Loading...
Minutes 06-05-01 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE S, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner I. OPENINGS: Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, Clerk Call to Order - Mayor Gerald Broening Invocation - Reverend Rick Riccardi - Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Broening called the meeting to order at 6:32 p.m. Reverend Rick Riccardi, Police Chaplain for the City of Boynton Beach, gave the invocation and Commissioner Ferguson led the Pledge of Allegiance to the Flag. E. IF YOU WISH TO ADDRESS THE COMMrss'roN: 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 INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. D. Swearing in of Commissioner Designee Mack McCray Ci~ Clerk Janet Prainito administered the Oath of Office and Oath of Loyalty to Commissioner Mack McCray. Co At A h( An Co lab ~missioner McCray thanked the Mayor, Vice Mayor, Commissioners, City Manager, City orney, City Clerk, all Boynton Beach citizens, City officials and staff, family and friends. pecial thanks was given to Terry Pereira, Brian Edwards, David Katz, and everyone who ~ed him become a Commissioner. He gave thanks to the Advisory Council on African- erican Affairs for their support and Joy Currier, Lena Rahming, the staff of qgressman Alcee Hastings, Palm Beach County Commissioner Addle Green and to the Reverend Lee for his guidance and teaching. Ms. Sarah Williams and the Community Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 Forum were commended. Commissioner McCray pledged his commitment to ensure that all citizens will receive equal and fair representation and he is looking forward to serving the remainder of his term in helping the City move forward in achieving first-class status, Commissioner McCray assumed his seat on the dais and was welcomed by everyone. F. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening informed the Commissioners that State Senator Ron Klein would give a legislative up-date and if the Senator was delayed, Mayor Broening requested that he be permitted to speak as soon as he arrives. 2. Adoption Commissioner Ferguson moved to approve the agenda. Commissioner Fisher seconded the motion that carried unanimously. PUBLTC AUDTENCE: TNDZVZDUAL SPEAKERS WTLL BE L'rI~IZTED TO 3-F,ITNUTE PRESENTATTONS Mr. Eddie Mitchell, 329 NE 12th Avenue, Boynton Beach congratulated Commissioner McCray. Mr. Mitchell also thanked the Mayor and the Commissioners for appointing Mr. McCray. Mr. Mitchell announced that tonight's reception for Commissioner McCray was totally arranged and paid for by the Advisory Council on African-American Affairs and that the City incurred no costs whatsoever. Mr. Herb Suss congratulated Commissioner McCray on his appointment. Mr. Suss stated he was giving Commissioner McCray an advance report card and that he was receiving a straight "A" because of the confidence he has in Commissioner McCray. Mr. Suss said he was against the City incurring any expenses in setting up a temporary Dog Park at a cost of at least $30,000. Mr. Suss felt that the residents of the neighboring communities should have been consulted on this decision. Also, he felt that the Dog Park in Delray Beach could serve the needs of Boynton Beach as well. Ms. Sarah Williams, 1331 SW 27th Avenue, Boynton Beach also congratulated Commissioner McCray. Ms. Williams commended and thanked the Commissioners and the City Officials in making scholarships available for the City's children so that all children are given an opportunity to attend summer camp. M.r. Dan Liftman, staff assistant to Congressman Hastings, thanked everyone for the spi[it of unity shown in appointing Commissioner McCray and read a letter from Congressman Hastings congratulating Commissioner McCray. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 III. ADMIN~STRATZVE: Accept resignation of Arlene Green berg, Regular Member, Education Advisory Board Commissioner Fisher moved to accept the resignation of Arlene Greenberg. Motion seconded by Vice Mayor Weiland and unanimously carried. B. Accept resignation of Joan Kuehn, Regular Member, Cemetery Board Vice Mayor Weiland moved to accept the resignation of .loan Kuehn. Motion seconded by Commissioner Ferguson and unanimously carried. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson Children & Youth Advisory Bd Alt 1 yr term to 4/02 TV Fisher Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/02 Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 TT McCray Children & Youth Advisory Bd Alt I yr term to 4/02 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/02 TV Fisher Cemetery Board Reg 3 yr term to 4/04 Mayor Broening Cemetery Board Reg 3 yr term to 4/03 Mayor Broening Education Advisory Board Reg 2 yr term to 4/03 ! Weiland Education Advisory Board Alt 1 yr term to 4/02 [! McCray Education Advisory Board Stu 1 yr term to 4/02 :IV Fisher Education Advisory Board Reg 2 yr term to 4/02 TTT Ferguson Golf Course Advisory Committee Reg 5 yr term to 6/06 1¥ Fisher Golf Course Advisory Committee Alt 5 yr term to 6/06 Hayor Broening Golf Course Advisory Committee Alt 5 yr term to 6/06 Mayor Broening Library Board Reg 3 yr term to 4/04 TTT Ferguson Library Board Reg 3 yr term to 4/02 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/03 T Weiland Nuisance Abatement Board Alt I yr term to 4/02 T Weiland Recreation & Parks Board Alt I yr term to 4/02 (Tabled-2) C'l'abled-2) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Mayor Broening Senior Advisory Board Reg 2 yr 1:erm 1:o 4/03 T Weiland Senior Advisory Board Reg 2 yr 1:erm 1:o 4/03 :[[ McCray Senior Advisory Board Alt 1 yr term to 4/02 June 5, 2001 Commissioner Ferguson made the following appointments: · Phyllis Stern as an Alternate Member to the Advisory Board on Children and Youth. · Bill McCarty for a five (5) year term to the Golf Course Advisory Committee. · Joseph Pineau to a three (3) year term to the Library Board. Commissioner Ferguson tabled his appointment to the Building Board of Adjustment and Appeal. Commissioner Fisher made the following appointments: · Carlos Luis Masso as a Student/Regular/Voting member to the Advisory Board on Children and Youth. · Beverly Agee to a two year term as a Regular Member to the Education Advisory Board. Commissioner Fisher tabled his appointment to the Golf Course Advisory Committee. Commissioner McCray appointed Willie Pearl Wilson as an Alternate Member to the Advisory Board on Children and Youth. Commissioner McCray tabled his remaining three appointments Vice Mayor Weiland tabled his appointments. Mayor Broening nominated Teresa Frazier to a three year term as a Regular Member to the Cemetery Board. Motion Commissioner Ferguson moved to approve the appointments. Motion seconded by Commissioner Fisher and unanimously carried. ]:V. ANNOUNCEMENTS & PRESENTAT]:ON$: A. Announcements: None B. Presentations: 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Proclamations: June 5, 2001 a. "National Garden Week"-.lune 3 -.lune 9, 2001 Mayor Broening read the Proclamation declaring the week of .June 3 through .lune 9, 2001 as National Garden Week. Members of the Boynton Beach Garden Club accepted the Proclamation and presented a plant to the Mayor and flowers to the City. A brief history of the Boynton Beach Garden Club was given and an update of all the gardening and landscaping projects of the Garden Club was presented. This year the Garden Club will be planting flowers on Industrial Avenue to complement the art display on that street. 3. Legislative Update - Senator Ron Klein (At approximately 7:30 p.m.) Senator Klein arrived and Mayor Broening requested he assume the podium. Senator Klein congratulated Commissioner McCray and reported on the following: He served as the Chairman of the Palm Beach County Delegation this year in Tallahassee. The session closed approximately one month ago and this was a tough budget year. There was $450,000,000 in extra Medicaid expense related to pharmaceutical costs. With regard to last year's election, the problems that occurred throughout the State resulted in the Governor appointing a bipartisan task force to address them and some excellent suggestions resulted. Two new voting systems are being considered. One is the optical scan system or the touch screen system and both systems are viable with a very Iow error rate. The County Commission has indicated that it intends to go with the touch screen system. The ballot will also have a uniform design and the butterfly ballot will be eliminated. There will be a uniform system of interpretation. Tf a recount is necessary, it will be done by a uniform system of interpretation. A provisional ballot will be utilized. This means that anyone who comes to a precinct to vote and their name is not on the register, they will be given the opportunity to vote and it will be kept separately. Those ballots will then be sent to the Supervisor of Elections who will determine if that person was a registered voter. Last year 45,000 people in the State fell into this category and were not allowed to vote. There will be a voter's bill of rights and responsibilities that will be available at every precinct. There needs to be better training for people who work at the precincts and voters need to be better informed of their rights. Every 10 years a census is done which results in reapportionment of the districts that is the Legislature's responsibility. There are 40 State Senate seats, :[20 House seats, and 25 United States House seats. There will be two new U.S. Congressmen as a result of the increase in population. The process is cumbersome and political. Twenty hearings will be held around the State to take testimony. A public hearing on the issue is 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 scheduled for September 5, 2001 at 4:00 p.m. at Palm Beach Lakes High School. Senator Klein is supporting redrawing of the districts in the CounLy to include as many districts in Palm Beach County as possible. Currently there are 10 House members and 6 Senate members representing this County, but only Senator Tom Rossin and Senator Klein live in Palm Beach County, with others living in other counties. Senator Klein asked the Commission to take a position advocating this and requested that someone represent the City at the September hearing in order to prevent the City of Boynton Beach being carved up into too many districts. This could dilute the power of representation for the City in Tallahassee. Senator Klein presented a handout to the Commissioners with his telephone number and e-mail address and noted that the Legislative Session will begin in .lanuary instead of March. A question and answer period followed. Mayor Broening thanked Senator Klein for attending tonight's meeting. Presentation on Senior Center Programs - Presented by Recreation Department staff Wally IVlajors, Recreation Director gave a Power Point presentation on the Senior Center, a copy of which is attached to the original minutes of this meeting. The following highlights were pointed out' bm The Senior Center is located at 1021 South Federal Highway, at the intersection of SE 10th Avenue and photos of the Center, both inside and out, were displayed. The facility has almost 5,000 square feet of space. A Senior Center Project Team spearheaded the development of the Senior Center, which was brought to the City by the Senior Advisory Board. IVlr. lVlajors introduced Steve Lulkin, Recreation Supervisor and Carolyn Sims, Recreation Manager. The Senior Center opened in October 1999 and over 100,000 people have attended the Center through March 2001. A transportation program is available Monday through Friday for all senior residents at a cost of $1.00. A list of free services provided at the Center was displayed. The hot meals program is provided through a grant from the Area Agency on Aging and distributed through the Mae Volen Senior Center. There are 642 registered seniors for the meals and approximately 425 are residents of the City. Because this is a State funded program, it is open to all residents of the County who are at least 60 years old. Since October of :L999, over 38,000 meals have been served. Programs and activities were reviewed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 The Senior Center is going through a self-accreditation process in order to receive National Accreditation from the National Institute of Senior Centers. Ms. Betty Thomas, Chairperson of the Parks and Recreation Advisory Board will be facilitating this process. The City is anticipating receiving funding to begin Phase II of the Senior Center which would add another 5,000 square feet to the Center. V, CONSENT AGENDA: A. Minutes: Agenda Preview Conference of May 10, 2001 Joint City Commission, Planning & Development & CRA Workshop Meeting of May 10, 2001 Regular City Commission Meeting of May 15, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Award "INSTALLATION OF ONE (1) NEW 15,000-GALLON SODIUM HYDROXIDE BULK STORAGE TANK", BID #057-2821-01/KR, to Interstate Engineering Corporation in the amount of $60,000 (~°R OI~O$~D R£$OL III'~ON NO. R0~-~ 94) Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND .1ANITORIAL SUPPLIES", BID #050-1412-01/KR, to various vendors for an estimated annual expenditure of $15,000 Extend RFQ #081-2110-00/C.1D for the "ANNUAL CONTRACT FOR TOWING" to various towing companies for an additional four (4) months until a new bid is in place and a franchise tax has been determined for an estimated expenditure of $34,000 Item V.B.3 was removed for discussion at the request of Commissioner Ferguson. Approve the piggyback of Palm Beach County, Resolution No. R-2001- 264, LANDSCAPE ARCHITECTURAL SERVICES awarded to Gentile, Holloway, O'Mahoney & Associates, Inc. for landscape architectural services in the amount of $13,800 plus estimated reimbursable expenses (postage, travel, reproduction, etc.) of $500 Item V.B.4 was removed for discussion at the request of Commissioner Fisher. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 Approve Change Order #1 in the amount of $18,656 to Tandem Staffing for "TEMPORARY LABOR SERVICES", BID #087-2510-00/KR, bringing the bid's total estimated expenditures to $28,656 C. Resolutions: Proposed Resolution No. R01-195 Re: Approving the full release of surety for the project known as Coral Lakes XII, and authorizing return of the Letter of Credit to the developer Proposed Resolution No. R01-:196 Re: Approving Amendment #1 of Task Order #1 with Utility General Engineering Consultant, CH2M Hill in the amount of $11,960 for additional design work and survey services related to the South Seacrest Estates Water Main and Swales Improvement Project Proposed Resolution No. R01-197 Re: Authorizing staff to apply for the 2001-2002 Children's Services Council grant in the amount of $59,519 for the Boynton Beach Latchkey Afterschool Program Proposed Resolution No. R01-198 Re: Approving and executing Task Order #7 with Utility General Engineering Consultant, CH2M Hill, in the amount of $26,086 to prepare an operating permit renewal application with supporting documentation for the Deep Injection Disposal Well Proposed Resolution No. R01-199 Re: Approving a reduction in surety requirement for the project known as Lester PUD Plat (a.k.a. Cascade Lakes) from $566,400 down to $28,300 Proposed Resolution No. R01-200 Re: Approving a PCS Site Agreement with Sprint Spectrum L.P. subject to processing and approval of a conditional use application for the proposed telecommunications tower at Hester Park Item V.C.6 was removed for discussion at the request of Commissioner Fisher. Proposed Resolution No. R01-201 Re: Approving a Department of Community Affairs Emergency Management Assistance Grant award contract for the purchase of a Reverse 9-1-1 system D. Ratification of Planning & Development Board Action: 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 .lanet H. Boyce Variance - 937 SW 34th Court (Lots #4 & 5, Block 2, Lake Eden Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,B.2.a., to allow a 19 foot variance from the twenty five (25) foot rear yard setback required in the R-i-AAB zoning district resulting in a 6 feet rear yard setback Item V.D.1. was removed for discussion at the request of Commissioner Fisher Purchase of 29 IVlodel Year 2002 Club Cars to replace 29 Model Year 1996 Club Cars at a cost of $60,117 from the Golf Cart Replacement Reserve Account Authorize payment to FEC Railway in the amount of $36,198.97 for upgrades to railroad crossing on East Ocean Avenue l~lotion Commissioner Ferguson moved to approve the Consent Agenda, as amended. seconded by Commissioner Fisher and unanimously carried. Notion CONSENT AGENDA TTEIVlS FOR DISCUSStON: B.3. Extend RFQ #081-2110-00/C]D for the "ANNUAL CONTRACT FOR TOWING" to various towing companies for an additional four (4) months until a new bid is in place and a franchise tax has been determined for an estimated expenditure of $34,000 Commissioner Ferguson noted that the towing companies are currently incurring additional fuel costs and a four-month delay in awarding the contract was too long. He pointed out that the Commissioners have been furnished with a table of comparative rates for other municipalities. He requested that the contract be moved up so that final numbers would be ready and the Commission could approve the contract on .luly 3rd. Nr. Bressner advised that staff would not be able to provide those final numbers by July 3rd. Mayor Broening explained that the issue that Commissioner Ferguson alluded to was a prbposal by staff suggesting a change in the contract, which is a separate issue unrelated to this agenda item. l~lotion Co~nmissioner Ferguson moved by Vice IVlayor Weiland. not to extend the contract for towing. Notion seconded 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 Commissioner Fisher said if the contract was ended tonight, the City would be at the mercy of the towing companies. Hr. Bressner agreed with Commissioner Fisher's conclusion that if the contract were not extended, the City would have no regulation of the rates at all. Vice Mayor Weiland noted that this is an important issue and requested that Commissioner Ferguson retract his motion. Hotion: Vice Mayor Weiland moved to approve the extension of the towing contract for a period of 60 days, with the figures coming back to the Commission within 45 days to make a decision. Commissioner McCray seconded Vice Mayor Weiland's motion. Tn response to Commissioner Fisher's question about the length of time needed by staff, Police Chief Marshal Gage explained that he did not believe staff could return to the Commission in less than 90 days since this was not a small task to accomplish. He requested approval of the four-month extension and offered to attempt to come back to the Commission within 90 days. Commissioner Fisher asked Vice Mayor Weiland if he wished to change his motion. Vice Mayor Weiland responded negatively. Commissioner McCray withdrew his second to the motion. Commissioner Ferguson seconded the motion. Motion failed 2-3 (Ma?or Broening. Commissioner Fisher and Commiss/oner McCray dissenb'ng). Motion Commissioner Fisher moved to approve the request for a four (4) month extension of the towing contract with a request that it be completed within 90 days by staff if possible. Motion seconded by Commissioner McCray. Vice Mayor Weiland pointed out that the Commission knew nothing about the franchise tax until a few days ago and it was added to the discussion of the tow contract. Vice Mayor Weiland said he was not in favor of a franchise tax and that it is unfair to the tow companies. Mr. Wilfred Hawkins, Assistant City Manager assumed the podium and stated that staff brought the issue forward as an idea of what could be done with towing in the City compared to what other cities are doing. He stated that the franchise fee is being presented to the Commission as an alternative for consideration. Mr. Hawkins pointed out that the towing companies are requesting an increase in the towing fees. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 Vice Mayor Weiland pointed out that if the franchise tax was instituted the industry would be forced to raise their rates to compensate for their increased overhead. Mayor Broening reminded the Commission that there was a motion on the floor to grant staff's request for a four-month extension of the contract with direction from the Commission that staff bring it back in 90 days if possible. Chief Gage stated that they needed the time in the event they had to go out to bid. Vice Mayor Weiland said that the issue at this time was not whether or not the City goes out to bid,, but whether or not to implement a franchise tax. Chief Gage responded that once they agree on the rates, it has to go out to bid, which will require additional time. Mayor Broening called for a vote on the motion. Motion carried 3-2 (Y/ce/v/ayor 14~el~and and Cornrni$~ion~r F~rgu$on d/'~$~n~/'ng). B.4. Approve the piggyback of Palm Beach County, Resolution No. R-2001- 264, LANDSCAPE ARCH[-I'ECTURAL SERVICES awarded to Gentile, Holloway, O'Mahoney & Associates, :[nc. for landscape architectural services in the amount of $13,800 plus estimated reimbursable expenses (postage, travel, reproduction, etc.) of $500 Commissioner Fisher requested that Mr. Bressner address this item. Mr. Bressner stated when reviewing the budget for the Park's Department recently, he felt that the time line for the median beautification program should be spread out a little longer, rather than doing segments every year because the funds are lacking in the City budget. Rather paying an architect to do a design for a project that might not get done, Mr. Bressner said he is recommending that the City not proceed with this project at this time. However, the medians that have been beautified to date would still be maintained. Commissioner Fisher felt that the City should go ahead with getting the architectural services at this time based on this year's rates because eventually the projects would get done. Commissioner Fisher felt that the architectural services necessary in one to two years would cost more. Mr. Bressner agreed that the Commission could go ahead with the design and then hold it up, because there is money in this year's budget for those services. At the budget hearings, Mr. Bressner will be recommending that the landscape median program proceed at a slower pace. Vice Mayor.Weiland requested that the Commission consider this item tonight because it is something associated with greenways, and the City in the past has been accused of not moving forward with greenways. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Motion Vice Mayor Weiland moved to approve Item 8.4. Fisher and carried 5-0. June 5, 2001 Notion seconded by Commissioner C,6, Proposed Resolution No. R01-200 Re: Approving a PCS Site Agreement with Sprint Spectrum L.P. subject to processing and approval of a conditional use application for the proposed telecommunications tower at Hester Park Commissioner Fisher inquired if any consideration had been given to the design of the tower to make it blend in with the natural background? Mike Rumpf, Planning and Zoning Director said that different options had been discussed, bUt it was later determined that a different design would not be suitable for this location. It is anticipated that the tower would be over 140' high and a typ.e of flagpole would look out of place because of the size of the site. Also, Mr. Rumpf noted that there already is a flagpole at the park. Mayor Broening inquired if the fee could be specifically earmarked for the press box at Hester Park and Mr. Bressner stated that this was permissible. Motion Commissioner Fisher moved to approve R01-200 and earmark all funds initially to go towards the press box and future funds to go towards the Hester Center. Notion seconded by Commissioner Ferguson and carried 5-0. D,1, .lanet H. Boyce Variance - 937 SW 34th Court (Lots #4 & 5, Block 2, Lake Eden Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,B.2.a., to allow a 19 foot variance from the twenty five (25) foot rear yard setback required in the R-i-AAB zoning district resulting in a 6 feet rear yard setback Commissioner Fisher requested confirmation that the variance was neither approved by staff or the Planning and Development Board which Mr. Rumpf replied was correct. Mayor Broening stated that he has a card on this and requested that Gary Boyce take the podium. Hr. Boyce did not respond when his name was called. Com..missioner Fisher inquired since the structure was already built, could the City fine the applicant as opposed to requiring them to tear it down. Attorney Cherof replied this could 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 not be done because it would be the equivalent of the applicant purchasing a non- approved variance. Mayor Broening inquired what the structure was and Mr. Rumpf distributed photos of the structure to th(~_Commissioners, which in effect is a form of cabana. Commissioner Fisher inquired about ~ining the applicant and Mr. Rumpf said that the code does provde for a fin~. AttorneyCherof stated if the Commission approved the variance there would be no fine. Tf the variance was not approved, the structure is a violation which would be cited by the Code Compliance Department and would go to the Code Compliance Board for a finding. The Code Board in all likelihood would assess a fine, which would continue to accrue. Attorney Cherof also stated that the City could take action to have the structure removed. Mayor Broening noted that the mason for the denial of the variance was that the applicant did not meet the definition of a hardship. Commissioner Fisher inquired if the neighbors complained and Commissioner Ferguson pointed out that the neighbors approved the cabana. Attorney Cherof pointed out that the cabana is an encroachment in the setback area. The Commission needs to consider whether it wants to allow a property owner to gain an advantage to obtaining a variance by violating the code and building without a permit. Tf you grant a variance under those conditions, you would be allowing people to build without obtaining a permit. Motion Commissioner Fisher moved to deny the variance. Motion seconded by Commissioner McCray. Vice Mayor Weiland also did not want to see the structure torn down and felt if the case were sent to Code Compliance, it would come back before the Commission and it could be remedied at that time. Attorney Cherof pointed out that the case would only come back to the Commission if the Board heard a lien reduction application. Mayor Broening called for a vote on the motion. The motion to deny carried 4-1 (Comm/ss/oner Ferguson d/ssenb'ng). MAYOR BROEN:ZNG DECLARED A RECESS AT 8:00 P.M. THE MEETI'NG RECONVENED AT 8:15 P.M. VT. CZTY MANAGER'S REPORT: Review of Preliminary Options for Health :Insurance Program for Employees for FY 2001-2001 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 City Manager Bressner pointed out that there will be a premium increase in health insurance, but through continued discussions with Blue Cross, the increase could be reduced. The City has been pleased with the services provided by Blue Cross and based upon input from the consultants and staff, it appears there is a support to continue with Blue Cross. Mr. Arthur Lee, Director of Human Resources said the City has enjoyed a long relationship with Blue Cross-Blue Shield for 40 years. Last year there was discussion about going out to bid, but it was determined to remain with Blue Cross-Blue Shield. This year staff met with employees, union representatives and managers in order to educate and inform them about the quality of care that the City employees were receiving from Blue Cross. Mr. Lee pointed out that the City has not yet begun negotiations. Staff is requesting that the Commission give their approval for the consultants to begin the negotiating process. The proposed increase in health insurance is 28.3% and the overall increase for all insurance, including dental and disability, comes to 25.3% increase. This has already come down by 2% without official negotiations. Hr. Lee felt that the consultants have gotten the best rates possible for the City and have always done their best. He pointed out that there have been years with no increases and some years had decreases. Vice Mayor Weiland commended Human Resources for the wonderful job they have been doing and suggested adopting a hard line stance of negotiating to demand a quality of service. Vice Mayor Weiland pointed out that the City has between 850 and 900 employees, which Blue Cross would not want to lose as customers. Commissioner Fisher noted that the City has not gone out for bid for at least eight years and there is only so much money to spend on payroll and insurance. The more money that goes to insurance means less pay for employees. Commissioner Fisher had concerns that the City has not gone out to bid and whether the City is receiving the best deal. Mr, Lee pointed out that employees receive up to a 50% discount on the care they receive because of the City's relationship with Blue Cross-Blue Shield. Should the City leave them and then come back, there is no guarantee that the City would receive the same type of service it is currently receiving. Mr. Lee pointed out that the City's plan is diverse in that it not only covers employees, but retirees and 300 employees with dependents. Also, the City has a partnership with the Regional Wastewater Plant that covers their employees. Mayor Broening inquired what triggers an increase and Mr. Lee pointed out that the City paid over $1.2 million in premiums. However, claims amounted to $1.7 million. The City is considered a fully credible group and as such the rates are based on its own experience. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Motion June 5, 2001 Vice Mayor Weiland moved to authorize staff to continue negotiations. Motion seconded by Commissioner Ferguson and carried 5-0. B. Report on Proposed Purchase of Property Mr. Bressner stated that this item covers the proposed purchase of property located at 2022 N. Federal Highway called Morey's Lounge. The proposal would be to acquire the property, demolish the structures and integrate the property into Boat Club Park. The purchase price of the property is $640,000. The costs will be allocated proportionately between the value of the licenses, the land and buildings. The County was approached to consider contributing $250,000 towards the purchase price. The County has not yet given their reply. The County has proposed a three-year payout of the $250,000 and the City would provide additional boat parking at their request. However, the Commission is being asked to approve the purchase of the property before the entire County Commission agrees to this arrangement. Closing of the property will not take place until the end of .luly and the contract could be cancelled for any reason. This should give the City enough time to work with the County and negotiate the required Tnterlocal Agreement. Mr. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach congratulated Commissioner McCray. Mr. Pereira would like to see the City purchase this property, but feels the price is too high. The value of the property according to the Property Appraiser comes to $173,000, whiCh does not include the licenses. Even though the appraisals are always lower than the actual value, Mr. Pereira would like the City purchase the property at a much better price. Attorney Cherof pointed out that the Commission tonight is being asked to consider this agenda item to be a preliminary approval of the contract only, even though the contract provides for a purchase price of $640,000. However, the money has not been allocated and this will be done after the survey is received. This means the item will come back to the Commission for consideration with the details before the end of July. Mayor Broening noted that the land consists of approximately one-third of an acre. Hr. Bressner said the item would come back to the Commission at its ,]uly 17th meeting with all the particulars. Motion Commissioner Ferguson moved for preliminary approval. Commissioner Fisher and carried 5-0. Motion seconded by 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 C. Review proposed the demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue at a cost not to exceed $250,000 (TABLED TO Mr. Bressner reported that this item was tabled to June 19th to allow representatives of the citizens' group to present information to the City Commission. A request for a six-month delay of the demolition of the building was also made. Staff is recommending that the Commission authorize a delay of approximately 60 days, which would take the item to the August 7th meeting, to allow City staff and the representatives to take four steps as follows: Il Jointly re-inspect the building using City resources and equipment. The City would escort representatives with the proper safety equipment into the building. To evaluate and update the earlier estimates of $3 million to $5 million to stabilize the building. Evaluate the pros and cons of historic designation of the building and the role of the City Commission. Evaluate the impact of demolition versus retaining the building for the CRA redevelopment plans. The 20/20 Plan did provide that the building would remain. The CRA plans show the building would be removed. Hr. Bressner estimated the costs to obtain outside architectural and engineering professionals would be around $7,500. Commission Fisher questioned the reality of $2 million to $3 million being raised, before the City spends $7,500. Mr. Mark Perry, the attorney representing the citizens' group, said he had no idea and was not certain if it was necessary to raise this large amount of money. Mr. Perry stated they would like to inspect the building to determine if the building could be rehabilitated. Co~.missioner Ferguson said that a time certain was necessary in order to make a decision. He would agree to 90 days. Commissioner Ferguson inquired if the architectural ins~pection would be performed by an outside agency, agreeable to both sides. Mr. Bressner responded this is correct and all parties would participate with the selection of the firm. Commissioner Ferguson stated he would contribute $2,500 from his discretionary funds towards the cost of the inspection. Commissioner Ferguson inquired if it was determined that it would cost $3 million to rehabilitate the building, he would like to know its intended use. Further, he stated if the citizens' group came up with $1.5 million, he would be in favor of matching the funds and mOving ahead with the rehabilitation. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 COmmissioner McCray inquired how much money has been raised to date and Mr. Perry was not certain on this. Mr. Perry thought the item would not be addressed until the .lune 19t~ meeting and was not prepared to answer questions tonight since he did not learn that it would be on tonight's agenda until yesterday. Mayor Broening also felt it was important to have some practical use for the building, to which Mr. Perry agreed. The use of the building would be added as the 5th step to the previous 4 steps. Motion Commissioner Ferguson moved to proceed with the inspection of the building at a cost not to exceed $7,500 and the time pedod be changed from 60 days to 90 days. Also the 5th option to come up with some concrete uses for the 37,000 square feet of space would be included with the other 4 steps. Motion seconded by Vice Mayor Weiland. Motion carried 5-0. Mayor Broening stated that he would also contribute $2,500 from his discretionary funds towards the cost of the inspection. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. FUTURE AGENDA TTEMS: D= Ea Status report on new meeting schedule for advisory boards (June 19, 2001) Economic Development Ordinance (June 19, 2001) Presentation by Quantum Partners on Land Development Options (June 19, 2001) Workshop on Fire Assessment Process and Program 5:00 p.m. on .lune 19, 2001 Status Report on Girl Scout Park (.June 19, 2001) Status Report on Dog Park (June 19, 2001) 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 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 .1ULY 3RD) Community Development Block Grant Program. Review of One-year Action Plan (_luly 3, 2001) I. Comprehensive Plan Amendments (.luly 3, 2001) ]. Status Report on Charter School Proposal (July 3, 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) -.luly 17, 2001 L. Project Team Reports (From 55 Strategic Initiatives): 1. 2.10 2. 6.5 3. 6.9 4. 1.2 5. 5.1 6. 5.2 Permit & Development Review Process (June 19, 2001) Citywide Storm Drainage Project (]une 19, 2001) Capital Improvement Program (July 3, 2001) Arts Commission Project (July 3, 2001) Holiday Program (July 17, 2001) TNT Concerts (July 17, 2001) Mr. Bressner noted that the Arts Commission Project has been moved back to the second meeting in August. Community Development Block Grant - Review of Grant Applications (August 7, 2001) N. Review of City Noise Regulations (August, 2001) IX. DEVELOPMENT PLANS: None 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. 01-25)- TABLED ON 5/15/01 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 Mr. Herb Su~ss, a resident of Boynton Beach, said he is against the ordinance. Mr. Suss felt that by changing the election from March to November the City would lose its identity. Because there could be many items on the November ballot, he felt that by the time voters got to the City items, they may not feel like voting. Further, Hr. Suss is against extending any Commissioners' terms for an additional six months. Mr. Terry Pereira spoke in favor of the ordinance and would like to see the elections moved to November. Mr. Pereira pointed out that the City will save money and he felt that the voter turnout would be much larger than in March and people who go to the polls to vote would vote for everything on the ballot. Mr. Mike Fitzpatrick, 101 SW 4th Avenue, Boynton Beach, thought that the elections were moved to March originally because the November ballot was so large. Mr. Fitzpatrick felt that the election of City Commissioners would be at the bottom of the ballot and as a result, would not receive as much attention. Also, he felt that the Commissioners running for office would not be able to assist other candidates that are running for State and County offices. Mr. Fitzpatrick felt that people who vote in the November elections are there to vote for President, not for City Commissioners, whereas people who come to the polls in March are there for a specific purpose (i.e., to vote for City Commissioners). Mr. Fitzpatrick suggested that the elections remain in March, but to change the voting date to a week-end tO increase turnout. Discussion ensued among the Commissioners about changing the date from March to November. Commissioner Fisher stated if this Ordinance is approved, and he chooses to run for office again, his term would be moved to November. Therefore, when voters voted on the referendum that stated it would not include the current Commissioners, it would not be a true statement if the ordinance is approved. Mayor Broening said he had a concern that if the elections were changed to November, it would become partisan. Currently, this does not happen with March elections and the Commission candidates are non-partisan. MOtion Commissioner Ferguson moved to approve O01-25. Motion seconded by Vice Mayor Weiland. AttOrney Cherof pointed out that the item on tonight's agenda is to consider formalizing the process of changing the election date from March to November and that an Ordinance would have to come back to the Commission. Notion carried 4-1 (Commiss/onerF/sher d/ssenb'ng). 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 B. Multi-Sport Venue Proposal for Boynton Beach Area Commissioner Ferguson stated he requested this item be placed on the agenda. He stated that he had sent a letter to 25 of his constituents suggesting three items. The first item discussed revising the water rates to encourage water conservation. The second item was the Greenways. The third item was consideration of building a sports stadium, particularly baseball stadium, at the intersection of Gateway Boulevard and T-95. The stadium would be a multi-use stadium, with a retractable roof, which would include not only baseball, but also other sports. Tt would require a bond issue. He envisions that baseball would occupy 85 days a year of use and that perhaps concerts, football, exhibitions and meetings would use up another 180 days per year. Commissioner Ferguson calculated that the City might receive up to 3% of the gate, which could generate $5.4 million in revenue to the City. Some ancillary benefits from hotels and motels and restaurants in the surrounding area might generate another $4.6 million. Tn addition 1,000 jobs would be created. Tt has been determined that the costs to study the feasibility of a sports stadium might cost upwards of $45,000 in consulting fees for traffic and legal studies and an economic survey, which Commissioner Ferguson would not like the City to incur. Commissioner Ferguson mentioned that the newspaper over the weekend stated that he would expect to receive a finder's fee, which is totally incorrect. Commissioner Ferguson said because he is an elected official he would neither accept nor consider a finder's fee. I~lr. Herb Suss took the podium and stated that he received this correspondence from Commissioner Ferguson and that he required some legal clarification. He asked if it was legal for a Commissioner to bring up this project and then vote on it. IVlr. Suss read from the correspondence that he received from Commissioner Ferguson, which he asserted contradicted what Commissioner Ferguson said. Mayor Broening asked Attorney Cherof to respond to Mr. Suss. Attorney Cherof said that it is virtually impossible to apply a legal opinion to a hypothetical question. Attorney Cherof felt that the letter was simply put out to stimulate some interest in a stadium. IVlayor Broening pointed out that Commissioner Ferguson requested that the item be PlaCed on the agenda at the agenda preview meeting. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5,2001 Mayor Broening said he is amenable to accepting Commissioner Ferguson explanation of the issue regardless of the letter or what appeared in the newspaper. What Commissioner Ferguson has stated tonight will become part of the record and will be in the minutes. Mayor Broening further stated that the City of Boynton Beach's administration is not currently pursuing or considering a professional sports arena for the City. It is a concept that was initiated by a citizen, who also is an elected official, The City has not received any formal proposal for a sports arena at this time and it would be inappropriate to offer comment on the merits of a plan that the City has not seen. Commissioner Fisher asked if a motion was necessary and Mayor Broening said the discussion was merely informational. Mr. Bressner also responded that staff has not been authorized to spend any time or effort on this project and until such time as the Commission authorizes staff to do so, nothing will be done. Mr. Bressner stated he prepared a press release on this issue strictly to state that it was not appropriate for the City to comment in the absence of any specific direction from the City Commission XT, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-21 Re: Approving the rezoning of a ± 53.69 acre scrub preserve (Seacrest 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. Motion Commissioner Ferguson moved to approve Proposed Ordinance No, 01-21. Vice Mayor Weiland 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 (Rosemary Scrub Preserve) from "Single Family Residential" (R-l) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Attorney Cherof read proposed Ordinance No, 01-22 by title only. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Motion June 5, 2001 Commissioner Ferguson moved to approve Proposed Ordinance No. 01-22. Vice Mayor Weiland seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. 3. PropOsed Ordinance No. 01-23 Re: Motions to Reconsider Attorney Cherof read Proposed Ordinance No. 01-23 by title only. Mayor Broening inquiredi why the Community Redevelopment Agency and the Code Compliance Board were not included in the Ordinance and only the Planning and Development Board was included? Attorney Cherof stated there is no reason why these rules could not apply to those Boards. Attorney Cherof noted that the Ordinance was initially drafted with development projects in mind and Mayor Broenlng thought that the CRA should at least be included. Attorney Cherof further respondedl that it falls into the category of not being considered and the CRA was not considered When the Ordinance was drafted. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-23. Vice Mayor, Weiland seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 01-24 Re: Code Amendment- Noise Control - Prohibited Acts Attorney Ch(~rof read Proposed Ordinance O1-24 by title Only. Motion Commissioner Fisher mo~ Ferguson seconded the unanimous. B. 'ed to approve Proposed Ordinance No. 0:[-24. Commissioner "notion. City Clerk Prainito polled the vote. The vote was Ordinances- 1~t Reading 1. Proposed Ordinance No. 01-26 Re: Amending the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject ± 0.73-acre property for A Pink Princess 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 Motion Attorney Cherof read proposed Ordinance No. 01-26 by title only. Commissioner Ferguson moved to approve Proposed Ordinance No. 01-26. McCray seconded the motion. City Clerk Prainito polled the vote. unanimous. 2. Commissioner The vote was Proposed Ordinance No. 01-27 Re: Approving the rezoning of ± 0.73-acre property from Office Professional (C-1) to Neighborhood Commercial (C-2) for A Pink Princess Attorney Cherof read Proposed Ordinance O1-27 by title only. Motion Commissioner IvlcCray moved to approve Proposed Ordinance No. 01-27. Ferguson seconded the motion. City Clerk Prainito polled the vote. unanimous. C. Resolutions: Commissioner The vote was None D. Other: XII. None UNFINISHED BUSINESS: XIII. OTHER: A. Informational Items by members of the City Commission 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 5, 2001 X~W. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 9:30 p.m. Recording Secretary (three tapes) ,~mmissioner 24 STATE SENATOR RON KLEIN Prepared for the Boynton Beach City Commission 3333 SOUTH CONGRESS AVENUE -SUITE 305A ,DELRAY BEACH, FLORIDA 33445 · (561) 274-4777 · (561) 279-1990 FAX E-MAIL ADDRESS: klein.ron.web@leg.state.fl.us The 2001 Legislative Session proved to be very productive. I felt that the Senate was deliberative regarding many issues of importance, and I am pleased with our acco~nplishments. Listed below are some bills and appropriations which passed durinlg this session that may be of interest to you and your members. Taxation/Communications Services SB 1878 (This was a priority of the League of Cities) This legislation established a unified communications taxation scheme for the state. Laws of Florida combined the seven different types of communications taxes and fees into a two-tiered tax composed of a state tax and a local option tax on communications services. It combined the sales tax on communications services, the local public services tax, and local franchise fees on telecommunications companies and cable companies, allocated the gross receipts tax on communications services, and provided a permit fee option for local governments. Election Reform Package SB 1118 This legislation eliminates punch card voting, offers a provisional ballot to a voter whose name does not appear on the precinct register, provides guidelines for automatic machine and/or hand recounts, clarifies the definition of voter intent, extends certification deadlines for supervisors of elections, implements an overseas voter protection act to ensure all Florida voters in uniform are ensured their right to vote, updates absentee ballot procedures, provides for poll worker training, voter education funding, and ensures that each polling place will post a voter's bill of rights. Aopro~riations Issues: Pending potential vetoes by Governor Bush, the following appropriations were included in the final budget adopted by the Legislature: Widen and Resurface SR 804 - SR 7 (US 441) to Florida Turnpike $4,700,0O0 Safe Communities Lifelong Mobility Center/Elder Mobility Project $120,606 Palm Beach County Truancy Interdiction Program $250,000 Palm Beach Opera Theater $500,000  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for bela,wand give to the Cit lerk prior to the start of the City Commission Meeting.~ Name ~~ ~ ~,~~_ Address ~ J' ~' ~'~' / ~~~e~ Matter to be Addressed/ a person decides to appeal any decision made by,he City Commi~ion w~ respect to'ny matter considered at this meeting, he/she wffi need a record of the proceed~gs and, for su~ purpose, he/she may h~d to ensue that a verbatim record of the proceadin~s made, which record ~cludes ~e testimony and ~d~c~ upon which the appeal ~ to be based ~F S 286 01051 The Cit ' ' ..... '' ~ ' ' ' ' ' ' y sh~ furnish appropriate a~a~ a~ds and semc~s where necessary to afford an indi~dual wi~ a d~ability an equal opportuni~ to pa~icipate in and enjoy the benefits of a se~ice, program, or acti~ty conducted by the Ci~. Please contact Joyce Costello, (561) 742-6013 at least ~enty-four hours prior to the pro.am 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 # Summary of Matter to be Addre,, If a person decides to appeal any decision made by the City with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upo~ appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and 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 / Summary of Matter to be Addressed ~ ~////~ ~lJ ~ Ct~}rl-g' ~ Iwfi~1 Pne(:~ dree~~' ot~ t~PeP;~loca~eYdidne~Sia°n~oardesubcY;~ur{p~sYe~ :~s~S;i~na;intehe~e~oPeeClstu°r~n~t a~t;~r~;~d~i~t otfh~;er tlo~neg;dihne~/:~es 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 accommodat~ your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Name Address Telephone # Summary of Matter to be Addressed ~ Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. 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 shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disab/lity an equal opportunity to participate in and enjoy the benefits of a service, program, or activ/ty conducted by the City. Please contact Joyce Costello, (561) 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Cler~or to the start of the City Commission Meeting. x Name ~ ~~ ~ ~ J Address Telephone # Summa~ of Matter Al/~enda # 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 give to the City Clerk prior to the start of the City Commission Meeting.~. . . ~ {~ ~ Name ~/~ lLC'~ ~ ~ ~ ~]/~ ~f'/{f~ C~. Telephone ~ 7~ ~-- ~,7 ~ ~ Summary of Matter to be Addi 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, (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 FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City C1/~ prior to the start of the City Commission Meeting. Name ~'~d/'~., Z, ~A~ [~ ~// //// Address 3~..~~/~a Telephone# _~,'_~/~ Summary ofMa,:ter to be Addre~sed~/ ~C22~r'~// ~~~~~/~ If a person decides to al will need a record of th made, which record incl' The City shah furnish opportunity to i participl Costello, (561)742-6011 your request. peal any decision made by the City Commission with respect to any matter considered at this meeting, he/she · . proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is ~des the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal te in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate 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 pr'/~rr to the start of the City NameCommission Meeting. Address Telephone # .~ Summary of Matter to be Addrested If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Nam~ Address Telephone 4/ Summary of Matter to be Ad~l~essed/~ 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 base& (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 Name Address Telephone # Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. /~//~ ,~ ~ \J? __~ //~ Summary of Matter/~to be~Addl~essed j/~_/ff_/~// 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, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: JANET BOYCE VARIANCE APPLICANT'S AGENT: Janet Boyce APPLICANT'S ADDRESS: 937 SW 34th Court z.. DATE OF CITY COMMISSION PUBLIC HEARING: June 5, 2001 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 937 SW 34th Court DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant __ HAS X 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 "D" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. X 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~ANET BOYCE VARIANC~DEVELOP N~T DER REAR SETBACK. DOC EXHIBIT "C" Conditions of Approval Project name: Janet Boyce File number: ZNCV-01-007 (rear yard setback) Reference: Zonin~ Code Variance Application dated March 28, 2001. 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 PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS ~,~ O iq ~- ~' 1 To be determined. S:\PLANNING\SHARED\WP\PROJECTSklANET BOYCE VARIANCE\COND. OF APPR P&D REAR SETBACK.DOC