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Minutes 11-18-03 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 18, 2003 AT 6:30 P.M. Present Gerald (Jerry) Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Robert Ensler, Commissioner Bonnie Glinski, Deputy City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order- Mayor Taylor Mayor Taylor called the meeting to order at 6:31 p.m. B. Invocation - Father Mark Szanyi, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner McCray Father Mark Szanyi of St. Mark Catholic Church offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor received a request to move Item XIII. to be heard immediately after the Consent Agenda and before Item VII. 2. Adoption Motion Commissioner McCray moved to approve the Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McKoy commented that last week he attended the 43rd Annual Legislative Conference of the Florida League of Cities on which he serves on the Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Judicial Committee. He reported on issues that the Judicial Committee would be bringing before the Legislature at its next session as follows: · The Florida League of Cities supports legislation that will allow municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances and will support legislation that will significantly reduces the fee schedules for enforcement of municipal codes and/or ordinances. He further stated that City Commissioners are currently prohibited from voting on matters that could result in a private gain to a relative. For that reason, he announced that he would not participate and vote on Agenda Item XIII. That agenda item concerns a request by the Juvenile Transition Center, Inc. that provides assistance to delinquent and at-risk youth in our community and is funded in part by CDBG funds. His wife is the corporate officer of the JTC, and he has filed the required Conflict of Interest Form with the City Clerk. Mayor Taylor reported that the School Board is working on a bond issue and has not decided whether to include Galaxy Elementary School. Mayor Taylor reported that Galaxy Elementary is in dire need of upgrade and repair. He stressed the importance that this School is included in the bond issue and the City Manager prepared a letter on his behalf requesting that Galaxy Elementary be included in the bond issue. Mayor Taylor asked everyone to contact their School Board members to urge them to include Galaxy School in the bond issue. Commissioner McCray reported that St. John Missionary Baptist Church is in the process of opening up their charter school and Pastor Lance Chaney will be contacting the Mayor and Commissioners for their support in favor of the charter school. Mayor Taylor announced that the card system would no longer be employed and anyone wishing to address the Commission may do so under public audience. If you wish to speak about a particular item on the agenda, please speak on it at the time it is being addressed. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events: Wayne Segal, Public Affairs Director, announced the following events: 1. Oceanfront Concert - Friday, November 21,2003, 6:00-9:00 p.m. - Cricklewood Band (Doo wop) - Oceanfront Park Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 2. PAX-TV's "Animal Tales" - Saturday, November 22, 2003, 11:00 a.m. - 2:00 p.m. - Parking lot in front of the Barnes & Noble Store, 333 N. Congress Avenue 3. "A Season of Peace" Holiday Tree Lighting - Saturday, November 22, 2003, 6:00-9:00 p.m. - Schoolhouse Children's Museum 4. CRA Multi-Cultural Winter Carnival - Saturday, December 6, 2003, 2:00 p.m.-midnight - 500 block of Ocean Avenue 5. Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway C. Presentations: 1. Proclamations: a. Dr. Martin Luther King, Jr. Day - January 19, 2004 Mayor Taylor read the proclamation proclaiming January 19, 2004 as Dr. Martin Luther King, Jr. Day in the City of Boynton Beach, Florida. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, 1711 Wood Fern Drive, con9ratulated Mayor Taylor and District 1 Commissioner Ensler. Because the bond referendum did not pass, he requested that the Commission set their sights on new priorities and to make the Library their number one priority. Commissioner Ensler informed him that he asked the City Manager to try to get an extension on the $500,000 grant. Mr. Suss did not want to see the City lose this money and noted that it was important that the City get a new Library. Mr. Suss said that he was in favor of the growth takin9 place in the City, but he did not want to see high rises along Congress Avenue. He did not want Boynton Beach to end up looking like Ft. Lauderdale or Miami. Mayor Taylor informed Mr. Suss that there is a Commission meeting scheduled to discuss the bond issue and that Mr. Bressner has requested an extension of the deadline. Alice Otis, 203 SW 13th Street, said that she attended the Fire Assessment Hearing and it appeared that it would be going to trial. She did not want to see the City lose the Fire Assessment money and the funds for the new fire stations. She felt that the fire stations should come first. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 David Katz, 67 Midwood Lane, congratulated Mayor Taylor, Commissioner Ensler and Vice Mayor Ferguson. Betty Pierce, 637 Oak Street, Chairperson of the Parks and Recreation Advisory Board reported on some of the projects that the Board is working on. They have supported the Senior Center and, since the bond issue did not go through, that is a strong priority of their Board. They would be glad to assist the Commission in trying to locate funds for the Senior Center. The Board would also like to have a Park Ranger Program in the City. This Program is currently operating throughout the County and other municipalities and the Board feels that this is a Program that the City needs. They are also interested in the County's Adopt-a-Park Program, which would be a deterrent to crime and vandalism in the City's parks. She noted that previously the recreation impact fee could be paid in either land or money and currently the City is only accepting money. She would like to see the City go back to land or money because the Advisory Board may be interested in the City purchasing certain properties that could be used for parks. They feel that Jaycee Park would be a great asset for the City and this had been included in the bond referendum as well. The Board's Vice Chair, Bill Orlove, is on the Committee studying the Old High School and he would be glad to provide an update to the Commission. Ms. Pierce extended an invitation to the Commissioners and the City Manager to attend one of their meetings. Commissioner Ensler informed Ms. Pierce that when the Ordinance was passed, it was passed as money or land, at the option of the Commission. Doris Jackson, 531 NW 10th Avenue, President of Poinciana Heights Neighborhood Association, congratulated Mayor Taylor and Commissioner Ensler. Bob Brown, 701 S. Seacrest Boulevard, congratulated the new Mayor and Commissioners. He noted that the Commission considered a 30-year contract with FP&L and currently the County Commission has been discussing burying lines as opposed to maintaining them. He would like to see the City consider burying more lines and to determine whether the City should enter a 30-year contract if it dealt with maintaining overhead power lines. He reported that he has a neighbor adjacent to his property who installed a pigeon coup and there are hundreds of pigeons flying over his property, scattering droppings everywhere. He requested that the Code Compliance Division look into this to determine whether or not this is legal, as it is becoming a nuisance. Francois Canale, 461 SW 3rd Street, congratulated the new Mayor and Commissioners. He pointed out that January 1,2004 would be the 200-year anniversary Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 of the second oldest republic in the Americas, i.e. the Country of Haiti. He would like the Commission to consider a proclamation celebrating that event and offered his services in preparing the proclamation. Betty Pierce, 637 Oak Street, thanked the Commission for getting involved with INCA and if there are any questions, to feel free to contact them. She also would like to see the community clubhouse that was destroyed on Gateway replaced. Commissioner McCray pointed out that the clubhouse on Gateway was not destroyed; it was removed. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept resignation from Bob Ensler, Alternate Member of the Planning & Development Board Motion Commissioner McCray moved to accept the resignation from Bob Ensler. Motion seconded by Vice Mayor Ferguson and unanimously carried. Mayor Taylor thanked Commissioner Ensler for the time and effort that he put in while serving on the Planning and Development Board. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt ! yr term to 4/04Tabled (3) ]'V McKoy Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/04Tabled (3) Mayor Taylor Advisory Bd on Children & Youth Stu/Voting ! yr term to ,t/04 III Ferguson Cemetery Board Reg 3 yr term to 4/04 ITl Ferguson Education Advisory Board Stu ! yr term to 4/04Tabled (3) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05Tabled (3) I Ensler Planning & Development BoardAlt ! yr term to 4/04 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Motion Vice Mayor Ferguson appointed Kyle Dencker as his Student appointment to the Education Advisory Board. Motion seconded by Commissioner McCray and unanimously carried. All other appointments were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of November 3, 2003 2. Regular City Commission Meeting of November 5, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS," Bid #072-2821-03/JA, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 (TABLED ON 10/21/03) Item B.1 removed from the Consent Agenda at the request of Commissioner McCray. 2. Multi-award Bid #091-1412-03/CJD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all specifications, with an annual expenditure of $200,000 3. Utilize the STATE OF FLORIDA, SNAPS AGREEMENT #2502011- 4 to R & S INTEGRATED PRODUCTS AND SERVICES, INC. to provide document imaging of permitting records with an estimated annual cost of $36,200 4. Award Bid #004-2821-04/JA, WEST WATER TREATMENT PLANT PHASE III, MEMBRANE REPLACEMENT PROJECT, to American Engineering Services, Inc. and to execute a contract in the amount of $628,709.70 and approve an owner's contingency of 10% in the amount of $62,870.97 for a total project budget appropriation of $691,580.67 (Proposed Resolution No. R03-181) 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 5. Piggy-back City of West Palm Beach Bid #00/01-46 with Metro Service Consultants Inc. to provide a coordinated program of fire hydrant testing of 3,100 hydrants and documentation of testing and maintenance for an amount up to $75,000 C. Resolutions: 1. Intentionally left blank 2. Proposed Resolution No, R03-182 Re: Execution of a contract with each of the 20 final, acceptable, qualified firms that responded to the Request for Qualifications (RFQ) #065-2821- 03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach" Item C.2 removed from the Consent Agenda at the request of Vice Mayor Ferguson 3. Proposed Resolution No, R03-183 Re: Authorizing individuals to sign for all City accounts at Bank of America D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Approve the petition from Anthony Diodato, representing Dependable Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 G. Request for amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type H. Approve South Central Regional Wastewater Treatment and Disposal Board Resolution No. 1-03, modifying Resolution No. 9-81, to provide that upon collecting user charges from the Cities of Delray Beach and Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board shall retain in its own independent and segregate sinking fund account the sum appropriated out of such collected user charges as the sinking fund, rather than distributing the same to the Cities of Delray Beach and Boynton Beach for their independent investment 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Motion Commissioner McKoy moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Ensler and unanimously carried. B. 1. Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS," Bid #072-2821-03/JA, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 (TABLED ON 10/21/03) Commissioner McCray removed the item from the agenda so that it could be acted upon. Motion Commissioner McCray moved to remove from the table. Motion seconded by Commissioner McKoy and unanimously carried. Motion Commissioner McCray moved to accept the award for the Annual Supply of Polyphosphate Type Corrosion Inhibitors. Motion seconded by Vice Mayor Ferguson and unanimously carried. C. 2. Proposed Resolution No. R03-182 Re: Execution of a contract with each of the 20 final, acceptable, qualified firms that responded to the Request for Qualifications (RFQ) #065-2821- 03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach" Vice Mayor Ferguson said that he received a request to remove this item from the Consent Agenda. Attorney Cherof stated that this was a request from Legal. He requested that approval of the Resolution be subject to amending the indemnification section of the Agreement on Page CA-3 of the agenda to allow the indemnification provision to conform to Florida Statute 725.08. Motion Vice Mayor Ferguson moved to approve, as amended. Motion seconded by Commissioner McCray and unanimously carried. XlII. UNFINISHED BUSINESS: (Addressed Out of Order) 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 A. Proposed Resolution No. R03-184 Re: Approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 for fiscal year 2002-03 Motion Commissioner McCray moved for discussion. Motion seconded by Commissioner Ensler and unanimously carried. Commissioner McCray noted that the item had been placed on hold previously pending receipt of information from HUD. HUD has responded to the City Attorney informing the City that it is in order for the City to award the grant. Commissioner McCray pointed out that all the paperwork has been completed and Octavia Sherrod of the Community Redevelopment Division concurred with this. Kurt Bressner, City Manager noted that Commissioner McCray explained the situation correctly. The City Commission recommended approval of the JTC grant in July 2000. In the interim, Commissioner Carl McKoy was elected as a City Commissioner, and questions were raised whether this constituted a conflict of interest for Commissioner McKoy. Mr. Bressner pointed out that the City has the authority to enter into a sub-grantee agreement with the JTC pursuant to a letter dated October 15, 2003 that was received by the City of Boynton Beach to Mr. Cherof. In the letter, HUD has agreed to a one-time exemption to allow the City to enter into a sub-contract with the JTC to allow funding for program year 2002-2003 for a Community Development Block Grant in the amount of $7,500. Attorney Cherof explained that the reason the grant is a one-time grant is because HUD only looks at their grant process on an annual basis by fiscal year. This will not rule out future grants, but HUD was limiting their opinion to the one year that was under review. Commissioner McCray inquired if the Juvenile Transition Center could come back and apply for another HUD grant while Commissioner McKoy is still serving as a Commissioner. Attorney Cherof stated that the JTC could apply annually, even though Commissioner McKoy is still serving, because he has filed the appropriate conflict of interest form and made the disclosure publicly. Herb Suss urged that the Commission approve the grant. He pointed out that the JTC does good work and the whole process was needlessly held up. Terry Pereira, who is a Board member on the JTC, pointed out that the JTC has received good reports continually, in spite of the negative comments that emanated from one individual. He pointed out that the JTC has since received additional County Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 grants and it is a good organization doing good work. Mr. Pereira implored that the Board award the grant. David Katz, 67 Midwood Lane, Boynton Beach is not questioning what the JTC provides to the children in the community, but he feels there are some unanswered questions. As a taxpayer, he is not in favor of awarding this money and read from the JTC's Articles of Incorporation that in summary state "that no part of the net earnings of the organization shall inure to the benefit of or be distributable to its members, trustees, officers, or other private persons...The organization shall be empowered to pay reasonable compensation for services rendered..." The 2000 tax return shows the total revenue of the JTC at slightly over $220,000. The President of the JTC, who is Commissioner McKoy's wife, has received $87,500 in benefits and salary, which is 38% of the revenue. Mr. Katz requested that the Commission withhold any further funding. Lee Wische, 1302 18th Street, Boynton Beach said that he attended an event that the JTC held and pointed out that the children who were tutored by the JTC went on to college and would never have had the opportunity to do so without the assistance of the JTC. He felt that they were a very reliable and honest organization. They keep children off the streets, educate them and get scholarships for them, which cannot be measured by compensation. Commissioner Ensler said that he visited the facility and noted that it was a program to teach children in need remedial math and English. It is an excellent program and students are recommended to the program by the schools. He was satisfied that all the questions that had been raised have been answered accordingly and there was no reason in his opinion not to approve the grant. Motion Commissioner Ensler moved to approve Proposed Resolution No. R03-184. Motion seconded by Commissioner McCray. Mayor Taylor noted that three separate agencies have looked at the JTC and they received a clean bill of health. He was in favor of awarding the grant. Vice Mayor Ferguson stated that he would like to see an operational audit that had been requested by former Commissioner Weiland. Vote Motion carried 3-1 (Vice Mayor Ferguson dissenting and Commissioner McKoy abstaining). VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. None 10 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida November 18, 2003 VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None IX. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on 11/5/03) Mr. Bressner reported that the discussion of the Development Agreement for the Marina property would be on the next Commission agenda. The CRA will review and discuss this at their next meeting and it will come back to the Commission as an amendment to the Mediation Agreement. X. FUTURE AGENDA ITEMS: A. High School Task Force Report (December 2, 2003) B. Development of Resolution calling for display of POW/MIA Flag (December 2, 2003) C. Consideration of additional homestead exemption for eligible seniors (December 2, 2003) D. Discussion of rotation of CRA Chair (December 16, 2003) E. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 6:30 p.m. - Conference Room C - West Wing) F. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) G. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 2004) H. Strategic Planning Session (January 2004) I. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) J. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) K. Proposed Lease Agreement with Boynton Woman's Club (TBA) Xl. NEW BUSINESS: 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 A. Discussion of an Ordinance or procedure for the selection of the Vice Mayor Attorney Cherof noted that there is a draft ordinance in the agenda packet for discussion due to the fact that he has received several calls since the last meeting asking what procedures the Commission follows to select a Vice Mayor. Attorney Cherof prepared two items for discussion that he supplied prior to the meeting. The first point is "who can be selected vice mayor" and the three alternatives he listed are - 1. Any member of the Commission. 2. Any member of the Commission who has not already served as Vice Mayor. 3. Any member of the Commission who has not served as Vice Mayor during his/her current term of office. Commissioner McCray stated that he asked that this be brought to the Commission because he felt that every Commissioner should be afforded the opportunity to represent the entire City and to serve as Vice Mayor. He thought that this was the fair and honest way to do it. Commissioner McKoy felt that a process for the selection of Vice Mayor needs to be in place. This should be a rotating position and after a Commissioner serves as Vice Mayor, he should not be allowed to serve as Vice Mayor the next year. Mayor Taylor agreed with these comments and agreed that a policy was needed. He felt that option #3 should be adopted to accomplish this. Attorney Cherof next addressed how the voting for the Vice Mayor should be handled following the close of nominations. The draft ordinance provides that any member of the Commission may nominate another member of the Commission to serve as Vice Mayor and no second is required. Below are three alternatives: 1. City Clerk prepares hand-written ballot listing all nominees. Each member of the Commission votes for one nominee until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one, the nominee with the most votes wins. 2. Same as No. 1, but no written ballot. Voice vote. 3. Roll call vote in order of nominations. First nominee to receive majority vote wins. Attorney Cherof noted that No. 1 was from Robert's Rules of Order. Mayor Taylor pointed out that the Commission operates under Robert's Rules and felt written ballots were not necessary. He was in favor of voice votes, which the other Commissioners agreed with. Therefore No. 2 was selected. Attorney Cherof will prepare the ordinance with the corrections for first reading at the next meeting. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 B. Motion to rescind prior Commission action of October 21, 2003 that granted the following: 1. Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to 1 per street frontage to allow 2 driveways along the street frontage for an existing gas station business 2. Gateway Texaco (ZNCV 03-013), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station 3. Gateway Texaco (ZNCV 03-014 and 03-015), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5- foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business 4. Gateway Texaco (ZNCV 03-016 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business 5. Gateway Texaco (ZNCV 03-023), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article II1. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business 6. Marouf's Carwash (NWSP 03-011), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot carwash on a 0.22-acre parcel in a C-3 zoning district 7. Gateway Texaco (COUS 03-007), 2360 North Federal Highway- Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district Attorney Cherof reported that this item dealt with the approval of five variances, one site plan and one request for conditional use that was addressed as one public hearing matter heard on October 21, 2003. Motion Vice Mayor Ferguson moved to open the item for discussion. Motion seconded by Commissioner Ensler and unanimously carried. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Mayor Taylor opened the meeting to the public. Beril Kruger, representing Gateway Texaco, asked Attorney Cherof if only persons who voted affirmatively could reopen the item. Attorney Cherof responded that on a motion to reconsider, the only person who could move on a motion to reconsider would be someone on the prevailing side of the motion, but on a motion to rescind, there is no time limit or restriction on who could make the motion. He noted that this is a motion to rescind. Mr. Kruger explained that a lot of time, energy and money have been spent on getting these items approved. Since approval, there has been an architect working on the plans that put in close to 30 hours. He stated that Gateway Texaco would not go away. The only reason the variances were requested was at staff's request. If the owner cannot build the addition on the rear of the building, Gateway Texaco would remain as is. There will not be any new landscaping and there will be nothing new added to the building. The variances for the driveway made it conforming, and they do not have to change the setbacks because the property is a valid non-conforming use. The owner wanted to build a 600 square foot addition onto the back of the building for storage and this would not increase traffic or customers; it was merely for storage. They had planned to put in new landscaping, change the facade and colors and it would become a much better looking building. They cannot control traffic and they should not be punished because they have a successful business. He did not think that taking away the variances would be in the best interest of the City. With regard to the carwash, this was approved two years ago and should have been built by now. They have reduced the size of the building and the tent has been removed. There will be additional landscaping and there will only be egress onto Las Palmas Avenue. Ingress to the carwash will now be only through the gas station, which should eliminate any additional traffic going east on Las Palmas. He pointed out that the carwash was a site plan approval, not a conditional use or rezoning and a carwash is a permitted use in that zoning district, which is zoned C-3. Mr. Kruger asked that the Commission rethink their rescission of the approval on this property. Herb Suss pointed out that this project was approved, and he did not think that rescinding it made sense. He felt that this would send a bad message to small businesses in the City; today we have it--tomorrow we do not have it. He noted that the previous Commission spent a lot of time on the items and passed them. He urged the Commission not to rescind the motions. Brian Edwards, 629 NE 8th Avenue, had spoken previously in support of the project and felt that the station with the intended improvements would become an attractive station instead of remaining in its current state. He commented on the amount of work and time that staff and the previous Commission put into reviewing and eventually approving the project. Mr. Edwards would like to see a station that would be beneficial 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 to the entranceway to the City. Mr. Edwards was disappointed to see this item on the agenda for consideration to rescind after two years worth of work. Mike Friedland, 330 NE 26th Avenue, Boynton Beach, said that the station was an eyesore for Federal Highway and he would like to see it improved and cleaned up. He urged the Commission not to rescind the project. Carol Muchel, 637 Las Palmas Park, noted that Las Palmas is a quiet residential street, and she felt that the property behind the gas station should not have been zoned commercial. The carwash would create an eyesore and additional traffic problems. Allowing a carwash in this location was sending a terrible message to the residents of Boynton Beach. She pointed out that there is a new community going up with 54 townhouses on Las Palmas that will create more traffic. Ms. Muchel also raised concern about additional water that would emanate from the carwash and removing the pervious area would only increase the problem. She noted that the properties on Las Palmas and The Harbors combined are worth over $30 million and putting a carwash in would devalue their property. Hope DeLong, 707 Presidential Drive, noted that the residents in this neighborhood have been present at every meeting dealing with this project. She did not think that the neighborhood could accommodate any more traffic. She has difficulty getting in and out of Las Palmas during certain times of the day. She was in favor of adding more landscaping and fixing the station up. She thanked the Commission for taking the residents' feelings into consideration. David Teitsma, 656 Las Palmas Park, opposed the project because of the traffic problems. He felt it was a safety issue and that something needs to be done about the that. Julie Szymkowski, 655 Las Palmas Park, pointed out that there is illegal activity taking place near the gas station and during the past week the owner began washing cars with a portable generator. She would like to see new landscaping, but felt that the increase in traffic was a hazard to pedestrians and bicyclists. Robert Muchel, 637 Las Palmas Park, was in favor of increased landscaping along Federal Highway, and he feels that this is something any good businessman would do to be part of the community. He was concerned about the number of variances that were granted. He felt that this is sending a message that zoning regulations have little value in Boynton Beach. He noted that the tax base on their properties is significant and as the city moves forward with its redevelopment, property values would only increase. However, allowing non-conforming businesses to encroach into the neighborhood would take away from the value of their properties. He felt that putting cars and people closer together was a dangerous situation and would not encourage new residents into the community. Mr. Muchel urged the Commission to rescind the variances. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, congratulated the new Mayor and Commissioners. He felt that misstatements have been made. He is on the Planning and Development Board, but he was speaking tonight as a citizen. At no time did the Planning and Development Board ever state that they were not in agreement with this project. It did go before the CRA and the CRA did disagree with some items, such as the canopy, but that has been corrected. He feels that the owner of this property is trying to do his best to conform to the regulations and zoning of the City. Mr. Casaine pointed out that it was the owner's intention to improve his business and make the business conform in order to fit in with the neighborhood. He did not think that having a carwash in the neighborhood would be an eyesore, nor did he think that a carwash would devalue the neighborhood. He would like the gas station to have an opportunity to conform to the regulations of Boynton Beach and become a good neighbor to everyone. Mayor Taylor stated that it was he who asked that the item be placed on the agenda. Over the next two to three years there is going to be tremendous growth in Boynton Beach and one of the primary responsibilities of the Commission is to protect the existing neighborhoods. He noted that the Texaco station is on a non-conforming lot and now the City is allowing the expansion of a non-conforming property. This is not right. The only way a property could expand is by seeking a variance, which requires the applicant to show a hardship. No hardship was ever shown in this particular instance on any of these variances. This puts the City in an awkward position. Mayor Taylor feels this creates a negative impact upon the neighborhood and sets a precedent by granting variances without the applicant having to show any hardship. Vice Mayor Ferguson felt that rescinding something that has been passed is setting a dangerous precedent and the last time this happened, the City is still paying for it, i.e. Tradewinds. Commissioner Ensler asked Attorney Cherof what the City's liability would be if the Commission rescinded the variances. Also, Commissioner Ensler noted that since the applicant had to meet certain requirements dealing with variances, which this applicant did not meet, what was the City's liability in this instance for allowing the variances. Attorney Cherof responded that the City's liability from rescinding the previous Commission action, in his opinion, is significantly less than the City's liability for granting the variances in the first place. Commissioner Ensler pointed out that the CRA, the P&D Board and this Commission must use caution to ensure that the requirements of the ordinances dealing with variances and height exception are adhered to. If more latitude is needed, then the ordinances should be changed. Commissioner McCray pointed out that he represents District 2 and he voted against it. 17 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 Commissioner McKoy noted that there is a liability no matter which way the City goes with this, to which Attorney Cherof agreed. Mayor Taylor called for a motion on the item to rescind the prior Commission action of October 21,2003 that granted the seven issues listed. Motion Commissioner Ensler moved to rescind the prior Commission action of October 21, 2003 that granted the seven issues listed. Mayor Taylor passed the gavel and seconded the motion. Commissioner McCray inquired if the new Commissioner and Mayor had an opportunity to review all the information furnished, since the information was just received this afternoon. Commissioner Ensler responded that he has reviewed the information. Commissioner McCray was also concerned about litigation and questioned whether it was the right message to send to businesses wanting to come to Boynton if they rescinded something that has already been done. He voted nay last time and is prepared to vote nay again. Mr. Bressner pointed out that the motion was to rescind and therefore a positive vote would be in support of the rescission. Commissioner McCray inquired if the item were rescinded would it come back to the Commission. Attorney Cherof responded that since the previous motion was to approve the variances, this action would rescind that approval and those previous motions would have died. The applicant could come back with another application for review by the Commission, but the previous action by the Commission would be negated. Deputy City Clerk Glinski called the roll. Vote The motion to rescind carried 3-2. (Vice Mayor Ferguson and Commission McKoy dissenting) XII. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING None B. Ordinances - Ist Reading 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 1. Proposed Ordinance No. 03-059 Re: Rescinding Ordinance 02-022, which was adopted on June 4, 2002 to abandon a utility easement in Quantum Park Attorney Cherof read Proposed Ordinance No. 03-059 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-059. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-060 Re: Abandonment of a public utility easement (L.A. Fitness) Attorney Cherof read Proposed Ordinance No. 03-060 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-060. Motion seconded by Commissioner Ensler. Deputy City Clerk Glinski called the roll and the motion carried unanimously. 3. Proposed Ordinance No. 03-061 Re: Amending Chapter 18, Pensions and Retirement, Article IX Early Retirement Incentive Program Attorney Cherof read Proposed Ordinance No. 03-061 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 03-061. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried unanimously. C. Resolutions: None D. Other: None Xlll. UNFINISHED BUSINESS: 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 18, 2003 A. Proposed Resolution No. R03-184 Re: Approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 for fiscal year 2002-03 (Previously Addressed) XlV. Adjournment There being no further business, the meeting properly adjourned at 8:00 p.m. CITY OF BOYNTON BEACH ATTEST: ~sioner Deputy Cit~ ~,e~k Recording Secreta~ Co~missio~ (November 20, 2003) 20 FORM 8B_ MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IA.'¢,'I NAMF I.IR~I ~,4MI MII}I~IFNAMF NAME OF HOARD. COtJNCII..COMMIS.*,;ION. AU'ItlORIIY. ORCOblMI11'E£ MAII'ING Al I RF.%.'/ -- 'I'HF I'I~,),%RI), COUNCIl.. COMMINSION. AUTHOR11¥ Ok COMMIll'EE ON '5~' . "~/ 0 ~J~ {~CII'Y C} COUNTY ri O'IHERI.OCAI. AGENCY ' I)AI'E 0"~ WHI('tt VOl F ~r' ELECTIVE n APPOINTIVE WHO MU~T FILE FORM 8B This form is for use byany person serving at the count>*, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointiv~ county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose thc nature of the conflict before making an.,,' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE t-ORM ~B- ~.~f P.-~C;E IF.YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I, , . , hereby disclose that on , 19~. (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or __ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 0985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM aB. I~}1 PAGE AGENDA SUPPLEMENT XI ITEM A DISCUSSION POINTS WHO CAN BE SELECTED VICE MAYOR 1. Any member of the Commission. 2. Any member of the Commission who has not already served as Vice Mayor. ('~-~)/~y member of the Commission who has not served as Vice Mayor during ~ his/her current term of office. HOW SHOULD THE VOTING FOR THE VICE MAYOR BE HANDLED FOLLOWING CLOSE OF NOMINATIONS 1. City Clerk prepares hand-written ballot listing all nominees. Each member of the Commission votes for one nominee until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with least number of votes does not move on to round two. If there are four nominees in round one, the nominee with the most votes wins. Q Samc as #1, but no written ballot. Voice vote. 3. Roll call vote in order of nominations. First nominee to receive majority vote wins.