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Minutes 09-06-00 MI'NUTES OF THE REGULAR CI'TY COMMI'SSTON MEETTNG HELD I'N COMMTSSTON CHAMBERS, CI'TY HALL, BOYNTON BEACH, FLORTDA ON WEDNESDAY, SEPTEMBER 6, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Charlie Fisher, Commissioner ABSENT William Sherman, Mayor Pro Tem Kurt Bressner, City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk :[. OPENZNGS: Call to Order - Mayor Gerald Broening Invocation - Pastor Dan Foster - Greater Grace Christian Fellowship Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher Mayor Broening called the meeting to order at 6:40 p.m. Tn the absence of Pastor Dan Foster, Mayor Broening ,gave the Invocation and thanked Fire Chief Bingham for providing the prayer. Commissioner Fisher led the Pledge of Allegiance to the Flag. D. TF YOU WZSH TO ADDRESS THE COMMZSSZON: · FZLL OUT THE APPROPRZATE REQUEST FORM · GZVE I'T TO THE CZTY CLERK (ON THE DAI'S) BEFORE "OPENZNGS" PORT]:ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME THE I'NDI'VIDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MTNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fisher requested the addition under Item [II. B. ("Presentations'J of an update on the school supplies drive. MEETING MTNUTES REGULAR CITY COI~IHTSSION BOYNTON BEACH, FLORIDA SEPTEI~IBER 6~ 2000 Commissioner Fisher requested that Item XI.C. (Resolution R00-124) under Legal, be moved up to be heard before IV. (Consent Agenda). 2. Adoption Commissioner Black moved to approve the agenda, as amended. Vice Mayor Weiland seconded the motion that carried unanimously. II. ADMTNISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV Black Children & Youth Advisory BoardAlt 1 yr term to 4/01 Mayor Broening Children & Youth Advisory BoardStu/Reg/Voting 1 yr term to 4/01 I Weiland Children & Youth Advisory BoardStu/Reg/NonVoting I yr term to 4/01 Mayor Broening Bldg. Board of Adjustment & AppealsAIt 1 yr term to 4/01 III Sherman Education Advisory Board Reg 2 yr term to 4/02 IV Fisher Education Advisory Board Alt 1 yr term to 4/01 Mayor Broening Education Advisory Board Alt i yr term to 4/01 II Black Education Advisory Board Reg 2 yr term to 4/02 Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/02 II Black Nuisance Abatement Board Alt i yr term to 4/01 Commissioner Black appointed Judith Braswell to the Education Advisory Board as a Regular Member and requested his other appointments be tabled. All other appointments were tabled. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Broening made the following announcements: 1. City Commission Workshop Meeting regarding CIP Projects - Thursday, September 7, 2000 @ 6:30 p.m. in the Library Joint City Commission/Chamber of Commerce Workshop Meeting - Monday, September 11, 2000 @ 6:30 p.m. in the Library MEE'I'ZNG MI'NUTES REGULAR CZTY COMMZSStON BOYNTON BEACH, FLORZDA SEPTEMBER 6, 2000 City Commission First Budget Public Hearing -Thursday, September 14, 2000 @ 6:30 p.m. in Commission Chambers Special City Commission Meeting to adopt budget - Wednesday, September 20, 2000 @ 6:30 p.m. in Commission Chambers TNT Concert at Oceanfront Park - Friday, September 15, 2000 from 6:00 p.m. to 9:00 p.m. - "Feelin' Lucky" (Country) B. Presentations: 1. Proclamations: a. "Literacy Awareness Month" - September 2000 Mayor Broening read a Proclamation declaring the month of September 2000 as "Literacy Awareness Month" in the City of Boynton Beach. b. "Election Day"- November 7, 2000 IVlayor Broening read a Proclamation declaring that a General Election Day will be held in the City of Boynton Beach on November 7, 2000. A Special Referendum Election will be held on the same date on the following charter amendments: Ordinance No. O00-41: An Amendment to City Charter Section 50, Term of Elected Offices. This Amendment, if adopted, would change the length of the two-term limit of office from two years each to three years each. There would be no other changes to Section 50. A "yes" or "no" vote would be required. Ordinance No. 000-43: An Amendment to the City Charter, Section 17, Composition, Election, Terms, Vacancies. This Amendment if adopted would result in each of the four City Commissioners being elected from the District in which they reside by electors residing in that district. The Mayor would be elected at-large. A "yes" or "no" vote would be required. · Also listed in the Proclamation are the voting locations within the City. Commissioner Fisher pointed out that O00-41 does not contain the start date that was determined at the last Commission meeting. City Manager Bressner stated that the language of the Referendum would be corrected to indicate the start date of 2003. MEETING MINUTES REGULAR ClT~ COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER ~ 2000 Presentation of Preliminary Report on a new teen center by the Advisory Board on Children & Youth shanna St. John, Chairperson of the Advisory Board on Children & Youth stated they were present to give a preliminary report on a Teen Center for Boynton Beach and to give a PowerPoint presentation on their findings. A survey that would be sent out with the City's utility bills was distributed to the Commissioners. Ms. St. John stated that the study focused on five areas and one Board Member summarized each of those areas: Evelyn Geathers - Vice Chair Steve Waldman- Lori Wilkinson - IVlary iVlorera - Venique Sanders (Youth Council IVlember)- Potential Partners Potential Funding Sources Potential Programs Potential Location & Design Youth Council Tnvolvement Commissioner Fisher requested that when the Board comes back to the Commission with its final report, he would like them to make recommendations for places where certain programs needed to be held, for example a place for music. Mr. Waldman said he would prepare a report with priorities for the Commission. Mayor Broening complimented the Board on their professionalism. Department of Development Orientation PowerPoint Presentation - Quintus Greene Quintus Greene, Director of Development/CRA, gave a PowerPoint presentation of the operations of the Development Department. (A copy of the presentation is attached to the original set of these .minutes on file in the City Clerk's Office.) Mr. Greene stated the single overriding mission of the Department of Development is to improve the quality of life for the citizens of Boynton Beach by providing quality, professional services that enhance the physical environment and promote the economic development of the City. The Department is divided into four major divisions, which is comprised of approximately 42 employees: Building Division (field inspection, plan review and permit application); Planning & Zoning Division; Community Redevelopment which includes Neighborhood Services; and Occupational Licensing Division. Mr. Greene gave an overview on staff and the responsibilities of each division. An organizational chart was displayed on the overhead screen for review. 4 MEETZNG MZNUTES REGULAR CiTY COMMTSSZON BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 Report on Collection of School Supplies Commissioner Fisher reported that the supplies collected would be going to the Children's Home Society. Boxes were placed in City Hall in the Mall, the Senior Center and City Hall. The collection was successful. Commissioner Fisher offered special thanks to Al DeMarco and members of the Senior Center. Commissioner Fisher read a thank you letter he received from the Children's Home Society stating eleven families with 2_9 school-age children were assisted. Commissioner Fisher said that subsequent to this collection, he received a telephone call from the Senior Center volunteers stating they wanted to donate $100 for additional school supplies. These supplies will be purchased and donated to the Galaxy Elementary School. Item XI. C. Resolutions: Proposed Resolution No. R00-124: Re: Authorizing the issuance of a note of the City in the principal amount of not exceeding $5,200,000 to refinance the City's General Obligation Refunding Bonds, Series 1992. Attorney Cherof read proposed Resolution No. R00-124 by title only. Attorney Mark Raymond, of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., the City's Bond Counsel, assumed the podium and stated he has been assisting the City with its debt issuance since 1988. :In 1992 the City issued $10,075,000 in general obligation bonds. These bonds are outstanding today in the amount of $5,695,000 and bearing interest rates between 5.7% to 6.25%. Ten years remain before the bonds would be paid in full. The City can now refinance the bonds at a lower interest rate, which would result in an interest rate savings to the City. Tf the Resolution were approved, the City would issue bonds in the principal amount of approximately $4,983,000 in the form of a promissory note, which would be purchased by Bank of America. The proceeds of the note, together with monies that have already been collected to pay the 1992 bonds, will be used to pay off the 1992 bonds. The debt service on the new note would be paid at a lower interest rate, resulting in savings to the City of approximately $163,000. They have prepared the documents and Attorney Cherof reviewed them. Mr. Bressner stated the use of these funds would be for CTP projects. MEETTNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA SEPTEMBER 6, 2000 Motion Commissioner. Black moved to approve R00-124, which was duly seconded by Vice Mayor Weiland and unanimously carried. :IV. CONSENT AGENDA: Commissioner Black requested that Item IV.E. be removed from the Consent Agenda for discussion. A. Minutes: 2. 3. 4. City Commission Budget Special Meeting - August 2, 2000 City Commission Budget Special Meeting - August 3, 2000 Special City Commission Goal Setting Workshop - August 14, 2000 Regular City Commission Meeting - August 15, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999- 2000 Adopted Budget Approve the piggyback of the U.S. COMMUNITIES, GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ00-341360-16C to IVlicron Electronics, ]:nc. for a purchase of computers in the amount of $25,446 Approve Data Flow Systems, Inc. for the purchase of radio telemetry system equipment for Fiscal Year 2000/2001 with estimated expenditure of $135,000 Award the bid for "SUPPLY AND INSTALLATION OF ALUMINUM FENCE AT BOYNTON MEMORIAL PARK" BID #073-2730-00/C]D to Lawrence Fence Corporation of Davie, Florida in the amount of $ 6 2,5 6 3 (PROPO$£D R£$0£ UI'~ON NO. ROO=.~2X) Award the bid for "TWO YEAR CONTRACT FOR DIESEL/PROPANE (2) GENERATORS MAINTENANCE/PARTS AND REPAIRS" B]:D #080- 2822-00/C.1D to Advance Generator Sales & Service, Inc. of Royal Palm Beach, Florida with an estimated annual expenditure of $70,000 Resolutions: Proposed Resolution No. R00-122 Re: Authorizing and directing staff to apply for a grant from NFL Community Football 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR/DA SEPTEMBER 6, 2000 Fields Program in the amount of $90,000 to build a press box at Ezell Hester Community Center J Proposed Resolution No. R00-123 Re: Authorizing the Mayor and City Clerk to execute a franchise agreement between the City of Boynton Beach and FPL Fibernet LLC Proposed Resolution No. R00-99- Re: Interlocal Agreement establishing water and wastewater service area boundaries (I'AB~£D ON JU£Y ~ 2000) (September 6, 2000) (R£COMM£ND R£MOVA£ FROM AG£NDA) Proposed Resolution No. R00-124 Re: Authorize negotiations with consulting engineers - Utility Capital Improvement projects D. Ratification of Planning & Development Board Action: Oriana Granite (Lot 50A) - Lot 50 A Quantum Park - Request for relief from Chapter 2-Zoning, Section 7.H.3 requiring a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144' driveway separation in a Planned Industrial District (PID) Harbor Estates (Lot 38) - South Road - Request relief from Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum rear setback of 25' to allow a 15' variance or a 10' rear setback within the R-l-AA zoning district Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks - West side of Lawrence Road, north of Miner Road - Request for master plan modification to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD Mark Daly - East Railroad Avenue, South of SE 8th Avenue - Proposed Vacation of right-of-way - Request for Postponement Approve the emergency purchase and installation of fiber optic data and voice transmission lines from the Public Works Complex to the Prime Tower site as part of the multi-agency Motorola radio system Removed for discussion at the request of Commissioner Black. MEETING MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLOP~DA SEPTEMBER 6, 2000 Motion Approve the expenditure for network upgrades and issue a purchase order to Presidio Corporation in the amount of $30,567 Approve funds for Housing Rehabilitation Case #2-99-006, Willie Mae & Uganda Allen, residing at 147 NW 13th Avenue, in the amount of $20,624 Approve funds for Housing Rehabilitation Case #2-99-021, IVlariano and San .luanita Avila, residing at 2851 North Seacrest Boulevard, in the amount of $11,154 Approve Change Order #8 for the O/1' BUILD]ING RENOVATION PROJECT at 124 East Woolbright Road in the credit amount of $25,762 Authorize the City Manager to negotiate a contract with Wallace, Roberts & Todd LLC to provide master plan revisions, construction documents, permitting and construction administrative services for Boat Club Park :Improvements Commissioner Black moved to approve the Consent Agenda, as amended. Weiland seconded the motion and unanimously carried. CONSENT AGENDA :ZTEM FOR DZSCUSSION: Vice Mayor IV.E. Approve the emergency purchase and installation of fiber optic data and voice transmission lines from the Public Works Complex to the Prime Tower site as part of the multi-agency Motorola radio system Commissioner Black inquired what constituted the "emergency purchase and installation". Mr. Bressner stated this was due to the hurricane season and that using fiber optic lines would be an enhancement. Motion Commissioner Black moved to approve ]]tem IV.E, which was seconded by Commissioner Fisher and unanimously carried. V. CTTY MANAGER'S REPORT: Health Insurance Renewal for 2000/2001 pending discussion with bargaining unit representatives ('P~t'OPO$£O A'£$O~.U/'~rON NO. A'OO- ~2$)(~"ABZ£O ON AUGUSr ~$) MEETZNG MZNUTES REGULAR CZTY COMMZSSI'ON BOYNTON BEACH~ FLORIDA SEPTEMBER 6~ 2000 Mr. Bressner reported that there has been a minor change to the proposal in that staff is recommending a change in the hospitalization program and that the City proceed with the purchase of "stop-loss" coverage. This is a policy that would cover a catastrophic illness that would exceed a certain amount. The premium would be approximately $163,000 and would cover any losses over $125,000 that would have been paid by the insurer, but are now covered by this new insurance policy. Back in May of this year, staff obtained quotes for the cost of this insurance. By purchasing stop-loss insurance this protects the insurance fund from being hit with any major increase that would be attributable to a great deal of use of the plan. Mr. Bressner stated this has been added to the hospitalization recommendation and noted that he reviewed the proposed changes to the plan at the last Commission meeting. He asked if there were any further questions and if so, Mr. Art Lee was present tonight to answer any questions. Commissioner Fisher inquired if the cost of the plan could be reduced if it adopted a $500 deductible? Mr. Arthur Lee, Human Resource Director, stated that staff did not look at obtaining quotes with a $500 deductible. There is a $300 deductible in the triple-option, which reduces the premium somewhat. Mr. Lee did not feel that the $500 deductible would result in a significant reduction of the premiums, but he was not certain. Mr. Bressner pointed out that the plan includes a $1,000 maximum out-of-pocket expense per year. Mr. Lee explained that even though the triple option Plan now includes a $300 deductible, this did not increase the out-of-pocket expense beyond the SZ,000 maximum. Vice Mayor Weiland acknowledged that claims have escalated the past few years and that costs for insurance have increased. Vice Mayor Weiland said that there are a group of employees that were hired with certain benefits who would now be losing some of those benefits. He also pointed out that this would not affect a certain group of contract employees. Since union contract negotiations would be coming up and since the salary increases are not known at this time, he was concerned that employees would not be able to make up for the additional out-of-pocket expenses due to the increase in insurance. Vice Mayor Weiland said he could not vote in favor of this tonight because of these unknowns. Commissioner Fisher inquired what the cost would be to the City if this item were postponed? Mr. Bressner replied it would cost an additional $21,000 per month if the City had to carry the current rates. Mr. Bressner pointed out that in the past when dependent costs increased, they had been passed on to the employees. MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA SEPTEMBER 6, 2000 Commissioner Black expressed his disappointment that the City did not seek out alternative rate quotes. Further, Commissioner Black felt that this process should have started a lot sooner. Commissioner Fisher asked Mr. Lee what the City pays its medical insurance consultant? Mr. Lee stated the consultant is paid from the money that is saved under the plan and is paid by the insurance company itself. Mr. Lee pointed out that the City has enjoyed a long relationship with Blue Cross for over 20 years, which was taken into consideration when going out for quotes was discussed. Mr. Lee noted that Boynton Beach has one of the best programs in the State of Florida with Blue Cross and that the City receives the highest discounts that could be received from Blue Cross. IVlr. Lee said he would follow through on how much money the consultant received. Mayor Broening pointed out that more than 70% of the City's revenues go towards employees .and feels that the City gives everything that it possibly can to its employees. Mayor Broening called for a motion. Motion Commissioner Fisher moved to approve R00-125, which was seconded by Commissioner Black. The motion carried 3-1 (V/ce Mayor ~Veiland d/~senting). Authorize the Mayor to execute the ]:nterlocal Agreement with Palm Beach County and the School District to commence the School Concurrency Process (ProposedRe$olution No. R00-.~26) Mr. Bressner reported that the City is being asked to pass a resolution that would authorize the Mayor and City Clerk to execute an [nterlocal Agreement in support of School Concurrency, which is being requested of all municipalities in Palm Beach County. Mr. Bressner explained the purpose of School Concurrency and the benefits that would be derived to reduce future overcrowding in the schools. The only costs involved would be a small incremental cost of $3,500 for staff time reporting. Motion Commissioner Black moved to approve R00~126, which was seconded by Commissioner Fisher and unanimously carried. Approve funding in the amount of $231,000 for four projects from the Neighborhood Capital Tmprovement Fund Mr. Bressner announced the four projects that would receive funding: l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 · Fa(;ade Program - · Boynton Intracoastal Demonstration Garden Project · NE 17th Avenue Right-of-way improvements · MLK Boulevard - Initial design- $ 25,000 Development activities - $121,000 $30,000. $4o,ooo. $15,ooo. $146,000. Also, a funding request will be made through a new State program for planning funds for the MLK program. The application is due by September 12th and $50,000 is being requested. This would reduce the City's cost to $96,000 if the grant were accepted. Mr. Dan DeCarlo, the Neighborhood Specialist, assumed the podium and requested to recognize Ns. Carolyn Sapp from Palm Beach County, who has been instrumental in securing the demonstration garden and Ms. Barbara Meacham of the City's Parks Department, who has designed the garden and has done an excellent job. Mr. Bressner asked about the location and ownership of the property and Mr. DeCarlo stated it was City owned and is located off Federal Highway at NE 6th Street, north of St. Nark's School. Vice Nayor Weiland said he has read in the papers that no money has been spent on IVlLK Boulevard for many years. However, Vice Nayor Weiland pointed out that curbing, sidewalks and landscaping have been placed on MLK Boulevard in the past ten years. Vice Nayor Weiland requested a report on how many times IVlLK Boulevard has been fixed and their associated expenses. IVlr. DeCarlo said he would provide this information. Motion Commissioner Black moved to approve funding in the amount of $231,000 for four projects from the Neighborhood Capital Improvement Fund. Notion seconded by Vice IVlayor Weiland and unanimously carried. Update on Projects Nr. Bressner reported on the following: Pond B Project is still in need of a name. The Pond is functional and the pavilion should be ready by mid-October. The Ocean Avenue Project is underway. The Ocean Avenue Bridge opening is still on schedule for November 15th. The Gateway Project should be substantially completed by early October. 1! MELrI~NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER ~ 2000 PUBLIC AUDIENCE: TNDTVZDUAL SPEAKERS PRESENTATIONS WILL BE LTMTTED TO 3-MTNUTE Mr. Kevin Scully, 921 Brookdale Drive, Boynton Beach stated that Scully's Market was sold on August 15th. Mr. Scully spoke about the hard work and responsibilities of running a small business. He thanked all his customers from Ocean Avenue and said he was angry at the way he had been treated by the City Commissions, past and present, and senior staff. Mr. Scully also thanked all the City employees, police and firefighters that supported his store. Mr. Herb Suss reported that one of the City's Commissioners has been absent 23 times including tonight. Mr. Suss stated he was not getting any representation from his Commissioner because he has had 23 absences and he will be working hard to see that the right people are elected in March. Mr. Suss said he would like this issue dealt with on the November ballot. Mr. Suss said he was making 'a citizen presentation to Ms. Chris Roberts and George Mantel of the Department of Public Works. Mr. Lee Wische, 1302 SW 18th Street, Boynton Beach said there are misconceptions about the Commissioners receiving $4,200 per year, which is partially true. However, the Commissioners receive a check every month for salary and an additional check every month for expenses. Mr. Wische read into the record the monthly salaries and expenses received by the Mayor and Commissioners. Mr. Wische also reported that the Mayor and Commissioners go on trips, the expenses of which are paid by the City. Since no one else wished to speak, Mayor Broening closed the public audience. VTT. PUBLTC HEARTNG: AGENDA PERMTTS 7:00 P.M. OR AS SOON THEREAFTER AS THE A. Project: Mark Daly APPLICANT REQUESTED POSTPONEMENT TO THE SEPTEMBER 12, 2000 PLANN]:NG 8t DEVELOPMENT BOARD MEETI'NG TO RESOLVE UTTLITY DEPARTMENT ISSUES.) Agent: Burl Gentry Gentry Engineering & Surveying, :[nc. Owner: Mark Daly Location: East Railroad Avenue, south of SE 8th Avenue Description: Request relief from Chapter 2, Zoning, Section 6,C., requiring a minimum lot frontage of 75' to allow a 45' ]2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 VIII. variance or a minimum lot front of 30' within the C-3 zoning district FUTURE AGENDA ITEMS: IX. None 3. K. L. M. Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Inc. for purchase and construction of the 19:[3 Children's Museum Interactive Ecosystem Indoor Exhibit (September 19, 2000). Approval of updated Library Long-Range Plan for 2000-2003 (September 19, 2000). Proposed revision to Landscape Standards (September 19, 2000). Proposed Advertisement for Internet Coast (September 19, 2000). Report on Proposed Criteria regarding CRA Membership (October 4, 2OOO). Proposed Code Amendment for freestanding signs (October 4, 2000). Review policy for cemetery late arrival fee and space requirements (October 4, 2000). Future Annexation Areas (October 4, 2000). Review of Proposed Traffic-calming Device Procedure (October 4, 2000). Street Naming Policy (October 4, 2000). Proposed Policy for Community Activity Grants. Proposed Expansion of CRA Boundaries. Proposed revisions to Chapter 26. DEVELOPMENT PLANS: X. NEW BUSINESS: Authorizing the sale of a certain portion of the City's utility service area (generally known as Biltmore Terrace) to Palm Beach County Utilities, and to establish a new service area boundary between the City and the County based upon that sale (PRO~OO$~D RF$OLOI'~ONNO. R00-.~23) Motion Commissioner Black moved for approval of R00-123. Motion seconded by Vice Mayor Weiland and unanimously carried. Discussion regarding amendment to Chapter 2, Section 6.E.:[ changing the definition of nightclub. 13 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLOR/DA SEPTEMBER 6~ 2000 Mr. Quintus Greene reported that this item deals with nightclubs that open up for business as restaurants in the City. However, their activities have become problematic and the City's code does not address this particular issue. Staff is proposing language to amend the Code of Ordinances to add a definition for nightclub and to revise the existing definitions for restaurant, bar and lounge. IVlr. Greene said that he would like the concurrence of the Commission to move forward with this item to the Planning and Development Board to amend the Code. Commissioner Black inquired if the item was sent down to the Planning and Development Board would it come back to the Commission for final approval? Mr. Greene stated that it would come back to the Commission. Commissioner Black said that he first learned of this item by reading about it in the newspaper and questioned why the Commissioners had not been consulted sooner. Commissioner Fisher feels the Commissioners should be afforded more opportunity to review the issue prior to it being sent down to the P&D Board. IVlr. Greene replied that the concerns of the Commissioners could be addressed by the P&D Board and then would come back to the Commission for final vote. IVlayor Broening wanted assurances that there would be plenty of public input on the code change. Mr. Greene stated that the item would appear on the P&D agenda for next Tuesday, September 12th. Vice Mayor Weiland did not feel this afforded enough time to get notices out to the homeowner associations, iVlr. Bressner requested that the Commission by motion refer the item to the P&D Board for their September 26th meeting and to instruct staff to circulate a draft of the text amendment to neighborhood associations, as well as encouraging them to attend the September 26th meeting. Motion Commissioner Black moved t. hat this item be referred to the Planning and Development Board to be addressed at their September 26th meeting and to instruct staff to circulate a draft of the text amendment to neighborhood associations that might be impacted by the code change, as well as to encourage them to attend the September 26th meeting. Motion seconded by Commissioner Fisher and unanimously carried. Approve the Special Event Permit request for Cole/Quinn wedding and reception at Oceanfront Park on November 4, 2000 Vice Mayor Weiland asked who assumes the liability in the event someone is injured. Mr. Bressner replied that there are waivers releasing the City that must be signed in order for residents to use City property. ]4 MEETING MINUTES REGULAR CITY COMMISSI'ON BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 Motion Commissioner Black moved to approve the Special Event Permit request for Cole/Quinn wedding and reception at Oceanfront Park on November 4, 2000. Motion seconded by Commissioner Fisher and unanimously carried. Dw Recommendation from Community Relations Board on proposed re- naming of a portion of Martin Luther King, .lr. Boulevard Mr. Ron Washam, Chairman of the Community Relations Board, reported that an open forum was held on August 23rd at Rolling Green Elementary School to address the concerns on both sides of the issue. Mr. Washam reported that his entire Board was present that night, together with approximately 45 residents and the issues were discussed at great length. The Community Relations Board unanimously voted that they would not recommend nor endorse changing the name of Martin Luther King, Jr. Boulevard east of U.S. 1. The name is, was and always will be a source of pride to the residents and that the name should remain as it always has been. Vice Mayor Weiland thanked Mr. Washam and his Board for their time and effort spent on this issue and noted that the person behind this move was Mr. Kevin Sullivan, as well as residents of ]:NCA. Vice Mayor Weiland said that since the Community Relations Board has voted this down, he saw no need for the issue to come back to the Commission. Mr. Washam stated that the Commission requested that his Board come back with a recommendation. Commissioner Fisher commended the Community Relations Board for the professional manner in which they handled the issue. Mayor Broening also noted that the issue may be moot since Mr. Sullivan and INCA have since withdrawn their request. However, he feels that the Commission has a responsibility to endorse the Community Relation's Board recommendation. Motion Commissioner Black moved to approve the recommendation of the Community Relations Board. Motion seconded by Vice Mayor Weiland and unanimously carried. Xl'. LEGAL: A. Ordinances - 2nd Reading - PUBL:[C HEARING Proposed Ordinance No. 000-45 Re: Amending Land Development Regulations, Chapter 20, Article ]~I. Electrical Code, by 15 MEETING MINUTES REGULAR CI'I'Y COMMISSION BOYNTON BEACH, FLOR/DA SEPTEMBER 6, 2000 adopting the 1999 National Electrical Code and the Boynton Beach amendments thereto Attorney Cherof read Proposed Ordinance No. O00-45 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. THERE WAS NO ONE Hotion COmmissioner Black moved to approve Proposed Ordinance No. 000-45. Notion seconded by Commissioner Fisher. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-46 Re: Amending Chapter 16, Article 11 City Parks and Beaches, by amending Section 16-82, Policy No. i and No. 3; increasing annual beach parking permits and related fees and clarifying issuance policy Attorney Cherof read Proposed Ordinance No. 000-46 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Black moved to approve Proposed Ordinance No. 000-46. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was B. Ordinances - 1st Reading Proposed Ordinance No. 000-47 Re: Amending Chapter 2, Section 16.B.g., Bed and Breakfast, to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversions to such establishment Attorney Cherof read Proposed Ordinance No. 000-47 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-47. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was 16 MEETING MZNUTES REGULAR CITY COMMZSS'rON BOYNTON BEACH, FLORIDA SEPTEMBER 6, 2000 None XII. D. Other: UNFINISHED BUSINESS: None XIII. OTHER: None XIV. AD]OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 8:20 p.m. A~E~: Cit~Clerk -- Recording Secretary (2 Tapes) CITY OF BOYNTON BEACH Mayor Pro Tem Commissioner Commissioner ]7 E DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Estates Lot 38 APPLICANT'S AGENT: Michael Schmidt APPLICANT'S ADDRESS: 1801 N. Military Trail, Suite #110 Boca Raton 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September~' 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: None DRAWING(S): SEE EXHIBIT ,B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant _X_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby _X_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other / ' City Clerk J:\SHRDATA~Planning~SHARED~WP~ROJECTS\Harbor Estates Lot 38\ Develop. Order CC 8-22-00.doc EXHIBIT "D" Conditions of Approval Project name: Harbor Estates Lot 38 File number: ZNCV 00-008 ReferenCe: Application received June 14 2000 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~Planning'tSHARI~\WP~ROJECT S',l-Iarbor Estates Lot 38~PD 8-22-00 COND OF APPROVAL.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~' ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oriana Granite Zoning Code Variance APPLICANT'S AGENT: Robert Sullivan C/O Quincy Johnson Architects APPLICANT'S ADDRESS: 949 Clint Moore Road, Boca Raton, Florida 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September t 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: Lot-50 Quantum Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: J:\SHRDATA/Planning~SHARED\WP~PROJECTS\Oriana Granite (Zoning Code Vadance)\Oriana Granite Develop. Order. doc Other ' % --.; ..... EXHIBIT "D" Conditions of Approval Project name: Oriana Granite Zoning Code Variance File number: ZNCV 00-009 Reference: Application received June 16, 2000 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Place a "one way" sign at the westernmost parking island/median located in X the front parking lot on the west side of the building. ADDITIONAL PLANN1NG AND DEVELOPMENT BOARD CONDITIONS 2. NONE X Page 2 Oriana Granite ZNCV 00-009 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 3. To be de ........... ,/l~,,V~' ~ MWR/blw S:~°LANNING[SHARED[WP~PROJECTS\ORIANA GRANITE~ND REVIEW COMMENTS ORIANA GRANITE.DOC BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission~eeting. Address ~ ~ ~ ~~I~"~- ~f'~ ~~ Telephone ~ ~ ~- ~'~ ~ Summa. ~f Matter to be Addres~ed ~~{~ ~(~ ~,~~// ¢~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and~ for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and se~-ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE [io~mi~itshs~oinn~emt~tni~.n called for below :nd give to the City Cle~k~ior to the start of the City Name Telephone, Summa~ of Matter to be Add~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cler~k prior to the start of the City Commission Meeting. Name ~.~ ~!.,, ~ (~ Address Summa~ of Matter to be Ad If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Ad ress ' Telephone# ~ ~Z/~-~ ~ ~~ Agenda ~ Summary of Matter to be Addressed //~~red ~] ~~/Y~ ~ If a erson decides to appeal any decision made b~ Commission with r~pect to any matter considered at this meeting, he/she _.. ~A~ ' . r such ur ose he/she ma need t ensure that a verbatim record of the proceedings is will ~,=~d a record of the proceedings and, fo ~ch purpose, he/she may need tb,~ made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce CosteHo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone ~ ~ / ~ ff ~ ' Z ? ~ .~ Agenda ~ ~ ~'~ -~, ~ · SUmma~ of Matter to be Addressed M~e~r~(~o~ ~'~~ ~ ' If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.