Minutes 07-03-01 (2) MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, JULY 3, 2001 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Mike Ferguson, Commissioner
Charlie Fisher, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
OPENINGS:
Call to Order - Mayor Gerald Broening
]:nvocation, Mayor Broening
Pledge of Allegiance to the Flag led by Mayor Broening
Mayor Broening called the meeting to order at 6:38 p.m. The Mayor offered the invocation,
followed by the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMTSSION:
FILL OUT THE APPROPRIATE RE(~UEST FORM
GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORT]:ON OF THE AGENDA HAS BEEN COMPLETED.
COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
There were no additions, deletions or corrections to the agenda.
Motion
Commissioner Fisher moved to approve the agenda.
motion that carried unanimously.
Commissioner Ferguson seconded the
PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
Herb Suss thanked the Commission for his appointment to the Library Advisory Board. He
requested that the City Commissioners donate some of their discretionary money toward library
books. He also suggested that an individual be able to serve on more than one advisory board.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
'3uly 3, 2001
Margaret Newton, 701 NW 4th Street, spoke on three issues:
· She was concerned regarding the dangerous situation as you enter 1-95 going north at
Boynton Beach Boulevard. She urged that the Commission address this issue with the DOT.
· Ms. Newton thanked the Boynton Beach Animal Rescue for finding her lost dog and for
being so caring.
· She suggested that an information package be sent to all new advisory board members
letting the Boards know the diversity of the citizens of the City of Boynton Beach.
Dee Zibelli, 440 Ocean Parkway, had a concern regarding Boynton Beach having a sister
city in China. She questioned who is going to China on taxpayers' money and who pays for
Chinese representatives to come here. She spoke of a repressive regime in China, their human
rights policy, the conflicts between China and Taiwan, and the growing arsenal of nuclear
weapons. She suggested that we should pick a city more in tune with the policies of our
country.
IZZ. ADMINISTRA'r~VE:
A. Resignation of David Katz from the Community Relations Board
Motion
Commission Fisher moved to accept the resignation of David Katz from the Community
Relations Board, effective at noon on July 3, 200:[. Vice Mayor Weiland seconded the motion
that carried unanimously.
B. Appointments to be made:
Appointment
To Be Made
Length of Term
Board Expiration Dat¢
Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 (Tabled-3)
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
(Tabled-3)
(Tabled-3)
IV Fisher Cemetery Board Reg 3 yr term to 4/04 (Tabled-3)
Mayor Broening Code Compliance Board
Alt :[ yr term to 4/02 (Tabled-2)
Mayor Broening Education Advisory Board Reg 2 yr term to 4/03 (Tabled-3)
! Weiland Education Advisory Board Alt I yr term to 4/02 (Tabled-3)
I! McCray Education Advisory Board Stu 1 yr term to 4/02 (Tabled-3)
IV Fisher Golf Course Advisory Committee Alt 5 yr term to 6/06 (Tabled-3)
Mayor Broening Golf Course Advisory Committee Alt 5 yr term to 6/06 (Tabled-3)
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3~ 2001,
Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/03
I Weiland Nuisance Abatement Board Alt 1 yr term to 4/02
! Weiland Recreation & Parks Board Alt 1 yr term to 4/02
I! McCray Senior Advisory Board Alt 1 yr term to 4/02
(Tabled-3)
(Tabled-3)
(Tabled-3)
(Tabled-3)
Vice Mayor Weiland appointed Bill Orlove as an alternate member of the Recreation & Parks
Board.
Mayor Broening appointed David Katz as a regular member of the Nuisance Abatement Board.
All other appointments were tabled.
Motion
Commissioner Ferguson moved to accept the appointments.
motion that carried unanimously.
Vice Mayor Weiland seconded the
ZV. ANNOUNCEMENTS & PRESENTATTONS:
A. Announcements:
4m of July BIG BLAST event at Boat Club Park on Wednesday, July 4,
2001, 6-9 PM,-hosted by the City of Boynton Beach Recreation
Department
Name of the T.N.T. Concerts has been changed to "Oceanfront Concert
Series." These concerts take place the third Friday of the month (except
March) at Boynton Beach Oceanfront Park from 6 - 9 PM
Oceanfront Concert Series on July 20, 2001, 6-9 PM, at Oceanfront Park -
Straight Shooter Band (Country)
Wally Majors, Recreation Director, made the above announcements.
B. Presentations:
1. Proclamations:
a. , "Carolyn Sims Day"-July 1, 2001
Mayor Broening read the proclamation and presented a plaque to Carolyn Sims. Mrs. Sims
thanked her husband and family. She thanked the City for this recognition and said she will
continue to do her best.
MeeUng Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
V. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Min utes:
1. Agenda Preview Conference of.lune 14, 2001
2. Regular City Commission Meeting of June 19, 2001
Bids - Recommend Approval - All expenditures are approved in the 2000-2001
Adopted Budget
Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH
COUNTY, BID #00C-37J to Rexel/Consolidated Electrical Supplies for the
purchase of two Siemens adjustable frequency drives in the amount of
$41,851.65
Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH
COUNTY, BID #00C-iP to Forestry Resources Landscape Supply for the
purchase of mulch with estimated expenditures of $18,350
Rescind award for the "ANNUAL BID FOR PREPARATION AND PAINTING
OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)," BID #045-
2821-01/KR, to I.R. Construction 8, Hi Tech Painting, Tnc. in the amount
of $30,000 & Award the "ANNUAL BID FOR PREPARATION AND
PAINTING OF WATER AND WASTEWATER PTPELTNES (ABOVE GRADE),"
BTD #045-2821-01/KR, to Roger Allison Painting, Inc. in the amount of
$38,000
C. Resolutions:
Proposed Resolution No. R01-212 Re: Approving and
executing Task Order #01-03 with Metcalf & Eddy in the amount of
$43,480 for engineering services. These services are related to the first
phase of an inflow-infiltration study of the sanitary sewer system of
Master Lift Station 309 located near Hester Center
Proposed Resolution No. RO1-213 Re: Approving and
authorizing the Mayor to sign the agreement titled "Subordination of
Utility Interests to County of Palm Beach, Florida" for the Hypoluxo Road
project
Meeting Minutes
Regular City Commission
Boynton Beach~ Florida
.luly 3, 2001
Proposed Resolution No. R0:L-2:L4 Re: Ratifying
Letter of Appointment for Major John Smith, Police Department
a
Proposed Resolution No. R-01-215 Re: Ratifying
Letter of Appointment for Major Steve Graham, Police Department
Ratification of Planning & Development Board Action:
Marie Premier - 1521 NE 2"d Street (Lot #41, Block 17, First Addition to
Rolling Green Subdivision) - Request relief from the City of Boynton
Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B,
requiring a minimum rear setback of twenty-five (25) feet, to allow a 18.58
foot variance and an 8.42 rear yard setback for a tool shed on a R-I-A
zoned parcel (Planning & Development Board recommended
postponement until City Commission meeting of August 7, 2001)
Cosmetology School in C-1/Boynton-Catalina - 1753 North Congress
Avenue - Request to amend Chapter 2, Zoning, Section 6.A.l.n and
6.A. 1 .o to allow cosmetology schools as permitted uses in the C-1 zoning
district, which would also allow the use in the C-2, C-3 and C-4 zoning
districts (Planning & Development Board recommended request be
denied; however, they recommended that staff recommendation be
approved, which is to amend the zoning code to allow cosmetology
schools as conditional uses in th e C-3 zoning district)
Approve the request by Mr. Richard A. Madnick of Golden Transportation, ]:nc.
for a Certificate of Public Convenience and Necessity
Approve the purchase of a 5-Gang Pull Behind Jacobsen Mower with accessories
from Kilpatrick Turf in the amount of $17,000. The purchase from Kilpatrick Turf
will be $1,902 less than the General Services Administration (GSA) Contract #GS-
06F-0042K pricing
Ratify the ~lune 18, 2001 authorization by the Acting City Manager to effect a
not-to-exceed $24,700 emergency gravity sewer main repair located at 1931
North Seacrest Boulevard
Approve the "piggy-back" of Palm Beach County, Contract #GPS-1 to BAE
Systems ADR, [nc. for updating the digital G]:S land base maps in the area of
Federal Highway and vicinity' (i.e., Area #1), for the lump sum fee of $59,575
Review and approve recommendations for expenditure of Community
Development Block Grant (CDBG) funds for FY 2001-02
Approve proposed Community Reinvestment Activities - $2,000 for uniforms and
sports equipment for Police Athletic League, suggested by Commissioner McCray
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Meeting Minutes
Regular City Commission
Boynt0n Beach, Florida
3ulv 3, 2001
Motion
Commissioner Ferguson moved to accept the consent agenda.
the motion that carried unanimously,
Commissioner Fisher seconded
V~. CZTY MANAGER'S REPORT:
Proposed Interlocal Agreement for the acquisition of real property for park
improvements (Morey's) between the City of Boynton Beach and Palm Beach
County (Proposed Resolution No. R01-216)
City Manager Bressner requested that this item be tabled because Palm Beach County will not
be meeting on this until .luly 10t".
Motion
Commissioner Ferguson moved to table Resolution No. R01-216. Vice Mayor Weiland seconded
the motion that carried unanimously.
Discuss adoption of a Comprehensive Water Conservation Strategy for all water
customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1sr - WILL
BE DISCUSSED ON 3ULY 3R°)
Assistant City Manager Dale Sugerman stated that the draught is not over and Lake
Okeechobee has not increased much and we still have mandated water restrictions in effect.
He presented a report regarding the ten options for a comprehensive water strategy. Listed
below are the options and the consensus from the Commission,
:1.. Continue to do nothing different or new. Leave things the way they are.
The Commission was not in agreement with this,
]:mplement a further reduction of system water pressure (leaving the water treatment
plants) during selected times. This would reduce the amount of water that is used by
automatic sprinkling systems.
The Commission was ih favor of this option.
3'. Provide for greater enforcement of the current water restrictions. This would not mean
adding any additional officers for enforcement, but rather would mean a redirection of
how we currently deplOY our resources.
The Commission was in favor of this option,
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
3uly 3, 2001-
4. Develop an enhanced public information campaign.
· Create a Citizens' Advisory Board to advise the Commission on the use, or abuse, of
water.
· Tnstall additional median warning signs advising the public about the nature and current
status of the drought.
· Tnstall a center-of-city water pumpage tote board. (Fashioned after the not-for-profit
type organizational thermometers). A month to month reduction in water usage would
be shown on the tote board. ]:f the community were successful at reducing usage, it
would be reflected on the tote board. ]:f the community is not successful at reducing
usage, that would be reflected as well.
· Develop a series of bill stuffers that would specifically be geared toward focusing in on
issues and impacts of the South Florida drought.
· Conduct visitations at customer sites. This could include holding public meetings at
Home Owner Associations and also making inspections of the common areas of HOA's
(where it is typical that no one is taking responsibility for cutting back the usage of
water).
The Commission was in favor of the above options with the exception of creating another
advisory board.
5. Modify the rates.
· Tmplement a temporary conservation rate schedule (as has already been proposed by
staff).
· Commission a Cost-of-Service study by an engineering firm to look at all rates. This
cost-of-service study will take into consideration not just temporary conservation rates,
but will look to the future on all utility activities, including water re-use rates.
· ]:mplement a permanent rate adjustment (that builds in economic conservation
enforcement), such as the one suggested by Commissioner Ferguson.
The Commission was interested in a Cost-of Service rate study. This would be performed by an
outside engineering firm and would cost approximately $25,000.
Develop a new cib/wide landscaping policy that encourages water conservation, rather
than the current one that encourages water usage.
· This would take 'the development of a revision
Development RegulaUon standards.
· Promote the use of Iow-flow irrigation systems.
· Handate the installation of rain sensor devices.
to the City Code and the Land
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
The Commission suggested that new standards could possibly apply to future development in
the City. City Manager Bressner said staff might need assistance from universities for technical
assistance.
6b. Create incentives for participating in the new landscaping policy.
· Grant awards for good users.
· Grant awards for retrofitting Iow-flow systems.
· Sell (or give away) native shade trees at Iow prices.
The Commission was in favor of the last two items of 6b.
7. Establish and promote a citywide re-use plan/utility.
Recently, staff has been meeting with the Director of the Regional Wastewater plant to
talk about expansion of the re-use system. This is a viable alternative, but its
implementation will take considerable time and additional expense.
This was a high priority of the Commission.
]:ncrease wellfield production and expand water treatment plant capacity, using sources
that are nearly unlimited.
The South Florida Water Management District has indicated to City staff that they are
receptive to our use of Floridan wells. These wells are 700 - 900 ft. deep (running much
deeper than our current surficial wells) and they cost between $600-$700K to install.
They are expensive to install and the permitting process would be rather tricky. Tn
addition, the treatment process is considerably more intense and more expensive.
However the use of water from a Floridan well would be unrestricted.
The Commission was in favor of beginning this process now. Tt will take 3 to 5 years. An
analysis and feasibility study will take approximately 6 to 9 months according to the Utilities
Department.
9. Encourage (or mandate) the use of sub-metering.
Currently, a significant number of residential usage is through a master meter. That is,
multi-family homes, condominiums and apartments are served by a master meter. Each
individual unit does not have its own meter, so to those customers, the use of water is
seemingly unlimited. While this option is very expensive to implement, studies have
shown that submetedng can help to reduce usage between 20 and 40 percent.
l't was agreed that this option could apply to future construction and there could be a rebate for
retrofitting.
Bob Ensler stated that Hunters Run is the only community in the City using effluent water.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
3uly 3, 2001
Terry Pereira, 7692 Colony Lake Drive, is in favor of strategy #3 (enforcement of water
restrictions) and #5 (water rates).
City Manager Bressner complimented staff for their work on the water strategies report. Mr.
Sugerman said the credit should go to the Water Resources Team.
City Manager Bressner will report back to the Commission on a monthly basis regarding these
strategies.
B. Discuss Community Tnvestment Fund
One of the items under consideration for Community Investment funding is a clock at the Old
School. This clock is currently under funded. The cost would be approximately $26,000 and
there is a shortage of $10-11,000. When asked whether the Commission wanted to fully fund
this item, the following donations from their Community Tnvestment Funds were made:
Commissioner Ferguson
Vice Mayor Weiland
Mayor Broening
$2,000
Ss, ooo
$4,000
City Manager Bressner requested that the Commissioners indicate their allocation of Community
Tnvestment Fund dollars by August 1~t so that Finance can close out their books for the fiscal
year.
Commissioner Fisher asked whether the Commission would consider allowing Community
Tnvestment Funds to be used for college scholarships awarded by the Advisory Board on
Children & Youth. This idea was tabled to a future meeting as it would require a change of
rules by the Commission.
V*rl, PUBLTC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS
Project: Goldsmith Dental Lab
Agent: N/A
Owner: Jesse Goldsmith
Location: 2404 s. Seacrest Boulevard
DescdpUon: Request for conditional use approval for a dental laboratory in the
C-1, Office/Professional zoning district at 2404 S. Seacrest
Boulevard
There was no one who wished to speak regarding this application.
Motion
Vice Mayor Weiland moved to approve the conditional use approval for a dental laboratory in
the C-1, Office/Professional zoning district, at 2404 S. Seacrest Boulevard. Commissioner
Ferguson seconded the motion that carried unanimously.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
3uly 3, 2001
Project:
Agent:
Owner:
Location:
Description:
Elementary School 97-M
Harry Fix
Palm Beach County School Board
South side of Hypoluxo Road between Congress Avenue and
Lawrence Road
Request to annex a ±4.0 parcel, to reclassify the property from
MR-5 (Palm Beach County designation) to Moderate Density
Residential (MoDR), and to rezone from AR (Palm Beach County
district) to R-1 Single Family Residential (7.26 du/ac)
There was no one in the audience who wished to speak on this application.
Motion
Vice Mayor Weiland moved to approve the request to annex the ±4.0 parcel, to reclassify the
property from MR-5 (Palm Beach County designation) to Moderate Density Residential (MoDR),
and to rezone from AR (Palm Beach County district) to R-1 Single Family Residential (7.26
du/ac). Motion was seconded by Commissioner Ferguson and carried unanimously.
Project:
Agent:
Owner:
Location:
Description:
School 98-1
Angela Usher
Palm Beach County School Board
West side of South Congress Avenue, south of Golf Road and
adjacent to the north side of the Lake Worth Drainage District
Lateral Canal 28 (L-28)
Request to annex a ±18.03 acre parcel, to reclassify the property
from MR-5 (Palm Beach County) to Public IA Private
Governmental/Tnstitutional (PPG]:), and to rezone from Agricultural
Residential (Palm Beach County zoning district) to Public Use (PU)
There was no one wishing to speak on this application.
Motion
Commissioner McCray moved to approve the request for annexation of the ±18.03 acre parcel, to
reclassify the property from MR-5 (Palm Beach County) to Public & Private
Governmental/Institutional (PPGI), and to rezone from Agricultural Residential (Palm Beach
County zoning district) to Public Use (PU). Motion was seconded by Commissioner Ferguson
and carried unanimously.
Project:
Agent: .-
Owner:
Location:
Description:
RGRS, Inc.
Richard Gesheidt
RGRS, Inc.
North side of West Boynton Beach Boulevard between Winchester
Park Boulevard and Knuth Road
Request to annex a 0.615 acre parcel, to reclassify the property
from Agriculture (Palm Beach County classification) to Local Retail
10
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
Commercial, and to rezone from High Intensity Commercial (CH8)
(Palm Beach County zoning) to Community Commercial (C-3)
There was no one in the audience wishing to speak on this application.
Commissioner Fisher inquired whether Homeowners Associations' Board of Directors could also
receive notices in addition to notices sent to owners within 400 feet of the property when
zoning issues are involved. City Manager Bressner said that this could be done by staff.
Motion
Commissioner Ferguson moved to approve the request to annex the 0.615 acre parcel, to
reclassify the property from Agriculture (Palm Beach County classification) to Local Retail
Commercial, and to rezone from High Intensity Commercial (CH8) (Palm Beach County zoning)
to Community Commercial (C-3). Commissioner Fisher seconded the motion that carried
unanimously.
VZTZ. FUTURE AGENDA ZTEMS:
A. Status report on new meeting schedule for advisory boards (.~uly 3, 2001)
B. Comprehensive Plan Amendments (3uly 17, 2001)
City Manager Bressner stated that there was some concern by residents regarding the "Mixed
Use" designation. Property that is now Low Density Residential is being considered for "Mixed
Use" in the Comprehensive Plan Amendments. Tt was confirmed, however, by Dick Hudson,
Senior Planner from the Planning & Zoning Division, that property currently being used
as single family could not be used as anything else unless rezoning occurred.
Quintus Greene, Director of Development, stated that their goal was to bring the
Comprehensive Plan into compliance with the Federal Highway Corridor Plan.
Commissioner Fisher had concerns that if the Comprehensive Plan Amendments were passed, a
future City Commission could change the zoning and Commissioner Fisher would like to protect
the single family zoning in place now. He questioned whether the Commission could mandate
that the current zoning remain in effect. He also asked that the Amendments not apply to
property so far east of'Federal Highway.
Vice Mayor Weiland shared the same concerns.
City Manager Bressner questioned whether it was fair of this Commission to say how the City
should look in future years and leave no room for change. Revisions to the Comprehensive Plan
provide options in the future.
Mayor Broening said the Comprehensive Plan should reflect a professional view of what is
appropriate for a particular area. He stated that his home is located in a Mixed Use area but
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
.luly 3~ 2001
still zoned residential. He said the market drives any future changes and he does not see a
problem. The City has a responsibility for a long range plan for potential use of land.
City Manager Bressner .suggested that two ordinances be prepared - one with staff
recommendations to change the land use designation in the shaded area of the exhibit to Mixed
Use and one that retains the current Low Density Residential parcels as Low Density Residential
with the remainder as Mixed Use.
There was discussion regarding placing this on the July 11~ Special Meeting agenda because
Vice Mayor Weiland will be on vacation for the meeting of July 17~,
City Attorney Cherof stated that the July 17th date has already been advertised; therefore, this
matter cannot be heard at the July 11th meeting.
The Commission will be making a motion to transmit the Land Use Amendment to the State on
July 17u~. Planning & Zoning staff will prepare two letters for the State- one with mixed use
and the other one retaining single family use for the enclave and the Commission will have the
ability to read both and vote on one.
C. Holiday Lighting Proposal (July 17, 2001)
Policy on City Commission Participation at Commission meetings via telephone
(July 17, 2001)
Project Team Reports (From 55 Strategic Initiatives):
1. 6.9 Capital Improvement Program (July 17, 2001)
2. 5.1 Holiday Program (July 17, 2001)
3. 5.2 Oceanfront Concert Series (July 17, 2001)
4. 1.2 Arts Commission Project (September 18, 2001)
Application for funding from County DIP funds for 17m 8~ Seacrest Boulevard
Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape
Island Improvements (DIP) - August 7, 2001
Ge
Approval of Community Development Block Grant (CDBG) FY 2001-02 Action
Plan (A~gust 7, 2001)
H. Review of City Noise Regulations (August 2001)
Mayor Broening declared a'10-minute recess at 8:40 p.m.
The meeting was reconvened at 8:52 p.m.
DEVELOPMENT PLANS:
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Meeting Minutes
Regular City Commission
Bovnton Beachr Florida
.lulv 3, 2001
X. NEW BUS~ZNESS:
A. Review draCt of Fire Assessment Rate resolution
City Manager Bressner stated that the original plan called for a public hearing on the fire
assessment rates for August 28m, However, since the City, and not Palm Beach County, will be
mailing the invoices this first year, the public hearing can be held at the regular City
Commission meeting on September 4th. This was agreeable with everyone. There will be two
rate options (option B and option B-l) submitted for Commission approval depending on how
institutional not-for-profit uses are treated.
X~. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 01-25 Re: Changing the date of
municipal elections from the second Tuesday in March to the first
Tuesday in November
City Attorney Cherof read Proposed Ordinance No. 01-25 by title only.
Mayor Broening announced the public hearing.
Bob Ensler spoke against the ordinance, He felt that having the City election in March
separated it from the political process and that getting more people out to vote in November
does not necessarily mean better voting.
Herb Suss was against the ordinance. He does not want Boynton Beach to lose its identity.
Dee Zibelli spoke against the ordinance because it would create partisanship in our elections
and could affect term limits. She stated that having the election in March would make the
ballot less confusing She thinks the issue should be decided by the voters of Boynton Beach.
Beverly Agee, 832 SW 33 Place, favors the ordinance, She stated that the ultimate goal is
to have more people vote and moving the election to November would get more voters out.
Bob Foot, 2400 SW 1~ Street, is against the ordinance because the City election will not get
the attention of the voters in November.
There being no one else present who wished to speak, the public hearing was closed.
Motion
Commissioner Ferguson moved to
seconded by Commissioner McCray.
approve Proposed Ordinance No. 01-25. Motion was
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Meeting Minutes
Regular City Commission
Bovnton Beach~ Florida
3uly 3r 2001
Vice Mayor Weiland stated that he will vote "nay" on this, hoping to be on the prevailing side
because he wants to have the City election in November but prefers to have the Commission
terms shortened six months rather than extended six'months. If this item is denied tonight, he
will ask that it be put on a future agenda and have the terms shortened six months rather than
extended.
City Clerk Prainito polled the Commission. The motion failed 2 to 3 with Mayor Broening, Vice
Mayor Weiland and Commissioner Fisher dissenting.
Proposed Ordinance No. O~.-28 Re: Approving revisions to
the Cross-Connection control and Backflow Prevention ordinance,
modifying the types of backflow prevention units that are acceptable in
certain circumstances, and requiring increased backflow protection in
areas served by wastewater reuse systems
City Attorney Cherof read Proposed Ordinance No. 01-28 by title only.
There was no one present who wished to speak on this item.
Motion
Commissioner Ferguson moved to
seconded by Commissioner McCray.
unanimous.
approve Proposed Ordinance No. 01-28. Motion was
City Clerk Prainito polled the Commission. The vote was
Proposed Ordinance No. 0:L-29 Re: Regulating the use of
public rights-of-way for communications facilities
City Attorney Cherof read Proposed Ordinance No. 01-29 by title only.
There was no one present who wished to speak on this item.
Motion
Commissioner Ferguson moved to approve Ordinance No. 01-29. Vice Mayor Weiland seconded
the motion. City Clerk Prainito polled the Commission. The vote was unanimous.
~,. Proposed Ordinance No. 01-30 Re:
Of Parking Regulations
Initiating Fee-In-Lieu-
City Attorney Cherof read proposed Ordinance No. 01-30 by title only.
Vice Mayor Weiland stated that he is in favor of initiating a fee in lieu of parking regulations.
He said that this was brought to the Community Redevelopment Agency (CRA) for their review,
not for their decision or advice. Vice Mayor Weiland would like to review this ordinance further
and postpone this for one month.
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
.luly 3, 2001
Commissioner Ferguson would like to have the CRA review the ordinance and get their
recommendations but he thinks this can be amended later and thought the Commission could
vote for this ordinance tonight.
Bob Ensler agreed with Vice Mayor Weiland. He agrees with the ordinance but disagrees with
the process. The CRA should have had more decision on this ordinance.
Quintus Greene, CRA Director, stated that this ordinance was brought to the CRA on two
different occasions - at the CRA Workshop on Saturday preceding the CRA meeting and at the
CRA meeting the following Tuesday. There was considerable discussion on this item.
Vice Mayor Weiland said he spoke to CRA members and they did not think they had any input.
Motion
Vice Mayor Weiland made a motion to table this item to the first meeting in August in order to
give the CRA time to look into this and advise the Commission of different ways to implement
this plan. Motion died for lack of a second.
Mayor Broening said he read the minutes of both CRA meetings and got no indication that there
was a lack of due process.
City Manager Bressner said the concept has been embraced by the CRA and the only question
was the period of implementation.
Mr. Greene stated that the implementation and amounts charged were the only items
questioned. The concept was approved by the CRA.
Vice Mayor Weiland said this item needs more discussion on numbers and the time frame.
Mayor Broening reminded the Commission that at the last City Commission meeting, they had
reached a consensus on this and he was in favor of moving forward.
Motion
Commissioner Ferguson moved to approve Ordinance No. 01-30. Commissioner Fisher
seconded the motion. City Clerk Prainito polled the Commission. The vote was unanimous.
5. Proposed Ordinance No. 01-31 Re:
for CRA
Economic ]:ncentive
City Attorney Cherof read Proposed Ordinance No. 01-31 by title only.
There was no one present who wished to speak on this item.
Motion
Commissioner Fisher moved to approve Ordinance No. 01-31. Commissioner Ferguson
seconded the motion. City Clerk Prainito polled the Commission. The vote was unanimous.
15
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
Proposed Ordinance No. OZ-32 Re:
Planned In dustrial Development District (PID)
Economic Incen~ve -
City Attorney Cherof read Proposed Ordinance No. 01-32 by title only.
There was no one present who wished to speak on this item.
Motion
Commissioner McCray moved to approve Ordinance No. 01-32. Commissioner Fisher seconded
the motion. City Clerk Prainito polled the Commission. The vote was unanimous.
RECONSTDERATLON
Proposed Ordinance No. 01-25 Re: Changing the date of municipal elections
from the second Tuesday in March to the first Tuesday in November
Motion
Commissioner Fisher moved to reconsider the motion for Proposed Ordinance No. 01-25
regarding changing the date of municipal elections. Motion was seconded by Commissioner
Ferguson. .
Commissioner Fisher stated that he did not want to extend his term; however, he did not think
it was fair to shorten the two year term to which he had been elected.
The motion to reconsider was approved unanimously.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-25.
seconded by Commissioner McCray. City Clerk Prainito polled the Commission.
carded 3 to 2 with Mayor Broening and Vice Mayor We,land dissenUng.
Motion was
The motion
B. Ordinances- im Reading
Proposed Ordinance No. 0:L-33 Re: Amending Chapter
23, Parking Lots, Article I, Section 3(A), adding a new exemption from
parking requirements
City Attorney read Proposed Ordinance No. 01-33 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-33.
seconded by Commissioner Fisher. City Clerk Prainito polled the Commission.
unanimous.
Motion was
The vote was
i6
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
Proposed Ordinance No. 01-34 Re: Authorizing the
imposition and collection of fire rescue assessments against property
City Attorney Cherof read Proposed Ordinance No, 01-34 by title only.
Vice Mayor Weiland stated that he is not in favor of this ordinance and he will bring out valid
points at the second reading of the ordinance.
Motion
Commission Fisher moved to approve Proposed Ordinance No. 01-34. Motion was seconded by
Commissioner Ferguson. City Clerk Prainito polled the Commission. The motion passed 4 to 1
with Vice Mayor Weiland dissenting.
Proposed Ordinance No. 01-35 Re: Annexation of a ±4.0
acre parcel of land to be the site of a new elementary school
(97-M)
City Attorney Cherof read Proposed Ordinance No. 01-35 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-35.
seconded by Commissioner Fisher. City Clerk Prainito polled the Commission.
passed unanimously.
Motion was
The motion
Proposed Ordinance No. 01-36 Re: Land Use Amendment
for a ±4.0 acre parcel of land to reclassify from MR-5 (Palm Beach
County designation) to Moderate Density Residential (MoDR)
City Attorney Cherof read Proposed Ordinance No. 01-36 by title only.
Motion
Commissioner Fisher moved to approve Proposed Ordinance No. 01-36.
by Commissioner Ferguson. City Clerk Prainito polled the Commission.
unanimously.
Motion was seconded
The motion passed
Proposed Ordinance No. 01-37 Re: Rezoning of a +4.0
acre parcel of land from AR (Palm Beach County district) to R-1 Single
Fami!y Residential (7.26 du/ac)
City Attomey Cherof read Proposed Ordinance No. 01-37 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 01-37.
by Commissioner Ferguson. City Clerk Prainito polled the Commission.
unanimously.
Motion was seconded
The motion passed
17
Meeting Minutes
Regular City Commission
Bovnt0n Beach, Florida
3uly 3, 2001-
Proposed Ordinance No. 01-38 Re: Annexation of a
±18.03 acre property, which will be the site of a new elementa~ school
(98-I)
City Attorney Cherof read Proposed Ordinance No. 01-38 by title only,
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No, 01-38.
seconded by Commissioner Fisher. City Clerk Prainito polled the Commission.
passed unanimously.
Motion was
The motion
to Public Private Governmental/Institutional (PPGI)
City Attorney Cherof read Proposed Ordinance No. 01-39 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 01-39.
by Commissioner Fisher. City Clerk Prainito polled the Commission.
unanimously.
Proposed Ordinance No. O1-39 Re: Land Use Amendment
for a ±18.03 acre property to reclassifi/from MR-5 (Palm Beach County)
Motion was seconded
The motion passed
Proposed Ordinance No. 01-40 Re: Rezoning of a ±18.03
acre property from Agricultural Residential (Palm Beach County zoning
district) to Public Use (PU)
City Attorney Cherof read Proposed Ordinance No. 01-40 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-40.
seconded by Commissioner McCray. City Clerk Prainito polled the Commission.
passed unanimously.
Motion was
The motion
Proposed Ordinance No. 01-41
acre parcel
Re:
Annexation of a 0.615
City Attorney Cherof read Proposed Ordinance No, 01-41 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 01-41.
seconded by Commissioner Fisher. City Clerk Prainito polled the Commission.
passed unanimously.
Motion was
The motion
18
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
3uly 3, 2001
10.
Proposed Ordinance No, O1-42 Re: Land Use Amendment
for a 0.615 acre parcel from Agriculture (Palm Beach County
classification) to Local Retail Commercial
City Attorney Cherof read Proposed Ordinance No. 01-42 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 01-42.
by Commissioner Ferguson. City Clerk Prainito polled the Commission.
unanimously.
NoUon was seconded
The'motion passed
11.
Proposed Ordinance No. 01-43 Re: Rezoning of a 0.615
acre parcel from High Intensity Commercial (CH8) (Palm Beach County
zoning) to Community Commercial (C-3)
City Attorney Cherof read Proposed Ordinance No. 01-43 by title only.
Motion
Commissioner Ferguson moved to
seconded by Commissioner Fisher.
passed unanimously.
approve Proposed Ordinance No. 01-43.
City Clerk Prainito polled the Commission.
Notion w~s
The motion
C. Resolutions:
None
D. Other:
Approve the negotiated settlement with Tiny Tikes Academy, claimant, in
the amount of $11,801.65
Motion
Commissioner Ferguson moved to approve the negotiated settlement with Tiny Tikes Academy,
claimant, in the amou.nt of $11,801.65. Commissioner Fisher seconded the motion that carried
unanimously.
XZZ. UNFZNZSHED BUSZNESS:
XI:I:I. OTHER:
A. Informational Items by members of the City Commission
19
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
3uly 3, 2001
X:Lr¥. AD3OURNMENT:
There being no further business to come before the City Commission, the meeting was properly
adjourned at 9:45 p.m.
ATTEST:
Deputy City Clerk
(4 tapes)
nmmissi°ner
2O
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Goldsmith & Shenker Dental Lab
APPLICANT'S AGENT: Jesse Goldsmith
APPLICANT'S ADDRESS: 207 SE 23rd Avenue, Boynton Beach, Florida 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3, 2001
TYPE OF RELIEF SOUGHT: Conditional Use Approval for dental laboratory in a
C-1 zoning district.
LOCATION OF PROPERTY: 2404 S.Seacrest Blvd., Boynton Beach, Florida 33435
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
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
X; HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: 7-.~ -OI
J:\SHRDATA~Planning\SHARED\WP\PROJECTS\Goldsmith & Shenker Dental Lab~D
EXHIBIT "C"
CONDITIONS OF APPROVAL
Project name: Goldsmith & Shenker Dental Laboratory
File number: COUS 01-002
Reference: 2ND review plans identified as Conditional Use Site Plan. File # COUS 01-002 with a May 29, 2001 Planning
and Zoning Department date stamp marking.
DEPARTMENTS I INCL~E I REmCT
PUBLIC WORKS - General
Comments: NONE
PUBLIC WORKS - Traffic
Comments: NONE
UTILITIES
Comments: NONE
comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments:
1. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
PARKS AND RECREATION
Comment: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments: NONE NOt~_. ~
l~/I~]g/ec
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