Minutes 03-06-01MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MARCH 6, 2001 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
R0nald Weiland, Vice Mayor
Mike Ferguson, Commissioner
ABSENT
Kurt Bressner, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
BF
Mayor
~ce Black, Commissioner
~arlie Fisher, Commissioner
OPENINGS:
Call to Order- Mayor Gerald Broening
Invocation - Mayor Gerald Broening
Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland
Broening called the meeting to order at 6:37 p.m.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE REQUEST FORM
· Green Card for Agenda Items
· Yellow Card for Non-Agenda Items
· 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
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
C(,mmissioner Ferguson moved to approve the agenda. Vice Mayor Weiland seconded
the motion that carried unanimously
I1.
PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
(Yellow Card)
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Sgt. Charles T. Kuss of the City of Boynton Beach Police Department said he was
present tonight to present a few issues regarding the Sergeants' Union negotiations with
the City for a contract for the year 2000/2001. The City has been served with a notice
of iimpasse because the negotiations have not come to fruition. The City was notified in
February 2000 by the Sergeants' Union of the issues that they wished to negotiate. Sgt.
KUss pointed out that there is no pay plan for the Sergeants and this has caused some
inequities that need to be resolved by negotiations.
SOmetime ago the Police Sergeants were separated by grade from the Fire Lieutenants,
which resulted from a pay plan study, and historically, Police Sergeants and Fire
Lieutenants have always been the same pay grade. The Sergeants have made
requests several times for the paperwork documenting the separation and have not
received the requested information to date. The Sergeants' Union has been more than
fle~xible and has been bargaining in good faith for over a year. Sgt. Kuss requested that
th~ Commission and citizens urge the City Manager to settle the contract as soon as
pclssible.
H~rb Suss noted that there was a recent newspaper article regarding the Library
Diiector and stated he is very proud of the 'City's Library. The article also praised Mr.
Wilfred Hawkins, Assistant City Manager, which made him proud of the City.
Mi. Suss does not want to see the greenery in the City used up by development and
feels the City needs more recreational areas. He noted that there are 2,000 additional
al~artments going up in the City and he does not want the City of Boynton Beach to
as~sume the Ft. Lauderdale look by adding 10 and 15-story buildings.
M~. Elsie Wright from Briny Breezes is concerned about the construction taking place
aclroSS the Intracoastal on Federal Highway, south of Woolbright. She noted that a
huige apartment complex is going up and they have bulldozed all the trees, thereby
reducing the bird population. Ms. Wright requested to know the name of the developer
an!d what their plans are. Mayor Broening informed Ms. Wright that someone from staff
would speak to her at the end of the meeting.
MS. Stephanie Mingo-McCoy, Chairperson of the Black Awareness Celebration
2I
001 on behalf of the Black Awareness Committee, was here tonight to present
Certificates of Appreciation to the Mayor and Commissioners for their assistance in the
best ever Black Awareness Celebration in the City. Ms. McCoy also thanked staff and
allIthe volunteer citizens that donated their time to make the celebration such a success.
certificates of Appreciation were presented to Mayor Gerald Broening, Commissioner
Mike Ferguson and Vice Mayor Ron Weiland. Vice Mayor Ron Weiland stated on
behalf of the Mayor and the Commission he was very proud to be a part of the Black
Awareness Celebration this year and will continue to bring the Celebration to the City
every year.
2
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
A Certificate of Appreciation with special thanks was presented to City Manager Kurt
Bressner for his assistance throughout the entire event. Certificates were also
presented to Wally Majors, Recreation Director and to Chief Marshall Gage on behalf of
the Police Department.
certificates of Appreciation will also be presented to Commissioner Bruce Black and
COmmissioner Charlie Fisher, who were not present tonight, as well as Assistant City
Manager, Wilfred Hawkins.
Mr, Steven Bell, 133 S. 11th Street, Lantana said that Quantum Park contains one of
the rarest unique life events on the planet, which is where scrub and semi-desert meets
fresh-water marsh. There is barely 1% left of this in the County. Quantum Park has
been on the County land acquisition plan for three years and representatives of
QUantum have been approached by the County's Nature Conservancy to purchase the
most environmentally sensitive areas of Quantum Scrub and have been refused. Mr.
Bell said that this land needs to be preserved for future generations. Forty percent of
plants and animals on the Florida scrubs are found nowhere else in the world and we
are killing them off. Mr. Bell urged the City not to let this last piece of rare land be lost to
developers.
Ms. Beverly Agee, 832 SW 33rd Place, Boynton Beach announced that the League of
wbmen Voters, South Palm Beach Chapter, will be holding a Candidates Forum in the
COmmission Chambers on Thursday, March 8th at 7:00 p.m.
Illi
ADMINISTRATIVE:
A. Accept resignation of Linda Sojka, Regular Member of the Firefighters
Pension Board
MOtion
ViCe Chair Weiland moved to approve.
add unanimously carried.
Motion seconded by Commissioner Ferguson
Accept resignation of Mike Fitzpatrick, Regular Member of the Recreation
& Parks Board
MOtion
COmmissioner Ferguson moved to approve.
anld unanimously carried.
Motion seconded by Vice Mayor Weiland
3
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Appointment
To Be Made
Appointments to be made:
Board
Length of Term
Expiration Date
Mayor
I
II
MayOr
II i
Ma ~or
Ma ~or
Al
IV
Weiland
Fisher
Broening
Weiland
Black
Broening
Black
Fisher
Broening
Broening
Advisory Bd. On Children & Youth
Bldg. Board of Adjustment & Appeals
Community Relations Board
Community Relations Board
Employees' Pension Board
Firefighters' Pension Board
Library Board
Nuisance Abatement Board
Nuisance Abatement Board
Recreation & Parks Board
appointments were tabled.
ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
None
B. Presentations:
1. Proclamations:
Alt 1 yr term to 4/01 Tabled (3)
Alt i yr term to 4/01
Alt :L yr term to 4/01 Tabled (3)
Alt 1 yr term to 4/01 Tabled (2)
Reg 3 yr term to 4/01
Reg 2 yr term to 4/01
Alt 1 yr term to 4/01 Tabled (3)
Reg 2 yr term to 4/02
Alt I yr term to 4/01
Reg 3 yr term to 4/03
None
Presentation of Certificate of Appreciation from the U.S.
Department of Commerce, Bureau of the Census, by the
Department of Development of the City of Boynton Beach
City Manager Bressner presented the Certificate of Appreciation
D~partment of Commerce, Bureau of the Census, to Mayor Broening.
V.i CONSENT AGENDA:
from the U.S.
Minutes:
1. Minutes of Regular City Commission Meeting of February 20, 2001
4
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Bids - Recommend Approval - All expenditures are approved in the 2000-
2001 Adopted Budget
Extend the "THREE YEAR CONTRACT FOR FINANCIAL
AUDITING SERVICES" contract for an additional two year period to
Ernst & Young, LLP for the fiscal years ending 9-30-01 and 9-30-
02, RFP #043-1410-01/KR- Proposed Resolution No. R01-51
Confirm the prior approval/appropriation of up to an additional
$100,000 in additional engineering and inspection fees for Post
Buckley Schuh & Jernigan for the Gateway Boulevard Improvement
Project
Resolutions:
Proposed Resolution No. R01-39 Re: Releasing
the restoration surety on Fosters Mill Project (aka Foster Farm
PUD; fka Summers Mill, a PUD) in the amount of $252,962.60
Proposed Resolution No. R01-40 Re: Approving a
Special Warranty Deed conveying title to Derek and Tracy Wiley for
Lot 62, less the west 10', Lot 63, and the west 20' of Lot 64, Cherry
Hills, as recorded in Plat Book 4, Page 58, of the Public Records of
Palm Beach County, Florida
Proposed Resolution No. R01-41 Re: Approving
the release of surety refunds on the Home Depot Expo Design
Center #3609 ($117,954.65 in Letters of Credit and $13,176.13 in
cash surety)
4. IntentionallyJLeft Blank
Proposed Resolution No. R01-42 Re: Approving
the release of surety on WAL-MART SuperCenter #2789-00
($201,888.50)
Proposed Resolution No. R01-43 Re: Authorizing
the execution of Task Order #01-01 in the amount of $72,076 with
Metcalf & Eddy for engineering services related to NE 12th Avenue,
drainage improvement and seawall replacement
Proposed Resolution No. R01-44 Re: Approving
the reduction in surety for the project known as Wal-Mart
SuperCenter from the original amount of $305,330.30 down to
$15,260
5
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Proposed Resolution No. R01-45 Re: Authorizing
the placement of liens against properties with unpaid lot mowing
charges
Removed for discussion at the request of Commissioner Ferguson.
Proposed Resolution No. R01-46 Re: Authorizing
and directing the Mayor and City Clerk to execute an agreement
between the City of Boynton Beach and Edward W. Bieluch, as
Sheriff of Palm Beach County, Florida, providing for the creation of
a Public Law Enforcement Insurance Combating Auto Theft Task
Force (PLICAT)
10.
Proposed Resolution No. R01-47 Re: Approving
the agreement between the City's G.A.L.A. Committee and Sheldon
Amusements for the amusement company to plan, organize and
implement rides in the Kids Korner area for the period of three
days, March 16-18, 2001
11.
Proposed Resolution No. R01-48 Re: Approving
the security agreement for the 2001 G.A.L.A. event for the period of
March 15 through March 18, 2001 with Statewide Enterprises
Custom Security Solutions for 295 hours of special event security
for a total cost of $4,617.50
12.
Proposed Resolution No. R01-49 Re: Approving a
full release of surety for the project known as Carriage Gate PUD in
the amount of $11,962.07
13.
Proposed Resolution No. R01-50 Re: Authorizing
execution of a proposal for the distribution of the 9-1-1 funds for
dispatcher salaries
14.
Proposed Resolution No. i Re: Ratifying the
collective bargaining agreement with Lieutenants FOP.
D. Ratification of Planning & Development Board Action:
Ideal Paint & Body, Inc. - 610 Industrial Avenue - Request for
approval of a site plan modification to construct a 1,600 square foot
addition to an existing paint and body shop use.
Outpatient Clinic - 2401 S. Seacrest Boulevard - Request for
approval of a site plan modification to construct a 2,900 square foot
medical office building on a 0.72-acre lot.
6
Meeting Minutes
Regular City Commission
BOYnton Beach, FL
March 6, 2001
Attorney Cherof reported that the applicant requested the matter be tabled until the April
3, 2001 meeting.
D6cor Elements/Furnishings (Ed Carey Design) - Quantum PID
- Request to amend the current list of approved uses in the
Quantum Park PID to allow design, manufacture, storage and
distribution of d~cor elements and furnishings on lots classified for
office and industrial.
Authorize the purchase of landscaping services-with a .combined cost of
up to $20,000 from Vila & Sons Landscaping who has been awarded
County Bid #99-052. This authorization will be used to issue Purchase
Orders to complete several approved Neighborhood Projects.
Approve extension of the Land Development Permit for the East Ridge
PUD
G. Approve waiver of the permit fees for the Boynton Terrace Project
Affirming the City Manager's appointment of Paul M. Fleming as Senior
Project Manager for the Engineering Department
Motion
Vice Mayor Weiland moved to approve the Consent Agenda, as amended. Motion
seconded by Commissioner Ferguson and unanimously carried.
CONSENT AGENDA ITEMS FOR DISCUSSION:
C.8. Proposed Resolution No. R01-45 Re: Authorizing
the placement of liens against properties with unpaid lot mowing charges
Commissioner Ferguson pointed out that the information contained on the agenda item
indicates that the charges for foreclosing of the vacant lots would exceed the lot mowing
amounts and therefore he would like staff to explain why these fines are imposed if they
are never collected.
Scott Blasie, Code Compliance Administrator pointed out that the City Ordinance allows
the City to either foreclose or pursue payment through the courts. The City usually will
collect the charges when the property is sold. Mr. Blasie stated that there are several
lots in the City that have a great deal of lot mowing liens and although it is a
burdensome process, this is the only way to get these lots mowed since the citizens
living next door to these lots complain.
Attorney Cherof reported that by perfecting liens in this manner, the City takes first
priority. Therefore, if the property is either sold or refinanced, the City gets paid.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Motion
Commissioner Ferguson moved to approve Item C.8. Motion seconded by Vice Mayor
Weiland and unanimouSly carried.
D. 2. Outpatient Clinic - 2401 S. Seacrest Boulevard - Request for
approval of a site plan modification to construct a 2,900 square foot
medical office building on a 0.72-acre lot.
MOtion
COmmissioner Ferguson moved to table Item D.2. until April 3, 2001. Motion seconded
by Vice Mayor Weiland and unanimously carried.
Vii CITY MANAGER'S REPORT:
Presentation by Public Works regarding procedures for handling storm
related debris removal- Jeff Livergood, Public Works Director
Mr. Livergood took the podium and discussed the approaching hurricane season, which
bbgins in June. Timing for disaster response and recovery is an ongoing effort of all
Ci!y staff. The Public Works Department considers advance planning essential in order
toiidentify community needs. In the event of a hurricane or other type of natural disaster,
it i~s critical for police, fire and other emergency vehicles to move throughout the City.
The first priority of Public Works is to clear the streets. Well in advance of a hurricane,
staff will be evaluating the various components, which are eSsential. The City has
cC~ntracts with other entities to provide additional manpower and equipment if
necessary. Supplies will be requisitioned and stocked and hurricane shutters are
installed on City buildings. The City also has a number of remote sites throughout the
coimmunity to pre-place equipment. Alternate sites for the placement of debris will be
lined up, which will be made available to the public.
ML Livergood also reported on other actions and steps that will be taken by Public
W~rks, as well as insuring that employees' essential needs are taken care of. Planning
is essential. After the planning stage, you move to the response phase, which is
typically the first 12 hours following a storm event. The City will be working with EOC
Cqunty and State coordinators.
Af
yo
CO
n6
FE
is
:er the 12-hour initial response phase, the next phase is recovery. This means that
u move from crises mode to planned crises mode. Conditions are evaluated and the
mmunity assessed. The City has to insure that resources are provided where most
eded. Lastly, it is very important that the correct paperwork is completed so that the
deral Emergency Management Agency (FEMA), which provides disaster assistance,
)rovided with proper documentation.
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
In summary, Mr. Livergood pointed out that Public Works, although a small component,
is of great importance in the operations to insure that all other departments can respond
to the needs of the community.
Mayor Broening asked what the reimbursement rate of FEMA was and Mr. Livergood
responded that FEMA will pay 75% and there is some disaster assistance from the
state, which would increase the reimbursement rate up to approximately 87%.
Mayor Broening also inquired if the areas where materials would be staged have been
identified? Mr. Livergood said that there are places within the City limits that have
already been identified. Waste Management and the South Florida Solid Waste
Authority also provide alternative locations to bring materials.
B. Proposed Refinancing of 1992 Utility Bond Issue -- Authorization to
Proceed With Project by Motion
MT. Bressner reported that the City has an opportunity to refinance the 1992 water and
sewer revenue bond considering the direction the current bond market is taking. If the
interest rates are in the range of 5.25% or 5.5% or more, this would be a good time for
the City to refinance those bonds. $22 million is outstanding on the 1992 issue, and if
the City refinanced, the City would be able to net out $1.5 million to $1.6 million. Mr.
Bressner requested that the Commission authorize staff to continue to pursue
refinancing the 1992 water and sewer revenue bond.
Mayor Broening asked if there were any plans to utilize these funds. Mr. Bressner
steted there were none at the present, but the funds would be available preferably in
2002.
MOtion
C(
ar
At
Lt
pu
sh
la,,
~mmissioner Ferguson moved to proceed. Motion seconded by Vice Mayor Weiland
d unanimously carried.
~orney Cherof requested that the Commission refer back to the Consent Agenda to
lect a correction that Item C.14 (the proposed Lieutenants' Bargaining Agreement)
ould not have been on the agenda since the document is not ready.
Chris Yannuzzi of the Boynton Beach Police Department requested to address the
Immission. Lt. Yannuzzi was under the impression that this item was going to be
lied from the agenda, but wanted to insure that it was part of the public record that it
ould not have been part of the consent agenda. Lt. Yannuzi stated that following their
~t negotiation session in mid-December, a tentative agreement was reached. On or
al:,out the 15th of January because the agreement appeared to be tentative, the
Li~;utenants entered into a good faith letter with regard to permitting the Police Chief to
change the work schedule for Lieutenants from an 8-hour day to a 11¼ hour day. It
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
was anticipated that the contract would have been ratified in February and now it is
March. However, on Friday, Lt. Yannuzzi stated he received .a draft agreement that
contained language that had never been discussed at the table. The sessions are
taped and are available for anyone who wished to listen to them.
Ltl Yannuzzi wanted it known that the Lieutenants of the FOP were prepared to sign an
agreement, but some wording was put into the latest draft that is detrimental to the
Pension of those officers who have reached 20 years and also with regard to retro-
activity. It had been agreed to at the table that all of the contract would be retroactive to
October 1,2000.
Mayor Broening inquired if any action was necessary. Attorney Cherof replied that the
rebord is clear that the item is not part of the Consent Agenda and that it will be on the
next Commission agenda.
VIII.
PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
None
FUTURE AGENDA ITEMS:
Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) -
(March 20, 2001 or April 3, 2001)
Process for Artwork in City - Commissioner Fisher (March 20, 2001 or
April 3, 2001)
Review Proposal for Dog Park Sites - Commissioner Black (March 20,
2001 or April 3, 2001)
D. Conditional Use Approval for Orbit (April 3, 2001)
E. Future Annexation Areas (April 2001)
F. Status report on new meeting schedule for advisory boards (May 2001)
G. Review long-term water production needs of City
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Discuss Railroad Crossing Issues
10¸
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Mr. Bressner requested that Mr. Livergood present a summary of his findings on the
status of whistle bans, both within the State and nationally. Mr. Livergood
acknowledged that whistles blowing are quite annoying to the residents living in the
vicinity of the trains.
In 1984 the State of Florida passed a law allowing municipalities to pass an
ordinance that would ban nighttime whistles from the hours of 10:00 p.m. to 6:00
a.m. A lot of municipalities adopted this ban, as well as Boynton Beach in 1986.
By 1990, 511 out of 600 gate-equipped crossings were affected by nighttime whistle
bans, which got the attention of the Federal Railroad Administration (FRA). The
FRA was concerned about the impact of the whistle ban in Florida.
In 1995 the FRA completed an analysis of the whistle ban in the State of Florida that
showed that the accident rates increased significantly during the nighttime hours, but
did not increase during the daytime hours.
The FRA opined that there was a correlation between the nighttime whistle bans and
the fact that whistles could be blown during the day.
In 1999 the FRA issued a rulemaking to make it a national law that whistles at all
crossings throughout the United States be blown and that whistle bans would no
longer be permitted.
The FRA has developed supplemental safety measures, but they have not been
adopted as yet. The safety measures being proposed are-
1. Complete closure of grade crossings;
2. Four quadrant gates with and without detection;
3. Four quadrant gates with medians and medians alone;
4. One-way streets with gates;
5. Photo enforcement and education;
The cost of these measures could vary from $10,000 for a barrier median and up to
$8i00,000 for quadrant gates.
In lorder to consider the solutions available, it is staff's recommendation that the issue
beI looked at in much more depth. Staff recommends that we proceed immediately with
diagrams, researching accident rates at each grade crossing, and evaluate the safety
measures that are available. From the information gathered, staff could develop a Iong-
rahge plan.
Alfred Magro, 510 SE 27TM Way, Boynton Beach stated he lives parallel to the train
tracks and is only 100' from the tracks. Mr. Magro feels that this is a health issue and
that there are many senior citizens in the City, and when the trains blow their whistles, it
affects people's blood pressure and a lot of sleep can be lost. He further stated that the
engineers are blowing the whistle way in advance of the crossing.
B. Schedule Special City Commission Meeting to Accept the Election
Returns
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Mayor Broening requested that this meeting be scheduled immediately following the
Commission's Agenda Preview Meeting scheduled for Thursday, March 15th at 5:00
p.m.
Motion
Commissioner Ferguson moved for approval.
and unanimously carried.
C.
Motion
Motion seconded by Vice Mayor Weiland
Approve Proposed Community Activity Grants
Commissioner Ferguson moved to approve the Community Activity Grants.
seconded by Vice Mayor Weiland and unanimously carried.
Mayor Broening announced the grants as follows:
Mayor Broening:
Vice Mayor Weiland:
Commissioner Ferguson:
LEGAL:
A.
XI.
Motion
$5,000 to the City of Boynton Beach Animal Control
for a security fence.
$5,000 to the City of Boynton Beach to purchase a
clock.
$1,500 to the PAL Program.
$1,500 to the PAL Program.
$3,000 to the City of Boynton Forest Park School park
for playground equipment to augment a $12,000
budget item.
$4,000 to the Library for a teen literacy program.
Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 01-12 Re: Amending
the City of Boynton Beach Code of Ordinances to change the
Senior Advisory Board meeting schedule from monthly to quarterly
Attorney Cherof read Proposed Ordinance No. 01-12 by title only.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-12. Vice
Mayor Weiland seconded the mOtion. City Clerk Kruse polled the vote. The vote was
unanimous.
Proposed Ordinance No. 01-13 Re: Amending
the City of Boynton Beach Code of Ordinances for Planning &
Development Board members regarding the fourth Tuesday of each
month
Attorney Cherof read Proposed Ordinance No. 01-13 by title only.
MOtion
COmmissioner Ferguson moved to approve Proposed Ordinance No. 01-13. Vice
Mayor Weiland seconded the motion. City Clerk Kruse polled the vote. The vote was
unanimous.
B. Ordinances - 1st Reading
Proposed Ordinance No. 01-15 Re: Amending Chapter
18, Article III, Pensions for Police Officers, Section 18.166 allowing
the fund to invest up to 10% in foreign stocks at cost
Attorney Cherof read Proposed Ordinance No. 01-15 by title only.
MOtion
COmmissoner Ferguson moved to approve Proposed Ordinance No. 01-15. Vice
Mayor Weiland seconded the motion. City Clerk Kruse polled the vote. The vote was
unanimous.
Proposed Ordinance No. 01-16 Re: Amending Land
Development Regulations as follows: Chapter 2 Zoning, Section 6.
Commercial District Regulations and Use Provisions; creating a
new Section 17 entitled "Sidewalk Caf6s"
Attorney Cherof read Proposed Ordinance No. 01-16 by title only.
MOtion
Commissioner Ferguson moved to approve Proposed Ordinance No.
Mayor Weiland seconded the motion. City Clerk Kruse polled the vote.
unanimous.
01-16. Vice
The vote was
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Proposed Ordinance No. 01-17 Re: Amending the Land
Development Regulations, Chapter 2. Section 6 A.I. to allow
photography studio services as a permitted use in the C-1, Office
and Professional Commercial zoning district
Attorney Cherof read proposed Ordinance 01-17 by title only.
MOtion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-17. Motion
seconded by Vice Mayor Weiland. City Clerk Kruse polled the vote. The vote was
unanimous.
C. Resolutions:
None
D. Other:
1. Intentionally left blank
Approve the mediated settlement with plaintiff in Case #99-
008757AE (Teresita Rivera v. City of Boynton Beach) in the amount
of $23,100
MOtion
COmmissioner. Ferguson moved for approval.
an!d unanimously carried.
3.
Motion seconded by Vice Mayor Weiland
Approve the mediated settlement with plaintiff in Case #CL00-
2108AJ (Ronika Copeland v. City of Boynton Beach)in the amount
of $11,250
MOtion
Cbmmiss oner Ferguson moved for approval.
add unanimously carried.
XIi. UNF:INISHED BU$1NF$$:
XI/I. OTHER:
Motion seconded by Vice Mayor Weiland
A. Informational items by members of the City Commission
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
Status Report on Possible Improvements to Girl Scout Park
presented by John Wildner Requested by Vice Mayor Ron'
Weiland and Commissioner Bruce Black
Application for funding from County DIP and RAP funds for the
following:
Foot bridge for Girl Scout Park (RAP) - John Wildner
17th & Seacrest Boulevard Traffic Control and Hester area
traffic calming (DIP) - Jeff Livergood
Seacrest Landscape Island Improvements (DIP) - John
Wildner & Jeff Livergood
Mr. Bressner pointed out that Commissioner Black and Vice Mayor Weiland requested
these items and staff is researching them. Staff will provide a future update and Mr.
Bressner would add them under Future Agenda Items.
Review regulations for possible exemption of sprinkling ban for new
plantings - Dale Sugerman & John Wildner- Item Requested by
Commissioner Bruce Black
Mr. Sugerman noted that Commissioner Black asked for an update on the regulations
related to irrigating new landscaping. Mr. Sugerman noted that the South Florida Water
Management District maintains an Internet site that posts updates on the drought. The
address is http://www.sfwmd.gov/. Currently the County is in the phase 2 drought
coinditions and could go to phase 3 and possibly phase 4.
Tl~e regulations are as follows with regard to irrigating new landscaping:
Irrigation and maintenance of homes on less than five (5) acres; new
landscaping planted for less than 30 days may be watered Monday, Wednesday,
Thursday and Friday from 2:00 a.m. until 8:00 a.m.
New landscaping may be watered at anytime by hand with one hose with an
automatic shutoff nozzle.
Irrigation and maintenance of homes on more than five (5) acres, usually
homeowner's associations, PUDs, etc.; new landscaping planted for less than 30
days may be watered Monday, Wednesday, Thursday and Fridays from 12:01 a.m.
to 8:00 a.m.
New landscaping may be' watered at anytime by hand with one hose with an
automatic shutoff nozzle.
These regulations apply to commercial landscapers that are in the business of
landscaping property that is less than 5 acres or more than 5 acres.
If the County goes to phase 3, less than five (5) acres and landscape planted for less
than 30 days may be watered Monday, Wednesday and Friday from 2:00 a.m. until 7:00
a.m. and at anytime with one hose with an automatic shutoff.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 6, 2001
For more than five (5) acres, new landscaping planted less than 30 days may be
watered Monday, Wednesday and Friday from 12:01 a.m. until 7:00 a.m. with the same
hose regulations.
Mi. Sugerman stated he would be attending the SFWMD regional update meeting
tomorrow at 1:00 p.m.
ViCe Mayor Weiland requested that if the SFWMD goes to phase 3 that he notify the
COmmission.
xIV. ADJOURNMENT:
There being no further business to come before the Commission, the meeting properly
adjourned at 7:45 p.m.
ATTEST:
Ci[~/Clerk
;cording Secretary
Jo tapes)
CITYOEBOY T NB ACH,
C'0ml~ssioner
,mmissioner
Commissioner
16
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to
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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. 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
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to
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is to
made, which record includes the testimony and evidence upon which the appea be b~sed./(F.S. 286.0105)
a ffo~d/an a
necessary to
The City shah furnish appropriate auxiliary aids and services where individual with disability an equal
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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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The City sha~ furnish appropriate a~ia~ aids and ser~ces where necessa~ to afford an indi~dual with a disability an equal
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DEVELOPI~r~IT ORDER OF THE CITY COMMIS~-~N OF THE
t.,,/'Y OF BOYNTON BEACH, FLORID~
PROJECT NAME: Ideal Paint & Body
APPLICANT'S AGENT: Gregory L. Celentano
AppI, ICANT'S ADDRESS: 3750 Investment Lane, Suite #2, West Palm Beach, FL 33404
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 06, 2001
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for a 1,600 square foot
, addition to an existing automotive paint and body business.
LOCATION OF PROPERTY: 610 Industrial Ave.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER camo before the City Commission of the City of Boynton Beach, Florida
appegdng on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and r0commendation 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
sougl~t by the applicant and heard testimony from the applicant, members of city administrative staff and
the p~blic finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
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,i 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.
6. All further development on the property shall be made in accordance with the terms and
o,h rc°ndi '°ns o,,h,s order. ·
7.
DATED: ~/~/ ~~ ~
~ ~ C~ Clerk
J :~SHRDATA~Planning~SHARED~WP~PROJ ECTSUdeal Paint and Body Shop 2000~yel~,"~~c.d~
EXHIBIT "C"
Conditions of Approval
Project name: Ideal Paint & Body Shop
File number: MSPM 00-005
Reference: 2nd review plans identified as New Site Plan. File # MSPM 00-005 with a January 23, 2001
Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
comments: NONE X
UTiLITIES
Comments:
GENERAL COMMENTS
1. Fire flow calculations will be required demonstrating the City Code X
~equirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the
oqUirement imposed by insurance underwriters, whichever is greater (see
DE Sec. 26-16(a)).
FIRE
Comments:
2. A fire flow test is required prior to Building permit. LDR 6-16. X
POIdlCE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments:
3. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
PARKs AND RECREATION
Conditions of Approvals.doc
02/28/01
2
DEPARTMENTS INCLUDE REJECT
Comments: NONE X
FoREsTER/ENVIRONMENTALIST
comments: NONE X
PLANNING AND ZONING
Comments:
4. IThe required 7 foot landscape strip along Industrial Avenue must be planted
iwith a layer of colorful shrubs and ground cover in addition to the plant
!material shown. This layer may be planted at project comers. Revise plans
,acc°rdingly (Chap. 7.5, Art. II, Sec. 5.D.).
5. [The environmental review permit for this site must be updated. Application
was submitted and is pending approval.
ADDITIONAL PLANNING AND ZONING BOARD COMMENTS
6. NONE
X
X
X
ADDITIONAL CITY COMMISSION COMMENTS
MW1 Polw
J:\SHRDJ ,TA\PLANNING\SHARED\WP\PROJECTS\IDEAL PAINT AND BODY SHOP 2000\CONDITIONS OF APPROVALS.DOC
DEVELOPM :T ORDER OF THE CITY COMMI[ iON OF THE
CITy OF BOYNTON BEACH, FLORIDA
PROJECT NAME: D6cor Elements/Furnishing - Ed Carey Design
APPLICANT'S AGENT: Ed Carey
APPLICANT'S ADDRESS: 3200 S Congress Avenue, Suite 204 Boynton Beach
DATE OF CITY COMMISSION RATIFICATION: March 06, 2001
TYPE OF RELIEF SOUGHT: Use Approval (design, manufacturing, storage, distribution of decor)
LOCATION OF PROPERTY: 2600 High Ridge Road
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.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
~ C~ty Clerk
S:~Iannin¢SHARED~W~PROJECTS~For~r Emission T~ting Cente[ (Quantum Pa~ PID)~DEVELOPMENT ORDER.doc
EXHIBIT "B"
Conditions of Approval
Project name: D~cor Elements/Furnishing - Ed Carey Design
File number: USAP 01-001
Reference: Request letter dated January_ 29, 2001, lSom Ed Carev of Ed Care¥ Design.
DEPARTMENTS INCLUDE REJECT
PL~LIC WORKS
COmments: None X
uTrLITIES
Comments: None X
FIRE
Comments: None
, X
pOI.ICE
comments: None
~ X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None
~ X
pARKs AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None
i x
PLANNING AND ZONING
Comments: None
~ X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. ~ON~
~ X
ADDITIONAL CITY COMMISSION CONDITIONS
S:\PLANNIN~G\SHARED\WP\PROJECTS\FORMER EMISSION INSPECTION BLDG (QUANTUM PARK PID)\CONDITIONS OF APPROVAL.DOC