Minutes 11-15-05
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD ON TUESDAY, NOVEMBER 15, 2005 IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Vice Mayor
Bob Ensler, Commissioner
Mike Ferguson, 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 by Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
Mayor Taylor called the meeting to order at 6:30 p.m. Commissioner McKoy gave the
invocation in the absence of Rev. Riccardi. Commissioner Ferguson led the Pledge of Allegiance
to the Flag.
· Selection of Vice Mayor per Section 2-1.2 of City Code
· Administration of Oath of Office to Vice Mayor
· Presentation of Plaques to Commissioners
Mayor Taylor opened the floor to nominations for Vice Mayor.
Commissioner Ensler nominated Commissioner McKoy for Vice Mayor. Vice Mayor McCray
seconded the nomination. Since there were no other nominations, Commissioner McKoy was
declared the Vice Mayor by acclamation.
City Clerk Janet Prainito administered the Oath of Office to Vice Mayor McKoy.
A plaque was presented by Mr. Bressner to the Mayor in appreciation for his service during
2004-2005. Mayor Taylor then presented the Commissioners with plaques in appreciation for
their service during 2004-2005. The plaques were received by all with thanks.
Commissioner McCray expressed his thanks to the citizens of Boynton Beach and the members
of the Commission for their support during his tenure as Vice Mayor. He also congratulated
Vice Mayor McKoy on his new appointment.
Vice Mayor McKoy indicated he was proud to be a part of the leadership of the City of Boynton
Beach and emphasized the Commission was committed to making sure the needs of the citizens
were met.
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November 15, 2005
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McCray moved to approve the agenda. Commissioner Ferguson seconded the
motion. Motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ferguson had two comments. First, he echoed the sentiments of at least six
residents congratulating City staff on the recovery efforts after Hurricane Wilma. Secondly, he
pointed out an ambiguity he felt existed due to new fire regulations and the Ordinance
addressing increased density. Commissioner Ferguson felt the issue should be reviewed to
allow for the verticality necessary to move the City forward.
Commissioner Ensler agreed with Commissioner Ferguson and indicated he had reviewed the
issue with Chief Bingham and the City Manager. He had also received the same type of
feedback from developers. Commissioner McCray concurred.
Mr. Bressner gave an update on the Code requirement for buildings over six stories or higher to
include an air handling system for the Fire Department to fill firefighter air packs. The
development community had two issues. First, the system required was only available through
a company based in California and secondly, it would have to be installed by a licensed
contractor. The cost of the equipment and availability of a licensed contractor were deterrents
for the developers to build taller buildings. Mr. Bressner indicated there was a provision in the
Fire Code providing for performance based alternatives. Mr. Bressner shared the Commission's
vision to be able to go higher than five stories.
Bill Bingham, Fire Chief, agreed with the synopsis by Mr. Bressner regarding discussions with
the development community on the Fire Code and density. He emphasized the Fire Chief and
the City has the authority with jurisdiction over the performance based alternatives that exists
in the Code and routinely makes exceptions to the Code. Other reasonable means to get to the
desired outcome have been found acceptable. Mr. Bressner felt the Code needed to be clarified
and changes could be ready for the next Commission meeting.
Commissioner McCray indicated he had mixed feelings about the Hurricane recovery. Village on
the Royale Green and the Crossings had been hit very hard. Commissioner McCray indicated he
had called a meeting with the President of the Crossings, the City Manager, Mr. Large, Mr.
Greene and Nancy Byrne. He was concerned that the Building Division had an unqualified
interim director serving as a building inspector. Interim directors need to be more qualified in
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the instance of a hurricane and the City should go outside the City to find people more
qualified.
Commissioner McCray thanked the City employees who cleaned the streets and worked hard.
He thanked the Police Department for their availability although he contended they were not
present in his District when he had called due to the lack of electricity. He felt some of the
citizens in his District II from Village Royale on the Green and the Crossings had been treated
badly.
Mayor Taylor agreed with both Commissioner Ferguson's comments and reiterated how proud
he was of the City's workforce for their efforts during the Hurricane. Utilities Department
workers were even out during the eye of the Hurricane making repairs.
Mayor Taylor read his comments he had made at the Intracoastal Park in observance of
Veterans Day honoring those who had served their country during times of war. He recognized
those veterans that were present and thanked them for their service.
III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
1. "A Season of Peace" holiday tree lighting ceremony will be held on
November 20th from 4-7 p.m. at the Schoolhouse Children's Museum on
Ocean Avenue. Admission is free. Entertainment and food will be
available.
Wayne Segal, Director of Public Affairs, announced the "A Season of Peace" lighting ceremony
being held November 20th marking the start of the holiday season in Boynton Beach.
C. Presentations:
1. Proclamations:
None
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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Rod Silvario, 10 Velaire Drive, indicated the fact the City maintained the water and sewer
system throughout the Hurricane made the loss of electrical power much more bearable for the
residents.
Shirley Jaskiewicz, 1917 SW 13th Avenue, praised the City employees, Commission and
City Manager for their preparedness in dealing with the Hurricane. She indicated several
months ago Commissioner Ensler had held a quarterly meeting with all the homeowner
associations in his District at which Mayor Taylor and the City Manager discussed hurricane
preparedness, having learned much from the previous year. Ms. )askiewicz congratulated Mr.
Bressner for his foresight and the Public Works, Utilities and Police Departments for their
efforts.
Frank Sauza, 6198 Cottage North Circle, Lake Worth, thanked the Mayor for his remarks
relating to veterans as he had a sister serving in Iraq at the present time. He indicated some
City employees and citizens were present and wanted to speak on behalf of the valuation and
ongoing issues.
Anne Smith, 4 Velaire Drive, expressed her gratitude to the water and sewer employees for
all their service. She commented on the use of a generator that belonged to the Utilities
Department to make ice for the residents rather than being used on rotation for the lift stations.
Ms. Smith suggested the CRA or Fire Department purchase a generator to make ice for the
residents.
Rick Smith, 15 Velaire Drive, also thanked the employees for the work they did during the
emergency. Mr. Smith contended there was more sewage in the streets with Hurricane Wilma
than the previous year's hurricanes. He attributed this to the unavailability of pull around
generators to maintain the function of the lift stations. Mr. Smith questioned the assignment
and duties of various Utilities Department staff in the aftermath of a significant hurricane.
Mike Osborne, 3712 Coelbs Avenue, handed out copies of photographs he had taken
allegedly representing areas of the water plants in need of repair. He explained what each
picture represented. A copy of the handout is on file in the City Clerk's office. Mr. Osborne felt
the use of an interim director for twenty-one months had hampered staff's ability to repair the
various problems. He did appreciate the efforts of Mr. Boateng, the current Director of Utilities,
and indicated improvements have been made. Mr. Osborne stressed there are many good
employees who have not been able to do their best work because the necessary repairs and
replacement of parts had not been processed by management. With the current
reorganization, Mr. Osborne feared there would be more supervisors than workers to do the job
correctly.
Commissioner Ensler found it hard to understand, if the proper paperwork for the parts and
repairs had been submitted, why the repairs had not been made since the money is available
for repairs to keep the facilities running.
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Commissioner McCray thanked Mr. Osborne for his fortitude in bringing the issues to the
Commission.
Ken Cordis, 3280 Churchill Drive, spoke regarding the maintenance and damage to the
Little League fields. He questioned who was in charge and what the process was to request
changes at the fields to ensure their availability for the upcoming season and the safety of the
participants. Mr. Bressner gave Mr. Cordis a copy of a written report that had been sent to Mr.
McVey on the status of the repairs to the park, and informed him Jody Rivers was the individual
in charge of the park. Mayor Taylor explained the damage to the park was being prioritized
with all the other needs of the City.
Herb Suss, 1711 Wood Fern Drive, had worked as a volunteer with City employees during
the hurricane and felt the staff had done a fantastic job and was very proud. He also
appreciated the remarks made by the Mayor regarding veterans.
Tina Smith submitted a list of all lift station backups during the declared emergency to the
Commission and is on file in the City Clerk's office.
Christine Roberts, 70 Heather Trace Drive, informed the Commission she was present with
her colleagues in support of the City Manager. She pointed out the City had grown
considerably during the last five years and felt Mr. Bressner's support of the community,
Commission and employees has been a factor. He has brought the core values of creativity,
integrity, stewardship and diversity to the City and its employees, although some employees do
not embrace the concept of stewardship. Other employees stood and applauded Mr. Bressner's
performance. Commissioner McCray pointed out it was only administrative and management
employees who stood in support of the City Manager.
Justice Brown, 39 Coconut Lane, Ocean Ridge, commended Tim Calhoun for maintaining
a fuel supply for the water plants.
Alice Warren, 1719 Wood Fern Drive, suggested the Citizen's Patrol could be trained to
assist with traffic control during declared emergencies. Mayor Taylor indicated there were
issues of liability for the City that would need to be addressed.
Brian Edwards, 629 NE 9th Avenue, felt frustration that the problems for the Utilities worker
could not be resolved. His opinion was that a supervisory problem existed within the
department which should be addressed as soon as possible. Mr. Edwards informed the
Commission he sat in the Emergency Operation Center for the County and the City of Boynton
Beach shines as being self-sufficient and well prepared. Mr. Edwards said he could never be
more proud of the City and the City Manager for the hurricane preparedness that has been
accomplished and the work of the city employees.
Jeff Mark, a former resident of the Seaview Trailer Park, 1620 N. Federal Highway
and a city employee, indicated he had received no money from the developer or landowner
to assist with his eviction from the Seaview Trailer Park. He felt there was a great division
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between the workers and management of the City. He asserted his co-workers do an awesome
job and strive to do their best to make the City proud, but have not been recognized for their
dedication.
Tina Smith, 15 Velaire Drive, indicated she was just recently promoted to an assistant
supervisor in the Storm Water Division. She felt the employees had done a great job and have
many great ideas for improvements that have not been considered. She felt management did
not listen to the ideas of some workers and other workers fear retaliation for making
suggestions. Mayor Taylor assured Ms. Smith the ideas do come before management and the
Commission for review and consideration. He advised Ms. Smith to be sure to listen to her
direct reports also and learn from past experiences.
No one else coming forward, Mayor Taylor closed the public audience.
V. Administrative:
A. Accept the resignation of Greg Emery, a Regular Member of the Veterans
Advisory Commission.
Motion
Commissioner Ferguson moved to accept the resignation of Greg Emery from the Veterans
Advisory Commission. Commissioner McCray seconded the motion. Motion passed
unanimously.
B. Accept the resignation of Robert Zimmerman, a Regular Member of the Building
Board of Adjustments and Appeal.
Motion
Commissioner Ferguson moved to accept the resignation of Robert Zimmerman from the
Building Board of Adjustment and Appeals. Vice Mayor McKoy seconded the motion. Motion
passed unanimously.
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2)
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2)
III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/06(3)
IV McKoy Adv. Bd. On Children & Youth Reg 1 yr term to 4/07(3)
II McCray Arts Commission Alt. 1 yr term to 4/06(2)
IV McKoy Cemetery Board Alt 1 yr term to 4/06(2)
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II McCray Code Compliance Board Alt 1 yr term to 4/06(2)
III Ferguson Code Compliance Board Alt 1 yr term to 4/06(3)
IV McKoy Education Advisory Board Alt 1 yr term to 4/06(2)
II McCray Library Board Alt 1 yr term to 4/06(2)
I Ensler Veterans Advisory Commission Alt 1 yr term to 4/06(2)
II McCray Veterans Advisory Commission Alt 1 yr term to 4/06(2)
III Ferguson Employees' Pension Board Reg 3 yr term to 4/08(3)
Mayor Taylor, Vice Mayor McKoy and Commissioners Ensler, Ferguson and McCray tabled all
appointments.
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:
1. Special Commission Meeting - October 25, 2005
2. Agenda Preview - October 28, 2005
3. Regular City Commission -November 1, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve renewal of consultant agreements issued under RFQ #065-2821-
03/0D as allowed in the agreement and authorize the Utilities
Department to conduct negotiations for compensation rates with the
same consultants/engineers qualified under RFQ #065-2821-03/0D,
November 18, 2003.
Commissioner McCray pulled item B.1 for discussion.
2. Accept the award of the block grant between the City of Boynton Beach
and the U.S. Department of Justice, Justice Assistance Grant Program
(JAG) in the amount of $55,965.00.
Commissioner McCray pulled item B.2 for discussion.
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3. Award "CO-OP LIQUID CHLORINE AND SODIUM HYPOCHLORITE, (West
Palm Beach is the lead agency), Bid #027-27241-05/JA TO ALLIED
CHEMICAL CORPORATION. The total estimated annual expenditure is
$150,000.00.
4. Approve the purchase of recap tires from Pride Enterprises on an "As
Needed Basis" with an annual expenditure of $55,000.00. (Tabled
11/1/05)
C. Resolutions:
1. Proposed Resolution No. R05-190 RE: Amending
Resolution R05-104 to correctly reflect the number of special events as
twelve (12) in the current agreement between the City of Boynton Beach
and Boynton JCP Associates, LTD.
Commissioner McCray pulled item C.1 for discussion.
2. Proposed Resolution No. R05-191 RE: Authorizing
execution of an agreement for Traffic Enforcement between the City of
Boynton Beach, FL and Nautica Homeowner's Association, Inc.
Commissioners Ensler and McCray pulled item C.2 for discussion.
3. Proposed Resolution No. R05-192 RE: Approving and
authorizing execution of a Mutual Aid Agreement for Water/Wastewater
coordinated by Florida's Water/Wastewater Agency Response Network
(FlaWARN).
Commissioner McCray pulled item C.3 for discussion.
4. Proposed Resolution No. R05-193 RE: Approving and
authorizing execution of an Agreement with the South Florida Water
Management District (SFWMD) to accept a $222,800 grant for the
construction of Aquifer Storage and Recovery Well # 2 (ASR-2).
5. Proposed Resolution No. R05-194 RE: Ratifying an
emergency contract with Justin Industries for debris removal services
after Hurricane "Wilma" at the Municipal Golf Course for a total
expenditure of $145,000.00.
Commissioner McCray pulled item C.5 for discussion.
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6. Proposed Resolution No. R05-195 RE: Authorizing
the execution and payment of the annual service agreement between
Motorola and the City of Boynton Beach in the amount of $124,785.96.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
1. Majestic Gas (ZNCV 05-007) Request for relief from the City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 4-L, requiring a six (6) foot solid, stucco masonry wall to allow a
six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an
R-1-A Single Family Residential neighborhood. (Tabled 11/1/05)
Commissioners Ensler and McCray pulled item E.1 for hearing.
F. Return cash bond of $3,300.00 to Serraes Construction for the project known as
St. Mark Catholic Church.
G. Return cash bond of $29,198.40 to Elder-Jones, Inc. for the project known as
Nextel Communications (Store #35, Boynton Beach Mall).
H. Return cash bond of $11,000.00 to Pyramid Construction for the project known
as Dunkin Donuts.
I. Return cash bonds of $1,495.00 and $15,400.00 to Southern Construction &
Design Group, Inc. for the project known as Murano Bay (sales trailer).
J. Return cash bond of $11,000.00 to Phegley Corp. for the project known as Largo
Pointe.
K. Approve Change Order #3 for the Library Expansion Project in the amount of
$171,902 to cover the cost escalations to the contractor from the precast
structural subcontractor.
Commissioners Ensler and McCray pulled item K for discussion.
L. Accept the written report to Commission of purchases over $10,000 for the
month of October 2005.
Motion
Commissioner McCray moved to approve the consent agenda as amended. Vice Mayor McKoy
seconded the motion. Motion passed unanimously.
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B.1 Approve renewal of consultant agreements issued under RFQ #065-2821-
03/0D as allowed in the agreement and authorize the Utilities
Department to conduct negotiations for compensation rates with the
same consultants/engineers qualified under RFQ #065-2821-03/0D,
November 18, 2003.
Commissioner McCray requested further information from staff why other firms were not
allowed to be included as consultants.
Kofi Boateng, Director of Utilities, responded two years ago the Commission had authorized 20
consultants in three different work categories including an option for renewal that is now being
requested. He explained the entire RFQ process would need to be reinstituted necessitating a
delay of several months if the renewal was not granted.
Motion
Vice Mayor McCray moved that item B.1 be denied.
Mayor Taylor noted the original RFQ included a clause for renewal for two years upon
satisfactory performance and any of the 20 consultants can be utilized.
There being no second to the motion the motion failed.
Motion
Commissioner Ensler moved to approve item B.!. Vice Mayor McKoy seconded the motion.
Discussion
Vice Mayor McKoy inquired if any additional firms had been used during the term of the original
contract. Mr. Boateng replied none had been used. Mr. Bressner indicated there is an option
that firms other than ones on the original list can be used for a specific project and that was
done for a project at the West Plant.
Vice Mayor McKoy asked that in the future all firms used be revealed to the Commission. Mr.
Boateng agreed to do so.
Vote
Motion passed 4-1. (Commissioner McCray dissenting.)
B.2 Accept the award of the block grant between the City of Boynton Beach
and the U.S. Department of Justice, Justice Assistance Grant Program
(JAG) in the amount of $55,965.00.
Commissioner McCray requested additional information for the benefit of the public.
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Major Wendy Unger, Boynton Beach Police Department, reported it is a non-matching grant
awarded through the Uniform Crime Reports and the Department of Justice. It will include air
cards for communication as well as digital in-car cameras.
Motion
Commissioner McCray moved to approve item B.2. Commissioner Ferguson seconded the
motion. Motion passed unanimously.
BA. Approve the purchase of recap tires from Pride Enterprises on an "As
Needed Basis" with an annual expenditure of $55,000.00. (Tabled
11/1/05)
Motion
Commissioner McCray moved to remove item BA from the table. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
Motion
Commissioner Ferguson moved to approve item BA. Commissioner Ensler seconded the
motion. Motion passed unanimously.
c.!. Proposed Resolution No. R05-190 RE: Amending
Resolution R05-104 to correctly reflect the number of special events as
twelve (12) in the current agreement between the City of Boynton Beach
and Boynton JCP Associates, LTD.
Commissioner McCray asked for an explanation why the number of events was increased and
requested a list of the twelve events.
Wally Majors, Director of Recreation and Parks, explained it was a mistake in the original
resolution and the five year agreement was actually for twelve events each year. The events
are not currently planned. An example of a special event would be the holiday tree sales or car
shows that are established at a predetermined site around the mall and must meet the criteria
of a special event permit.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R05-190. Commissioner
Ferguson seconded the motion.
Mayor Taylor added in exchange for the special events, the City receives free rent for the City
Hall in the Mall space.
Vote
Motion passed unanimously.
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C.2. Proposed Resolution No. R05-191 RE: Authorizing
execution of an agreement for Traffic Enforcement between the City of
Boynton Beach, FL and Nautica Homeowner's Association, Inc.
Commissioner Ensler noted the Nautica Homeowner's Board minutes did not include granting
any authority for John Lynch to sign for the Association. Attorney Cherof explained the
signature of the President of a Florida Corporation is not required to either be attested or
approved by resolution of the corporation itself. Commissioner Ensler still felt the Commission
should know that the organization supports the agreement. Commissioner McCray agreed with
Commissioner Ensler's assessment.
Mr. Bressner suggested the matter be tabled and referred back to the Homeowner's Association
to have the Board meet and verify participation in the agreement. Commissioner Ensler
contended written confirmation should be submitted.
Attorney Cherof asked if that would be a practice the Commission would require on all future
agreements to include a supporting resolution. Commissioner McCray and Ensler concurred.
Motion
Commissioner Ensler moved to table item C.2. Commissioner McCray seconded the motion.
Motion passed unanimously.
C.3. Proposed Resolution No. R05-192 RE: Approving and
authorizing execution of a Mutual Aid Agreement for Water/Wastewater
coordinated by Florida's Water/Wastewater Agency Response Network
(FlaWARN).
Commissioner McCray requested further explanation for the benefit of the public.
Mr. Boateng elaborated it was an open ended, mutual agreement between several Utilities for
the sole purpose of assisting each other during emergency situations. Any Utility has the option
to withdraw from the co-op at any time.
Mr. Bressner recommended the resolution be amended to reflect a three or two year trial
period. Commissioner McCray suggested one or two years would be sufficient at this time.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R05-192 for a two year
period. Vice Mayor McKoy seconded the motion.
Discussion
Bob Brown, 701 South Sea crest, felt it was prudent of the Commission to limit the
agreement to two years.
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November 15, 2005
Vote
Motion passed unanimously.
c.s. Proposed Resolution No. R05-194 RE: Ratifying an
emergency contract with Justin Industries for debris removal services
after Hurricane "Wilma" at the Municipal Golf Course for a total
expenditure of $145,000.00.
Commissioner McCray purported a department head had called him indicating Mayor Taylor was
in favor of the Proposed Resolution. Staff should be aware of the requirements of the Florida
State Sunshine Law and that emergency meetings can be called to deal with such issues.
Mayor Taylor said he was contacted for his approval and he felt the entire Commission should
be aware of it and had asked the department head to call the other Commissioners and get
their input.
Commissioner McCray thanked Mayor Taylor for recognizing the entire Commission's
responsibility.
Motion
Commissioner McCray moved to approve Proposed Resolution No. ROS-194. Commissioner
Ferguson seconded the motion. Motion passed unanimously.
E. Ratification of CRA Action:
1. Majestic Gas (ZNCV 05-007) Request for relief from the City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 4-L, requiring a six (6) foot solid, stucco masonry wall to allow a
six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an
R-1-A Single Family Residential neighborhood. (Tabled 11/1/0S)
Commissioner Ensler indicated he had pulled the item to give the applicant or the public a
chance to be heard.
Attorney Cherof administered the oath to anyone wishing to speak on the matter and explained
the procedure.
George Esavocal, Florida Design Architects, representing the owner Rajesh Patel, evaluated the
project for expansion from a service station with repair bays to a gas station and a convenience
store. He requested a temporary fence be installed until the expansion plans have been
approved and the new facilities are made. An extension of the requirement for the masonry
wall would be necessary until the total expansion project is completed.
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Motion
Commissioner McCray moved to remove the item from the table. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
Mike Rumpf, Planning and Zoning Director, was concerned about the length of time it would be
until the expansion plans were approved and construction commenced, so it would be difficult
to approve the current request. Staff would not support the request because it could be as
much as two years before the proposed expansion plans would be commenced. There would
be no means to control the time period.
Bob Brown, 701 South Seacrest, believed there was a problem with fences and their ability
to withstand hurricane force winds that may need to be addressed. The blue permit is
available for a trailer or temporary fence or power pole for a year with an extension for another
year.
Commissioner Ensler noted the applicant had brought the matter up on short notice and the
appropriate boards had not had an opportunity to address the request. Perhaps tabling the
matter for two weeks would allow further review.
Lisa Bright, CRA Interim Director, reported the matter had come before the Community
Redevelopment Agency and the Board was unanimous that a masonry wall should be installed
in light of complaints by citizens on the street.
Motion
Commissioner Ensler moved to table the matter for two weeks. Commissioner McCray
seconded the motion.
Commissioner Ferguson inquired if the matter would have to return to the CRA also.
Commissioner McCray felt staff only needed to review the request. Mayor Taylor thought with
the change requested the matter would have to go through the entire process again. He
contended a few residents had been before the Commission and complained about the lack of
the wall. Mayor Taylor felt the matter should be done right and as quickly as possible.
Marie Horenburger, member of the CRA Board explained the applicant came to the that Board
requesting a vinyl or wood fence that was rejected by the Board.
Commissioner Ensler withdrew his motion. The Mayor clarified the question before the
Commission was a request for a wooden fence or masonry wall.
Motion
Mayor Taylor passed the gavel to Vice Mayor McKoy and moved to approve the request to
require a six foot solid stucco masonry wall. Commissioner Ensler seconded the motion.
Motion passed 3-2. (Commissioners McCray and Ferguson dissenting) Attorney Cherof pointed
out the vote constituted a denial of the request for relief.
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K. Approve Change Order #3 for the Library Expansion Project in the
amount of $171,902 to cover the cost escalations to the contractor from
the precast structural subcontractor.
Commissioner McCray was concerned if more change orders would be forthcoming. The
current change order would increase the override to a half a million dollars. Commissioner
Ensler questioned if this was a new item, how many are still outstanding and how does it affect
the budget for the program?
Wilfred Hawkins, Assistant City Manager, stressed the current change order is critical to the
building as part of the foundation. He did reveal there would be other change orders coming
based on material costs being fluid and the bottom line will be available at the next meeting.
Mayor Taylor pointed out money had been set aside for overrides on the project and asked if
the project was still within the budget. Mr. Hawkins confirmed the project was currently under
budget but cautioned other change order would take the project over budget.
Sam Furry, Architect explained the item covers the precast concrete second floor beams and
framing. Industry fluctuations have created a problem with delivery times and supply
shortages. He emphasized the project would come to a standstill if the item would not be
approved.
Motion
Commissioner Ensler moved to approve item K.
Commissioner McCray felt the contractor should have anticipated the increases at the time of
bidding the project. Mr. Furry explained other bids for materials are being sought; however the
circumstances of hurricanes have created a problem of the supply and demand as well as
material shortages.
Commissioner Ferguson seconded the motion. Motion passed 4-1. (Commissioner McCray
dissenting.)
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Spotts Abandonment (ABAN 05-007)
Daniel Spotts
15
Minutes
Regular City Commission Meeting
Boynton Beach, Florida
November 15,2005
Daniel Spotts
805 North Federal Highway
Request for abandonment of a portion of a 20 foot wide right-of-
way west of North Federal Highway abutting the Florida East
Coast Railway. (1st reading Proposed Ordinance No. 05-066)
(Tabled to 12/6/05)
IX. CITY MANAGER'S REPORT:
Owner:
Location:
Descri ption:
None
X. FUTURE AGENDA ITEMS:
A. Proposed amendment to Parks Dedication Code ordinance to modify the review
time line. (12/06/05)
B. Analysis of Water Capital Improvement Fees. (1/3/06)
C. City Manager's Evaluation (Tabled TBD)
D. Placement of quasi-judicial items on agenda.
E. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies.
F. Update on City's position on minority contracts.
G. Redistricting of Commission Districts presentation by FlU (12/06/05)
Motion
Commissioner McCray moved to consider the City Manager's Evaluation as it appeared on the
last agenda. Commissioner Ferguson seconded the motion.
Mayor Taylor indicated a motion was made at the last meeting by Commissioner McCray that
passed 3-2 for the evaluation to be done after the union contract was ratified and acted upon
by the Commission.
Commissioner McCray pointed out he was on the prevailing side and there was a motion on the
floor with a second.
Discussion
Commissioner Ensler noted the citizens should have an opportunity to also be heard and the
City Manager should be given an opportunity to prepare.
16
Minutes
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
Motion
Commissioner Ensler moved to do the City Manager's evaluation on December 6th. Vice Mayor
McKoy echoed Commissioner Ensler's concerns and seconded the motion.
Discussion
Commissioner McCray indicated he did not understand the confusion involving the evaluation
and regardless, his evaluation would not change.
Vote
Motion passed 3-2. (Commissioners McCray and Ferguson dissenting.)
Commissioner Ensler requested a future agenda item be added to the next agenda on requiring
underground utilities for new developments.
Mr. Bressner suggested two other hurricane related items be added to the Future Agenda
Items. One item would be the standards for placement of temporary FEMA trailers on private
property. The second item would be the replacement of non-conforming signs.
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
None
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 05-067 RE: Amending
Chapter 2 Administration, Section 2-16, City Boards and Commission:
Minimum Qualifications for Appointment, Membership; Revising
Subsections (a) and (b) allowing non-residents to serve on Advisory
Boards. (Tabled 11/1/05)
Attorney Cherof read Proposed Ordinance NO. 05-067 by title only.
Motion
Commissioner McCray moved to remove Proposed Ordinance No. 05-067 from the table. Vice
Mayor McKoy seconded the motion. Motion passed unanimously.
Commissioner Ensler suggested a list of boards that should not be allowed to have non
residents on the boards. Commissioner Ferguson indicated he was opposed to allowing non
17
Minutes
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
residents to serve on City Boards. Mayor Taylor and Commissioner McCray concurred with
Commissioner Ferguson.
Motion
Commissioner McCray moved to deny Proposed Ordinance No. 05-67. Commissioner Ferguson
seconded the motion. The motion passed 4-1. (Commissioner Ensler dissenting.)
2. Proposed Ordinance No. 05-069 RE: Amending
Land Development Regulations, Chapter 20, "Buildings, Housing and
Construction Regulations", Section 4, "FEES; to provide for an increase in
the percentage to 2% of the total valuation for permit fee calculation
purposes.
Attorney Cherof read Proposed Ordinance No. 05-069 by title only.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 05-069. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
No further matters to come before the Commission, Mayor Taylor adjourned the meeting at
8:37 p.m.
18
Minutes
Regular City Commission Meeting
Boynton Beach, Florida
ATTEST:
Yn.P~
puty City Clerk
(111605)
November 15,2005
//
19
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Majestic Gas
D'ytl~~IIt.nt
paz
BuildIng
EngIneering
Occ. Llcenu
Deputy City CI.rk
APPLICANT'S AGENT:
Mr. Rajesh Patel, Raj Properties, Inc.
APPLICANT'S ADDRESS: 5728 Descartes Circle, Boynton Beach, FL 33437
15"
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November)r."2005
TYPE OF RELIEF SOUGHT: Buffer Wall ZNCV 05-007: Relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer
Walls, to allow a six (6) foot fence along the south (rear) property line
in lieu of the required six (6) foot stucco masonry buffer wall required
to separate a commercial district from an abutting residential district.
LOCATION OF PROPERTY: 302 West Boynton Beach Boulevard, Boynton Beach, FL 33435
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:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicajlt
HAS
~HASNOT
established by substantial competent evidence a basis for the relief requested.
3. 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".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
c,.../' DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
6. All further development on the property shall be made in accordance with the
and conditions of this order.
7. Other
DATED: 11-18-oS
S:\Planning\SHARED\WP\PROJECTS\302 W Boynton Beach\ZNC
EXHIBIT "D"
Conditions of Approval
Project name: Majestic Gas Buffer Wall
File number: ZNCV 05-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Genera)
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
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
l. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\302 W BOyllton Beach\ZNCV 05-007\COND OF APPROV ALdoc
.~'
1 in. = 102.1 feet
EXHIBIT "A" LOCATION MAP
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