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Minutes 11-13-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 13, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Lance Chaney from St. John Missionary Baptist Church offered the invocation. The Pledge of AHegiance to the Flag was led by Vice Mayor Jose Rodriguez. CANVAS OF ELECTION RETURNS AND DECLARATION OF RESULTS OF ELECTION. City Clerk Prainito read the election results as follows: District I: District II: District IV: Don Fenton - 467 Ronald Weiland - 1,319 Woodrow Hay - 423 Brian Miller - 356 Victor Norfus - 134 Sergio Casaine - 152 Marlene Ross - 271 . Presentation of Service Plaques to Mayor and City Commissioners Mr. Bressner presented plaques of appreciation to Commissioners Carl McKoy and Mack McCray. He thanked them both for their many years of dedication and service to the City of Boynton Beach. Commissioner McKoy thanked all the citizens who allowed him to serve as a Commissioner. He vowed to continue his work in the community and provide assistance for the citizens. Commissioner McCray expressed his appreciation to all the citizens and his fellow Commissioners even though there were many differences of opinion. He hoped the new Commissioners would work well together and be true to themselves. 1 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Mr. Bressner then presented plaques to Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland, thanking them for their many hours of dedicated service to the citizens and the City of Boynton Beach. . Administration of Oath of Office to Commissioner - District I/Remarks City Clerk Prainito administered the Oath of Office to Commissioner Ron Weiland representing District I. Commissioner Weiland thanked all the voters for their support and indicated he hoped a positive attitude of working together would continue to allow the City of Boynton Beach to grow. . Administration of Oath of Office to Commissioner - District II/Remarks The Oath of Office was then administered to Commissioner Woodrow Hay representing District II. Commissioner Hay stressed it was his goal to work together to move the City forward. . Administration of Oath of Office to Commissioner - District IV/Remarks Commissioner Marlene Ross took the Oath of Office as Commissioner for District IV. Ms. Ross thanked all her supporters who assisted her during the campaign. She looked forward to working as a Commissioner and serving the City of Boynton Beach. She wished both Commissioners McCray and McKoy best wishes in their future endeavors. . Selection of Vice Mayor Mayor Taylor opened the floor for nominations for Vice Mayor. Commissioner Weiland nominated Vice Mayor Jose Rodriguez to serve as Vice Mayor. Commissioner Hay questioned if it was permissible for the current Vice Mayor to serve another year as Vice Mayor. Attorney Cherof distributed a memo he had prepared addressing the question. (Copy on file in the City Clerk's office) He advised that the term of Vice Mayor runs from November to November and any appointment for a shorter time period would not be considered a term. The following explanation was read into the record: "With respect to whether the Vice Mayor, Rodriguez, is eligible to be appointed Vice Mayor, please recall that on January 16, 2007, following the death of Vice Mayor Bob Ensler, Commissioner Jose Rodriguez was designated the Vice Mayor. The Charter provision for filling a Vice Mayor vacancy is silent as to whether a replacement Vice Mayor is credited with serving a term as Vice Mayor. In the same manner that an appointment to a Commission vacancy does not constitute a term of office for term limit purposes, it would be a fair interpretation that an appointment to finish the remaining portion of a. term as Vice Mayor similarly does not constitute a term. This latter interpretation can be premised on a determination by the City Commission that the one year term for Vice Mayor runs from November to November to coincide with Commission elections as described in Charter Section 23 and Code Section 2-1.2, and that anything short of a one year term triggered by a vacancy, is not in fact a term. " 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Commissioner Ross seconded the nomination of Vice Mayor Rodriguez. The nomination passed unanimously. . Administration of Oath of Office to Vice Mayor City Clerk Prainito administered the Oath of Office to Vice Mayor Rodriguez. He thanked the Commission for their vote of confidence in him to continue to serve as Vice Mayor. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted there were two items that had been requested to be tabled to November 20, 2007. Michael Weiner, representing the applicant, had requested Item VIlLA. be tabled to the next meeting. The applicant for Gulfstream Gardens had requested the discussion involving annexation into the Community Redevelopment Agency area in Item XLA be postponed until November 20, 2007. Motion Commissioner Weiland moved to postpone and table both Item VIlLA. and Item XLA. to the November 20, 2007 meeting. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Adoption Motion Commissioner Weiland moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor complimented the Police Department on achieving accreditation for another three years. He also congratulated the three newly elected Commissioners and hoped, as a team, they could all make great strides for the City of Boynton Beach. Commissioner Weiland echoed Mayor Taylor's hope that the Commission could work as a team to have a better City. He also reported many citizens had been complaining about the bulk rate for trash pickup and indicated amnesty days were being considered to assist in beautifying the City of Boynton Beach. Commissioner Weiland also requested that the Arts ordinance be revisited and perhaps modified. Vice Mayor Rodriguez congratulated not only the newly elected Commissioners, but also all the candidates. He emphasized running a campaign is difficult and all the candidates should be congratulated for their desire to support the City of Boynton Beach to grow. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Mayor Taylor announced his suggestion that a half day retreat be held for the benefit of the newly elected Commissioners to discuss the current and future goals of the Commission and the City. All department heads could also outline their department's functions and future to acquaint the new Commissioners with the City's operations. Commissioner Hay advised he looked forward to working as a Commissioner. He pointed out he had previously made plans to spend the Thanksgiving holiday.in Georgia with his family and would not be able to attend the November 20 City Commission meeting. However, he would be attending the preagenda meeting on November 16 and would be prepared to address any issues of concern he may have. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: 1. The December 4, 2007 City Commission meeting has been rescheduled to December 3, 2007 at 6:30 p.m., in the Chambers at City Hall in observance of Hanukkah. Mayor Taylor advised the December 4, 2007 City Commission meeting would be held on Monday, December 3, 2007 to avoid any conflicts with Hanukkah. B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by Victoria Williams, Consumer Outreach Coordinator, State of Florida, Department of Financial Services, on the My Safe Florida Home Program. Victoria Williams, Consumer Outreach Coordinator, discussed the My Safe Florida Home Program and urged all citizens to take advantage of the free home inspection and pOSSible grant monies to make their homes more hurricane safe. She noted huge savings had been reported by homeowners after receiving the inspections and encouraged all citizens to utilize the program for assistance. Ms. Williams requested the assistance of the City and the Commission in educating more homeowners on the benefits of participating in the program. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Pastor Lance Chaney, 238 Birch Street, presented .excellence awards to past Commissioners McCray and McKoy for their service to the entire community. Listening to the voices of the people throughout the City and lending assistance whenever and wherever possible was an attribute of both dedicated servants. Herb Suss, 1711 Wood Fern Drive, congratulated the new Commission and hoped the City could now move forward. Mr. Suss noted The Links golf course was again feature in the Golf Digest and commended the management and staff at the course. Mr. Suss also requested information on the status of the Boundless Playground and reiterated his belief that a portion of the park should be named in memory of the late Vice Mayor Ensler. It was also suggested that desalination be considered as a solution to the water emergency and staff should begin investigating the process. Mayor Taylor responded the $2M spent to date for the Boundless Playground was for design work. Steven Miller, 27a Crossings Circle, suggested the Commission consider moving the election to another timeframe. His request was based on the very low voter turnout for the election held on November 6, 2007. Mr. Miller felt the timing of the election and ways to encourage participation should be investigated. Mayor Taylor agreed a review of the issue was warranted and requested a discussion of the matter be placed under Item X. Future Agenda Items. Lee Wische, 1302 SW 1st Court, congratulated the newly elected Commissioners and hoped harmony would prevail. Mr. Wische also inquired into the status of the Purple Heart Road to the Ocean 95 Plaza. The owner of many of the parcels, Bill Winchester, had expressed to Mr. Wische his desire to assist in the development of the road to the industrial site. Jeff Livergood, Director of Public Works and Engineering, responded the selection of a consultant was progressing to determine the viability of a southern route. Both Mr. Bressner and Mr. Livergood acknowledged they would discuss the issue with Mr. Winchester. Bro. Victor Norfus, 261 Palmland Drive, congratulated the new Commission. His candidacy had opened new doors for him and he pledged he would continue with his endeavors in District II. His campaign for change would continue as a community effort. Mark Karageorge, 248 Main Boulevard, agreed with a retreat for the new Commission to set goals and objectives. Mr. Karageorge noted there would be future discussion on the Amercian Assembly and urged the Commission to review the recommendations of the various subcommittees. He also applauded the City Services Institute as an exceptional, informative 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 program on the workings of municipal government. His participation in the program had been an exceptional learning experience and he encouraged more citizens to participate. John McGovern, 2620 Spiceberry Lane, related his positive experience with the My Safe Florida Home Program and asserted it was the gift that kept giving in savings on insurance and home repairs after a storm event. He also alleged any consideration of desalination for the water supply should be carefully investigated as the residue was a poison that had negative impact on the people and the ecology. Mr. McGovern agreed the low voter turnout for the past election was a serious problem that should be addressed by the Commission. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Lee Wische, a regular member of the Planning and Development Board. Motion Commissioner Weiland moved to accept the resignation of Lee Wische as a regular member of the Planning and Development Board. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Hay emphasized Mr. Wische had been an asset to the community and the Planning and Development Board for his longevity and dedication. He saw Mr. Wische as a wealth of knowledge and informed citizen. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) IV McKoy Code Compliance Board Alt 9 mo term to 12/07 Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 III Rodriguez Community Relations Board AIt 9 mo term to 12/07 IV McKoy Community Relations Board Alt 9 mo term to 12/07 I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/0lTabled (2) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07 I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Mayor Taylor announced all new board appointments would be made at the first meeting in December. New appointments at this time would not be appropriate. There was consensus to table all appointments at this time. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Minutes - October 12, 2007 2. Regular City Commission Minutes - October 16, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid #074-2510- 07/JA, to LAMONS WELDING AND DESIGN of Boynton Beach, Florida, for an estimated two-year expenditure of $200,000. Commissioner Hay pulled Item VI.B.1. for discussion. 2. Approve a "ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE BOYNTON BEACH TENNIS CENTER" to Susan B. Goodman and Geoffrey Cobb of Boynton Beach, Florida, RFP #002-2710-08/0D (Proposed Resolution No. R07-J29) 3. Award the "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS", BID #077-2730-07/0D, to NW Sign Industries, Inc. of Moorestown, New Jersey in the amount of $49,385. Vice Mayor Rodriguez pulled Item VI.B.3. for discussion. 4. Approve a lease agreement with ACME AUTO LEASING, LLC of North Haven, CT, BID #076-2110-07/0D, with an estimated annual expenditure of $27,300. (Proposed Resolution No. R07-J30) 5. Approve a piggyback of General Services Administration. Contract (GSA) #GS-07F-9491G to purchase one (1) 4" Stationary Diesel Pump, Model CD 100M Critically Silenced Automatic Self-Priming Diesel Pumpset and PrimeGuard Controller with Float Assembly, for the Tuscany Bay Homeowners Association and the City of Boynton Beach for lift station #927 located in Tuscany Bay, in the amount of $28,580.29, from Godwin Pumps of America, Inc. of Bridgeport, New Jersey. The total of 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 $28,580.29 is to be shared 50% by the City and 50% by the Tuscany Bay Homeowners Association. C. Resolutions: 1. Proposed Resolution No. R07-131 Re: Amending Rule #18 of the Cemetery Rules & Regulations to include language that will clarify the placement of markers on an adult grave at Boynton Beach Memorial Park. 2. Proposed Resolution No. R07-132 Re: Approving and authorizing the execution of Amendment No.2, Task Order No. U05-01, Jordan, Jones & Goulding, Inc. (JJG) in an amount not to exceed $67,242 to provide construction administration, management, and field inspection for an extended construction period at the West Water Treatment Plant West WTP) Improvements, Phase IV. 3. Proposed Resolution No. R07-133 RE: Approving the transfer of local maintenance responsibility of the Southeast 23rd Avenue railroad grade crossing to Palm Beach County. 4. Proposed Resolution No. R07-134 RE: Approving and authorizing execution of the 2nd Amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to March 31, 2008. Vice Mayor Rodriguez pulled Item VI.Co4. for discussion. D. Return cash bond of $32,696040 to Stiles Construction Company for the project known as the Children's Services Council. E. Accept public status report on the results achieved by each program that received funding from discretionary Community Investment Funds available to each City Commissioner during the budget year. Vice Mayor Rodriguez pulled Item VI.E. for discussion F. Approve the naming of the Southeast Neighborhood Park to the "Betty Thomas Neighborhood Park" and allow a brief public comment period prior to the final vote. Mayor Taylor pulled Item VI.F. for discussion G. Authorize the use of $500 for Galaxy Elementary School from Mayor Taylor's Community Investment Funds. H. Authorize the use of $500 for The Dancer's Alchemy from Mayor Taylor's community Investment Funds. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Motion Vice Mayor Rodriguez moved to approve consent agenda items with the exception of B.1, B.3, CA, E and F. Commissioner Hay seconded the motion. The motion passed unanimously. VI.B.1 Award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid #074-2510- 07 jJA, to LAMONS WELDING AND DESIGN of Boynton Beach, Florida, for an estimated two-year expenditure of $200,000. Commissioner Hay requested clarification on the accountability on the need for repairs and completion of the repairs. Mr. Livergood responded the Solid Waste management staff is responsible for administering the dumpster program. Repairing and replacing the dumpsters is the focus of their efforts. The repair of dumpster lowers the costs. The staff monitors and tracks the repairs. Mr. Livergood would be personally responsible for the work. Motion Commissioner Hay moved to approve Item VI.B.1. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.B.3 Award the "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS", BID #077-2730-07jOD, to NW Sign Industries, Inc. of Moorestown, New Jersey in the amount of $49,385. Vice Mayor Rodriguez requested assurance~ that there was some coordination between the CRA and the City for the signage design and consistency. Wally Majors, Recreation and Parks Director, reported the CRA guidelines had been reviewed and attempts were made to be more consistent, not only within the parks, but also the entire City. Commissioner Weiland inquired about status of replacing the missing sign at the entrance to Boynton Beach on South Congress Avenue. Mr. Livergood pointed out the Capital Improvement Funds included monies for gateway signs at entry points on all major arterial roadways as well as some minor roadways. Efforts were coordinated with the CRA and the Public Arts Administrator. A temporary sign could be erected. Motion Vice Mayor Rodriguez moved to table Item VI.B.3. to December 3, 2007. Commissioner Weiland seconded the motion. The motion. passed unanimously. VI.CA. Proposed Resolution No. R07-134 RE: Approving and authorizing execution of the 2nd Amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 the replacement of the Wilson Center, extending the project completion date to March 31, 2008. Vice Mayor Rodriguez was not clear on the extension date. Mr. Majors explained the contractor was obligated to complete the project by December 17' 2007. To allow for any unexpected delays the extension was requested to March 31, 2008 as it related to the agreement with the County. Mr. Bressner stressed the date was to assure receipt of the grant monies from the County. Motion Vice Mayor Rodriguez moved to approve Item VI.CA. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.E. Accept public status report on the results achieved by each program that received funding from discretionary Community Investment Funds available to each City Commissioner during the budget year. Vice Mayor Rodriguez expressed concern with the organizations that did not respond to the request for information on the use of the funds. He questioned if any further inquires had been made and if a method of tracking those non-responsive organizations was in place. Mr. Bressner agreed to have Ms. Welsh make further inquiry and when requests for the funds were made, Mr. Bressner would advise if the organization had cooperated with the previous requests as part of the review recommendation. It would then be a policy decision for the Commission. VI.F. Approve the naming of the Southeast Neighborhood Park to the "Betty Thomas Neighborhood Park" and allow a brief public comment period prior to the final vote. Mayor Taylor acknowledged Betty Thomas was present and he had pulled the item for brief public comment. Mr. Majors reported Betty Thomas was an icon in the City of Boynton Beach. She has resided in the area since 1953. She taught in area schools from 1957 and was also a principal for many years within the school district. She is a member of the Woman's Club, Historical Society, American Legion Auxiliary, Schoolhouse Museum and a member of the Recreation and Parks Board for 25 years. It was an honor to give credit and pay tribute to Ms. Thomas for her dedication and years of service to the City of Boynton Beach. Mayor Taylor concurred Ms. Thomas was an icon in the City and this would be well deserved recognition. He presented Ms. Thomas with a plaque commemorating the naming of the park in her honor. Motion Commissioner Weiland moved to approve Item VI.F. Commissioner Hay seconded the motion. The motion was unanimous. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Description: B. Project: Agent: Owners: Location: Description: Makrista Baby (ADAP 07-002) Michael S. Weiner, Weiner & Aronson, P.A. Request for appeal of the administrative determination that the subject use, Makrista Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within the C-1 Office and Professional Commercial Zoning District. (Tabled to November 13, 2007) (Applicant requests postponement to November 20, 2007.) 2514 SW 12th Street (Brisson) (ZNCV 07-006) Mark and HolIi Brisson Mark and HolIi Brisson 2514 SW 1th Street Request for relief from the Land Development Regulations, Chapter 2. Zoning, Section 11. E. Swimming Pools, requiring a minimum rear setback of 8 feet from the property line for the construction of a swimming pool, to allow a rear setback of 2 feet; a variance of 6 feet within the R-1-AA single-family residential zoning district. (Tabled to November 13, 2007) Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Gabriel Weubben, Planner, reviewed the request and noted the hardship was a severe slope in the rear yard necessitating moving the pool closer to the rear property line. Staff had worked with the applicant to minimize the relief requested. He stressed the applicant was extremely cooperative and flexible. Staff recommended a three foot setback for a variance of five feet. The applicant had agreed with the change. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Vice Mayor Rodriguez confirmed the applicant was in agreement with the change. Mark Brisson, applicant, advised he agreed with staff's recommendation. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Motion Vice Mayor Rodriguez moved to approve Item VIII.B. with a rear setback of three feet and a variance of five feet. Commissioner Hay seconded the motion. The motion passed unanimously. c. Project: Agent: Owners: Location: Description: National Transmissions, Inc. (LUAR 07-004) Carl A. Cascio, P.A. Michael and Julia C. Dechants 502 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); (1st Reading of Proposed Ordinance No. 07-035) and Request to rezone from C-4 General Commercial District to M-1 Industrial District (1st Reading of Proposed Ordinance No. 07-036) Attorney Cherof administered an oath to all those intending to testify and read Proposed Ordinance No. 07-035 and Proposed Ordinance No. 07-036 by title only. The applicant agreed to consolidation of the two requests. Gabriel Weubben, Planner, reviewed the request and noted it was a small scale amendment and would not require State review prior to adoption. The City is seeking to increase the amount of industrial land within the City east of 1-95 and the property does accomplish the task. It would not create an isolated district. The CRA had designated the area as a priority for industrial land preservation and conversion. Concurrency would not be an issue. Staff recommended the request be approved. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Mayor Taylor added the CRA had approved the request. Motion Commissioner Weiland moved to approve Item VIII.C. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner Hay moved to approve Proposed Ordinance No. 07-036. Vice Mayor Rodriguez seconded the motion. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 Vote City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: A. Overview of the City's practices and procedures regarding drinking water disinfection. Mr. Bressner noted although the City of Boynton Beach water source is shallow wells, the treatment and distribution of the water is the same as other municipalities. The two plants have different filtration systems and technology; however the maintenance of the quality of the water is the same. Kofi Boateng, Director of Public Utilities, indicated approximately 10 to 15 years ago the City had put in place programs that prevent any backflow of contaminates from external sources into our system. By not using chlorine exclusively for disinfection the carcinogenic by-products have been eliminated. Once a year chlorine is used for a short period of time to clean the piping system to protect the integrity of the system. Mayor Taylor inquired if adequate resources were available to properly maintain the system. Mr. Boateng advised the resources have been made available. (Vice Mayor Rodriguez left the dais at 8:04 p.m.) Commissioner Weiland suggested Mr. Boateng address the issue of the available water supply. Mr. Boateng advised the water supply was analyzed through 2025 and a program was developed to meet the needs of the City. One of the options investigated was desalination which was considered far too expensive an undertaking. Another option considered was pulling surface water from Lake Okeechobee area which was also determined to be too expensive. Other approaches were investigated also in terms of technology, cost and maintenance over the lifetime of the system. The chosen method allowed the use of the existing system. (Vice Mayor Rodriguez returned to the dais at 8:06 p.m.) The present plan is to pipe the raw water from the West Plant to the East Plant that has a larger treatment capacity. Eventually the West Plant would be converted to a reverse osmosis technology. Also additional water would be obtained from the Floridan Aquifer to supplement the raw water supply. Ongoing negotiations with the South Florida Water Management District should result in alternative ways to compensate for the water deficiencies that currently exist and maintain the health of the environment. Mayor Taylor explained deeper wells are being drilled to find another source of water to be processed through the West Plant. Commissioner Weiland noted the Department was very proactive. Commissioner Hay inquired if the water supply would be unlimited from the Floridan Aquifer. Mr. Bressner predicted the South Florida Water Management District may place limitations on 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 allocations of the supply to assist other municipalities. Mayor Taylor emphasized there is an agreement with the County to supply an additional five million gallons a day; however, it has not been necessary to make the request. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January 2008 B. Discuss possible funding of Board Recognition Dinner - December 2007 B. American Assembly Implementation Status Report - December 2007 XI. NEW BUSINESS: A Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (Postponed at request of applicant to November 20, 2007) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 07-033 RE: Amending the City of Boynton Beach Code of Ordinances, Chapter 2.5, "Alarm Systems," to update the Code and for tracking false alarms. Attorney Cherof read Proposed Ordinance No. 07-033 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-033. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-034 RE: Amending Chapter 26, "Water, Sewers and City Utilities", Amending Section 26-34, "Capital Facilities Charges and Connection Charges", Paragraph (A), .14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 "Capital Facilities Ch~rge Imposed", to exempt outdoor restaurant seating from the payment of 'Water and sewer capital facilities charges. Attorney Cherof read Proposed Ordinance No. 07-034 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Vice Mayor Rodriguez recalled the intent of the proposed change was to eliminate the fee to merchants with outdoor seating, especially in the CRA district. The idea was then expanded throughout the City. He suggested in light of possible loss of further revenue, that the CRA should reimburse the City $126,000 for the loss of revenue over five years. Mayor Taylor appreciated the Vice Mayor's perspective, but felt it affected the entire City. The CRA monies should be spent for redevelopment and revitalization. Commissioner Weiland understood the CRA had already agreed to provide $600,000 for additional police officers and undertook the expense of special events. He agreed it would become a City-wide issue as development continued along the Congress Avenue corridor. Vice Mayor Rodriguez clarified the CRA carried over a balance of $1.3M from last year's budget creating more opportunity for expenditure than the City had at its disposal. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-034 with the recommendation it be sent to the CRA for approval of funding back to the City of Boynton Beach. Mayor Taylor declared the motion died for lack of a second. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-034. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading None D. Resolutions: None 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 13, 2007 E. Other: None XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:22 p.m. ATTEST: Commissioner - Ron Weiland .' : J 'l" (Et ">7 //t -"; ......7-'-'" tl-- ' -- (4...".....' 1 ""'-l,..' ~ Xicith A. Pyle . _j7 vDeputy City Clerk- commiSSiO~? wOodro.W.W L..~ ~/;?~~~ Commissioner - Marlene Ross 17 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 2514 SW 1 ih Street (Brisson Variance) .- ; .... Q)u C COlD =- "'e .: :i~ DJI....uu ~ c::-,.., ~N:a=~:; ~clJ~ g'g go CD.aJwoo Mark and HolIi Brisson APPLICANT'S AGENT: APPLICANT'S ADDRESS: 2514 SW 1ih Street, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 13,2007 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring a minimum rear setback of 8 feet from the property line for the construction of a pool, to allow a rear setback of 2 feet, a variance of 6 feet within the R-1-AA Single-family Residential zoning district. LOCATION OF PROPERTY: 2514 SW 1ih Street DRAWING(S): SEE EXHIBIT "E" ATTACHED HERETO. 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: DATED: 1. 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 Appli'3nt '" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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 issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ,1-/~-07 S:\PlanningISHAREDIWPIPROJECTSI1370 SW 26th Avenue (Kervern)IDO.doc EXHIBIT "G" Conditions of Approval Project name: 2514 SW 12th Street File number: ZNCV 07-006 Reference: DEP ARTMENTS INCLUDE REJbLl PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Reject the requested 6-foot variance and approve a 5-foot variance consistent X with staff recommendation. S:IPlanningISHAREDlWPIPROJECTS\2514 SW 12 Street-BrissonICOA.doc