Minutes 06-20-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, JUNE 20, 1995, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Matthew Bradley, Vice Mayor
Lynne Matson, Mayor Pro Tern
Shirley Jaskiewicz, Commissioner
Sidney Rosen, Commissioner
Carrie Parker, City Manager
James CherOf, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
Call to Order
Invocation - Reverend Alan Brewster - Grace Fellowship Church
Pledge of Allegiance to the Flag led by Commissioner Shirley Jaskiewicz
Mayor Taylor called the meeting to order at 6:30 p.m. Following the
Commissioner Jaskiewicz led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
invocation,
Under IX-New Business, Mayor Pro Tem Matson deleted Item A-l, "Problems at Boynton
Lakes Park", and replaced it with "One Cent Sales Tax Increase". She also added Item IV-B.7,
"(~entennial Presentation".
Vice Mayor Bradley added Item IX-E, "Consider Workshop with Planning Department for
D~nsitY Strategies".
2. Adoption
V
II.
ce Mayor Bradley moved to approve the agenda as amended.
conded the motion which carried unanimously.
ADMINISTRATIVE:
A. Appointments to be made.
Commissioner Rosen
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
A@pointment
TO Be Made Board
Length of Term
Expiration Date
Miayor
Miayor
II
IIi
II
II
II
I
Mlayor
Bradley
Taylor
Matson
Taylor
Jaskiewicz
Bradley
Bradley
Matson
Jaskiewicz
Bradley
Bradley
Matson
Bradley
Rosen
Matson
Taylor
*Board of Adjustment Alt
Board of Adjustment Alt
Bldg. Bd. of Adj. & Appeals Alt
Bldg. Bd. of Adj. & Appeals Alt
*Cemetery Board Alt
Cemetery Board Reg
Children & Youth Adv. Bd. Stu
Children & Youth Adv. Bd. Alt
*Community Relations Board Alt
*Education Advisory Board Alt
Library Board Alt
*Senior Advisory Board Reg
Senior Advisory Board Alt
Senior Advisory Board Reg
Cemetery Board Reg
Education Advisory Board Reg
2 yr term to 4/96
Term expires 4/97
Term expires 4/96
Term expires 4/96
1 yr term to 4/96
Term ex ~res 4/98
Term
Term
Term
Term
Term
Term
ex ~res 4/96
ex ~res 4/96
ex ~res 4/96
ex ~res 4/96
ex ~res 4/96
ex ~res 4/96
Term ex ~res 4/96
2 yr term to 4/97
Term expires 4/97
Term expires 4/96
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABI FD
TABLED
TABLED
TABLED
TABI FD
TABLED
TABLED
TABLED
M
A,
G
R~
orion
ce Mayor Bradley moved to remove all appointments from the table. Commissioner Rosen
conded the motion which carried unanimously.
ayor Pro Tem Matson tabled all of her appointments.
ayor Taylor appointed Michael J. Burns as an alternate member of the Building Board of
~justment and Appeals.
)mmissioner Jaskiewicz appointed Belky Cruz as an alternate member of the Community
.'lations Board.
Vice Mayor Bradley moved to place all remaining appointments on the table. Commissioner
Ja~kiewicz seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the
di~ssenting vote because of an objection to one of the appointments.)
2
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
III. CONSENT AGENDA:
A. Minutes:
Regular City Commission Meeting Minutes of June 6, 1995
No corrections were made to these minutes.
Bo
Bids - Recommend Approval - All expenditures are approved in the 1994/95
Adopted Budget
Award bid for painting of the City of Boynton Beach Library to B & R
Painting of Lauderhill, Florida, in the total amount of $6,950
The Tabulation Committee recommends awarding the bid to B & R Painting of Lauderhill,
FlOrida, in the total amount of $6,950. B & R Painting submitted the lowest, most responsive,
responsible bid proposal meeting all required specifications. Project Manager, Bill DeBeck,
h~s met with the contractor to ensure that the work requested can be completed for the bid
arqount.
2. Award Co-Op Bid for Road Construction and Material to Cabrera and
Rego Enterprises, Inc., of West Palm Beach
A~ outlined in Utilities Memorandum #95-1 72 dated May 26, 1995, from John Guidry to Lana
Koester, the Utilities Department wishes to utilize the Road Construction Materials Bid on an
as-needed basis depending on the project or repair. Utilities recommends that the City of
Bgynton Beach Utilities portion be awarded to Cabrera and Rego Enterprises, Inc., of West
Palm Beach, Florida, the most responsive, responsible bidder.
o
Award Annual Bid for Metal Containers and Roll-Offs to Industrial
Refuse Sales, Inc., of Lakeland, Florida. Containers are used in
development/residential area and for commercial refuse collection
P~Jblic Works Department Memorandum #95-91 dated June 6, 1995, from Robert Eichorst to
L~ na Koester, transmits the Public Works Department's recommendation that the bid be
awarded to the Iow bidder, Industrial Refuse Sales in Lakeland, Florida. Industrial Refuse Sales
w~as determined to be the lowest and most responsive, responsible bidder meeting the bid
re~quirements and specifications.
3
MINUTES
REGULAR CITY COMMISSION MEETING
BOyNTON BEACH, FLORIDA
JUNE 20, 1995
Resolutions
1.
Proposed Resolution No. R95-92 Re: Grant Submittal - Phase II Palm
Beach County Roadway Beautification Grant Congress Avenue Medians
(4)
2. Proposed Resolution No. R95-93 Re: Authorize execution of contract
with Gee & Jenson in the amount of $7,860 for contract administration
services Phase III - CDBG road improvements
3. Proposed Resolution No. R95-94 Re: Surety Release for Motorola at
Quantum Park, Lots 12, 13 & 14 (Catalfumo)
4. Proposed Resolution No. R95-95 Re: Surety Reduction for Quail Run
Villas
5. Proposed Resolution No. R95-96 Re: Florida Motor Vehicle Theft
Prevention Authority Grant 1995-96 Funding Cycle
C. Approval of Bills
bills is attached to these minutes on file in the City Clerk's Office.
Payment of Bills - May, 1995
bills is attached to these minutes on file in the City Clerk's Office.
F. Budget transfer from the Golf Course Contingency Fund to cover cost of
termite treatment to the clubhouse, range building, and one relief station and
additional Brink's pick-ups
emorandum #95-025 dated May 29, 1995, from Joe Sciortino through the City Manager, is
quests the transfer $2,695 from the Golf Course Contingency Fund into Other Contractual
:rvices, Account #411-725-5-499.00 to cover the costs outlined above.
G. Authorize purchase of Theft Deterrent System for Library from Knogo North
America, Inc., in the amount of $15,000
A ]copy of the
[.
A[copy of the
4
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
In Library Memorandum No. 95-015 dated June 1.4, 1995, Virginia Farace, Library Director,
explains that the Library has no electronic security system which makes theft detection
extremely difficult. Because of this, the Reference Department is suffering a high loss and the
remainder of the collection is vulnerable. Funds for this theft detection system are budgeted
and available for expenditure.
Mayor Taylor referred to the back-up material and questioned the dollar amount involved in
the theft. He pointed out that installation of a $15,000 theft detection system may not be
necessary if the loss amounted to $1,000.
Ms. Farace explained that a twenty-volume music dictionary was stolen. That loss alone was
approximately $8,000.
He
Award 2nd Extension for Sparling Magnetic Drive Flow Meters - 5 meters left
for replacement completion
As outlined in Lana Koester's memorandum to City Manager Parker dated June 12, 1995,
Utilities solicited the bid for Annual Supplies of Magnetic Drive Flow Meter Totalizer-
Transmitter and Flanged Tube As An Integral Unit for Wellfield on June 3, 1995. This was to
replace worn/broken flow meters to measure individual well flow. Of the Cityts 24 wells, only
five meters remain for replacement. TSC Corporation, representing Sparling Instruments Co.,
El Monte, California, is willing to extend the bid for an additional year at $1,520 each, with
the Cityts intent to order five to ten meters. This is the second extension on this bid. We
should complete this portion of the Renewal and Replacement scheduling once these
remaining five meters are replaced.
Approve purchase of Barnes Submersible Pumps (Piggyback Dade
County Bid) for inventory purposes from Southeastern Pump
Corporation, Pompano Beach, in the amount of $24,842
As outlined in Lana Koester~s memorandum to City Manager Parker dated June 9, 1995,
Utilities Pumping Stations requests the purchase of these pumps for inventory so that they are
readily available for speedy replacement in the event of an emergency.
A request for quote was distributed, utilizing the Dade County Bid #461 7-2/97 - OTR-CW.
The responses were tabulated, reviewed and an approval of purchase from Southeastern Pump
Corporation, Pompano Beach, Elorida, in the amount of $24,842 is submitted.
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
M0_tion
Mayor Pro Tem Matson moved to approve the Consent Agenda.
seconded the motion which carried 5-0.
IVi. ANNOUNCFMFNI & PRF$[NIAIION$:
A. Announcements:
Commissioner Rosen
M~yor
First City Commission Meeting in July will be held on Wednesday,
July 5, 1995, since Tuesday, July 4th, is a national holiday
Taylor made this announcement.
Centennial Celebration Opening Ceremonies at Boat Club Park,
Saturday, June 24, 1995, at 8:30 a.m.
M~ayor Taylor made this announcement.
B. Presentations:
1. Proclamation - Centennial Celebration
tvlayor Taylor read this Proclamation and presented it to Mayor Pro Tem Matson who is co-
c[r~airperson of the Centennial Committee.
2. Proclamation - July 4th Big Blast inviting the community to the July 4th
Big Blast
Mayor Taylor read a Proclamation extending the City's welcome to all to attend the July 4th
Bi!g Blast.
3. Proclamation - Chris Reitz for outstanding community service
A' the podium, Mayor Taylor read and presented a Proclamation commending Christopher
Ri ~itz for his leadership, integrity, vision and positive outlook in service to the City of Boynton
B,.~ach.
G)mmissioner Rosen wished Chris well and stated that knowing him has been an experience.
6
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Chris Reitz said he has invested his time in the City because he feels the return will be
tremendous. There are many talented people here he wants to be a part of and this City's
rebirth.
On behalf of the Chamber of Commerce, John_MarJ~in said it was a rare opportunity to have
met someone with Chris's forward thinking and ability to get people enthused. There will
alWays be a place for him at the Chamber of Commerce.
Vice Mayor Bradley expressed his gratitude for Chris' work on the Poinciana Elementary
SC~hool magnet program.
Virginia Farace advised that the Historical Society presented Chris with a certificate of
al~preciation for his persistence, enthusiasm and never-ending faithful commitment to the
B6ynton Beach community.
4. Award presentation to County Ice who for the past eleven years has
provided the City's Benefit Softball Tournament and Spring Sports
~ Festival with ice and a cooler box to keep the ice on site
jim Patterson presented a plaque to Benny Townend of County Ice for their continued support
ofi our Benefit Softball Tournament and Spring Sports festival. These contributions have saved
the City well over $3,000.
' d
Benny]'owne, expressed his appreciation for this award, and offered continued support of
the City's programs.
5. Sandy Simon - Community-Wide Visioning Session Information
tV ayor Taylor advised that the City Commission and the department heads have been involved
in' visioning sessions for the community. Five goals were agreed upon during those sessions
including economic development, revitalization of the downtown, public safety, education
a~d neighborhood revitalization.
Mayor Taylor pointed out that the visioning group realizes that the entire community needs
to move toward the same goals over the next three to five years. The City would like to get
th!e community involved in this process in the very near future.
Mayor Taylor introduced Alexander Simon who chaired the visioning process in Delray Beach.
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
A!exander "Sandy" Simon advised that as a result of the process in Delray Beach, a
reinaissance began. It was discovered that no goals could be reached without citizen
involvement, citizen ownership and citizen responsibility. Visioning means everyone must
be represented. A steering committee was established consisting of 16 citizen-appointed
m~mbers. The process was funded through the Delray City Council, the County Commission,
and the Delray Beach Chamber of Commerce. Two processes were experienced - Visions
2000 and Visions 2005. Visions 2000 involved the entire group going away for a three-day
period in order to get to know each other. Mr. Simon' recommended doing the same thing in
B0ynton Beach. Visions 2005 was held at the Boca Raton Hotel. At the end of Visions 2000,
th~ group had formed a 'policy statement consisting of the same goals mentioned by Mayor
Taylor.
Mi'. Simon recommended that the City facilitate a steering committee of 15 to 20 members.
Tl~e steering committee must be representative of the entire community and its purpose is to
determine the questions to be asked of the people, where the process will take place, when
it ,will take place, how much it will cost, how to raise that money, and who should be invited
to iparticipate.
W,hen Delray's visioning process took place, they enlisted the aid of Florida Atlantic
University's public administration group. They offered credibility, assistance, and guidance.
Mi. Simon explained that credibility is of the utmost importance. This process cannot be
oWned by the City Commission, the Chamber of Commerce or any one group. It must be
owned by everyone. He suggested that the City Commission initiate the process, and then
step back.
When the steering committee is organized, they will set up the program and generate the
questions. To do this, they will interview City Commissioners, department heads, and area
leaders. The committee will then break into groups and address the issues with the result
being a consensus policy statement. This process worked in Delray Beach and can work in
Bolynton Beach.
As a result of Visions 2000, Delray Beach realized endorsements of a $21.5 million bond
referendum to be paid for with one mil of tax and a 10 percent increase in the utility tax.
Without the visioning process, the City Council would not have received the support of the
citizens. Three-quarters of the bond money has been spent, and there are still a few remaining
prOjects. Mr. Simon explained that the cost of the first visioning process was $35,000.
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
i 6. Alton Taylor - Neighborhood/Drug Abuse Program
M~tyor Taylor announced that Mr. Alton Taylor, Executive Director of the Drug Abuse
Fdundation in Palm Beach County, was unable to attend tonight's meeting; however, he had
planned to discuss the benefits of a local drug court. The community has been offering a
tremendous amount of input relative to the drug problems in Boynton Beach. The City is
Io~king for ways to address this problem. Mr. Taylor will make a presentation at a future
m~eting.
7. Centennial Presentation
M~ayor Pro Tem Matson invited everyone to attend "the party of the century", and urged
evJeryone to pick up a schedule of events outside the Chambers. She explained that there will
be a function for everyone. A Centennial Store has been established at the Boynton Beach
M~all where Centennial merchandise can be purchased. The funds raised through purchases
wlll~' help offset the expenses associated with the events and proceeds over cost will benefit
the renovation of the old historic school. She announced the events and displayed the
aVailable merchandise.
VI. BIDS:
None
VI.
PUBLIC HEARING:
A. Placement of Medians on Boynton Beach Boulevard from 1-95 east to US #1
City Manager Parker acknowledged the presence in the audience of Dave Young of D.O.T.,
a.r~d advised that she has provided copies of an aerial map and the old Redevelopment Plan
sh~owing certain median placements.
C
C.
D
di
di
p~
ty Manager Parker advised that we can delay submission of our decision until the next City
)mmission meeting on July 5, 1995.
.O.T. has let the contract for the resurfacing of Boynton Beach Boulevard, and they are now
scussing the placement of medians. Due to the fact that technical staff was unavailable to
scuss the criteria, City Manager Parker suggested getting input from the public, and
oviding staff with direction on placement of the medians.
MINUTES · ·
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
USing the Redevelopment Plan, City Manager Parker directed the Commission's attention to
the median which restricts left turns into 4th, leaving 3rd open and restricting turns into NW
1 st.
COmmissioner Jaskiewicz questioned whether there is a length requirement. City Manager
P~rker responded affirmatively and stated that the smaller the median, the smaller the amount
of landscaping. Also of importance is the location of the medians with respect to the
landscaping of that median. If every side street is left open, we will severely impact the
landscaping we will have on Boynton Beach Boulevard.
City Manager Parker reminded the Commissioners that the City requested that D.O.T. grass
the utility areas rather than cement them. D.O.T. has offered an alternative plan of using
p~ver brick rather than cement. She requested direction on whether or not the City
COmmission would like paver bricks on both sides of the street for the entire length. Mayor
Ta~ylor feels the use of paver bricks will do away with maintenance and irrigation costs.
Mayor Taylor referred to concerns with the area east of Seacrest. City Manager Parker stated
that staff suggested starting at the corner of the Fire Station and extending eastward. Business
owners in the area have requested that staff review that and propose two smaller medians.
D.iO.T. has not yet responded with regard to the feasibility of those two options.
City Manager Parker further stated that staff needs direction with regard to particular concerns
ab[out closing the left-turn accesses to any particular intersection.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Jim Zengage, part owner of Main Street Car Wash and an officer of the newly formed Boynton
B(~ach Boulevard Association, said he is familiar with the proposed medians since meeting
wi[th City Manager Parker. He does not feel the sketch being reviewed this evening can
happen because of D.O.T. requirements. He met with Ann Ford and D.O.T. representatives
in [Fort Lauderdale, but no technical adviser was available to answer questions regarding space
utilization. He feels that if the City and merchants can meet and discuss needs, an agreement
cap be reached on the medians. He feels three medians can be installed from Seacrest to 1'95,
and one between Seacrest and the railroad tracks. However, this is a very complicated
procedure because of issues such as sight lines, stacking, etc. Discussion included the
ad~lition of new curbing, gutters, and handicap ramps. D.O.T. was also very receptive to
in~talling multi-colored pavers in the 30" areas. He believes a three-toned paver brick will
gi~e "some bounce to the Boulevard". Mr. Zengage requested a meeting between staff and
the association to offer input.
]0
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Salvatore DeCanio, director and owner of Palm Beach Eyes, is president of the newly-formed
Boulevard Association. He wants to cooperate with the City and the Chamber of Commerce
in this regard. The timing of this project can act as a spring board for collective change in
attitude and business atmosphere for Boynton Beach Boulevard. The association has
formulated a mission statement which states that it is the association's goal to change and
enhance the image of the Boulevard to attract people and new business to the boulevard. The
association supports medians and beautification, and would like an opportunity to discuss this
issue with staff and D.O.T. He realizes compromises will have to be made.
Mr. Zengage reminded the Commission that D.O.T. needs the business owners' input as soon
as possible because the contract will be let in July.
City Manager Parker advised that staff is planning to meet with the business owners within the
next week.
Mayor Taylor pointed out that everyone wants to see Boynton Beach Boulevard beautified,
and this is an opportunity for the City to' have D.O.T. do it for us at their cost. The City does
n(~t want to miss that opportunity. The City will try to meet as many of the desires of the
business community as possible as long as there is give and take on both sides.
Mike Agnello, property owner and business owner on Boynton Beach Boulevard, supports the
ins~tallation of the brick pavers and medians that do not interrupt access to the businesses. He
I .
als~o announced that there w~ll be a Beautification Day on Sunday, June 25. Everyone will
meet at the Holiday Inn Express at 8:00 a.m., and then proceed along the Boulevard to clean
up[ any properties which have fallen to neglect.
M,3yor Taylor thanked Mr. Agnello for this effort from the community.
Cc mmissioner Jaskiewicz expressed concern about 4th Court. She pointed out that street is
th(~ entrance to the school. City Manager Parker said the school buses would continue on and
en Ier at the next block. That would put them one block to the east and one block south.
Closure of 4th Court would not be a problem for the buses.
M Lyor Pro Tem Matson said she was part of a committee with D.O.T. Secretary Ben Watts in
February when the medians were discussed. She commended D.O.T. for facilitating this
project and acknowledged Secretary Watts for his involvement.
Vice Mayor Bradley pointed out that if he was a resident three blocks off Boynton Beach
Bo~Jlevard, he would be willing to detour rather than have the quick, easy access to 1-95 if the
]!
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Boulevard is going to be landscaped with long, lush medians. This is the decision the business
owners will have to make. If a decision is made to have a turn lane for every business on the
BOulevard, we will have no medians. He is hopeful that the businesses will be willing to
sacrifice some of their access in order to get a beautifully-landscaped median. He feels the
overall appearance of the Boulevard will bring more people to the Boulevard and enhance
business in the long range.
Mayor Pro Tem Matson reported that she, the City Manager and the Planning Director met
with the long-range planning committee of the First Baptist Church approximately six months
ago. She now requested that Ms. Heyden contact Woody McDuffy to make certain he is
aware of the plans because a change to the median to NW 1st may disrupt the access to the
church. In addition, she is concerned with 3rd because it is a heavily- traveled thoroughfare.
She looks forward to these concerns being addressed and solved.
COnsensus
There was a consensus of the Commission for the paver blocks for Boynton Beach Boulevard
and the Federal Highway project.
Mt. Zengage has discussed doing a pattern with three colors of paver blocks which will have
I.
an ~mpact upon entering the City. The work is estimated to start in October or November, and
take approximately 150 calendar days to complete.
Bo
Project Name:
Agent:
Owner:
Location:
Description:
Lake Worth Christian School
J, Richard Harris, Esquire
Condor Investments, Inc.
East side of High Ridge Road, approximately one-half mile
south of High Ridge Road
LAND USE ELEMENT AMENDMENT/REZONING:
Request to amend the Future Land Use Map of the
Comprehensive Plan from Low Density Residential to
Public and Governmental/Institutional and rezone from
Planned Unit Development (PUD) to R-1AA, Single-
Family Residential
Attorney Cherof administered the oath to all who would be testifying during the proceedings
for Lake Worth Christian School, Policy 7.9.6, Table #24 Text Amendment, 2404 S. Federal
Highway, and Sausalito Groves.
12
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
RichardHa~ris, agent for the project and President of the school board, explained that there
were comments relative to the abandonment of a portion of the roadway within the plat which
is dedicated by the plat of Cedar Ridge. He will immediately proceed with the application for
the abandonment. Two agreements with the Cedar Ridge developer are also required. One
is for emergency or'maintenance access through the'roads of Cedar Ridge to get to the ball
fields. The agreement is already in place and he will submit a copy to staff. The other
agreement is relative to drainage facilities. Conceptually, an agreement exists with the
developer of Cedar Ridge, but it has not been put in writing yet. As soon as it is completed,
it will be submitted to staff.
Tambri Heyden, Planning and Zoning Director, said there are seVeral criteria in the zoning
coble which staff is required to evaluate this proiect against. Policy 1.1 7 is the most interesting
beicause it pertains to noise and hazards. Normally, it would be expected that this type of
recreation would present noise and light problems to the surrounding residences. However,
Cedar Ridge has been using this field as a marketing tool. The future owners of the lots
al~utting this field have seen the plans of the expansion and have bought into the plan.
Eleven comments resulted from a cursory review of a conceptual master plan. The comments
p~rtain to relocation of the recreational facilities (ball field and swimming pool); utilities
acicess if the school is to be fenced in, the County's requirement for abandonment of the
public road, unity of title to assemble the property, and agreements with the developer of
Cedar Ridge Estates relative to drainage and access.
Staff recommends approval based on consistency with the Comprehensive Plan, subject to
any comments from Palm Beach County, and acceptance of the abandonment agreement and
th~ agreements regarding drainage and access.
Mkayor Taylor referred to the note on Page 7 of the back-up material relative to proper notice
b~ing given to the public. Ms. Heyden explained that this note means that if anyone objects
toithe way this was advertised, the applicant understands that he would have to go back and
begin again with renotification. ~
In[ response to Commissioner Jaskiewicz' question, Mr. Harris advised that the current school
houses Grade 6 through Grade 12. The elementary campus is located at the Christian Reform
Church in Lake Worth. That campus will be moved over, and classroom capacity will be
increased to accommodate 200 new students.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
13
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
COmmissioner Jaskiewicz moved to approve subject to staff recommendations and comments.
Vice Mayor Bradley seconded the motion which carried unanimouslyl
Co
Project Name:
Petitioner:
Description:
Policy 7.9.6, Table #24 Text Amendment
City of Boynton Beach
COMPREHENSIVE PLAN TEXT AMENDMENT: Request
to amend Table #24 of the Coastal Management Support
Document to show correct maximum density as 20
dwelling units per acre rather than 16 dwelling units per
acre for the Special High Density Residential land use
category
Tambri Heyden made the presentation and explained that this request is to correct an error
which was discovered in the Coastal Management Support Document. The discrepancy is in
Table #24 which shows 16 dwelling units per acre for the Special High Density Residential
lar~d use category. The Comprehensive Plan and the Future Land Use Map show 20 dwelling
un[its per acre.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Motion
M~yor Pro Tem Matson moved to approve Policy 7.9.6, Table #24, Comprehensive Plan Text
Amendment, to amend Table #24 of the Coastal Management Support Document to show
correctl maximum density as 20 dwelling units per acre rather than 16 dwelling units per acre
for! the Special High Density Res dential land use category. Commissioner Jaskiewicz
sec~onded the motion which carried unanimously.
Project Name:
Agent:
Owner:
Location:
Description:
2404 S. Federal Highway
Joseph G. Salamone
Boynton Jim, Inc.
East side of South Federal Highway at SE 23rd Avenue
(Gentleman Jim's Restaurant)
LAND USE ELEMENT AMEN DMENT/REZON lNG/TEXT
AMENDMENT: Request to amend the Future Land
Use Map of the Comprehensive Plan from Local Retail
Commercial to Special High Density Residential, rezone
]4
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
from C-3, Community Commercial to R-3, Multi-family
Residential, and amend text of the Coastal Management
Support Document, Table #24 by changing the acreage of
the Special High Density area from 9.9 acres to 11.35
acres
JoSeph Salamone, agent for the applicant, advised that the request for the zoning change was
made in order to unify the two parcels of land at the Gentleman Jim's site. If the zoning is not
changed, two buildings would have to be built.
T~Imbri Heyden said the current zoning On this property is C-3, Local Retail Commercial. The
in ent of this request is to unify this parcel with the parcel to the east for the development of
cc ndominiums. The Special High Density land use was created to cover a number of coastal
cc.ndominiums already in the City which exceed the 10.8 dwelling units per acre maximum.
A change to Table #24 is also part of this request. The adjacent land uses are as follows:
North - Streb's Restaurant zoned C-3
Northeast & East - Undeveloped Special High Density land use parcel zoned
R-3
South Hampshire Gardens zoned R-3
West Mobil Service Station zoned C-3
St~aff recommends approval of this request based on consistency with the Comprehensive Plan.
t[has been determined that traffic would be reduced by this amendment. Sanitary sewer
demands would be slightly increased and potable water demands would be increased. There
is[capacity to satisfy all demands. The proposed increase in density is very Iow and represents
a imaximum possible increase of 29 dwelling units.
Tl~e second basis for this recommendation for approval is the fact that it is compatible with the
f~ture and current use of adjacent and nearby properties. The property is developable under
the current zoning and classificatiOn; however, the availability of land for assemblage
facilitates waterfront development.
Vl~ce Mayor Bradley asked for an explanation of how this area became a Special High Density
a~ea. Ms. Heyden explained that the change was made in 1989, and it was done to protect
the mangroves. Another reason this designation is applied to such an area is that there may
b~ a change in the property value of properties with commercial use.
Mice Mayor Bradley stated that he is in favor of the project, but he feels it is important to note
]5
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
that the high density of this area is to allow development on a parcel containing mangroves.
This is a way to allow the mangroves to exist and yet still allow development.
COmmissioner Rosen feels this type of property can add a great deal to our redevelopment
when we begin to think in that direction.
Mk. Salamone confirmed for Mayor Pro Tem Matson that the condominiums will be two story,
fee-simple units.
M~ ~.~iceRosenstock, One ¥iJ]a~Laoe, feels th is property shou Id not be used for m u Iti-family
re ddential because Boynton Beach is becoming the bedroom of Palm Beach County. This
pa'rcel has the potential for development that would add to the beauty of the City or to the
bLsiness community. He feels this area should be looked at in a different light. It is important
to ,accumulate parcels to add to the vision the City is in the process of discussing.
C(,mmissioner Rosen questioned the price of the units. Mr. Salamone advised that the selling
price will be approximately $140,00~er unit. ($~.40,000 -' Co]:~:ect. ed 7/5'/95)
Mr. Salamone further stated that their neighbors are condo dwellers. A great deal of time was
tal~,en in the design phase of the project. He is very concerned with beautifying the area and
di(~ not want to develop something that would upset the community. The neighbors are
supporting this project. Mr. Salamone commended the Planning Department staff for their
assistance and stamina in dealing with the phone calls of residents who believed this project
wa~s going to be a restaurant on the water. Mr. Rosenstock's remarks are the only opposition
MrS. Salamone has received relative to this project.
WI
COl
se(
Sh~
Jas
Vic
~ile Commissioner Jaskiewicz appreciated Mr. Rosenstock's comments, she felt
~dominiums are very compatible to the area and will be an improvement. She was glad to
that these are not going to be rental apartments, and will be only two stories in height.
feels they will be an asset to the City. Mayor Pro Tem Matson agreed with Commissioner
:iewicz' remarks.
tion
~missioner Jaskiewicz moved to approve subject to staff comments and recommendations.
e Mayor Bradley seconded the motion which carried unanimously.
YOR TAYLOR DECLARED A FIVE-MINUTE RECESS.
]6
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 2O, 1995
VII. PUBLIC AUDIENCE:
KieranKilday reminded the Commissioners that he appeared before them two meetings ago
fo! a time extension for the Knuth Road PCD. The extension was approved minus the service
station which had been previously approved on the corner of the PCD. During the meeting,
some of the Commissioners expressed concern with how the surrounding communities felt
about the project. Mr. Kilday went back to the neighborhood and met with the residents. He
pOinted out that Mr. Roger Bennett, president of the Stonehaven Homeowners' Association,
submitted a letter stating the community's concerns which are larger than the service station.
Ttleir concerns are with the completion of Knuth Road and buffering which were part of the
eairl ier approval.
MI". Kilday requested reconsideration of the matter.
Commiss'oner Jaskiewicz advised that she was on the prevailing side, and therefore, requested
that this issue be put back on the agenda for reconsideration at the next meeting.
At!orney Cherof advised that because of the time period involved on a quasi-judicial matter,
th~ proper motion would be to rescind the previous Commission action. This issue would
have to go back on the next agenda as a motion to rescind. He recommended that the motion
be rescinded at the next meeting, and the public be notified that the issue Will be brought back
for discuSsion at the following meeting.
M~tion
Commissioner Jaskiewicz moved to place on the next agenda a motion to rescind the previous
mc,tion dealing with 'Knuth Road PCD. Mayor Pro Tem Matson seconded the motion which
carlried 4-1. (Commissioner Rosen cast the dissenting vote.)
Ca~'! Cascio~repres~r~tingAr~dr_~eSt..]uste, advised that Code Enforcement originally obtained
a lien against Mr. St. Juste in 1990, and by the time he learned about the Notice of Lien which
was served on the piece of propertyby certified mail to his ex-wife, a year past. Mr. St. Juste
did not live at the address. The lien accumulated to $51,200. He learned of that lien by
ser~,ice of the foreclosure suit on the lien.
Mr.[ St. Juste's attorneys did not procedurally attack this situation in the right manner. When
Mr.[ Cascio was retained, he realized that the only recourse Mr. St. Juste has is to request that
the !City Commission review the file to determine the facts and circumstances. The lien should
ha~/e been served by certified mail on the person so that he is assured of receiving notice. This
17
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
ien was improperly served on the address where the lien is attached.
Mr. Cascio said he has spoken with Attorney Cherof about the possibility of entering into
settlement negotiations to try to come up with a reasonable figure for Mr. St. Juste to try to
settle this matter since this is a main source of income for him.
Mayor Taylor advised that he has not had an opportunity to review any of the documents Mr.
Cascio has submitted since they only arrived this evening. He is unfamiliar with this situation
and will have to research it.
Attorney Cherof stated that this issue should not be addressed this evening, and expressed
sui'prise that Mr. Cascio has represented that the notice was not properly served. The Circuit
COurt judge determined the opposite when Mr. St. Juste was represented by counsel in trial.
This is the only trial the City has taken with respect to a Code Enforcement Board lien. All
other cases have been resolved prior to such action. Attorney Cherof requested that Mr.
Cascio provide him with a courtesy copy of the information provided to the City Commission.
Atiorney Cherof further stated that Code Enforcement staff would certainly offer input
regarding this property which is one of the more dilapidated pieces of property within the City.
Tllis property has been maintained in that condition throughout the proceedings. The City
offered to withdraw the lien if the property was brought into compliance.
VIlli. DEVELOPMENT PLANS:
Ao
Project Name:
Agent:
Location:
Description:
Sausalito Groves
H. P. Tompkins, Jr. - HPT Consultants, Inc.
West side of Lawrence Road, approximately 400' north of
Gateway Boulevard
SITE PLAN: Request for site plan approval to construct
entry wall signage, guardhouse, private recreation
(clubhouse, tennis court, shuffleboard court, swimming
pool and picnic area) common area lake plantings, buffer
landscaping and entry feature landscaping
~r~es~Tompkins, agent for Sausalito Groves, was present to answer any questions the
Commission might have following staff's presentation.
Tambri Heyden made the presentation. The Planning and Development Board approved this
re~luest with a 6-1 vote and an exception regarding Recreation & Parks Memorandum #95-260
MINUTES
REGULAR CITY COMMISSION ~MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
which pertains to one of the five recreational amenities (picnic area). After discussion with
Recreation & Parks, Ms. Heyden contacted the developer who has agreed to provide a quiet
ar&a with a meandering sidewalk, shade trees and benches. Staff recommends approval of the
request subject to staff comments and acceptance of a quiet area.
Mi. Tompkins confirmed that the addition of a quiet area is acceptable.
M~yor Pro Tem Matson is opposed to the quiet area and would prefer to see recreational
facilities to accommodate children of the community. She would like to see a small pavilion
wilth picnic tables and a barbecue pit.
Mi. Tompkins advised that this PUD has been targeted for residents 55 years of age and older.
Tt~e developer is providing extensive recreation facilities including a pool, tennis courts,
shuffleboard and a meeting area. The area in question was an area which was leftover green
sp~ce. A decision was made to enhance it to make it more useful. This is a secondary
recreational facility.
M~ayor Pro Tem Matson said she did not see anything in the back-up material which
m~ntioned that the community would be targeted toward the 55 year old resident.
M~tion
Commissioner Jaskiewicz moved to approve subject to staff comments and recommendations.
Vi!ce Mayor Bradley seconded the motion.
Mayor Pro Tem Matson questioned whether or not the motion must include a stipulation
regarding one of the two options recommended.
MOtion
Commissioner Jaskiewicz moved to approve subject to staff comments and recommendation
fo[r Option #2 including the barbecue and picnic tables. Vice Mayor Bradley seconded the
mr>tion.
Mr. lompkins requested clarification of the motion, and was advised that the option selected
ini the motion included the small pavilion.
charles Frederick, Recreation & Parks Director, advised that in readdressing this request, staff
realized that this is an isolated area from the main recreation area with no parking access. It
19
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
is a sliver of a piece of property at the entrance. He is not certain anyone from the community
wOuld use a pavilion and barbecue in this location. A quiet area in this location would be
better and is one of the legitimate credits allowable.
Motion
COmmissioner Jaskiewicz moved to approve subject to staff comments and the
re,Commendation that it be a quiet area as proposed by the developer. Vice Mayor Bradley
se[conded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.)
IX[. NEW BUSINESS:
A. Items for discussion requested by Mayor Pro Tern Lynne Matson
1. Problems at Boynton Lakes Park
Tl~is item was deleted and replaced by, "One Cent Sales Tax Increase".
Mayor Pro Tem Matson advised that an article appeared in the June 16, 1995 edition of The
P~lm Beach Post stating that the cities back a one-cent sales tax increase. It further stated that
th[e Municipal League supports such an increase.
Mayor Pro Tem Matson advised that there was some discussion about this proposal. This
in[crease is for school construction. The discussion included the feeling that we are "taxed to
th[e max", and the Municipal League should not make statements in support of the increase
c(~nsidering the mismanagement and misappropriation of school dollars. There must be
accountability.
Mayor Pro Tem Matson invited Jody Gleason and Commissioner Karen Marcus, chairpersons
o~ the new Education Task Force, to the Municipal League board meeting to discuss the issue
since this cannot be presented to the residents unless the issue is clear.
Mayor Pro Tem Matson asked that the record reflect the fact that the Board of Directors of the
Municipal League did not take a vote on this proposal. She further wanted to assure the
COmmission that she would not speak for the City without the Commission first discussing it.
Mayor Pro Tem Matson requested that this proposal be placed on the agenda for the next City
C~mmission meeting.
City Manager Parker stated that because this would be a referendum, the County, in.addition
2O
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
tothe seven larger cities, would have to agree to this being placed on the ballot. Boynton
Beach will have to vote to place this before the voters. At the Commission's request, City
Manager Parker will invite Jody Gleason and Commissioner Marcus to make a presentation
atthe July 18 meeting.
B. Items for discussion requested by Commissioner Shirley Jaskiewicz
Consideration of changing ordinance regarding parking of one ton
vehicles in residential neighborhoods
COmmissioner Jaskiewicz reported that she received a phone call from a resident in the ocean
inlet area expressing concern with the condition of other homes, drugs in the area, and
pa~rking of mobile homes. Commissioner Jaskiewicz requested that a copy of the Ordinance
de[aling with truck parking in residential areas (one-ton) be included in the back-up material.
After visiting the area, she is not sure changing the Ordinance would solve the problem.
Commissioner Jaskiewicz requested that the City Manager direct Code Enforcement to send
officers into the area to check on infractions of the Ordinances and report back to the
COmmission.
Ciiy Manager Parker advised that the specific address was checked, and they comply with the
on[e-ton Ordinance. Commissioner Jaskiewicz pointed out that there are other items such as
ul~keep of lawns, etc., which need to be investigated.
Vi~e Mayor Bradley said the capacity of a vehicle in no way determines what should, or
shguld not be in a person's driveway. The criteria in the Ordinance is not good criteria to
m~ke a determination. Vice Mayor Bradley said he has received calls relative to this area and
hehas asked the City Manager to investigate what other municipalities are doing. He pointed
ou[t that considerations might be screening such vehicles or requiring vehicles of a certain
di~nension to be parked on the side of the house similar to the requirements for boats and
re~:reational vehicles.
M~yor Pro Tem Matson said these homeowners have organized. She explained that when the
issue of increasing from three-quarters to one ton arose, she opposed it because she was
co'~cerned about the people who do not have the protection of homeowners' associations.
Th~ change was initiated purely for political reasons. The City is now stuck with something
th~qt is an eyesore. Because many of the violations are occurring on the weekends, Mayor Pro
Tern Matson requested that Code Enforcement check the area at that time to see What is
happening. Mayor Pro Tem Matson stated that if there is going to be a vision for the City, it
mL~st begin with taking care of people who have no protection.
2]
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Mayor Taylor has also received phone calls and letters concerning this problem, and the
people's desire to solve the problem themselves. The people of this area have formed an
organization and are ready to tackle this problem.
Commissioner Rosen said the size of the truck does not describe the problem. If the vehicle
is offensive, regardless of size, it should be incorporated into the Ordinance.
Consensu~
THere was a consensus of the Commission to put this item on the next agenda for discussion.
C. Appoint Voting Delegate for Florida League of Cities Annual Convention
C0ns~nsus
There was a consensus of the Commission that Mayor Pro Tern Matson become the voting
d~legate for the Florida League of Cities Annual Convention.
Consider approval of special event - Block Party on SW 1st Avenue to be held
July 4th
MOtion
Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion.
ViCe Mayor Bradley feels this is evidence of the' homeowners getting behind this wave of
enthusiasm.
M~yor Taylor referred to the recommendation from the Police Department that the barricades
be[ reflective. City Manager Parker explained that the Police Department will be providing the
barricades for the event.
Th~ motion carried unanimously.
E. Consider Workshop Meeting to Discuss Density Strategies
ViCe Mayor Bradley requested that the next workshop meeting include a discussion of density
strategies. He would like to discuss the ways to accomplish the lowest densities possible
given the constraints that exist. He is hopeful the Planning Director will be able to offer ways
22
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REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
to do this.
Commissioner Rosen requested that the workshop include discussion of the formation of a task
force on industrial development. Mayor Pro Tem Matson pointed out that since economic
deYelopment will be an integral part of the visioning process, it might be more appropriate to
include this topic as part of the visioning. Commissioner Rosen agreed, and withdrew his
request.
X. LEGAL:
A. Ordinances - 2nd Reading: PUBLIC HEARING
Proposed Ordinance No. O95-14 Re: Annexation - Lawrence Oaks -
Oriole Inc. Property .............................................................. TABLED
Proposed Ordinance No. O95-15 Re: Land Use Element- Lawrence
Oaks - Oriole Inc. Property ....................................................... TABLED
Proposed Ordinance No. O95-16 Re: Rezoning - Lawrence Oaks -
Oriole Inc. Property ................................................................... TABLED
Cily Manager Parker advised that the agreement with the County has not yet been drafted, and
wlll take several more weeks. However, we have a deadline with DCA to move forward with
th~ annexations. The recommendation is to move forward, and staff will continue to work on
thee agreement.
Mayor Pro Tern Matson moved to remove these items from the table. Vice Mayor Bradley
se~conded the motion which carried unanimously.
AItorney Cherof read Proposed Ordinances Nos. O95-14, O95-15, and O95-16 by title only.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Motion
Cgmmissioner Jaskiewicz moved to approve Proposed Ordinances Nos. O95-14, O95-15, and
0i95-16 on second and final reading. Mayor Pro Tem Matson seconded the motion. City
Clerk Sue Kruse polled the vote. The vote was unanimous.
23
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Proposed Ordinance No. 095-20 Re: Code change regarding distance
requirements for secondhand/thrift stores
A[torney Cherof read Proposed Ordinance No. 095-20 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Pastor Albu~y was present and thanked the City Commission for its consideration.
/v
fi~
th
s. Heyden advised that her memorandum dated June 14, 1995, concurs with the Planning
~d Development Board recommendation that the distance requirement be excluded in the
· 4 zoning district, but not in the C-2 and C-3 zoning districts.
orion
ayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-20 on second and
~al reading subject to staff comments to exclude C-2 and C-3. Vice Mayor Bradley seconded
e motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
o
Proposed Ordinance No. O95-21 Re: Providing for a methodology for
the appointment and removal of the City Manager and the City Attorney
by 4/5 vote
A~torney Cherof read Proposed Ordinance No. O95-21 by title only.
~1 orison
V ce Mayor Bradley moved to approve Proposed Ordinance No. O95-21 on second and final
rc'ading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
in~yOr Taylor requested that the sec,o, nd line of Section 4 be corrected to read, "...deemed
alid, illegal, or unconstitutional...
llhe vote was unanimous.
D. Ordinances - 1st Reading:
24
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Proposed Ordinance No. 095-23 Re: Amendment to zoning code to
allow wholesale of tropical fish in M-1 zoning district
Attorney Cherof read Proposed Ordinance No. 095-23 by title only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-23 on first reading.
Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote
was unanimous.
2. Proposed Ordinance No. 095-24 Re: Amendment to zoning code for
conditional use to allow mini-warehouses in the C-4 zoning district
Attorney Cherof read Proposed Ordinance No. 095-24 by title only.
Mbtion
Vi
C~
M
ce Mayor Bradley moved to approve Proposed Ordinance No. 095-24 on first reading.
~mmissioner Rosen seconded the motion.
ayor Pro Tem Matson reminded the Commissioners of the discussion on this issue at the last
aeting. She felt changing this Ordinance will allow rampant use of mini-warehouses in the
4 zoning district. The only way it could be made somewhat palatable was to make it a
~nditional use; however, she feels this is a very bad idea.
In reviewing the back-up material, Vice Mayor Bradley pointed out that there are not very
mBny C-4 zoning districts within the City, and each request will have to appear before the City
COmmission for conditional use approval.
Inlresponse to V~ce Mayor Bradley s request for background ~nformat~on on the property from
Old Dixie Highway to Federal Highway, Ms. Heyden said there is an existing mini-warehouse
orl the parcel fronting on Federal Highway' That project was approved in the County, and was
approved at the time of site plan approval for a phased project. Phase II has not yet been
c(~nstructed. When the City granted approval, it was conditioned upon annexation.
Annexation did not Occur until several years later. Phase II construction will be on Dixie
H!ghway.
Mis. Heyden confirmed for Mayor Taylor that the Planning and Development Board
25
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
unanimously recommended denial of this request. It was their feeling that a Code change
should not be made for two property owners.
M~Uric~Ros~_t~stock said the Planning and Development Board felt that not only would they
b~ making a recommendation for two property owners, but this also refers to a vision for the
City. They felt this should be allowed to continue as a business, but at some point in the
future, this property will have another use. They were opposed to ruling by exception.
COmmissioner Rosen feels the City Commission has a certain amount of flexibility it exercises
for its citizens. He supports placing a condition on requests such as this based on the location.
My. Heyden feels this is a property within an enclave which the City is working very hard at
tr~ing to annex with as little resistance as possible. Approval would allow this property to
cC~me in as a conforming use and we might be able to get the property owner to upgrade in
te~ms of screening. As a conditional use, the City will have some negotiating power.
M~yor Taylor feels there is a need for mini-storage, and he is not offended by the one which
exiists behind the Post Office. He feels staff has done a good job to make Sure that they do not
dO the things we do not want them to do. There is a limited amount of C-4 left in the City,
an~l anyone wanting this use will have to come before the City Commission. He further stated
th~t although he appreciates the input of the advisory board, he reminded them that their
recommendations are only advisory in nature, and the ultimate decision is made by the City
COmmission.
COmmissioner Rosen feels that in 95 percent of the cases brought to the City Commission with
th~ Planning and Development Board recommendation, the City Commission has upheld that
recommendation; however, the board cannot expect the Commission to rubber stamp
ev~e ryt h i n g.
COmmissioner Jaskiewicz has no objection as long as this is a conditional use and they abide
byI the restrictions in place.
Ciiy Clerk Sue Kruse polled the vote. The vote was 4-1 with Mayor Pro Tem Matson
dissenting because perpetuating these uses is not her vision for the City.
o
Proposed Ordinance No. O95-25 Re: Run-off Elections - Providing for
run-off elections in the event one candidate does not receive in excess
of 35 percent of the vote (Referendum March, 1996)
26
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Atiorney Cherof read Proposed Ordinance No. 095-25 by title only.
Vi~e Mayor Bradley moved to approve Proposed Ordinance No. 095-25 on first reading.
COmmissioner laskiewicz seconded the motion.
MCyor Taylor referred to the fourth line in the title of the Ordinance. The current wording
in~ticates that a candidate who receives 12 percent could be a candidate because that person
did not receive 35 percent of the vote. He feels the wording should be changed to read, "...no
c~ndidate receives in excess of 35 percent (35%) of the vote;..."
Ini addition the first "Whereas" paragraph repeats the same wording used in the title, lhat
w~rding should also be changed to read, "...no candidate receives in excess of 35 percent
(35%) of the vote;...".
A~torney Cherof advised that the title will be changed, and the Ordinance will be brought back
foi first reading at the next meeting.
COnsensus
T~er.e was a consensus of the Commission not to move forward on this Ordinance this
euenlng.
~ 4. Proposed Ordinance No. 095-26 Re: Term Limits for Commissioners -
i Two three-year terms (Referendum November, 1996)
A{torney Cherof read Proposed Ordinance No. 095-26 on first reading.
Mo_t Jori
C0mmissionor Rosen moved to approve Proposed Ordinance No. 095-26 on first reading.
Vice Mayor Bradley seconded the motion.
C°mmissioner Rosen said he would have preferred three three-year terms because the
c~mmunity can make choices at the polls. In looking at the April 18 minutes, Commissioner
R~sen quoted Mayor Pro Tem Matson as stating that "a lack of continuity is very bad" with
V~
gard to her League work for the City because eliminating the number of times a citizen can
~te for a candidate abrogates their property rights.
27
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
Mayor Pro Tem Matson stated her remarks referred to two-year unlimited terms. She further
stated that she had proposed three two-year terms because she did not feel the residents would
support unlimited terms. It is her opinion that the referendum is doomed to fail at three-year
terms. Three two-year terms would be more palatable to the residents.
City Clerk Sue Kruse polled the vote. The vote was 4-1. (Mayor Pro Tem Matson cast the
dissenting vote.)
E. Resolutions:
Proposed Resolution No. R95-97 Re: Authorize execution of
Consultant agreement between the City of Boynton Beach and Wallace
Roberts & Todd for Downtown Mangrove Park
Attorney Cherof read Proposed Resolution No. R95-97 by title only.
Motion
ViCe Mayor Bradley moved to approve Proposed Resolution No. R95-97. Commissioner
ROsen seconded the motion.
In [response to Vice Mayor Bradleyts question, City Manager Parker advised that bidding will
begin at the beginning of November, 1995. That process usually takes one or two months.
The motion carried unanimously.
Proposed Resolution No. R95-98 Re: Authorize execution of
Consultant agreement between the City of Boynton Beach and Robert
Currie & Associates for historic school project
Atlorney Cherof read Proposed Resolution No. R95-98 by title only.
M ~ti on
Vi~ce Mayor Bradley moved to approve Proposed Resolution No. R95-98.
Ja:~kiewicz seconded the motion which carried unanimously.
2g
Commissioner
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
F. Other
1. Ratify settlement of Trevor Tarble and Henry Wilson Lawsuits
Ri~k Management Memorandum No. 95-030 recommends settling the lawsuits for this police
liability case.
MOtion
Vi~e Mayor Bradley moved to approve staff recommendation regarding the Tarble and Wilson
la,¥suits. Commissioner Rosen seconded the motion.
C(~mmissioner ]askiewicz pointed out that settlement of the lawsuit is not an admission of
gu It. Attorney Cherof confirmed that a settlement is not with respect to any condition of guilt
or innocence. It is simply cost efficient to settle the matter.
Thle motion carried unanimously.
UNFINISHED BUSINESS:
None
CITY MANAGER'S REPORT:
None
XI[I. OTHER:
None
Xl¥. ADJOURNMENT:
Thbre being no further business to come before the Commission, the meeting properly
ad iourned at 9:40 p.m.
29
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1995
THE CITY OF BOYNTON BEACH
ATTEST:
Cit~ Clerk
(FOur Tapes)
Mayor
Vice Mayor
Mayor Pro Tem
Commiss
Commissioner
S:\QC~Wi~\MI N UTES\COMM\062095.WP D
3O
AGENDA
JUNE 20, 1995
III.
CONSENT AGENDA
D
cc: Fin, Util
Rec
P.O. 7158. STORAGE TANK CONST, PYMT #13
ORIGINAL CONTRACT
CHANGE ORDERS
PAYMENTS TO DATE
CURRENT PAYMENT
CONTRACT BALANCE
$2,201,780.00
0.00
1,597,555.80
71,051.40
533,172.79
PAY FROM 1990 CONST FUND -- 409-000-0-690-10
JOHN C. CASSIDY INC ........................................ $ 81,000.00
P.O. 9246. HVAC MODIFICATIONS, PYMT #1
ORIGINAL CONTRACT
CHANGE ORDERS
PAYMENTS TO DATE
CURRENT PAYMENT
CONTRACT BALANCE
$861,703.00
0.00
0.00
81,000.00
780,703.00
PAY FROM PUBLIC SERV TAX CONST -- 301-194-5-634-12
MOTOROLA ................................................. $18,653.49
P.O. 8104. RADIO MAINTENANCE/SERVICE
PAY FROM GEN FUND -- 001-197-5-431-00
ROLM COMPANY ............................................ $11,922.00
P.O. 9271. AUTO/CALL DIST CTR TELEPHONE
PAY FROM W & S REV FUND -- 401-393-5-672-00
SOLID WASTE AUTHORITY .................................. $ 87,471.82
P.O. 8126. DAILY LANDFILL USE
PAY FROM SANITATION FUND -- 431-341-5-490-01
SCRWTD BOARD ............................................ $158,201.32
MAY USER CHARGES
PAY FROM W & S REV FUND -- 401-353-5-490-09
COMMISSION
JUN 20
APPROVAL
STANLEY CONSULTANTS INC ................................
WWTP CONST MGMT/PROF SERVICES
PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $28,124.10
PAY FROM W & S UTIL REC FUND -- 421-000-0-691-21, $3,000.00
WEST CONSTRUCTION INC ..................................
P.O. 8948. C-16 LINEAR CANAL PARK CONST, PYMT #4
ORIGINAL CONTRACT
CHANGE ORDERS
ADJUSTED CONTRACT
PAYMENTS TO DATE
CURRENT PAYMENT
CONTRACT BALANCE
$178,488.00
648.38
179,136.38
126,760.71
34,462.03
17,913.64
PAY FROM FEDERAL GRANT FUND -- 105-722-5-634-00
$ 31,124.10
$ 34,462.03
COMMISSION
JUN 20
APPROVAL
TI
D]
tESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE
?,PARTMENT HEADS INVOLVED.
DIANE REESE, DEPUTY FINANCE DIRECTOR
?HEREFORE RECOMMEND PAYMENT OF THESE BILLS.
CARRIE PARKER, CITY MANAGER
COMMISSION
JUN I$0
APPROVAL