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Minutes 08-17-04I~IINUTES OF THE REGULAR CITY COMI~II~SSION I~IEETTNG HELD I~N COf4f4ISSION CHAf4BERS, CITY HALL, BOYNTON BEACH, FLORI~DA ON TUESDAY, AUGUST 17, 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order- Mayor Jerry Taylor B. Invocation - Dr. Solomon Rothstein - 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Solomon Rothstein, 2nd Police Chaplain, offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner McKoy. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. Motion seconded by Commissioner McCray and unanimously carried. I1. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray, on behalf of the Mayor and other Commissioners, congratulated Commissioner McKoy on being elected President of the Palm Beach County Caucus of Black Elected Officials. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Commissioner McCray noted that $8,000 has been donated to cover the insurance costs for student athletes and he encouraged other businesses to contribute. In order to build pride in these students, they will be participating in neighborhood cleanups, lawn mowing and other chores in exchange for receiving their insurance costs. Commissioner McCray requested that the City forward a letter to Boulevard Manor Nursing Center to thank them for taking in 20+ patients that were without shelter as a result of Hurricane Charley. Commissioner McCray also thanked those City employees that assisted with this endeavor. Commissioner McCray praised the Assistant Fire Chiefs in dealing with the media while Chief Bingham was not available. Mayor Taylor reported that they were present when Commissioner McKoy was elected President of the Palm Beach County Caucus of Black Elected Officials. Commissioner McKoy also served as Master of Ceremonies at the event and did an outstanding job. The City is very proud of Commissioner McKoy. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: First Budget Public Hearing - September 7, 2004 at 6:30 p.m. in Commission Chambers Mayor Taylor announced that the first budget public hearing would take place on September 7, 2004 at 6:30 p.m. in Commission Chambers. Second Budget Public Hearing - September 21, 2004 at 6:30 p.m. in Commission Chambers Mayor Taylor announced that the second budget hearing would take place on September 21,2004 at 6:30 p.m. in Commission Chambers. 3. First City Commission Meeting in October will be held on MONDAY, OCTOBER 4, 2004 @ 6:30 P.M. - Mayor Taylor announced that the first Commission meeting in October would take place on Monday, October 4, 2004 to allow the Commission to participate in activities related to the Police Accreditation that will take place in Cocoa Beach. B. Community and Special Events: None C. Presentations: Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 1. Proclamations: International Association of Firefighters Appreciation Week- August 29 - September 4, 2004 Mayor Taylor read the proclamation declaring August 29th through September 4, 2004 as International Association of Firefighters Appreciation Week. Mayor Taylor invited Lt. Tom Murphy and Deputy Chief Jim Ness to join him at the podium to accept the proclamation. Lt. Murphy on behalf of Local 1891 and the International Association of Firefighters thanked the City for their continued support of the Muscular Dystrophy Association. Deputy Chief Ness announced that the Fire Department not only participates in the MDA drive, but is also involved in many other fundraising activities. The Sixth Annual Golf Tournament will take place on October 30th. On September 22nd the Fire Department will be taking over the Bru's Room. The firefighters will be waiting on tables and a great many activities are scheduled. Deputy Chief Ness invited everyone to attend. He noted that 100% of the funds raised would go to the American Heart Associations. Money raised at the Golf Tournament is split 50% between the Benevolent Association and 50% for the Juvenile Diabetes Foundation. Commissioner McCray thanked the CRA Board and its Director, Doug Hutchinson, for the four Police Officers that have been dedicated to the Heart of Boynton. The Officers are on duty and are meeting with homeowner associations and individual citizens. Commissioner McCray felt that this would prove a positive result for the City. 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) Steven E. Miller, 27A Crossing Circle, Boynton Beach, a member of the Community Development Corporation, thanked the Mayor and the Commission for the contribution to their Peacemaker Program that will kick-off on September 13th at Poinciana Elementary School and Galaxy Elementary School. Mayor Taylor thanked Mr. Miller and noted that they anticipate seeing a great deal of success from this Program. Herb Suss, a resident of Quail Run, noted that Ms. Diane Reese, the City's Finance Director, would be retiring. He felt that Ms. Reese was an unsung hero in the City, who has worked diligently for the City for many years. Mr. Suss wished Ms. Reese much success in her retirement. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Mr. Suss noted that the City would be losing many high caliber people as a result of early retirement and hoped that there were people in waiting to replace these irreplaceable employees. In light of the recent hurricane, Mr. Suss encouraged people to join the Civilian Emergency Response Team (CERT) Program that is offered by the Fire Department. A refresher course is scheduled for August 25th and a new class will begin in the Fall. It is important to have trained citizens to act in the event of these emergency situations. Alice Shook, 1719 Wood Fern Drive, Boynton Beach congratulated the Commission for all the progress the City is making, especially with a new Library coming on board. She also noted that the Children's Schoolhouse Museum is a showplace in south Florida. Ms. Shook also thanked Ms. Farace, the Library Director, and her staff for all their work in bringing the Library to fruition. Ms. Shook announced that this year is the 350th Celebration of Jews in America. The Governor has proclaimed January as a Celebration of the Jewish Community in America. Ms. Shook presented a sample proclamation to the City Clerk, which is on file with the record of the meeting. Ms. Shook thanked Mayor Taylor for referring her to the Police Department where she received the statistics on juvenile crime in the City that she was looking for. The Police Department staff was very helpful. Ms. Shook reported that there were only 593 police calls for juvenile crimes, most of which were retail theft. She urged the Commission to support Police Chief Gage in his request for additional police officers. Mayor Taylor reported that they would be bringing on board 10 additional officers-- four from the CRA and six for the City that is included in the budget. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (3) I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05Tabled (3) I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term IV McKoy Cemetery Board Alt 1 yr term to 4/07 to 4/07 to 4/05 to 4/05 to 4/05Tabled (3) II McCray Code Compliance Board Alt 1 yr term to 4/05 Tabled(3) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 III Ferguson Code Compliance Board Alt 1 yr term to 4/05Tabled (2) III Ferguson Education Advisory Board Alt 1 yr term to 4/05Tabled (3) IV McKoy Education Advisory Board Reg 2 yr term to 4/06Tabled (3) Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06Tabled (3) I Ensler Education Advisory Board Alt 1 yr term to 4/05Tabled (3) II McCray Education Advisory Board Stu 1 yr term to 4/05Tabled (3) III Ferguson Education Advisory Board Stu 1 yr term to 4/05Tabled (2) IV McKoy Senior Advisory Board Alt 1 yr term to 4/05Tabled (3) All 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: Agenda Preview Conference - July 30, 2004 Regular City Commission Meeting - August 3, 2004 Commissioner McCray removed Item A. 1 from the Consent Agenda for discussion. Bo Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "ANNUAL CONTRACT FOR PROPERTY & CASUALTY INSURANCE PROGRAM", RFP#065-1710-04/JA to multiple vendors with an annual expenditure of $818,493.00 Award the bid for "CO-OP CHEMICALS AND FERTILIZER" (Delray Beach Lead Agency) Bid #029-1411-04/CJD to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications. City's anticipated expenditure is $105,343.00 Award the "BOAT CLUB PARK-RESTROOMS AND RENOVATION" Bid #074-2413-04/JA to SEABEE BUILDERS, INC. of Deerfield Beach, Florida, in the amount of $108,820.00, plus a contingency to be included for the total of $119,702.00 (PROPOSED RESOLUTION NO. R04-132) C. Resolutions: Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Proposed Resolution No. R04-134 Re: Approving negotiated renewal benefits and premiums for 2004-05 Health Insurance Coverage with Blue Cross/Blue Shield of Florida, MetLife Dental, and VisionCare, a prepaid vision benefit plan Proposed Resolution No. R04-135 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Barbara Claiborne for the property at 1019 S. Ridge Road, Lake Worth (Ridge Grove LT 27) Proposed Resolution No. R04-136 Re: Approving fee increases in the amount of 5% for annual permits and implementing seasonal permits for non-residents for the Tennis Center Proposed Resolution No. R04-137 Re: Authorizing the execution of the Urban Group's negotiated contract to purchase property owned by Eva M. Baker, located at 1401 NW 1st Street at the appraised fair market value of $79,200 and the relocation entitlement of $56,347 Proposed Resolution No. R04-138 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Martin Design Associates, Inc. as Customer, for a 0.47- acre tract of land located at the eastern end of Trucks Road Proposed Resolution No. R04-139 Re: Authorizing Task Order 6 using the Uniform Relocation Act, and Eminent Domain (RFQ No. 013o2413-04CJD)in the amount of $35,374.23 to the Urban Group, Inc. for total acquisition and property management services as part of the project that will replace Wilson Center, furbish Wilson Pool and improve the adjacent park Proposed Resolution No. R04-140 Re: Authorizing the execution to accept the License Agreement with the Guided Path Academy to operate a Charter School at Wilson Recreation Center Mayor Taylor removed Item C.7 from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Waterside (HTEX 04-003) - 3655 North Federal Highway - Request for a height exception to allow a decorative cupola to extend above the 45 foot maximum height provision in the Infill Planned Unit Development (IPUD) zoning district Donation of monies from the State Confiscated Funds to the Palm Beach County Crime Prevention Officers Association in the amount of $1,000.00 Return cash bond of $935.00 to Martin's BBQ, Inc. for the project known as Sonny's Bar-B-Q Return cash bond of $4,481.00 to Florida Apple 5 LLC for the project known as Applebee's Neighborhood Bar and Grill Return cash bond of $2,173.00 to Sakae Japanese Restaurant for the project known as Sakae Japanese Restaurant J. Approving in concept the Greenway/Bikeway Plan Commissioner Ensler removed Item J. from the Consent Agenda for discussion. Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. VI. A. Minutes: 1. Agenda Preview Conference - July 30, 2004 Commissioner McCray noted that the minutes reflected that Mayor Taylor was absent and that Vice Mayor Ferguson presided. Mayor Taylor explained that this was already corrected and corrected minutes had been distributed. Motion Commission McCray moved to approve Item VI.A.1. Motion seconded by Vice Mayor Ferguson and unanimously carried. VI.C. 7. Proposed Resolution No. R04-140 Re: Authorizing the execution to accept the License Agreement with the Guided Path Academy to operate a Charter School at Wilson Recreation Center Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Mayor Taylor wanted it on the record that the Charter School would be held accountable to vacate the property by the December date and that staff is working on an Ordinance to address private-for-profit organizations using government facilities. Mr. Bressner reported that the School has been notified that their lease would not be renewed and staff is working on the Ordinance/procedure change to close that loophole. Commissioner McCray requested that he be regularly updated on this situation, which Mr. Bressner agreed to do. Motion Vice Mayor Ferguson moved to approve Item VI.C.7. Motion seconded by Commissioner McCray and unanimously carried. VI.J. Approving in concept the Greenway/Bikeway Plan Commissioner Ensler noted that approval of this item is taking one major step forward in approving in concept a greenway plan and requested that an update be provided. Mr. Bressner noted that this was the first step in the process to establish a system of greenways and trail ways and reserving properties for recreational and pedestrian access throughout the City. Mr. Bressner requested Mr. Wildner to address this item. John Wildner, Deputy Recreation & Parks Director, introduced Chris Macey, Principal Planner with URS Corporation, which has been working with staff as a consultant on the greenways and bikeways plan. They have been working on the plan for over a year and one-half. Public meetings were held for community input and a list of locations have been identified. The plan contains proposed routes, but Mr. Wildner noted that the plan was conceptual. Commissioner Ensler inquired what the next step would be. Mr. Wildner stated that a completed report would be brought to the Commission and staff is in the process of preparing amendments to the recreation and open space element of the City's Comprehensive Master Plan. The amended plan would be incorporated into the amended recreation and open space element. Mr. Bressner noted that the next step would be to adopt the overall plan by resolution, which would be combined with the Comprehensive Plan as the third step of the process. Commissioner McCray inquired if there was a date certain when the Commission would receive the plan. Mr. Wildner anticipates receiving the report from URS around September 15th. Mayor Taylor reported that the Commission needs to approve this item because staff has applied for several grants. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Motion Commissioner Ensler moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. VII. CODE COMPLIANCE & LEGAL SE'I'rLEMENTS: None VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY20, 2004 - TO BE HEARD ON 9-7-04) Project: Agent: Owner: Location: Description: Janis Group (NE 3rd Avenue (ABAN 04-004) Ron Janis/Karen Janis-Brown N/A 409 NE 3rd Street Request for abandonment of a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat Attorney Cherof administered the oath to all persons who would be testifying. Karen Janis-Brown, 6710 Jacques Way, Lake Worth, Florida, representing the applicant, noted that the Planning and Development Board had approved their request. All abutting property owners have been notified and no one has come forward in opposition to the abandonment. Mike Rumpf, Planning and Zoning Director, presented the item on behalf of staff. The location map was displayed, along with the area that would be abandoned. The abandonment is a segment of unimproved land on NE 3rd Avenue that is approximately 140' long extending west. Mr. Rumpf confirmed that there have been no objections to the abandonment. There are staff conditions, and the abandonment would require an easement as described in the conditions of approval. Staff has determined that there is no longer any public use for the unimproved right-of-way and approves the abandonment. Kenneth Switzer assumed the podium and was administered the oath by Attorney Cherof. Mr. Switzer stated that he owned lot 11 on the other side of the abandonment and inquired if the lot would be split between the two property owners. Mr. Rumpf Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 responded that the abandonment would be split in half and would go to the adjacent properties. Mayor Taylor asked the applicant if they agreed with all staff conditions. Ms. Janis- Brown stated that they agreed to all conditions. Commissioner Ensler asked since the map indicates that there are four individual properties involved, why would the property not be split among the four parties. Attorney Cherof responded that due to the direction of the abandonment, it only falls between the north and south parcel. Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson and unanimously carried. IX. CITY MANAGER'S REPORT: A. Intentionally left blank Solid Waste Ordinance Revisions (PROPOSED ORDINANCE ON IsT READING) Mr. Bressner explained that this item was placed under the City Manager's report to allow public input. Staff is proposing rate modifications that would impact multiple-family and commercial accounts. Staff is also recommending that there be a one-year window to allow staff to work with the homeowner associations to encourage them to use the automated system. If a homeowner association declines this service, staff is recommending a differential in the rate. Currently, the residential rate is $10.50 per month. The rate would increase to $13.15 per month for residential accounts that decline the automated system. For multi-family accounts that select the automated system the rate would be $7.50 per month. Mayor Taylor inquired if anyone in the audience wanted to address this item. Doris Jackson, 531 NW 10th Avenue, asked what the Ordinance pertained to. Mr. Bressner explained that the Ordinance amends the rates for garbage pickup. Rates for single-family homes that use the automated system would have no change. Rates for multiple-family units would increase to $7.50 per month from $6.00 that use the automated system. Some rates of commercial pickup have also changed. Mr. Bressner informed Ms. Jackson that there would be no change in rates for her neighborhood. The Ordinance only applies to homeowner associations that do not want to change to the automated systems. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Herb Suss assumed the podium and inquired about the cost of the containers. Jeffrey Livergood, Public Works Director, explained that the containers come in three sizes and there is no charge to the homeowner. Mayor Taylor offered to have the three different containers placed at Mr. Suss' homeowner association so that people could view them. Attorney Cherof read Proposed Ordinance No. 04-072 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-072. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. XI. Xll. FUTURE AGENDA ITEMS: Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30 p.m. on 9/14/04) Workshop regarding City Hall/Public Safety Space Needs Report (TBA) Proposed Lease Agreement with Boynton Woman's Club (TBA) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) Proposed Ordinance No. 04-052 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend the definition of "Earning" to include unused vacation pay in the calculation of the normal retirement benefit for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances (TABLED ON 7/20/04 NEW BUSINESS: A. Intentionally left blank LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING 1. Attorney Cherof read proposed Ordinance No. 04-052 by title only. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Motion Commissioner McCray moved to remove the item from the table. Motion seconded by Commissioner McKoy and unanimously carried. Mayor Taylor opened up the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-052. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0, Proposed Ordinance No. 04-061 Re: Amending Chapter 2, Zoning, Section 11, with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts (Non-residential uses in single-family zoning districts (CDRV 04-008) Attorney Cherof read Proposed Ordinance No. 04-061 by title only. Mayor Taylor opened up the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-061. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. 3. Proposed Ordinance No. 04-062 Re: Approving Petition to establish the High Ridge/Quantum Community Development District Attorney Cherof read Proposed Ordinance No. 04-062 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-062. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (Boynton Seafood) (Agenda Preview Conference Recommendation - Table to 9/21/04 to allow for conditions of approval to be met) Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8t~ Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Agenda Preview Conference Recommendation - Table to 9/21/04 to allow for conditions of approval to be met) Motion Vice Mayor Ferguson moved to table Proposed Ordinance No. 04-063 and Proposed Ordinance No. 04-064. Motion seconded by Commissioner McCray and unanimously carried. Proposed Ordinance No. 04-065 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) for Florida Collision Attorney Cherof read Proposed Ordinance No. 04-065 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-065. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-066 Re: Rezoning from General Commercial District (C-4) to Industrial District (M-l) for Florida Collision Attorney Cherof read Proposed Ordinance No. 04-066 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-066. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-067 Re: Amending the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district Attorney Cherof read Proposed Ordinance No. 04-067 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-067. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-068 Re: Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., Infill Planned Unit Development, providing additional standards for building design, usable open space and compatibility with surrounding development Attorney Cherof read Proposed Ordinance No. 04-068 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-068. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. 10. Proposed Ordinance No. 04-069 Re: Amending Chapter 18, Article II, Division 5 of the Code of Ordinances to amend the investment policy of the General Employees' Pension Plan to afford the pension plan greater flexibility in its investment allocations and enhance its investment opportunities; specifically amending Section 18-145 entitled, "Investment of Funds" Attorney Cherof read Proposed Ordinance No. 04-069 by title only. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-069. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances- 1st Reading Proposed Ordinance No. 04-050 Re: Providing for a one-time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a member's pension by purchasing service credits for such military service served by the member (TABLED ON 7/20/04 TO 8/17/04) Attorney Cherof read Proposed Ordinance No. 04-050 by title only. Motion Commissioner McCray moved to remove from the table. Motion seconded by Vice Mayor Ferguson and unanimously carried. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy. Vice Mayor Ferguson inquired if this pertained to United States Military Service. Attorney Cherof responded that in Section 3 of the proposed Ordinance there is a reference to Section 18-81 of the Plan that describes military service for the United States and further describes active service. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-051 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with another government entity (TABLED ON 7/20/04 TO 8/17/04) Attorney Cherof read Proposed Ordinance No. 04-051 by title only. ]5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Motion Commissioner McKoy moved to remove from the table. Motion seconded by Vice Mayor Ferguson and unanimously carried. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-051. Motion seconded by Commissioner McKoy. Vice Mayor Ferguson had a problem approving creditable service with other governmental entities. He would vote for the Ordinance if it were for service with the City of Boynton Beach, but not with another government entity. Mayor Taylor explained that an ordinance would not be necessary for service with the City, since employees already get credit for that service. Mayor Taylor concurred with Vice Mayor Ferguson. He did not think that people should be given credit for service with other cities. Commissioner Ensler inquired what would happen if an employee who was a union member, but was not vested transfers to a position governed by the General Employees Fund. Mr. Bressner stated that the time served could not be carried forward to the new position. That employee would have to start over again in the new position and would be subject to whatever pension fund that position fell under. Mr. Bressner explained that it has been a policy of the City that if there is a change in an employee's employment with the City and they become subject to a new pension fund, they have to start at ground zero. He noted that this was common with other public entities. Commissioner McCray removed his motion for approval. Motion Commissioner McCray moved to deny Proposed Ordinance No. 04-051. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 4-1 (Commissioner McKoy dissenting). Proposed Ordinance No. 04-070 Re: Abandoning a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2 Boynton Lakes (ABAN 04-006 - Boswell Place) Attorney Cherof read Proposed Ordinance No. 04-070 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-070. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 17, 2004 Proposed Ordinance No. 04-071 Re: Amending Chapter 2, Zoning, Section 11.H, reducing parking ratios for multi- family, hotel and marina uses in mixed-use projects within the CBD zoning district Attorney Cherof read Proposed Ordinance No. 04-071 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-071. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: None XlII. UNFINISHED BUSINESS: XlV. ADJOURNMENT: Them being no further business, the meeting properly adjourned at 7:25 p.m. Recording Secretary (August 19, 2004) City of Boynton Beach Commission~ .~..~i,~..-5¢¢--'":~ 17 PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THF CITY OF BOYNTON BEACH, FLORIDA Waterside Mr. Charles Robertson / Southern Homes 12900 Southwest 128th Street, Suite 100 Miami, Florida 33186 Development P&Z Building Engineering Occ. License Deputy City Clerk v DATE OF RATIFICATION HEARING BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request a height exception of seven (7) feet - five (5) inches to allow a decorative cupola to exceed the maximum height allowed in the IPUD zoning district. LOCATION OF PROPERTY: 3655 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic23nt ~" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica,,~t's application for relief is hereby v~. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with and conditions of this order. 7. Other DATED: S:~Dlanning\SHARED\WP\PROJECTS\Southem Homes of Palm EXHIBIT Q,I. IHO~E Illl~ o - SOUTHERN HOMES .,,,, ,. ,,,~ ~ iii I! ,,,,,,, .,,..,, : EXHIBIT "C" Conditions of Approval Project name: Waterside File number: HTEX 04-003 Reference: Elevation drawings with a June 18, 2004 date stamp marking. DEPARTMENTS [INCLUDE[REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\.PlarmingX, SHARED\~,VI~PROJECTS~Southern Home~ of Palrn Bcach\Waterside~rrEx 04-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THF CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Waterside Mr. Charles Robertson / Southern Homes Development P&Z Building Engineering 0cc. License Deputy City Clerk 12900 Southwest 128th Street, Suite 100 Miami, Florida 33186 DATE OF RATIFICATION HEARING BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request a height exception of seven (7) feet - five (5) inches to allow a decorative cupola to exceed the maximum height allowed in the IPUD zoning district. LOCATION OF PROPERTY: 3655 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic,/a'nt ~,' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica/~t's application for relief is hereby v" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with and conditions of this order. 7. Other DATED: 8 ~ S:~Planning\SHARED\WP\PROJECTS\Southern Homes of Palm 04-003\DO.doc WATER81DE: LOCATION MAP EXHIBIT A NI¢ I'URliEIt LEOEND Future lam(I U~e~l WC;. LoEml Retell Oommerdml EXHIBIT "B" I IH-I-H-H-H-Ir~I I!I, I, ill:l:l:~l~l:l:l:l:l Il i a) EXHIBIT 'B' !! I~m4COAsTAL WATErWAy ! EXHIBIT "C" Conditions of Approval Project name: Waterside File number: HTEX 04-003 Reference: Elevation drawings with a June 18, 2004 date stamp marking. DEPARTMENTS I ~NCLUDE I P~JECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined, x.]} ...~. 2. S:LPlanning~SHARED\WI~PROJECTS~Southem Homes ofPatm Beach\Waterside~qTEX 04-003\COA doc l :+:-1'"'" "z- - - Celebrate 350 e a . Jewish Life, in. America 7 - -. 1654 - 2004 SUGGESTED RESOLUTION FOR CITY COUNCIL OR STATE LEGISLATURE ON THE OCCASION OF THE 350TH ANNIVERSARY OF THE JEWISH COMMUNITY IN AMERICA WHEREAS in 1654, 23 impoverished and persecuted Jews from Recife, Brazil arrived in North America; and WHEREAS September 2004 marks the 350t" anniversary of Jewish settlement in the United States; and WHEREAS generations of Jews of diverse backgrounds and persuasions, who fled oppression and embraced opportunity; who escaped persecution and found freedom;.who shunned indignity and pursued equality for themselves and their descendants have found their home in this nation offimmigrants; and WHEREAS throughout the history of (city/state) Jews have participated creatively and industriously in every facet of our community, building schools, libraries, hospitals, houses of worship and enterprises of every description; and WHEREAS all citizens of (city/state) can be proud of the part our (city/state) has played in championing religious liberty and human rights for all peoples; NOW, THEREFORE, BE IT RESOLVED, that (mayor/governor) and the members of (city council/state legislature) do hereby acknowledge the 350th anniversary of Jews in America and call upon all the citizens of(city/state) to join in observing 1�and celebrating this anniversary with public ceremonies and in all other appropl'iate ways