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Minutes 05-01-01 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL,, BOYNTON BEACH FLORIDA ON TUESDAY,, MAY 1, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Chadie Fisher, Commissioner Z. OPEN]:NGS: Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Call to Order - Mayor Gerald Broening Invocation - Reverend Randall Gill - First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Gerald Broening Mayor Broening called the meeting to order at 6:32 p.m. :Reverend Randall Gill gave the invocation followed by the Pledge of Allegiance to the flag-led by Mayor Broening. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPR'rATE RE(~UEST FORM · GIVE IT TO THE CZ'I'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME Motion Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Weiland moved to approve the agenda. the motion that carried unanimously. PUBLIC AUDIENCE: ZNDTVZDUAL SPEAKERS WILL PRESENTATIONS (yellow card) VI, Commissioner Ferguson seconded BE LIMITED TO 3-MINUTE Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 200:L Hr. Herb Suss thanked Commissioner Fisher for doing an excellent job during the past year. Mr. Suss also noted how much he appreciates the fine job that the City lVlanager has been doing. IVlr. Suss also pointed out the good work that the City Departments have been doing for the residents. Hr. Steven Bell, :[33 S. :[:[th Street, Lantana said that he cannot stand idly by as the last of Quantum Scrub gets destroyed. The Nature Conservancy made a good offer to purchase the land from Quantum Park for preservation and they asked for a price twice the market value. Mr. Bell said that he is unaware of any management plan to deal with invasive exotic pest plants that are threatening to wipe out this Scrub. There is only one percent left in the State. He pointed out that 40% of all plants and animals found on Florida Scrub cannot be found anywhere else in the world and Quantum Park represents one of the rarest places in the world. It has wet marsh abutting scrub. Mr. Bell urged that the City find a way to save this land for future generations. Hr. Philip T. DiNizo, 655 Riviera Drive, Boynton Beach said that a new house was being built next to his property and the house is 35' high. He stated that the person building the house received a variance and he questioned how the variance was obtained without the abutters being notified. He contacted the Zoning Department, but no one has called him back. Mayor Broening informed IVlr. DiNizo that someone from staff would speak with him tonight. Mr. Bressner asked when the variance was granted and was informed it was in :[997. III. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date I Weiland Children & Youth Advisory Bd Reg 2 yr term to 4/03 I! Black Children & Youth Advisory Bd Alt 1 yr term to 4/02 TV Fisher Children & Youth Advisory Bd Stu/Reg/Voting1 yr term to 4/02 T Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 II Black Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 T Weiland Bldg. Bd of Adj & Appeals Alt I yr term to 4/02 III Ferguson Cemetery Board Alt I yr term to 4/02 III Ferguson Cemetery Board Alt 1 yr term to 4/02 II Black Education Advisory Board Reg 2 yr term to 4/03 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Mayor Broening Education Advisory Board Reg 2 yr term to 4/03 T Weiland Education Advisory Board Alt 1 yr term to 4/02 IT! Ferguson Education Advisory Board Stu 1 yr term to 4/02 TT Education Advisory Board Stu ::[ yr term to 4/02 T Weiland Library Board Reg 3 yr term to 4/04 TT Black Library Board Reg 3 yr term to 4/04 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/03 ]:T Nuisance Abatement Board Reg 2 yr term to 4/03 ~ Fisher Nuisance Abatement Board Alt ! yr term to 4/02 TIT Ferguson Recreation& Parks Board Reg 3 yr term to 4/04 Mayor Broening Recreation & Parks Board Alt ! yr term to 4/02 IV Fisher Senior Advisory Board Reg 2 yr term to 4/03 TT Senior Advisory Board Reg 2 yr term to 4/03 TV Fisher Senior Advisory Board Alt I yr term to 4/02 Vice Mayor Weiland moved Dorothy Davis from an alternate member to a regular member of the Advisory Board on Children and Youth'. Vice Mayor Weiland appointed Valerie Pleasanton as a regular member of the Library Bc ard. ,Vi~:e Mayor Weiland tabled his remaining appointments. Cc mmissioner Fisher tabled his appointments. Ccmmissioner Ferguson appointed Ashley Hall as a student member to the Education Advisory Board. Cc Cc mmissioner Ferguson appointed Bali Ramnarace as a regular member to the creation and Parks Board. mmissioner Ferguson tabled his other appointments, Mayor Broening appointed Mark Scott as a regular member to the Education Advisory Bc~ard. ' MaYor Broening tabled his other appointments. Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Motion Commissioner Ferguson moved to approve the nominations. Commissioner Fisher and unanimously carried. Motion seconded by IV. ANNOUNCEMENTS & PRESENTATTONS: A. Announcements: None B. Presentations: 1. Proclamations: 2. Presentation by ~loe McCann - Smith, Ballard, Logan, P.A. Mayor Broening announced that Mr. McCann, the City's Lobbyist, was unable to make the meeting tonight because he had to be in Tallahassee. Mayor Broening said that there is a report, which will be available in the City Clerk's Office (a copy of which is attached to the original minutes). Commissioner Fisher reported that he was in Tallahassee last Wednesday and met with Mr. McCann. Commissioner Fisher noted that this Commission supported "no bullying" in the schools and directed the Education Advisory Board to make the issue of violence in the schools a priority. He and Hr. HcCann met with the Commissioner of Education to discuss the subject and to introduce anti-bullying legislation. Mr. McCann stated he would put a report together on anti-bullying legislation to determine what other states are doing. Also, Senator Klein is working on school violence issues. Commissioner Fisher reported that he also met with the School Board's Lobbyist. V, CONSENT AGENDA: A. Minutes: Agenda Preview Conference of April. 12, 2001 Regular City Commission Meeting of April 17, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Extend the ANNUAL .lULY 4TM FIREWORKS DISPLAY, RFP #071- 2710-00/KR, for an additional year to Zambelli Fireworks 4 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Tnternationale in the amount of $20,000 - (New RFP #063-2710- 01/KR) Approve the "SURPLUS-VEHICLE/EQUIPMENT LIST" as submitted by Public Works and allow for the sale of same (BID #064-1411- 01/KR) Authorize the utilization of FLORIDA STATE CONTRACT #600-760- 00-1 to Pitney Bowes for the rental of utility billing postal software and solutions package in the amount of approximately $3,702 per year for a four-year period Authorize the utilization 'of GENERAL SERVICES ADMINISTRATION (GSA) CONTRACTS and FLORIDA STATE CONTRACTS for the following purchases from Hector Turf in the amount of $43,187.79: GSA CONTRACT #GS-07F-9956H Toro Workman 3200 w/options $18~997.14 GSA CONTRACT #GS-07F-8722D Toro Reelmaster 3100 w/options 17~886.30 FL STATE CONTRACT #515-630-Toro Z Master Rotary Mower 6,304.35 00-1 w/options Approve the "SURPLUS RADIO COMMUNICATIONS EQUIPMENT LIST" as submitted by Communications Division and to dispose of equipment through the E-Bay auction website Award the "ANNUAL BID FOR PREPARATION AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE), BID #045-2821-01/KR, to I. R. Construction & Hi Tech Painting, Inc., in the amount of $30,000 Authorize the utilization of FLORIDA STATE CONTRACT #600-760- 00-1 to Pitney Bowes for the "LEASE OF A PARAGON MAIL PROCESSOR W/OPTIONS in the amount of $701 monthly based on a four-year lease Resolutions: Proposed Resolution No. R01-17S Re: Approving the full release of surety for the project known as Hampton Lakes and returning the existing Letter of Credit (valued at $25,000) from SunTrust Bank to the developer Proposed Resolution No. RO1-176 Re: Approving the execution of Task Order No. 6 with CH2M Hill for engineering Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 support services for the development of an Optimization Plan for the East Wellfield including Aquifer Storage and Recovery Well Preliminary Design and Permitting Proposed Resolution No. R01-177 Re: Approving the execution of Task Order No. 01-06 with Camp Dresser and McKee to perform design, permitting and bidding services required for the Downtown Watershed Stormwater :Improvements- Phase 2 for a not-to-exceed cost of $2:15,260 Removed by Vice Mayor Weiland for clarification purposes. Proposed Resolution No. R01-178 Re: Approve Task Order #01-04 in the amount of $28,600 with Utility Engineering Consultant, IVletcalf & Eddy for a feasibility study for upgrading water mains/services in an unincorporated area adjacent to Ocean Ridge Proposed Resolution No. R01-179 Re: Approving Task Order #01-05 in the amount of $236,610 with Camp Dresser & IVlcKee for engineering services related to stormwater improvements and water main replacements in the area of NE 7th Avenue and NE :10th Avenue between US #:1 and NE 7th Street as well as the engineering services associated with the installation of 20 outfalls into the Lake Worth Lagoon/]:ntracoastal Waterway Removed by Vice Mayor Weiland for clarification purposes. Proposed Resolution No. R01-180 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board items: Authorization to approve an Amendment to ]:ndustrial Waste and Pre-Treatment Agreement No. 2; Authorization to expend $20,000 from Repair & Replacement Fund on an emergency basis for replacement parts for Centrifuge I and 2 during annual disassemble & inspection of centrifuges by Alfa Laval; Authorization to expend $14,000 from repair & replacement fund on an emergency basis to repair emergency generator; Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Authorization to expend $15,000 from Repair & Replacement funds on an emergency basis to replace 24" meter, sampler (2) two submersible pumps, polymer booster pump and milltronic level transmitter and three 8" isolation valves for reuse system; Authorization to expend $27,000 for two (2) Cerlic D.O. meters for the aerators and one (1) Cerlic Iow level centrate meter; and Authorization to extend Azurix North American's contract for sludge hauling for a period of one (1) year per the following schedule $30.77 per cubic yard for cake. Proposed Resolution No. R01-181 Re: Award the Request for Proposal for the Martin Luther King, .~r. Boulevard Neighborhood Planning Study, RFP #047-2417-01/KR, to Strategic Planning Group, ]:nc., in the amount of $50,000 (a fixed fee of $45,000 with up to $5,000 for reimbursable expenses) Proposed Resolution No. R01-182 Re: Accepting a Letter of Credit in the amount of $250,000 for excavating and filling work at the B~ls Wholesale Club, Thc. project Ratification of Planning & Development Board Action: Removed by Mayor DuFour Variance - 926 SW 38th COUrt - Request for relief from City of Boynton Beach Land Development Regulations, Chapter 6, Required Tmprovements, Sec. 8, requiring construction of a seawall along the property line, to allow construction of seawall adjacent to existing seawall with a variance of 10.83 feet High Ridge Commerce Park Lot 17 - 160 Commerce Road, High Ridge Commerce Park PTD - Request for site plan approval to construct a 55,17! square foot office/warehouse on 1.27 acres Broening to allow Mike Fitzpatrick to speak on the item. Outpatient Center of Boynton Beach Ltd. - SW corner of Seacrest Boulevard and SE 23rd Avenue - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72 acre lot Meeting Minutes Regular City Commission Boynton Beach, Florida May :~, 2001 Approve the expenditures from the Federal Justice Forfeiture Fund in the amount of $20,000 to equip the S.W.A.T. step van for the Police Department Approve a donation of $2,500 to the Boy Scouts of America from the Law Enforcement Trust Fund Motion Commissioner Ferguson moved to approve the Consent Agenda as amended. Motion seconded by Commissioner Fisher and unanimously carried. C.3. Proposed Resolution No. R01-177 Re: Approving the execution of Task Order No. 01-06 with Camp Dresser and McKee to perform design, permitting and bidding services required for the Downtown Watershed Stormwater Improvements - Phase 2 for a not-to-exceed cost of $215,260 C,5. Proposed Resolution No. R01-179 Re: Approving Task Order #0:[-05 in the amount of $236,6:[0 with Camp Dresser & McKee for engineering services related to stormwater improvements and water main replacements in the area of NE 7th Avenue and NE 10th Avenue between US #1 and NE 7th Street as well as the engineering services associated with the installation of 20 outfalls into the Lake Worth Lagoon/[ntracoastal Waterway Vice Mayor Weiland requested to address these two items simultaneously. Vice Mayor Weiland requested that staff inform him of the process that had been previously set regarding the order the items would be addressed, :Item C.3 deals with the Railroad Avenue area and Ttem C.5 deals with the east side of Federal Highway. Vice Mayor Weiland inquired if the Railroad Avenue would be addressed as the first project of the next phase of the stormwater improvements? Mr. Sugerman responded that the City Commission has established the priorities. Mr. Sugerman noted that the projects could be done simultaneously even though some projects may take longer. Motion Commissioner Ferguson moved to approve Items C.3 and C.5. Motion seconded by Vice Mayor Weiland and unanimously carried. Meeting Minutes Regular Cit~ Commission Boynton Beach~ Florida May 1, 2001 Mr. Rumpf asked for clarification regarding the Dwarf Shefflera and Vice Mayor Weiland said he would like to see this eliminated from the list. Motion carried 5-0. V. NEW BUSINESS A. Review of Applications for City Commissioner for District II l~yor Broening noted that New Business has been moved up on the agenda tonight ecause of the strong participation of the residents with regard to replacing Commissioner Black in District :[[. Public Audience will be addressed first. Hr. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach said there is a strong public outcry to have cultural diversity on the dais. Mr. Pereira stated he supported single member districts and if single member districts had been in existence last year, Mr. Mack McCray would have been elected to District TT. Hr. Pereira pointed out that bqth Hr. Katz and Mr. McCray are on City Boards and that Mr. McCray's record indicates he missed one out of ten Board meetings and Mr. Katz missed four out of nine. Mr. Pereira also pointed out that when Commissioner Ferguson was appointed he competed against a former Commissioner and the Commission chose Commissioner Ferguson over an experienced Commissioner. This same scenario exists today, whereas Hr. McCray ran for office and Mr. Katz did not. Therefore, Mr. McCray should be the Commission's choice because he took the time and effort to run for office. Mr. Dan Liftman, 470 Executive Center Drive, 3B, West Palm Beach Florida stated he works for U.S. Congressman Alcee Hastings. Mr. Liftman referred to a letter, which CoTngressman Hastings wrote to the Mayor and Commissioners, and said it is not a question of race, but a question of equality and fairness. He pointed out that there are th.ree Black Representatives from the State of Florida and Rep. Hastings' staff is half White, because of equality and fairness. Mr. Lift:man praised the City for adopting single-member Districts. He further pointed ou~ had that there been single districts during the last election, Mr. McCray would be the Commissioner and there would be no need to spend money on an election to find out that the voters want Mr. McCray for their Commissioner. He also pointed out that Boynton Beach has one of the largest African/American communities in the County and th~ City is still growing. Mr. Liftman urged that the City take the lead in appointing a Black Commissioner. Herb Suss pointed out that Mr. McCray received 43% of the vote during the last election. He too urged the Commission to appoint Mr. McCray the same way it did lO Meeting Minutes Regular City Commission Boynton Beach, Florida May :L, 2001 Commissioner Ferguson. Mr. Suss also pointed out that whoever the Commission appoints will affect all the City residents. Mr. Suss stated even though a Commissioner was backed during their election by a particular person, the Commission's loyalty is to all City citizens. Mr. Suss stated that Mr. McCray is best qualified'for the job and felt the City Would be set back ten years if it did not go in this direction. Mr. Suss said that the City can avoid the cost of an election tonight by appointing Mr. McCray Commissioner of District IT. Mr. 3ames Hiriana, 728 NE 8th Avenue, Boynton Beach said that the Commission has a responsibility to the people of the community and to appoint Mr. McCray in the same fashion that Commissioner Ferguson was appointed. Mr. Ron Washam, 112 S. Atlantic Drive, Boynton Beach pointed out that peoPle were present tonight to urge the Commission to do the right thing. Mr. Washam said that this same situation has occurred four times where a candidate was not moved up. He hoped that this does not happen again and noted that people are watching this City to see what it does. Mr. Washam urged the Commission to give their support to Mr. McCray. Hr. Victor Norfus, 261 North Palm Drive, Boynton Beach said he was present tonight representing the International Free rvlasonic Lodge 202 of Boynton Beach and stated that he lives in District TV and owns property on MLK Boulevard and was born and raised in District II. Mr. Norfus does not want to see a special election and pointed out that Commissioner Black expedited his resignation in order to avoid a special election and to accelerate the filling of his vacancy. He too pointed out that Mr. McCray received the majority of votes in District T! and stands out above the other applicants. Mr. Norfus urged the Commissioners not to waste their time and money and avoid embarrassing themselves. Mayor Broening closed the public hearing. Commissioner Fisher agreed with the comments made tonight by the audience. Commissioner Fisher said he did not want the issue to be a Black and White issue and Mr. McCray has earned the right to sit on the dais. Commissioner Fisher pointed out that Hr. HcCray attends all the meetings, as well as Brian Edwards. Motion Commissioner Fisher moved to appoint Mr. Mack McCray as Commissioner of District Mayor Broening passed the gavel and seconded the motion. 11 Meeting Minutes Regular City Commission Boynton Beach~ Florida May 1, 2001 Mayor Broening pointed out that if he had not passed the gavel, the motion would have failed for lack of a second and felt now was the time for discussion. iVlayor Broening applauded all the candidates that applied for the position. IVlayor Broening said he prepared a matrix to compare the candidates. He pointed out that his job is to lead the Commission and he would like the Commission to unanimously appoint one of the three candidates. Mayor Broening shared the criteria in his matrix with the audience and Commission members and requested that the discussion continue. Vice Mayor Weiland pointed out that many things have been written in newspapers recently and he has received numerous phone calls from supporters of all three candidates. Vice Mayor Weiland stated he was a great proponent of single member districts and it has been shown that single member districts can work. Also, discussion is underway to move the election from March to November in order to attract more voters. Vice Mayor Weiland stated he also prepared a matrix to determine the best person to fill the seat at this time and he wants to do what's best for the entire community. Vice Mayor Weiland said that he represents the entire City, regardless of the district that he lives in. He feels that a Black and White issue has been unfairly created and that the IVlayor and Commissioners represent the entire Qty. Commissioner Ferguson said he was very encouraged with the fact that three excellent candidates applied for the position and would be proud to serve with any one of them. Commissioner Fisher said he felt Commissioner Ferguson had been appointed to his seat based on the fact that he ran in the District race and finished second and that was a motivating factor. There was a Commissioner with experience that applied, but Commissioner Ferguson was chosen because he was the one that the people voted for. Mayor Broening asked the City Clerk to call the roll. Commissioner Fisher and Hayor Broening voted aye. Vice Mayor Weiland and Commissioner Fishcr-Fercjuson voted nay. The motion failed due to a tie. Mayor Broening asked if there was another motion. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Motion Vice Mayor Weiland nominated David Katz for Commissioner of District T!. Motion seconded by Commissioner Ferguson. Commissioner Fisher said that he wished to enter certain issues into the record. Commissioner Fisher said when he was running for office, Mr. Katz introduced himself. Mr. Katz told Commissioner Fisher "! have dirt on the other candidates that ! can let you have". Commissioner Fisher requested to enter into the record two articles from newspapers supporting his remarks. The first one was an editorial dated March 14, 1996 from 7-/7e P~//~ ~'ea£/~ Post, which Mr. Fisher summarized. The second article appeared in the .5'z//~-.5'e/Tz'//Te/on March 8, :[995, which alleged that Mr. Katz sent a campaign letter to City employees, which some employees felt was threatening. Commissioner Fisher said he respected the loyalties of the other Commissioners, but pointed out that the issue was a City Commission seat. Vice Mayor Weiland stated that he has worked for everything that he has and has earned respect of that premise. Further, Vice Mayor Weiland said he does not owe loyalties to anyone and said a newspaper would be the last place he would look for facts. Vice Mayor Weiland said he is basing his decision on the best person he feels would fill the seat. He pointed out that the people that supported him two years ago told him negative things about the people he speaks with today. Vice Mayor Weiland feels that Mr. Katz has offered intelligent advice and that everyone cannot agree with everybody. Mayor Broening said that Mr. Katz is a valuable asset to the community and he knows the issues. Mayor Broening requested that the Clerk call the roll. Mayor Broening and Commissioner Fisher voted nay Vice Mayor Weiland and Commissioner Ferguson voted aye. The motion failed due to a tie. Mr. Brian Edwards requested to be allowed to take the podium. Mr. Brian Edwards, 629 NE 9th Avenue, Boynton Beach said he realized from the past two meetings that he is not being supported by the Community and that he came in third in the voting. Mr. Edwards said that he has worked in all areas of the Community and throughout the County and that he understands poverty and racism. Mr. Edwards 13 Meeting Minutes Regular City Commission Boynton Beach, Florida May :L, 200:~ felt that the current Commission has worked very wel Black did an excellent job. For the good of the whole is withdrawing his application effective immediately, Mr. Edwards said he is giving his support to Mr. Mack Attorney Cherof reported that the Charter provides ti meetings to reach a consensus on a replacement a meetings, if the Commission cannot appoint a replace a special election. Attorney Cherof said the matte agenda for further consideration. together and that Commissioner Community, Mr. Edwards said he even though he is not a quitter. 4cCray. at the Commission can hold two nd that after those two regular ~ent, the City is required to hold should be moved to the next Vice Mayor Weiland said at the last special meeting he~ made a motion to hold a special workshop to discuss the candidates within the time allowed by the Charter to make the decision. Motion Vice Mayor Weiland said he would like the Commission to reconsider holding a workshop to discuss the candidates and to work oUt their differences before time expires. Mayor Broening passed the gavel and seconded the motion. Commissioner Fisher did not feel that a special worksh, everyone knows the process and this is the place to dis Mayor Broening called for a vote. The motion f Commissioners Fisher and Ferguson dissenting). The item will be discussed at the May 15 meeting motion to table. Attorney Cherof stated that a motio that the item would appear on the next agenda. )p would serve any purpose, that cuss the issues. ailed I to 3 (Mayor Broening, nd Mayor Broening called for a to table was not necessary and Motion Commissioner Fisher moved for a recess = The meeting reconvened at 8:10 p.m. C:ZTY MANAGER'S REPORT: A. Discuss adoption of an Emergency Water customers of the City of Boynton Beach U ~t 7:50 p.m. Conservation ~Rate for all water :ilities - Staff to Present Options 14 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Mr. Bressner reported that staff has developed alternative ideas which included a rate structure with an appeals process. Mr. Bressner noted that many times sprinklers go off automatically, even if it is raining. He noted that there are devices available that sense the rain and would override the timer and perhaps the City could provide some type of funding. Mr. Bressner said that consideration can be given to developing a program to provide assistance to homeowners to have these devices installed on homes and businesses. Mr. Bressner pointed out that with regard to water conservation, the City is not making much headway and in fact, staff informed him that water usage has gone up, which is very discouraging. Mr. Bressner pointed out that this is a crisis situation and people need to take steps to reduce their water usage. Mr. Dale Sugerman, Assistant City Manager, said he was prepared to answer any statistical questions and confirmed that the City's usage during the month of April has in fact gone up. Mr. Sugerman stated staff has come up with nine alternatives for ways to reduce water usage. Mayor Broening said that everyone should be able to reduce their consumption of water and that the City should enforce the regulations in place to achieve this. Mayor Broening also suggested that the City needs to become more aggressive in getting the message out to make residents aware of the water situation. Mayor Broening also felt the idea of retrofitting the sprinkler systems was warranted and that there is a need for very strong enforcement of the restrictions. COmmissioner Ferguson said that the current basic rate structure discourages conservation. He noted that there are nine rate structures and all, except the first one, are based on per thousand-gallon usage. After the first three thousand gallons, the ra~e goes down, so there is no incentive for anyone to conserve. The higher rate is not achieved until consumption reaches 50,000. Therefore, Commissioner Ferguson said that some type of graduated rate needs to be put in place, which would increase revenues and the steeper rate grade will discourage consumption. Commissioner Ferguson said that the nine alternatives appeal to him, especially sending a letter to all residents and having a hardship procedure in place, which should be dealt with by the social service agencies. Commissioner Fisher said he did not want to see the gallonage rate increase to 25,000 gallons. He felt a figure of 30,000 gallons might be fairer. Secondly, Commissioner Fisher noted he received a phone call from a constituent inquiring if there was a reward system for reporting an offender? Commissioner Fisher questioned if this is something the Commission should consider. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Vice Mayor Weiland said that option #6 to do a 12-month survey appealed to him and that every single customer be required to reduce their usage by a certain amount, which would be fair to everyone. Also, Vice Mayor Weiland feels that there are errors in reading meters. Commissioner Fisher felt that if a 12-month survey was undertaken that it go back to the previous 12 months so that people would not be unfairly penalized if they have already begun to conserve and are unable to bring their consumption down much lower. Mr. Sugerman stated that they could average backwards. Mayor Broening announced the public hearing. Mr. Terry Pereira said he felt the penalties should be based upon the conservation phase that was in effect at the time, which would create a graduated scale. Also, Mr. Pereira said he had suggested that a ceiling be set at 30,000 to 35,000 gallons after which there would be no rate averaging. Mr. Pereira presented various methods on how to penalize abusers. Mr. Pereira agreed with Commissioner Ferguson's assessment that the rate structure needs to be changed. Mr. Bressner replied that he has been speaking with Commissioner Ferguson regarding a rate adjustment and an analysis should be ready within the next few weeks. Iqr. Mike' Fitzpatrick pointed out that people are in a denial stage regarding the drought. Mr. Fitzpatrick indicated on the world map that Florida geographically and geologically is a desert. However, Mr. Fitzpatrick stated because of the Everglades, Florida is not a desert. Also, Mr. Fitzpatrick noted that this kind of drought could continue for many years. Mr. Fitzpatrick agreed with the Mayor that over 60% of water consumption is being used to keep grass green. Mr. Fitzpatrick would like to see the Planning Department update their list of approved plants; Code Compliance should decriminalize not growing grass; and Parks should plant native plants. Mr. Fitzpatrick said that 90% of Utilities' budget for education should be used to promote xeriscaping. Mr. Fitzpatrick said that anyone using over 15,000 gallons a month should be penalized. Herb Suss said that he and his wife consume between 4,000 to 5,000 gallons a month. Hr. Suss felt that anyone consuming over 18,000 gallons per month should have to pay double for water. Mr. Suss said that a moratorium should be placed on new buildings because new buildings use more water. Also, he said if homeowners have to comply with restrictions it should also apply to all businesses. Beverly Agee, 832 SW 33rd Place, Boynton Beach said she is concerned about large families and asked that the City consider option #6 as a possibility. Ms. Agee would like 16 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 the City to go back and look at usage during the last 12 months to determine the real water usage before people started to conserve. Ms. Agee felt that utilizing a hearing officer would create a bureaucracy and would result in additional costs to the City. Also, she pointed out that not all hardship families would utilize the hearing process resulting in additional hardships for poor families. She was opposed to any type of reward system for turning in your neighbors. Commissioner Fisher inquired what the cost was for the City to come out and perfOrm an analysis. Mr. Sugerman replied it cost $15 to have the City check a water meter. ]~f the meter is not working correctly, the meter is replaced and the $:[5 is refunded. Mr. Sugerman pointed out that the City is pumping about :[4 million gallonS a day to its customers and approximately 9 million is being returned into the sewer system. This means that 5 million gallons per day is used for watering the grass. Mr. Sugerman also noted that the Soil and Water Conservation District would come out to your home to do an analysis of residents' irrigation systems at no cost. The telephone number for the Palm Beach County Soil and Water Conservation District is 683-3385 and they should be contacted for a free analysis Mayor Broening inquired if a motion would be appropriate at this time in order for staff to move forward. :It appears from discussion that: · enforcement is needed; · improve communication on getting the word out regarding the severity of the problem and the potential penalties; · come up with a system as set out in ~[tem #6 of the report; · develop a program of the retrofitting rain sensors for irrigation systems; and · addressing the rate scale. Mr. Bressner said it is important that staff knows what direction the Commission wants to go. From tonight's discussion he has determined that the Commission would like staff to - · look at a graduated rate structure; · determine the costs for the software needed for the one year analysis that has been proposed; · cost out a program for the rain sensors for sprinkler systems; and · enhance a public information campaign. Further, IVlr. Bressner felt that staff needs to look at some of the landscaping restrictions currently in the Code and to include plants and trees that would be more hospitable to a drier environment. ]? Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Mr. Sugerman said he would like to have a number in place upon which to measure the gallonage and the impact of this number. Currently there are rate blocks in the software and billing system. :If the numbe~ changes to something other than the current blocks, Mr. Sugerman said he would need to know this so that he can determine the expense involved in order to change the City's billing process. Commissioner Fisher felt that the Commission could not come up with a number at this point. Mayor Broening said that the chart furnished by Mr. Sugerman is very helpful and that chart could be used as the basis for recommendations and there are numbers associated with the chart. Commissioner Ferguson suggested that staff bring this back to the Commission. Mayor Broening agreed with this and said that the Commission tonight is telling staff that we support their recommendations and that the chart could be the basis for the numbers that Mr. Sugerman is looking for. Mr. Sugerman said that staff would also like to proposal. Mr. Sugerman said that this information Commission two meetings from tonight. review Commissioner Ferguson's would be brought back to the B. Motions to Reconsider - Review Memorandum from City Attorney Attorney Cherof noted in the agenda packet there is a memo regarding the process of motions to reconsider. Currently there is provision in the City Code that deals with quasi-judicial proceedings and Attorney Cherof stated he is recommending some changes to clarify and streamline the process for making motions to reconsider. Attorney Cherof said he is bringing forward this item because there have been occasions following the close of a meeting when Commission members have requested additional information from staff with the intent of finding out something that was not clear at the hearing and this would give the Commission an opportunity to make a motion to reconsider. Attorney Cherof also noted that Resolution R95-50 is attached to the memo which contains a prohibition in Paragraph A that states if an issue comes before the Commission and fails, the issue cannot be brought back to the Commission for six months. Attorney Cherof recommended to bring back to the Commission in Ordinance form the revisions to Section 2-20 of the Code to clarify motions for reconsideration. Commissioner Fisher would like the six-month waiting period revisited. Attorney Cherof replied that there is a condition in Robert's Rules that is not geared to public bodies and frequently issues that come before the Commission usually do not disappear simply by 18 Meeting Minutes Regular City Commission Boynton Beach, Florida Hay :~, 200:L voting upon them. However, another consideration to this waiting period is that a Commission that brings an item forward and loses, may not want to bring the item back meeting-after-meeting and watch the item fail each time. The Commission needs to define what issues it wants to bring back and the ones they don't want brought back. Commissioner Fisher suggested looking at what other cities are doing in this regard. Attorney Cherof said they would poll other cities and report back. Motion Vice Mayor Weiland moved to table. Motion seconded by Commissioner Ferguson and unanimously carried. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Seacrest Scrub Preserve Staff Generated Palm Beach County South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard Request to rezone a + 53.69 acre scrub preserve from "Single-Family Residential" (R-l-AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Project: Agent: Owner: Location: Description: Rosemary Scrub Preserve Staff Generated Palm Beach County Northwest corner of the intersection of North Seacrest Boulevard and Miner Road' Request to rezone a _+ 13.59 acre scrub preserve from "Single-Family Residential" (R-l) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Attorney Cherof stated anyone wishing to speak on these two items needed to be sworn in. Attorney Cherof administered the oath to all persons who would be testifying. Mr. Rumpf said his presentation would be identical for both items except for the location. Both areas are recreation conservation areas, require no water and are natural scrub sites. The County, as a result of the State's Preservation 2000 Program, acquired the properties and the City was a joint participant in the grant applications. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 At the Planning and Development Board Meeting, public testimony recommended that the City amend its Comprehensive Plan to replace the recreation classification for preservation sites to a conservation category. Staff concurs with this designation change. Ms. Stella Rossi, 625 Whispering Pines Road, Boynton Beach testified that these lands were purchased as the result of bonds issued by the County. Ms. Rossi thanked the Planning and Development Board for considering her designation change to conservation and hoped that the Commission would agree. Ms. Rossi requested that all preserves in the City should be placed in this category which are Hester Scrub, Water Tower Site Scrub, Quantum Park Scrub, the Galaxy, and the Boynton Beach Mall Pine Preserve. Ms. Rossi pointed out that these are the City's recharge areas for the water entering the acquifer. Ms. Rossi said she would also like the City to establish an Environmental Board to deal with these issues. She would like to see a workshop held on water conversation, xeriscape and enlightening the people to the difference between exotic and native plants. This could be arranged through the County. Motion Commissioner Ferguson moved to rezone the Seacrest Scrub preserve from "Single- Family Residential to "Recreation". Motion seconded by Commissioner Fisher and unanimously carried. Motion Commissioner Ferguson moved to rezone the Rosemary Scrub preserve from "Single- Family Residential to "Recreation". Motion seconded by Commissioner Fisher and unanimously carried. Mayor Broening asked Mr. Rumpf about the process of changing from recreation to conservation. Mr. Rumpf noted that this would have to be included in the Comprehensive Plan Amendment and staff is recommending that this not be included with the current cycle for DCA. Mr. Rumpf said he is recommending this change for the ne~t submission, which is October ist. The Commission agreed with this process. VIII. FUTURE AGENDA ITEMS: A. Future Annexation Areas (May 2001) B. Status report on new meeting schedule for advisory boards (May 2001) 20 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 IX. C. Proposed Ordinance No. 01- Re: Election Date (May 15, 2001) Application for funding from County DIP and RAP funds for a footbridge for Girl Scout Park (RAP), 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (D:[P) and Seacrest Landscape Island ]:mprovements (DJ:P) E. Update on Senior Citizen Center Programs and Usage DEVELOPMENT PLAN S: None X, NEW BUS]:NESS: Previously addressed X]. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC JHEAR[NG 1. Proposed Ordinance No. 01-18 for Boynton Commerce Center Attorney Cherof read proposed Ordinance No. O1-18 by title only. Motion Re: Abandonment Commissioner Ferguson moved to approve Proposed Ordinance No. O1-18. Motion seconded by Vice Mayor Weiland. City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. 01-19 Re: Amending Section 13-20. Special Events; Providing for clarification of regulations and streamlining of the application process Attorney Cherof read proposed Ordinance No. 01-19 by title only. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-19. Notion seconded by Vice Mayor Weiland, City Clerk Prainito polled the vote, The vote was unanimous. Proposed Ordinance No. 01-20 Re: Adopting the Federal Highway Corridor Redevelopment Plan and ]~mplementation Plan Attorney Cherof read proposed Ordinance No. O1-20 by title only. Commissioner Fisher stated that at the last meeting when this item was discussed, the consultant was going to bring back certain information and Commissioner Fisher inquired about the status? Nr. Greene said he would follow through on this and if the Commission tabled the item for two weeks, it would not adversely affect staff moving forward with the work. Motion Commissioner Ferguson moved to table. Notion seconded by Commissioner Fisher and unanimously carried. B. Ordinances - 1st Reading None C. Resolutions: None D. Other: None XlI. UNFINISHED BUSINESS: None XI]:I. OTHER: 22 Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 A. Informational Items by members of the City Commission None XZV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 9:20 p.m. A"I-FES"F: C~. Clerk Recording Secretary (3 tapes) ...missioner Commissioner 23 Apr-22-O1 lI:12A P.01 Empl by ened threate, nod,- said one employee who received the letter and declined [o be named ~cam~e she fear~ "I . for h~ Job, thought. Who the h~k d~s ~ t~nk he is?' ' letter Katz eurt~ly ~ta on t~ Ci~ Commi~- ~i~ representing District 1, th rea t~ City Manager,Carrie Parker m~M she ~ received three eatl~ from d~artment Candidate'scampmgn' letter, threatening, employees say Ely FIOSIN. FIELDB beads ~aytng workers were eomplainhag, 8ts. Wrl~r a~ three calls fr~ workers th~lv~. mreaL In my op~on~ t~ ~ , opponents h~ the may- or s race, Jerry Taylor and Jim Warnke, called the letter "threat- n~.n.g and ilaappron~iat..,,, '~ don't k~o~ th~'a ~overn. ~ent of/ieial' should b~ addre~- i~ ~(¢ empioy~ in mat Katz malma~ the' mail~ Mayoral candidate onder fire for letter ma/led to workers v,: calls a~ut ~e ~ter, ~ ~e ~rit~ c~ Mmple ~rtisan ~liti~ Y ~]ifical oppon~ instigated th~," he ~id_ Katz said he marled t~ l~tter, w~ is ~st-dnt~ to Thursday, to all ~mploy~ PLEASE SE~ C~DIDATE/~A s ap. prop~iate. He has re. iv . supping elv~ s ?~e .~rotee~on and ~ ..... e Pnvatmat~n. ~t the fi~t t~e accusations of dirty trfc~ h~Fe marred the ma~or~l race. A Packet co~taining allege- troubles wa~ deliver~ andy. mo~ly on ~e eve of', ~e flli deadl~e. Walahak, ~o had ~ clar~ an JaUnt to run for mayor, withd~w from the race. More recently, Kart and Wa~ke P~eated Taylor's ~se of a city Iago tn a marling Ta !o u;~"i~Y el~ supe--~r$ not to r Apr-22-O1 Ii:IBA THE'PALM BEACH t:~)ST THURSDAY, MARCH I4, 1996 s The Palm Beach .Post ¢ .~ r~te.t, moN, pinataS{r ~ s~x,, ~. ~v ....... New day in B°ynton with new commission {~.~~~~~ Hen.cler..s. on Tii. lma, n.and- 'teneeraori Tilh~an, the c/fy has a chance to achieve the kind of prosperity residents desex-ye. Mr, Titeomb and lVir. T~.~ each woh'w/thout a ~noff, e~n ~o~h th~ wer~ four ~n~dat~ d~ c~mis~ rac~. Mn T~'s vic~ is mo~ ~e~ve ~cau~ he ~a~ ~e only ~.~~ in a field ~t Mclud~' ~o ~ m~rs. .~e ~o n~ co~issione~ ~'~ cr~nfi~s. Mr. ~teomb has ~ a ~ of ~e Delray BOstOn Beach ~m~ of Co~ ~ ~ of the ~{~bili~on Center e ~~ m B~ Ra~. He was a foflndi~ ~ctor of ~e T~.D. Cen- ter, wM~ he~s min~y bu~es and pwmotes i~l{ h~$~. Mr. Till- mm is a Hf~g ~mdent w~ ~th ~un~ra. ~Lh as a t~c~ of seve~ high-sch~l subje~s ~d'~ a J~or A~iev~ent im~r. But thor ~ck~o~ds tell ~y ~o~ng B~ton Bea~ ~e n~rh~s, a ~3~t ~wn. a~ve d~en~.' Mr; T~m as he shq~d ~, but he ~ape~ on dW~de 'the. turn away from years'of bickering. '--A~ for Mr.r M~, hil~ idea'of civic di~cotw~ was ~ a re, ow $~ if she ne~ a Io~y. ~aOe B~tqn o~g hi~ un~ ~nu~. ~ton ~ ~ay is where Dei- ~y ~ach waa a ~e ~o, ~e a I9~ re.eat ~t De~y Bea~ ~ the ~t~ .~'s reW~ and ~e ~ ~1 ha~. a nra~aa~. TO: SMITH, BALLARD & LOGAN, P.A. LIVELY HOUSE 403 EAST PARK AVENUE' TALLAHASSEE, FLOKtDA 32301 TELEPHONE (850) 577-0444 TELECOPIER (850) 577-0022 EMAIL ADDRESS: JOE~SBLLAW.COM MEMORANDUM Charlie Fisher, Commissioner FROM: Joe McCann DATE: April 30,2001 SUBJECT: Legislative Summary Commissioner, the following are some of the issues we have been involved in on behalf of the City of Boynton Beach. I will describe some of the issues we are working directly in and follow up with issues we are tracking and following to make sure they do not have a negative impact on the City. 1.) Front Porch Florida: We met with Allison Hewitt, the Executive Director of Front Porch Florida, to discuss the application process and how Boynton can come up with the strongest application possible. Mayor Broenig and City Manager Bressner participated in this meeting. We have subsequently received the application and forwarded it to city staff who have begun to meet with all interested parties. , .2.) ~ mti-bullying legislation: We met with the Commissioner of Education, Charlie Crist to discuss issu,.~s pertinent to school violence initiatives. He agreed to review the issue and assist us in having a pr ~.sence in the statewide school violence task force. The commissioner also agreed to have his Age ncy examine successful legislative and executiVe iniatives as it relates to a "violence free zone" and anti-bullying measures. Re resentatives of the Palm Beach School Board were also met with in Tallahassee. They offered cor~tructive advice and asked our assistance in appointments to the anti-violence task force. 3.) House Bill 875: by Representative Bucher: Palm Beach Co./Career Service: Defines "career §erCice employee" & provides restrictions for reduction in rank of certain employees;provides applicability; specifies rights of such employees; revises procedures for appeal of disciplinary actions & complaints against employees of Sheriff; revises provisions for appointment of boards to hear appeals & procedures with respect thereto; revisions provisions re monetary emoluments based on performance. 03/12/01 Referred to Local Government & Veterans Affairs; State Administration; Council for Smarter Government 04/03/01 On Committee agenda-- Local Government & Veterans Affairs, 04/05/01, 10:15 am, 04/05/01 04/06/01 04/10/01 04/ 2/01 04/13/01 04/~0/01 04/~3/01 04/26/01 Reed Hall Favorable with 1 amendment(s) by Local Government & Veterans Affairs; YEAS 9 NAYS 0 Now in State Administration On Committee agenda-- State Administration, 04/12/01, 9:15 am, 306-H Favorable by State Administration; YEAS 3 NAYS 0 Now in Council for Smarter Government On Council agenda-- Council for Smarter Government, Favorable by- Council for Smarter Government; YEAS 7 NAYS 5 Placed on Calendar, on second reading The House has stopped hearing bills on second reading are taking up only Senate Messages or bills that have previously passed second reading in the House. This bill has yet to be placed on the proper Calender to be heard. We are continuing to discuss this issue with House leadership. 4.) Interim Study on school violence: Senator Klein has agreed to request an interim study be conducted on school violence issues. We assisted in drafting a letter to the Senate President and will continue to work with the Commissioner to assure a comprehensive approach is taken on this issue. 5.) CRA language: We have been working with numerous interest groups to try and craft language to a~sist in our redevelopment issues. Eminent domain and condemnation issues are obviously controversial. We will continue to try and work out compromise language as well as work with the Department of Community Affairs for their input. General Legislation House Bill 1: by Representative Kilmer: Schools/Construction Projects: Authorizes school districts to qualify construction projects for funding under the Special Facility Construction Account by u~ing the school capital outlay surtax in lieu of the maximum millage against their nonexempt assessed property value. Authorizes funding in fiscal year 200'1-2002 of qualified projects whose phase IH plans were certified by August 1, 1999. 01/12/01 Referred to General Education; Fiscal Policy & Resources; Education Appropriations; 01/29/01 02/0~/01 02/0~/01 Council for Lifelong Learning. On Committee agenda-- General. Education (LLC), 02/08/01, 1:30 pm, 306-H Favorable by General Education (LLC); YEAS 13 NAYS 0 Now in Fiscal Policy & Resources (FRC) Senate Bill 2: by Senator Burt: Average Final Compensation/FRS: Redefines the term "average finaI compensation," for purposes of the Florida Retirement System, to be the average of an employee's highest 3 fiscal years of compensation for creditable service. 08/15/00 Referred to Governmental Oversight and Productivity; Appropriations. House Bill 3: by Representative Ball: Citizens' Right to Honest Govt. Act: Creates the "Citizens' Right to Honest Government Act." Authorizes the Office of Statewide Prosecution to investigate and prosecute violations of ch. 838, F.S. Revises, provides, and deletes definitions. Increases the penalties for bribery and unlawful compensation or reward for official behavior to a second degree felony. Provides penalties for official misconduct, criminal misuse of official position, disclosure or use of confidential criminal justice information by a public servant, and bid tampering, Provides status of confidential informants or confidential sources. Authorizes public servants who are subjected to an investigation for official misconduct to recover attorney's fees. Provides a penalty for perjury by a public servant in an official proceeding. Ranks violations of ch. 838, F.S., in the Criminal Ptmisl~ent Code offense severity ranking chart. Repeals provisions relating to commercial bribe receiving and commercial bribery. 01/12/01 Referred to State Administration; Crime Prevention, Corrections & Safety; Fiscal Policy & Resources; Council for Smarter Government 01/16/01 On Committee agenda-- State Administration, 01/25/01, 9:00 am, 306-H 01/25/01 Favorable with 3 amendment(s) by State Administration; YEAS 4 NAYS 0 02/22/01 CS by Crime Prevention, Corrections & Safety (HCC); YEAS 8 NAYS 0 House Bill 7: by Representative Heyman: Eminent Domain/Public School Purpose: Authorizes a municipality to exercise eminent domain powers to obtain and convey lands to a school board for the purpose of establishing a school. Provides for the future repeal of the power granted. 01/12/01 Referred to Local Government & Veterans Affairs; Education Innovation; Council 02/06/01 02/08/01 02/20/01 02/21/01 for Smarter Government Favorable by Local Government & Veterans Affairs; YEAS 8 NAYS 0 On Committee agenda-- Education Innovation, 02/20/01, 9:00 am, Morris Hall Favorable by Education Innovation; YEAS 15 NAYS 0 Now in Council for Smarter Government House Billl7: by Representative Melyin: Intangible Personal Property Taxes: Repeals the taxes on intangible personal property. 01/12/01 Referred to Fiscal Policy & Resources; Local Government & Veterans Affairs; Fiscal Responsibility Council. House Billl9: by Representative Greenstein: Fair Housing Act: Provides that, to qualify for the exemption fi.om the Fair Housing Act with respect to familial status for housing for older persons, a facility or community shall register with the Florida Commission on Human Relations and submit an affidavit affirming compliance with specified requirements. Provides for a registration fee and authorizes the commission to impose a frae for filing false information. 01/12/01 01/29~01 02/16~01 02/22701 Referred to Local Government & Veterans Affairs (SGC); Fiscal Policy & Resources (FRC); Council for Smarter Government On Committee agenda-- Local Government & Veterans Affairs, 02/06/01. Pending review of CS under Rule 6 Now in Fiscal Policy & Resources House Bill 65: by Representative Trovillion: Obscenity/Computers/Public Libraries: Requires county or municipal public libraries that make computer on-line service, Internet service, or local bulletin-board service available to persons under 18 years of age to install and make available sol.are or other technology that prohibits access to obscene materials. When there is only one computer available for public use, installation of such software or technology is optional with the library. 01/12/01 Referred to Juvenile Justice; Fiscal Policy & Resources; Council for Smarter Government. House Bill 99: by Representative Weissman: Ad Valorem Tax Exemption: Proposing an amendment, to the State Constitution to allow an ad valorem tax exemption for property value attributable to improvements made for purposes of disaster preparedness. 01/12/01 Referred to Local Government & Veterans Affairs; Fiscal Policy & Resources; Council for Smarter Government House Bill 103: rby Representative Russell: OffHighway Vehicles: Creates chapter 261, F.S., to regulate off-highway-vehicle safety and recreation to control and manage off-highway vehicles to ensure that there are no negative effects on the environment, wildlife habitats, native wildlife and native flora. The act declares that effectively managed areas and adequate facilities for the use of off-highway vehicles are compatible with Florida's overall recreation plan and the underlying goal of multiple use. 01/12/01 Referred to Agriculture & Consumer Affairs; Fiscal Policy & Resources; Council for Competitive Commerce 02/09/01 On Committee agenda-- Agriculture & Consumer Affairs 02/21/01, 1:30 pm, 28-H 02/21/01 Favorable with 1 amendment(s) by Agriculture & Consumer Affairs 02/22/01 Now in Fiscal Policy & Resources. Senate Bill 110: by Senator Geller: Local Government Code Enforcement: provides that money judgments of liens apply to specified real & personal property. 01/11/01 Referred to Comprehensive Planning, Local and Military Affairs; Judiciary. Senate Bill 116: by Senator Sullivan: Home Inspection Services; provides requirements re home insp?ctionservices; provides certain inspector qualifications & practice standards; requires, before nspectmn, provision of inspector credentials, caveat, disclosure of conflicts of interest & certain relationships & statement or agreement of scope, limitations, terms, & conditions; prohibits certain acts for which there are civil penalties; provides for filing of complaints, etc. 01/11/01 Referred to Comprehensive Planning, Local and Military Affairs; Agriculture and Consumer Services; Appropriations Subcommittee on General Government; Appropriations. Sena muni for h 01/11 01/25 02/1: 02/1, te Bill 130: by Senator Silver Eminent Domain/Public School Purpose; authorizes :ipalities to exercise power of eminent domain for public school purposes; provides .ture repeal. /01 Referred to Comprehensive Planning, Local and Military Affairs; Education. /01 On Committee agenda-- Comprehensive Planning, Local and Military Affairs, 02/06/01, 3:15 pm, 309-C --No meeting lack of quorum. /01 Favorable by Comprehensive Planning, Local and Military Affairs; /01 Now in Education. Senate Bill 140: by Senator Geller Ad Valorem Tax Exemption; constitutional amendment to allow ad valorem tax exemption for property value attributable to improvements made for purposes of disaster preparedness. Amends s. 3, Art. VII. 01/11/01 Referred to Comprehensive Planning, Local and Military Affairs; Finance and Taxation; Rules and Calendar House Bill 153: by Representative Slosberg Cellular Telephone/Hands-Free Device; prohibits use of cellular_ telephone while operating motor vehicle unless operator uses headset or hands-free device; provides for rules; provides penalty. 01/23/01 Referred to Transportation; Crime Prevention, Corrections & Safety; Utilities & Telecommunications; Fiscal Policy & Resources; Council for Ready Infrastructure. Senate Bill 190: by Senator Clary Building Code Revisions; expresses legislative intent to revise laws. 01/11/01 Referred to Comprehensive Planning, Local and Military Affairs; Appropriations Subcommittee on General Government; Appropriations; Rules and Calendar. House Bill 207: by Representative Gottlieb Condominiums/Election; amends provision re alternative dispute resolution procedures to provide for expedited handling of any allegation of irregularity in election of any director of board of administration of condominium; provides for investigation & formal hearing. 01/24/01 Referred to Judicial Oversight; Business Regulation; Council for Smarter Government Hou~,e. Bill 243: by Representative Rubio;by Representative Farkas Health CareICertificates-of-Need; repeals specified provisions requirements for certificate-of-need review & ap.~roval for health care facilities & services; repeals certain provision re certificates of need rcqui~'ed as condition of certain bond validation; amends certain provisions to conform to repeal of certificate-of-need requirements & process of certificate-of-need review, & health planning process related thereto. J 02/0~/01 Referred to Health Regulation; Council for Healthy Communities. 02/09/01 On Committee agenda-- Health Regulation, 02/22/01, 9:00am, Morris Hall --Temporarily deferred. Hou.~ Bill 261: by Representative Jordan Law Officer/Background Investigation; provides speci.~ed requirements of employers re background investigation of applicant for employment or appointment as full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation office~, provides requirements re authorization to release info.; defines term"employment information"; provides for injunctive relief; provides presumPtion; provides for fees to cover certain costs incurred by employer. 02/06/01 Referred to Judicial Oversight; Crime Prevention, CorreCtions & Safety; Council for Smarter Government. House Bill 287: by Representative Lynn Basic Life Support Service/Licensure; (Volusia Co.) directs Board of County Commissioners to issue certificate of public convenience & necessity to applicant for licensure as basic life support or advanced life support service that will operate in municipality within county that has population greater than 30,000 upon request of municipality, under specified conditions; provides for referendum. 02/06/01 Referred to Local Government & Veterans Affairs. Senate Bill 294: by Senator Geller; Fair Housing Act; provides that, to qualify ~for exemption from said act re familial status for housing for older persons, facility or community shall register with Florida Commission on Human Relations & affirm compliance with specified requirements; provides for registration fee; provides for fines & roles. 01/25/01 Referred to Comprehensive Planning, Local and Military Affairs; Judiciary; Finance and Taxation; Appropriations Subcommittee on General Government; Appropriations House Bill 295: by Representative Gibson Ad Val Tax Exemption/Elderly Living; constitutional amendment to allow counties to exempt from taxation increase in assessed value of residential property resulting from constructing living quarters for property owner's parent or grandparent who is 62 years old or older. 02/06/01 Referred to Fiscal Policy & Resources; Local Government & Veterans Affairs; Council for Smarter Government. House Bill 299: by Representative Gibson FRS/Special Risk/EMT Supervisors; revises language re special risk membership to include members who supervise or are command officers of members who are emergency medical technicians or paramedics. 02/06/01 Referred to State Administration; Fiscal Policy & Resources; Council for Smarter Government. House Bill 305: by Littlefield Ad Val Tax/Resident in Another State; provides that person who is receiving or claiming benefit of ad valorem tax exemption or tax credit that requires permanent residency in another state for eligibility is not eligible for homestead exemption. 02/15/01 Referred to Local Government & Veterans Affairs; Fiscal Policy & Resources; Council for Smarter Government. House Bill 311: by Representative Gottlieb Traffic Control & Safety Programs; authorizes municipalities & counties to impose surcharge on civil penalties for traffic infractions to fund traffic control & safety programs; prohibits levying of said surcharge on traffic infractions occun'ing on interstate highways; requires proceeds from such surcharge to be deposited in Community Traffic Safety Trust Fund; provides for distribution of such funds; provides exception. 02/15/01 Referred to Transportation; Judicial Oversight; Fiscal Policy & Resources; Council for Competitive Commerce. Senate Bill 316: by Governmental Oversight and Productivity; Campbell; Sovereign Immunity/Selflnsurance: Provides that state, agency, or subdivision thereof may settle judgement or claim within limits of selfinsurance fund; clarifies that any defense of sovereign immunity is not waived as result of providing specified riskmanagement program. 01/26/01 02/21/01 02/22/01 03/07/01 03/22/01 Referred to Governmental Oversight and Productivity; Comprehensive Planning, Local and Military Affairs; Finance and Taxation; Appropriations Subcommittee on General Government; CS by Governmental Oversight and Productivity; YEAS 6 NAYS 0 Now in Comprehensive Planning, Local and Military Affairs Favorable by Comprehensive Planning, Local and Military Affairs; YEAS 6 NAYS 0. Now in Appropriations Subcommittee on General Government. House Bill 337: by Representative Garcia; (CO-SPONSORS) Arza; Diaz de la Portilla Municipality/Library/Operating Grant; eliminates July 1,2001, repeal of provision authorizing certain municipalities to receive operating grants for libraries. 02/15/01 Referred to Tourism; Fiscal Policy & Resources; Council for Competitive Commerce House Bill 385: by State Administration (SGC); Representative Brummer Municipal Utilities/Records; amends certain provision which provides exemption from public records requirements for specified period of time for certain information used by municipal utility to prepare & submit certain seal.ed bids to customers or prospective customers; reenacts such exemption & removes October 2, 2001, repeal thereof scheduled under OGSR. 02/09/01 Referred to Council for Smarter Government; On Committee agenda-- Council for Smarter Government, 02/19/01, 1:30 pm, Morris Hall. 02/19/01 Favorable by- Council for Smarter Government; YEAS 10 NAYS 0 02/22/01 Placed on Calendar, on second reading. House Bill 441: by Representative Baker County Government/Property Sales; provides altergative procedure for sale or disposition of certain property by boards of county commissioners. 02/21/01 Referred to Local Government & Veterans Affairs; Natural Resources & Environmental' Protection; Council for Smarter Government. House Bill 467: by Representative Lacasa Local Government; clarifies language; extends repeal date for provisions which allow certain municipalities that have been declared in state of financial emergency to impose per-vehicle surcharge on revenues from sale or rental of space at parking facilities. 02/21/01 Referred to Local Govemment& Veterans Affairs; Fiscal Policy 8: Resources; Council for Smarter Government. Senate Bill 510: by Senator Burt; (CO-SPONSORS)Senator King Basic Life Support Service/Licensure; (Volusia Co.) directs Board of County Commissioners to issue certificate of public convenience & necessity to applicant for licensure as basic life support or advanced life support service that will operate in municipality within county that has population greater than 30,000 upon request of municipality, under specified conditions. 02/1~/01 Referred to Rules and Calendar. HoUse Bill 589: by Representative Fasano; Fiorentino: Local Gov't. Utilities Assistance; cites act as "Local Government Utilities Assistance Act"; establishes pilot program; provides for administration by DEP; provides for criteria for grants & allocation of revenues for acquiring certain private waterwastewater utilities; provides for transfer of certain moneys from Solid Waste Management Trust Fund to program; provides for issuing revenue bonds for certainpurposes under · certain circumstances, etc. 02/23/01 Referred to Utilities & Telecommunications; General Government Appropriations Council for Ready Infrastructure. 03/05/01 On Committee agenda Utilities & Telecommunications. 03/06/01 Introduced, referred to Utilities & Telecommunications; General Government Appropriations; Council for Ready Infrastructure; On Committee agenda Utilities, Telecommunications, 03/07/01, 9:00 am, 404H 03/07/01 Favorable with 6 amendment(s) by Utilities Telecommunications; YEAS 10 NAYS 03/09/01 Now in General Government Appropriations. House Bill 593: by Representative Bowen: Municipal Law Enforcement Officers; provides authority to municipal law enforcement officers to patrol property & facilities leased by municipality but located outside its territorial jurisdiction. Amends 901.252. 02/23/01 Referred to Crime Prevention, Corrections & Safety; Local Government & Veterans Affairs; Council for Healthy Communities 03/02/01 On Committee agenda-- Crime Prevention,'Corrections & Safety, 03/06/01, 2:15 pm, 116-K 03/07/01 Now in Local Government & Veterans Affairs. House Bill 639: by Representative Weissman; Local Government Code Enforcement: Provides that money judgments of liens apply to specified real & personal property. 02/22/01 Pre filed 03/02/01 Referred to Local Government & Veterans Affairs; Council for Smarter Government 03/06/01 Introduced, referred to Local Government & Veterans Affairs; Council for Smarter Government. House Bill 731: by Representative Kottkamp: Public Records/Local Govemment/WMD; provides exemptions from public records requirements for specified identifying information re local government or water management district human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers & their Spouses & children; provides for future review & repeal; provides finding of public necessity. 03/07/01 Referred to State Administration; Council for Smarter Government. Senate Bill 810: by Senator Laurent Municipal Law Enforcement Officers; provides authority to municipal law enforcement officers to patrol property & facilities leased by municipality but located outside its territorial jurisdiction. 02/20/01 Referred to Comprehensive Planning, Local and Military Affairs; Criminal Justice. Senate Bill 8-62: by Senator Bronson; Solid Waste Mgmt. & Recycling Grants; Requires DEP to conduct comprehensive review of certain waste reduction & recycling goals;provides that DEP may provide certain counties with said grants; deletes provision that these grants be limited to certain funding received in fiscal year 1997-1998; requires dept. to provide specified amount for said grants available to all counties on competitive basis for innovative programs, etc. 02/20/01 Referred to Natural Resources; Comprehensive Planning, Local and Military Affairs; 03/06/01 Appropriations Subcommittee on General Government; Appropriations Introduced, referred to Natural Resources; Comprehensive Planning, Local and Military Affairs; Appropriation Subcommittee on General Government; Appropriations. House Bill 1433: by Representative Bennett: Growth Management: Requires each licensed publicly owned & operated airport to prepare airport master plan 8,: provides requirements with re.spect thereto; provides that development that is consistent with approved plan is not development of regional impact; exempts certain proposed facilities for storage of any petroleum product from development ofregxonal nnpact requirements. 03/19/01 Introduced 03/26/01 Referred to Transportation; Transportation & Economic Development Appropriations; Council for Smarter Government. House Bill 1487: by Representative Russell: Growth Management: Requires that each local government provide in its growth management plan for long term availability of water supplies for approved land development; directs local govt. comprehensive plans to coordinate with regional water supply plans; directs future land use Plans to be based on data re availability of sufficient water supplies for present & future growth. 03/19/01 Introduced 03/26/01 Referred to Local Government & Veterans Affairs; Agriculture & Consumer Affairs Natural Resources & Environmental Protection; Council for Smarter Government. Senate Bill 1614: by Senator Latvala: Local Gov't. Utilities Assistance: Cites act as "Local Government Utilities Assistance Act"; establishes pilot program; provides for administration by wDEP; provides for .... criteria for grants & allocation, of revenues for acquiring certain private ater-wastewater ut~ht~es; prowdes fqr transfer of certain moneys from Solid Waste Management Trust Fund to program; provides for issuing revenue bonds for certain purposes under certain circumstances, etc. 03/06/01 Filed. House Bill 1617: by Representative Dockery: Growth Management: Requires that local govt. comprehensive plan include public educational facilities element; requires local governments & school board to enter into interlocal agreement & provides requirements with respect thereto; provides requirements for future land use maps; requires that local govts, consider adequacy of pub!ic school facilities when considering certain comprehensive plan amendment & rezoning appl!cations. . 03/28/01 Referred to Local Government & Veterans Affairs; Fiscal Policy & Resources; Council for Lifelong Learning; Council for Smarter Government. House Bill 1701: by Representative Smith: Public Records/County/Municipal Code: Exempts from disclosure under certain provisions of State Constitution, certain information pertaining to county & municipal code enforcement officers & their families; provides for future repeal & prior legislative review of these exemptions; provides statement of public necessity for exemptions. 03/21/01 Introduced. House Bill 1737: by Fiscal Responsibility Council and Representative Johnson: Growth Management: Clarifies language; provides for compilation & transmittal by local govt. of list of persons who will receive information statement concerning state land planning agency's notice of intent to £md comprehensive plan or plan amendment in compliance or not in compliance; revises requirements re publication by agency of its notice of intent; deletes requirement that notice be sent to c~rtain persons.. 03/21/01 Filed; Introduced 03/23/01 Placed on Calendar, on second reading 04/(~3/01 Placed on Special Order Calendar. Senate Bill 2026: by Senator Burt: Waiver of Sovereign Immunity: Waives sovereign immunity for vicarious liability of state or any of its agencies & subdivisions when employee is operating motor vehicle outside course & scope of employment. 03/21/01 Introduced, referred to Governmental Oversight and Productivity; Comprehensive Planning, Local and. Military Affairs; Judiciary; Appropriations Subcommittee on General Government; Appropriations. TO: CC: FROM: RE: DATE: MEMORANDUM Mayor and City Commissioners Kurt Bressner, City Manager James A. Cherof, City Attorney Motions to Reconsider March 2, 2001 VI-CITY MANAGER'S REPORT ITEM B. I am suggesting revisions, as shown below, to the following section of the Land · Development Regulation to clarify the reconsideration process as it relates to quasi- judicial matters. The Commission might wish to consider a broader reconsideration rule to cover all matters disposed of by motion in light of the current restrictions imposed by Resolution R95250, which (in section lA) restricts a Commissioner's right to bring matters back which have been considered and not approved. Sec. 2-20. Quasi-judicial proceedings before city commission or city board; procedure for reconsideration of decision. (a) For the purpose of this section the term "quasi-judicial proceeding" shall mean hearings before the City Commission or Planning and Development Board ir. '"'-~c~ :,t:.c~ aF~c,-::~::.i.~. :a c~c. mi::.c a::.~ c.~,cc cxamlr.c '~'~"cccc~c ~-'~ :~ and limited to the following specific types of proceedings: (1) Variances; (2) Rezonings; (3) Appeals from administrative decisions of the building official or the planning director; (4) Master plan approvals; (5) Site plan approvals; (6) Modifications of site plans. J:",SHRDA FA\CA ~COMlVlXmouons to recons~det.docJ.~; Mayor and City Commission March 2, 2001 Page 2 (-0)(3) The Ceity Ceommission may reconsider its decision arising frqm a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or upon written request of the mayor, the vice-mayor, or any single commissioner filed with the Ceity Celerlq provided such written request is made no later than 12:00 noon on the third day following the Commission's decision of the quasi-judicial proceeding. No quasi-judicial decision shah be considered final until the expiration of the three (3) day time period without a motion to reconsider being made and the entry of a written order approved by the City Attorney and signed by the City Cleric In the event a request .for reconsideration is made pursuant to this subsection the applicant or affectedparty shah be notified in writing and such notice shall be hand delivered, sent by facsimile, or overnight delivery service. (c.). When a motion_for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public. No additional notice of the matter'shall be necessary. When a motion for reconsideration is made_following the close of the Commission meeting at which the decision is made, only the motion to reconsider shah be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the sub/ect of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shah be noticed in the same manner as the notice provided when the item was originally considered. (d) Any board may reconsider its decision arising from a quasi- judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (e) Reserved. 09 To the extent of any conflict between the procedures set forth herein and Robert's Rules of Procedure, the procedure set forth herein shah prevail. (Ord. No. 93-20, 3~3g 1--6, 8-3-93; Ord. No. 94-02, 3~3g 1--3, 2-1-94; Ord. No. 97- 32, .,s 1, 8-5-97) J:'xSHRDATA',CA\COMMa~notio~s to r~consider, docJ:~H?'D.'.TP2£A\COMM'..-::.~:-%--::.: t: RESOLUTION NO. R95 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING SPECIFIC PROCEDURAL RULES TO ADDRESS RECURRING ISSUES; AND PROVIDING AN EFFECTIVE DATE. W~R~A~, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of t~e citizens and residents of the City to adopt specific procedural rules =o address recurring issues. NOW, TB~t~POlt~, B~ IT E~SOLV~D BY T~ =ITT COMMISSION OF TH~ CZT~OP BOll~ON~, FLORIDA, TNAT~ ~ The City Commission of the City of Boyn=on Beach, Florida does hereby adopt the following procedural rules address recurring issues: A. The chair shall make rulings on p&rliamentary procedure. In order to overrule the chair, on issues of parliamentary procedure, a 3/5 vote of the commission shall be required. Motions to change the order of business shall require a majority vote of the Cc~mnission. Items under "Old Business' shall be items previously tabled or awaiting Commission action. A City Commissioner may not reintroduce an~ item on which a vote was taken andMhich failed within the six month period ~ollowing =hat vote, unless sither an emmrgencF exists and the public business requires its reconsideration, or a City Cc~/smionerwho was on the prevailing side of the prior City Commission vote, or by reason of absence, did not vote, introduces the discussion item for reconsideration. Motions to reconsider the vote on any quasi- judicial decision of the City Commission shall bemadebythaMa~or or a Commissioner no latmr tha~ 12:00 noon on the third day following the Commission's decision. No quasi-judicial decision shall be considered final until the expiration of the t~xee day time period without a motion to reconsider being made and ~he entry o£ an wxitte~ordmr following the ad~ourmnent of any Ccnnission meeting and Vrio~ to the expiration of the three day time period specitied h_er. ein_~ha~l be in writingand ~iledwith the Cx~yCAers. B. This rule shall sugersede Kobar~'s Rules of Ord.r on any sub~.ct..p.cifically addressed herein. On an~ matters speci~icall~ a~ess~ ~ =his sec=ion, Rebel's Rules o~ Order s~11 prevail. ~ ~= =~s ResoLution s~ll b~ome effective i~iaCely u~n passage. PA~8~D AND ADOPTND =his ATTEST'. (Co~ora=e Seal) 3/30/9S day of ADril, 1995. CITY OF BOYNTON BEACH, FLORIDA V~ce Mayo ~ M~yor Pro .~em ' /~--/ e6~ssioner Ii DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center, PID APPLICANT'S AGENT: John T. Doogan ofAvirom & Associates, Inc. APPLICANT'S ADDRESS: 50 SW 2'd Avenue Suite 102, Boca Raton, FI 33432 DATE OF 'PUBLIC HEARING BEFORE CITY COMMISSION: 04/03/01 TYPE OF RELIEF SOUGHT: Abandonment of ingress, egress & utility easement LOCATION OF PROPERTY: Parcels 3-B and 3-C of Boynton Commerce Center, PID DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant XHAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other (' / City Clerk ~'xxxx//, .0'4 S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Cen"~er-~AN 2001\Development Order. doc "llililJll]li%%~ EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center File number: ABAN 01-001 Reference: Application to Abandonment with an February 5, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Con~rnents: NONE X Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments NONE : X BuIL[DING DIVISION Comments: NONE X PARI2S AND RECREATION Con ments: NONE X FORESTER/ENVIRONMENTALIST Comlments: NONE X PLANNING AND ZONING 1- New ingress-egress & utility easement to be recorded prior to final approval. X .ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Cominents: To be determined. O~4 t~_ MWR/pat \\CH~,IA~ ~ATA~I~ ning~ ~ ~\~ RO~ ~S~o~ton Commerce Center ABAI~t 200 l\conditions of approval.doc ORDINANCE NO. R01- ! ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF ALL THAT PORTION OF THE 65 FOOT INGRESS AND EGRESS EASEMENT, LYING BETWEEN PARCEL 3B AND 3C, BOYNTON COMMERCE CENTER; BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE 'RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, John T. Doogan and Avirom & Associates, Inc., agent for Nayrot Realty, Ltd., a Florida Limited Partnership, has requested the abandonment of all that portion of the 65 foot ingress and egress easement, lying between Parcel 3B and 3C. Boynton Commerce Center; and WHEREAS, comments have been solicited from the appropriate Citv Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon all that portion of the 65 foot Ingress and Egress Easement, lying between Parcel 3B and 3C, Boynton Commerce Center, and more particularly described herein as Exhibit "A", subject to staff and utilitw- company comments. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. Fn~ST READING this 1~ day of 200~. SECOND, FINAL READING AND PASSAGE THIS 2001. day of CiTY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner City Clerk s:ea\Ordinances~,bandonment~Boynton Commerce Center EXHIBIT "A" All that portion of the 65 ' Ingress & Egress Easement, lying between Parcel 3B and 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 45, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a all that portion of the 65 foot ingress and egress easement lying between parcels 3B and 3C, Boynton Commerce Center, more particularly described herein as Exhibit "A". IN WITNESS WItEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of ., 2001. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Interim City Clerk Gerald Broening, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH ) )SS: ) BEFORE ME, the undersigned authority, personally appeared GERALD Broening and JANET PRAINITO, Mayor and Interim City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of ,2001. S:caklisclaimerkBoynt on Commerce Center NOTARY PUBLIC, State of Florida My Commission Expires: EXHIBIT "A" All that portion of the 65 ' Ingress & Egress Easement, lying between Parcel 3B and 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 45, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DuFour Variance Michael DuFour 926 SW 38th Ct., Boynton Beach, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 1, 2001 TYPE OF RELIEF SOUGHT: LOCA DRAlf appes findinc Relief of City of Boynton Beach Land Development Regulations. TION OF PROPERTY: 926 SW 38th Ct. lING(S): SEE EXHIBIT "B and C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ring on the Consent Agenda on the date above. The City Commission hereby adopts the s and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 8ought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant XHAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: ~CH~M~IN~SHRDATA~Planning~S~RED~WP~PROJECTS~DuF~adanceDevelop Order 5-1-01 .doc EXHIBIT "C" Conditions of Approval Proj ec~ name: Dufour Variance File number: ZNCV 01-006 Ref~er~ce: Zoning Code Variance DEPARTMENTS INCLUDE REJECT PUBLIC WO S C mm o ents' NONE X UTII ,ITIES Corn ~ents: NONE X FiRE Comments: NONE X POLICE comments: NONE X ENGINEERING DIVISION Comments: NONE X BUI] ~DING DIVISION Cm aments: NONE X pARKs AND RECREATION comments: NONE X FORESTER/ENVIRONMENTALIST comments: NONE X PLANNING AND ZONING Comments' NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS cOMMENTS: 1. Proposed seawall must be within two (2) feet of existing seawall at eastern X most point. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. If necessary, obtain approval for construction of seawall in easement. X ADDITIONAL CITY COMMISSION CONDITIONS ~14~- ~ Comments: 1. To be determined. MWR/pat J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. OF APPROVAL DuFour 04-24-01.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Park Lot 17 APPLICANT'S AGENT: Michael Sipula (Arch) c/o JMS Design APPLICANT'S ADDRESS: 1072A Newport Center Drive, Deerfield Beach Florida 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 01, 2001 TYPE OF RELIEF SOUGHT: Request for site plan approval to construct a 16,980 office/warehouse on 1.2665 acres LOCATION OF PROPERTY: Lot 17, Block 2, High Ridge Commerce Park P.I.D. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. square foot X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appea~-ing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief §ought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant XHAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby XGRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. .×x~~.~' ~ ?~t///// 7. Other '~ ...... ;~¢~'7~ DATED: E-~-ol ~ 7~- F~ ~? ~, / / ] C~ty Clerk ~- EXHIBIT Conditions of Approval Project name: High Ridge Commerce Park Lot 17 File number: NWSP 01-002 Reference: 2nd review plans identified as New Site Plan. File # 01-002 with a April 03, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PuBLIc WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Cominents: NONE X UTILITIES comments: NONE X FIRE comments: 1. 4ccess roads and hydrants must be in place prior to above grade construction. X NFPA 1 POL~ CE Comments: NONE X ENGINEERING DIVISION Comments: 2. l~rovide topography o£the adjacent lands and dePict the finished grades between X the proposed development and twenty-five (25) feet into the abutting properties. 3. Specify a six (6) inch thick sidewalk through the driveway. X BUILDING DIVISION comments: 4. Adtddi;laat>baeled symbol to the site plan drawing that identifies the location of the k[tn' p ccessible parking spaces. The quantity of the spaces shall be X consistent with the regulations specified in the Florida Accessibility Code for l~Uilding Construction. The accessible parking spaces that serve a use shall be cated on the shortest safely accessible route of travel from adjacent parking to accessible entrance. The Florida Accessibility Code for Building Construction states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible e~trance. Florida Accessibility Code for Building Construction, Section 4~1.2(5), 4 3, 4 6 (See attached Figure for Parking Space Dimensions and Conditions of Approval.doc 05/14/01 2 DEPARTMENTS INCLUDE ] REJECT Design.) The dimensions and design of the accessible parking spaces shall comply with the Florida Accessibility Code for Building Construction Sec. 4.6.3 .a~...d. Figure 9 (a). Dimensions shall be measured center to center of the required 4" blue stripes for the accessible spaces and the access aisle. 5. ~t time of permit review, submit signed and sealed working drawings of the X proposed constmcfion. 6. Xt time of permit review, submit for review an addressing plan for the project. X PAR~S AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments NONE X pLANNING AND ZONING Comments: 7. fhe landscape plan shall indicate existing natural feature, including but not X hmited to lakes, trees, and other vegetation. It should also include the location O . fthe pine trees to be removed. 8. Staff recommends that the Live Oak trees proposed in the 25-foot perimeter X landscape buffer be substituted with Sweet Mahogany trees in order to be qonsiStent with the trees planted in the perimeter landscape buffer on the surrounding proPerties. 9. Delete the note that refers to the monument sign in the Materials and Color X Schedule on page A.2. 10. The dumpster enclosure shall be screened with appropriate hedge material on X t~r~e (3) sidesl Provide accent shrubs along the screen walls (Chapter 7.5, Article II, Section 1.J). The dumpster will be moved to meet {his condition. ADEilTIONAL PLANNING AND DEVELOPMENT BOARDS CONDITIONS 11. Conunents: NONE X ADDITIONAL CITY COMMISSION CONDITIONS 12. {~grn~tenC~:ltd. ition #8 thereby allowing Live Oak species to be placed in peripheral. X 13. Replace Dwarf Scheffiera with native hedge species. X MWR/pat J:\SHRDAT~t~PLANNING\SIIAI~D\WPXPROJECTS\QUANTUM ALL HIGH RIDGE COIvlI~LERCE PARK FOLDER$\QUAN~JM HIGH RIDGE COMMERCE PARK LOT 17~COND1TIONS OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Outpatient Center of Boynton Beach LTD APPLICANT'S AGENT: Terry Metts/Petra Builders APPLICANT'S ADDRESS: 2351 S. Seacrest Ave. Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 01,2001 TYPE OF RELIEF SOUGHT: Request for approval of a major site plan modification to construct a 2,900 medical office building on 0.72 acres. LOCATION OF PROPERTY: 2401 S. Seacrest Ave., Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appea~_ing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X_ _HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other .~ City Clerk \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Outpati ter of Boynton Beach\Develop Order for EXHIBIT "C" Revised Conditions of Approval Project name: Outpatient Center of Boynton File number: MSPM 00-004 Reference: 2nd Review plans identified as Maior Site Plan Modification. File # MSPM 00-004 with an April 06, 2001 Plannin~ and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - GENERAL comments: / 1. I}tis recommended that solid waste pick -up be via curbside pick-up, since X the site is not compatible for dumpster pick-up service PUBLIC WORKS - TRAFFIC Comments: NONE X UTILITIES Comments: NONE X FIRE Comments' 2. A fzre hydrant flow test is required prior to issuance of a building permit. X LDR 6-16 ! 3. No above grade construction is allowed prior to fire hydrant installation. X POLICE Comments: ! 4. Xt time of permit review please provide a photometric study. X ~.ecommended footcandles are as follows: Building Entrances and Exits- 5- 8 footcandles; Parking Lots (surface) 3-5 footcandles. 5. Indicate on the site plan, the type of lamp (i.e. High Pressure Sodium, Metal, X I~alide, etc.) to be used, as well as, wattage and type of fixture on the site p~arL ENGINEERING DIVISION Comments: 6. Prowde sufficient elevations along the abutting residential parcels to X determine final grade differences. 7. Engineering Department approval is required for any placement of trees in Conditions of Approvals 2 04/24/01 DEPARTMENTS INCLUDE REJECT the utility easement. 8. Replace any large canopy trees adjacent to light fixtures to eliminate future X shadowing on tl~e parking surface. 9. As a concession to allow the three (3) parking spaces to remain across from X t he driveway, the following revisions are required: ]. Relocate the H/C accessible path from the sidewalk over to the other H/C space. 2. Relocate the stop sign and stop bar four (4) feet behind the new H/C accessible path. This will require vehicles to stop just before the back- up area for the three (3) parking spaces. 3- Install post signs reserving the two regular spaces for the two doctors. 10. ~how on the plan that vehicles can make the U-turn into the site from the X Outside southbound lane of Seacrest Blvd.. 11. Recommend that the speed bump be eliminated. The stop sign and X crosswalk are sufficient to slow traffic in that area. BUILDING DIVISION Comments: 12..~~dd to the building that is depicted on the drawing titled site plan a labeled X symbol that identifies the location of the handicap accessible entrance doors to the building. Florida Accessibility Code for Building Construction, Section 4.1.2, 4 3. 13. ~,n the floor plan drawing, add a labeled symbol that identifies the location X o~ the handicap accessible entrance doors to the building. The location of ~e doors shall match the location of the accessible entrance doors that are dffpicted on the site plan drawing. Florida Accessibility Code for Building {~onstmction, Section 4.1.2, 4.3. 14. ~dd a labeled symbol to the site plan drawing that identifies the location of X the handicap accessible parking spaces. The quantity of the spaces shall be cOnsistent with the regulations specified in the Florida Accessibility Code for Building Construction. The accessible parking in spaces that serve a use sl ~all be located on the shortest safely accessible route of travel from a, tjacent parking to an accessible entrance. The Florida Accessibility Code fi ~r Building Construction states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closet tc~ the accessible entrance. Location of handicapped parking spaces 6n landscape and site plans shall correlate. Florida Accessibility Code for Bj~ilding Construction, Section 4.1.2(5), 4.3, 4.6. 15. AJdd a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible entrance doors to the building. The X Conditions of Approvals 3 04/24/01 DEPARTMENTS INCLUDE REJECT symbol shall start at the accessible parking spaces and terminate at the oCCessible entrance doors to the building. The symbol shall represent the cation of the path of travel, not the location ot~ the detectable warning or other pavemen~ markings that are required to be installed along the pa[h. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan l he width of the accessible ronte. (Note: The minimum width required by 1 he code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 {Parking and paSsenger Loading Zones) Of the Florida Accessibility code for l~uilding Construction. Please note that at time of Permit review, the applicant shall provide detailed documentation on ~e plans that will verify that the accessible route is in compliance with-the regulations specified in the Florida Accessibility Code for Building ConstruCtion. This documentation shall include, but not limited to, providing finish grade ~levations along the path of travel. Site plan shows two new handicap 1~arking spaces and removal of one existing handicap space. Parking data hows one existing and one proposed. Plan and data shall correlate. 1 6. I~tentify within the site data the finish floor elevation (lowest floor ~levation) that is proposed for the building. Verify that the proposed ~levation is in compliance with regulations of the ~ode by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the Boynton Beach Amendments to the 1997 edition 6f the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawing titled floor plan. s r ulr ' 17. 4t eq ' ed by Chapter 4, Section 7 of the Land Development Regulations, X s~tbmit a current survey of the subject property. Survey shall be signed, sealed and dated by a licensed land surveyor. 18. At time of permit submittal, provide a cost breakdown by: site work; water X and sewer; paving and drainage; building, etc. PARKS AND RECREATION Comments: 19. l~rovide notes on plan to advise the contractor to contact the Parks Division X prior to any construction activity to avoid disturbing any irrigation lines in the Seacrest Boulevard or Golf Road rights-of-way. Conditions of Approvals 4 04/24/01 DEPARTMENTS INCLUDE REJECT FOReSTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING comments: 20. ~orrect dimensions on the parking space detail for regular spaces with X [imensions in conformance with City Standards drawing No. B-90012. ]'rovide a detail for the required handicap sign. 21. l[evise plant list on landscape plan to melaluca mulch as indicated in the X landscape notes. Cypress mulch is not permitted. (Ch. 7.5) 22. Applicant needs to submit a letter to the Utilities Department requesting X t'ermission to use the City Water for irrigation purposes. Water fees will be ¢ harged. 23. !rlentify facade materials on the elevation drawings. Provide manufactures X r.umber and name for roof tile colors. 24. I:lentify the location of the loading space on the site plan. (Chap. 2, Sec. X 1 1.J) Or provide letter restricting size of dehvery vehicles to fit standard 1: arking stall. 25. l:}rovide a site lighting fixture detail. (Chapter 6, Sec. 10.B) X 26.1~o signs were provided with the submittal. All proposed site signs must be X s~own on the plans for approval. Signs not shown on the plans will require separate approval by the Planning and Development Board. (Chapter 21) 27. I,abel and dimension required landscape buffers on the site plan and X landscape plan. (Chapter 7.5) 28. ~rees shall be a minimum of 12 feet high with a three (3) inch caliper at X time of planting. Revise plant list to reflect this requirement 29. ight-of-way buffer landscape materials shall be planted as required by Ch. X 7t5, Art. II, Sec. 5.D. The plantings shall be done in layers, beginning with colorful shrubs and groundcover closest to the right-of-way, with a hedge and trees placed behind that close to the project vehicular use areas. 30. A, 2.5 foot buffer is required along the south and west property line with X plantings as required by Ch. 7.5, Art. II, Sec. 5.E. Where a commercial property abuts a residential area a five (5) foot buffer is required adjacent to the vehicular use areas. 31. ~ minimum of one (1) interior tree is required for every 10 parking spaces. X Conditions of Approvals 5 04/25/01 DEPARTMENTS INCLUDE REJECT Indicate compliance with this requirement on the landscape plan. (Chapter 7.5) 32. q 2ac project entrance must be landscaped in accordance with Ch. 7.5, Art. II, X ~ cc. 5.N. Include colorful groundcover, shrubs, and signature tree as r ~quired. I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ~os~ ~. ~o~ss~o~ ~oN~mO~S ~O.~ 34. X To be determined. MWR/pat \\CH~AIN',SHRDATA\Planning\SHARED\WP\PROJECTS\Outpatient Center of Boynton Beach~,evised2 cond. of approval.doc BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk p/~ior to the start of the City Commission Meeting. Name >/~/~ '~ ,~ ~/ ' Address . Telephone # ~- · // Agenda #---- Summary of Matter to be ~r~s'~'-/~//L, ~/ /~///~ ~ ~ ~-~ -" / I~ a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services, where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING ~ PUBLIC COMMENT CARD AGENDA ITEMS../-' Fill in the information called for below and give to the City Cler~prior to the start of the City Commission Meeting. , , '/ Address ff~~ ~~__~~ / ~Telephone AEenda / - '- If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA Fill in the information called for below and give to Commission Meeting. Name Address Telephone # ~ ~ 6 ~- Summary of Matter to be Ad~~~// Clerk prior to the start of the City Agenda #. ~/'~' ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need- to ensure that a verbatim record of the proceedin§s is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561] 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name t~~ Address ~ ~ Telephone ~ ~ Summary of Matter to be Ad~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (551) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSIONMEETING PUBLIC COMMENT CARD F. OR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~~ '~' ~]~/~~ Address ~~ /Y ~- ~I/ Telephone: ~~--0~~ ' . Summa~ of Matter to be AddrC~~/~q ~ ~/~ ~ ~-~~ ~~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity'in order for the city to reasonably accommodate your request. ~ BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee~f ~ Name ~' . ~~ (, ~/' ~_~///~zL<::~ /,'"" ' Address ~/~ ~'Y ~~r Telephone # Summary of Matter to be If a person decides to appeal any decision made by the City Commission with respect to any matter considered at ' meting, he/she will need a record of the proceedings andy for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record include~ the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {551} 742~6013 at least twenty-four hours prior to the program or activity, in order for the city to reasonably accommodate your request. /~'~~ BOYNTON BEACH CITY COMMISSION MEETING ( .~//) PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City_ Celerk____~~prior~the start of ~ City C o m m issio n M e etin g.~ Address ~~ Tele'~hone~ '~~ ~~~~ ' Summary of Matter to be ~ ,ddressed wffi need a record of the proceed~gs and, for such purpose, he/she may need to ensue that a verbatim record of the proceedin[s is made, which record ~cludes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City sha~ furnish appropriate a~ia~ aids and ser~ces where necessa~ to afford an individ~l with a disability an equal oppo~unity to pa~icipate in and enjoy the benefits of a se~ce, pro[ram, or acti~ conducted by the City. Please contact Joyce Coste~o, ~561] 742~6013 at least twenty-four ho~s prior to the program or acti~ty in order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name /~ff~ ~ l/ ~ ~ /I ! J~ ~.~ .~ f Address Telephone # Summary of Matter to be A~dressed/~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity'in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # ~ ~ ~'' --~ ~ ~' Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the p~oceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Meeting Minutes Regular City Commission Boynton Beach, Florida May 1, 2001 D, 2I High Ridge Commerce Park Lot 17- 160 Commerce Road, High Ridge Commerce Park P]:D - Request for site plan approval to construct a 55,171 square foot office/warehouse on 1.27 acres Mr. Mike Fitzpatrick, 101 SW 4th Avenue, Boynton Beach said he voted against this item as a member of the Planning and Development Board because the developer wanted to plant Live Oaks and staff requested Sweet Mahogany. Mr. Fitzpatrick felt that Sweet Mahogany requires too much watering, once Live Oaks become established, they need no watering, Mr. Fitzpatrick noted that staff informed him that they were requesting Sweet Mahogany because the project next door already had Sweet Mahogany and staff wished to continue the landscape scheme. Mr. Fitzpatrick requested that the Commission permit the developer to use the Live Oak as originally requested. Mr. Rumpf responded that Sweet Mahogany is on the approved master plan for landscaping buffers. To amend this would require amending the master plan, which he said is possible. With regard to Sweet Mahogany versus Live Oak, he stated Sweet Mahogany is more wet tolerant, but does not require that much water and is merely more capable of existing in a wet environment. Vice Mayor Weiland questioned why Dwarf Shefflera was included on the permitted list. Motion Vice Mayor Weiland moved to direct staff to change the wording to permit Live Oaks versus Sweet Mahogany and whatever other species would be appropriate. Motion Commissioner Fisher moved to table the item to allow staff time to determine what needs to be done to the master plan. Mr. Rumpf pointed out that Sweet Mahogany has already been planted on several parcels on the south side. Mr. Bressner inquired if tabling the item would impact the developer's schedule? Mr. Rumpf replied that the developer is ready to go to construction. Mr. Bressner requested that staff be authorized to issue the permit and the Commission would have conditional approval of resolving these items. Vice Mayor Weiland amended his motion to include Mr. Bressner's statements that staff be authorized to issue the permit and that the Commission would have conditional approval of resolving these items. MOtion seconded by Commissioner Fisher.