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Minutes 05-15-01 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH FLORIDA ON TUESDAY, MAY 15, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Mayor Gerald Broening Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland Mayor Broening called the meeting to order at 6:35 p.m. and offered an invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Weiland. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME E. Agenda Approval: Mayor Broening announced that Item Xll. Old Business, Review of Applications for City Commissioner for District II, had been moved up on the Agenda to directly follow the Consent Agenda. There were no additions, corrections, or deletions to_the agenda. Vice Mayor Weiland moved to accept the agenda as written; however, he wished to make a change to the minutes of the May 1, 2001 City Commission meeting. He stated that on Page 12, third line from the bottom, it should read Commissioner Ferguson voted nay instead of Commissioner Fisher. Vice Mayor Weiland stated that while the minutes of the meeting recorded what happened (with the previous exception), they did not reflect the tenor of the meeting, which had been acrimonious. Vice Mayor Weiland called on all the Commissioners and audience to be careful in their choice of Words and to respect the dignity of all concerned. He called on all to display a high standard of decorum during the meeting. Commissioner Fisher seconded the motion to approve the agenda and the amendment to the minutes. The motion carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 I1. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss, 1711 Wood Fern, Boynton Beach, spoke of the overcrowding at the West Palm Beach Library and hoped that with all the apartments being built, the same would not happen with the Boynton Beach Library. Mr. Suss called for the expansion of the library. Mr. Suss also praised the City's golf course, restaurant, and staff, commending them for their attention to pleasing the customer. He went there often for mini vacations and recommended it to one and all, He also praised the other City Departments who could be counted on to answer questions and bring satisfaction to inquiring citizens. Mayor Broening closed the public audience. III. ADMINISTRATIVE: A. Accept resignation of Betty Boroni, Regular member of the Library Board Motion Commissioner Ferguson moved to accept the resignation of Betty Boroni, Regular member of the Library Board. Vice Mayor Weiland seconded the motion that carried unanimously. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II Vacant Children & Youth Advisory Bd Alt I yr term to 4/02(Tabled-3) IV Fisher Children & Youth Advisory Bd S/R/V* 1 yr term to 4/02(Tabled-3) I Weiland Children & Youth Advisory Bd S/R/NV* 1 yr term to 4/02(Tabled-3) II Vacant Children & Youth Advisory Bd Alt 1 yr term to 4/02 II Vacant Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04(Tabled-3) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/02(Tabled-3) ill Ferguson IV Fisher Cemetery Board Alt 1 yr term to 4/02(Tabled-3) Code Compliance Board Alt 1 yr term to 4/02(Tabled-3) II Vacant Nuisance Abatement Board Reg 2 yr term to 4/03(Tabled-3) IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/02Tabled-3) Mayor Broening Recreation & Parks Board Alt 1 yr term to 4/02(Tabled-3) II Vacant Library Board Reg 3 yr term to 4/04(Tabled-3) III Ferguson Library Board Reg 3 yr term to 4/02 II Vacant Education Advisory Board Reg 2 yr term to 4/03(Tabled-3) I Weiland Education Advisory Board Alt I yr term to 4/02(Tabled-3) II Vacant Education Advisory Board Stu Iyr term to 4/02(Tabled-3) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 IV Fisher Senior Advisory Board Reg II Vacant Senior Advisory Board Reg IV Fisher Senior Advisory Board Alt 2 yr term to 4/03(Tabled-3) 2 yr term to 4103(Tabled-3) 1 yr term to 4/02(Tabled-3) *SRV = Student/RegularNoting *SRV = Student/ReguladNon-Voting Commissioner Fisher appointed Dick Lambert as an Alternate member of the Code Compliance Board. Vice Mayor Weiland tabled his three appointments. Commissioner Ferguson appointed John Tineri as an Alternate member of the Cemetery Board with a one-year appointment. He tabled his other appointment. Mayor Broening asked to appoint James McMahon as an Alternate to the Parks & Recreation Board. There was some question as to whether he had already been appointed and Mayor Broening opted to at least nominate him in any case. Motion Commissioner Fisher moved to approve the appointments. Commissioner Ferguson seconded the motion that carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. "2nd Annual Amnesty Vegetation Week" - May 21 - May 25, 2001 Jeffrey Livergood, Public Works Director, explained that in preparation for the hurricane season, homeowners could put an unlimited amount of vegetation at the curb for free pickup by the City. He stated that the size limitations still applied; i.e., not to exceed four feet in length or four inches in diameter. He mentioned that the program was for residential properties only. Mr. Livergood encouraged residents to take advantage of the program, saying "Don't delay - trim today". Community Meeting to discuss residential water issues - 6:30 p.m. on Wednesday, May 16, 2001 at Rolling Green Elementary School Mayor Broening announced a community meeting to discuss residential water issues. Commissioner Fisher said that this was the second meeting where citizens could discuss standing water issues. Citizens from all Districts who lived within the City limits could attend. The problems could be of a residential or commercial nature. The Utilities Department was to be there so they could document problems and consider solutions. B. Presentations: 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 1. Proclamations: a. "National Safe Boating Week"- May 19 - May 25, 2001 Mayor Broening read the proclamation and called on all citizens to "Boat Smart from the Start". The Proclamation was to be delivered to the Coast Guard. b. "National Public Works Week"- May 20 - May 26, 2001 Mayor Broening read the Proclamation, which recognized the positive improvements public works employees had made to our community. The theme was "Working in the Public Interest". Mayor Broening presented the Proclamation to Jeffrey Livergood, Public Works Director. Boynton Veterans Council "Memorial Day Celebration - May 27, 2001 Mayor Broening read the Proclamation and presented it to Bob Zimmerman, Commander of the VFW Legion Post No. 10150. Mr. Zimmerman noted that we all owed a great debt of gratitude to those who lost their lives that we may live in freedom. d. "Stand for Children Day" - June 1, 2001 - Presented to representative of Advisory Board on Children & Youth Mayor Broening read the Proclamation and presented it to Ms. Lori Wilkinson and Ms. Hattie Miller, who accepted the Proclamation with thanks on behalf of the Advisory Board on Children & Youth. Ms. Wilkinson said that the Advisory Board on Children & Youth was involved ~n many things and invited all those in attendance to join them at their Board meetings and events throughout the year. Ms. Miller encouraged all the children to participate in their Volunteer program and said that Sherri Claude at City Hall had the information. Presentation of "Great Floridian 2000" plaque to Mrs. Bernard Thomas - Presentation by Don Johnson, Building Official Don Johnson of the Building Department came to the podium and asked for Mrs. Bernard Thomas to come forward to accept the Great Floridian 2000 plaque from the Florida League of Cities that honored her husband, Bernard Preston Thomas, for his fine character age a host of accomplishments. Mr. Johnson recognized the children and grandchildren of Mr. and Mrs. Thomas who were present in the audience, as well as Charles Meade, a life-long friend. Mr. Meade shared some wonderful reminiscences about Mr. Thomas and gave a touching tribute to his life-long friend. Mrs. Betty Thomas is the Chairman of the Parks & Recreation Advisory Board for the City and accepted the plaque that will be housed in the Women's Club as a memorial to Mr. Thomas. Examples of Mr. Thomas' outstanding artwork were displayed in the Chambers for the edification and pleasure of all. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Presentation of donation to Jean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation on behalf of The Links at Boynton Beach, The Ladies Golf Association and the players- Joe Sciortino, Golf Director Mr. Sciortino shared the moving story of the life and death of Susan G. Komen with the audience. He then presented Ms. Jean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation, with a check for $6,425.16 that was raised at a charity golf tournament co-sponsored by the City Golf Course and the Ladies Golf Association. Ms. Wicken accepted the donation on behalf of all the women who would benefit from the very generous donation and gave sincere thanks for all the hard work that had gone into the tournament. She sincerely thanked all that participated and said she looked forward to next year's tournament. Mr. Sciortino also presented Richard Novack, one of the Golf Directors who helped organize the charity golf tournament, with a Certificate of Appreciation in recognition of his coordination of the event. Mr. Novack said that the tournament had been a success due to the talent and the teamwork of everyone but especially Dan Hager, Freda DeFosse, and Mr. Mark Pyne of the City sign shop who had been especially helpful to the project. Presentation of Certificates to Stephanie Barborini and Greg Shore, students at St. Mark School, for submitting the winning entries in the "Name Pond B" contest - Presented by Vice Mayor Ron Weiland Vice Mayor Weiland presented Certificates to Stephanie Barborini and Greg Shore, students from St. Mark's School, for submitting the winning entries in the "Name Pond B" contest. Vice Mayor Weiland explained that "Pond B" was the big hole behind the Boynton Beach Plaza on Federal Highway that was destined to contain stormwater runoff for cleansing before being released to the Intracoastal. The names the two youngsters submitted were combined into the winning name, "Mangrove Walk at the Marina". Vice Mayor Weiland thanked the students for the new name on behalf of the City of Boynton Beach. V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, 'with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Special City Commission Meeting of April 23, 2001 Agenda Preview Conference of April 26, 2001 Regular City Commission Meeting of May 1,2001 Bids - Recommend Approval- All expenditures are approved in the 2000-2001 Adopted Budget Award "ANNUAL CONTRACT FOR SECURITY OFFICER SERVICE FOR THE EZELL HESTER JR. COMMUNITY CENTER, THE PUBLIC LIBRARY AND THE SCHOOLHOUSE MUSEUM", BID #051-2710- MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 01/CJD, to Safeguard Group Holdings Ltd., in the amount of $693 per week Vice Mayor Weiland removed this item for discussion. Award "INSTALLATION OF FLOORING SYSTEM IN VEHICLE BAY AREAS FOR THE CITY OF BOYNTON BEACH'S THREE (3) FIRE STATIONS", BID #049-2413-01/KR, to Dura Floor, d/b/a Dura Bond Company, in the amount of $37,485 (PROPOSED RESOLUTION NO. ROI-la3) Award "PUBLIC WORKS FUEL ISLAND UPGRADES", BID #046-2413- 01/KR, to Glasgow Equipment Service, Inc. in the amount of $67,036.24 (PROPOSED RESOLUTION NO. R01-~84) Award "CO-OP BULK QUICKLIME", BID #052-2821-01/KR to Dravo Lime, Inc., Longview Operation, Alabama, in the amount of $1,407,000 with an estimated annual expenditure of $126,000 for the City of Boynton Beach Utility Department C. Resolutions: Proposed Resolution No. R01-185 Re: Approving a Medtronic Physiocontrol Technical Support Service Agreement for cardiac monitor units Proposed Resolution No. R01-186 Re: Execution of contract between the Florida East Coast Railway and the City of Boynton Beach for Sale & Purchase of Lots 8 & 9, Block 1 Vice Mayor Weiland removed this item for discussion. Proposed Resolution No. R0'1-187 Re: Authorizing the Mayor to sign two street lighting agreements with FPL for Gateway Boulevard- Seacrest Boulevard to US #1 Proposed Resolution No. R01-188 Re: Authorizing the execution of an agreement between the City of Boynton Beach and Palm Beach county providing for the satisfaction of the City's connection fees and capital facilities charges by Palm Beach County on behalf of those residents of Tucks Road so electing Vice Mayor Weiland removed this item for discussion. Proposed Resolution No. R01-189 Re: Approving a reduction in surety for the project known as Sterling Records Management from $85,030 down to $4,250 and return the amount of $80,780 to the project's developer MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Proposed Resolution No. R01-190 Re: Approving the release of the remaining surety on the Hills of Lake Eden subdivision ($19,350), the approval of the subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City Since a public comment card had been filled out for this item, Mayor Broening removed it for discussion. Proposed Resolution No. R01-191 Re: Approving the Department of Community Affairs grant award contract for the pumhase of an emergency AM radio system to provide emergency notification and information to all citizens and visitors of the City Proposed Resolution No. R01-192 Re: Approving the release of a Letter of Credit in the amount of $42,000 for Eastridge ~n exchange for a bill of sale to the sewer system that is free of all liens and a cash bond or letter of credit in the amount of $4,200 D. Ratification of Planning & Development Board Action: None E. Ratification of Community Redevelopment Agency action: Zuhair Marouf - Lot Size Variance - Request relief from Land Development Regulations Chapter 2, Zoning Sec. 6.C.3. to allow development of a car wash facility on a 9,908 square foot parcel in lieu of the 15,000 square foot minimum lot area required by the C-3 Zoning district regulations Commissioner Fisher removed this item for discussion. Approve the purchase of 10 Automatic External Defibrillators (AED) from Medtronic PhysioControl in the amount of $17,500 funded by an American Heart Association grant Approve $80,000 of S.H.I.P. funds in assistance to Robust Development Company for the purpose of site development of the Eastddge Parcel located at NE 4th Street Motion Commissioner Ferguson moved to accept the Consent Agenda as amended. Commissioner Fisher seconded the motion that passed unanimously. V-B.1 Annual Security Contract for Security Officer Service for the Ezell Hester Jr. Community Center, the Public Library, and the Schoolhouse Museum. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland questioned the necessity of a Security Officer for the Schoolhouse Museum since it was not yet opened. Ms. Virginia Farace, Library Director, came forward and explained that they were not asking for greater coverage than they already had and that it was a matter of semantics. The Agenda Item should probably have read "...Ezell Hester Jr. Community Center, the Public Library, and the campus between the Library and the Schoolhouse Museum .... "She said there was one Security Officer who covered both buildings and also patrolled the area outside between the Library and the Museum. Vice Mayor Weiland said that was not readily apparent in reading the backup and Ms. Farace agreed. Motion Commissioner Fisher moved to accept Agenda Item V-B.1. Commissioner Ferguson seconded the motion that passed unanimously. V-C.2 Proposed Resolution R01-186 authorizing execution of a Purchase and Sale Agreement between the City of Boynton Beach and Florida East Coast Railway for Lots 8 and 9. City Manager Bressner distributed an aerial photo of the property to the Commissioners and Mayor. Vice Mayor Weiland remarked that his original question had been answered. Motion Vice Mayor Weiland moved to approve Agenda Item V-C.2. Commissioner Fisher seconded the motion that carried unanimously. V-C.4 Proposed Resolution R01-188 authorizing the execution of an agreement between the City of Boynton Beach and Palm Beach County providing for the satisfaction of the City's connection fees and capital facilities charges by Palm Beach County on behalf of those residents of Tucks Road so electing Vice Mayor Weiland said he did not understand what drove this project and wanted some comments from staff about why this Road got water when Coelebs, Edgar, and three other streets to the south had been begging for Boynton Beach water for the last fifteen years? It appeared that Tucks Road was getting preferential treatment. As a Commissioner he needed to explain to the people on the other roads, who had approached him several times over the past two and a half years, when they would be receiving Boynton Beach water. It appeared from the backup that 100% participation of the homeowners was not required. Vice Mayor Weiland realized that this would be more revenue that the City would receive and was not refusing to approve the Resolution. Pete Mazella, Assistant to the Utilities Director, said Tucks Road was in a slightly different situation than the other roads mentioned by Vice Mayor Weiland. It is bound on the west by Lawrence Road, which has City water. It is bounded on the east by part of the Barwood subdivision which has City water and City sewer in it. Stubouts were provided for future connections to Tucks Road. This made installing the infrastructure on Tucks Road much easier. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Tucks Road is also a much shorter road than Coelebs and the others. It was his understanding that the County was still trying to build a consensus on some of the other roads where residents did not agree about having the water. Some did not want to pay for the infrastructure and improvements along the whole road. The other streets are much longer and would be more of an engineering challenge to put water into. Tucks Road was a project that was ready to happen, primed by the construction of Barwood. Vice Mayor Weiland understood what Mr. Mazella said but also said that the County might have to run pipe % of a mile to the south on Barwick Road and east on each street. The backup stated that Tucks Road did not have to have 100% participation. If pipes were run south on Lawrence Road, east on each one of these streets, all the way to the end of the street, people could sign up or not as they saw fit, just like on Tucks. He still did not understand. He said there was water going to Cypress Creek that was due west of those five streets and just due south of them and due north. Commissioner Fisher said that even if the City wanted to put water on those other streets, did the City have any right to do so without the County's intervention? Mr. Mazella said that the City had no taxing authority to assess those people. Commissioner Fisher said whether the City wanted to or not, they could not go in there because it was up to the County and Mr. Mazella agreed. If the County wanted to do the rest of those streets, would there be any reason the City would not partner with the County on those streets as well? Mr. Mazella said the City would be willing to connect the other streets but clarified that whether the residents connected or not, everybody on the street was going to be assessed for the water improvements that crossed their frontage, regardless of their connection or lack thereof. Vice Mayor Weiland understood all of the aforesaid but still wanted to know why the County was "ponying up" for Tucks Road and not the other rOads in the area? He had been hearing complaints from area residents for fifteen years but never from Tucks Road. Mr. Mazella said he would get Vice Mayor Weiland an answer to his question. Motion Commissioner Fisher moved to approve Agenda Item V-C.4. seconded the motion th at carded.unanimously. Commissioner Ferguson C-6 Approve Resolution R01-190 releasing the remaining surety on the Hills of Lake Eden subdivision, the approval of the subdivision, the acceptance of the dedications, and the maintenance responsibilities of those improvements dedicated to the City. Stella Rossi, 625 Whispering Pines Road, Boynton Beach, said she was involved with the environment and with this subdivision since its inception in 1995. She thought there had been some clearing done on the site without a permit, and she did not know if there was a fine levied but she believed there was. She wondered if this had been satisfied? She was concerned about the release of surety in this regard. She also needed information about the continued maintenance of the two preservation areas. Mr. Bressner said he would have the Planning Department get back to Ms. Rossi with answers to her questions. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Motion Commissioner Fisher moved to approve Item V-C.6 pending the outcome of the request on payment of fines. Commissioner Ferguson seconded the motion that carried unanimously. V-E.1 Request to grant a variance of 5,092 square feet in order to construct a car wash on an existing property, Zuhair Marouf Commissioner Fisher asked how a car wash fit in with the recently completed study of the Federal Highway Corridor? Mike Rumpf, Planning and Zoning Director, said that the Corridor Plan contains some site specific but mostly general land use and zoning and design recommendations for the Corridor. The subject variance site is within the study's Planning Area No. 1, and there is specific language that emphasizes the residential uses and preservation of them. It specifically read, "provide strong residential base, aesthetically inviting areas. Those non-residential uses that are to be promoted shall be community serving versus heavy commercial, auto oriented and those which are not neighborhood-oriented .... "The report also implies that there is going to be a strong commercial/residential transition and speaks of development standards that will protect the residential areas against those commercial areas, which are going to front on the Federal Highway Corridor. As for implementation of it and in anticipation of what the zoning regulations would look like, it was= early but he would say that the zoning along Federal Highway would be changed to residential land uses so commercial zoning would be consistent. Their focus then would be on the car wash use itself. Mr. Rumpf continued, saying that a car wash use is auto-oriented and the car wash would not be promoted in that area if it were not for the gas station adjoining Federal Highway. The gas station is non-conforming but has been there many years. Unless it were to be redeveloped, the gas station was not likely to be going away. The review of staff focused on the merits of the variance from the hardship point of view. Commissioner Fisher said that the building that faced Federal Highway was non-conforming and questioned building another non-conforming use, a car wash, at the same place. Mr. Rumpf replied that the use itself would not be non-conforming unless the zoning code was changed to prohibit that type of use. Commissioner Fisher asked if they had the option of requesting no visibility of the car wash from Federal Highway? Mr. Rumpf said it did set back behind the gas station. Commissioner Fisher asked if no visibility from Federal Highway and screening landscaping could be put forth as a stipulation of approval? Mr. Cherof confirmed that the City could impose conditions on the granting of the variance. Commissioner Fisher stated that if the gas station got leveled next year, could the car wash be hidden from Federal Highway? Mr. Rumpf said he would recommend and was sure that the designer would place the structure the maximum distance from the single family homes, which would place it very close to the building, actually placing it up against the back of the Texaco station itself. He thought between that design and landscaping, it could be reasonably buffered. City Attorney Cherof said that if the Commission were contemplating that type of condition, he recommended tabling the matter until the next meeting to afford time for additional notice to adjacent property owners. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland noted that the owner of the property was present and he believed the car wash would be a moot point if the gas station were not there. From his understanding, this was not a full-service car wash but an automated one. Michael Weiner appeared on behalf of Steve Marouf, the owner of the gas station, and affirmed that it would be an automatic car wash. At the CRA Board meeting where the project was approved 4 to 3, they had already agreed to and placed on the record that there would be limitations. The limitations included meet or exceed all landscaping codes, that there would be no left turn signs and that it would be routed so that people could only come onto Federal Highway and not go back in the neighborhood, that there would be restrictions on the hours, that there would be a six foot privacy wall at the back, that there would be appropriate sound- deadening with the most efficient equipment, that the gas station would be operated separately from the car wash, and that the car wash would be automatic so there would be no queuing or waiting. He did not believe that additional conditions needed to be placed on the project since the conditions placed on the project by the CRA would survive and be part of the approval tonight. Jim Warnke, 617 Lakeside Harbor, stated that he lived about 500 feet away from the proposed car wash. He said he and his neighbors were not so much complaining about the noise from the boom boxes and the cars because it was zoned for use as a car wash. They were complaining about the variance from the 15,000 square feet that was required for this usage. The applicant is asking to put the application on a less than 10,000 square foot lot. He said there were 25 residents on Las Palmas and Lakeside Harbor who were against the car wash and asked if the Commissioners had received a copy of their petition? There were nods of assent. Mr. Warnke urged the Commissioners to vote against this variance. Andrew Place, Gateway Boulevard, Boynton Beach, said he had been a customer of the Gateway Texaco for many years. He said that in that time, he had seen the business transformed from what would have been a car repair shop into a gas station. Mr. Marouf had really turned it around and turned it into a gas/convenience store operation. He believed that based on Mr. Marouf's handling of the property thus far, he could be trusted to keep it well in the future and urged the Commissioners to grant the variance. Richard Zoeller, 649 Las Palmas Parkway, Boynton Beach, was in support of Mr. Warnke's comments. He wanted to know if the Planning & Zoning Department researched the rest of the City to find where other commercial enterprises were operating on less than the 15,000 square feet on C3 and if any were as small as 9,908 square feet like this property? Commercial use means traffic throughout the operating hours in and out. Las Palmas Parkway is a narrow, two- lane road, which services eleven homes, and at the end of it there is a cul de sac built up with very expensive homes on the water. Today, when you use the street to come and go, there was congestion at the Federal Highway intersection at the traffic light. Normally you could make a right turn on red if there were no cars coming on Federal. Now, because of cars coming out of the gas station and sitting on the line of the center of the road, there isn't room for two cars. Mr. Zoeller believed that the car wash would contribute to a significant increase in traffic. Terry Pereira, 7692 Colonial Lakes Drive, Boynton Beach, said he had been a customer of the gas station in question for many years and found the owner to be an honorable man who had made great improvements at the gas station. He had full confidence that what he proposed to do there he would do. He does intend for the car wash to be as unobtrusive as possible in 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 the community. The staff did recommend this variance being passed. They also said that regardless of what actually comes in there it would always have to have a variance. Why not grant the variance to the man who owns the property, and who has shown that his word is good? Vice Mayor Weiland noted that a lot of the zoning codes in the City were in need of redoing. This individual has shown that he is capable of providing the necessary landscaping and using the property correctly in accord with staff's requirements. He believed the difference in square footage was a mere technicality. Motion Vice Mayor Weiland moved to approve Item V-E.1. Commissioner Ferguson seconded the motion. Commissioner Fisher asked about the length of the line at the car wash. With a smaller lot as this request, how many cars could wait in line before it had an impact on the road by backing up into the roadway? Mr. Rumpf said this would be addressed at Site Plan approval. When pressed again by Commissioner Fisher about an estimate of the number of cars, Mr. Rumpf replied "from four to ten". Mayor Broening pointed out that the Commission was not being asked to approve the Site Plan, which would come before them at another time. The Commission was being asked to make a decision based upon the existing situation and there is a demonstrated hardship based on the way the property was zoned in the past. According to staff and the narrow vote of the CRA Board, that stands. It is up to the CommissiOn whether it wants to grant the variance for the size. The motion carried 4-0. A FIVE-MINUTE RECESS WAS DECLARED AT 8:05 P.M. AT 8:10 THE MEETING WAS RECONVENED. XII. UNFINISHED BUSINESS A. Review of applications for City Commissioner for District II Mayor Broening allowed the persons submitting cards to speak first. There were 15 cards and Mayor Broening stated that in the interests of time, the speeches would be limited to two minutes. If anyone noted that someone else had already said essentially the same thing that they were planning to say, Mayor Broening asked that they consider relinquishing their time. William Cwynar, 2701 S.W. 8th Street, Boynton Beach, said he had been a resident in Boynton Beach since 1974. Mr. Cwynar gave kudos to the Commission for the good job they were doing. With all the progress that was being made by the=current Commission, he did not think having to train someone was good for the City. He believed somebody was needed that had experience. He felt this was really necessary to keep the City moving. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Frank Lindsay, 2141 S.W. 15th Avenue, Boynton Beach, had lived in Boynton Beach for eight years and spoke on behalf of Mr. Katz. He had gotten to know Mr. Katz on the term limits issue years ago. He found that he had a great deal of integrity, tremendous knowledge about the City, and a great sense of fairness in all he did and spoke about. His previous term as a Commissioner gave him a great deal of experience and he thought this was essential at this time. He said some were trying to make it an issue of black against white and district against district and that was counterproductive to the best interests of the City. Single district voting is a great and good thing but he would hate to see any part of the City trying to compete with another on the terms previously mentioned. He believed that Mr. Katz's experience and past productivity pointed to him as the best choice. John Cooper, 975 N.W. 10th Street, Boynton Beach, said he believed this should be put to the vote of the people, that the taxpayers should have a voice in the matter. He was personally not in favor of Mr. Katz. The person he wanted to fill the vacancy was open-minded, caring, and considerate of all the people in the community and what was good for all of Boynton Beach, regardless of their personal views or opinions. Kathy Floyd, 703 N.W. 11th Street, Boynton Beach, respectfully requested that the decision of the replacement of the District II seat on the Commission be made by the citizens of Boynton Beach in a Citywide vote. If the decision was made to make the decision at the Commission level, Ms. Floyd wished her strong objection to the appointment of David Katz as Commissioner to be placed on the record. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach, referring to Mr. Katz, pointed to a lack of attendance at a Board to which he was elected which demonstrated his lack of commitment to his responsibilities and to the people of Boynton Beach. Mr. Pereira brought up the minutes from the August 1, 2001 City Commission meeting when single member districts were being discussed. Those minutes reflect this: "Vice Mayor Weiland believes a more diverse Commission is needed." I would like, therefore, to impress on the entire Commission that here is a perfect opportunity to live up to the argum&nts they presented for single member districts. If a faceless, colorless, and genderless look at this appointment is taken and compared with the last appointment, the Commission will see that a person with no experience as a Commissioner won over one who did. That is exactly what we have now. We have an apples-to-apples situation gentleman, so let's get apple juice out of this, not lemonade. Regis Accethulla, 508 N.W. 10th Court, Boynton Beach, was in favor of Mr. David Katz because of his experience working in the community and thought he was a viable candidate for the opening. Marie Traylor, 1249 Gondola Street, Boynton Beach, wanted to .tell everyone present about a very special person, David Katz, and that he wanted to be the City's next Commissioner. She had known him for over ten years and knew that he was the right person for the job. She said he was knowledgeable in City government and had been a Commissioner in the past and she realized the asset his knowledge would be on the Commission. Ms. Traylor stated that she had lived in the City since 1989 and was a police officer who had recently retired after 17 years with the City. During that time she saw Mr. Katz make decisions that were not in the interests of the fewbut in the best interests of all. As a taxpayer, she was concerned that the people who were ina position to make the major decisions that concern the City take into consideration the outcome and how it will affect everyone, not just the people in a particular District, and most 13 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA May15,2001 importantly, how it would affect the City in the future. When Ms. Traylor called Mr. Katz today, he said he must be crazy to take on the responsibility again. She told him he was doing it because he cared. He has a family and a full-time job but has kept himself informed of the City and government projects. This takes a lot of time and effort on his part and he is not even an elected official. She asked that the Commissioners select David Katz as the new Commissioner. Tim Hill, 1045 N.W. 10th Street, Boynton Beach, respectfully requested that the vacant position for District II be put up for a vote of the community. Mike Vargas, 663 N.W. 11th Street, Boynton Beach, spoke on behalf of Mr. David Katz. He had known Mr. Katz for three years and had seen his involvement with the community. He served for three years on the Homeowner's Association in their development and successfully negotiated a cable contract for the development, which saved approximately $250 per year for each homeowner. He worked with the Public Works Department to change their trash pick-up day from Friday to Monday, allowing their development to be less affected by unsightly trash and debris. He also had their voting location changed to one closer to their homes. He was a friend who can be counted on, regardless of the situation. He is well aware of Boynton Beach's needs and requirements to maintain this quality of life. He brings his knowledge and expertise to the position since he served as Commissioner previously for the City. Herb Suss, 1711 Wood Fern Drive, Boynton Beach, stated that the Mayor had asked for information and he said he had documented, public record information, an application from Mr. Katz for a Board appointment where he had put "two years of college" down on the application, signed January 8, 1992. On a different page for the same position, he put four years of college and it was dated April 15, 1992 and signed on July 14, 1992. He questioned the credibility of Mr. Katz. He was applying to be City Commissioner and the City Commission was going to make the choice. If they did, credibility was an issue. Mr. Suss asked that the Commission not put the City back twenty years. He also said that anybody on the Commission who felt they had a lOyalty to Mr. Katz had already voted once and paid their loyalty back. Give the citizens and me the loyalty because what you do or don't do has an effect on my life as well as everybody else in here. Mr. McCray has been at every City Commission meeting. He does not need "on- the,job" training. He knows full well what the developments are and can immediately sit up there and do the job. Give us diversification. Your loyalty is to the citizens. Elizabeth Jenkins, 711 N.W. 1s~ Street, Boynton Beach, said she was here because she lived in District II and well knew that the voters had spoken. She was concerned about the way the Commissioner who had just come on board was trying to get Mr. Katz in. They have already told the City what they needed and what they wanted. To get someone on the Commission just for what they know or can dig up is bad news. We need a diverse Commission and City. She said the Commissioners had put Mr. Katz on the Board but he had missed four meetings. When she missed four meetings she got a letter and she had to struggle to get back on even after she explained. She had to call the Mayor and the City Clerk in the process. She said this was wrong. Shestated that the north end needed somebody that would stand for them. How could they know who was going to stand until they tried the best? Teresa Arsenault, 722 N.W. 11th Street, Boynton Beach, spoke on behalf of David Katz. She thought he would make a fine Commissioner and if the Commissioners decided on a citywide vote, she thought every vote should count. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Mary Louise Orr, 159 S.E. 27th Way, Boynton Beach, spoke in support of David Katz. She had lived in the City for 30 years and had known him for over 20 years. She said he had always been there for her and had helped her in the neighborhood when there were problems. She supported him wholeheartedly. Ray Capobianco, 60 Paxford Lane, Boynton Beach, stated that he had been a resident since 1989 and had seen Boynton Beach really growing. He believed the City needed a Commissioner that had experience in dealing with City problems and was honest and that person was a former Commissioner, David Katz. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, said they should all be ashamed of what is happening to our City where outside residents or outside interests, both black and white, aro interfering with our privilege of appointing and/or voting for our candidates. The dignity of the office was jeopardized by Commissioner Fisher's incomplete statements on the dais at the last Commission meeting and he eventually found that he hurt himself in a large voting bloc by not knowing facts, since he had not lived hero long enough to have known them and didn't check on the end result of saying them. She had gotten phone calls from persons who used language she could not repeat and other incidents. It was shameful that the situation was allowed to happen and when she read in the Post that Mack said it was a racial problem, she was disappointed. He was forgetting that she and Mr. Katz had worked for him when he ran in 2000 and helped get votes for him. However it went tonight, she wanted to get together and stop the hate and hurtful accusations and run our own City and let the others run their own cities and in some cases, their own counties. Jim Miriana, 728 N.E. 8th Avenue, Boynton Beach, said that this was a stacked deck. He said that the Commissioners had reached the point where they had to make a very important decision, the choice of candidate for Commission or whether it would be put up for general election. He said they should face reality. One of the present Commissioners was chosen by this Commission, which was accepted by the community of Boynton, and why Could the expense of an election not be avoided by choosing a Commissioner this evening who could fill the position and the needs of the District? This gentleman is Mack McCray, who can represent without any problem the black community and can allay the fears that we are a discriminatory group, one who can represent all of the people of his district. Tim Rausch, 683 N.W. 11th Avenue, Boynton Beach, did not come forward when his name was called. The Mayor declared that the Public Audience was ended and turned the discussion over to the Commission. Vice Mayor Weiland called on people to consider the wonderful testimony of Mro. Betty Thomas in speaking about her husband, a pillar of the community for many years, and Mr. Sciortino speaking about a death from breast cancer. These were serious things that meant a groat deal rather than the petty bickering or complaining about minor things encountered on a day-to-day basis. He said he had known Mr. McCray for two and a half years and that after their first meeting, Mr. McCray had offered to allow Vice Mayor Weiland to put a sign in his front yard as he was running for Commissioner. He said he thought a lot of him then and now. He had to make a decision based on his experience and knowledge. He had heard comments about why they did not follow the same process that they did when they appointed Commissioner 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Ferguson? They had a special meeting to set the process but it was not done. Nobody simply said, how are we going to look at the candidates, how are we going to make our decisions? It is purely subjective as to what each one of us thinks, feels, and sees. He had heard a lot of negatives about Mr. Katz and a lot of positives about Mr. McCray. Some of them may be true about both of them; some of them may not be true. He said they were not up there to make friends at every meeting. They were there to make decisions that best fit the City as a whole, not special interest groups. He mentioned Mr. Katz's attendance, at the Community Relations Board. He was an Alternate member, not a voting member. He sat in the audience. This Board met the same night as the City golf league of which he was a member. After checking with City officials and with Mr. Katz, he made sure beforehand that there was a quorum and that his attendance would not be required. He did not know how this fit into the rule =of missing three meetings but he was a non-voting member. A lot of people stated he had misSed this. meeting and he thought it. was a way to stack the deck against Mr. Katz and make him look bad. The individuals did not seem to know the reasons behind his missing the meetings or if they did, they failed to mention them. He felt that the people who were talking about a stacked deck should have mentioned it at earlier meetings where there was only support for Mr. McCray. He had also heard in. the past couple of weeks about District II being predominantly a black district. Vice Mayor Weiland gave some statistics based on his research that did not support the predominantly black District II premise. Without redrawing the district lines, there was no clear- cut way to determine the numbers of black, white, Hispanic, and other registered voters with 100% accuracy. There are people who live in District IV who vote in District II :if you go by the precincts and district lines as they are drawn today. Vice Mayor Weiland stated he had said in the past that diversification was needed on the Commission and he still felt that way tonight. Vice Mayor Weiland stated that if he had to make a decision this evening he would have to say that both men were capable of doing the job but in weighing this, he believed that choosing someone with prior exoedence would be best for the City. He had heard people say, "Please don't put us back 20 years", and it was not the Commission that would be putting the City back 20 years, but the people who were making the statements because they wanted to hold on to this and bring it up. Commissioner Fisher stated that it was not an issue of black or white. Do blacks only vote for blacks? Brian Edwards, who is white, stepped down from being a candidate for Commissioner for the good of the community, offering his support to Mr. McCray, who is black. On the issue of attendance, he stated that he had been in the same golf league and his partner in golf was the Chairman of the Community Relations Board and he did miss a meeting for the same golf league. With the power we have as Commissioners we should stick to the facts and the facts only. We have facts before us to help with that choice. He referred to the beginnings of government, saying that either you were going to be the voice of the people or not. The founding fathers introduced the revolutionary idea that government could rest on reason and the choice of the people themselves, which was thought absurd in other lands at the time. Commissioner FiSher said that Thomas Jefferson had said that but that was what was happening tonight. He said he and Mack had never been to each other's houses but that did not matter. He could tell what the people wanted - it was very clear to him. Residents of District II had made their point very, very clear. Commissioner Fisher praised the McCray supporters for their good work, saying that if it went to an election and they stayed united, the district could come up with the candidate of their choice. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Mayor Broening spoke of how he looked at the role of an elected official. He thought an elected official was chosen to represent the people. He said that people are chosen that have no experience in the political arena, using himself as an example. He liked to refer to himself as a volunteer and not a politician. He thought of himself as a citizen of the City who volunteered to take the responsibility for very difficult decisions that flew in the face of wishes of individuals and groups. They were there to represent the interests of the people, as they perceived those interests to be. He based his choice on the issue of representation. At the last meeting he had talked about objective qualifications and he ranked all three of the candidates against those objectives. When it came right down to it, the decision was a subjective one, based on what he thought was best for the community. He hoped that all four of them would keep the good of the entire community in mind if the issue came to a vote at this meeting. Motion Commissioner Ferguson moved that David Katz be appointed to fill the vacant District II Commission seat until the next municipal election. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll. The motion died due to a tie vote, Commissioner Fisher and Mayor Broening dissenting. Motion Commissioner Fisher moved to appoint Mack McCray to fulfill the remaining months until the March election. Mayor Broening passed the gavel and seconded the motion. In discussion, Commissioner Fisher said that the points that were made tonight were part of the big picture. It was more than local. People from Washington, D.C. were looking at this. What is done here tonight is going to influence, whether they liked it or not, several years to come. He believed this was a consideration and hoped others would also. City Clerk Prainito called the roll. The motion died due to a tie vote, with Commissioner Ferguson and Vice Mayor Weiland dissenting. Mayor Broening declared a deadlock and asked the Commissioners if they wished to table the issue? Commissioner Ferguson asked that the Mayor recognize Mr. David Katz, who wished to address the Commission and the audience. David Katz, 742 N.W. 11th Street, Boynton Beach, stated that there had been a gentleman who had spoken against him, John Cooper, who lived in his neighborhood. Another gentleman who spoke in his favor slightly misstated something that happened in Sky Lake when he was President of the Board. He brought the idea of community cable to the Board to save the people money, did some of the research, and then Mr. Cooper took it over and was the one who actually negotiated the contract. Mr. Katz stated that being a good leader, he delegated the task, and that is what happened. Mr. Katz wanted to respond to some of the comments that Commissioner Fisher made two weeks previously. He chuckled because he read from editorials from the Palm Beach Post 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 which were their opinion, not statements of fact. Commissioner Fisher read from them saying that he (David Katz) was divisive. He thought that anybody who was on the short end of a vote, whether it was 3-2 or 4-1 might be considered divisive, but that person is just stating their views and how they see them and stating them strongly and sticking to them as he has done. That does not make someone divisive. That makes them stating their views. He would be scared of a Commission that always voted 5-0 because issues would not get a fair hearing. Commissioner Fisher read from the editorials talking about a letter that got sent into Hunter's Run. People who were a lot smarter than him, had a lot more money behind them, the Florida Elections Commission, looked into the matter and totally cleared him of that. Commissioner Fisher failed to mention that. Commissioner Fisher mentioned a vote he had taken while on the Commission from the editorials of the Palm Beach Post, that he had voted against the confirmation of Floyd Jordan, a black man who applied to be the Fire Chief here. He also got up and spoke in favor~of Wilfred Hawkins when he was hopefully going to be the City Manager. He did that for the same reason he voted against Floyd Jordan. He believed in hiring from within, contrary to the Palm Beach Post editorial, which again is opinion, but he read as fact. There were two men in service in the Fire Department at the time who were highly qualified to be the Fire Chief and Mr. Katz thought that hiring from within .would be the right thing. At the time there was a black man, whose name was Perry Patterson,, who Commissioner Fisher did not know because he did not live here, who was a Lieutenant in the Fire Department who had been promoted to Captain. He had been in the fire service close to 20 years, he had gone into people's homes, helped save their lives, put fires out, and this man created a glass ceiling over his head because we went outside the department. Mr. Jordan isn't here any more. Mr. Katz stated he had always felt that this was an application process, not a political process. The people who spoke for Mr. McCray had been accusatory and sometimes downright nasty. Mr. Suss mentioned something tonight he wanted to comment on. He stated that when you ran for office, and he had run for office a couple of times, won once, lost the other, the press looks into your background. They never printed anything so he guessed everything was okay. Two weeks ago Mr. Suss came up here and was pointing fingers and threatening. Anybody who spoke for him tonight only spoke about qualifications. They never put anybody down, they never questioned anybody's background, because everybody has a skeleton, everybody. They had Mr. Dan Lippman from Representative AIcee Hastings' office come to speak. That was their right. Mr. Katz said he voted for Mr. Hastings after he won a primary from Lois Frankel. He met with Mr. Hastings when he was a Commissioner for about thirty minutes about a man who wanted to be remembered as a prisoner of war and he helped that out. That very night he held his first town meeting at Boynton Beach and he drove him here in his car but this was also a man who was impeached by the U.S. Senate. So, Mr. Katz said that nobody was throwing barbs at Representative Hastings but they threw barbs at him. Mr. McCray had a quote in the Palm Beach Post that was referenced and it disappointed Mr. Katz because he believed him to be a decent man. He said, "it's a political thing - it's more racial than anything else". That disturbed Mr. Katz. He believed there were some hypocrites in the group at this meeting. He stated that if a black person had been the one up there and had resigned and the second place finisher was white, he did not think they would be hearing about the second place precedent and in fact there is none, legally or otherwise. If the person who resigned was white and the second place finisher was white also, in the election we are talking about, and that person applied, but also a more qualified black applicant, the second place argument would never be heard, not a whisper. He believed that to be true. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 With all due respect to those of the assembly who were being hypocritical, there was light at the end of the tunnel because it meant they knew right from wrong. It also struck Mr. Katz as funny that the editorial in the Palm Beach Post kept citing, "What if single member districts had been routine?" As usual, nothing truly factual was stated. But, they did omit the fact that when single member districts were on the ballot, they wrote editorial after editorial against it. Their editorial writers who produce this pablum then go home to their gated communities in Boca, in Wellington, and in north Palm Beach, trying to stir up trouble in Boynton Beach to sell papers and to divide our City. Again, Mr. Katz believed Mr. McCray to be a decent fellow but Commissioner Fisher and his supporters and the press had created this dirty, greasy pole to climb up and at the top there was this $25.00 prize and they wanted Mr. McCray and Mr. Katz to climb up in a $35.00 suit. The $15,000 for an election, as well as the time and effort and all that would be involved, is totally unnecessary. The money could be spent to correct the drainage problems in at least a couple of homes and he was not going to be party to the waste. He stated he left the podium knowing that it was an application process and he was the more qualified applicant. Quoting directly from Mr. Katz: "To the people who love me and respect me and have believed in me tonight, for my family and myself I thank you from the bottom of my heart and your heart. To the people that don't, may God turn your hearts, and if that doesn't work, may He turn your ankles so we may recognize you by your limping. Having said all of that, in accordance with Roberts-Rules of Order, he asked the Commissioners who voted on the favorable side of Mr. McCray's denial, to move to reconsider so that the City can put this behind us and in the past and the Commission can go on as a group of five. Thank you." Vice Mayor Weiland said that the press had a lot of potential to bring truth and beauty into our lives and encouraged them to be positive in their reporting on issues and people. He was not directing the comment towards any particular television station, reporter, or newspaper. He said that was true around the country. Commissioner Fisher wanted to congratulate Mr. Katz for his heart-felt contribution to the City welfare. Perhaps there would now be an end to the polarization and he would move to reconsider the denial of the appointment to Mr. McCray. Mayor Broening stated that it would have to be a new motion. Motion Commissioner Ferguson moved to appoint Mack McCray to fill the vacant District II Commission seat. Vice Mayor Weiland seconded the motion. The motion carried unanimously. Mayor Broening wanted to applaud Mr. Katz, who in the past several months had gone from being a political adversary to becoming a friend. Mr. Katz had shown his generosity and civic- mindedness in a way that was absolutely commendable. Mayor Broening thought he had the spirit of the new Boynton Beach and hoped that everyone left the meeting with the same feeling. Mayor Broening thanked Mr. Katz. Commissioner Fisher said that as to the stand he took in the matter, if he embarrassed anyone or offended anybody, that was not his intention. His intention was basically to make sure that representation was there. Commissioner Fisher said to Mr. Katz that while he did not see this 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 as he and Mr. Katz going to lunch together yet at this point, he did appreciate his final comments, thought it was the right thing, and thanked Mr. Katz. MAYOR BROENING ANNOUNCED A FIVE-MINUTE RECESS AT 9:10 P.M. AT 9:15 THE MEETING WAS RECONVENED. VI. CITY MANAGER'S REPORT: A. Performance Review- City Manager Mayor Broening reported that each of the Commissioners had received a summary statement from Mr. Bressner, which set forth his requests and asked for questions or comments. Vice Mayor Weiland referred to an article he had read about a City Manager who lost his job and walked away with $364,000 in benefits, perks, and severance. While he did not envision Mr. Bressner leaving and lauded him for the superior job he had been doing, he did not want to see a similar thing ever occur in Boynton Beach. He thought adding the requested increase to the ICMA Deferred Compensation Plan and allowing 20 days of vacation would be a good compromise and that he had previously discussed it with Mr. Bressner. Commissioner Fisher said there was no question in his mind that for the job Mr. Bressner did in the City, he was underpaid. He said that Mr. Bressner was the CEO and the Commissioners were the Board of Directors and that if the CEO disagreed with the Commissioners, he let them know, and that this was important to the Commissioners. He believed the requests were reasonable but asked if the addition to the deferred comp could be made incrementally? Mr. Bressner replied that it could not unless the Commission wanted him to retire at 55, which he did not want to do. He was not eligible for the "catch-up" provision in the ICMA Deferred Compensation Plan. He said he was asking for the deferred compensation amount to go up to $8500 this year from the $8,000 it was now. He did not ask for a salary increase because the Commission had granted his request for severance six months ago and that had been a big jump. He said the Commission could view the severance package as an insurance policy for his family, that he had no intentions of leaving the City and that he loved the City, the staff, and those on the dais. Mr; Bressner respectfully requested the increase in the vacation time from 20 to 25 days. He was asking for that because part of what he did, in addition to just going on vacation, was serving the needs of his profession as a City Manager. He did research, study, and traveled to talk to colleagues and every four years, did a national survey on the council/manager form of government. He wanted to gear up for the 2002 survey and may need additional time to travel for that survey. He believed this reflected on Boynton Beach because its name went right up along with his when the articles were published. He wanted to do some studying and research on how well the council/manager form of government was doing nationwide and the issue of citizen engagement. Mr. Bressner noted that although tonight had been a very positive oupoudng of community involvement, they did not often see such a big crowd. That was being played out all over the United States and it had played out the night before when the City had sent out 400 notices to 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May15,2001 homes of people about a park next to their neighborhood, and only a handful showed up. Mr. Bressner wanted to try to turn that around in a small way. He reiterated that he was not interested in an increase in salary. Commissioner Fisher said he was looking at 20 days as the contract amount and that while he also did not anticipate Mr. Bressner leaving, he echoed Vice Mayor Weiland's concern about the accumulation of benefits and the potential effect of it. Commissioner Fisher lauded Mr. Bressner for his dedication to duty and availability. He did not believe there should be any problem if Mr. Bressner wanted to take time off for personal reasons or for research or travel for his profession. In fact he believed he should definitely take personal days off, as he needed them. Vice Mayor Weiland said Mr. Bressner did not need to sit in his office six days a week and be seen. In a good corporation, the employees run the corporation and the CEO makes sure that things run smoothly. Mayor Broening commented that when the City interviewed Mr. Bressner a year ago, one of the considerations was that he would have sufficient time to pursue the professional development aspects of his profession, of which he is a national leader with many published documents and studies. Mayor Broening was prepared to go along with 20 days but wanted a resolution from the Commission that it would continue to encourage Mr. Bressner to participate in the collegial things he did with his profession. He brought back wonderful models and information and provided it to others as well. The City had an obligation to continue that trend. He was very pleased with the job that Mr. Bressner was doing and could see the results. He believed the upcoming years would show even more improvements in performance. He was disappointed that Mr. Bressner did not want more money as he believed his salary was a pauper's sum for someone who ran a $100M a year business. He said that the salaries of the Assistant City Managers were close to Mr. Bressner's and he preferred to see some distance there. Vice Mayor Weiland believed that the going rate for a City Manager in a City the size of Boynton Beach was between $118K and $135K, from Stuart down to the Florida Keys. Vice Mayor Weiland believed that Mr. Bressner should be encouraged to go to whatever meetings he deemed necessary and that it did not reflect on his vacation time whatsoever. Mayor Broening pointed out that Mr. Bressner wanted to change from his current vehicle to a small, plain, white SUV. He had also asked tc~ be given the 1% lump sum amount the employees were recently given to help defray the cost of health insurance. Motion Commissioner Fisher moved to 1) approve adding $500 this year for the ICMA Deferred Compensation Plan; 2) to increase vacation from fifteen days to twenty days; 3) to upgrade the vehicle to a small SUV as stated; and 4) to help defray the cost of health insurance, a 1% lump sum amount (not added to base pay), be granted, similar to what the employees were given last year. Commissioner Ferguson seconded the motion that carried unanimously. Mr. Bressner appreciated the action on the part of the Commissioners and thanked the Commission for their confidence and support. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Approve the demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue and create up to 50 parking spaces on site at a cost not to exceed $250,000 Quintus Greene, Development Director, stated that staff understood and appreciated that there were reasons for nostalgia concerning the Old High School and that there were those who wished to see the building preserved and re-used as a school or in some other manner. However, since the last time the issue was high profile in 1993, the building had continued to deteriorate and none of the proposals presented to the City had included any money for the building's restoration. Each of the three proposals he had seen in the previous eighteen months had been based on the premise that the City of Boynton Beach would be responsible for most, if not all, of the money required for the restoration, an estimated $3 to $5M. There was also a suggestion that there was money available from sources that wanted to preserve historic buildings. Mr. Greene had researched this and even if the building qualified as a historic building, the maximum amount that was available for such restoration was $250,000. He checked resources from the National Trust for Historic Preservation and the State of Florida. The question had come up about architectural character. As an architect, personally, he was not one who felt there was a real strong representation of a particular period in the Mangrove Park School. However, the Community Redevelopment Agency, when it made a decision to support the staff recommendation to demolish the structure, required that certain architectural features are preserved and staff is agreeable to that. It was the opinion of staff that, given the present state of deterioration of the building, the high coSt of repairs, the absence of any realistic private financing for renovation, and the number of other high priority capital needs of the City, that it would be difficult to support any commitment of City funds for this project. Also, in the redevelopment plan currently being prepared for the school's site and the surrounding area will, for the first in the City's history, provide the City of B0ynton Beach with a true Town Square. It is for these reasons that staff recommended demolition of the Mangrove Park School. Mr. Greene offered to show presentation boards that showed the concept of Town Square if anyone cared to see them. Commissioner Fisher questioned making a parking lot at that location, preferring to leave it as green space until the eventual building of the Town Square. Mr. Greene said the reason they were recommending 50 temporary parking spaces was that the Children's Museum was scheduled to open in September. Also, there is an effort to get a grant to expand the library and part of that library expansion will require the availability of some 200 parking spaces. Commissioner Fisher Said he thought the library expansion may take several years to accomplish and Mr. Greene said that was true but that as part of the application process, the City had to demonstrate that the parking spaces were available. Ms. Farace said the intention had to be there, not necessarily the parking spaces themselves. Commissioner Fisher suggested earmarking the land as a future parking area, but leaving it green in the meantime. Mr. Greene replied that the City could do so. Vi(~e Mayor Weiland asked what the cost had been to renovate the Schoolhouse Museum with al/the different add-ons? Ms. Farace thought it had been $1.4M, $900K of which were City funds. Vice Mayor Weiland said they had decided to get community input on this and it had come to them a few weeks previously and then it was delegated to the Community 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Redevelopment Agency. Vice Mayor Weiland thought that not enough community outreach had taken place to date. It was done at a CRA meeting at the very end of the meeting. The issue came up around 10:15 at night when, naturally, most of the people that came out to speak on it were elderly people and they sat through three hours of meeting until this came up, voiced their opinion, and the Board recommended to tear the building down and bring it before the Commission. He did not consider that this meeting represented an adequate amount of community outreach to determine what to do with the building. Vice Mayor Weiland wondered if further attempts at community outreach might bring forth a large outpouring of support for renovating the building? Vice Mayor Weiland thought the issued needed a longer time for consideration before making a decision on tearing the building down. Commissioner Fisher understood his point but said it had been out there for several years and it wasn't the first time they had been asked to make a call on it. Part of the reason it was in the shape it was is that the Commission did not put any money into it. Possibly if they had put money in it in the past to preserve it and do the roof and take care of the termites, the present situation might not exist. This had come up several times before and had been well publicized in the paper on several occasions so this had not been a last minute thing. He said it was up to the Commission and not the CRA as to what was to be done with the building. He said if they chose to preserve it, what capital improvement plan item would they cancel for the $3-5M? Should they stop the library expansion? There is only so much money they had to work with. If they can save it, by all means, save it he said. Commissioner Fisher asked if anyone had a viable solution for that building at this time.'?= Was anyone trying to raise the money to fund the renovations? He thought the City could wait 30 days for an answer. Commissioner Ferguson said he had no qualms about tabling it but wanted to have a date certain for a decision and in his mind another 30 days would not make any difference. If no one came in from the community with a scheme to at least share the cost, he believed the issue was dead. Mayor Broening invited the persons who had submitted cards to speak from the public at this time. Harvey Oyer, 512 North Seacrest Boulevard, Boynton Beach, said there were a number of persons who were there because of the result of the CRA meeting. They did not have time to get fully organized but were represented by counsel and asked Mr. Mark Perry to speak on their behalf. Mark Perry of Perry & Kearne of Delray Beach, Florida stated he was speaking on behalf of 18 individuals who had gotten together in 24 hours to provide dollars and support for an ad hoc group they were organizing to present possibilities for the development of the Mangrove Park School to the Commission. Mr. Perry provided the Mayor with a list of the individuals who had provided dollars for this purpose. It was a list of Whos Who from the City of Boynton Beach and many of them had been in the City for seventy to eighty years. Several of them had been on the Commission as mayors or Commissioners. They had shown an interest to form a tax-exempt, non-profit organization to be able to promote the project, obtain donations, and investigate the possibility of getting dollars elsewhere than the City of Boynton Beach. At some point they may come to the City for dollars but as for now, they have heard from the Commission who have said the City does not want to support the project on its own. They wanted to do something similar to the City of Delray about developing the downtown area. Old School Square was not 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 really promoted by the City-the citizens themselves developed an organization that went out and got the money to develop Old School Square. They wanted the same opportunity here. If they did not come up with a plan that the Commission liked, they understood it would have to be demolished. They asked for the opportunity to develop a plan and come back and report on a monthly basis for at least six months. Motion Commissioner Fisher moved to table the demolition of Mangrove Park School until the June 19 City Commission meeting to give a final opportunity for whoever wants to try to put something together to show us their proposal. Commissioner Ferguson seconded the motion that carried unanimously. VII. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Boynton Beach Masonic Lodge - Daycare Gentile, Holloway, O'Mahoney & Associates, Inc. Boynton Lodge #236, Free & Accepted Masons 2701 Quantum Boulevard Request Conditional Use Approval for Lots 22 and 22-A Plat of Quantum Park, at Boynton Beach, PID, Plat No. 3 for use as a Daycare/Preschool Mayor Broening asked for comments or questions from the Commission or staff. Motion Vice Mayor Weiland moved' to approve the Conditional Use for Lots 22 and 22A Plat of Quantum Park, at Boynton Beach, PID, Plat No. '3 for use as a Daycare/Preschool. Commissioner Ferguson seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: A Pink Princess - LUAR Bradley Miller George & Maron R. Uhazie 1120 S. Federal Highway Small scale land use amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from Office and Professional Commercial (C-1) to Neighborhood Commercial (C-2) for a .73 acre parcel of land At. torney Jim Cherof administered the oath to all that intended to testify at the meeting. Carl Cassio appeared on behalf of the applicant, Janet Kysia. He also had Bradley Miller of Miller Land Planning Consultants with him. He asked that Ms. Kysia be given an opportunity to tell the Commissioners what she planned to do with the property if it were rezoned or reclassified. He stated that Mr. Miller would respond to questions from staff. Janet Kysia said she had fallen in love with this piece of commercial property on Federal Highway and had a vision of what could be created. It was a family business and she had 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 begun to fix it up already. They had a business in Boca. for nine years. They had a high-end clientele from the recently closed doll and toyshop. She wanted to create a girl's boutique that would have the ambience of little girls in their dress-up clothes having tea parties and storybooks by the fireplace. She thought it would open the building up for the public to come in and enjoy the property. It needed to be fixed up and she intended to do that. She thanked the Commissioners for their consideration. Commissioner Fisher asked for a quick summary from staff as to why the CRA recommended denial of the application? Mr. Larry Finkelstein, Chairman of the Community Redevelopment Board, said the consensus of the Board had been that they wanted to enact the Federal Highway Corridor Plan and complete rezoning for the entire area, not just in spots here and there. The Board and some of the neighbors in the adjoining residential area did not want to intensify the zoning. Also, the Board believed that if the current use did not work out, the door would be opened for other, possibly unwelcome, uses. Mr. Bradley Miller, a land planner for the project, who had made the presentation for the project at the CRA, made some comments. Mr. Miller showed the Commission a colored picture of the survey of the building that showed the location of the property which sat on two parcels of land. They did not plan to make any changes except improvements to the building. The Colonial Office Center development to the south of it wrapped around on the East Side. That would remain C1 and there was a landscaping buffer already in place. There was an Amoco gas station across the street, a Dunkin Donuts, and this project would provide a transition. The I-HOP Restaurant was within the same C1 zoning district as a non-conforming use. He believed there was an opportunity to retain the house that was built in the 1930s and preserve a structure like this in Boynton Beach and fulfill a dream of Ms. Kysia. She is going to try to get this on the historical register and to commit herself to the property and improvements made thus far. Vice Mayor Weiland said it pointed up the need for the City to address its zoning issues and resolve them because this would come up time and time again. He saw no reason why this should not be permitted. He thought Mr. Finkelstein had a valid point that it did not meet the criteria for where it was but he did not see the reason for denying it. Motion Vice Mayor Weiland moved to approve Item VII-B. Commissioner Ferguson seconded the motion that carried unanimously. VIII. FUTURE AGENDA ITEMS: A. Status report on new meeting schedule for advisory boards (June 19, 2001) Discuss adoption of an Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1sT- WILL BE DISCUSSED ON JULY 3RD) 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 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 (DIP) and Seacrest Landscape Island Improvements (DIP) - July 17, 2001 D. Update on Senior Citizen Center Programs and Usage - June 5, 2001 IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Amendment to the City Charter and Code to reflect a change in the date of Municipal Elections from March to November to coincide with County State and Federal elections (PROPOSED ORDINANCE NO. 01- ) Motion Commissioner Fisher moved to table this item until the June 5, 2001 City Commission meeting to allow the fifth Commissioner to join the Commission. Vice Mayor Weiland seconded the motion that carried unanimously. Xl. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 01-20 Re: Adopting the Federal Highway Corridor Redevelopment Plan and Implementation Plan (TABLED ON SECOND READING ON MA Y 1, 2001) Attorney Cherof read Proposed Ordinance No. 01-20 by title only. Mayor Broening announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-20. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. B. Ordinances - Is~ Reading Proposed Ordinance No. 01-21 Re: Approving the rezoning of 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 Attorney Cherof read Proposed Ordinance No. 01-21 by title only. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-21. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous, Proposed Ordinance No. 01-22 Re: Approving the rezoning of a + 13.59 acre scrub preserve from "Single Family Residential" (R-1) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Attorney Cherof read Proposed Ordinance No. 01-22 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-22. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. 01-23 Re: Amending Chapter 2. Administration Article I. Section 2-20 of the Code of Ordinances to clarify the reconsideration process as it relates to quasi-judicial boards Attorney Cherof read Proposed Ordinance No. 01-23 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-23. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. 01-24 Re: Amending Section 15-8.6 Exemptions, by creating a new subsection 15-8.6 (8) exempting municipal construction from Section 15.8-5 noise control prohibited acts Attorney Cherof read Proposed Ordinance No. 01-24 by title only. Motion Commissioner Fisher made a motion to table this item until the next meeting. Commissioner Fisher said there were several open holes that had come up in the Pro-Agenda meeting regarding the noise itself. He proposed they table this item until the next meeting to give a little moro opportunity to firm up the language. Mr. Bressner said that the purpose of the ordinance was to deal with a construction matter only on Industrial Drive, a storm sewer project. He recognized there were other noise issues facing the Commission. He said staff was requesting that those issues be dealt with separately to include defining noise, measuring noise, and enforcing noise ordinances. He did not recommend holding up the passage of this ordinance to wait for the deliberations on the other noise issues that would take some time. Commissioner Fisher agreed to remove his motion but wanted to know how much time was involved in addressing the other noise issues? Mr. Bressner said this was really a Code 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Compliance issue and until the City got a little further into it, he would be reluctant to give a timeline. For the audience, Mr. Bressner stated that it had to do with noise from boom boxes, noise from bands, disturbing-the-peace kinds of noise and those were always difficult issues to deal with and there had to be a standard method of measuring noise. Communities nationwide were wrestling with this and they were getting comparative information from other communities at this time. Commissioner Fisher withdrew his motion. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-24 with direction to staff to get the noise issue situation resolved in a timely manner. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R01-193 Re: Approving the issuance of not to exceed $27 million in aggregate principal Utility Revenue Refunding Bonds, Series 2002, providing a method for fixing and determining the principal amount, interest rates, maturity dates, redemption provisions and other details of said bonds Attorney Cherof read Proposed Resolution No. R01-193 by title only. Mr. Bressner stated that in response to some questions from the Commission, an amendment to the Resolution was prepared that would provide language in the event the underwriters were unsuccessful in marketing the bonds by August 31, 2001. For the audience, the City was in the process of refinancing part of the 1992 Utility Bond Issue because of the dip in the interest rates. There is an opportunity to generate approximately $2M or more by refinancing at this time. They were not extending any additional debt but were reformatting the debt in a way that the City could use those dollars for a public purpose. If approved, the Resolution R01-193 stipulates that the window would expire on August 31, 2001. The staff will work with underwriters and bond counsel and act when they think the bond market is at its best to maximize the return. MOtion Commissioner Ferguson moved to approve Proposed Resolution No. P,01-193 with the August 31, 2001 date. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. UNFINISHED BUSINESS: Addressed earlier in the agenda. XIII. OTHER: A. Informational Items by members of the City Commission 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland thanked his fellow Commissioners for their cooperation and participation in the meeting. XIV. ADJOURNMENT: There being no further business to come before the meeting, the meeting was duly adjourned at 10:10 P.M. ATTEST: Recording Secretary (4 tapes) CITY OF BOYNTON BEACH Commissioner 29 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Masonic Lodge Daycare/Preschool APPLICANT'S AGENT: Gentile, Holioway, O'Mahoney & Associates, Inc. APPLICANT'S ADDRESS: 2701 Quantum Blvd., Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2001 TYPE OF RELIEF SOUGHT: Request Conditional Use approval for Lots 22 and 22-A Plat of Quantum Park, at Boynton Beach P.I.D. Plat No. 3 for operation of a daycare / preschool. LOCATION OF PROPERTY: 2701 Quantum Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MA'I-I-ER 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 X 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 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 wit~e terms .\\\\\\~% illlllllllz. and conditions of this order, x-~'eL~ ~~;~ 7. Other ~ -" ~ ~ DATED: ~-/G-O/ / / ] Ci~Clerk ' '% ~,,,"[,;~ ~ J:~SHRQATA~Ianning~SHARED~WP~PROJECTS~OYNTON MASONI~GE - USAP~Boynton Masonic Lodge Daycam-P~~ ~rd~c EXHIBIT "C" Conditionso£Approval Project name: Boynton Masonic Lodge Daycare/Preschool File number: COUS 01-001 Reference: 1st review plans identified as Conditional Use. and Zoning Department date stamp marking. File # COUS 01-001 with a May 1,2001 Planning DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE " X UTILITIES Comments: NONE X FIRE' 1. Review NFPA 101 Life Safety Code Chapter 30, 1997 Edition, and Boynton Beach Fire Code 9-6. X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION 2. At time of permit review, Submit signed and sealed working drawings of the proposed construction. X 3. Add to the submittal a partial elevation view drawing of the propOsed perimeter fence. Identify the type of the fence material that supports the fence, including the typical distance between supports. Also, provide a typical section view of the fence that includes the depth that the fence supports are below £mish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zonin~ Code. X PARKS AND RECREATION Comments: NONE X Conditions of Approval.doc 05/10/01 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 4. Staff recommends removing the wheel stops on the former six (6) parking spaces located within the interior of the proposed outside child play area. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ' ~'4 ~t~ ~ MWR/pat \\CH~MAIN~SHRDATA'~Ianning\SHARED\WP\PROJECTS\BOYNTON MASONIC LODGE - USAP~Boynton Masonic Lodge Oaycare-Preschool\Conditions of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AG ENT: APPLICANT'S ADDRESS: Zuhair Marouf's Variance Zuhair Marouf 2360 North Federal Highway, Boynton Beach, FL 33435 DATE OF CITY COMMISSION PUBLIC HEARING: May 15, 2001 TYPE OF RELIEF SOUGHT: Lot area. LOCATION OF PROPERTY: Part of Lots 4 & 5, Sam Brown Jr's Subdivision. DRAWING(S): SEE EXHIBIT "A", "B" and "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. 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 "E" 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. 7. Other S:\PLANNING\SHARED\WP\PROJECTS~UHAIR MAROUF VARIANCE\DEV~RDER.DOC EXHIBIT "C" Conditions of Approval Project name: Zuhair MarouF s Variance File number: ZNCV 01-008 (lot area) Reference: Zonin~ Code Variance Application dated March 28, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X . PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: Business operation be limited to the hours between 7:00 a.m. and X 7:00 p.m.. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~{:)t~,~ X MWR/arw S:\PLANNING~SHARED\WP\PROJECTS~.UHAIR MAROUF VARIANCE\CONDITIONS OF APPROVAL ZONING CODE VARIANCE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Land Use AmendmenfJRezoning LOCATION OF PROPERTY: 1120 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. A PINK PRINCESS Bradley Miller, AICP, Miller Land Planning Consultants, Inc. 3201 S. Ocean Blvd., PH-4 May 15, 2001 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 X 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 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 GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon ~ssuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~-I~-ol ~ ~ _~? "~ ~' J:tSHRDATA~PlanningtSHAREDtWPtPROJECTS~ Pink Pdnc~evelop. Order -Pink Princes CC 5-15-01 .doc SUPPORTERS OF MANGROVE PARK HIGH 5/15/01 CITY COMMISSION MTG. HARVEY E. OVER, JR. ELEANOR MARIE SHEPARD TEREESA PADGETT FAIN WEEMS DR. N. M. WEEMS, JR. CURTIS A. WEAVER, SR. C. STANLEY WEAVER LENORE B. RABORN JOAN DUBOIS PETER MORITZ (President - Historical Society) SANDRA L. MCGREGOR HELEN L. MCGREGOR VONCILE M. SMITH STELLA ROSSI KAREN OKENICA BIANA JONES LARRY JONES MARY LAW SCHOOL JIM WARNKE 617 Lakeside Harbor Boynton Beach, FL 33435-2403 561-732-4567 Fax 561-732-0377 warnke~beilsouth, net May 15, 2001 I request that item E. 1o be taken from the Consent Agenda for discussion and a vote. Jim Wamke Zuhair Marouf - Lot Size Variance - Request relief from Land Development Regulations Chapter 2, Zoning Sec. 6.C.3. to allow development of a car wash facility on a 9,908 square foot parcel in lieu of the 15,000 square foot minimum lot area required by the C-3 Zoning district regulations The lot in question is behind the Texaco station on north Federal Highway between Lakeside Harbor and Los Palmas Blvd. (At the end of Gateway Blvd.) The photos clearly show that the lot is bordered by R1AA homes. The CRA passed this variance BUT what was not shown in your agenda was that the vote was 4 in favor and3 against so just one member got it voted down against the wishes of 25 nearby residents. The car wash is allowed under C-2t zoning but to allow a variance of thirty, percent is outside the bounds of common sense and is against the intent of our code laws. Please vote this variance down as unacceptable. Jim Wamke 617 Lakeside Harbor Boynton Beach, FL 33435 732-4567 VIEW OF THE LOT FROM LOS PALMAS BLVD. LOOKING NORTH-EAST VIEW FROM T~ LOT LOOKING SOUTH ACROSS LOS PALMAS BLVD. for an APE' OF L~SIDE HARBOR May 8, 2001 the request of ZUHAIR MARO~ , the Land Development Regulations reducing the .i- required 15,000 sq. ft. minimum to only ft. so that he can build a car wash near our homes. and because of n' rose and traffic · ~ G~EDT SIGNED BY: BERNARD PRESTON THOMAS [1918-1994] Bernard Thomas was bom in Sheridan, Wyoming to a large homestead family and utilized his upb~iaaging, along with a natural artistic ability, to bring to others the colorful history of the west He attended Woodburv University in Los Angeles where he received a B.S. degree in Art and was the recipient of the Leo Yotmg~xrorth Award aa the Outstanding _Axe Student. Thomas then served in the army in Europe during World War II and was recognized for his av~'ork by General George Paton, who encouraged him to continue his art studies at the Ecole de Beaux ~°xrts in Paris where he studied trader Jon Dupas. ~?lai!e known primarily as a painter of Western scenes he gained national recognition as a muralist and became a me~r of the prestigious National Society of Mural Painters. Examples of his murals are found in Sheridan, Wyoming, ar the Dalai Fine Arts Center in Rapid City, South Dakota and in several locations in Florida. His individual paintings are in numerous Corporate, Museum and Private collections through the United States, Thomas, while living in Wyoming, had spent hours watching Go[lings, the well known and noted Sheridan _Artist and they both shared a love and deep interest in painting the west as they had kne~x'n it in their youth. NLany of the scenes that Thomas painted were of Native :&mericans, Cowboys and of historical events that had taken place in the late 19m century. in 1953 Thomas and his family moved to Florida to undertake a commision of a large mural. Me fell Lq love with Florida's natural beauty and st~bsequenfly made it his home, while continuing to remm to Sheridan each summer. While in Florida he was commissioned by the Department of the [ntevlor to paint a large mural at the Everglades National Park that illustrated uhe ecolo~, of ~e Everglades, which was subsequently destroyed by hurricane Andrew. art was a product of Ns nazmml artistic ability, his formal training and, above ali, his unique ,a~qders~.ndi.qg of ~e natural bean~ of the West and those Native ,~mericans and early Settlers :a'Ee cEose ..~ c=!l it b~ome. Sheridan A tist.' Commissioned Pain,t" FIo'rida Murals James MeltOn Bernard Thomas, sheridan artist, has been commissioned by .James Melton,' ~amed tenor, to paint-a mural of western scenes far the singer's museum, located about 10 miles from West Palm Beach, Fla. Melton a/so has asked the artist to paint his I~rtrait on completion ~ · !of the mural. Thomas plans to leave Monday to be~ work on ~e assi~ent. ~ ~e m~, which. ~ ~ used to decb~e a ~ion of a ~g on ~9 muse~ ~edicated to ~e West, ~ll depict ~ ~e, ~e pi°meets, and%~s~9 ihcidenm o~ ~e west in general Thomas a~o w~l help supply Melton ~~ ar~facts for ~e ~s~on' ~ch he pri- marily is se~g up for educa~ona~ pu~oses. ~e museum also houses ~e ~or'~ ~que co~ec~on o~ ~d automobiles, said to be one of most outstanding in the Workt. Melton fi~t. became interested in the Sheridan artist's work whe~ he saw the wesiern' mural Thoma~ painted for the Yellowstone Na tional Bank in Laurel, MonL, in 195L It convinced him, he' told' Thomas Thursday in a telephon~ conversation, that ~t was the type of thing he would like to have his own museum.' '. Thomas ha~ painted a number murals, among them, the' one in the Bank of Commerce complete~l when the. building' .Was .remodeled t~vo years ago. He is a native of th~ Sheridan community and a gradr: uate of Woodbury College' "art - school in Los Angel~s with a bach~'" lor of. science in commercial' art.- He also won the Leo Youngsworth award as the outstanding senior a~ student at the school. As an infantry, sergeant in th& European theater.- f r om. 1943 through. 1945,' h_~ g~aine_d national.--. recognition for his pai~. ting, "For Thou ~4_~ With Me," for the chal~- lain clivision.. His sketchbook, "The jDtd Country .. and Its People," brought him; through Gen. GeorK~ Patton's headquarte.rs, an- art scholarship in the Ecole de Beau~ Arts in : . Paris '. where he studied' under some of the best moder~ masters. Since returning to Sheri- dan,' he l~s ]nad commissions to several offs. on w~stez~n historic life which have gone-'to' other smte~. . ~etton, who commands th~ num- ber orfe spo~ in Community ConcerJ:~ attractions, was '.in Sheridan 15 years ago as one of the first artist~. signed by the newly organized con° ca,~ a~soeiation of this ~ommunit~., 4 Thursdc~y, November 19, I964 -" -.'... -.}:- ...>"'. - CLUB OFFICL&i.$ PROUD of the m~at ~e w~] al me '~omaa's Club. · P~o~o B~ STi~N SHEETS "THE SCHOOL provided the mater- ials and .%Ir. Thomas provided the pniniin.~. It n'~ ~ geed bar. In," said Forest Park Elementary School principal "Buck" Weaver. right who was well satisfied wilh five murals School do,areal to Nm school by local artist l;orm~r..l I'. '['homr~s. The ))ahflings depict Fh)rhla'.~ historic an([ nnl,ral ew}lnfion and range in size from four by ['our feel. such as the one shown hero. to four by seveu feel. Murals Depict Early Stale Histor,· 13OYN'TON F~EACt-{- Forest. ~intIngs he ha~ used a n~w-fi'om Wyoming. He stud~ed a~ Fm'k Element~- School has tecim~que ~n,~ p~,nonts whic[l under Jnn Dupa~ at the five murks deptc}i~g tl~e state's- make the picture~ ap?ac t~an.:de Be:mx Arts. In Park~. natural hlstotT, thanks to Bet'-slueent. n~d P. ~omas. tlis patntln~s ara cm'tenily nn He I~as painted murais far I-I slmw at slx different ~allertes,; ~loma~, weIt known patntec ~d[ff~r'ont $/at~, and I$ presentIy'ineiud[n.g Nassau. "[ hope. even- ~as a studio on Hypoluxo Road.'negotiating foe a government'tually to have one of my pain-, but lives a~ 3140 East Atlantlctcoatvaet for more FlorMa mu-~tin~x tn each of Boynton's Drive Boynton Eeach. He came~rals. 2~omaz ot'[~nMly crones'sc .~:~.', sn[d T~mnas. to thls area iL years ago to; ........... : paint t~e Cyclorama Mural in' the old Autarama Museum. off' U.S. !. Lantaaa. and haa stayed' t~ere ever since. 7~e scenes he has painted tho elementat-v sc]l~[ au(lite., rtum. rangh~z from tout- feet by seven feet tlu'ough t~vo-aad-a. half fe~t by thr~e feet, depict ~cenos tff FIn~'Ma fi'om bucea. ..~ - Staff photos/NICHOLAS R_ VON STADEN Bernard Thomas' painting of the Last Supper is historically accurate. Thomas died six weeks ago after an illness. 'Last Supper' nono, s parishioner.:. - Paintin inspired'*' ?aim Sqnday play By KEN SWART Religion Writer F1ach year for the past 12 years, mem- bers of First United Methodist Church of Boynton Beach have performed a play on Palm Sunday based on a parishioner's his- ~orically accurate re-paroling of the Last Supper. After the Last Supper has always been meantn~ul for the cast and the audience. Btst tonight's drama will be the most dra- matic of all. 2 comes just six weeks after the artist who painted the picture and inspired the play, Bernard Thomas of Boynton Beach. died after a long illness. He was 75. "Before. it was to honor his work. Now. it's to honor his memory." said Bob Mraz of Bovnton Beach, who plays Matthew. the part {hat Thomas used to play. During an earlier rehearsal, the cas; members said they still could feet Thom- as' presence: "I think it's in the forefront of all our minds," Mraz said. Especially those of longtime cast mem- ~-b, ers, like Nicholas Zito of Boynton Beach. still can't believe he's gone." said Zito, ~o plays the part of Simeon. "He was :ea brother ;o me." in turn. the play has become "a famiIy thing," said Fred Wyckoff of Boynton Beach, who plays the part of Nathaniel. For exampIe, Thomas' son-in-taw. Botlenbacher of Boynton Beach. ptays the part of Jesus. Meanwhile, Kurt Bergener of West Palm Beach plays the part of Ju- Ron Bollenbacher, left, plays Jesus in the play at the First United Method- dss. His mother. Grace Bergener of Lan- tans. directs the drama. She took the job at Thomas' request. "He wanted me ;o do it. and t wanted to do it because of him," she said. "I think he would have wanted it to continue." Thomas' daughter and Bollenbacher's wife. Sarah, knows so. "He wanted it to go on." she said. "But he knew his health wasn't good, so he delegated it to someone who was close to him." During After t.~e Last Supper, each of the 12 disciples leaves the familiar scene, takes center stage and she res how it felt to follow Jesus. ist Church in Boynton Beach. Morris plays Peter. The Rev. Logan Whalen. who was ~as- tot of St. John's Methodist Church in Boynt0n. Beach before it closed, wrote the script with his wife, Shirley, after they saw Thomas' painting. "This is an experience, to have your. own oainting reproduced on sta=~ Thomas said during last year's presenta- tion. "I enjoy seeing it come alive." Thomas tried to depict the historic event in accurate detail. The painting L se~ a; night, tn a simple home in defuse leto. during Passover. "I guess now he's finding out if he right," Wyckoff said. To accomplish a research task that went back into 3000 years of middle east history, muralist Bernard Thomas, not only traveled to the natural sites, but always followed closely the Old Testament, I Kings, chapters 5, 6, ~nd 7 for reference. This Masonic mural portrays in the foreground what is referred to as ~Men of the Craft", On the left, in the Cedars of Lebanon section, there are hewers of wood, the stages of transporting the wood, the saw_.ing, shaping, and finishing of the wood products. The large figures are Hiram, King of Tyre, and some of his superintendents. "The Bronze Works", located in the southern end of the Jordan Valley on the banks of the Jordan River, depicts the "Men of the Craft~ fashioning unbelievably large castings of bronze from the clay soil. There are the great Temple pillars, the huge water bowl -- The Molten Sea --which sat upon twelve bronze bulls. King Hiram's men, clad in purple, contributed the skills which accomplished these tasks for Solomon. King Sotomon's quarries provide the carefully hewed stone for all you see in the original walled City of Jerusalem. Those who were fortunate to visit the Lake Worth Scottish Rite Masonic Temple while mural artist Bernard P. Thomas worked his marvelous talent on the composition of the 65 foot mural, saw a tall ~vesterner, always in his rou§hed-up cowboy boots topped by western pants and shirt. Around his waist wa s the hand-tooled leather belt fastened by a unique silver buckle, featuring his distinctive signature in raised §old. If you looked around, you wo~:id have seen the "cowboy" hat hanging nearby. Don't let the we.st fool you. True. he is a real native of the west, born in Sheridan, Wyornin§. But, behind the friendly smile and soft voice, you soon realize that there is a great artistic talent which goes far beyond the ordina~ talent. His creative mind never seems to rest. His trip to t. he Middle East was part of his zest for research. He wanted to uncover all the dusty pages of the past. Before your eyes. the history comes to life from the colors on his palette. Here you see t. he "Men of the Craft" as they labor to move the numbered stones to the Temple site. As the mason chisels the stone to the exact measure required by Hiram Abiff, Sotomon's chief architect, both men are seen discussina the construction project. Pure white limestone~ for use in the Temple only, was quarried from ~he underground caverns below the cave entrance. Soiomon's Temple was erected as a House of the Lord, In the holy of holy chamber was placed the Ark of the Covenant which contained God's Ten Commandments given to ,~!oses. Solomon's father, King David, had his palace to-the far upper teft in what was known as the City of David, For 400 years the city of Jerusalem stood, but in 8.56 B.C, it was completely burned and leveled to the ground by Nebuchadnezzar. In 33 centuries of history~ Jerusalem has suffered at the hands of man and of nature, it has been rocked by earthquakes and sacked by man. The City has endured over 20 sieges and blockades, 18 reconstructions, and two periods of complete desolation. The City has passed from one religion to another six times. The valleys around Jerusalem have been filled, t~he hills have been leveled, the streets and the buildings destroyed, and the people s]ain and exiled. His studies in. academic art at the the Ecole de Beaux Arts in Paris, following World War 11, gave him a sound foundation for the. art he has created since. It is very apparent, as you see sweaty male figures struggling to move large stones; that he knows the human form. Bernard Thomas's big physical size has been beneficial in his mural work. He is mentally and physically strong. His hours on the scaffolding have been long and tiring. Yet, his great love to create has kept him going. His credits in the mural field are too numerous to list. However, his huge cyctorama mural of the na- tion's 200 year history, housed in the Daht Fine Arts C~nter in R~pid City, ~outh Dakota. was a bicenten- nial masterpiece. Thousands of visitors each y~ar are given a new insight on the ecology of the Everglades at the nation's southernmost National Park at ~_he Visitors' Cent_er of Everglades National Pa~k. Here, muralist Thomas blended the element of nature for public understanding. The Department of the Interior, which commissioned the mural, has been well-pleased with the public response. The versatility of Thomas is evident from his western canvases, his portraits, seascapes, and his animal paintings. Thomas is a member of the National Socic~.y of Mural Painters. He has served two terms as presi- dent of the Boynton aeach Art League. He is a tong time mem0er of the Rotary Club. In 1985, he and his wife. Betty, were honored by the City of Boynton Beach when they were appointed as Grand Marshalls of the Annual Christmas Parade. Thomas is aiso a member of the Boynton Beach Masonic Lodge. the Lake Worth Scottish Rite Temple, 33'~ member of Amara Shrine. and is the director of the 7th Degree. Bernard Thomas leads a busy and an active life. Bernard P. Thomas This is the entrance foyer to the Temple, which has the warmth and comfort of your own home, with comfortable furnishings which include the wails being decorated with canvas and oil reproductions of the Masters. The Lake Worth Scottish Rite Bodies were founded Aug ust 5, 1918 by fourteen Scottish Rite Brothers, five of whom had only progressed to the 14°. Since that meager beginning, these Bodies have survived a national deprcasion, World War II, the Korean conflict and Vict Nam, each of which has taken its toll on our Brothers of the Rite. The present Temple was begun in 1967 and Phase III or the Final Phase was completed in 1983. The building has 37,000 square feet under roof and now serves as the home of over 4,500 Scottish Rite Masons. The Lodge Room contains 600 plus comfortable theater type seats and was designed to have the best acoustics possible, as well as having a modern sound control system to operate the many microphones to assure that all can both see and hear the Degree Work. Also, we have a modem kitchen facility, which is manned by dedicated Brothers, with outstanding culinary abilities. Our dining room is capable of seating up to 500 persons comfortably and has a sound ~ystem that has been desi.clned and install~d by professionls. The Temple contains a beautiful Blue Lodge Room, which is available to Blue Lodges that might require its use, and is currently being utilized by Lantana Lodge to conduct their meetings. We have a special area set aside as a Class room which will accomr~date 200 candid~te.~ durinl3 reunir~ns. We have a wardrobe room. in which all of the robes and paraphernalia for the Degress are distributed to members of the casts, as well as a makeup department to assure that the character in the Degrees portray the work both verbally and in appearance. We .... ~lso have our staging area where a dedicated group of Brothers attend to the preparation of the floor work with I1 of the necessary paraphernalia. We also have one of the most outstanding and beautiful Libraries you will nd anywhere, with many old and rare books, Masonic and otherwise for your reading and studying needs. The Scottish Rii'e meetings are held the 4th Wednesday of each month, two reunions are held each year where the Degrees are conferred in the Spring and the Fall. 2000 North D. Street · Lake Worth, Florida 3.3460 o (407) 582-6794 FRATERNAL ORDER OF POLICE Boynfon Beach., Fla. sponsoring A comn]unity project ~upporring your Fc~.mily YMCA oF Greater Boynron Beach. A non-profit organiza[ion ro raise funds To bring a permanent site and ~acil/ties to the community. 0 0 ~RA Xt~me.J Jno~ ~q f~qsllqnd Your contribution is tax deductible Contributor Address City Phone State Zip 0 0 ....... Dist. by ~Eve~glade~ Natural History Asl~lali~n ........ ~ About the Boynton Woman's Club ..... o aces -designation Side view of building from Federal Highway # ~pua:~V /- o ZS '-L.[L aq o~ zall~IAI $o Xz~tuuxns # auoqdala~I, ?' 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Il!& # epua~v /// / / / / X~!O atI1 jo ~.~e~s atl~ o~.ud ~IVOlO / passazppv aq o~ ~o~I~IAI ~o .t~tumns # auotldala& ssa~ppv CRtV0 &~tHH00 DI~IL.~H gOISSIN~O0 A&I0 HOV~t8 SIAIiI,I,I VCII~IitDV BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD 'AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior/t~the start of the City Commission Meeting. j Name ~i~ I~ ~' C~'y[~ // Address '~""}0 { ~ ~J:~ ~- ~ Telephone # -~-~ I- q ':~40 Summary of Matter to be If a person decides to appeal any decision made by the City~o~mmi~slon '~4r~respect to any matter considered at this]meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. PleaSe contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonal~ly accommodate your request. '~u!laaIAI uo!ss!tumo;3 -(1!;3 oql jo ~ae~s OT4a O$ ~o.~ad ~[~al;3 ~1!;3 aha o$ aa!J/puc axoiaq ~o;l palIeO uo!lem~o~u! atll u! II!el # ~puo~v ~c/~ ~/ ~× posso~pv oq o~ zo~IA~ ~o ,~z~mmns # ouoqdolO& ssozppv 'Bu!~ooI~I uo!ss!mmoO · ~!O oq~ $o ~z~s oq~ o~ zo!zd ~ZOlO ,~!O oq~ o~ oA!N pue ~OlOq zo~ poli~O uoT~mzosu.~ oq~ u! 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II!~I / / / / / / / ./ '~ .~ooIAI uo!ss.~mmoo (IHV~) ,I,I~I~IIAIIAIO0 ~)I~IItlld Dl~II,l,~lIAI I~IOISSlI~II~IO0 .l,,I, IO HOV~Ill l~IO,Ll~L~OlI  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called fo~below and City~rk prior to the of the Commission Meeting. ~ give to the start City Address 6 ~ 9 ~ I ~x ~ e Telephone Ad ~~~~ A,enda, Summary of Matter to be dress ~0~ ii / If a pe~on decides to appeal any d~ion made by the City Commi~ion wit~respect to any matter considered at this meeting, he/she wffi need a record of the proc~gs and, for such purpose, he/she may nee~t~ ensure that a verbatim record of the proceeders is made, which record includes ~test~ony and evidence upon which the appeal~ to be based. (F.S. 286.0105} The City sha~ f~nish appropriate a~ia~ aids and se~ices where necessa~to afford an individual with a disability an equal oppo~unity to participate in and enjoy the benefits of a se~ice, program, or a~t~ty conducted by the City. Please contact J0yce Coste~o, {561) 742-6013 at least twenty-four hours prior to the program or activi~ in order for the city to reasonably accommodate yo~ 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 Address (~o c~ ~ /k) ~' ~ ~O ~/~ Telephone # 7 ~ ~ ~ ? ~ ~ Summary of Matter to be Addressed 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 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 AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Me~ting.~ / ~ Name ~[~//~ ~ff~ ~--~ · Address ~ ~ - . - - - Telephone# .~Z" ~~~'~ Agenda# Summary of Matter to be Addressed ~.f~. ~. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she will need a record of the proceedin§s 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 Clerk prior to the start of the City Commission Meeting. Name Address Telephone Agenda #~ 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 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 attxili~ry aids and services where necessary to afford an individual with a disability an equal opportunity to participate ha 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. Telephone # ~~ --~.~////-'~ Summary~of Matter to~e Addressed pe son ~l~es to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a ~cord 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 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 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 ora services pro§ramp 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 Meet~ipg. Summary Of Matter to be Addresse~ If a person decides to a~peal any decisiOn m~'y the City Commi~ion with respect to any matter comidered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensue that a verbatim record of the proceed~gs is made, which record includes the testimony and e~dence upon which the appeal is to be based. (F.S. 286.0105) The City shall fu~ish appropriate a~iary aids and se~ices where necessa~ to afford an individual with a disability an equal opportuni~ to participate in and enjoy the benefits of a se~ice, program, or acti~ty conducted by the City. Please contact Joyce CosteHo, (561) 742-6013 at least twenty-four hours prior to the program or activi~ in order for the city to reasonably accommodate yo~ request. PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below an d give to the City Clerk prior to the start of the City Commission Meeting. Name Address 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 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. BOY'NTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and Eive to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Agenda # Summary of Matter to be Addres-~ed~~j[~ If a person decides to appeal any decision made by the City Commission with respect to an~ matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure t~at a verbatim record of the proceedings is made, which record includes the testimon~ and evidence upon which the appeal is to be based. (F.S. 286.0105} oThe C. ity..sha, ll fur.nish a. pp~opria, te auxiliary aids and services where necessary to afford an individual with a disability an equal ppor~um~y to participate inana enjoy the benefits of a service, program, or activity coflducted 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. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk primo the start of the City Commission Meeting. Name Telephone # ~ {) q [ ~75 ////× Summary of Matter to be A~ /~ 7~ 3~/~ ~ 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 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, {5611 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 Commission Meet~ing. Name ~<~/ ~--~/~ Address ~ ~ '~/~' Fill in the information called for below and give to the City Clerk prior, he start of the City Telephone # ~ ~ ~ ~>~ ~~'~"~'/'".,. Agenda # ~ ~~ ~ ~ Summary of Matter to be Addressed 9~~ ~Z~ ~~ ~ ~[~ Ifa person decides to appeal any decision made by the City Commission with respect to any matter~o~idered at this meeting, he/she will need a record of ~e proceedings and, for such purpose, he/she may need to ensue that a verbatim record of the proceedings is made, which record includes the testimony and e~dence upon which the appeal is to be based. (F.S. 286.0105) The City sha~ furnish appropriate a~ia~ aids and se~ices where necessa~ to afford an indi~dual with a disability an equal opportunity to participate in and enjoy the benefits ora se~ice, program, or activity conducted by the Ci~. Please contact Joyce Costello, (561) 742-6013 at least twenty-fo~ hours prior to the program or acti~ in order for the city to reasonably accommodate yo~ 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 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 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 isto 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 PUBLIC COMMENT CARD AGENDA ITEMS MEETING~: Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~/~ ~ !fi~t~ ~ _/~~/~_ ~ Telephone, ~~ q~ ~ 7 /// ' ' ,~ ~ Summary of Matter to be Ad esse If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, 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 .sha. ll furnish ap~ropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participat~ 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 Ci~ Clerk prior to the start of the City Commission Meeting. ~ summary of Matter to be Addressed ~~~~00[ a~~D~/O.~ / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, 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 Clerk prior to the start of the City Commission Meeting. Name :.~, . ~ ~ ~ ~ Address Telephone# Agenda Summary of Matter to be Addressed~..- ~,-,~. ~:/z~tl~ . . Ir ~ ' / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, 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 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, proEram, or activity conducted by the City. Please contact Joyee Costello, {561) 742-6013 at least twenty-four hours prior to the pro~ram 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 Mee~ Name Address Telephone Summary of Matter to be Addressed 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 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 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 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 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 AGENDA ITEMS Commission Meetin, Name Fill in the information called for below and give to the City Clerk prior to the start of the City 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 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 §ive to the City Clerk prior to the start of the City Commission Meeting. Name ~~ ~l Telephone ~ 7/5 7~ ~/ ~ &' Summary of Matter to be Addressed 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 proceedin§s 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, pro§ram, 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 Address /~./ Telephone ~ ~~ ~~~ Agenda ~ 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 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 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 ~'~~ ii', l/qa/ Address ~/2-~ ~. /~gd /////~/f. Telephone # ~/'~ '~"-//~ ~ ~ Summary of Matter to be Addressed 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 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 au~rillnry 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 CosteHo, {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 ~(x~ Address /~( Telephone # Summary of Matter to be Addressed ~'~ )l~ 4 r ! ' s? 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, pro§ram~ 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.