Loading...
Minutes 10-16-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 16, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Greg Fitch, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:31 p.m. Greg Fitch, Police Chaplain, gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Mack McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof reminded Mayor Taylor that the two public hearing items, Makrista Baby and 2514 SW 12th Street variance were being tabled to November 13, 2007. Also the discussion relating to annexation of the balance of Gulfstream Gardens into the CRA was being postponed until November 20, 2007. 2. Adoption Motion Commissioner McCray moved to adopt the agenda. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor advised Commissioner McKoy was in Atlanta due to his mother's illness and could not attend the meeting. II. OTHER: A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Mayor Taylor noted he had attended the ribbon cutting ceremony for the opening of Total Wine on Congress Avenue. The business had donated $5,000 to the Community Caring Center and $5,000 to the Women's Circle to show their commitment to the community. Vice Mayor Rodriguez announced on October 18th at 1:30 p.m. at the Hester Center, a youth empowerment meeting would be held to support the Youth Violence Prevention Program with representatives from all the participating municipalities. He invited anyone to attend to ask questions or gather information. Commissioner McCray inquired if any youth would be attending as it was a school day. Vice Mayor Rodriguez responded it was a regular meeting of the Criminal Justice Commission with all municipalities. A teen council had been established within the City of Boynton Beach that has monthly meetings and continues to solicit other teens to participate. Tremendous feedback had been received from the youth regarding the youth empowerment center. Commissioner McCray requested copies of the meeting minutes that reflect the comments of youth from District II. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Due to the election on November 6th, the November 7, 2007 City Commission meeting has been postponed to Tuesday, November 13th. The Agenda Preview meeting will be held on November 9, 2007 at 9 a.m. Mayor Taylor announced the next City Commission meeting would be held on Tuesday, November 13th with the agenda preview meeting to be held on November 9th at 9 a.m. Commissioner McCray inquired if the outgoing Commissioners should attend the agenda preview meeting. Mayor Taylor indicated there was no requirement, but a quorum would be needed to hold the meeting. Commissioner Weiland advised he would attend the meeting regardless of the election results, to ensure a quorum would be in attendance. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Hospice of Palm Beach County 30th Anniversary - November 2007 Mayor Taylor read the proclamation for the Hospice of Palm Beach County 30th Anniversary being celebrated during the month of November, 2007. b. City of Boynton Beach General Election - November 6, 2007 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Mayor Taylor proclaimed November 6, 2007 as the City of Boynton Beach General Election for three Commission Districts and advised copies of the specific precincts and polling places would be available in the City Clerk's office. c. Respiratory Care Week - October 21-27, 2007 Several Respiratory Therapists from Bethesda Hospital were present to receive the proclamation for respiratory care week being held October 21 - 27, 2007 and distributed pamphlets describing the need for the work of a respiratory therapist. Mayor Taylor expressed his appreciation for the work of the therapists. 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> Sherry Johnson, Director of the Community Caring Center, 145 NE 4th Avenue, thanked the Commission for helping to open the green market together with a pumpkin patch to kick off the Center's 20th anniversary. She complimented the staff of the City of Boynton Beach for their assistance in establishing the event. Ms. Johnson invited everyone to attend the pumpkin patch to be held in front of the Schoolhouse Museum on Ocean Avenue starting October 18th through the 31st opening daily at 10 a.m. to 7 p.m. David Katz, 67 Midwood Lane, thanked the City of Boynton Beach for the work done repaving Meadows Boulevard and complimented Jeff Livergood for using an innovative microsurfacing product saving the taxpayers dollars and extending the life of the pavement. Commissioner McCray questioned how mu.ch money had been saved. Jeff Livergood, Director of Public Works and Engineering advised the cost is approximately 1/3 of the cost of asphalt. He would provide the figures to Commissioner McCray. Carol Mahoney, 737 SW 1st Avenue, had remarks for Commissioners McCray and McKoy. It was decided the remarks could be made at the next meeting when Commissioner McKoy would also be present. Matt Burger, 221 SW 6th Street, was confused how a Commissioner comes to terms with a vote. He questioned Vice Mayor Rodriguez's process in deciding how he would vote. Attorney Cherof interceded and noted the protocol of the public audience portion of the meeting is the public's opportunity to speak and express their point of view. It was not a question and answer session or a debate. He requested Mr. Burger make his point within three minutes. Mr. Burger thanked Vice Mayor Rodriguez for voting to protect the citizens and safety of the people he represents. He could not understand how anyone else could come to any other conclusion. 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Jonah Tennant, 653 SW 4th Avenue, questioned if there was a salary for the head of the CRA board and if any other Commissioner received dual salaries. Mayor Taylor responded there were none. Mr. Tennant also requested clarification of the function of the Community Redevelopment Agency board. Attorney Cherof advised he would be happy to address Mr. Tennant's concern through a phone call to his office the next day. Victor Norfus,162 N. Palm Drive, approached the podium to speak. Mayor Taylor advised Mr. Norfus campaign materials were not permitted in the Chambers. Mr. Norfus readdressed the Commission regarding an incident last Christmas Eve. He emphasized his intent was to recommend some sort of positive youth activity be planned in the same time frame this year. Commissioner McCray agreed the previous event should not be rekindled. He felt it was best to leave it alone and not bring it up again. Vice Mayor Rodriguez noted the youth violence program was about prevention and counseling kids and not honoring a murder that took place a year ago. Mayor Taylor added the spirit of the season is peace on earth, goodwill to men. Sunny Garcia, 1631 NW 3rd Lane, thanked the Commission for their support of the PAL (Police Athletic League) programs and hoped it would continue. Many of the teams had competed successfully and put the City of Boynton Beach on the map. Herb Suss, 1711 Wood Fern, pointed out questions could be asked by the public and the replies would be sent at a later time. Mr. Suss then read Certificates of Appreciation to Commissioner McCray and Commission McKoy for their outstanding service, dedication and integrity as Commissioners of the City of Boynton Beach. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept the resignation of Matthew Barnes as an alternate member of the Arts Commission. Motion Commissioner McCray moved to accept the resignation of Matthew Barnes. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Appointments Appointment To Be Made Board Length of Term Expiration Date II III IV McCray Rodriguez McKoy Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Alt Alt 33 mo term to 12/09 Tabled (3) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 II McCray Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 III Rodriguez Code Compliance Board I Weiland Community Relations Board II McCray Community Relations Board I Weiland Education & Youth Advisory Board II McCray Education & Youth Advisory Board III Rodriguez Education & Youth Advisory Board IV McKoy Education & Youth Advisory Board Mayor Taylor Education & Youth Advisory Board III Rodriguez Recreation & Parks Board III Rodriguez Veterans Advisory Commission Mayor Taylor Veterans Advisory Commission Motion Alt 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) Alt Alt Reg Alt Alt Stu Stu N/V Alt 21 mo term to 12/07 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) Alt Alt Commissioner McCray moved to table all appointments. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 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 - September 28, 2007 2. Regular City Commission - October 2, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve a Custodial Services Agreement with RESPECT of Florida for the East Water Treatment Plant in the amount of $17,438.46 and the Utilities Administration Building in the amount of $28,303.41 for a total annual expenditure of $45,741.87. (Proposed Resolution No. R07-121} 2. Approve a piggyback on the United States Coast Guard (U.S.c.G.) contract HSCG84-07-R-100001 with Clean Harbors Environmental Services, Inc. for various services that may be needed in the event of a major weather event, disaster, or large utility system failure on an "As Needed Basis". (Proposed Resolution No. R07-122) C. Resolutions 1. Proposed Resolution No. R07-123 Re: Approving revision of Fire Rescue Advanced Life Support ambulance transport fees. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 2. Proposed Resolution No. R07-124 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Officers/Detectives. Commissioner McCray pulled Item VI.C.2 for discussion. 3. Proposed Resolution No. R07-125 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Sergeants. Commissioner McCray pulled Item VI.C.3 for discussion. 4. Proposed Resolution No. R07-126 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Lieutenants. Commissioner McCray pulled Item VI.CA for discussion. 5. Proposed Resolution No. R07-127 Re: Authorizing the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the Holiday Parade. Motion Commissioner McCray moved to approve the Consent Agenda items as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.2. Proposed Resolution No. R07-124 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Officers/Detectives. VI.C.3. Proposed Resolution No. R07-125 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Sergeants. VI.CA. Proposed Resolution No. R07-126 Re: Approving the Collective Bargaining Agreement with Palm Beach County Benevolent Association for Police Lieutenants. Commissioner McCray mentioned he had watched the Police Department grow and do a fantastic job. He felt all the officers deserved an increase for the outstanding service they performed. He supported the Police Department totally and would continue to support their efforts. Mayor Taylor noted the bargaining units had voted to approve and accept the proposals. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Chief Matt Immler thanked the Commission for their kind remarks and the support of the entire Commission. Toby Athol thanked the Commission for their hard work negotiating the contracts and offered the continued best efforts of the entire police force in the future. Vice Mayor Rodriguez also thanked the Police Department for their professionalism during the negotiations, especially Chief Immler's role. Motion Commissioner McCray moved to approve Items VI.C.2, VI.C.3 and VI.C.4. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None 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: Descri ption: Motion Makrista Baby (ADAP 07-002) Michael S. Weiner, Weiner & Aronson, P.A. Request for appeal of the administrative determination that the subject use, Makrista Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within the C-1 Office and Professional Commercial Zoning District. (Applicant requested postponement to November 1.3, 2007) Commissioner McCray moved to postpone Item VIII.1 until November 13,2007. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Project: Agent: Owners: Location: Description: 2514 SW 12th Street (Brisson) (ZNCV 07-006) Mark and HolIi Brisson Mark and HolIi Brisson 2514 SW 12th Street Request for relief from the Land Development Regulations, Chapter 2. Zoning, Section 11. E. Swimming Pools, requiring a minimum rear setback of 8 feet from the property line for the construction of a swimming pool, to allow a rear setback of 2 feet; a variance of 6 feet within the R-1-AA single-family residential zoning district. (Postponed to. the October 23, 2007 Planning and Development Board meeting, per request from the applicant.) Request tabling until November 1.3, 2007 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Motion Commissioner McCray moved to table Item VIII.B to November 13, 2007. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January 2008 B. Discuss Possible Funding for Board Recognition Dinner - December 2007 C. American Assembly Implementation Status Report - December 2007 XI. NEW BUSINESS: A Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (Postponed at request of applicant to November 20, 2007.) Motion Commissioner McCray moved to postpone Item XI.A. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. B. City Manager's Evaluation (Proposed Resolution No. R07-128) (Commissioner McCray left the dais.) Commissioner Weiland did not comment on the evaluation itself, but questioned the cost of the increase in the term life insurance. Mr. Bressner advised it was term insurance and the increase in cost would be modest. Commissioner Weiland remarked he felt Mr. Bressner had done an outstanding job. Mr. Bressner suggested eliminating the increase in the term life insurance. Vice Mayor Rodriguez noted term insurance was very inexpensive. (Commissioner McCray Ireturned to the dais.) Mayor Taylor commented, in his opinion, the City Manager did an outstanding job based on his performance throughout the entire year and accomplished his responsibilities. He contended the City was very fortunate to have a City Manager of such a high caliber. Mayor Taylor was surprised to find he was the second lowest paid City Manager among the cities that were contacted. The City Manager's last increase had been in October, 2005. Mayor Taylor felt the salary should reflect he is City Manager of the third most populated City in the County. In light of the increase, Mayor Taylor did not feel the life insurance should be increased over and above 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 the current $50,000 level. He was concerned a precedent would be set for increases in life insurance for other positions. Commissioner McCray commented he had given Mr. Bressner the toughest and roughest evaluation based on his contention that the City Manager was too political at times and should defer the politics to the Commission. He further indicated Mr. Bressner had a caring personality and was a dynamic person. Commissioner McCray agreed with the salary increase but was not in favor of the increase in life insurance. He thanked Mr. Bressner for his efforts and accomplishments. Vice Mayor Rodriguez noted his evaluation was based on only his one year in office. He felt Mr. Bressner was very smart managing the City and a key player in the State on the tax issue. He also mentioned there have been many political challel:lges and commended Mr. Bressner on his handling of those difficult situations. Vice Mayor Rodriguez supported not only the salary increase, but also the increase in life insurance as the cost would be nominal. Mayor Taylor reviewed the salary increases based on a 3% increase each year plus a market adjustment and suggested a salary of $165,000 effective October 1, 2007 would be appropriate. Commissioner Weiland pointed out the City Manager had not gotten an increase last year and was not requesting any retroactive pay at this time. Mr. Bressner requested the payroll records reflect a salary progression based on performance and a separate market adjustment, but not retroactive pay. He stressed he was the second lowest paid City Manager and Boynton Beach was the third largest City in the County with more complex issues. He wanted to make it very clear the comparison of salaries is based on the actions of other City officials and not reflective of the City of Boynton Beach Commission. Motion Commissioner Weiland moved to increase the City Manager's salary from $147,700 to $165,000 effective October 1, 2007 and delete the term life insurance increase, maintaining the $50,000 coverage. Commissioner McCray seconded the motion. The motion passed 3-1. (Vice Mayor Rodriguez dissenting.) Vice Mayor Rodriguez clarified he was not opposed to the salary increase, but did oppose not increasing the term life insurance. Mr. Bressner thanked the Commission. XII. LEGAL: A. Ordinances - 2nd Reading - pevelopment - PUBLIC HEARING 1. Proposed Ordinance No. 07-029 RE: Approving the abandonment of a portion of Railroad Avenue right-of-way approximately 30 feet wide by 484 feet long. (Railroad Avenue ABAN 07-005) Attorney Cherof read Proposed Ordinance No. 07-029 by title only on second reading. 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed. the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-029. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-030 RE: Approving the abandonment of the west one-half of SE 4th Avenue right-of-way located east of Railroad Avenue, approximately 20 feet wide by 122 feet long. (SE 4th Avenue ABAN 07-004) Attorney Cherof read Proposed Ordinance No. 07-030 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-030. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 3. Proposed Ordinanc::e No. 07-031 RE: Amending Chapter IV Site Plan Review of the City's Land Development Regulations specifying the circumstances wherein Conditions of Approval on a given site plan pertaining to "Unity of Title" may be released. Attorney Cherof read Proposed Ordinance No. 07-031 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-031. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING 1. Proposed Ordinance No. 07-032 RE: Amending Chapter 23 of the Code of Ordinances of the City of Boynton Beach by adding a new division 4 to impose a ten (10%) percent utility tax on the purchase of water service within the City. Attorney Cherof read Proposed Ordinance No. 07-032 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Vice Mayor Rodriguez inquired if an anticipated dollar amount had been determined. Mr. Bressner responded $450,000 the first year after a six month notification process and then $900,000 to $950,000 thereafter. He also explained the utility fund currently has $47M. The reserve fund contains approximately $7M and the general fund reserve contains $24M for four months' operating expenses. Vice Mayor Rodriguez noted he opposed the tax increase. If the increase did not pass, the general fund revenues would decrease by $450,000 the first year. It would also bring the budget out of balance. On a cash basis, the reserves could be used to balance the budget. In order to deal with the budget as adopted, on a cash basis, the funds were needed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-032. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 3-1. (Vice Mayor Rodriguez dissenting) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-033 RE: Amending the City Of Boynton Beach Code Of Ordinances, Chapter 2.5, "Alarm Systems," to update the Code and for tracking false alarms. Attorney Cherof read Proposed Ordinance No. 07-033 by title only on first reading. Vice Mayor Rodriguez suggested the need for a clear, concise definition of a false alarm. Scott Blasie, Code Compliance Administrator, mentioned the goal was to track the violations on a fiscal year basis for higher efficiency. Attorney Cherof suggested additional information be provided before second reading relating to the history of actual alarm violations. Chief Immler added there is officer discretion involved in making a false alarm report. Commissioner McCray agreed a more definite explanation of false alarm would be helpful. Mr. Blasie advised the revision would clarify the criteria for waiving a citation based on submittal of a work order from the alarm company if it is a mechanical malfunction. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Commissioner McCray was comfortable with the language as submitted. Vice Mayor Rodriguez felt the language could be improved. Mayor Taylor suggested the language could be reviewed before the second reading. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-033 as is with definitions. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-034 RE: Amending Chapter 26, "Water, Sewers and City Utilities", Amending Section 26-34, "Capital Facilities Charges and Connection Charges", Paragraph (A), "Capital Facilities Charge Imposed", to exempt outdoor restaurant seating from the payment of water and sewer capital facilities charges. Attorney Cherof read Proposed Ordinance No. 07-034 by title only on first reading. Vice Mayor Rodriguez inquired if the regulations were confined to the CRA district or City-wide. Mayor Taylor understood the direction had been that it be applied City-wide. Vice Mayor Rodriguez suggested the CRA reimburse the City for the lost tax revenue. Mr. Bressner advised it would have to be a policy decision from the Commission. The figures were based on an estimate by staff of 973 possible seats if all establishments had outdoor seating. Vice Mayor Rodriguez estimated the revenue would be $8,000 to $10,000 per year. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-034 with the request that it be taken back to the CRA board to compensate the City of Boynton Beach for the loss of revenue for the five years of $46,806. Mayor Taylor did not agree with the CRA compensating the City. It didn't matter who brought the matter forward, it was the goal of everyone to bring people to Boynton Beach to frequent the businesses and enjoy the City. Commissioner McCray concurred. Vice Mayor Rodriguez pointed out the CRA had a budget surplus while the City was struggling to balance its budget due to tax cuts. Mayor Taylor declared the motion died for lack of a second. 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-034 with the condition the CRA reimburse the City just for the City portion. Mayor Taylor thought it was a policy decision for the entire City. Vice Mayor Rodriguez agreed with the request; however, reimbursement was the issue. Mayor Taylor declared the motion died for lack of a second. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-034 as written. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:42 p.m. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2007 Y'n.~ AlTEST: 14 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA I Devolopment paz Building EngIneering Occ. License Deputy City Cler. PROJECT NAME: SE 4th Avenue Abandonment (ABAN 07-004) APPLICANT'S AGENT: Mr. Jeff Tomberg for 4th Street LLC 626 SE 4th Street, Boynton Beach, FL 33435 AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th Avenue LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicant t../" HAS HAS NOT 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 v<3RANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: IO-/~-07 p~ S:IPlanningISHARED\WPIPROJECTS\SE 4th S · Exhibit "A" - Location Map ABAN 07-004, ABAN 07-005 40 20 0 ~...- 40 80 120 160 I Feet I- W w 0::: ?- m J: I- "l:t W m N w4tE S Joseph M. Tucker, P.LS. EXHIBIT "B" BOUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT 219 S.E. 23rd AVENUE .. P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734;7546 PORTION OF RAILROAD A VENUE AND S.E. 4 TH. A VENUE TO BE ABANDONED A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS; THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, BLOCK "B " , (EXTENDED WESTERL Y);BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4, 5, AND 6, BLOCK "B", BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK 1 , PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOVv'N BY THE PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THA T PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF ,WAY LINE OF RAILROAD AVENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAY-BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. I HEREBY CERTIFY TIIAT THE DESCRIPTION AND mE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAP'IER 61 G176, FLORIDA ADMINISTRATIVE CODE, SETFORrH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA i . STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS mE . SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, P AT OR MAP IS FOR. INFORMATION PURPOSES O~ Y AND IS NOT VALID . BY: rI ';/. Y J0StpH . TUCKE DATE I os, 47 REGISTERED L SURVEYO NO. 3285 STATE OF FLORIDA .5. ~ef /0;:' 'Z LB 2102 . Joe Tucker . NOTE: rn:rs IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF 1BE DESCRlPTION SHOWN HEREON, TBERE HAS BEEN NO FIELD WORK VIEWING OF THE SUBJECT PROPERTY, ORMON1J1vfENTS SET IN CONNECTION. . WITH THE PREPARATION OF TIllS INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIIE SURVEYOR FOR RlGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD Phone: .'Boca (561) 391-4388 Boynton (561) 737-C546 FAX (561) 734.7546 JOSEPH M. TUCKER, P.LS. 219 S.E. 2310 Ave. . P.O. Box 759 Boynton Beach, FL 33435 EXHIBIT "C" Conditions of Approval Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th Avenue File Number: ABAN 07 -004 I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. All existing city utilities (water and wastewater conduits) must be relocated X ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or abandoned (and agreed to by the Utilities Department). 2. All utility services within this project shall be relocated at the applicant's X cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd A venue which has electrical service. 3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X be so designated on a required new boundary plat prior to the issuance of a Land Development permit for future development of the property. 4. As required after site plan approval, the proposed new development shall X generate and submit a boundary record plat (as a minimum) to reflect the area contained therein, the easements for utilities and storm drainage systems, the abandonment(s) of right-of-ways (after action by the City Commission via ordinances), L.A.E. 's, access location(s), etc. BUILDING DIVISION Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJ c\.." 1 PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: 5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X be installed along the northernmost ten-feet (10') of the current right-of-way of Southeast 4th Avenue, between Southeast 4th Street and westerly to the Florida East Coast Railroad right-of-way. 6. The above-mentioned ten-feet (10') shall be recorded and delivered to X Bellsouth Telecommunications, Inc. as a utility easement. 7. Should there be any relocation or adjustments of Bellsouth's facilities X associated with this project, those costs would be the responsibility of the property owner. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 8. Remove burned structure on adjacent property within 90 days from the date X of CRA action. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\SE 4'fH Street & RR ABAN\ABAN 07-004 SE 4l/l Ave\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~ DovelopL1(lil~ P&Z Building Engl neerlng Occ. LlcensEl Deputy City Clerk PROJECT NAME: Railroad Avenue Abandonment (ABAN 07-005) APPLICANT'S AGENT: Mr. Jeff Tomberg for 4th Street LLC 626 SE 4th Street, Boynton Beach, FL 33435 AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16. 2007 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot right-of-way of Railroad Avenue LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Appli~t 1./ HAS HAS NOT 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 App~nt's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: m. A City Clerk ~ DATED: 1{)-/~-07 S:\Planning\SHARED\WP\PROJECTS\SE 4th Str Exhibit "A" - Location Map ABAN 07-004, ABAN 07-005 40 20 0 r'\..'IIIIIl_ 40 80 120 160 I Feet I- W w 0::: I- en J: I- 'l:t W en N w4tE S Jo,eph M. Tucker, F'.LS. _EXHIBIT "B" BOUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT 219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734;7546 PORTION OF RAILROAD AVENUE AND S.E. 4 TH. A VENUE TO BE ABANDONED A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED BY THE PLA T SUNSET COURT, IN PLA T BOOK 11 , PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS; THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 3, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "B", BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLA T BOOK 1 , PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOVv'N BY THE PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF Piu.M BEACH COUNTY, FLORIDA. AND THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. :5 ~el- / 0 r ? LB 2102 . Joe Tucker I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN i ACCORDANCE WITH THE SURVEYlNG STANDARDS, CHAPTER 61 G 176, FLORIDA ADMINISTRATIVE CODE, SETFORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472;027, FLORIDA. STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE. SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, P AT OR MAP IS FOR INFORMATION PURPOSES O~ Y AND IS NOT VALID ':~ . NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF THE DESCRlPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION. , wrrn THE PREPARATION OF TIllS INFORMA.TION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIlE SURVEYOR FOR RIGHTS OF WAYS, EASEJ:v1ENTS OR RESERVATIONS OF RECORD Phone: -Boca (561) 391-4386 Boynlon(561) 737-6546 FAX (561) 734-7546 JOSEPH M. TUCKER, P.L.S. 219 S.E. 23rd Ave.. P.O. Box 759 BoyntOl1 Beach, FL 33435 EXHIBIT "C" Conditions of Approval Project Name: Abandonment ofa segment of the 30-foot right-of-way of Railroad Avenue File Number: ABAN 07-005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The abandonment of this 30-foot unimproved right-of-way (Railroad X A venue) shall be so designated on a required new boundary plat prior to the issuance of a Land Development permit for future development of the property. 2. As required after site plan approval, the proposed new development shall X generate and submit a boundary record plat (as a minimum) to reflect the area contained therein, the easements for utilities and storm drainage systems, the abandonment(s) of right-of-ways (after action by the City Commission via ordinances), L.A.E. 's, access location(s), etc. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: 3. Should there be any relocation or adjustments of Bellsouth's facilities X associated with this project, those costs would be the responsibility of the property owner. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL-CITY COMMISSION CONDITIONS Comments: To be determined. ~ S;\Planning\SHAREO\WP\PROJECTS\SE 4n-1 Street & RR ABAN\ABAN 07.005 RR Ave\COA.doc