Minutes 08-12-15MINUTES OF THE SPECIAL PLANNING AND DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
ON WEDNESDAY, AUGUST 12, 2015, AT 7 P.M.
PRESENT:
David Katz, Chair
Ryan Wheeler, Vice Chair
James Brake
Brian Miller
Trevor Rosecrans
Nicholas Skarecki
ABSENT:
Stephen Palermo
Kevin Fischer, Alternate
CALL TO ORDER
James Cherof, City Attorney
David Katz, Chair, called the Special Meeting of the Planning and Development Board
to order.
1. Pledge of Allegiance
Mr. Rosecrans led reciting the Pledge of Allegiance to the Flag
2. Roll CaII
Roll call revealed a quorum was present as noted above.
3. Agenda Approval
Mr. Brake moved to approve the agenda. Mr. Skarecki seconded the motion that
passed unanimously.
4. Approval of Minutes (None)
5. Communications and Announcements: Report from Staff
Andrew Mack, Interim Development Director and City Engineer, introduced himself to
the Board. He was 12 days on the job. There was no report from staff.
1
MEETING MINUTES
SPECIAL PLANNING AND DEVELOMENT BOARD
BOYNTON BEACH, FL August 12, 2015
6. New Business
Chair Katz disclosed he would recuse himself from the vote and would turn the meeting
over to Vice Chair Wheeler. Mr. Katz has been very involved in the generation of the
Ordinance to be discussed. He had met with staff, the business owner and spoken to
spoke in front of members of the Commission on the issue.
(The gavel was passed to Ryan Wheeler, Vice Chair)
A. Landscape Debris Stockpiling (CDRV 15-004) - Approve amendment to
Land Development Regulations (LDR) Chapter 1, Article II (Definitions),
and Chapter 3, Article IV, Section 3.D (Zoning Matrix and Notes) to
establish a new use -- Landscape Debris Stockpiling, including the zoning
district where such use is allowed (M-1); and corresponding approval
processes, and site, use and operational restrictions and standards.
Applicant: City-initiated
Mr. Mack gave a brief background that the property owner had approached the
Commission and staff to write regulations. The current use is not allowed in the Code.
At the direction of the Commission, some language was proposed to allow the use. The
Ordinance was before the Commission on first reading on August 4th. The current
request includes the staff report and a copy of the first draft ordinance approved by the
Commission.
Mr. Miller requested further clarification from staff. Mr. Mack pointed out there are
landscapers stockpiling their commercial landscaping debris on site. It is then used as
a station to stockpile to then haul it away. One of the sites uses the debris to generate
char or re-char and mulch. The current Code does not allow the use. The property
owner had approached the Commission requesting the use be allowed.
Typically, a study is done and a trial period is established. Due to the potential for loss
of jobs and revenue, the Commissioners directed to move an Ordinance forward.
Attorney Cherof advised the Ordinance should be approached from the perspective for
all M-1 zoning districts. There was one property that acted as the stimulus, but it is not
site specific, rather all M-1 zoning district properties.
Mr. Rosecrans inquired if there was any regulation to regulate odor. Mr. Mack replied
there was not, as it is outlined in the Ordinance. Mr. Rosecrans inquired if there were
penalties for leeching or stormwater entering into the City system. Mr. Mack responded
there are no penalties in the Ordinance. If the business does not contain their runoff on
site, their Business Tax Receipt could be revoked or their Certificate of Use revoked.
It is a pilot program. Typically, staff would study the situation for a longer period of time.
2
MEETING MINUTES
SPECIAL PLANNING AND DEVELOMENT BOARD
BOYNTON BEACH, FL August 12, 2015
Because of the necessity of one site, consideration was extended to the owner. The
City Attorney did draft the language with staff, the owner and the State to develop the
appropriate priorities. It gives staff an opportunity to monitor the site and make any
adjustments needed over the next 18 months.
Mr. Brake inquired about the location of other M-1 zoning districts. Mr. Mack indicated
there are areas off Industrial Way, another off Congress on 33cd 30th and down Bear
Read Railroad Avenue is the majority of M-1. Mr. Brake asked if this would be a
permissible use or a requested use. Mr. Mack advised, after being adopted on August
18th, the owner would have to apply for a Business Tax Receipt and a Certificate of Use
and comply with all the regulations. There would need to be documentation that the
business was operating for 36 months prior to requesting a Business Tax Receipt. The
regulations set the parameters. Attorney Cherof interjected each site would have to
seek conditional use approval.
Mr. Skarecki asked if permission had to be given first. Mr. Mack explained if the
business owner can document they have been at the site for 36 months, the operation
can continue with compliance of all other regulations. A conditional use would have to
be sought within 18 months or cease the business operation. The Ordinance gives the
property owner time to get a Business Tax Receipt and Certificate of Use to be
compliant at this time. Then 18 months is allowed to get a conditional use approval to
be a permanent business until the program sunsets or the regulations are codified.
Mr. Brake asked if this was a separate Business Tax Receipt. Mr. Mack advised it
would be a new title for landscape stockpiling.
Mr. Rosecrans asked if the turning once a week would be sufficient. Mr. Mack advised
it was a requirement of the Fire Department. Attorney Cherof noted it was the Fire
Marshall's recommendation. The, concern of not turning the materials would be the
buildup of heat and combustions. There were also requirements for a sprinkler system.
Mr. Brake asked who would be in charge of enforcing the regulations and monitoring. It
could be multiple departments according to Mr. Mack. Engineering would look at one
aspect of it for site drainage; the Fire Department would have another aspect and Code
Enforcement would have an area of responsibility also.
Vice Chair Wheeler opened the issue for public hearing. No one came forward.
Motion
Mr. Miller moved for approval of the amendment to the LDR. Mr. Brake seconded the
motion. The motion carried unanimously.
•
3
MEETING MINUTES
SPECIAL PLANNING AND DEVELOMENT BOARD
BOYNTON BEACH, FL
August 12, 2015
7. Other
None
8. Comments by members
None
9. Adjournment
Mr. Miller moved for adjournment and Mr. Brake seconded the motion that passed
unanimously.
Vice Chair Wheeler adjourned the meeting at 7:11 p.m.
udith A. Pyle, CM
Deputy City Clerk
4
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY POSITION IS:
0 ELECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from votingeri a measure 'which
inures to his or her special private gain or Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a rela(ive; or
to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in thaf
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, f er- iA3la,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying oGt16 bu_ s
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of thgorpn
are not listed on any national or regional stock exchange). r — m
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PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measurrQn ou
are abstaining from voting; and
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
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TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
I, A\I 117' _A, )6\-1-- Z . , hereby disclose that on
(a) A •• easure came or will come before my agency which (check one)
inu d to my special private gain or loss
inured • the special gain or to : • my business associate,
Date Filed
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
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inured to th pecial • = or Toss of my relative,
inured to the s• - 'al gain or loss of
whom I _ retained;
in -d to the special gain • loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
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