Minutes 07-05-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON WEDNESDAY, JULY 5, 1995, AT 6:30 P.M.
PRESENT
Gerald "Jen3?' Taylor, Mayor
Matthew Bradley, Vice Mayor
Lyrme Matson, Mayor Pro Tem
Shirley Jaskiewicz, Commissioner
Sidney Rosen, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS
A. Call to Order
Mayor Taylor called the meeting to order at 6:32 p.m.
B. Invocation
The invocation was offered by Mayor Taylor.
C. Pledge of Allegiance to the Flag
TI
D.
~e Pledge of Allegiance to the Flag was led by Vice Mayor Bradley.
Agenda Approval
1. Additions, Deletions, Corrections
City Manager Parker added a bill under III.D (Approval of Bills), in the amount of $18,000.00,
p~yable to Henry Wilson and his attorney, Steven Gromberg, for a personal injury claim
s~ttlement approved by the City Commission at a previous meeting.
Mayor Pro Tem Matson added Item IV.B. 1.a (Letter from South Palm Beach).
commissioner Rosen added Item IV.B.3 (Passing of .Paul Gellis).
i 2. Adoption
1V iayor Pro Tem Matson moved to approve the agenda as amended. Vice Mayor Bradley
sc:conded the motion which carried 5-0.
1
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
n.i
M
M
B(
ADMINISTRATIVE
A. Accept resignation from Debra Reitz, Regular Member, Education Advisory
Board
)tion
ayor Pro Tem Matson moved to accept Debra Reitz' resignation from the Education Advisory
)ard. Vice Mayor Bradley seconded the motion which carried 5-0.
Bo
Accept Resignation from Chris Reitz, Regular Member, Planning and
Development Board
MIotion
h~ayor Pro Tem Matson moved to accept Chris Reitz' resignation from the Planning and
Development Board. Vice Mayor Bradley seconded the motion which carried 5-0.
C. Appointments to be made
Appointment
to be Made
II Bradley
Mayor Taylor
1~ Matson
Iii Jaskiewicz
nI Bradley
iV Bradley
Matson
Bradley
Iii Bradley
Matson
Bradley
Matson
I! Rosen
Mayor Taylor
Length of Term
Board Expiration Date
*Board of Adjustment Alt
Board of Adjustment Alt
Bldg. Brd. of Adj. & Appeals Alt
*Cemetery Board Alt
Cemetery Board Reg
Children and Youth Adv. Board Sm
Children and Youth Adv. Board Alt
*Education Advisory Board Alt
Library Board Alt
*Senior Advisory Board Reg
Senior Advisory Board Alt
Cemetery Board Reg
Senior Advisory Board Reg
Education Advisory Board Reg
2 yr term to 4/96 TABLED
Term expires 4/97 TABLED
Term expires 4/96 TABLED
1 yr term to 4/96 TABLED
Term expires 4/98 TABLED
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/97
2 yr term to 4/97
Term expires 4/96
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
2
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
I Rosen
II Bradley
M >tion
Education Advisory Board
Planning and Development Board
Reg Term expires 4/96
Reg Term expires 4/96
Mhyor Pro Tem Matson moved to remove the following appointments from the table:
II Bradley
Bradley
III Bradley
I Rosen
I Rosen
Jaskiewicz
yor Taylor
Board of Adjustment Alt
Planning and Development Board Reg
Cemetery Board Reg
Senior Advisory Board Reg
Education Advisory Board Reg
Cemetery Board Alt
Education Advisory Board Reg
V [ce Mayor Bradley seconded the motion which carded 5-0.
2 yr term to 4/96
Term expires 4/96
Term expires 4/98
2 yr term to 4/97
Term expires 4/96
1 yr term to 4/96
Term expires 4/96
V ce Mayor Bradley appointed Robert Taylor as an alternate member to the Board of
A ~tjustment, without objections.
C >mmissioner Jaskiewicz appointed Frances Cleary as an alternate member to the Cemetery
B ~ard. However, Vice Mayor Bradley offered her his regular appointment. Therefore, she
a ~pointed Frances Cleary as a regular member to the Cemetery Board, without objections.
c>mmissioner Rosen appointed Jacob A. Rose as a regular member to the Senior Advisory
Board, without objections.
I~ [ayor Taylor appointed Muslima Lewis as a regular member to the Education Advisory Board,
x~ ithout objections.
Commissioner Rosen appointed Renee Stem as a regular member to the Education Advisory
13 oard, without objections.
¥'ice Mayor Bradley appointed James Titcomb as a regular member to the Planning and
E'evelopment Board, without objections.
1~ Iotion
MINUTES
~GULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
ViCe Mayor Bradley moved to place the Cemetery Board appointment back on the table.
Cdmmissioner Rosen seconded the motion which carried 5-0.
MOtion
MaYor Pro Tem Matson moved to approve the appointments made this evening. Commissioner
Ja ;kiewicz seconded the motion which carried 5-0.
D. Authorization to purchase police vans from Vehicle Service Reserve Funds
Pt.rsuant to the Deputy Finance Director's memo, dated June 28, 1995, to the City Manager, two
police vans ordered in January, 1995 were scheduled to be paid for from the police confiscated
account. The police confiscated account does not have sufficient monies to pay for these vans at
this time. The total cost for both vans was $40,277.00. The Deputy Finance Director
recommended the monies for these vans be charged to the reserve monies in the Vehicle Service
Ffind until sufficient dollars are in the confiscated account to reimburse Vehicle Service.
Motion
Vice Mayor Bradley moved to approve the purchase of police vans from Vehicle Service
R~serve Funds. Commissioner Rosen seconded the motion.
In response to Mayor Taylor, City Manager Parker advised that the total amount of $40,277.00 is
bqing transferred.
The motion carried 5-0.
At this point in the meeting, Commissioner Rosen wished to add an item to the agenda.
Motion
Cbmmissioner Rosen moved to reopen the agenda. Vice Mayor Bradley seconded the motion
Which carried 5-0.
Gommissioner Rosen added Item IX.D (Set date for next City Commission Workshop Meeting).
Motion
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
V!ce Mayor Bradley moved to approve the agenda as amended.
the motion which carried 5-0.
Commissioner Rosen seconded
III. CONSENT AGENDA
A. Minutes
1. Workshop Meeting Minutes of June 13, 1995
Mayor Taylor made a correction to page 8. In the third line of the first paragraph under the COP
P~ogram, the word "normal" should be changed to "morale".
2. Regular City Commission Meeting Minutes of June 20, 1995
C,>mmissioner Rosen made a correction on page 16. In the fifth paragraph, the amount should be
$140,000.
B. Bids - Recommend Approval - All expenditures are approved in the 1994-95
Adopted Budget
1. Award bid for annual supply of blended polyphosphates to Shannon
Chemical Corporation in the amount of $28,960.00
Tl~e Tabulation Committee recommended awarding the bid to Shannon Chemical Corporation,
M~lvern, Pennsylvania, the best responsive, responSible bidder meeting all required
Sl~ ecifications.
2. Award bid for annual contract for hardware supplies to various vendors to
provide the best quality tools and hardware supplies available at the most
economical price
Tile Tabulation Committee recommended awarding the bid to various vendors. The evaluating
factor used in determining the award was based upon which vendor could supply the best qUality
ite~n and availability for delivery at the lowest price. All awarded vendors have been determined
by! the Warehouse and Purchasing to be the most responsive, responsible bidders meeting all
specification requirements.
5
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Award bid for 216 Trojan T-105 Golf Car Batteries to Jeffrey Allen, Inc.
for a total amount of $7,691.76
TI
thb extensions for a "Lot Total".
recommended for award.
The Tabulation Committee recommended awarding the bid to Jeffrey Allen, Inc., Bradenton,
F16rida, in the amount of $8,447.76, less return of 126 used batteries ($756.00) for a total cost of
$71,691.76. Jeffrey Allen, Inc. was the lowest, most responsible, responsive bidder meeting all
sp :cifications.
4. Award of bid for pipe fittings and accessories to various vendors
te Tabulation Committee recommended awarding the bid to various vendors. The awards were
lculated by multiplying the estimated quantity of an item by the unit price and adding together
The lowest, most responsive, responsible overall "Lot Total" is
Award bid for supply and installation of hurricane panels at Fire Station
#3 to Brown's Aluminum & Screen in the amount of $6,649.00
T! ~e Tabulation Committee recommended awarding this bid to Brown's Aluminum & Screen of
Lake Worth, Florida, the lowest, most responsive, responsible bidder meeting all required
specifications.
C. Resolutions
Proposed Resolution No. R95-99 Re: Adopt disclosure procedures related
to ex parte communications with public officials in accordance with newly
adopted legislation
Proposed Resolution No. R95-100 Re: Increase in professional services
contract for additional design services reference Miner Road
Proposed Resolution No. R95-101 Re: Authorize execution of Water
Service Agreement between the City of Boynton Beach and C. Stanley
Weaver
Proposed Resolution No. R95-102 Re: Release of Surety for Phase I -
Boynton Festive Center
6
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
o
Proposed Resolution No. R95-103 Re: Authorize subordination of
encumbrance to property rights between the City of Boynton Beach and
Palm Beach County along Lawrence Road
o
Proposed Resolution No. R95-104 Re: Authorize the release or reduction
of surety for the project known as Platina Development
Proposed Resolution No. R95-105 Re: Authorize transfer of the
jurisdictional powers from the Florida Department of Transportation to the
City of Boynton Beach for a portion of an access road along N.W. 4th
Street
D. Approval of Bills
A ilist of the bills is attached to these minutes on file in the City Clerk's Office.
Emergency repair and budget transfer for motor rewinds for the West Water
Treatment Plant
Ptlrsuant to Utilities Memorandum #95-211, several electrical problems have been experienced
wfth. the three 300 hp motors on the membrane pressure pumps. D.C. Specialists agreed to
re wind these motors and install new heaters at a cost of $2,400.00 each if they got the job for all
th tee motors for a total cost of $7,200.00. An emergency purchase order for $7,200.00 was
se cured for D.C. Specialists. This purchase order was charged to Public Water Maintenance
Account #401-336-5-433.00 for equipment repairs. This account does not have enough funds to
pl[y for this emergency repair. Therefore, a $3,500.00 budget transfer is requested from the
P ~blic Water Operation Process Chemicals Account #401-335-5-365.00 and $3,500.00 from the
P-~blic Water Operation Electric Service Account #401-335-5-433.00 to Public Water
1V iaintenance Equipment Repair Account #401-336-5-433.00.
F. Authorize disposal of records - City Clerk's Office
R~cords DiSposition Request #287 has been approved by the State.
G. Approve budget transfers
1. Distribute Compensation Adjustment per Union Contracts
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
See the Budget Transfer Request dated June 29, 1995.
2. Provide additional funding for HVAC modifications
sew the Budget Transfer Request dated June 28, 1995.
I H. Approve request for refund on Cemetery Lots 390 A and B, Block N, Boynton
i Beach Memorial Park
A1
ce
tstin and Frances Lucas have requested a refund, in the amount of $960.00, on the above
xtetery lots.
I. Approve disinterment from Lot 316A, Block S, Boynton Beach Memorial Park
Et.gar A. Dorsett has requested permission to disinter his wife, Dorothy Dorsett, from the above
ce xtetery lot.
M ~tion
Ct Immissioner Jaskiewicz moved to approve the Consent Agenda as amended. Commissioner
R{~sen seconded the motion which carried 5-0.
Ig/. ANNOUNCEMENTS AND PRESENTATIONS
St
)ne.
A. Announcements
Bo
Presentations
1. Proclamation from the City of West Palm Beach proclaiming June 23 -
July 4 as Boynton Beach Centennial Days
Mayor Taylor read the above proclamation which was read at the West Palm Beach City
Ct ~mmission meeting on June 19, 1995.
a. Letter from South Palm Beach
8
MiNUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
M0yor Pro Tem Matson read a letter from the Commission and Residents of the Town of South
Palm Beach congratulating the City of Boynton Beach on its Centennial. She stated that as
i ·
Centenmal Chair, she had gone to various City Commission meetings throughout the County
wilh a proclamation inviting the residents, through their commissions, to attend the activities in
B0ynton Beach. She felt it was very generous for the citizens of South Palm Beach and the West
P~lm Beach Commission to acknowledge our proclamation with a proclamation of their own.
She advised that we had a great turnout and people from other cities attended our events.
2. Approve design for Boynton Beach Boulevard medians
C]ty Manager Parker advised that she was not able to set up a meeting with the merchants and
D, 2)T until Friday afternoon. She stated that the paverbricks and the utility chase areas along the
nc,ah and south sides of the street beginning at 1-95 and continuing on to U.S. 1 were discussed
at that meeting. She displayed samples of the paverbricks and colors to be used for the sidewalk
atlMizner Park. The colors Selected were charcoal, red, and camel. If the City Commission
al~proves this, it will be forwarded to the DOT for the grass areas on either side of the street. The
sa~ne Pattern will be followed when DOT does Federal Highway.
Placement of the medians was also discussed at that meeting. One median, approximately 150 to
21}0 feet long, will be between N.W. 4th Street and N.W. 3rd Street. That median is long enough
tc have some trees, ground cover, and plantings similar to the median adjacent to the Holiday
Irn. This would be immediately east of the Holiday Inn median. No one was able to come up
with any other locations for full fledged medians. Ground cover and plantings will be placed in
t~ro smaller sections that are between 25 and 50 feet. One section is between N.W. 2nd and 1st.
Ti ~e other section is between Seacrest and 1 st. However, these sections are so small that trees
cf Lnnot be put on them. Additionally, DOT was willing to put some large trees (larger than 4" in
di ameter) along the north and south sides of the utility chase in the sidewalk areas going down
B aynton Beach Boulevard.
City Manager Parker did not yet have a design for the
Commission
to
review.
If
the
Cpmmission approves this proposal, the City will have landscape architects draw up a design and
sCbmit it to DOT.
Mayor Pro Tem Matson asked if there was any discussion about closing off or disrupting any of
tt~e entrances. City Manager Parker advised that there was quite a bit of discussion regarding
this, but a consensus was not reached. No one wanted their left tums inaccessible.
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Mgyor Pro Tem Matson said that at the last Commission meeting, she had specifically asked for
WOody McDuffy and somebody from the long range planning committee to be invited to the
m~eting with DOT and the merchants. She asked if they had been invited. City Manager Parker
said she called Mr. McDuffy on Monday and told him that the meeting was set for Friday.
Unfortunately, no one from the church showed up. However, she pointed out that there is no
bl6ckage on 1 st at this point.
M~yor Taylor was disappointed. He envisioned a great boulevard entrance into the City, and
DOT was willing to pay for it. He stated that at the last meeting, the business association said
they wanted to have some input and work with the City on the medians. At that meeting, Vice
MCyor Bradley pled with them to be flexible and try to come up with something that would be
beautiful for the whole City. However, at the meeting Friday, a consensus could not be reached
beiause nobody wanted to give in and everybody wanted their own way. Mayor Taylor
wgndered how many of the people at that meeting were just tenants who were only concerned
w~th the entrance to their businesses and who possibly do not even live in Boynton Beach. He
w~s very upset that they did not give a little. He said it was explained to them that people may
ha~e to drive down one block to get to a traffic light, but that everyone should try and look at it
from a prospective of the entire City. Mayor Taylor could not visualize any uniformity of how
th~ trees are going to be set out because of the driveways and cuts.
C(
Ci
W
or
dc
th,
ac
VJ
~mmissioner Jaskiewicz Stated that 50 feet is extremely small. She pointed out that Atlantic
7enue in Delray Beach has medians and a left-hand turn every block. No streets are covered
d they have trees.
ty Manager Parker advised that one of the problems is the street turning radiuses for U-tums.
e had discussed with the businesses the ability to try to make a U-turn into the businesses and
ce we applied some of the turning radiuses, they found that they were not going to be able to
that because the street is too narrow. You had to either go to Seacrest Boulevard and come in
~ back way on some of those businesses or go two or three blocks and come back around to
:ess the businesses.
ce Mayor Bradley said he attended the meeting on Friday and was disappointed as well. He
.d there was a hand full of property owners who were very interested in looking at the big
:ture and could see that if they were willing to sacrifice a few mm ins, the overall outcome
~uld be better. However, most of the business people there were not able to see that.
In iresponse to Commissioner Jaskiewicz, City Manager Parker advised that we need to proceed
10
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
as soon as possible. The City needs to authorize the landscape architects (Kilday & Associates)
to idesign the one median and the right-of-way. The City hopes to put Royal Palms down either
side as much as possible, taking into consideration the overhead utility lines and the size of the
utility chase areas. She did not know how much the design will cost. In addition, the water
lines would have to be moved to the utility chase areas to get water and irrigation to the trees;
however, DOT was going to fund that to the median.
Commissioner Rosen pointed out that the City Manager mentioned that the turns would not be
sufficient and there is a possiblity that one would have to travel several blocks. He felt this
wguld be very annoying to a business. Mayor Taylor could not think of anything better than to
haye traffic slow down in a downtown community and go a couple of blocks to mm around
ra!her than to zip in and zip out. This way you get them to drive by other stores and they get to
seC other things.
It
Gl
sh
to
was the consensus of the Commission to proceed with the proposal.
3. Passing of Paul Gellis
~mmissioner Rosen announced that Mr. Gellis passed away on Sunday. Mr. Gellis was the
st President of COBWRA. Commissioner Rosen said he had only known Mr. Gellis for a
ort period of time, but he was impressed with his personality, his effectiveness, and his ability
bring together a community. He suggested the City send its condolences to Mr. Gellis' family.
Mayor Taylor said Mr. Gellis was very open to the City of Boynton Beach and brought a lot to
hig community. He will be missed.
V BIDS
N, ~ne.
V!. PUBLIC HEAR1NG
N~)ne.
Vii. PUBLIC AUDIENCE
NO one in the audience wished to speak; therefore, Mayor Taylor declared the public audience
11
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
portion of the agenda closed.
VIII. DEVELOPMENT PLANS
Those intending to testify under Development Plans were sworn in by City Attorney Cherof.
Project Name:
Agent:
Owner:
Location:
Description:
Outpatient Properties, Inc.
Wayne E. Puls
Outpatient Properties, Inc.
Southwest comer of S.W. 23rd Avenue and Seacrest
Boulevard
Major Site Plan Modification: Request to amend the
previously approved site plan to construct a surplus parking
facility on a parcel adjacent to the Outpatient Center of
Boynton Beach.
Gr~g Kino ofBoose, Casey & Ciklin, attorneys for Outpatient Properties, Inc., advised that the
Outpatient Center, which provides outpatient medical services, was constructed in 1994 on the
co: xter of Seacrest Boulevard and S.W. 23rd Avenue. The facility met all the code requirements
fm parking in 1994, but it has since been found that during certain peak hours the parking
de~ nands have exceeded the City's parking requirements. Parking needs to be close to the facility
be~:ause of the nature of clientel. Therefore, 17 additional parking spaces for employees only are
bei~ng proposed directly across the street. In December of last year, the applicant received the
Cil y's approval for these temporary parking spaces. However, because the applicant did not
me et the minimum lot depth, a variance was needed. The variance was granted conditioned upon
me eting all the code requirements for a permanent parking facility even though this is a
ten lporary parking facility. The applicant has plans to develop that comer for additional medical
off ices two or three years from now. However, the applicant is attempting to meet all the
pm manent parking requirements at this time.
Mrl Kino believes that the unity of title issue mentioned in the staff'report was addressed to the
City Attorney's satisfaction by providing a parking covenant that states that the applicant will not
us~ the parking for anything other than employee parking. In addition, the parking must meet the
current standards at the time the property is redeveloped.
Mr
am
Kino stated that the medical center closes at 4:45 p.m. He felt there was no need for lighting
that it would have an adverse impact on the properties to the west. He stated that City staff
12
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
suggested putting up a temporary gate and "no trespassing" signs so that no one parks there in the
evening and if they do, the City or property owners have the ability to tow the vehicles. He felt
the lighting is not really appropriate at this time and pointed out that it Would have to be removed
when the site is redeveloped on a permanent basis.
With regard to the buffer, Mr. Kino advised that this property abuts a residential area to the west.
The rear property line is about 272 feet. It is in the C- 1 district and the code allows either a 6
foot wall or a vegetative buffer at least 2 feet high. He pointed out that office uses are
traditionally less intense. He advised that the parking area is limited to about 73 feet where it
ab~ts the residential property to the west. He felt that is where the impact is going to be. The
re~t of the site is going to be drainage area that will be landscaped and sodded. The only other
development will be a paved driveway which runs parallel to Seacrest Boulevard. There is
approximately 72 feet between the residential property line and the paved driveway. He
suggested putting a 6 foot wall just to the extent that the parking lot abuts lot 23, which is a 101
foot lot. For the remainder of the property that abuts the drainage area, he suggested screening.
Atithe time the site is redeveloped, a wall could be put in. He stated that there are no impacts to
lotg 24 and 25 at this time.
Co~oplum will be planted along the balance of the property line and on the south side of the
pagking area that would screen the rest of the residential properties from the parking lot. There
will be little activity on the site. The parking lot will be used by employees only. There will not
be ~ lot of traffic going in and out. Currently, the residential properties do not have any fences
except for the one where the applicant proposes to put the wall. Therefore, there is not a lot of
impact from Seacrest Boulevard.
Mrt Kino said that staff suggested the applicant continue the wall that was started on the south
enid of the property. He circulated a brochure and proposed using a preformed wall that will
ma!ch the style and texture of the existing wall. A preformed wall would cost half of what a
co~crete wall would cost, and Mr. Kino felt it would look better than a plain, flat wall. He
poiv~ted out that there is no relief on the existing wall and that the preformed wall would have a
cap on it and some texture.
Tambri Heyden, Planning and Zoning Director, stated that the applicant has given a very
thoto.u, gh description of what the request entails. She advised that an agreement has been
submitted to the City Attorney to address the unity of title issue, and that the City Attorney has
fou{ad it acceptable. Therefore, comment number 2 of the Planning and Zoning Department
Memorandum can be excluded.
13
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Mis. Heyden stated that lighting can be shielded and often is when a project abuts residential.
She felt the issue of lighting can be resolved through shielding. She pointed out that the
emPloyees will be arriving very early in the morning and it is dark at this time during the winter.
She stated that the parking lot should be lighted not just for the sake of the employees, but also
fo! security purposes in the evening.
MS. Heyden felt the wall should match the existing wall. In response to Mayor Taylor, she
a&dsed that the existing wall is CBS.
R~.bert Foot, 2400 S.W. 1 st Street, submitted a letter from himself and his wife, attached to
wi}ich were petitions signed by 43 neighbors concerning this development. He felt the property
shguld be developed properly and immediately. He said the property has been used on a
te~ nporary and unsightly basis and it is time that the property was properly developed. He felt
th{ application was incomplete. It does not show the paving that will be used, the elevations for
th{ paved area, and the percolation area relative to the paved area. The plans submitted do not
im lude the wall that will be used. The applicant is proposing that a piece meal wall approach be
us,~d; a wall that might go passed the back of his home, which is 83 feet wide. He said his
ne .ghbors need this wall as much as he does. He stated that the headlights from cars arriving
ea~'ly in the morning will shine into his neighbors' homes. He questioned the drainage. He said
we do nOt know if the wall that the applicant wants to put up can be matched when the rest of the
pn ~perty is developed. The appearance of the wall was important to him. He felt the proposed
wa 11 is flimsy and wondered if it would hold up during a hurricane. He felt a number of issues
ha";e not been properly addressed. He requested that the City think of the attractiveness of the
wa 11 that might be put there and the values of a continuous wall to the neighborhood and site.
M~ Jordan, 2410 S.W. 1 st Street, felt the existing wall should be continued before anything else
is done.
Ce
brc
the
COl
COI
:il Fultz, 147 S.W. 24th Avenue, felt the temporary parking facility should be beautified and
ught up to standards as soon as possible. He did not think a gate would look good. He felt
wall and lights should be put in to provide privacy and security. He pointed out that anyone
[ld go through a hedge or a flimsy fence. He asked the Commission to do what is best for the
amunity.
Mn Kino stated that the application is complete. The elevations are shown on the survey which
wa~part of the application. The percolation area is shown on the site plan, which was submitted
alobg with the drainage report. There is adequate drainage on the property. The type of paving
14
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
is ahown on the site plan. He felt the issue of the lighting was valid. He stated that the wall is
hurricane approved. The concrete and colors are mixed so the paint will not fade like the
ex [sting wall. A cap rail could be put on the wall. The same look can be obtained by this
pr,:formed wall. If a preformed wall is approved, the applicant can afford to do the whole length
at Ihis time. A concrete wall cost about $30,000 and the applicant cannot afford to do that at this
tin ~e. He felt the preformed wall is a better product.
In response to Mayor Taylor, Mr. Kino advised that the wall wOuld be 270 feet. The parking
area is about 70 or 80 feet and the rest is the drainage area that goes out 70 feet before reaching
the driveway on Seacrest Boulevard.
Vi~e Mayor Bradley felt it was important to use shielded lighting. He wondered if the applicant
would agree to install the wall in such a way that if it needed to be extended or replaced, it would
end up looking uniform. He had no objection to allowing the preformed wall just as long as it is
as Strong as CBS block.
Cc
In
exi
ad~
mmissioner Jaskiewicz was not in favor of installing the fence piece meal. Also, she was not
Favor of gating the parking lot. She felt it would be unsightly and unsuitable.
response to Commissioner Rosen, Mr. Kino stated that the wall would be 270 feet and abut the
sting wall. It would be 6 feet high and would match the height of the existing wall. In
tition, a cap can be put on it.
M~. Foot stated that the code specifies a CBS wall.
M~yor Taylor definitely wanted lighting in the parking lot for security reasons. He was in favor
of, lhe wall going the whole length. Looking at the brochure, he felt the wall looked very
ad~quate. He felt a fence would look very poor and it would be premature to install one at this
tim~.
Mt ~or Pro Tem Matson asked if the code stipulates that it must be a CBS wall. Mr. Kino
ad~ .sed that the code requires a stucco/masonry wall. It does not state concrete block or
stu :co/CBS. City Attorney Cherof advised that the Land Development Regulations call for a
sol id, stucco, masonry wall.
Mayor Pro Tern Matson was in favor of continuing the wall.
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Motion
Vice Mayor Bradley moved to approve the development plans for Outpatient Properties, to
include staff comments, shielded lighting, a masonry wall that is tongue and groove and would
run the entire length of 273 feet, and the City Attorney's documents regarding the parking
coYenants to deal with the unity of title issue.
There is to be no gate, and the issue of the cap will be worked out with the homeowners. Mr.
F~ot suggested using a cap.
C6mmissioner Rosen seconded the motion which carried 5-0.
M6tion
B. Project Name: Knuth Road PCD
CITY COMMISSION WILL BE CONSIDERING A MOTION TO RESCIND ONLY
Agent: Kieran Kilday
Location: Southwest comer of Knuth Road and Boynton Beach
Boulevard
Description: Time Extension: Request for approval of an 18 month
retroactive and an indefinite time extension for
zoning/master plan approval and concurrency exemption.
Co
m{
Ki~
att~
be(
me
Th~
Br~
Thc
mmissioner Jaskiewicz moved to rescind this item and place it on the agenda for the next
eting. Mayor Pro Tem Matson seconded the motion.
~'ran Kilday advised that the representatives of the Homeowners' Association were planning to
~nd the City Commission meeting at which this matter will be reconsidered. However,
ause of a conflict, they requested that this matter be scheduled for the first City Commission
sting in August.
Commission agreed to place this item on the agenda for August 1 st; however, Vice Mayor
.dley will be on vacation at that time.
motion carried 5-0.
C. Request to modify previously approved master plan to establish setbacks for
16
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
whirlpoolS and Jacuzzis on "0" lot line lots and "Z" lots for Nautica a/k/a Boynton
Nurseries PUD
C611een Walter ofKilday & Associates stated that in October, 1994, the City Commission
reviewed and approved a minor master plan modification which allowed for reconfiguration of a
site in a development of single-family homes. At that time, there were very explicit setbacks for
the buildings, garages, screen enclosures, and pools. The project is now under construction.
Mhny potential homeowners have indicated an interest in having in-ground Jacuzzis in their rear
yards. As part of this minor master plan modification, she is proposing to outline the jacuzzi
setbacks. They would be proposed as the same setbacks that were already approved for the
p°91s. These setbacks are more restrictive than the screen enclosure setbacks. Therefore, by
allowing Jacuzzis as an alternative use, there will be no additional loss of green space. This is
area in the yard that has already been approved for screen enclosures and pools. The Technical
ReView Committee recommended that the City Commission make a finding that this is a minor
modification, and approve it subject to one comment from the Building Department, which is to
clearly denote that these setbacks are for in-ground Jacuzzis, whirlpools, and spas. Anything
proposed above ground, per code, must meet the building setbacks. Ms. Walter said she made
thai clear on the setback tabula.
Ms. Heyden stated that this request has been explained in detail. This is a request to establish
rear and side setbacks for whirlpools and Jacuzzis on "0" lot line lots and "Z" lots. The City
Commission. needs to determine whether or not this is a minor or major change. Because this is
in t~eeping with the setbacks already approved, staff recommends that the City Commission
determine this to be a minor change subject to staff comments.
Motion
Mayor Pro Tem Matson moved to determine that the previously approved master plan to
establish setbacks for whirlpools and Jacuzzis on "0" lot line lots and "Z" lots for Nautica a/k/a
Bo2(nton Nurseries PUD be considered a minor change to the master plan. Vice Mayor Bradley
secOnded the motion which carried 5-0.
IX. NEW BUSINESS
A. Items for discussion requested by Mayor Pro Tern Matson
1. Home Safe Project
17
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Mayor Pro Tem Matson stated that Mike VanWagoner made a presentation regarding Home Safe
atithe Municipal League meeting last week. She explained that sexually and physically abused
children are taken to a sterile hospital room for examination and to several different agencies for
questioning, which adds to the trauma experienced by the abused and frightened child. She
advised that State Attorney Barry Krischer, Attorney Robert Montgomery, and others are
d~veloping a project called Home Safe, which will be located on 6th Avenue South, adjacent to
JOhn Prince Park. The estimated cost of construction is $1,050,725.00. This is going to be a
h6me-like facility where children are helped by a team of law enforcement, social workers, and
sc cial service professionals working together under one roof. Basically, Home Safe will
in tegrate and coordinate the child abuse system. It will reduce the trauma experienced by abused
ct Lildren as a result of this system, empower more non-offending parents to protect their children,
arid hold more child abuse offenders accountable. They will provide many services to the
ct Lildren. It is estimated that 1,200 sexually and physically abused children will be helped during
the first year. In order to meet construction costs, many fund raisers are going to be held,
including the 1995 Charity Golf Tournament, to benefit Home Safe on Saturday, November 11,
1995. Members of the Municipal League were requested to ask their commissions to sponsor a
g~een or tee for $250.00.
City Manager Parker advised that Delray Beach agreed to split the cost of the sign for sports with
B~ynton Beach, which would save us $200.00. This $200.00 could be used to sponsor a green or
tee to benefit Home Safe.
Motion
Mayor Pro Tem Matson moved to donate $250.00 to Home Safe.
Cgmmissioner Rosen asked if the City has a policy regarding charitable requests. City Manager
POrker explained that the City has not had any money in the past for any charitable contributions
and, therefore, could not donate to anyone. However, this past year, the City has reviewed
requests for donations on a case by case basis.
Vice Mayor Bradley seconded the motion.
C4
ac
ti~
)mmissioner Rosen felt a policy should be established in the future. Mayor Taylor agreed and
ted that he would like these type of items placed on the agenda so that the Commission has
te to consider them and the funding source.
18
MINUTES
~GULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
COmmissioner Jaskiewicz stated that at one time every request was presented to the Community
R~lations Board, who determined which ones to present to the City Commission. Mayor Pro
Tem Matson did not think anyone except the Commission should be making decisions on how to
sPend the City's money.
The motion carried 3-2. Mayor Taylor and Commissioner Rosen cast the dissenting votes.
B. Items for discussion requested by Commissioner Jaskiewicz
1. Sound barrier wall along 1-95
Ci · .
omm~ss~oner Jaskiewicz said she received several calls from residents in the Forest Park
se :tion of Boynton Beach. They have been in contact with the Department of Transportation
o~ er the past several years in reference to the sound wall. They were promised that they would
de finitely receive the sound wall this year and they were anticipating that with great joy since
th~'y have been subjected to a great deal of noise. These people are working members of the
co mmunity and they cannot open their windows at night because the sound is deafening. Over
thc last several years, the traffic has exasperated in that area. The DOT inadvertently cut down
so: ne trees in another part of the City and the people affected by that also have a valid concern.
Nc.w they get headlights in their windows at night and they also do not have a sound barrier.
Ht,wever, this is DOT's error and they should not make these people suffer to rectify their error.
Sh felt DOT should find the funds to do the wall as they promised and requested that the
Cc mission show its support to the residents and inform DOT of this support.
Mi[yor Pro Tem Matson pointed out that the Commission lobbied very strongly to have DOT
stop the wall where it is and to rectify what was done to the people at Pine Pointe Villas.
Co mmissioner Jaskiewicz felt DOT should rectify their error, but not at the expense of others.
Vic:e Mayor Bradley did not believe that Woolbright Road North was on the schedule. He did
no! know who was promised what or by whom; however, he did know that it was not on the five
yet r plan.
MaYor Taylor also saw the five year plan and it was scheduled only up to Woolbright. He said
the .p, eople from Pine Pointe Villas lobbied strong and hard and their voices were finally heard.
Furthermore, both the people who liVe on the west side and the east side want a wall. He felt the
wall will eventually be built, but right now it is just a matter of dollars.
19
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
commissioner Jaskiewicz could not imagine why DOT cannot do all of the areas in Boynton
Beach at one time instead of doing them piece meal.
MaYor Pro Tem Matson stated that DOT has a five year plan because a lot of the funding is
coming from the Federal Government, who is insisting that it be done in phases. Vice Mayor
Bradley said the part that is being skipped was not being skipped until Pine Pointe Villas raised
their complaints. This had to do with the vegetation that was taken out incorrectly by FDOT.
Therefore, Pine Pointe Villas had a legitimate complaint. He pointed out that there is vegetation
beiween 1-95 and Forest Park. Therefore, those residents are not suffering like the residents of
pihe Pointe Villas. There was a health and safety hazard because Pine Pointe Villas had nothing
belween them and 1-95.
commissioner Jaskiewicz stated that there is no vegetation between 1-95 and Forest Park. Mayor
Prb Tem Matson pointed out that Forest Park was not on the schedule. Commissioner
Ja~kiewicz said they were told by someone in the DOT, as recently as January, that they would
receive the wall in 1995. She asked the Commission to send a letter of support to do that area
al~o.
1V[ayor Taylor asked if the City sent letters to the same effect previously. City Manager Parker
advised that the City sent a letter in support of Pine Pointe's position. She said the City has not
b~en able to verify if DOT is going to put the wall in at Pine Pointe. She was only able to reach
the maintenance people today, not administration. The maintenance people said they had not yet
b~en informed that the wall was in fact approved for the Pine Pointe area. Furthermore, if it was
approved, she does not know if they are going to put in a few sections in front of Pine Pointe or
dO an extension from Woolbright to Pine Pointe. She was unable to verify these points with
DOT. Therefore, at this point, she does not know what exactly has been approved or what the
limits of that approval are.
Mayor Pro Tern Matson suggested continuing this matter until the City can verify what is going
t~ be done.
As the MPO representative, Vice Mayor Bradley requested that these type of calls be directed to
h!m.
t~eayOr Taylor advised that his Homeowners' Association, Golf-view Harbour, is coming up with
same request and he asked them to address it to Vice Mayor Bradley and the MPO.
2O
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
COmmissioner Jaskiewicz asked Vice Mayor Bradley to exert some pressure to extend the wall
through that area and to try to find out who told them it would be done in 1995.
~ice Mayor Bradley stated that the MPO has to direct the different funding sources, the FDOT
and the Federal Government, on how they would like to have them spend the money. Sometimes
this means that a project Boynton Beach is interested in might have to be put on the back burner.
I-re suggested that the Comtnission might want to discuss in more detail what we want
a~complished. He stated that a noise wall which affects less than one percent of the population
of Boynton Beach is an important issue, but it is not an easy one.
COmmissioner Jaskiewicz felt that even if it affects less than one percent of the population, it is
an important issue because it affects the health and safety of the residents.
james Miriana, 728 N.E. 8th Avenue, a member of the Board of Adjustment, felt the
COmmission should not get too excited about what people want. He explained that at the last
Bpard of Adjustment meeting, the people who live directly behind where the wall is being put
up, requested a variance on a setback. They wanted 10 additional feet. Mr. Miriana felt they are
taking advantage of the fact that the wall is going up. He said there was an accident in this area
w~thin the past month. A track had overturned and people had to be evacuated. Mr. Miriana
stated that some of the neighbors in that area said that if the variance was granted, they would
lille to take advantage of another 10 feet. Mr. Miriana did not feel they were interested in the
noise or safety factor. He felt they were interested in what they can get out of it.
Vice Mayor Bradley said he read the minutes of that meeting and was embarrassed by the lack of
vi sion and lack of ability to see that a change of this nature would in no way negatively affect the
m',ighbors or anyone else. It greatly surprised him that there were members of the board who did
m Pt see that this would be a way for people to improve their homes and their property values at
m one's cost. He stated that 10 feet is not going to make any difference if a tractor/trailer goes
through the wall. He expressed his dismay at the opinions of some of the members' of the Board
ot'Adjustment relative to this matter.
C,)mmissioner Jaskiewicz echoed Vice Mayor Bradley's statements. She said she was amazed
w~en she read the minutes of the Board of Adjustment meeting. She said those two lots are
unsightly and that area could have been greatly improved. She would have preferred to see an
expensive home there than an empty, unkept lot.
Mayor Taylor asked Vice Mayor Bradley to respond by either calling or writing to let them know
21
M1NUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
we have their interests at heart.
2. Request to close S.E. 3rd Avenue from Seacrest Boulevard to S.E. 1 st
Street
COmmissioner Jaskiewicz was in receipt of a petition from residents of S.E. 3rd Avenue
requesting that their street be closed because they get a lot of traffic from the apartment
d~ellings on the next block. Southeast 3rd Avenue gets much more traffic on it than similar
streets east of Seacrest Boulevard because most of them are dead ended. In addition, people are
speeding through S.E. 3rd Avenue and the residents are concerned about the children and
I ·
se~:unty. She asked the Commission to consider this matter and direct it to the proper officials to
see whether it would adversely affect anyone. She pointed out that the Code encourages that
lo~al streets be layed out to discourage through traffic.
city Manager Parker stated that an employee has brought this request forward in an inappropriate
m nner. She advised that the appropriate action would be to turn this matter over to
ad ninistration, who will provide the Commission with a recommendation.
M~[yor Taylor could not imagine this street being closed off. He stated that if this street is closed
off a cul-de-sac would be created and people would either have to go down 2nd Avenue or 4th to
gel to their homes on 3rd Avenue. This would bring all the traffic to another road. This did not
ma ke sense to him.
Co mmissioner Jaskiewicz stated that if you were accessing Boynton Beach Boulevard, you
world just use S.E. 1st Street. That would be the feeder road.
Cit~ Manager Parker suggested that the Commission allow the City Engineer to provide them
witg a recommendation. This item will be brought back to the Commission at a later date.
Co
Motion to rescind Ordinance No. 095-20 reference distance requirements for
second-hand stores requested by City Attorney James Cherof
City Attorney Cherof stated that on second reading of Ordinance 095-20, he attempted to make
an ~mendment and found that the proposed amendment would have required an additional
change in the title of the ordinance. He felt there was a better and more efficient way to
effectuate that change. He requested that the Commission rescind their last Commission action,
which was the second reading of Ordinance No. 095-20. If the Commission does this, under
22
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Ordinances - 1 st Reading, Proposed Ordinance 095-23 contains an amendment to Appendix A,
Section 6.D.7, which eliminates the distance requirements for not-for-profit organizations. By
rescinding, we will do a curative ordinance that limits the action that the Commission intends
only to the C-4 zoning districts.
Motion
Vice Mayor Bradley moved to rescind Ordinance No. 095-20 reference distance requirements
for second-hand stores. Commissioner Jaskiewicz seconded the motion which carried 5-0.
D. Set Date for City Commission Workshop
The workshop was scheduled for Wednesday, July 12, 1995, at 6:00 p.m. in the West Wing
Conference Room. The items for discussion will include, low density strategies, Community
Appearance Code (truck parking revisited), and city advisory boards.
X. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
1. Proposed Ordinance No. 095-22 Re: Occupational License
City Attorney Cherofread proposed Ordinance No. 095-22 by title only. He stated that some of
this may seem redundant to the Commission because last year we went through the same process
of adopting new classifications and fees regarding occupational licenses and the license rates.
The classifications that are set forth in this proposed ordinance are identical to the ones that were
acqomplished last year. We are doing it again because of a concern regarding compliance with
the notice provision set forth in the statute; hence, this redundancy.
Ci[y Attorney Cherof stated that the process for amending the occupational license
classifications and rates was authorized in May, 1993 by the Florida Legislature. Shortly
theteafter, this City began the process of appointing and recognizing a Tax Equity Study
C.o~nmission whose job and task was to review all of the occupational license categories of the
City to compare them to each other, to reclassify them, to compare them with other adjacent
umc~pahties, and to make recommendations to the Commission regarding some adjustments.
Th,: adjustment authorized increases of up to a one-time 10 percent increase over total revenues
get erated by the municipality over previous rates and then thereafter some percentage increases
23
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
with caps for the current year and for future years as well. The Equity Tax Study Commission's
rekommendations were submitted to the Commission.
Ho suggested that if the Commission finds the balance of the ordinance in order and acceptable
or~ second reading, they ratify and adopt the findings and recommendations of the Equity Tax
Study Commission with the exception of the category designated as 7928 (the category for adult
entertainment establishments). The reason he asked the Commission to do this is because since
the time of the initial report, there has been a question with respect to the $2,000.00 occupational
license fee for adult entertainment establishments. In reviewing that, it was discovered that the
Er [uity Tax Study Commission did not focus down specifically on that category. In the interim,
st~',ff and the City Attorney's Office have done that for the Equity Tax Study Commission and
ha ye compared the City's rate to the County's rate and the rate of other municipalities that
rei',,-ulate this type of activity, and the other categories within the City. City Attorney Cherof
ad vised that the Ale House pays $884.00 a year, Chili's pays $705.00, the Banana Boat pays
$7~0.00, Strebs pays $1,173.25, and the Longhorn Restaurant pays $620.00. The Boynton
B~ach 8 Cinema complex has two occupational license fees and pays a total of $1,237.50. He
re_~ommended reducing the occupational license fee for adult entertainment establishments from
$21000.00 to $1,000.00 annually. He also felt the Commission should consider the ordinance in
it~entirety with that one amendment to it and adopt the balance of the rate classifications as set
fo~ it in. He recommended ratifying and adopting the findings and recommendations of the
Eqnity Tax Study Commission, with the exception of category 7928.
Commissioner Jaskiewicz asked what the adult entertainment establishments paid last year. City
Attorney Cherof advised that they paid $375.00.
M{yor Taylor asked how much adult entertainment establishments pay in West Palm Beach.
City Attorney Cherof advised that if they are in the County, they pay $2,000.00. However, the
Co',~n'ty has broader administrative, responsibilities and can, therefore, justify a higher fee because
they take on the responsibility for initial application review, subsequent review, and enforcement
on behalf of many of the municipalities.
M~yor Taylor asked how our fee compares to other cities' fees. City Attorney Cherof advised
tha} Delray Beach charges $125.00. Pure Platinum in Fort Lauderdale pays to the City of
Oa¢land Park $200.00. The fee in other areas ranges fi.om $400.00 to $800.00. He felt
$1,000.00 would be more in keeping with the rates for establishments in Boynton Beach that are
comParable to some degree in nature, and in like establishments in other municipalities, with the
exception of the County. He believed the $2,000.00 rate probably came fi.om attempting to
24
MINUTES
~GULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
nllrror the County rate.
Itl response to Mayor Taylor, City Attorney Cherof advised that the fee for Strebs is based on
se ating and catering.
Gl
cl~
pr
>mmissioner Rosen inquired about charging $1,500.00. City Attorney Cherof advised that the
:linance provides a procedure to follow if any business owner who feels that either the rate or
tssification is inappropriate. Based upon the research done, he felt the $1,000.00 would be a
~ctical, prudent, and appropriate fee.
Cr,mmissioner Rosen asked if the business owners have been approached. City Attorney Cherof
di~ not think we should undertake any form of negotiation with any business owner over what an
oc. :upational license fee should be. He felt it is our responsibility to look at the rate and
de':ermine if there is a practical and rational basis for it. He felt there was a rational basis for the
$1 000.00 fee.
Mhyor Pro Tem Matson stated that our fees are basically predicated upon the number of seats
am l the type of business. She did not think the Commission should selectively gouge someone
bet',ause they find a business distasteful or because they may not wish a certain type of
es iblishment to be part 0four town. She felt that the $2,000.00 fee would probably leave us
oF :n for a lot of problems and she did not think those problems are worth it. She said we need to
loo k at the seating capacity and whether or not food is served. If the City Attorney has taken
tho ~e into consideration and has determined that $1,000.00 is within the ballpark and will keep
us )ut of trouble, then she was in favor of it.
Vic e Mayor Bradley asked if there is any way to tack on for sale of alcohol or food. City
Att,)rney Cherof advised that there is not. He said with staff's assistance, he lookbd at the
mm ruer of which we establish fees for other businesses that have activities that adult
ent~:rtainment establishments have as well, such as a bar, liquor service, and food service. The
occ' ~pational license fee for restaurants is based upon seating. We have a flat rate for
eStablishments that serve liquor. He looked at that in combination with other types of activities
wh,~re some entertainment is provided, such as movies, which is based upon a lesser seating
val.~e. He took the combination of those and, in comparison with other municipalities, came
witl~ the $!,000.00 fee. He did not think we could break it down further and add on to it. up
Ma3'or Taylor agreed with City Attorney Cherof's rationale. Furthermore, he did not think these
type of businesses would be discouraged by how much is charged for their occupational license
25
M~UTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
MOtion
Commissioner Rosen moved to ratify the findings and recommendations of the Equity Tax Study
C~mmission, with the exception of category 7928. Mayor Pro Tem Matson seconded the motion
wl dch carried 5-0.
M ~tion
Mayor Pro Tern Matson moved to approve Ordinance 095-22 with the amendment of category
7~ 28 to establish an annual occupational license fee in the amount of $1,000.00 for that category.
Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Clerk. The
motion carded 5-0.
~ 2. Proposed Ordinance No. 095-23 Re: Amendment to zoning code to allow
i wholesale of tropical fish in M-1 zoning district
i '
City Attorney Cherof stated that proposed Ordinances 095-23 and 095-24 are amendments to
th~ code to permit additional uses as permitted uses within the M-1 zoning district and the C-4
zoning district. He advised that we have been caught with the adoption and implementation of a
n4w State Statute requiring more detailed notices on any ordinance that affects a permitted,
c6nditional, or prohibited use. Although he felt we started these on time and probably could
p~oceed with them, in an abundance of caution and to be conservative, he recommended striking
tt~ese from the agenda, going through the notice requirements, and bringing them back for first
and second public hearing in conjunction with first and second reading.
Motion
Ct)mmissioner Rosen moved to strike Proposed Ordinances 095-23 and 095-24 from the
agenda. Vice Mayor Bradley seconded the motion which carried 5-0.
3. Proposed Ordinance No. 095-24 Re: Amendment to zoning code for
conditional use to allow mini warehouses in the C-4 zoning district
~ his item was stricken from the agenda. (See Item X.A.2.)
26
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Proposed Ordinance No. 095-26 Re: Term limits for commissioners - two
three-year terms ( November, 1996 referendum)
C!ty Attorney Cherofread proposed Ordinance No. 095-26 by title only.
Motion
Vice Mayor Bradley moved to approve proposed Ordinance No. 095-26 on second and final
re~ding. Commissioner Rosen seconded the motion.
th,
lit'
cil
th~
po
an
is
in~
ter
Co
thi~
thr
the
ultJ
M8
did
gOl~
pec
her
mrietta Solomon, 230 N.E. 26th Avenue, stated that she enjoyed the fireworks immensely last
ening. She commended the Police Department for conducting the evening well. With regard
this proposed ordinance, she was opposed it, She felt that the more often you let people vote,
,~ more involved they are with their city, the more say they have in their city, and they have a
:le control in their city. She said the will of the people should always prevail since it is their
y. She pointed out that Congress has a two year term and its continuity has gone on. She felt
: Commission should also remain at two year terms. She felt there is nothing better than
liticking every two years because this is the time that the candidates go out into their districts
:l talk to the people. This is the only time the people really see or hear the Commission
:ause many people cannot attend the City Commission meetings. She did not think the cost of
election should be a factor. She said politicians, graft and corruption are synonymous. If this
mt on a referendum, she felt the word "term" should be defined. She did not want it open for
~rpretation. She felt that if anyone serves any portion of a term, it should be considered a full
.TI.
mmissioner Jaskiewicz said she was on a committee with Mr. Lynch and Ms. Solomon when
; issue arose. However, a consensus could not be reached. Some people on the committee felt
,~e year terms were better because they felt the person could make long range plans the longer
term and that they could do a better job for the City. Therefore, the public will make the
mate decision.
yor Pro Tem Matson stated that this is scheduled for the November, 1996 referendum. She
not think anybody on this Commission has taken into consideration the fact that the
~plexion of this Commission is going to change in March by at least one and possibly two
91e. She felt that for this Commission to presume to speak for two people who are not sitting
is unconscionable because you are not letting them determine what is going to happen the
ember after they are elected. Also, this matter was discussed at a workshop and every one of
27
MINUTES
~GULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
the residents who attended was opposed to three year terms. She was in favor of unlimited two-
year years, which was suggested by the Palm Beach Post. However, she did not think the people
a~e ready for this type of change. She felt it was too drastic. This is why she suggested three
two~year terms. She pointed out that elections are built-in terms limits. If you are not good, you
a~e not going to be voted in. She said she had to mn three elections in four years and it made her
a better commissioner she knew she had to be responsible for two years. She said the people
Wanted two-year terms, unlimited or not, and they wanted to participate in their governmental
p~ocess every year.
Mayor Taylor stated that it is the people who are going to decide, not this Commission.
Therefore, it does not matter who is sitting on the Commission or when they are sitting on the
COmmission. He advised that many people have asked him for the opportunity to vote on this
because they do not think the two-year term is enough. He stated that whatever the people
decide is fine with him and it is not going to change the way he runs his term. He said he is
going to do his best every minute he is on the Commission and he thinks the other
C(
C
tl~
b
,mmissioners will too.
>mmissioner Rosen said he came on board because he hopes to make a contribution. He hoped
at he would be able to see to the end anything devised by this Commission and not be stymied
campaigning for an election.
Vice Mayor Bradley was pleased that the process will provide for the people to decide.
COmmissioner Jaskiewicz felt the people should make the decision.
Airoll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Pro Tem Matson
cast the dissenting vote.
B. Ordinances - 1st Reading
Proposed Ordinance No. 095-25 Re: Run-off elections, providing for
mn-off elections in the event one candidate does not receive in excess of
thirty-five (35) percent of the vote (March, 1996 referendum)
C~
ty Attorney Cherof read proposed Ordinance No. 095-25 by title only.
orion
28
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-25 on first reading.
COmmissioner Rosen seconded the motion. A roll call vote was polled by the City Clerk.
motion carded 5-0.
The
2. Proposed Ordinance No. 095-27 Re: Amend Appendix A, Section 6.D.7
to eliminate distance limitations between not for profit organizations
engaged in the sale of used merchandise
C!ty Attorney Cherof read proposed Ordinance No. 095-27 by title only.
Motion
Cgmmmissioner Jaskiewicz moved to approve prOposed Ordinance No. 095-27 on first reading.
COmmissioner Rosen seconded the motion. A roll call vote was polled by the City Clerk. The
mbtion carried 5-0.
~ 3. Proposed Ordinance No. 095-28 Re: Land Use Amendment - Lake Worth
i Christian School
!
Clty Attorney Cherof read proposed Ordinance No. 095-28 by title only.
iV~otion
C~mmmissioner Jaskiewicz moved to approve proposed Ordinance No. 095-28 on first reading.
Com. missioner Rosen seconded the motion. A roll call vote was polled by the City Clerk. The
mCtion carried 5-0.
City Attorney Cherofpointed out that Section 5 was changed and provides that the ordinance is
ef(ective 31 days after passage, rather than upon second reading.
Ci
M
Proposed Ordinance No. 095-29 Re: Rezoning - Lake Worth Christian
School
ty Attorney Cherofread proposed Ordinance No. 095-29 by title only.
otion
29
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
V!ce Mayor Bradley moved to approve proposed Ordinance No. 095-29 on first reading. Mayor
Pr~ Tern Matson seconded the motion. A roll call vote was polled by the City Clerk. The
motion carried 5-0.
~ C. Resolutions
Nc me.
Nc ne.
XI
None.
D. Other
UNFINISHED BUSINESS
None.
CITY MANAGER'S REPORT
XI]
Vic
me~
thal
I. OTHER
A. Request for donations by the track team
e Mayor Bradley said he was going to bring this item forward at the next Commission
~ting; however, two mothers of children on the track team were present to speak. He advised
31 youngsters are headed for the State competition in Tampa. They are looking for some
supl >ort. He asked the mothers to tell the Commission a little about the history of this pr°gram.
Ma~!ne Williams said her son is a national champion of the Hershey track and field meet.
Thi~y-one children have qualified for the State championship in Tampa. The parents are looking
for ~u.pport from the City to send these children to the State champiOnship on July 15th. If they
winl they will be going to Hershey.
Ms.
Tar
con
Williams advised that if only the parents contribute, the children will have to leave for
pa on Saturday at 4:00 a.m. to participate at 9:00 a.m. She asked if the City could help with
ributions so that the children can leave on Friday evening, sleep over Friday and Saturday,
30
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
and return home on Sunday evening instead of rushing back home.
111 response to Vice Mayor Bradley, Ms. Williams advised that two staff members are going with
the children.
V!ce Mayor Bradley advised that the City's pockets are short; however, he felt this program
merits consideration. He stated that prevention dollars spent in this way save ten times the
amount later on. He would like to see the Commission contribute a couple hundred dollars to
tl~is group.
Ia response to Mayor Pro Tem Matson, City Manager Parker advised that this is a City program.
She explained that it is like our arts and crafts program. It is open to any resident in Boynton
B~ach or in the County. It is held at a City facility and is coached by some City staff and some
parent volunteers.
I1~ response to Mayor Pro Tem Matson, City Manager Parker estimated that it would cost
between $600.00 and $700.00 for 6 rooms for the 31 children and two staff members. This is
based on 4 people in a room for two nights at $50.00 per room.
patricia Floyd had some figures prepared. She estimated that 8 rooms for the children at $40.00
would cost $320.00. Also, she said some parents cannot afford to feed their children. Therefore,
m~als would cost $15.00 per child or $465.00, for a grand total of $785.00.
~ayor Taylor asked how much money has been raised so far. Ms. Floyd stated that a meeting
was held Monday night, but only a couple of parents showed up, and they did not have any fund
raisers.
Mayor Pro Tem Matson asked who is going to pay for the trip to Hershey if they win. Ms. Floyd
advised that Hershey will pay for that.
InI response to Commissioner Jaskiewicz, City Manager Parker advised that there is still some
money in the contingency account.
Motion
Vice Mayor Bradley moved to contribute $500.00 to the track team. Mayor Pro Tem Matson
seconded the motion.
31
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 1995
In response to Mayor Pro Tem Matson, Ms. Floyd advised that the figure she quoted was for one
night.
The motion carried 5-0.
XiV. ADJOURNMENT
There being no further busines to come before the City Commission, the meeting was properly
adjourned at 9:09 p.m.
ATTEST:
C itl Clerk
cording Secretary
'our Tapes)
32
THE CITY OF BOYNTON BEACH
Mayor
Vice Mayor
C'~mrn~sioner
AGENDA
July 5, 1995
III.
CONSENT AGENDA
D
cc: Fin, Rec,
Util
AERIAL DATA REDUCTION ASSOCIATE 1NC .................. $16,162.00
Auto Design Base Mapping
Pay From W & S Util Rev Fund -- 421-000-0-690-21, $8,081.00
421-000-0-691-21, $8,081.00
DATA FLOW SYSTEMS INC ................................... $ 63,729.40
P.O. 9198. Remote Terminal Units
Pay From W & S Util Rev Fund -- 421-000-0-691-21
FLORIDA LEAGUE OF CITIES ................................ $15,082.00
Final Audit Billing - 1993-1994
Pay From Self Ins Fund-- 622-195-5-447-00
GAMETIME INC ............................................. $ 37,213.00
P.O. 9303. Replacement Playground Equipment
Pay From Public Serv Tax Const -- 301-722-5-634-15, $14,104.87,
301-722-5-634-16, $13,704.88, 301-722-5-634-17, $9,403.25
MBR CONSTRUCTION INC ................................... $ 31,104.90
P.O. 9601. Water Plant Const & Generator Room Window Rep
Payment #2
Original Contract
Change Orders
Adjusted Contract
Payments To Date
Current Payment
Contract Balance
$48,561.00
9,373.00
57,934.00
18,900.00
31,104.00
4,930.00
Pay From W & S Util Rev Fund -- 421-000-0-690-21, $29,661.00,
pay From 1990 Construction Fund -- 409-000-0-690-10, $1,443.90
SCRWTD BOARD ............................................. $ 25,716.47
Sinking Fund Exp, Cap Assets, Reuse, Cap Proj, Repair & Relpace
Sinking Fund
Pay From Util Gen Fund -- 403-000-0-691-20, $430.62, 403-000-0-691-22,
*24,164.42, Pay From W &S Rev Fund--401-353-5-699-99, $1,121.43C0 M
MISSION
JUL ,~
APPROVAL
SCRWTD BOARD ............................................. $ 22,085.71
Sludge Process Modifications/Engineers
Pay From Util Gen Fund -- 403-000-0-691-22
SCHOOL BOARD OF P.B.C .................................... $ 20,000.00
Title XX Donation
Pay From Gen Fund -- 001-194-5-988-00
SOUTH FLORIDA UTILITIES INC ............................. $11,250.00
Lift Station #317 Mod - Periodic Pymt #1
Original Contract
Change Orders
Payments To Date
Current Payment
Contract Balance
$424,094.00
0.00
0.00
11,250.00
412,844.00
Pay From1990 Const Fund--409-000-0-691-10
TARGET SURVEYING INC .................................... $12,800.00
P.O. 9717. Mangrove Park - Survey Work
Pay From Federal Grants -- 105-412-5-640-12
TREVOR TARBLE & ATT STEVEN W. GROMBERG ............. $18,000.00
Personal Injury Claims
Pay From Self Ins Fund -- 622-195-5-963-62
HENRY WILSON & STEVEN GROMBERG, ATT ................. $18,000.00
Personal Injury Ins Claim
Pay From Self Ins Fund -- 622-195-5-963-62
COMMISSION
JUL $
APPROVAL
THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE
DEPARTMENT HEADS INVOLVED.
DIANE REESE, DEPUTY FINANCE DIRECTOR
I THEREFORE RECOMMEND PAYMENT OF THESE BILLS.
CARRIE PARKER, CITY MANAGER
JUL 5
APPROVAL