Minutes 01-02-01 (2)MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN THE CHAMBERS, CITY OF BOYNTON BEACH, FLOI~DA
ON TUESDAY, :JANUARY 2, 2001
PRESENT
Gerald Broening, Mayor Kurt Bressner, City Manager
' Bruce Black, Commissioner ]ames Cherof, City Attorney
Charlie Fisher, Commissioner Sue Kruse, City Clerk
Mike Ferguson, Commissioner
ABSENT
Ronald Weiland, Vice Mayor
I. OPENINGS:
A. Call to Order - Mayor Gerald Broening
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Bruce Black
Mayor Broening called the meeting to order at 6:30 p.m. and gave the Tnvocation.
Commissioner Black led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE REQUEST FORM
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE
"OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED.
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
There were no additions, deletions, or corrections to the agenda.
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda as presented. Commissioner
Fisher seconded the motion that carried 4-0.
F
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
TZ. PUBLTC AUDTENCE:
TNDMDUAL SPEAKERS WTLL BE LTMTTED TO 3-MTNUTE PRESENTATIONS
Harold Kelman, 54 Sausalito Drive, Boynton Beach urged the Commission to give
positive attention to the Sausalito Place agreement when it appeared on the January 16,
2001 agenda. He spoke on behalf of the residents when he stated that they had been
waiting for ~vo and a half years for the homes, roadways, and landscaping to be
completed. Mr. Bressner stated that he supported Mr. Kelman and that he was pushing
to get it completed before the next meeting.
Lori Brinson, 611-8 N.E. 12 Terrace, Mariners Village, Boynton Beach, spoke of
a collapsed north-south seawall that was being maintained by the City of Boynton
Beach. Mariners Village owns the east-west seawall, and Manatee Bay owns an east-
west seawall on their side. Their seawall collapsed in April of 1999 and they have had
seawall problems since the autumn of 2000. She asked if anything was being done
about the seawall or about the drainage problem on N.E. 12 Avenue? They had not
begun to fix their seawall because the City's north-south seawall had not been fixed.
Mayor Broening stated that the City would give Ms. Brinson an answer to this issue in
writing. Mr. Bressner asked Mr. Sugerman, who had been working on the problem, to
give Ms. Brinson a verbal update during the meeting.
Warren Timm, 130 N.E. 26th Avenue, Village Royale on the Green, Boynton
Beach, stated that he wanted dollar amounts on some Consent Agenda items whose
dollar amounts were not listed. He discovered that Consent items were not discussed in
public audience. He reminded the Commissioners that the people of Boynton Beach
elected them and that it was their duty to answer questions when people asked them.
Mayor Broening said the agenda was published well in advance and if questions arose,
anyone was free to approach their Commissioner, the Mayor, or the City, to ask those
questions. He offered to take calls at home and stated that his number was published.
He said that items were often pulled from the Consent Agenda for discussion and he
believed that some would be pulled at this meeting. He said their procedure was a well-
known one that mirrored similar procedures in municipalities, counties, states, and the
federal government.
Mayor Broening closed the public audience.
III. ADMINISTRATIVE:
A. Accept resignation of Alice Warren, Regular member of the Library Board
Motion
Commissioner Black moved to accept the resignation of Alice Warren. Commissioner
Fisher seconded the motion that carried 4-0.
B. Appointments to be made:
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Appointment Length of Term/
To Be Made Board Expiration Date
IV Fisher Advisory Bd. On Children & Youth Alt I yr term to 4/01 Tabled (2)
IT Black Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 Tabled (3)
Mayor Broening Employees' Pension Board Reg
3 yr term to 4/01 Tabled (3)
! Weiland Library Board Reg 3 yr term to 4/02 Tabled (2)
Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (3)
! Weiland Nuisance Abatement Board Alt :L yr term to 4/01 Tabled (3)
!!! Ferguson Planning & Development Board Alt I yr term to 4/01 Tabled (2)
Commissioner Ferguson appointed James Beretta, 640 S.E. 2nd Avenue, Boynton
Beach, as an alternate to the Planning and Development Board, with a one-year term.
All other appointments were tabled.
Motion
Commissioner Black made a motion to approve the appointment of James Beretta as an
alternate to the Planning and Development Board. Commissioner Fisher seconded the
motion that carried 4,0.
TV. ANNOUNCEMENTS & PRESENTATZONS:
A. Announcements:
None
B. Presentations:
1. Proclamations:
a. Martin Luther King, Jr. Birthday Celebration
Mayor Broening read a Proclamation declaring January 14, 2001 as Dr. Martin Luther
King, Jr. Day, in honor of the significant contributions made by the late Dr. Martin Luther
King, Jr.
3. Orientation PowerPoint Presentation by Human Resources
Department - Arthur Lee, Director
Arthur Lee, Director of Human Resources, gave a presentation outlining the activities,
goals and accomplishments of the Human Resources Department. A copy of Mr. Lee's
presentation is attached to the original set of minutes and is available in the City Clerk's
office.
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
V. 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 of December 14, 2000
Bids - Recommend Approval - All expenditures are approved in the 2000-
2001 Adopted Budget
Approve the SURPLUS VEHICLE/EQUIPMENT LIST as submitted by
staff to be auctioned and generate revenues to the Fleet
Maintenance Fund (Bid 032-1411-01/KR)
Approve the purchase of a Groundsmaster 325-D 2WD/#30788
with options (Florida State Contract #515-630-00-1), and a Toro
Sand Pro 3020 Model #08885 with options (GSA Contract #GS-
07F-9956H) from Hector Turf, Inc. in the total amount of
$24,519.39.
Approve extension of the annual bid for custodial services for city
facilities, #033-2511-01/KR to Golden Mark Maintenance of
Hollywood, Florida, for an estimated annual expenditure of
$57,390.
C. Resolutions:
Proposed Resolution No. R01-01 Re: Approving
contract with Lloyd's Plaza for non-conforming landscaping and
signage pilot program for the payment of an "actual cost" for a
contract line item, providing the additional expenses above the
"estimated cost" do not exceed $1,500.
Commissioner Black asked that Item C (:L) be pulled from the Consent Agenda for
discussion.
Proposed Resolution No, RO:L-02 Re: Approving
agreement between the Town of Highland Beach and City to allow
Highland Beach Police Department to utilize the City's firearm
training facility (pistol range) for training and qualification of
police officers.
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Janua~ 2,2001
Proposed Resolution No. R01-03 Re: Approving
reimbursement of escrow funds back to the developer of Manatee
Bay, Olen Residential Realty Corp., in the amount of $20,228.75
for the re-establishment of the historic natural area on the site.
D. Ratification of Planning & Development Board Action:
Lot 37 Block 3 (Lake Addition to Boynton) - Request for
relief from Chapter 2, Zoning, Section 11.1.C.1. to allow
construction of a single-family home on a non-conforming lot in R-
I-A Zoning District
Commissioner Black asked that ]:tem D (1) from the Consent Agenda be pulled for
discussion.
Boynton Terrace Apts. - Modified request for relief from City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 11 Supplemental regulations H.:~6.a.(2)., requiring a
minimum parking space ratio of 2 spaces per unit, to allow a
reduction of 84 spaces or a 1 space per unit variance
Commissioner Black asked that Ttem D (2) from the Consent Agenda be pulled for
discussion.
Approve Change Proposal #15 of the Ocean Avenue Promenade project to
include lighting, curbing and brick pavers at the NW and SW corners of
Ocean Avenue and 1~t Street for an additional cost of $15,850.25.
Approve the donation of federal forfeiture funds in the amount of $5,000
to Lake Worth Community High School Criminal Justice Academy.
Gm
Approve additional funds in the amount of $1,375.:~9 to the non-
conforming landscaping and signage pilot program contract with Doug
Besecker, Easy Pay Tire (Goodyear Tire).
Approve change proposal #11 for the Ocean Avenue Promenade project
and to authorize the payment of $14,650 toward that change proposal in
settlement of a threat of legal action brought by Mr. Tom Walsh, 211 East
Ocean Avenue.
Approve the issuance of a purchase order and payment to Camp Dresser
& McKee, ]:nc., in the amount of $24,500 to prepare a report responding
to the proposed modifications to the overall flood elevations within the
City of Boynton Beach. (Utilities Account 401-2821-536-31-90)
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Motion
Commissioner Black made a motion to approve the Consent Agenda, as amended.
Commissioner Fisher seconded the motion that carried 4-0.
Consent Agenda Ttern C (1)
Commissioner Black asked if the "before and after" pictures had been done for this
item? Michael Rumpf, Planning Director, stated that they had not but that they would
be included in future projects. Commissioner Black also questioned the accuracy of the
hourly rate of $16.80 quoted in the overall cost of project administration, believing that
it was too Iow and not representative of the salaries of the persons working on the
project. Mr. Bressner agreed, saying that in the interest of accuracy on future projects,
the actual projected hours by job classification should be used as the basis for this
figure.
Motion
Commissioner Ferguson made a motion to approve Consent Ttem C (1). Commissioner
Black seconded the motion that carried 4-0.
Consent Ttem D (1), Gayhart Variance, Lot 376 Block 3
Commissioner Black stated that the Code on the City's books said that the lot had to be
sixty feet, and wondered how the City Commission or the Planning and Development
Board could say "yes" to the variance if the lot were not up to the proper standard and
approve it if, later on, the applicant were able to work out an agreement to purchase an
additional ten feet? He did not believe that it met the hardship criteria, ft was his
understanding that when there were older, non-conforming lots such as this, the 75%
rule would apply. :If government changed it over the years from 50 to 60 feet, as in this
case, there would be grounds for leniency in the matter, but that this was not in the
City's Code at present. Commissioner Black asked to hear from the public and also
staff's reasoning in supporting the variance.
Mayor Broening stated that the Ordinance did allow the applicant to purchase additional
land to meet the Code criteria. He expressed concerns that centered on the lack of
citywide overlay zoning that could correct this type of problem and allow property
owners to develop in those areas. Mr. Bressner stated, also, that the provision of the
applicant's negotiating purchase of sufficient property to bring the property up to
conforming size was in the current Code and had been the basis for the approval by the
Planning and Development Board.
Mr. Bressner asked staff to take a look at the Zoning Code and to consider adopting a
provision in the Zoning Code that would reflect the 75% rule which provided a "safety
net" for those who owned property on which the government had enacted zoning
changes which negatively impacted their ability to develop their property.
Meeting Minutes
City Commission Meeting
Boynton Beach. Florida
January 2, 2001
Lee Wische, 1302 S.W. 8th Street, Boynton Beach, spoke as Chairman of the
Planning and Development Board, stating that when he became aware that the two
parties involved in the issue had not come to any agreement as to the purchase of the
additional land, he advised the applicant to let the issue be tabled, try to purchase the
land, and come back before the Board at that time. He and another member of the
Board voted "nay" on the project but were out-voted.
Commissioner Fisher asked if the parties had reached an agreement since the Planning
and Development Board meeting and the recent updates? Mr. Rumpf said he had
received notification, in writing, that they could not come to terms on the sale. Mr.
Rumpf stated that the variance was granted if they were unable to obtain the ten feet.
Commissioner Fisher asked Mr. Rumpf why this was considered a hardship case? Mr.
Rumpf replied that this was an original lot and that the hardship was based on the Code
itself and the five or six different criteria that had to be met. Their research into the
original minutes that were recorded when the Code amendments were put in place,
including the non-conforming criteria, indicated the Commission at that time recognized
the fact that too stringent a standard would make those lots undevelopable and would
be a hardship. Non-conforming criteria went into place to create the situation in which
they would still be developable.
Commissioner Fisher and Mayor Broening both asked if the current property owners had
purchased the land after 1987, knowing that it was undevelopable without asking for a
variance? Mr. Rumpf said the matter was discussed with the builder who had acquired
the property. Commissioner Fisher said that the hardship was with the original owner,
not the new owner who knew coming into it that a variance would have to be sought.
Mr. Rumpf agreed and said that there would not be a variance requirement if it were the
original property owner.
Mayor Broening asked Susan Gay, the applicant for the variance, to come forward and
speak, if present.
Susan 6ayhart, 106 Lisa Lane, Lake Worth, stated that prior to purchasing the lot
in question, she came to the City and was given a document in writing which showed
that even though the lot was non-conforming, one lot would be developable at its
current size, but not several. She stated that she wanted to purchase a lot there to
build a home with a value of over $100,000. She made her decision based on the fact
that the house next door was able to build on a fifty-foot lot and because of the
statements made by the Planning and Zoning Department. Mayor Broening asked Ms.
Gayhart if Planning and Zoning told her it would be o.k. to build on the lot or that she
would need to apply for a variance? She did not recall exactly what the Planning and
Zoning Department said, only that they had said she could get a variance on one lot for
50 feet, but not several lots. She was only asking for the variance on one lot.
After considerable discussion, the Commission had several concerns about the issue and
believed the item should be tabled.
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Motion
Commissioner Black made a motion to table Consent Agenda Ttem D (1). Commissioner
Fisher seconded the motion with discussion for the sake of anyone who had come
specifically to speak on the subject. Mayor Broening indicated that if anyone had a
compelling reason to speak to come forward but if not, to hold his or her comments
until the issue came up again on a later agenda. He stated that people could write to
the City with further information as well.
Ms. Dina L. Castellano explained her reason for speaking and Mayor Broening allowed it.
Dina L. Castellano, 715 N.E.9th Avenue, Boynton Beach, stated that on March 27,
she drove by and saw four empty lots next to St. Marks, where she wanted her
daughter to attend school. She entered into a contract on Lot 37. When Ms. Castellano
saw it was not being developed, she switched to Lot 38, since she wanted the first
available home. Ms. Gayhart knew that she had a 50-foot lot. She knew she would get
the only variance that was allowed and it was under Fairway Tsles. She stated that
Fairway Tsles sold the lot to her as a private owner so she could get the variance under
the old Code. She did not know until tonight that her lot was 50 feet because she was
told it was the same as the one next door which was 60 feet. She said this was her
error. She believed that Ms. Gayhart was going to turn around and sell the property.
She was against this lot being built and wanted to go on record that she would buy the
lot because now the lot she purchased was out of conformance.
The motion to table carried 4-0.
Consent Agenda Ttem D (2), Boynton Terrace Apartments
Commissioner Black stated that the true ownership of the property had been a subject
of interest for some time. Meetings with people in the development surfaced a need for
on-site daycare, a sign identifying who they were, and a request for the owner(s) to
help them form a neighborhood association so they would have a voice within their
community and within the City of Boynton Beach as a whole. Their questions and
requests fell on deaf ears. He stated that the backup mentioned a security gate being
put in but no guard. He wondered if it would be a key gate or just a chain link fence
going up around 90% of the property? The whole idea was to prevent access and drive-
through by non-owners. Commissioner Black asked to speak to the applicant, if he or
she was present.
Michael McPhilips, Heritage Companies, 5507 N. Atlantic Avenue, Cocoa
Beach, Florida, assumed the podium to answer Commissioner Black's questions.
Commissioner Black said that the backup stated 60 percent of the residents used public
transportation and the other 40 percent had only one car with a small number of two-
car families. He said that when staff conducted the survey of cars in the parking lot, it
was in the middle of the afternoon at 2:00 p.m. Tf someone did live there and did have
a vehicle, chances are good that they were at work. Mr. McPhilips stated that they had
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
January 2,2001
studied the parking and did not believe the reduction would stress the property. There
were other places where additional parking could be built.
In reference to the wall around the property, Mr. McPhilips stated that their plan did not
spell out the wall but in previous conversations with Mr. Hawkins, the subject had come
up and it was their intent to do this. They were not talking about chain link but would
do whatever the Code allowed such as a five-foot stucco wall or wrought iron. They
were open to ideas. The entranceways to the project would be card-access, controlled
gated areas. He was not saying the new project would not have a guard, but it was not
in his authority to guarantee that on the part of the new ownership. He would be the
contractor and the developer if the project were approved and if they were successful in
obtaining State funding. He could commit to certain aspects such as alt new cabinets,
new carpeting, and new roofs.
Commissioner Black asked if the sale of Boynton Terrace were contingent on this deal
going through? Mr. IvlcPhilips said they would be the contractor and developer and had
been approached to be part owners but they had not negotiated this yet. The present
ownership had a ! percent general partner interest in a 99 percent limited partnership.
The 99 percent would change hands and the current owners were really tax people
looking for tax benefits. Mr. IvlcPhilips stated he was not part of the present ownership
and never had been. The present owners hired them to try to come up with a plan to
totally rehabilitate Boynton Terrace. He said an absentee partnership from California
owned the property as a tax benefit. Tf the proposed plan went through, there would be
99 percent new ownership. Commissioner Black asked IVlr. McPhilips to provide the
names of the people that owned Boynton Terrace and he said he would do so.
Commissioner Black asked if their group had met with the people who lived in Boynton
Terrace to ask what they would like on the property? IVlr. ivlcPhilips said they had not
gone door to door there, but had asked the current management group to speak to the
residents and ask questions.
Mr. McPhilips spoke of the plans they had for the area including a new clubhouse, fifteen
computers for the resident's use and so forth. Commissioner Black said this particular
demographic may have preferred daycare to computers. He would like to believe that
either the absentee owners, his company, or the new company would come in and ask
the residents what they wanted to make them stay. The current message was that they
wanted to leave. Mr. McPhilips spoke of the many streetlights that were out and that it
needed to be made safe and sanitary. He thought daycare was an excellent idea but
the program they were applying to for money did not have criteria for that.
Commissioner Fisher said putting $4 million into the property would probably result in
the rents being raised. IVlr. McPhilips said the rents would not change and that one of
the sources for funding was the Iow income tax credit program. Tf they were successful
in obtaining the tax credits, they would be sold and syndicated and the equity raised
from that would be used to rehabilitate Boynton Terrace.
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
January 2, 2001
Commissioner Ferguson was concerned that having a reduction in the parking spaces
from :1.73 down to 90 would be one parking place per unit owner. He did not see how
this was possible. As a condo administrator, he knew how important parking spaces
were to people and that this plan left no room for guest parking. He suggested a
compromise. Tn the documentation it said that there were :t.4- cars per household in the
City of Boynton Beach. Tf these 1.4 parking places were applied to the 90 dwelling
units, there would be 126 parking spaces, and this would allow a reduction of about 50
spaces. Commissioner Ferguson was also concerned about setting a precedent On
parking space reductions.
Mr. McPhilips said the State wanted to see the local community make a contribution of
10 percent towards the total project cost. :If this were a $5M project they would be
looking for $500,000 of contributions from the City. They would prefer cash but
recognized that not all communities could afford such a cash contribution and accepted
other types of contributions. Tn revitalization areas the State allows the use of parking
density reductions as a contribution. He stated they were committing that Boynton
Terrace would stay affordable in nature on a fifteen-year basis and he thought that
would satisfy their need. ff they compromised, the project costs would have to be
lowered considerably and they would be unable to do many of the things they now plan
to do.
IVlr. Bressner referred to the site plan shown him by staff for this project. He asked if
the total square footage of the paved 84 space parking reduction would be converted
back into green space and a clubhouse? Ts that a square foot to square foot match? Ts
it that tight of a site plan? Mr. McPhilips said he did not believe so. Mr. Bressner stated
that the idea of providing some amenities and landscaping was a good one and that the
tax credit program would require them to hold the property available for income eligible
persons, probably using the HUD rent schedule for this particular metropolitan area for a
certain period of time. Also, he said, while it was probable that a number of residents
did not have cars, the City did not know that for sure. They did not know for a fact that
there would not be a parking problem. He did not have a high comfort level with one
parking space per unit based on those uncertainties. He believed an analysis of the
bedroom units needed to be done along with a survey of the actual ownership of cars in
the development to make sure a parking problem was not going to be created. Tt may
be that the formula could be in a range from 1.4 to :t.6. This could be balanced by
allowing credit on building permits, inspection fees, and other types of "soft" costs that
could allow the developer the opportunity to show a "cash type contribution" so the
developer and the City could achieve their aims. He wanted to make sure that a project
that upgraded the area did not cause problems to the adjoining property owners. He
believed they had applied the formula too drastically in bringing it down to one space
per unit on the supposition that there were not many people who had access to cars.
Mr. Bressner said it was a great project and needed to be looked at. He.asked the
Commission to allow Wilfred Hawkins, himself, and Quintus Greene to come up with an
alternate formula that would be available to meet the developer's timeline on the grant
application and come back to the Commission in two weeks with some answers. He
mentioned that the adjoining property owners had some legitimate concerns about
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
parking on their properties as well. He hoped that the City could come up with an
alternate formula that would meet the needs of the people, the developer, and the City.
Mr. McPhilips said they had to submit their application no later than February 12, 2001.
Mayor Broening had similar expectations and concerns and felt more time was needed
to arrive at an equitable conclusion. He liked the project and said it fitted the model of
the public/private venture that would move the City forward in the future.
Motion
Commissioner Ferguson moved to table Consent Agenda :Item D (2) until the next
Commission meeting. Commissioner Fisher seconded the motion with discussion. He
said that considering what the project could do for the community, he would be willing
to go a little below the 1.4 formula if necessary. He thought it was a great project.
Mayor Broening suggested that persons wishing to speak defer their comments until the
next meeting, but that he would allow anyone having an overriding reason to speak to
do so. The motion carried 4-0.
Margaret Newton, 701 N.W. 4th Street, stated that she heard the entire
conversation and that she was very concerned about density. She wanted to know what
would be going in when the parking spaces were removed? She heard the question
about green space and she heard an answer that was not an answer. Other cities were
moving away from huge areas with large conglomerations of people, and for the City to
move towards that under the guise of getting State money to rehabilitate the area was
fallacious, she said. She asked the City to be very careful about the density and what
was going to happen when the parking spaces disappeared. Mr. Bressner said there
would not be any additional dwelling units constructed. Ms. Newton said she wanted to
see it in written form, not just as an understanding.
Mayor Broening asked the other persons who had submitted cards if they wished to
speak.
Terry Pereira, Boynton Beach, said that as a homeowner in the area and speaking
for some of the older residents who lived there, one of the most important problems at
Boynton Terrace was the crime. Concerning the parking spaces, he stated that most of
the parking spaces were not used by the residents. He said a card-access gate was
needed on the property and that less room to park would tend to keep out the people
who did not need to be there. He said the traffic needed to be cut down and that the
parking would not be a problem, even with one space per unit. He stated it was a Iow-
income place and that the residents did not usually have even one car. The major
problem was drugs and if this variance would alleviate that or reduce it significantly, it
would be worth the trouble.
VT. Cl'TY MANAGER'S REPORT:
None
]]
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
VTI. PUBLIC HEARING: 7:00
AGENDA PERMITS
VIII.
IX.
P.H, OR AS SOON
None
FUTURE AGENDA ITEMS;
A. Proposed agreement
Development District
(.lanuary 16, 2001)
January 2, 2001
THEREAFTER AS THE
between City and quantum Community
for reimbursement of maintenance expenses.
B. Sausalito Place Agreement (January 16, 2001)
C. Christa McAuliffe Community Middle School Blue Ribbon Celebration Week
Proclamation (January 16, 2001)
D. Parking Space Code Amendment (January 16, 2001)
E. Orbit Night Club (January 16, 2001)
F. Future Annexation Areas (February 6, 2001)
G. GIS Presentation on February 12, 2001, with CRA, and Chamber of
Commerce
H. "Name Pond B" Contest
I. Outdoor Dining Ordinance (zoning text)
DEVELOPI4ENT PLANS:
None
NEW BUSINESS:
XI.
LEGAL:
A. Ordinances -- 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 000-74 Re: Amending
Chapter :[8, Article 11, Division 5, of the Code of Ordinances to
amend the investment policy of the General Employees' Pension
Plan, specifically amending Section 18-145, entitled "Investment
of Funds" by ratifying and adopting the terms of the investment
policy approved by the General Employees' Pension Board
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City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Attorney Cherof read Proposed Ordinance No. O00-74 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. The one person who had
submitted a card waived the opportunity to speak.
Motion
Commissioner Ferguson made a motion to approve Ordinance No. O00-74.
Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The
vote was 4-0.
Proposed Ordinance No. 000-75 Re: Amending
Chapter 18, Article II of the Code of Ordinances to provide
enhanced retirement benefits to the members of the General
Employees' Retirement Plan
Attorney Cherof read Proposed Ordinance No. 000-75 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
Motion
Commissioner Black made a motion to approve Ordinance No. 000-75. Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
Proposed Ordinance No. OO0-76 Re: Approving the
abandonment of a 30' roadway right-of-way for Bis Wholesale
Club
Attorney Cherof read Proposed Ordinance No. 000-76 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
Motion
Commissioner Black made a motion to approve Ordinance No. 000-76. Commissioner
Ferguson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
Proposed Ordinance No. OOO-77 Re: Amending
Chapter I, Article II, of Land Development Regulations of the City
of Boynton Beach, entitled "Definitions'; regarding the definition
of a billboard
Attorney Cherof read Proposed Ordinance No. 000-77 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING,
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City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Motion
Commissioner Ferguson made a motion to approve Ordinance No. 000-77.
Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The
vote was 4-0.
Proposed Ordinance No. 000-78 Re: Amending
Chapter 21, of the Land Development Regulations of the City of
Boynton Beach entitled "Signs'; to provide for clarification
Attorney Cherof read Proposed Ordinance No. 000-78 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
Motion
Commissioner Black made a motion to approve Ordinance No. 000-78. Commissioner
Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
B. Ordinances - 1st Reading
Proposed Ordinance No. 01-01 Re: Amending
Policy 1.9.5 and Policy 1.16.1 of the Future Land Use Element of
the Comprehensive Plan to allow for consistency with and further
goals and objectives of both the adopted comprehensive plan and
the Vision 20/20 Master Plan
Attorney Cherof read Proposed Ordinance No. 01-01 by title only.
Motion
i Commissioner Black made a motion to approve Proposed Ordinance No. 01-01.
I Commissioner Fisher seconded the motion.
i lVlr. Bressner commented that staff had presented a report that requested the date be
'changed from 2002 to 2003 and this was not included in the Ordinance as presented.
,He assumed that the Ordinance would reflect the 2002 date. There were other
recommendations made concerning non-substantive but clarifying language changes
that were in the December 14, 2000 memo. He asked that between now and the
second reading of the Ordinance, legal staff review those and determine whether they
'should be included in the second reading of the Ordinance.
~Commissioner Fisher asked why staff needed an extra year? IVlr. Rumpf stated that the
work was substantial in scope and that they had just started on the first project on an
:area that was not originally envisioned as having an overlay. There could be up to five
or six different areas and separate studies to be conducted. When they first started
drafting this language, they put a timeline out to 2005 and when it was presented,
14
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
everyone agreed it was too much time. A completion date of 2003 would allow two
solid years to complete all the projects and studies, and implement the regulations.
Commissioner Ferguson asked if the Ordinance had to do with changing densities?
IVlayor Broening replied that it could.
City Clerk Sue Kruse polled the vote. The vote was 4-0.
Proposed Ordinance No. 0:~-02' Re: Amendment of Comp
Plan Future Land Use Map to rezone from PCD to PUD for Wood
Partners
Attorney Cherof read Proposed Ordinance No. 01-02 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 0:L-02. Commissioner
Fisher seconded to allow discussion.
Commissioner Fisher said at the last Commission meeting this had been approved and
now it was appearing at first reading? Mr. Bressner said the actual next step would be a
Site Plan. Commissioner Fisher said it referenced a memo that he did not have. Mr.
Bressner said it was in the last agenda packet and that it had been a recap of staff's
recommendations concerning the rezoning request from a Commercial Planning
Development to a Residential Planned Development.
City Clerk Sue Kruse polled the vote. The vote was 3-1, Commissioner Black dissenting.
Proposed Ordinance No. O:L-O3 Re: Amendment of
Comp Plan Future Land Use Nap from Local Retail Commercial
(LRC) to High Density Residential (HDR) for Wood Partners
j Attorney Cherof read Proposed Ordinance No. 01-03 by title only.
;Motion
i Commissioner Ferguson moved to approve Proposed Ordinance No. 01-03.
i Commissioner Fisher seconded the item for discussion.
i Commissioner Fisher asked Mr. Rumpf about the amount of traffic that went through the
i area and whether there were plans for traffic calming on that road? Mr. Rumpf said
~lthere were no plans at this time and that they were in the process of establishing a
I Traffic Calming Procedure and Plan.
City Clerk Sue Kruse polled the vote. The vote was 3-1, Commissioner Black dissenting.
15
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Proposed Ordinance No. 01-04 Re: Approval of
Planned Commercial Development (PCD) master plan for B.Ys
Wholesale Club
Attorney Cherof read Proposed Ordinance No. 01-04 by title only, questioning the
language in the title where it said "...rezoning from planned commercial development to
planned commercial development"? Mr. Rumpf said that was correct and that major
IVlaster Plan modifications were technically rezonings, even though they stayed as PCD's.
Notion
Commissioner Black made a motion to approve Proposed Ordinance No. O:L-04.
Commissioner Ferguson seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was 4-0.
Proposed Ordinance No. 0:1.-05 Re: Approval of
major master plan modification/rezoning to allow for the
construction of an additional 3,000 square foot retail building for
Boynton Shoppes PCD
Attorney Cherof read Proposed Ordinance No. 01-05 by title only.
Motion
Commissioner Black made a motion to
Commissioner Fisher seconded the motion.
vote was 4-0.
approve Proposed Ordinance No. 01-05.
City Clerk Sue Kruse polled the vote. The
Proposed Ordinance No. 01-06 Re: Approval of
abandonment of 20-foot utility easement between lots 60 and 61
in the Quantum Park PTD for Grotto Bay @ Bermuda Place
Attorney Cherof read Proposed Ordinance No. 01-06 by title only.
Motion
Commissioner Black made a motion to
'Commissioner Fisher seconded the motion.
'vote was 4-0.
approve Proposed Ordinance No. 01-06.
City Clerk Sue Kruse polled the vote. The
Proposed Ordinance No. 01-07 Re: Approval
Code Compliance Board lien reduction procedure
of
Attorney Cherof read Proposed Ordinance No. 01-07 by title only.
Motion
16
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
January2,2001
Commissioner Black made a motion to approve Proposed Ordinance No. 01-07.
Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The
vote was 4-0.
8. Proposed Ordinance No, 01-08 Re Approval of
Proposed Organizational Chart
Attorney Cherof read Proposed Ordinance No. 01-08 by title only.
Motion
Commissioner Black made a motion to approve Proposed Ordinance No. 01-08.
Commissioner Fisher seconded the motion.
Mayor Broening noted that there was a straight line on the organization chart that went
from the Advisory Boards to the City Manager. He said that it should be under the
Commission rather than the City Manager and he proposed this as an amendment to
Proposed Ordinance No. 01-08. Commissioner Fisher commented that the liaisons
reported to the City Manager and the City Manager forwarded things on to the City
Commission. Mayor Broening said that may be so as a practical, administrative matter,
but he was speaking of the matter of control which he believed should remain with the
Commission. Mayor Broening stated he believed it was the duty of the Commission, via
the Charter, to have appointment and oversight responsibility regarding the Advisory
Boards.
Commissioner Black amended his motion to include putting the Advisory Boards under
the Commission. Commissioner Ferguson seconded the amended motion. City Clerk
Sue Kruse polled the vote. The vote was 4-0.
CI Resolutions:
None
D. Other:
None
XII. UNFINISHED BUSINESS:
None
XIII. OTHER:
A. Informational Items by Members of the City Commission
17
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
Commissioner Ferguson wanted to address an error he had made in a vote at the last
City Commission meeting on the Special Taxing District for the Fire Department. He had
been under the mistaken impression that the taxing district would not encompass the
entire City. When he learned after that vote that it did, he realized he had voted
incorrectly. The Mayor thanked Commissioner Ferguson and said his remarks were
refreshing.
Xl'V. AD.1OURNMENT:
There being no further business to come before the Commission, the meeting was duly
adjourned at 8::t5 p.m.
t8
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
Januaw 2,2001
ATTEST
i~Qerk
Recording Secretary
(two tapes)
C1TY OF BOYNTON BEACH
I~yor [ '
Commissioner
Commissioner
Commissioner
19
Mr. Commissioner
Ladies and Gentlemen
It is my pleasure to have an opportunity to share with you the accomplishments
and goals of the human resource department over the past year.
Our mission is to serve you, the citizens, by bringing outstanding, talented
personnel on board, and to provide quality leadership which ensures high quality
service.
Our mission, is to deliver the best possible service to both our internal and
external customers.
Our organization serves over 800 employees in the city
Each area functions in a manner that provides benefit to the employees and serves
the public by providing opportunities for employment, and recruiting talented
personnel.
Administration includes compensationand job classifications
Recruitment and selection focuses on identifying the best talent available in the
market place and bringing this talent to the City
Benefits ensures that employees are afforded the best possible advantages in
health and other areas
Records Management controls the data, records, and files of the over 800
lemployees in the City
Professional Development, our newest addition, provides the opportunity for
employees to achieve cutting edge skills and knowledge programs for on-the-job
and career development
CuStomer Service: We reach out to a large number of personnel and citizens through
ourifive departments. We interface with all departments in the City to communicate the
i
beniefits program, and we advertise our career opportunities to our employees and to all
citizens. We promote an equal opportunity environment.
ReCruitment and Selection. To ensure that we provide the very best talent to the City,
we ;onsistently use all available media, newspapers, brochures, job lines, community
distribution etc. to recruit and select our employees, many of whom are from right here in
the City of Boynton Beach.
Personnel Records and Maintenance, All personnel data, including payroll, and
per=~onnel information must be maintained in a manner that meets legal, state, and
fed{;ral standard, and is easily retrievable. Using a state-of-the-art microfilm document
ima;ling system, our department is currently maintaining up to the minute files and
acc~ rate records for all of the City's employees .
. This information is available to the
employee at any time on a business day.
i
ClaSsification and compensation. Human Resources analyzes the pay classifications
thr°~Ughout~ the City continuously. The City maintains parity and equity internally and
externally with the labor market. Using market surveys, we compile job specifications and
deslgn pay plans that are competitive with other Florida cities.
Bedefits Administration: There are over 20 benefit programs, including health options,
Iinsurance, retirement, and financial planning which are administered and maintained
for the benefit of our employees.
Lab~or Relations: The City has 6 labor unions, each of which is subject to a unique set of
poli~ies and procedures. Human Resources plays a major role in the collective bargaining
team process and is responsible for the administrati°n of contract agreements.
Professional DeVelopment's cutting edge program provides employees with an
opportunity to increase their skills and knowledge, to achieve appreciable self
development, and to pursue their career aspirations. Employees are encouraged to
establish qualifications through the acquisition of Certification and Degree programs
throUgh higher education institutions.
Recruitment: In the last 12-month period we have achieved a high level of success in
bringing on board highly qualified executives. The quality leadership which they bring to
the City will ensure success in promoting and maintaining a high quality of life standard
for our citizens.
Recruitment of Police Officers. The City has recruited some of the best on the force
and maintained a stable environment for those in active service. Seeking out and
recruiting a talented force promotes a safe environment for our citizens.
Crisis Management. During the Hurricane season, Professional Development
partnered with the Red Cross to instruct employees in safety measures in the event of a
storm. The department prepared and distributed disaster relief informational brochures
which were made available to citizens through the City Hall Lobby and the Library.
Labor Relations; Successful negotiations have been concluded for collective
bargaining contracts with two of our unions and we will ratify a third at the next
Commission meeting. Human Resources adopts a pro-active approach in negotiating
and settling all union contracts.
Professional Development has introduced a state-of-the-art program to employees
Which includes citywide, on-site training, improved tuition reimbursement, certification
incentives, and career development opportunities. By enhancing our employees' skill
levels, our customers will benefit from superior quality service and enhance their quality
of life.
Human Resources plans to establish a fully automated electronic job
application system. Candidates will be able to complete all necessary forms
over the internet from the comfort of their homes at any hour of the day or
night, or to use the many computers throughout the City, in the library and
within City Hall, to submit their completed applications for career opportunities.
Job Fair The Human Resource department will form a coalition with other
organizations to sponsor an annual job fair where citizens can spend the day
getting acquainted with the career opportunities available in the city. They will
be able to complete job applications on the spot, and have all their questions
answered by experts in their field.
Humana Resources plans to establish kiosks throughout the city which will
allow employees to access benefits and other information line. This will
reduce the need for employees to visit the Human Resource department and
provide them with instant responses to their enquiries.
Pay for Performance. Employees will be rated on the level of their
performance and will be compensated accordingly. This incentive will inspire
employees to go beyond the call of duty and to render superior service to
internal and external customers.
AGENDA ITEM V. D. 1.
LOt 37 Block 3 (Lake Addition to Boynton Beach)
FRONT FOOTAGE FOR HOMES ON NE 9th AVENUE
BETWEEN FEDERAL HIGHWAY AND NE 7TM STREET
South Side of Street
North Side of Street
616 NE 9th Ave 65'* 615 NE 9th Ave 78'
620 NE 9th Ave 90'* 621 NE 9th Ave 75'
630 NE 9th Ave 100'* 629 NE 9th Ave 75'
638 NE 9th Ave 90'* 641 NE 9th Ave 175'
Vacant Lot 60'* 647 NE 9th Ave 75'
704 NE 9th Ave !10'* 707 NE 9th Ave 100'*
710 NE 9th Ave 90'* 711 NE 9th Ave 50'*
714 NE 9th Ave 75'* 715 NE 9th Ave 50'*
722 NE 9th Ave 75'* 719 NE 9th Ave 62'*
728 NE 9th'Ave 90'* 723 NE 9th Ave 68'*
734 NE 9th Ave 60'* Vacant Lots 120'*
Legal Descriptions and Front Footages Were Verified by Homestead Receipt,
Property Tax Statement, Survey, or City Records
The italicized addresses 711, 715, 719, and 723 NE 9th Avenue were all
acquired at the same time for development. They include lots 37, 38, 39, 40,
and the West 30' of lot 41 as indicated on the attached plat. Since individual
lots measure 50 feet by 122.54 feet, this represents a total of 230 front feet.
Residence 723 has a front footage of 68' (the West 30' of Lot 41 and the
East 38' of Lot 40) as verified by their survey. That leaves 162 feet.
Residence 719 was developed on a 62 foot lot to create the minimum
acceptable lot size of 7,500 square feet (122.54 X 62 = 7,597.48 sq. ft.).
That leaves 100 front feet out of which the developer chose to create two
non-conforming lots.
Address 711 NE 9th Ave., Lot 37, is the subject of this evening's agenda
item. Since this lot was the first of these lots to be de-mucked, it is obvious
what the developer'.s strategy was from the very beginning. From day one
they fully intended to do exactly what they did - - build two homes on the
smallest lots possible and then build the third as a developer's exception on a
50 ft. lot, not requiring any public notice or variance. That left the final 50
ft. lot, the first one they de-mucked, for which they are now requesting a
variance.
It is unfortunate that the developer and the City's Building Department did
not work together, in the spirit of downtown redevelopment, to build homes
on these lots that were, at the very least, consistent with our neighborhood.
This developer could easily have divided these 230 front feet into three lots
that would have been much more consistent with an average lot size of
around 75' for this street, as indicated on the attached plat. Instead the
~ builder chose to develop these lots by building smaller houses on smaller
,lots so as to create the two non-conforming lots. Apparently there is
more development profit to be made by creating non-conforming lots so
you can build more houses on them.
I sincerely hope that our City Commission will recognize this greed-based
.strategy for what it is. Please allow this lot to remain unbuildable. Dina
iL..Castellano, the owner of adjacent property 715 NE 9~ Ave. has indicated
that she would welcome the opportunity to purchase this lot so that her own
home will no longer be the one non-conforming lot on our street.
Alternately, it might also be a nice location for one of Dan DeCarlo's
. neighborhood gardens.
Rather than overlooking the concerns of our neighborhood and rewarding
the greed of this developer, I would ask that you seek whatever remedies, or
,penalties are spelled out in our City Ordinances for developers that
i intentionally create non-conforming properties in order to line their own
i pockets. There are still groups of undeveloped lots to the North and South
l of our street. I believe that Susan Gayhart and Fairway Isles, Ltd. have an
!ownership interest in some of these lots as well. I would also ask that you
i review our City Ordinances so that greedy developers will not be able to
i adversely impact these areas, or other neighborhoods the way that Susan
! Gayhart and Fairway Isles, Ltd. have impacted ours.
Thank you for your consideration.
BOYNTON BEACH CITY COMMISSION MEETING
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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
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If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
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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
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Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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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
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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
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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
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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
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Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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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 services 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
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Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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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, pro§ram~ 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
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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
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made, which record includes the testj~nony and evidence upon which the a~eal 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 an~/enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at l~a~t~ twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
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will need a record of the proceedings and, for such purpose, he/she may need tbkensure that a verbatim record of the proceedings is
made, which recOrd includes the testimony and evidence upon which the appeal is th~be.based. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services where necessary tb 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.