Minutes 09-18-08
MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON THURSDAY, SEPTEMBER 18, 2008
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Marlene Ross, Commissioner
Woodrow L. Hay, 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 Reverend Greg Fitch, Police Chaplain
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
The meeting was called to order at 6:30 p.m. by Mayor Taylor. He noted the passing of Priscilla
Pat Servant, 87 years old, a Friend of the Library member and volunteer for approximately 10
years, who had been struck by a car while crossing the street. She would be sadly missed by
family and friends. An invocation was given by Reverend Greg Fitch, Police Chaplain. Mayor
Taylor led the Pledge of Allegiance to the Flag. Mayor Taylor also noted the passing of Patti
Hammer, an advisory board member and active community leader, who lost her battle with
cancer.
D. Agenda Approval:
1. Additions, Deletions, Corrections
For the convenience of those present for Item IX.B. Review of NE 1th Avenue Canal, a request
had been made to table the matter to allow conversations between the Homeowner Association
and property interests to continue. The City of Boynton Beach was prepared to move forward.
Motion
Vice Mayor Rodriguez moved to table Item IX.B. to the first meeting of December, 2008.
Commissioner Ross seconded the motion. The motion passed unanimously.
The following items were requested to be added to the Consent Agenda for approval:
./' Authorize the use of $1,000 from Commissioner Weiland's Community Investment Fund
for the Green Market Incubator Project.
./' Authorize the use of $1,000 from Commissioner Weiland's Community Investment Fund
for the Dancer Alchemy for Southern Dance.
./' Authorize the use of $500 from Commissioner Weiland's Community Investment Fund
for the Jane E. Miller Scholarship Fund for Bethesda Hospital.
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./' Authorize the use of $2,000 from Vice Mayor Rodriguez's Community Investment Fund
for the Boynton Beach Woman's Club.
./' Authorize the use of $1,000 from Vice Mayor Rodriguez's Community Investment Fund
for the Community Caring Center.
./' Authorize the use of $2,000 from Commissioner Hay's Community Investment Fund for
the Boynton Beach Woman's Club.
./' Authorize the use of $1,693.75 from Commissioner Hay's Community Investment Fund
for the Community Caring Center.
./' Authorize the use of $26.12 from Commissioner Ross's Community Investment Fund for
the Community Caring Center.
Motion
Commissioner Weiland moved to add the items as discussed to VI. Consent Agenda.
Commissioner Hay seconded the motion. The motion passed unanimously.
Attorney Cherof requested an opportunity to announce the outcome of the Supreme Court
Strand decision under XII. Legal.
Motion
Vice Mayor Rodriguez moved to approve the agenda as amended. Commissioner Weiland
seconded the motion. The motion passed unanimously.
2. Adoption
1. Second Budget Public Hearing for Fiscal Year 2008/09 Budget
2.
Proposed Resolution No. R08-10S
Rate for Fiscal Year 2008/09
Re: Adopting the Final Millage
3.
Proposed Resolution No. R08-106
for Fiscal Year 2008/09
Re: Adopting the Final Budget
Attorney Cherof announced this was the second and final public hearing in a process outlined
under Florida Statute for adoption of the millage rate and budget for the 2008/2009 fiscal year.
The public was permitted to make any comments and ask questions regarding the proposed
budget. Attorney Cherof read Proposed Resolution No. R08-105 by title only.
Mayor Taylor opened the issue for public hearing.
Herb Suss, 1711 Woodfern Drive, complimented the Commission on the budget being done
without layoffs.
No one else coming forward, Mayor Taylor closed the public hearing.
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Motion
Vice Mayor Rodriguez moved to approve Resolution R08-105. Commissioner Hay seconded the
motion. The motion passed unanimously.
Attorney Cherof read Proposed Resolution No. R08-106 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
A discussion on the take-home police cars ensued. The final budget did fund the additional 16
police cars. A comparative review with other municipalities was conducted and it revealed the
City of Boynton Beach was one of only a few that did not charge some amount. Attorney
Cherof advised only with the consent of the Police Benevolent Association, the representative
for the police bargaining unit, could the issue be re-opened for discussion. A request would be
made to the bargaining unit to consider a cost share program. Attorney Cherof noted the City
Manager is required to bring to the Commission a budget that funds the collective bargaining
agreement as negotiated. Under Florida law on bargaining, the Commission is under an
obligation to fund the collective bargaining agreements as approved by the Commission. It
would not preclude a request to re-open negotiations on this specific point. It would be a signal
that the next negotiations would include the issue.
Chief Immler clarified that the current contract does include the take-home car program. Mayor
Taylor agreed with the suggested resolution; however, he noted employees other than police
have take-home vehicles and any cost sharing should encompass all take-home vehicles. Mr.
Bressner indicated a full report was being prepared.
Motion
Vice Mayor Rodriguez moved to approve Resolution R08-106.
Barry Atwood, Finance Director, explained changes in the resolution relating to the addition of
the utility capital improvement funding and the financing of the new police station. The
financing will have to be authorized by the Commission before any contract could be executed.
Commissioner Hay seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross announced the recent publication of the The Historian from the Boynton
Beach Historical Society, highlighted that the Florida Trust has listed the 1927 Old High School
as one of Florida's most endangered sites.
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There WJS discussion rdating to Commissioner Ross asked about the removal of Advisory Board
members based on absences. It ',;as The City Clerk noted three absences in a year would
generate a warning notice and the fourth absence would terminate participation.
Commissioner Weiland reported on the International Downtown Association Conference in
Calgary, Canada for the Community Redevelopment Agency. He noted there was huge savings
in a 100% green bathroom costing over $1 million. Commissioner Weiland also suggested a
homeless transition center would be beneficial for the entire County. It would involve many
volunteers, as well as private and governmental funding. He requested initial contacts be made
to ascertain the possibilities of public and private funding.
Mayor Taylor summarized his views on the conference. Economic difficulties enhance the need
for attendance at professional conferences. Boynton Beach can learn from other success
stories on the changing face of downtown. The Community Redevelopment Agency was
recognized for their 2007 Annual Report and given special international acknowledgement at
the awards luncheon. The conference covered areas on transportation, strategic planning,
public spaces, downtown leadership, marketing, external issues and internal operations,
neighborhood/commercial revitalization and real estate development. Vivian Brooks, Assistant
CRA Director, was one of the presenters on workforce housing solutions. There was insight
offered on the challenges and triumphants of municipalities during times of great growth and
development and a discussion of practical solutions and community based strategies that could
work in Boynton Beach's downtown. There was emphasis on green practices and the
importance of reducing the environment footprints. The City of Boynton Beach received
tremendous international exposure with a professional pamphlet that was distributed to all
attendees as well as the recognition of the CRA accomplishments. He also commented on the
art throughout the City and the attention generated by the art.
In discussions with County Commissioner Kanjian, the availability of $100,000 - $150,000 in
bond monies for parks in his district was offered. Staff would need to contact Commissioner
Kanjian requesting the funding as soon as possible. Vice Mayor Rodriguez noted Commissioner
Kanjian was a good friend to the City in his short tenure.
Mayor Taylor also announced on Monday, September 22, 2008 at the Old School Square in
Delray Beach, from 10 a.m. to 3 p.m., anyone having mortgage or foreclosure problems, could
be assisted by professionals to help solve their financial situation. The assistance is offered free
in cooperation with Representative Maria Sachs and the Mayors of Boca Raton, Delray and
Boynton Beach.
Commissioner Weiland noted a recent article in the Boynton Forum reported on a contract for
an additional tennis pro. It was believed the position of tennis pro had been eliminated. Wally
Majors, Director of Recreation and Parks, advised the article was in error. The City does not
employ a tennis pro, but services are provided on a contractual basis to provide lessons.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
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None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
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>
Alice Warren, 1719 Woodfern Drive, teaches adult education classes. She found fault with the
City of Boynton Beach offering the class, "Spanish for the Workplace". It was her contention that
Spanish speaking residents should be given the opportunity to learn English. She suggested the
class being offered should be removed or cancelled or replaced with an English speaking class.
Commissioner Ross responded the assumption should not be made that those unable to speak
English fluently are not trying to learn English. Mayor Taylor explained Boynton Beach is the only
City that has a workforce in-house literacy program during work hours. Commissioner Ross noted
the program is in cooperation with the Palm Beach County Literacy Coalition. Vice Mayor
Rodriguez emphasized many options are offered in the community for residents to engage in
different educational programs. Mr. Bressner indicated the program was developed based on
input from the customer base.
Rev. Lance Chaney, 4312 Comilla Boulevard, announced a program was being presented in
cooperation with the Palm Beach County Schools, Parents and Students for expelled students to
continue to be involved in educational class room hours. The program is held at the R.M. Lee
Education Building for middle school and high school students. Also, the St. John Missionary
Baptist Church would be celebrating 100 years of service to the community climaxing on October
28, 2008. Rev. Chaney distributed a copy of correspondence he had sent to the Palm Beach
County Election Officials and the City Commission concerning early voting in the eastern section of
the County. (Copy on file in the City Clerk's office) He urged the Commission to act as soon as
possible to establish an early voting site at the Boynton Beach Library. Various locations were
discussed as well as the possibility of flexing the hours of operation. It was agreed any
opportunity for an additional voting location should be explored. The cost and staffing issues
should be taken into consideration also.
Herb Suss, 1711 Woodfern Drive, suggested, due to a lack of voter confidence that all votes will
be counted, and as an alternative to early voting, that absentee ballots be cast and brought to any
republican or democratic office for delivery to the Supervisor of Elections office. Mr. Suss also
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urged citizens to participate in the Community Emergency Response Team (CERT) program to be
of assistance to others at all times and not just during disasters. Volunteerism is a self-fulfilling
experience. He also commended the golf course staff on the enhancement of granite stone
markers on each hole.
Victor Norfus, 261 N. Palm Drive, commended the Police Department for the recent arrests of
older criminals who were adversely influencing the young. He announced a Palm Beach candidate
forum would be held the third week of October in West Palm Beach and reiterated his request that
the Community Redevelopment Agency Board be given back to the citizens or that citizens be
added to the existing Board. Mr. Norfus was also researching black history of Boynton Beach for
the Heritage Festival to be held in February to highlight the accomplishments and struggles that
the community encountered. Lastly, Mr. Norfus asked that the Community Redevelopment
Agency get down to building and stop buyng properties.
Mark Karageorge, 240A Main Boulevard, commended the City on the programs being offered as
there were businesses that support the classes. He also indicated Commissioner Ross had
performed admirably while the other four members of the Commission were gone. He also was
pleased with the positive impact from the conference attended in Calgary and the recognition of
Ms. Brooks.
William VanRye, 3044 Quantum Lake Boulevard, indicated the local economy has a tourism
influx and Spanish is the number one foreign language. Having Spanish speaking businesses and
employees helps to attract the Latin tourists to the area who spend more money than English or
Canadian tourists per family. Visitors cannot become fluent in English while vacationing, so the
bilingual aspect is critical to attract that revenue.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Cemetery Board Alt 1 yr term to 12/08 Tabled (3)
I Weiland Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (2)
Weiland Community Relations Board Alt 1 yr term to 12/08
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
I Weiland Library Board Alt 1 yr term to 12/08
Mayor Taylor Library Board Reg 3 yr term to 12/09 Tabled (3)
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Mayor Taylor
I Weiland
Recreation & Parks Advisory Board
Recreation & Parks Advisory Board
Alt
Reg
1 yr term to 12/08 Tabled (2)
3 yr term to 12/09
I Weiland
II Hay
Veterans Advisory Commission
Veterans Advisory Commission
Alt
Reg
1 yr term to 12/08
3 yr term to 12/08
Motion
Vice Mayor Rodriguez moved to table all appointments. Commissioner Hay seconded the motion.
The motion passed unanimously.
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. Regular City Commission - September 2, 2008
2. Special City Commission - September 9, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Approve Change Order NO.1 to Bid #035-2821-08/0D, Reclaimed Water
System, Phase 1 for B&B Underground Contractors, Inc. in the amount of
$120,210 for potable water service under the FEC Railroad Crossing on
SE 1ih Avenue. (Proposed Resolution No. ROB-I07)
2. Award the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" Bid
#054-2730-08/JA to First Genesis Lawn Service Inc., Latona View Lawn
Crew Inc., Novo Arbor Inc., Superior Landscaping & Lawn Service, Inc.,
and Vila & Son Landscaping Corp. for an estimated annual expenditure of
$961,192.04.
3. Award the "Annual Contract for Brokerage Services for the Renewal of
the Current Insurance Programs", RFP #065-161O-08/JA to Public Risk
Insurance Agency with an annual expenditure of $12,000. (Proposed
Resolution No. ROB-lOB)
4. Approve the purchase of 10 STS5000 Mobile Display Radios and
associated accessories consisting of two batteries, one battery charger,
one shoulder microphone and a protective case per unit for a total cost
of $38,998.
C. Resolutions
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1. Proposed Resolution No. R08-l09 RE: Approving and
authorizing execution of the First Amendment of the Agreement between
Palm Beach County and the City for Recreation Assistance Program (RAP)
extending the completion date to September 30, 2008 to provide funding
not to exceed $7,000 to assist with the Heritage Festival.
Commissioner Hay pulled Item VI.C.1 for discussion.
2. Proposed Resolution No. R08-ll0 RE: Approving and
authorizing execution of an application and agreement for a Library State
Aid Grant.
3. Proposed Resolution No. R08-l11 RE: Approving and
authorizing execution of a "Two Year Contract for Life and Disability
Insurance Plans for the Employees of the City of Boynton Beach" with
Hartford Life and Accident Insurance Company for an approximate
annual premium of $312,500.
4. Proposed Resolution No. R08-112 RE: Approving and
authorizing execution of Task Order #U08-03-06 with Brown and
Caldwell for a Strategic Water Master Plan Update, in the amount of
$94,500.
5. Proposed Resolution No. R08-113 RE: Approving and
authorizing execution of an Agreement with Counseling Services
Institute, Inc. (CSI), the City's current Employee Assistance Program
(EAP) provider, for confidential professional employee assistance services
to the City of Boynton Beach employees and their dependents, for an
estimated annual expenditure of $10,500.
6. Proposed Resolution No. R08-1l4 RE: Approving and
authorizing execution of an Interlocal Agreement between the Board of
County Commissioners, Palm Beach County, FL and the City of Boynton
Beach, FL to enter into the third year of a three year Interlocal
Agreement to receive funding in the amount of $285,000 as a partner in
the continued planning and implementation of the Youth Violence
Prevention Program (YVPP) in the target area in the City of Boynton
Beach.
D. Approve the reduction of a letter of credit for Las Ventanas from $3,690,671.81
to $1,291,332.
E. Authorize compensating Kimley-Horn and Associates $22,719.80 for additional
services rendered during construction of the Wilson Park project.
F. Approve the updated Library Long Range Plan for 2008-2011.
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Commissioner Ross pulled Item VI.F. for discussion.
G. Authorize the use of $2,000 from Mayor Taylor's Community Investment Fund for
the Community Caring Center.
H. Authorize the use of $1,000 from Mayor Taylor's Community Investment Fund for
the Woman's Club.
I. Authorize the use of $2,000 from Mayor Taylor's Community Investment Fund for
the Women's Circle.
Motion
Vice Mayor Rodriguez moved to approve the Consent Agenda with the exception of Items C.1
and F. Commissioner Ross seconded the motion. The motion passed unanimously.
VI. C.1
Proposed Resolution No. R08-109 RE: Approving and
authorizing execution of the First Amendment of the Agreement between Palm
Beach County and the City for Recreation Assistance Program (RAP) extending
the completion date to September 30, 2008 to provide funding not to exceed
$7,000 to assist with the Heritage Festival.
Commissioner Hay established the grant represents reimbursement for the 2008 Heritage Festival
and grant monies would be sought for the 2009 celebration also. He presented Mr. Bressner with
the budget for the 2009 Heritage Festival to be used with the new grant application.
Motion
Commissioner Hay moved to approve Item VI.C.1. Vice Mayor Rodriguez seconded the motion.
The motion passed unanimously.
VI.F Approve the updated Library Long Range Plan for 2008-2011.
Commissioner Ross inquired if the State funding would continue through the year 2011 at
approximately $68,000. Craig Clark, Library Director, responded the formula is based on local
support for library services. He anticipated the amount would increase each year.
Motion
Commissioner Ross moved to approve Item VI.F. Commissioner Hay seconded the motion. The
motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
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VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
Aspen Glen (SPTE 08-005)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
East side of Lawrence Road, approximately 1,000 square feet
South of Hypoluxo Road
Request for a one-year site plan time extension for construction of
45 single-family zero lot-line homes on a 9.34 acre parcel, which
was approved on November 21, 2006 (NWSP 06-025), thereby
extending approval from May 21, 2008 to May 21, 2009.
Attorney Cherof administered an oath to all those intending to testify.
Mike Rumpf, Director of Planning and Zoning, located the project and reviewed the request. It
is a low density, single-family residential PUD project, designed along a central cul-de-sac
street. Permits have been received from various agencies outside the City and a utility permit
was issued by the City, as well as a plat issued to staff for review. Staff recommended approval
of the request with all the conditions of approval listed and an updated traffic concurrency
approval by Palm Beach County. The water reservation fee should be paid also.
Bradley Miller, Miller Land Planning Consultants, representing the applicant, noted this project
has gone forward much further than other projects in the City and the plan was to allow the
economy to stabilize to allow further funding to proceed. The applicant agreed with the staff
report and conditions of approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Ross moved to approve Item VIlLA. Vice Mayor Rodriguez seconded the motion.
The motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Description:
Goldsmith Dental Lab (COUS 08-004)
Jesse Goldsmith
Golden Chiropractic, PA
236 SE 23rd Avenue
Request for conditional use approval for a dental lab as required
within a C-1 Community Commercial zoning district.
Attorney Cherof administered an oath to all those intending to testify.
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Hanna Matras, Economic Planner, reviewed the request and located the property. She indicated
the adjoining properties have been occupied since 1988. The specific location was previously a
physical therapy office. There were no planned changes to the exterior except landscape
improvements. Staff recommended approval of the request as compatible to medical
professional offices subject to the one condition of approval relating to security lighting.
The applicant was present and acknowledged agreement with the recommendation and
condition of approval.
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 Item VIII.B. Commissioner Weiland seconded the
motion. The motion passed unanimously.
c.
Project:
Land Development Regulation (LDR) Rewrite Group 6 and
Project Update a portion of Group 6 (Chapter 4, Article XI
Flood Prevention)
City-initiated
A portion of Group 6 deliverable, pursuant to the LDR Rewrite
Work Schedule, which includes Chapter 4, Article XI Flood
Prevention.
Agent:
Description:
Changes include reformatting and reorganizing Chapter 20 of the
existing LDR so that flood prevention requirements are placed
within a separate article of Chapter 4 of the new Code.
Mr. Rumpf explained the parameters of the subset for the Group 6 deliverable.
(Mayor Taylor passed the gavel to Wee Mayor Rodriguez and left the dais at 7:53 p.rn.)
The changes addressed flood hazard reduction, areas of special flood hazards and areas of
shallow flooding. The section also contains standards and requirements of the National Flood
Regulations and the Community Rating System (CRS). The changes can ultimately affect flood
insurance rates for the property owners. The changes are minimal; mainly reformatting and
reorganizing the existing Land Development Regulations (LDR). Under the direction of the
Planning and Development Board the flood requirements were reviewed because some were
inflexible and restrictive. It is hoped that the current rating of eight can be improved to seven.
Possible improvements in the future may be necessary.
(Mayor Taylor returned to the dais at 7:55 p.rn.)
An update on the overall progress of the rewrite was given and noted in the staff report.
Generally the project is on-time and ultimate adoption is anticipated the first quarter of 2009.
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Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Vice Mayor moved to move forward with the rewrite. Commissioner Weiland seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Accept supplemental report to the American Assembly Gap Analysis on the Sub-
Committee recommendations that the City Commission would consider for
approval.
Carisse LeJeune, Assistant to the City Manager, reviewed the supplemental report and
recommendations, identifying the consistency of the recommendations with the final policy
statement and cost of any implementation and its progress.
Vice Mayor Rodriguez and the entire Commission commended the City Manager and Ms.
Lejeune on the report. It was discussed that the recommendations had to be viewed in light of
the fiscal year budget and many of the recommendations were not fundable. Alternatives for
more cost effective resolutions were addressed. Vice Mayor Rodriguez suggested the
Commission review the report and if an individual Commissioner wishes to bring anyone of
recommendations back before the Commission for funding, it could be determined at that time.
Motion
Vice Mayor Rodriguez moved to approve the supplemental report. Commissioner Hay seconded
the motion. The motion passed unanimously.
B. Review of NE 1th Avenue Canal - (Tabled on August 5, 2008 to September
18, 2008) (Request to be tabled.)
(This item was previously addressed and tabled.)
X. FUTURE AGENDA ITEMS:
A. Reconsideration of conveyance of Old High School from CRA to City of Boynton
Beach - October 7, 2008
B. S.E. 4th Street Corridor Improvement Project - Review and discussion of project
scope and budget - October 7, 2008
C. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - November, 2008
D. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008
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E. 2008 Recreation and Parks Strategic Plan Update - January, 2009
F. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5,
2008)
XI. NEW BUSINESS:
A. Request by Mayor for City to formalize expedited permit review
Mayor Taylor reported the Chamber of Commerce and the Business Development Board
recommended a formal expedited permit process as an incentive for businesses. The City of
Boynton Beach currently utilizes most of the expedited procedures. An Ordinance
acknowledging an expedited review would be helpful in the future as an incentive for
businesses to locate in the City.
Motion
Vice Mayor Rodriguez moved to direct staff to create an Ordinance outlining an expedited
permitting process. Commissioner Hay seconded the motion. The motion passed unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING
1 Proposed Ordinance No. 08-023 RE: Amending the
provisions of the City of Boynton Beach Code of Ordinances which
prohibits the sale of alcoholic beverages on Sunday mornings.
(Requested Reconsideration on September 2, 2008)
Attorney Cherof explained the Ordinance had passed on first reading. On second reading there
was a tie vote, so the motion failed. There is currently a request for reconsideration by
Commissioner Weiland. The Proposed Ordinance is before the Commission on second reading.
Attorney Cherof read Proposed Ordinance No. 08-023 by title only on second reading.
Mayor Taylor opened the issue for publiC hearing.
Herb Suss, 1711 Woodfern Drive, contended the existing Ordinance makes the City unique
and should be continued. He reiterated his contention there was the possibility of moral liability
for any physical harm that may result from drinking and driving.
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Warren Timm, 26th Avenue, expressed his confusion that what was legal Monday through
Saturday, could be illegal on Sunday.
Chuck Brannon, 2860 SW 4th Street, was not in favor of alcohol being sold on Sunday from 8
a.m. to 12 p.m. He felt it was better for the City of Boynton Beach to maintain the status quo
as a protective provision. He contended alcohol and addiction was a problem for the entire
country and the four hours could make a difference in people's lives. It would be easier to
prevent a problem. He encouraged the Commission to give it more thought.
No one else coming forward, Mayor Taylor closed the public hearing.
Mayor Taylor was in favor of the Proposed Ordinance. The existing restriction was illogical and
outdated.
Motion
Commissioner Weiland moved to approve Item XII.B.1. Commissioner Ross seconded the
motion.
Mayor Taylor suggested the motion be amended to also change the time from 8 a.m. to 7 a.m.
to coincide with the County's resolution.
Motion
Commissioner Weiland moved to amend Item XII.B.1 to be changed from 2 a.m. to 7 a.m., the
restriction on all days of the week except for New Year's Day. Commissioner Ross seconded
the motion.
Vote
City Clerk Prainito called the roll. The motion passed 3-2. (Vice Mayor Rodriguez and
Commissioner Hay dissenting)
Vice Mayor Rodriguez voiced his concerns with changing the existing ordinance since the
majority of the social and criminal activity occurred in the eastern portion of the City within
District 2 and District 3. Without some restriction, even more illegal activity would be prevalent
in the eastern sector of the City. He could not support the proposed change.
Commissioner Hay agreed and questioned if there was nothing sacred anymore or fear of
change was too much. He felt the City of Boynton Beach could set the bar higher and be
unique by sending a message that we will not change for four hours.
Commissioner Ross remarked during prohibition alcohol consumption was higher than ever.
She emphasized empowerment is what people need to change rather than more regulations.
The Commission could not be responsible for the irresponsible conduct of others. Mayor Taylor
concurred that people will get alcohol no matter what law is enacted.
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C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
Attorney Cherof related the Supreme Court had reversed itself in the Strand vs. Escambia
County decision. In 2007, the Court ruled that Tax Increment Financing (TIF) involved the
pledge of ad valorem dollars and; therefore, it was unconstitutional for a local Florida
government to incur debt for more than a year unless it was approved by the electorate in a
referendum election. The holding has now been reversed to a Miami Beach case from 1977-
1980. In that case, the Tax Increment Financing (TIF) was found to be appropriate and did not
involved a pledge of ad valorem taxation and no requirement for a referendum to approve that
type of debt was needed. In cooperation with bond counsel, a full report will be submitted to
the Commission on the impact of the case.
Mayor Taylor noted the decision was great news for the Community Redevelopment Agency.
Mayor Taylor announced the Commission would recess for a closed door session.
Attorney Cherof announced the legal action to be discussed involved the challenge to the
current fire assessment. The request for the session had been made at the previous meeting.
In attendance at the session would be the City Commission, City Manager and City Attorney.
The session would be approximately one hour and then the Commission would reconvene in its
regular meeting.
There would also be a closed door session after the legal case for bargaining purposes that
would not be open to the public. The City Clerk and Deputy City Clerk are released from further
attendance and the Court Reporter will record the end of the regular Commission meeting.
The public could remain for the regular meeting to be adjourned.
The meeting recessed for the closed door session at 8:27 p.m.
1. RECESS FOR CLOSED DOOR SESSION:
BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida
Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a
Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant -
Case No. CA 02 01704 AN. In attendance is the City Manager, City
Commission, City Attorney James Cherof, and Assistant City Attorney
Michael Cirullo.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
September 18, 2008
Length of time approximately 1 hour.
This closed door session was requested by the City Attorney at the City
Commission meeting held on September 2, 2008.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
(The record of adjournment was taken by the Court Reporter)
CI1Y OF BOYNTON BEACH
t~~ '7L
I~ Taylor Mayor
v
Jose Rodriguez, Vice Mayor
~~
Ronald Weiland, Commissioner
---
Attest:
..
t M. Prainito, CMC
Clerk
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//(:;~/6~f/r~
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Marlene Ross, Commissioner
16
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Oevtlopm&nt
P&Z
BuildIng
Engineering
c. Llc.nle
PROJECT NAME: Aspen Glen
APPLICANT'S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2008
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension for 45 single-family zero lot line
homes on a 9.34 acre parcel.
LOCATION OF PROPERTY: Lawrence Road and 715t Lane South
DRAWING(S): SEE EXHIBIT "B" 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:
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 Applicant
L.. 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
-.LGRANTED 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
'...._,
DATED:
9-~~? -OA
S:\Planning\SHARED\WP\PROJECTS\Aspen Glen\SPTE 08-005\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Aspen Glen
File number: SPTE 08-005
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The site plan time extension is subject to the original conditions of approval. X
2. An updated traffic approval letter from Palm Beach County Traffic X
Engineering will be required.
3. In order to ensure capacity will be available when the developer is ready to X
move forward, the applicant shall pay the utility reservation fee.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. Ljlt~
S :\Planning\SHAREDI WP\PROJECTS\Aspen Glen\SPTE 08-005\COA.doc
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Aspen Glen
1 in. = 200.1 feet
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHIBIT C
420 W. Boynton Beach Blvd., Ste. 201
Boynton Beach, FL 33435
Phone Ii 561/736-8838
Fax. 561/736-8079
Email I1www.mlpc.net
May 16,2008
Mike Rumpf
City of Boynton Beach
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Aspen Glen - Site Plan Time Extension
Dear Mike,
This letter is to request a one year time extension for the site plan approval on the Aspen Glen project.
The City Commission granted site plan approval on November 21, 2006 and our client has been
diligently working toward securing a building permit but has not yet done so to date. This project has
been held up because of the lack of sales due to market conditions.
The list below shows that our client has pursued the necessary permits to begin construction. There are
some final issues to resolve which will allow the permits to be issued. The extension will allow us to
complete that process.
· Right-of-way and Utility Permits for Palm Beach County were initially submitted in June, 2006 and
was conceptually approved in December 2006. The last resubmittal was April 2008 and all
comments were addressed so issuance of the permits should be done soon.
· The NPDES compliance permit was approved by the Florida Department of Environmental
Protection on August 2006.
. The water use permit was approved by SFWMD in April 2007.
. Boynton Beach Utility Permit was issued in January 2008
. The LWDD permit was renewed in March 2008.
· Boynton Beach Engineering permit is pending plat approval which was submitted in July 2007
and is currently addressing all comments.
We appreciate your understanding of this request. Enclosed is a check in the amount of $500 for
processing fees. Please contact me if additional information is required.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
!"'~~'-"
'- ' I " ,
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Christi Tuttle
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Occ. L1cen.e _
PROJECT NAME: Goldsmith Dental Lab
APPLICANT'S AGENT: Jesse Goldsmith
APPLICANT'S ADDRESS: 207 SE 23rd Avenue Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2008
TYPE OF RELIEF SOUGHT: Request for Conditional Use Approval for a dental lab in a C-1 zoning
district.
LOCATION OF PROPERTY: 236 SE 23rd Avenue Boynton Beach, FL 33435
X TH I S 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:
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 Appliccu:rt
~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
JGRANTED 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
DATED:
i -.!).?' -08
/J. .
. !LcL-t/KAk.
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Goldsmith Dental Lab co US 08-004\DO.doc
EXHIBIT "B"
Conditions of Approval
Project name: Goldsmith Dental Lab
File number: caus 08-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
P ARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The security light on the FP&L pole at the SE corner of the property appears to X
be directed away from the residential properties to the south. However, should
the removal of the invasive Holly tree adjacent to the security light cause glare
onto abutting properties, the applicant shall have the light fitted with shields,
reduce the wattage of said security light, and/or have the security light removed
in favor of motion detector lights placed on the building itself to eliminate any
potential light spillage.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. '1L~~/ I I I
S:IPlanning\SHARED\WP\PROJECTSIGoldsmith Dental Lab CODS 08-0041COA.doc
EXHIBIT A
PROPOSED LOCATION OF GOLDSMITH DENTAL LAB
236 SE 23RD AVENUE
E 23RD AVE
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