Minutes 09-19-00 MTNUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMI'SSTON CHAMBERS~ CITY HALL~ BOYNTON BEACH~ FLORIDA
ON TUESDAY, SEPTEMBER 19, 2000 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
William Sherman, Mayor Pro Tem
Bruce Black, Commissioner
Charlie Fisher, Commissioner
Wilfred Hawkins, Assistant to the City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Gerald Broening
B. Tnvocation - Reverend Dr. Marshall Cook- Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Mayor Gerald Broening
Mayor Broening called the meeting to order at 6:35 p.m. Following the invocation, Mayor
Broening led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE REQUEST FORM
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTION OF THE AGENDA HAS BEEN COMPLETED.
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
Mayor Broening reminded the audience that speaker's cards must be submitted prior to the
opening of the meeting.
E. Agenda Approval:
1. Additions, Deletions, Corrections
There were no additions, deletions or corrections to the agenda.
2. Adoption
Commissioner Fisher moved to approve the agenda. Commissioner Black seconded the motion
that carried 4-0. (Mayor Pro Tem Sherman had not yet arrived for the meeting.)
II. ADMINISTRATIVE:
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A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
IV Black Children & Youth Advisory Board Alt 1 yr term to 4/01 Tabled (2)
Mayor Broening Children & Youth Advisory Board Stu/Reg/Voting i yr term to 4/01 Tabled (2)
I Weiland Children & Youth Advisory Board Stu/Reg/NonVoting i yr term to 4/01 Tabled (2)
Mayor Broening Bldg. Board of Adjustment & Appeals Alt I yr term to 4/01 Tabled (2)
[TT Sherman Education Advisory Board Reg 2 yr term to 4/02 Tabled (2)
TV Fisher Education Advisory Board Alt 1 yr term to 4/01 Tabled (2)
Mayor Broening Education Advisory Board Alt I yr term to 4/01 Tabled (2)
]~T Black Education Advisory Board Reg 2 yr term to 4/02 Tabled (2)
Weiland Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (2)
Black Nuisance Abatement Board Alt I yr term to 4/01 Tabled (2)
IV Fisher Recreation & Parks Board Alt 1 yr term to 4/0:[
Commissioner Black appointed Rae Fellows as a Regular member of the Education
Advisory Board.
All remaining appointments were tabled.
III, ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
Special City Commission Budget Public Hearing to Adopt the FY
2000/2001 Budget- Wednesday, September 20, 2000 at 6:30 p.m. in
Commission Chambers
Mayor Broening announced that the Special City Commission Budget Public would be held on
September 20t~ at 6:30 p.m. in Commission Chambers.
First City Commission Meeting in October will be held on Wednesday,
October 4, 2000 due to Election Day on Tuesday, October 3, 2000
Mayor Broening announced that the first City Commission meeting in October would be held on
Wednesday, October 4th due to Election Day on Tuesday, October 3rd.
B. Presentations:
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1. Proclamations:
None
MAYOR PRO TEM SHERMAN ARRIVED FOR THE MEETING AT 6:42 P.M,
2. Orientation PowerPoint Presentation - City Clerk Sue Kruse
City Clerk Sue Kruse made an Orientation PowerPoint Presentation that explained the
operations of the City Clerk's Office. (A copy of the presentation is attached to the original set
of these minutes on file in the City Clerk's Office.)
Mayor Broening thanked Ms. Kruse for the presentation and for all of the work done by the City
Clerk's Office.
IV. CONSENT AGENDA:
A. Minutes:
Agenda Preview Conference of August 31, 2000
Regular City Commission Meeting of September 6, 2000
City Commission Workshop Meeting of September 7, 2000
Bids - Recommend Approval - All expenditures are approved in the 1999-2000
Adopted Budget
Extend the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION
INHIBITORS" BID #097-2821-00/KR to Shannon Chemical Corporation
with an estimated annual expenditure of $32,000
Award the bid for "TWO YEAR CONTRACT FOR FIRE RESCUE VEHICLE
SERVICE REPAIR/MAINTENANCE AND SUPPLIES"- BID #084-2516-
00/C_JD to Roy Khanna of Palm Springs, Florida with an estimated annual
expenditure for parts of $15,000 and an estimated annual expenditure of
$25,000 for contract services, for a total of $40,000
Award the "ANNUAL CONTRACT FOR PIPE FITTINGS AND
ACCESSORIES'; BID #082-1412-00/kr, to various vendors on a lot-by-lot
basis with an annual estimated expenditure of $75,000
Award the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES"
BID #100-1412-00/KR to various vendors with an estimated annual
expenditure of $110,000
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Approve Partners With Him (PWH) Equipment and Service Company,
Incorporated to replace the diesel fuel tanks for the generators in the
East Wing Generator Room at a cost of $13,040
Approve the use of Metro Services Consultants Incorporated for an
independent fire hydrant audit based on the same pricing schedule as
offered to the City of Austin, Texas (Contract #S990219) with estimated
expenditures of $66,000
Mr. Hawkins requested that Item TV-B.6 be removed from the agenda since additional work
needs to be done by staff on this item.
Approve the attached bid recommendation as award of the Property and
Casualty Insurance Program for Fiscal Year/Policy Year 2000-2001
C. Resolutions:
1. Proposed Resolution No. R00-127 Re: Approving 'the
updated Library Long-Range Plan for 2000-2003
Proposed Resolution No. R00-128 Re: Authorizing the Mayor
and City Clerk to execute a temporary agreement between the City of
Boynton Beach and Dr. Ken Scheppke, M.D., providing for independent
contractor services as the Emergency Medical Services Director for the
Proposed Resolution No. R00-129 Re: Approving execution
of Library Services and Technology Act (LSTA) Grant Agreement with the
Florida Department of State, Division of Library and Information Services,
for the Neighborhood Library Electronic Access and Training Project
Proposed Resolution No. R00-130 Re: Authorizing and
directing the Mayor and City.Clerk to execute a Mutual Aid Agreement
between the City of Boynton Beach and the Palm Beach County Sheriff's
Office
Proposed Resolution No. R00-131 Re: Authorizing the Mayor
and City Clerk to approve Amendment #1 to Task Order 28B with CH2M
Hill for additional services at various lift stations in the amount of $24,890
Proposed Resolution No. R00-132
of the Gold Coast Clean Cities Coalition
Re: Endorsing the goals
Proposed Resolution No. R00-133 Re: Approving Agreement
for Water Service for Michael and Marianne Skiera for a 4.31 acre parcel
located on Ridgewood Road between Military Trail and Cocoa Pine Drive
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D. Ratification of Planning & Development Board Action:
Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks - West side
of Lawrence Road, north of Miner Road - Request for master plan
modification to reduce screen enclosure setbacks from 2' to 0' and pool
setbacks from 5' to 1' for those lots fronting lake, buffer and preserve
areas within the Lawrence Oaks PUD
Mark Daly - East Railroad Avenue, south of SE 8th Avenue - Request
relief from Chapter 2, Zoning, Section 6, C.3, requiring a minimum lot
frontage of 75' to allow a 45' variance or a minimum lot frontage of 30'
within the C-3 zoning district
Isles of Hunters Run - West of Congress Avenue and north of Summit
Drive in the Hunters Run PUD - Request for master plan modification
approval to change the screen enclosure setback for back-loaded pools
on the non-zero side from 10' to 8' to coincide with related building codes
Quantum Lots 21 and 21B - Quantum Park PTD - Request for new site
plan approval to construct a 17,579 square foot professional office
building located on 2.13 acres
Quantum Lot 50B (Gale Industries) - Lot 50B Quantum Park PID -
Request for new site plan approval to construct a 14,810 square foot
commercial/industrial warehouse located on 4.25 acres
Approve the donation of $250 to The Jimmy Ryce Center, Florida Missing
Children's Day from the Law Enforcement Trust Fund
Approve additional work relating to drainage modifications (Yard Drain) at Village
Royale on the Gateway Boulevard Improvement Project
Approve expenditure in the amount of $33,918 through SNAPS Agreement
#250211-1 for scanning equipment and training in the use of LaserFiche from
R&S Integrated Products for various City departments
Motion
Commissioner Black moved to approve the Consent Agenda. Commissioner Fisher seconded
the motion that carried unanimously.
V. CI'TY MANAGER'S REPORT:
Review and approve proposed advertisement in special insert on Forbes
Magazine showcasing the "Internet Coast"
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Mr. Hawkins reported that Forbes Magazine is a publication with worldwide distribution of
business advertising. A special edition will be published in December called the Internet Coast
Wave that will be sponsored by Techwatch. The City has an opportunity to secure this ad in
cooperation with a 501(c)(3) organization at a cost of $14,000. Without that cooperation, the
ad would cost $28,000. The Chamber of Commerce offered assistance; however, they are a
501(c)(6) organization. The City would have to identify a 501(c)(3) if the Commission decides
to participate in this program.
Commissioner Fisher felt this ad could be considered a redevelopment/development incentive
and it could be used as a reference point for new businesses over the next year. He added that
the people who read Forbes are the ones who make the decisions about relocating companies.
This ad would give this City the opportunity to say that Boynton Beach was featured in Forbes
Magazine as a Iow-cost, high-tech place to go in Palm Beach County.
Commissioner Black pointed out that the initial back-up material provided information regarding
a comparison of Dade, Broward and Palm Beach County with the research triangle in North
Carolina. The cost of $28,000 is a great deal of money and even with the assistance of a non-
profit organization, the price is still high. Commissioner Black feels there are many other
pressing issues in this City where that money could be used.
Vice Mayor Weiland questioned how this request came forward to the Commission.
Commissioner Fisher advised that it was his suggestion following a meeting he attended with
City Manager Bressner at the Internet Coast. The Internet Coast is a consortium of all three
Counties. The offer was made to all businesses throughout the tri-County area. This issue was
brought before the entire Commission with redevelopment in mind.
Vice Mayor Weiland pointed out that Motorola declined participation. Tn addition, no one else
along this Coast or the Treasure Coast has committed to date. One small municipality in Dade
County has expressed interest, but has not yet committed. Vice Mayor Weiland said he doesn't
know how viable this ad may be.
Mayor Pro Tem Sherman feels the City could spend its money in a wiser fashion. We recently
received a proposal to give the employees of the City health identification cards that trace back
their health records. That benefit would cost $20,000 for the entire staff. Mayor Pro Tem
Sherman feels the cost of this ad is excessive and he is not in favor of it.
Commissioner Fisher felt that the money should come out of an account that is already set up
for development. He feels this City would benefit if other cities do not take ads because when
businesses are looking for new locations, Boynton Beach would have a foot in the door.
Vice Mayor Weiland felt that it wasn't necessary to spend the money just because it is available.
Mayor Broening said that he used to handle advertising budgets in the millions of dollars. He
learned to focus the advertising dollars on audiences they were trying to reach. :In addition, the
message was tailored to meet their objective of serving their customers. Mayor Broening said
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he knows the value of getting our name out there. He recommended that this City be a leader.
Development/redevelopment is the only source of funds in our future that stands any chance of
increasing. All of our aspirations are linked directly with development. Mayor Broening believes
that $14,000 or $28,000 of "chumming" money is money well spent particularly at this time
when this City has invested so heavily in the Development Department.
Motion
Commissioner Fisher moved to approve the purchase of this ad and look towards getting the
discount through a 501(c)(3) corporation if we can. Mayor Broening passed the gavel and
seconded the motion.
Vice Mayor Weiland questioned whether we would pay $28,000 if we could not find a 501(c)(3)
organization. Commissioner Fisher said that is the way he made the motion but he feels
confident we would be able to get a 501(c)(3) corporation to partner with the City.
The motion failed 2-3. (Vice Mayor Weiland, Mayor Pro Tem Sherman and Commissioner Black
dissented.)
VI, PUBLIC AUDIENCE:
VICE MAYOR WEILAND LEFT THE DAIS.
Herb Suss was invited in to see the Children's Museum last Friday and he was thrilled to learn
about what is being done at that facility. He presented his personal donation to Virginia Farace,
Library Director.
Mr. Suss complained that Mayor Pro Tem Sherman delayed the start of the meeting and
requested that the record reflect the fact that he was late.
VICE MAYOR WEILAND RETURNED TO THE DAIS.
When Mr. Suss attempted to commend Commissioner Black for comments he made in an article
in 7'/~e ,Oa/m Bead~ Post about Commissioner absences from meetings, Vice Mayor Weiland
requested that Mr. Suss return to the issue he stated on his speaker's card. Mayor Broening
declared Vice Mayor Weiland and Mayor Pro Tem Sherman out of order and stated that Mayor
Pro Tem Sherman could not question Mr. Suss from the dais.
Mayor Pro Tem Sherman asked Mayor Broening if he would put an end to this situation that
occurs every two weeks. Mayor Broening explained that the Commission had a rule that no one
would be addressed from the dais. Anyone who breaks that rule would be called "out of order".
Vice Mayor Weiland asked to be shown where/when the Commission voted on that rule. When
Mayor Broening said the Commission had agreed on that rule, Mayor Pro Tem Sherman
disagreed with him and said there was only verbal consent. He said that when someone is out
of order, he should be ruled out of order. He pointed out that Mr. Suss comes up with the
same trash every two weeks.
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Mayor Broening advised Mr. Suss that he would not allow personal attacks.
Mr. Suss said attendance at meetings is an important issue. Workshop meetings are
Commission meetings and that is where the work gets done. When a Commissioner is absent,
the work cannot get done.
Mr. Suss referred to a statement in The Palm Beach Post article that referred to one
Commissioner's description of the meetings as "road shows". Mr. Suss disagreed with that
description and remarked that "if it gets too hot in the kitchen, then get the heck out."
Mike Friedland is displeased that a moratorium is being considered for City development in
certain areas. He said the City spent $150,000 for Duncan and Associates to make a plan for
the City known as Vision 20/20. Staff, the Commission and the citizens were supportive of this
plan. The Vision 20/20 Plan is one that can work and he urged the Commission to support the
plan.
Robert Wright, resident of Golfview Harbour, is a physical therapist who is trying to open
a business in this City. He has been attempting to determine the zoning on a property he is
interested in purchasing. He is running into roadblocks with City departments. Mr. Wright said
that if this is world-class customer service, the world is in a sad state. Mr. Wright requested the
assistance of the Commission in finding someone at the City who could give him answers with
regard to zoning. Mr. Wright said he wants to bring business into this City, but he can't get any
straight answers.
Mr. Hawkins pointed out Mr. Quintus Greene, Development Director and requested that Mr.
Wright speak with him immediately.
Anne Centi, 13C Southport Lane, praised the Commissioners for adopting City participation
in the Governor's Mentoring Tnitiative Program.
She announced that the Citizens' Action Committee recommended that a question be placed on
the March 2001 ballot regarding a concise, fair and reasonable policy for Commission absence.
Ms. Centi said the citizens expect Commissioner presence and full representation at all
important workshops and meetings. This prevents making judgment calls.
The taxpayers of a real world-class city know that setting guidelines and parameters for elected
officials is a good policy and not an ambush.
3ames Miriana, 728 NE 8th Avenuer visited the historic cottages on SE 20th Street off Federal
Highway. He complimented everyone who was responsible for the redevelopment of this
community. He urged the City to advertise this area.
Vice Mayor Weiland advised that the homeowners did this work.
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David Katz, 742 NW 11~ Street, urged the Commission to eliminate the use of the speakers'
cards. He said that when there was discussion about term limits and single-member voting
districts, Lee Wische spoke and was factually incorrect on a number of issues. Because of the
need for a speakers' card, it was impossible to readdress the Commission to correct Mr.
Wische's statements. In addition, Patti Hammer and Shirley .laskiewicz wanted to speak on
another occasion but were unable to do so because they hadn't filled out a card.
Mr. Katz advised that the Golf Course staff offers clinics. His fourteen-year old son participated
in those clinics and upon entering high school, he was accepted on the school team. Mr. Katz
felt those clinics were directly responsible for his son making the team. He thanked staff and
urged the Commission to expand the program.
Debbie Lytle, Chief Steward of the White Collar Barqaining Unit. said that she intended
to compliment Mr. Bressner for his professional input and insightfulness into employee/labor
relations. She added that Arthur Lee is always willing to listen and assist in any way possible.
However, 30 minutes prior to tonight's meeting, she was notified that contract negotiations
were cancelled again for the second time in two weeks after Attorney Cherof advised that if the
bargaining unit would meet after hours on their own time, it would open up many available
dates for negotiations. Ms. Lytle feels the City is stalling by not conducting negotiations. The
contract expires on October 1~, She urged the Commission to direct the City negotiating team
to set up some reasonable dates and times to meet the deadlines and limits of the contract.
Terry Periera, 7692 Colony Lakes Drive, said the proposed budget indicates that there will
be an increase in property taxes. Tn a recent City newsletter Mayor Broening said a large
portion of the citizens do not pay property taxes even though all citizens enjoy full City services.
Mr. Periera said he had heard that the ratio of paying to non-paying property owners is 60/40.
There needs to be a more equitable distribution of the tax burden in the City. He pointed out
that property owners who pay taxes are on fixed incomes similar to those who do not pay. The
Commission needs to do something about this situation. Everyone should pay something.
VIZ. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
Project:
Agent:
Owner:
Location:
Description:
Mark Daly
Burl Gentry, Gentry Engineering & Surveying, Inc.
Mark Daly
East Railroad Avenue, south of SE 8th Avenue
Request for abandonment of that portion of East Railroad Avenue
between SE 10t" Avenue and SE 8m Avenue
Burl Gentry approached the podium. None of the Commissioners had any questions for staff
or the applicant.
Motion
Commissioner Fisher moved to approve. Commissioner Black seconded the motion that carried
unanimously.
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Project:
Agent:
Owner:
Location:
Description:
Daise Temple Church of God in Christ
Daise Temple Church of God in Christ
James Gibbon/Bernett Bell/Anderson Lindsey
Alley on east side of 340 NE 12th Avenue
Request for abandonment of a 90' segment of right-of-way for NE
3rd Street, lying south of NE 12th Avenue
Reverend :lames Gibbon, Bernett Bell and 3ames A. Carter approached the podium.
At Commissioner Fisher's request, Mike Rumpf, Planning & Zoning Director advised that this
right-of-way lies between two parcels that are both owned by the Church. The applicant has
requested the abandonment to allow them to improve the property or at least create an
unobstructed passageway from the Church.
Per the Utilities Department, the right-of-way is a utility corridor with existing lines. Although
the City has allowed for easements to preserve them, because the Utilities Department was not
certain about the plan for the property, they recommended denial of the request.
In addition, the area around Martin Luther King, Jr. Boulevard is the subject of current and
future planning studies. A mini-redevelopment plan is intended for this area. In doing a
redevelopment plan, it is necessary to look at existing infrastructure and consider the
improvements that are necessary. It would not be appropriate to abandon the right-of-way just
prior to doing this plan.
Staff considered postponing this type of request at least until the redevelopment plan is
completed and the recommendations are known. This segment is part of a small portion of the
road that is platted but not improved.
Commissioner Fisher asked if the plan we are going to put in place would cause a problem. He
pointed out that we do not have a plan now and we would eventually have to upgrade the
utilities. He asked if the City could make do with that down the road if the Commission
approved this request.
Mr. Rumpf said the improvements that are planned will probably happen before the Church
would do anything with the parcel. Within a month or two, the City will be laying a cable that
will connect to the communications facility at the old wastewater treatment plant. An easement
could possibly preserve future maintenance to that right-of-way as long as the Church
understood that there wouldn't be physical improvements other than a roadway or parking lot.
Reverend Gibbon said there are sinkholes on the street crossing from the Church to the
parking lot. He is fearful someone will fall. He said he spoke to the City about paving that area
or abandoning it. That is the reason for the abandonment request. Tmprovements are needed
in this area.
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Commissioner Black was of the opinion that the Commission could direct staff to level out this
parcel and make it safe with the understanding that the Church could use it until the time that
the City needs to make the improvements.
Bernett Bell said this road has been in this location for 35 years and now that the Church
wants to use it, the City is planning redevelopment. The Church wants this parcel in order to
improve the Church.
Mayor Broening agrees with the decision of the Planning & Development Board for the reasons
stated, but he also realizes that there is a City responsibility to make this area safer. He felt
that when the City's plans for Martin Luther King, .~r. Boulevard are finalized, the applicant could
come back with another request for an abandonment. If there are no plans to use that parcel,
perhaps the City would grant the abandonment. Mayor Broening felt there was room for a
sensible solution to the Church's problem at this time.
Commissioner Black proposed that if the City would improve the area by installing some plants
and making it safer, perhaps the Church congregation would provide sweat equity to take care
of the plantings. Reverend Gibbon gladly agreed to partner with the City in way suggested.
Commissioner Fisher questioned whether or not the City could reasonably fix the sink hole
problems at this location. Mr. Rumpf said he was not aware of the condition of the sinkhole,
but assumed that with the proper engineering, any sinkhole could be fixed. Mayor Broening did
not feel there were sinkholes on this property.
Mr. Rumpf reiterated that the Church wants to expand the physical structure and improve the
parking arrangement by joining the two parcels and making them one. One of the existing lines
in that property is on the western line closest to the building. That would limit the expansion of
the building.
.lames A. Carter said the Church wants to expand the facility since there is only a sanctuary
and two bathrooms available. The Church would like to build a hall and kitchen for fellowship
purposes.
Vice Mayor Weiland reminded the Commissioners that the Planning & Development Board's
recommendation was for denial of the request and refunding of the application fees.
Reverend Gibbon confirmed for Commissioner Fisher that the Church plans to expand the
Church sometime next year.
Motion
Commissioner Fisher moved to deny the request with the understanding of the City's
participation to fix the problems in the area and also with the understanding that the Church
has the option of reapplying once the redevelopment is done and The application fee will be
fully refunded to the applicant. Commissioner Black seconded the motion that carried
unanimously.
1!
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Mr. Hawkins requested clarification so that the Church understood what would be required of
them. The City would draw up an agreement that stipulates between the Church and the City
exactly what the City would allow the Church to do in the future and what the City would do in
the immediate time period. There is concern that the City may have to use that right-of-way in
the very near future. Therefore, it would require a lot of thinking by the Church on the time
frame for expanding the Church. It will be necessary to have discussions on temporary use of
the easement. Reverend Gibbon and the other representatives understood Mr. Hawkins'
explanation.
VZl"r. FUTURE AGENDA TTEMS:
Agreement between Palm Beach County, the City of Boynton Beach and the
Boynton Cultural Centre, Inc. for purchase and construction of the 1913
Children's Museum Interactive Ecosystem Indoor Exhibit (October 4, 2000)
B. Report on Proposed Criteria regarding CRA Membership (October 4, 2000)
C. Proposed Code Amendment for freestanding signs (October 4, 2000)
D. Review of Proposed Traffic-calming Device Procedure (October 4, 2000)
Proposed Ordinance amending Chapter 26 entitled "Water, Sewer and City
Utilities" (October 4, 2000)
Proposed Ordinance Re: Amending Land Development Regulations as
follows: Chapter 1, Article TI Definitions; Chapter 2, Section 6.D.1. to
include nightclub; and Chapter 2, Section 6.E.1.B.
G. Future Annexation Areas (October 17, 2000)
Review policy for cemetery late arrival fee and space requirements pending
review by Cemetery Board and funeral business (November 7, 2000)
I. Proposed Policy for Community Activity Grants
Proposed Expansion of CRA Boundaries
[X. DEVELOPMENT PLANS:
None
X. NEW BUSI'NESS:
)(2. LEGAL:
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A. Ordinances - 2nd Reading - PUBI TC HEARING
Proposed Ordinance No. O00-47 Re: Amending Chapter 2, Section
16.B.g., Bed and Breakfast, to allow existing kitchenettes to remain in
any residential unit within a bed and breakfast establishment upon their
conversions to such establishment
Attorney Cherof read Proposed Ordinance No. 000-47 by title only.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING
Peter Schmidt, 400 South Dixie Hiqhway, represented the applicant and offered to
respond to any questions or concerns.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-47. Commissioner Fisher
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
B. Ordinances - 1~ Reading
Proposed Ordinance No. 000-49 Re: Creating a definition
for wall murals, and establishing a process and guidelines by which to
review future wall murals
Attorney Cherof read Proposed Ordinance No. 000-49 by title only.
Vice Mayor Weiland realizes that guidelines are necessary. However, he said he would not like
to see a lot of murals in the redevelopment areas.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-49. Commissioner Fisher
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 3-2. (Vice Mayor
Weiland and Mayor Pro Tem Sherman dissented.)
Proposed Ordinance No. O00-50 Re: Amending Section 18-
167 of the City Code, providing for disability retirement benefits;
amending Section 18-168 of the City Code providing average final
compensation defined
Attorney Cherof read Proposed Ordinance No. O00-50 by title only.
Attorney Cherof advised that these changes are necessitated by statutory requirements to meet
the minimum benefits. Tt would normally come back to the Commission for second and final
13
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reading at the next Commission meeting. However, the State of Florida has a requirement to
see this Ordinance in final form before September 30th. Tf it is not provided by that date, we
would lose a substantial sum of tax money that we are entitled to. He requested that the
Commission declare this Ordinance as an emergency Ordinance so that it could be adopted on
an emergency basis. A two-thirds vote of the Commission is required.
Motion
Commissioner Fisher moved to declare an emergency. Vice Mayor Weiland seconded the
motion. A roll call vote was polled. The vote was unanimous.
DUE TO THE FACT THAT THTS WOULD BE FTRST AND SECOND READING OF THE ORDTNANCE,
MAYOR BROENTNG OPENED THE PUBLIC HEARTNG. THERE WAS NO ONE PRESENT WHO
WTSHED TO SPEAK ON THTS ORDINANCE.
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-50. Vice Mayor Weiland
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
Proposed Ordinance No. O00-51 Re: Amending Chapter
7.5, Article IT (and related sections) to add aesthetic/beautification
requirements, to create additional buffering standards to increase
maintenance requirements, increase planting specifications and to codify
lake planting requirements
Attorney Cherof read Proposed Ordinance No. O00-51 by title only.
Vice Mayor Weiland commended staff for the exceptional job that was done in preparing this
Ordinance.
Motion
Commissioner Fisher moved to approve Proposed Ordinance No. O00-51. Vice Mayor Weiland
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
..
Proposed Ordinance No. 000-52 Re: Amending Chapter 2
of the Land Development Regulations, Section 7, Planned Tndustrial
Development Districts~ to allow mixed use pods of commercial, retail,
multi-family residential and office/professional use in Planned Industrial
Development Districts, providing for design guidelines, providing
submission requirements, providing procedures for review
Attorney Cherof advised that the only project that would be impacted by passage of this
Ordinance in Quantum Park has submitted substantial suggestions regarding amendment of this
14
MEETING MINUTES
REGULAR CTTY COMMISSION
BOYNTON BEACH, FLORZDA
SEPTEMBER 19, 2000
Ordinance. The applicant also requested that this matter be tabled to the next meeting so that
he can meet with City staff to discuss the proposed changes.
Motion
Commissioner Black moved to table. Vice Mayor Weiland seconded the motion. City Clerk Sue
Kruse polled the vote. The vote was unanimous.
Proposed Ordinance No. 000-53 Re: Authorizing the
issuance of Notices of ]:ntent by the Commission to study and possibly
change Land Development Regulations On issuance of a Notice of Intent,
applications for development permits inconsistent with the change under
study will not be accepted.
Attorney Cherof read Proposed Ordinance No. 000-53 by title only.
Motion
Commissioner Fisher moved to approve Proposed Ordinance Noi 000-53 I Commissioner Black
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
Proposed Resolution No. R00-134 Re: Authorizing the use of
City-owned property for sidewalk relocation and the addition of a second
left-turn lane from northbound Seacrest Boulevard onto westbound
Woolbright Road
Attorney Cherof reported that the applicant has requested that this matter be tabled to allow
time for him to be present at the meeting to make a presentation.
Motion
Commissioner Black moved to table Proposed Resolution No. R00-134. Commissioner Fisher
seconded the motion that carried unanimously.
D. Other:
1. Ratification of Code Compliance Board action:
Reduce the fine in Case #98-3455 (152 SE 28th Avenue) from
$14,175 plus $634.12 administrative costs, to $250
Scott Blasie, Code Compliance Administrator, said this case generated considerable discussion
among the Code Compliance Board members. The board weighed the hardships brought
before them against the fact that Code Compliance has had considerable activity at this site. A
15
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLOI~DA
SEPTEMBER :Lg, 2000
court case is still ongoing on appeal. Mr. Blasie advised that the applicant and her attorney
were present in the audience to respond to questions. Mr. Blasie confirmed that this property
had been cited 22 times since 1975.
Commissioner Black realized that the intent of Code Compliance is to get properties into
compliance, not to collect big dollar amounts. However, in this case, he is not in favor of
reducing the fine to $250. He would support reducing the fine to the administrative costs of
$634,12.
Commissioner Fisher wanted to know what assurances the City would have that this violator
would not be cited again once this fine is reduced. This violator has not tried to work with the
City in the past and has shown no intent to keep up the property. Commissioner Fisher is
opposed to reducing this fine.
Motion
Commissioner Black moved to have the applicant pay the administrative costs, but not reduce it
to $250.
THE Mo'rION DIED FOR LACK OF A SECOND.
In response to Vice Mayor Weiland, Mr. Blasie advised that over the years, the property has
been cited for trash, debris and overgrowth. The property owner was not capable of
maintaining the property. The most recent violation was the discovery of 37 dogs on the
property. This case went through the court system. The sight on this property was gruesome.
Mr. Blasie does not know why this violator became motivated to comply this time other than the
fact that the owner was investigating refinancing the property. This property has been poorly
maintained over the years. However, it is in compliance at this time after a considerable
amount of money and time was expended.
Motion
Commissioner Fisher moved to deny the request to reduce the fine.
THE MOTION DIED FOR LACK OF A SECOND.
Motion
Commissioner Black moved to reduce the fine to the administrative costs of $634.12.
THE MOTION DIED FOR LACK OF A SECOND.
16
MEETZNG MTNUTES
REGULAR CZTY COMMZSSTON
BOYNTON BEACH, FLOR]DA
SEPTEMBER 19, 2000
Motion
Mayor Pro Tern Sherman moved to accept the ratification of the Code Compliance Board to
reduce the fine to $250. Vice Mayor Weiland seconded the motion that carried 3-2.
(Commissioners Black and Fisher dissented.)
Tn response to Vice IVlayor Weiland's question regarding whether or not it was appropriate for
Commissioner Black to repeat the same motion that had already failed once, Attorney Cherof
advised that the chair has the discretion of accepting or not accepting the motion.
Accept the agreed-upon settlement in the case Monica Millines v. City of
Boynton Beach, et al in the amount of $50,000
Attorney Cherof advised that this item should read as follows:
"Accept the negotiated settlement in the case Monica Millines v. City of
Boynton Beach, et al in the amount of $50,000".
Motion
Commissioner Black moved to approve. Mayor Pro Tem Sherman seconded the motion that
carried unanimously.
X/T. UNF]:NTSHED BUSTNESS:
None
XIII. OTHER:
None
XTV. AD.1OURNMENT:
There being no further business to come before the Commission, the meeting properly
adjourned at 8:03 p.m.
17
MEETZNG M'rNUTES
REGULAR C'rTY COMM'rSSTON
BOYNTON BEACH, FLOR.I:DA
SEPTEMBER 19, 2000
ATTEST:
City~lerk
Clerk
"'--O-wo Tapes)
C~'I-Y BOY Q B H
Vice Mayor
Co~sion~
Commissioner
O BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
Address
Summary of Matter to be Add
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the proEram or activity in order for the city to reasonably accommodate
your request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clej~/prior to the start of the City
Commission Meetinj~. ~
Name f/i~~~ ~~~
Summa~ of Matter to be Addresseg // ~~~' ' '
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.
PUBLIC COMMENT CARD
. .. ~AGENDA ITEMS
Fill in the information called for below and give to the City Clerk prior to the~gtart of the City
Commission Meeting.
Name ~~ ~ ~(//~] ~
Address / ~ ~ ~' ~ ~ ~ ~ ~~ ~_~'
Summa~ of Matter to be Addressed ~~~0~ 0~:
If a person decides to appeal any decision ma~ by the City Co,minion ~th respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, ~e/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105)
The City shah f~nish appropriate a~ia~ aids and se~ices where necessa~ to afford an individ~l with a disability an equal
opportunity to participate ~ and enjoy the benefits of a se~ce~ pro,ram, or acti~ty conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four ho~s prior to the proEram or activi~ in order for the city to reasonably accommodate
yo~ request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meeting.
Name
Address
Telephone #
Summary
latter to be Addressed~
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105I
The City shall furnish appropriate auxiliary aids and serv/ces where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meeti~ng.
Name _ ~44 ~, _~' t ~" / ~ iq f~
Telephone # fi? kf
/
Summary of Matter to be
Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least tWenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meeting.
Name
Address
Telephone # ~
Summary of Matter to
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.01051
The City shah furnish appropriate ~auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least tWenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meeting.
Name
Address
Telephone # ~'~
Summary °f Matter to be A dre~/d
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meetinl~.
Name ...... i'"~~ t~]/~ l ~/ /~
Address ~ I ~ ~~ ~/~ ~
Telephone ~ [~ ~~~
Summa~ of Matter to be Ad~ ~ ~ ~~ X.
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce
Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request. ·
.... D~,VELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lawrence Oaks (DeStefano) Pool Setback
APPLICANT'S AGENT: Peter DeStefano
APPLICANT'S ADDRESS: 4000 S. 57th Ave. Suite 101, Lake Worth, Florida 33463
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2000
TYPE OF RELIEF SOUGHT: Master Plan Modification
LOCATION OF PROPERTY: 2440 Woolbright Road, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
City clerk -
Exhibit C
Conditions of Approval
Project name: Lawrence Oaks Pool Setback
File number: MPMD 00-005
Reference: 2na Review Plans Master Plan Modification with a June 25, 2000, Planning and Zoning Department
date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. NONE. X
ADDITIONAL CITY COMMISSION CONDITIONS
Project name: Lawrence Oaks Homeowners
File number: MPMD 00-005
Page 2
DEPARTMENTS
INCLUDE REJECT
MWR/dim
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Lawrance Oaks Homeowners Assoc\lST REVIEW COMMENTS Lawrence Oaks MPMD.doc
" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: DAISE TEMPLE CHURCH OF GOD IN CHRIST
APPLICANT'S AGENT: Daise Temple Church of God in Christ
APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33435
DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000
TYPE OF RELIEF SOUGHT: Street abandonment
LOCATION OF PROPERTY: Alley on east side of 340 NE 12th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MA-I-FER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
X HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
__ GRANTED subject to the conditions referenced in paragraph 3 hereof.
X.~ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditiOns of this order.
7. Other
DATED: ~~ ~ ~--
J:~SHRDATA~Planning~SHARED~WP~PROJECTS~Daise
Temple (Church of God) Aban~CC 9-19-00 D O ABAN.doc
EXHIBIT "C"
Conditions of Approval
Project name: Daise Temple.
File number: ABAN 00-003
Reference: Application form dated 06/16/00.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. DENIED X
ADDITIONAL CITY COMMISSION CONDITIONS
Agreement to stipulate church/city responsibilities.
2. Application~fee to be refunded. X
NING\SHARED\WP~PROJECTS\DAISE TEMPLE (CHURCH OF GOD) ABAN\CC 9-19-00 COND. OF APPR.DOC
~' * DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: MARK DALY ABANDONMENT
APPLICANT'S AGENT: N/A
APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33435
DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000
TYPE OF RELIEF SOUGHT: Street abandonment
LOCATION OF PROPERTY: East Railroad Avenue
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: ~/~/~ ~~~-~
Cl~ Clerk ~/z a O
JSSHRDATA~Plannin¢SHARED~WP~PROJECTS~Mark Daly Variance~Ua~ Daly Aban and info,CC 9-19-00 D O AB~lllltt~
EXItlBIT "C"
Conditions of Approval
Project name: Mark Daly street abandonment
File number: ABAN 99-001
Reference: Application dated March 31 1999.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comment:
1. A 12 foot Utility Easement along the westerly right-of-way. X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
2. Record a 10 foot easement along the westerly right-of-way satisfying X
perpetual access requirements of Bell South. Access to said easement shall
remain unobstructed unless otherwise approved by Bell South.
3. Recorded Unity of Title including abandoned street portion. X
Mark Daly street abandonment
ABAN 99-001
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
4. Record a 12 foot utility easement along the westerly fight-of-way satisfying X
Utilities Department requirements
5. Obtain variance for minimum frontage remaining from abandonment. X
6. Obtain consent from the remaining property owners who access their X
properties from the remaining segment of SE 3rd Street (between SE 8th
Avenue and SE 10th Avenue).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. NONE. X
ADDITIONAL CITY COMMISSION CONDITIONS
,Y VARIANC~MARK DALY ABAN AND INFO\CC 9-19-00 COND. OF APPR.DOC\
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park lots 21-21B
APPLICANT'S AGENT: Winston Lee, ASIA, AICP - Winston Lee & Associates, Inc.
APPLICANT'S ADDRESS: 712 U.S. Highway One, N. Palm Beach, Florida 33408
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2000
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: North side of Gateway Blvd. East of and adjacent to the L.W.D.D. E-4
Canal
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
X_~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other ~,~'~. o-~
DATED: ~
' ¢ Ci~ Clerk -
J:'SHRDATA, Planning,SHARED,WP,PROJ ECTS,Ouantum Park. Lot 21 & 2lB,CC 9_1~00 D O.doc
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park Lots 21 & 2 lB
File number: NWSP 00-011
Reference:. 2"dreview plans identified as New Site Plan. File # NWSP-00-011 w/th a August 22, 2000
DEPARTMENTS
INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
X
UTILITIES
Comments:
GENERAL COMMENTS
1. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE Sec. 26-12). Direct
sanitary service connection to the manhole is ~ pe._r~,itted. Either add an
extension to the main line to accommodate the project s proposed
wastewater service, or insert a lateral "wye" into the existing line a
minimum of 5 feet in front of the manhole (which may put your lateral onto
the adjacent property).
2. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X
project either upon the request for the Department's signature on the Health
Department application forms or within 30 days of site plan approval,
whichever occurs £n:st. This fee will be determined based upon final meter
siz~ected demand.
SPECIFIC CONDITIONS ~ ~
X
3. Water and sewer lines to be owned and operated by the City shall be
included within utility easements. The easement shall be dedicated via
~__~_____~parate instrument to the Ci/~7 as stated in CODE Sec. 26-33 a~_~.
FIRE
Comments:
4. A fire hydrant flow test is required prior to site plan approval. (LDR 6-16) X
5. Access road and hydrant will be in place prior to above grade construction. X
POLICE
Comments: NONE
X
ENGINEERING DIVISION
Comments: NONE
X
Quantum Park - Lots 21-21B
NWSP 00-0011
Page 2 of 3
[]
DEPARTMENTS
INCLUDE REJECT
... BUILDING DIVISION ~ ~
Comments:
6. At time of permit review, provide detailed drawings and documentation on X
the plans that will verify that the accessible route that is shown on the plans
from the accessible parking spaces to the accessible building entrance is in
compliance with the regulations of the Florida Accessibility Code for
Building Construction. The documentation shall include, but not be limited
to, identifying the type of material proposed for the route, type of surface
finish, width, cross slope, slope and length of the entire accessible route
including, where applicable, landings, ramps and handrails.
7. At time of permit review, specify (in tabular form) on the site plan and/or X
floor plan the proposed use of the facility, type of construction and
occupancy classification of the building. The building area, occupancy
classification and type of construction shall comply with the specifications
identified in the 1997 edition of the Standard Building Code, including the
City of Boynton Beach amendments to the Standard Building Code.
Working drawings of the building shall comply with the codes specified in
Chapter 20 of the Land Development Regulations.
8. The permit fee, water ad sewer facility fees, Fire and Life Safety fees, X
County fees and State fees will be determined and assessed at time of permit
review.
9. Permits are required to construct the improvements that are shown on the X
approved site plan/conditional use documents. Permit application forms are
available in the Building Division of the Development Department. A
permit submittal checklist is available in the Building Division. The list
identifies the basic documents that the Plans Analyst checks for when an
applicant submits for permit review.
PARKS AND RECREATION
Co~ents NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
X
PLANNING AND ZONING
Comments:
i 0. Provide written verification that would allow the protected viewing area to X
extend into tract "H" draina e tract. The written verification shall be from
Quantum Park - Lots 21-21B
NWSP 00-0011
Page 3 of 3
DEPARTMENTS
the entity that controls the drainage easement as described on the plat
drawing that is referenced on the survey that was submitted.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
11. NONE.
ADDITIONAL CITY COMMISSION CONDITIONS
INCLUDE
X
MWR/blw
J:\SHRDATA\PLANNiNG\SHARED\WP\PROJECTS\QUANTUM PARK - LOT 21 & 21 B\CC 9-19-00 COND OF APPR.DOC
REJECT
'~ " DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Isles of Hunters Run
APPLICANT'S AGENT: John M. Contant
APPLICANT'S ADDRESS: 101 Westlake Drive Boynton Beach Flodda, 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2000
TYPE OF RELIEF SOUGHT: Master Plan Modification
LOCATION OF PROPERTY: West side of Congress Avenue, north of Summit Ddve.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
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:
J:\SHRDATA\Planning\SHARED\Wp\pRoJECTS\isles of Hunters Run(32 Island Ddve)\CC 9-19-00 D O.doc
EXHIBIT "C"
Conditions of Approval
Project name: Isles of Hunters Run
File number: MPMD 00-006
Reference: 2~a review plans identified as Master Plan Modification. File # MPMD 00-006 with a August 22
2000 ,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments:
1. The existing trees and landscaping in the buffer areas that may have to be X
removed for any of the proposed improvements should be relocated on the
site.
PLANNING AND ZONING
Comments: NONE
X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. NONE
X
Isles of Hunters Run
MPMD 00-006
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be dctcn-n:-~cd../{~- ~
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' ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: MARK DALY VARIANCE
APPLICANT'S AGENT: N/A
APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION OF BEFORE CITY COMMISSION: September 19, 2000
TYPE OF RELIEF SOUGHT: Zoning Code Variance - lot frontage
LOCATION OF PROPERTY: East Railroad Avenue, south of SE 8th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant ~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
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BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
AGENDA ITEMS
Name
Fill in the information called for below and give to the City Clerk prior to the start of the City
Commission Meeting.
Address
Telephone# ~(~ IN) ~ ~ ~[~ ~ '~) t;~r~ Agenda#
Summary of Matter to be Addressed ~ ¢- ~ ,A~, i~t~.~¢ t"~/~
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105)
The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce
Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate
your request.