Minutes 02-07-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, FEBRUARY 7, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Judith Pyle, Deputy City Clerk
Absent:
Carl McKoy, Vice Mayor
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Martin Zlatic - St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
Mayor Taylor called the meeting to order at 6:30 p.m. Reverer;ld Martin Zlatic of St. Joseph's
Episcopal Church introduced a young member of his congregation, Pierce Sargent, to give the
Invocation. Mr. Sargent composed the prayer by himself. The Pledge of Allegiance to the Flag
was recited led by Commissioner McCray.
Mayor Taylor expressed thanks for the Invocation and distributed City of Boynton Beach pins to
Mr. Sargent and his classmates in the audience.
D. Agenda Approval:
1. Additions, Deletions, Corrections
City Manager Bressner added an item under New Business, a proposed award of contracts for
repair of Field #1 at Little League Park.
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda, as amended. Commissioner McCray
seconded the motion that passed 4-0.
II. OTHER:
A. Informational Items by Members of the City Commission
Mayor Taylor noted for the record Vice Mayor McKoy was not present since he was in
Washington, D.C. representing the City at the League of Cities meeting.
Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
Commissioner McCray announced February 8, 2006 was Mrs. Trudie Hands' lOoth birthday and
all were invited to a celebration at St. John's Missionary Baptist Church on Sunday, February 12,
2006 at 1:30 p.m.
Mayor Taylor announced representatives of the television program Extreme Makeover Home
Edition were hard at work renovating the Little League Park ball fields that were seriously
damaged in the hurricanes of 2005. The project was expected to be unveiled on Wednesday,
February 8. Mayor Taylor expressed gratitude for Extreme Makeover Home Editions willingness
to step in and bring about such a major benefit for the City. Mayor Taylor also expressed warm
praise and thanks for the incredible efforts of the City's employees in this undertaking. Public
Works, the Building Department, Police Department, Fire Department, and many others had
been at the Little League Park around the clock to help in the renovation efforts. Since the
show's producers had sworn the administration to secrecy, many employees were asked to do
things without being told the reason why and yet the employees responded.
Public Affairs Director Wayne Segal came forward to make the following announcements.
1. Boynton Regional Symphony Orchestra Concert Friday, March 10, 2006 at
7:30 p.m. at the Boynton Beach Community High School Auditorium,
4975 Park Ridge Blvd.
B. Community and Special Events:
1. Heritage Festival - February, 2006 -- Month-long celebration of Black
History Month that informs the public of the ties that bind the African-
American community together through the enjoyment of arts, education
and pride in African-American accomplishments and heritage.
SCHEDULE OF EVENTS
DATE
February 12
EVENT TIME
Soccer Tournament
S.m. -- 9 .m.
Awards Ban uet
Book Fair
Soccer Tournament
S.m. -- 9 .m.
LOCATION
Hester Center
Februa 18
Cafetorium
St. John Missiona Church
Hester Center
February 19
Mr. Segal reported the month-long celebration of Black history known as HeritageFest was
ongoing and continued this weekend with a soccer tournament at the Hester Center on
February 12. A complete schedule of the activities was on the desk in the lobby and in the
agenda packets.
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City Commission
Boynton Beach, Florida
February 7, 2006
Commissioner McCray indicated he would be asking the City to review the City's participation in
HeritageFest and with the HeritageFest Committee to determine whether there were ways in
which the City could improve its participation.
C. Presentations:
1. Proclamations:
Proclamation for the Extreme Makeover Home Edition reconstruction of
Little League Field.
Mayor Taylor presented a proclamation to Ms. Shana Kemp, a segment producer for the
Extreme Makeover Home Edition television show. Mayor Taylor read the Proclamation and
expressed the heartfelt thanks of the City to Extreme Makeover Home Edition and in particular
to Ms. Kemp, for coming to the aid of Boynton Beach. He realized the television show received
thousands of requests and felt Ms. Kemp's efforts had been pivotal in obtaining approval of
Boynton Beach's appeal for consideration.
City Manager Bressner presented Ms. Kemp with several articles conveying honorary City
employee membership to Ms. Kemp and she was very moved. The City Commission and the
audience gave Ms. Kemp a standing ovation.
2. Presentation by Mark Hansen, Palm Beach County School Board Member
regarding the harassment prevention program including a bullying
prevention program for Boynton Beach schools.
Mark Hansen, Palm Beach County School Board member, spoke of an anti-bullying program
originating in Norway known as Olweus. The Olweus program had been shown to be effective
in reducing bullying in schools by 30 to 70%. The program had finally come to this country and
the School Board was desirous of introducing it into all the cities in Palm Beach County. For the
pilot phase, the program would be offered in one elementary school and one middle school in
each City. They had begun in the south end of Palm Beach County and hoped to introduce it in
Boynton Beach soon, with the City's permission. Mr. Hansen introduced Mr. Normal Brickell, an
individual who had approached Mr. Hansen on behalf of the Rodd D. Brickell Foundation that
wanted to become more involved with the schools. In 1997, Mr. Brickell and his ex-wife
donated $10K to the University of Miami's Department of Psychiatry and Behavioral Sciences to
open Florida's first center for the study and prevention of teen suicide.
Norman Brickell, 1500 S. Ocean Boulevard, Boca Raton, spoke of establishing a
foundation twenty years previously in memory of his son. The Foundation's original program to
prevent teen suicide was in place at two hospitals and many colleges. In the last few years,
bullying in schools had become more sophisticated and sometimes developed into situations
such as occurred at Columbine High School. The Foundation wanted to see the Olweus program
administered in the cities of Palm Beach County and offered a $5K grant to each City with the
hope the cities would match it. The Safe School Institute would administer the program. Also,
the State Legislature would be considering anti-bullying legislation in the next session. Mr.
Brickell commented a formal proposal would be forthcoming and he hoped the City would
decide to participate.
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
Commissioner McCray asked Mr. Hansen if the School Board had decided which elementary
school and which middle school would have the program in the City of Boynton Beach. Mr.
Hansen said they would be seeking feedback and direction from the City Commission about
which schools would be appropriate. He mentioned Christa McAuliffe Middle School had been
suggested to him as a potential option. Mayor Taylor commented Christa McAuliffe was not a
part of incorporated Boynton Beach.
Commissioner Ensler directed thanks to the School Board through Mr. Hansen for its assistance
with getting the Boynton Regional Symphony started.
Mayor Taylor expressed support for anti-bullying programs as he knew from personal
experience that bullying did occur.
3. Presentation of certificates of appreciation to members of the City of
Boynton Beach All Star Pee Wee (ages 5-9) and Junior (ages 10-14)
Cheerleading Squads.
Mayor Taylor introduced Wally Majors, Recreation & Parks Director, who presented certificates
of appreciation to the members of the City of Boynton Beach All Star Pee Wee and Junior
Cheerleading Squads. Mr. Majors introduced Ms. Mary DeGraffenreidt, Senior Recreation
Manager, who assisted Mr. Majors in the distribution of the certificates. Mr. Majors expressed
his particular thanks to Ms. DeGraffenreidt for her assistance in this project.
Each member of the squads came forward to receive a certificate. A group picture was taken
following the presentation. The squads performed a cheer, which was met with applause from
their parents, the City Commission and members of the audience.
Mr. Majors noted the squads were in need of financial support for upcoming trips and
encouraged the residents to be responsive to their needs.
4. Presentation by Lisa Bright, Director of the Community Redevelopment
Agency to Don Fenton for his dedication to the City over the past five
years.
Lisa Bright, Community Redevelopment Agency Director, praised Don Fenton for his
contributions on the Community Redevelopment Agency Board where he had served for many
years. She appreciated him for his ability to allow others to disagree with him without rancor
and for the insights he offered.
Jeanne Heavilin, Community Redevelopment Agency Chairperson, accepted the certificate of
appreciation from Mayor Taylor on behalf of Mr. Fenton, who was out of the country on a family
vacation. Ms. Heavilin recalled Mr. Fenton was one of the original Board members who
participated in the early "growing pains" of the Community Redevelopment Agency. His financial
expertise made him a real asset to the Board and he would be missed.
On behalf of the City Commission, Mayor Taylor asked Ms. Heavilin to convey heartfelt thanks
to Mr. Fenton for his years of dedicated service.
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City Commission
Boynton Beach, Florida
February 7, 2006
IV. PUBLIC AUDIENCE:
lames Gostel, 1383 Summit Pines Boulevard, Apt. 1110, West Palm Beach, former
resident of Boynton Beach, referred to a dispute of eight years duration with the City over his
property on North Sea crest Boulevard. He begged the City Commission to open a dialogue and
bring in arbitrators to settle the dispute. He stated the final solution was now on the table and
before that went, he begged the Commissioners to open a dialogue with him. He stated he was
a poor human being who needed help, was promised help by the City and then denied it. He
had promised God he would wait eight years for a peaceful resolution but he was out of time.
His health was failing, and he needed a dialogue to be opened. He would return to the
Commission in two weeks and hoped the Commissioners would agree to the dialogue. That was
all he required at this point.
Pierce Dean and Mike Downey of the Sterling Village development appeared on
behalf of Sterling Village. Mr. Dean's address is 620 Horizons West. Mr. Dean explained
he, Mr. Downey and Commissioner Ferguson were all on the Board of Directors at Sterling
Village. They presented the Commission a letter of thanks from the residents of Sterling Village
for the assistance the City provided them after Hurricane Katrina. The complex houses many
elderly individuals who were unable to climb up and down three flights of stairs to go in search
of water during the extended power outage. After a week, Mr. Dean called the City of Boynton
Beach and spoke to City Manager Bressner who was extremely helpful. Mr. Dean was directed
to Fire Chief Bingham, who arranged for Mr. John Guidry of Utilities Engineering to deliver
approximately 3,000 pounds of ice to Sterling Village. The ice was much appreciated by all.
Mayor Taylor thanked Mr. Dean and Mr. Downey for taking the time to come and express
thanks to the City and its employees. The Commission was proud of the employees' efforts
during and after the hurricane. He noted the City was trying to encourage communities such as
Sterling Village to get together to purchase at least one generator and icemakers so they could
produce ice in any future hurricane emergencies.
Mr. Dean responded they were indeed purchasing an ice machine and trying to advise people
what to do before a storm to avoid difficulties that come with the loss of power.
Herb Suss, resident of Quail Run, mentioned he had complained earlier about the cost of
the City's recent pay/classification study. He had since received a letter from the City Manager
and had come to realize it was money well spent. He hoped the study could be used as a guide
in three years so the cost could be avoided. He felt the employees deserved to have their
salaries brought into line with those of the surrounding cities and he stood corrected.
Since no one else came forward to speak, Mayor Taylor closed the Public Audience.
Commissioner McCray commented there was a lot of demolition going on throughout the City
and this was good news for the citizens.
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7,2006
V. ADMINISTRATIVE:
A. Accept the resignation of Floyd Beil, a regular member of the Education Advisory
Board.
Motion
Commissioner Ferguson moved to accept Floyd Beil's resignation from the Education Advisory
Board. Commissioner McCray seconded the motion that passed 4-0.
B. Appointments to be made:
Appointment Length of Term
To Be Made Boa rd Expiration Date
IV McKoy Adv. Bel. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
I Ensler Adv. Bel. On Children & Youth Reg 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07
Mayor Taylor Cemetery Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/06
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (3)
I Ensler Education Advisory Board Reg 2 yr term to 4/07
III Ferguson Library Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08
All appointments were tabled due to lack of candidates.
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. Agenda Preview Conference - January 13, 2006
2. Regular Commission Meeting - January 17, 2006
3. Special Commission Meeting - January 18, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES" Bid #009-2110-06/JA, to Staffing Connections/Action Labor,
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City Commission
Boynton Beach, Florida
February 7, 2006
for an estimated annual expenditure of $261,000.00. (Proposed
Resolution No. R06-001) (Tabled on 01/03/06)
Commissioner McCray pulled agenda item VI.B-1.
2. Approve a piggyback to City of West Palm Beach Quote #04j05-Q091 for
Fire Hydrant Testing and Audit of Fire Hydrants with Metro Hydrant &
Valve Service, Inc. for an estimated dollar amount of $48,750.00.
(Proposed Resolution No. R06-032)
Commissioner Ensler pulled agenda item VI.B-2.
3. Approve a multi-award of the "ONE YEAR PIPE FITTINGS AND
ACCESSORIES" Bid #004-1412-06jJA, to various vendors on an "AS
NEEDED BASIS" for an estimated annual expenditure of $130,000.00.
4. Approve the piggyback of the U.S. COMMUNITIES GOVERNMENT
PURCHASING ALLIANCE, LOS ANGELES COUNTY CONTRACT # 218955 to
OFFICE DEPOT for the PURCHASE OF OFFICE SUPPLIES with estimated
expenditure of $212,000.00, Bid # 015-1412-06jJA.
5. Approve an emergency purchase to repair a gravity main water line that
had failed. A sinkhole developed around the entrancejexit portion of the
community. The expenditure is: $66,444.28.
C. Resolutions:
1. Proposed Resolution No. R06-033 RE: Approving and
authorizing execution of a First Amendment to the Interlocal Agreement
between the City of Boynton Beach and Palm Beach County for the use of
the County's digital microwave system.
2. Proposed Resolution No. R06-034 RE: Approving and
authorizing execution of a Deed of Utilities Easement to Florida Power &
Light Company (FP&L) within properties owned by the City. FP&L will
provide a power feed source related to the City's INCA project (Formerly
known as NE ih Avenue and 10th Avenue Water Main Replacement and
Storm Water Management.
3. Proposed Resolution No. R06-035 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Luis Goncalves for the property at 1042 Alto Road, Lantana,
FL (Ridge Grove Add No 1 Lt 284).
4. Proposed Resolution No. R06-036 RE: Approving the
Lease Agreement with Child Care Center, Inc. for the property at 909 NE
3rd Street, Boynton Beach, FL per the terms of the agreement.
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City Commission
Boynton Beach, Florida
February 7, 2006
5. Proposed Resolution No. R06-037 RE: Approving the
First Amendment to the agreement entered into with Progress Telecom
(PTLLC Acquisition co., LLC) on April 20, 2005, Resolution No. R05-067.
the initial phase of the project was approved by City Commission to be
conducted with the CRA area and the Heart of Boynton corridor.
6. Proposed Resolution No. R06-038 RE: Approving the
Worksite Agreement with Workforce Alliance for temporary labor to assist
with hurricane recovery through the National Emergency Grant.
7. Proposed Resolution No. R06-039 RE: Approving the
revision of the Cemetery Rules and Regulations.
8. Proposed Resolution No. R06-040 RE: Approving and
authorizing execution of an Interlocal Agreement between the City of
Boynton Beach and the Community Redevelopment Agency (CRA) to
provide for the installation of publiC improvements on SE 4th Street
9. Proposed Resolution No. R06-041 RE: Approving and
authorizing execution of Amendment #1 to Task Order #U04-16-2, PBSJ,
in the amount of $349,848.00 plus a 5% owner's contingency of
$17,492.00 for a total budget appropriation of $367,340.00.
10. Proposed Resolution No. R06-042 RE: Approving and
authorizing execution of Amendment #1 to Task Order No. 3 Water
Supply Options SFWMD Consumptive Use Permit to Brown and Caldwell
in the amount of $74,200. (Table to February 21/ 2006)
11. Proposed Resolution No. R06-043 RE: Approving City
Pay Ranges and Pay Classification System for City of Boynton Beach
Pursuant to Pay Study by MGT approved by the City Commission on
January 17, 2006.
12. Proposed Resolution No. R06-044 RE: Approving the
ratified addendum to the NCF&O White Collar collective bargaining
agreement for the fiscal year 2005/2006 wage re-opener.
13 Proposed Resolution No. R06-045 RE: Establishing a
Community Investment Fund; rescinding all previous Resolutions and
policies governing expenditures of Community Investment Funds.
14.
Proposed Resolution No. R06-046
continuation of Public School Choice Options.
RE: Supporting the
D. Ratification of Planning & Development Board Action:
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City Commission
Boynton Beach, Florida
February 7, 2006
1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district. (Heard by P &
o on January 24, 2006 and postponed to the February 21, 2006
City Commission Meeting)
E. Ratification of CRA Action:
1. Edward Medical Offices (SPTE 06-001) Request for a one-year site
plan time extension for a site plan approval granted on November 16,
2004 from November 16, 2005 to November 16, 2006.
Commissioner Ensler pulled agenda item VI.E-1.
F. Approve the "Boynton Lakes Plaza Replat No.1" Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr.
(City Engineer and Surveyor & Mapper).
G. Approve the "KNOLLWOOD PUD" Record Plat, conditioned on the approval being
the certification of the plat documents by H. David Kelley, Jr. (City Engineer and
Surveyor and Mapper)
H. Authorize the use of Community Investment Funds from Commissioner Ensler in
the amount of $2,000 for the Boynton Regional Symphony Orchestra.
I. Authorize the use of Community Investment Funds from Mayor Taylor in the
amount of $1,000 for the Boynton Regional Symphony Orchestra.
Motion
Commissioner McCray moved to approve the consent agenda except for items VI-B.1, VI-B.2,
and VI-E. 1. Commissioner Ferguson seconded the motion that passed 4-0.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES" Bid #009-211O-06/JA, to Staffing Connections/Action Labor,
for an estimated annual expenditure of $261,000.00. (Proposed
Resolution No. R06-001) (Tabled on 01/03/06)
Commissioner McCray called for the item to be removed from the table.
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
Motion
Commissioner McCray moved to remove agenda item VI-B.1 from the table. Commissioner
Ferguson seconded the motion that passed 4-0.
Motion
Commissioner McCray moved to approve agenda item VI.B-1. Commissioner Ensler seconded
the motion that passed 4-0.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
2. Approve a piggyback to City of West Palm Beach Quote #04/05-Q091 for
Fire Hydrant Testing and Audit of Fire Hydrants with Metro Hydrant &
Valve Service, Inc. for an estimated dollar amount of $48,750.00.
(Proposed Resolution No. R06-032)
Commissioner Ensler remarked about the report associated with this item wherein it mentioned
250 hydrants in other government entities and he asked how this came about. Also, he inquired
how the City was reimbursed for the inspection costs.
Fire Chief Bill Bingham addressed Commissioner Ensler's question, saying the hydrants were
located in areas with which the City had public safety contracts such as Hypoluxo, Ocean Ridge,
Briny Breezes, and the Village of Golf. The City had a vested interest in seeing that those
hydrants were up and running.
Commissioner Ensler asked if the fee the City charged for its services in the contract covered
the inspection fees for the hydrants, and Fire Chief Bingham assured him it did.
Motion
Commissioner Ensler moved to approve agenda item VI -B.2. Commissioner Ferguson seconded
the motion.
Commissioner McCray said in the future, it should be stipulated that the project included
hydrants in contract areas, so it would not come up for discussion again. Fire Chief Bingham
concurred.
E. Ratification of CRA Action:
1. Edward Medical Offices (SPTE 06-001) Request for a one-year site
plan time extension for a site plan approval granted on November 16,
2004 from November 16, 2005 to November 16, 2006.
Commissioner Ensler wished to know why the Community Redevelopment Agency had denied
this item.
Lisa Bright, Community Redevelopment Agency Director, replied the majority of the Board felt
the project did not meet architectural guidelines and was not in concert with the new urban
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City Commission
Boynton Beach, Florida
February 7, 2006
design overlay guidelines. The Board felt there was plenty of time for the applicant to present
better elevations.
Mike Rumpf, Planning and Zoning Director, clarified since site plan approval for this project, the
City had introduced Ordinance 05-029 containing urban overlay regulations. The ordinance was
formulated to reduce setbacks and move parking to the rear on projects done under C-3 and C-
2 zoning districts guidelines, to provide some conformity with mixed-use districts.
Commissioner Ensler asked whether the proposed project would be compatible with
surrounding developments if the applicant were required to conform to the guidelines of the
new ordinance. Mr. Rumpf responded this was a very active redevelopment area and the
storage facility to the south would be redeveloped and the shopping center to the north would
most likely be redeveloped. He also commented there would be several developments to the
south of the proposed project that would be developed according to the new guidelines.
Commissioner McCray noted this question could have been answered at the Agenda Preview
meeting except there was no representative from the Community Redevelopment Agency. Ms.
Bright apologized, explaining she had been sick and they had not yet appointed an Assistant
Director.
Hany Edward, 2657 N.W. 29th Avenue, declared he was trying to build a medical office
building. Since he did not have a lot of experience as a contractor or builder, the bank required
50% of the units to be sold or leased up front as a condition of financing. He had some doctors
now who were very interested and contracts were pending. The Community Redevelopment
Agency Board denied the project twice. The first time the denial was for four reasons, three of
which he had been able to rectify. He met the Board halfway on the last sticking point. The
Board wanted the building moved to the north of the property line to give five feet on the south
border as landscaping. The property is very narrow, only 100 feet in width of Federal Highway
frontage. When five feet is taken away for landscaping, the building is very narrow, especially
on the first floor, which would be about 20 feet wide. This is unacceptable for an office facility.
He was not certain why the Community Redevelopment denied his request a second time. The
Commission approved the project last year, but for financial reasons, he was applying for an
extension of the site plan approval. He hoped the Commission would approve his request for
site plan time extension.
Commissioner Ensler verified with Mr. Rumpf that Planning & Zoning was still recommending
approval of the extension.
Motion
Commissioner Ferguson moved to grant a site plan approval time extension for Edward Medical
Offices to December 31, 2006. Commissioner Ensler seconded the motion that passed 4-0.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Approve settlement from continuing negotiations in the amount of $22,000 in the
case of Rubin & Ana Frias vs. the City of Boynton Beach.
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
Motion
Commissioner Ferguson moved to approve settlement in case of Rubin & Ana Frias vs. the City
of Boynton Beach. Commissioner McCray seconded the motion that passed 4-0.
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
A.
Project:
Agent:
Owner:
Location:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Descri ption:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Ave., approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88-acre site zoned M-1, Industrial. (Tabled
to 2/21/05)
Little Achiever Learning Center (HTEX 06-001)
Dave Beasley
Stewart Davis
Northwest corner of Northeast 11th Ave. and Railroad Ave.
Request for Height Exception approval to allow the proposed
decorative cupolas on the roof of a one (1) story building at a
height of 33 feet, eight (8) feet above the maximum height limit
of 25 feet for a daycare use within the single-family and two-
family residential (R-2) zoning district. (Plans undergoing
revision causing meeting postponement. Project to be
pulled and re-advertised.)
Little Achiever Learning Center (COUS 04-007)
Dave Beasley
Stewart Davis
Northwest corner of Northeast 11th Ave. and Railroad Ave.
Request for conditional use/new site plan approval for the
construction of a 6,097 square foot daycare and related site
improvements on a 37,391 square foot parcel in the single family
and two family residential (R-2) zoning district. (Plans
undergoing revision causing meeting postponement.
Project to be pulled and re-advertised.)
Mayor Taylor announced all three public hearing items had been postponed.
IX. CITY MANAGER'S REPORT:
A. Report by Michele Mellgren, Planning Consultant, on the M-1 Zoning Study.
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City Commission
Boynton Beach, Florida
February 7, 2006
Michele Mellgren, principal of Michele Mellgren &. Associates with offices located at
6555 Nova Drive in Davie Florida, reviewed her report on the M-1 Zoning Study. She
displayed a PowerPoint presentation, a copy of which is on file in the City Clerk's office.
The purpose of the study was to: 1) evaluate existing M-1 zoned areas of land use
incompatibilities with adjacent rights of way or zoning districts; 2) determine if specific M-1
areas should be modified in size; and 3) recommend amendments to existing regulations to
mitigate impacts.
Ms. Mellgren identified the M-1 areas in the City and analyzed existing conditions as to physical
and aesthetic effects. She then analyzed existing regulations in the City's Zoning Code and
finally, formulated recommendations based on her findings.
There were six M-1 zoning districts, all located proximate to the railroads. Two were located on
the east side by Federal Highway and the other four west of Interstate 1-95.
Ms. Mellgren analyzed whether the edges of the M-1 district and the uses therein were
compatible with what was adjacent to it. She looked at the effectiveness of setbacks, the
adequacy of screening, and the impacts of M-1 generated traffic. She also analyzed aesthetic
impacts such as signage, adequacy of landscaping, building appearance and orientation.
In regard to compatibility, Ms. Mellgren found mixed results. In her estimation, every area
studied failed to meet the aesthetic components in order to be visually compatible with its
surroundings.
Ms. Mellgren found there was only about 4.7% of all land within the City having industrial uses
and zoning. Also, most M-1 zoned areas are adjacent to and impact residential areas. All M-1
zoned areas have negative visual impacts. The City's Code was slanted towards "Light
Ind ustria I."
Ms. Mellgren determined light industrial and residential uses could coexist with proper
regulations in place. Flex space was the most demanded use and it was not accommodated in
the City's Code. A 45-foot height limit was atypical and incompatible with residential. The Code
contains inconsistencies regarding nonconformities.
The study contained the following recommendations: 1) Preserve existing industrial zoning; 2)
Expand potential for additional industrial types of uses; 3) Address compatibility issues; 4)
Address visual impacts; 5) Amend Code to provide consistency among non-conforming sections;
6) Update all M-1 standards for clarity and consistency; 7) Amend Code to clarify that
development features can trigger non-conformance enforcement measures; 8) Amend Code to
expand signage non-conformities to include sign type, location and color, in addition to size and
setback; 9) Consider regulations for amortizing out non-conformities.
Commissioner McCray inquired the specific locations of the five M-1 zoning areas. Mr. Rumpf
noted the first is north of Boynton Beach Boulevard in the Heart of Boynton west of the F.E.C.
tracks. The second section is west of the F.E.C. tracks and north of Woolbright. The third is at
the northern edge of Quantum Park and High Ridge, west of 1-95 and north of Gateway. The
fourth is on the north side of Boynton Beach Boulevard paralleling 1-95 with a residential area
13
Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
to the west. The last one is on the east side of Congress Avenue opposite Hunters' Run and the
Racquet Center.
City Manager Bressner asked if there were any communities she knew of who had the
necessary setbacks, buffering, and other desired features to serve as a good example for the
City of Boynton Beach. Ms. Mellgren offered to relay that information to Mr. Rumpf.
Commissioner Ensler was impressed by the report. The Commission had been talking for some
time about making some changes to its zoning regulations, but could not seem to find time to
do it. He asked if Ms. Mellgren could undertake the task of coming up with modifications to the
City's Code. Ms. Mellgren responded she could, if it were the desire of the City. She thought
she could have recommendations in 90 to 120 days.
Mr. Rumpf noted this would not be the entire Land Development Regulations, but would
address the specific M-1 recommendations pointed out by Ms. Mellgren.
In response to a question, Ms. Mellgren clarified flex space was an area that could be used for
an office in front and a loading dock on the back, for example. It was cheaper to build out and
cheaper to rent because it was not Class A office space. It could be great looking with the right
setback and landscape requirements. The real estate industry could not get enough of it.
Commissioner Ferguson referred to a report by the Inter-government Group dated January 23,
2006, which had a complete report on industrial land. It had municipal developable industrial
land by municipality and showed Boynton Beach as having 46.02 acres of available industrial
land. It also showed 1-5 acres in comparison with other cities in Palm Beach County. He
thought it was a good corollary to Ms. Mellgren's report. It also pointed out industrial land took
up about 1/3 the cost of residential land to a City.
By consensus the Commission requested a proposal from Ms. Mellgren to incorporate some of
her study recommendations in the City's Code.
City Attorney Cherof offered to discuss with the Finance Director to see if competitive bidding
procedures had to be followed.
x. FUTURE AGENDA ITEMS:
A. Development of performance criteria for City Manager's Evaluation - 2/21/06
B. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies - 2/28/06
C. 2005 Hurricane After-action Report and Recommendations - 2/28/06
D. Capital Improvement Budget Review - 2/28/06
E. Report from the Pension Consultant - 2/28/06
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
F. Amend the Parks Dedication Code ordinance to modify the review time line -
March 2006
G. Regulations on Improper Weapons Use - March 2006
H. Update on City's position on minority contracts - 3/21/06
I. Ordinance on Adult Entertainment - 3/21/06
J. Requirement for underground utility lines for all new development - April 2006
K. Cellular 911 Dispatch - May 2006
XI. NEW BUSINESS:
1. Authorize contract for continuation of field repair with Sports Turf One,
Inc. and Carlson Fencing, Inc. for Field 1 at Little League Park
City Manager Bressner explained Extreme Makeover Home Edition was not renovating every
problem in Little League Park resulting from the hurricanes. In order to open the Park for the
spring season on March 1, Field 1 still needed renovating. Sports Turf One and Carlson Fencing
were already on site, which would be a savings of time and mobilization costs. The cost for
removal of sod, laser leveling of the field, replacement of sod and renovation of the irrigation
system would be $95,557.00. The cost for fence replacement would be $48,070.00. The total
cost for the project would be $143,627, at least 50% of which might be recovered from the
Federal Emergency Management Association.
City Manager Bressner commented Risk Management felt a laser survey to gUide the grading
and installation of sod and the infield would be a prudent measure to lessen risk. The laser
approach also set grades for the area and prOVided a better means of maintenance. If the
renovations were not approved, Field 1 would not be playable for the 2006 spring season. None
of this would have been possible if Extreme Makeover Home Edition had not come in to assist.
Commissioner Ferguson favored moving ahead with the $95,557 expenditure and getting
additional quotes for fencing.
Jody Rivers, Parks Superintendent, responded fence companies had been contacted and could
not respond before the start of the spring season. They could not play baseball without a fence.
Commissioner McCray commented when the project was first presented, it had a price tag of
over $lM. For the City to have Extreme Makeover Home Edition come in and makeover the ball
fields was a real blessing. That area was a gateway to the City and he was totally in favor of
completing the project and moving on to other, larger things in the City. This was about the
children. Others concurred. Mayor Taylor added the contractors had given up time from their
regular jobs to do this project and if the money had to be spent, it should be spent with the
contractors who gave up personal gain to do the work for the City.
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Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
Motion
Commissioner Ensler moved to approve contracts for the continuation of field repair with
SportsTurf One, Inc. and Carlson Fencing, Inc. for Field 1 at Little League Park. Commissioner
McCray seconded the motion.
City Attorney Cherof commented this would constitute a deviation from the City's regular
competitive bidding process. They needed to include a finding that the situation was
extraordinary and they were waiving the regular bidding requirements.
Commissioners Ensler and McCray agreed to insert this language into their motion.
The motion passed 4-0.
Mayor Taylor asked the record show, "We hit a home run!"
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1.
Proposed Ordinance No. 06-013
quasi-judicial items on agenda.
RE:
Placement of
Attorney Cherof read Proposed Ordinance 06-013 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-013. Commissioner
McCray seconded the motion.
Mayor Taylor opened the floor for public comment, closing it when no one came forward to
speak.
Vote
Deputy City Clerk Pyle called the roll. The motion passed 4-0.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-014 RE: Amending the
Land Development Regulations of the City of Boynton Beach, revising
Chapter 4, "Site Plans" Section 5 to proVide for right of the City
Commission to require modifications to an approved site plan when a
request for extension has been requested.
Attorney Cherof read Proposed Ordinance 06-014 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-014. Commissioner
Ferguson seconded the motion.
16
Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
Vote
Deputy City Clerk Pyle called the roll. The motion passed 4-0.
2. Proposed Ordinance No. 06-015 RE: Amending
Section 9-24(a) of the Code of Ordinances concerning fire fighter air
systems in high rise buildings; limiting application of regulations to
buildings higher than seventy-five (75) feet.
Attorney Cherof read Proposed Ordinance No. 06-015 by title only.
Commissioner McCray asked how high-rise buildings were defined. Attorney Cherof said it was
the Life Safety Code defined it as being a building greater than 75 feet in height when the
building height is measured from the lowest level of Fire Department vehicle access to the floor
of the highest story capable of being occupied.
Commissioner Ensler confirmed the six-story buildings would not require the air rescue systems.
Attorney Cherof responded it eliminated the reference to stories and adjusted it by feet.
Motion
Commissioner Ensler moved to approve Proposed Ordinance 06-015. Commissioner Ferguson
seconded the motion.
Vote
Deputy City Clerk Pyle called the roll. The motion passed 4-0.
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT
With no other matters to come before the Commission, Mayor Taylor adjourned the meeting at
8:07 p.m.
17
Meeting Minutes
City Commission
Boynton Beach, Florida
February 7, 2006
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