Loading...
Minutes 02-02-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 2, 1999 PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem .lamie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Conrad Braaten -Ascension Lutheran Church C. Pledge of AlleGiance to the FlaG led by Commissioner Nellie Denahan Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Denahan led the PledGe of AlleGiance to the FlaG. D. AGenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested the addition of Item XI-D.1, "Career Development Appropriations". Commissioner Denahan requested a brief discussion immediately following the announcement under Item III-A.4. 2. Adoption Commissioner Titcomb moved to approve the agenda as amended. Mayor Pro Tern Ti,man seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II1 Jaskiewicz* Mayor Taylor TTI Jaskiewicz* :[II Jaskiewicz Mayor Taylor I Titcomb* I! Denahan T:[]: Jaskiewicz TI! Jaskiewicz IV Tillman Adv. Bd. On Children & Youth Stu/Reg 1 yr term to 4/99 Adv. Bd. on Children & Youth Alt 1 yr term to 4/99 Bldg. Bd. Of Adjustment & Appeals Alt I yr term to 4/99 Code Compliance Board Alt 1 yr term to 9/99 Cemetery Board Alt I yr term to 4/99 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Reg 3 yr term to 4/00 Community Relations BOard Alt 1 yr term to 4/99 Recreation & Parks Board Alt I yr term to 4/99 Recreation & Parks Board Alt 1 yr term to 4/99 TABLED-3 TABLED-2 TABLED-3 TABLED-3 TABLED-2 TABLED-2 TABLED-2 MEET'rNG M'rNUTES REGULAR CI'TY COMMTSSTON BOYNTON BEACH~ FLOR'rDA FEBRUARY 2~ 1999 No appointments were made. Motion Mayor Pro Tem Tillman moved to rtable all open appointments. seconded the motion that carried unanimously. II1. ANNOUNCEMENTS & PRESENTATIONS: A. Commissioner Denahan Announcements: 1. Advisory Boards Forum -Saturday, February 6, 1999 at 10:00 a.m. in the Library Program Room Mayor Taylor made this announcement. 2. Joint City Commission/Chamber of Commerce Workshop Meeting - Monday, February 8, 1999 at 7:00 p.m. in the Library Program Room Mayor Taylor made this announcement. 3. Special City Commission Meeting - Wednesday, February 10, 1999 at 6:30 p.m. in Commission Chambers - Re: Election Matters Mayor Taylor made this announcement. 4. Community Redevelopment Agency Meeting - Wednesday, February 10, 1999 at 6:40 p.m. in Commission Chambers Mayor Taylor made this announcement. Commissioner Denahan reminded the Commissioners that the CRA meetings have been held on the second Wednesday following the first City Commission meeting of the month. Commissioner Denahan is unable to attend the March 10th CRA meeting since she will be attending Palm Beach County Day in Tallahassee. She requested that the Commissioners consider rescheduling the CRA meeting. A decision was made to address this issue at the CRA meeting scheduled for February 10th. B. Presentations: 1. Proclamations: None 2. Awards presentation to recognize the Roads/Streets DiviSion for their quick work done in the downtown Larry Roberts, Director of Public Works, explained that the City faced an urgent situation on December 22nd relative to the bridge construction. The contractor who was scheduled to install 2 F,IEE'rZNG MTNUTES REGULAR CI'TY COMM1'ss'roN BOYNTON BEACH~ FLORZDA FEBRUARY 2, 1999 the sidewalk for the businesses along Ocean Avenue was unable to respond and the owners were upset. When City Manager Willis contacted him to relay the problem, Mr. Roberts turned to George Mantell, Streets Supervisor, and his crew for assistance. The Streets crew installed the sidewalk with 56 tons of asphalt in approximately one-half day. Mr. Roberts expressed pride in the manner in which the team from Streets pulled together to get the job done. At the podium, he recognized George Mantell, Gary Beane, Charles Soto, Tom Collins, Lura Lester, Pablo Sauberer, James Mims and Bill Federer. Mayor Taylor thanked the workers for their outstanding performance. Certificates of Appreciation to the Boynton Beach Jaycees - Mayor Taylor and John Wildner, Parks Superintendent John Wildner, Parks Superintendent, reported that the City of Boynton Beach manages an eight-acre preserve at Hester Park scrub area. As part of that management effort, the City is responsible for removing exotic evasive species. One year ago, Stella Rossi, chairperson of the Coalition for Wilderness Islands, contacted Mr. Wildner about innovative ways to approach the problem of the invasive species. At approximately the same time, Mike Bond, member of the Boynton Beach Jaycees, telephoned to offer assistance with highly visible civic projects in the parks that could be undertaken by the Jaycees. The Jaycees took on the challenge of a clean-up day to remove the exotic species from the park. They have done this four times over the last year with 47 volunteers who donated over 100 hours to this project. In addition, Bob Taylor donated an additional 40 hours of his own time cleaning up Hester Park. Stella Rossi wrote the following letter of appreciation to the City Commission from the Coalition for Wilderness Islands: "The Coalition for Wilderness Islands wishes to express our deep appreciation to the Boynton Beach Jaycees for the labor and continued support in removing exotics and trash from the HestedRolling Green Preserve. This preserve has supported the Florida Scrub Jay for many years. This is the only bird species found no where else in the world but in the Florida Scrub habitats. The Jaycees' hard work helps it to survive. At the podium, Mayor Taylor and John Wildner recognized Mike Bond and other members of the Boynton Beach Jaycees for organizing and participating in four separate exotic plant clean-up days at Ezell Hester Jr. Community Park. Mike Bond thanked the City of Boynton Beach for the opportunity to work on this project and for past, present and future projects. He urged anyone interested in participating in these projects to contact him through the Chamber of Commerce. Mr. Bond presented Mr. Wildner with a Jaycees T-shirt in appreciation of his assistance. Mayor Taylor read a Certificate of Appreciation to Bob Taylor for his work at Hester Park. Since Mr. Taylor was not present, the Certificate will be forwarded to him. MEETZNG MI'NUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH~ FLOR.~DA FEBRUARY 2~ 1999 Presentation of Black Awareness Day Strategic Plan - Melody Green, Recreation Superintendent and Debbie Majors, Special Events Supervisor Melody Green, Recreation Superintendent, introduced Debbie Majors, Special Events Supervisor. Ms. Green explained that community members and City staff joined together to develop a strategic plan for Black Awareness Day events. Twenty-eight community members participated. Ms. Majors has worked with the community to coordinate the events. The mission of the strategic plan was developed by the community and reads as follows: "To provide a celebration of Black Culture that motivates, empowers and informs the public of the ties that bind our community together through the enjoyment of the arts, education and pride in African-American accomplishments and heritage." The goals are as follows: · Create opportunities for community involvement. · Create an education focus. · Become an event for the entire community. · Increase awareness of the history of African-American heritage. Ms. Majors reported that Lena Rahming was named Honorary Chairperson. Ms. Rahming was unable to attend the meeting since she was being presented with another award. Frank Ireland was Parade Chair for Black Awareness. The Parade was held on January 23rd with 22 entries. Frank Ireland presented Mr. Glaston Sims with a plaque in appreciation for his participation as the 1999 Black Awareness Day Parade Grand Marshal. Ms. Majors also recognized Carolyn Sims who organized the Coronation Court that was held on January 31st at the Civic Center. On Sunday, February 7th, the Gospel-O-Rama will be held. Lena Rahming is the chairperson for that event. On Saturday, February 13th, the Mildred Walker Youth Recognition Luncheon will be held at Holiday Inn-Catalina Centre. Otis and Dorothy Walker are the chairpersons for that event. A thank you reception will be held following this event. Tommy Williams is the chairperson for the reception. On February 20th there will be a celebration of Black Awareness Day at the Ezell Hester Community Center with the Education Chairperson, Steve Waldman and co-chair Eddie Mitchell. This educational component is a new addition to the Black Awareness Day events. Also working on the spelling bee and oratorical contest are Sara Williams, Angela Girtman, Library Staff and Melody Green. Ms. Majors invited everyone to participate in the events. Mayor Taylor advised that he has attempted to attend all of the Black Awareness events over the past four years. When he questioned whether or not the City was accomplishing its goals with the Black Awareness events, he received many phone calls from people who thought the Mayor was planning to eliminate Black Awareness Day events. It was never his intention to do away with these events. However, he wanted assurance that goals and objectives were set and MEETI'NG M'rNUTES REGULAR CZTY COMM'rSSI'ON BOYNTON BEACH~ FLORZDA FEBRUARY 2, 1999 were accomplished. Mayor Taylor was pleased that each of the seven major Black Awareness events had goals and objectives set in place that could be measured for effectiveness. Presentation of Automatic External Defibrillator Grant Purchase - Deputy Fire Chief Jim Ness Jim Ness, Deputy Fire Chief and Director of Emergency Medical Services, explained that an automatic external defibrillator shocks the heart back into a functioning rhythm. This "next- generation equipment" is a milestone of improvements in emergency medicine. This equipment will save people's lives. Deputy Chief Ness explained that the City of Boynton Beach has early access to Emergency Medical Services, early CPR and will now be able to add early defibrillation. It was reported that the Fire Department joined together with the Golf Course and the Lifeguards and actively pursued a grant through the Palm Beach County EMS Office in the amount of $6,000 for the purchase of two devices. Lay persons use these devices. Following a display of the device, Deputy Chief Ness stated that the Department was very pleased to be able to provide this next level of service to the citizens of the City. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of January 19, 1999 Vice Mayor Jaskiewicz requested the following correction: Page 18 - Second Paraqraph 2 - Line #2 "...a previous developer presented a project consisting of approximately.. ," Motion Commissioner Titcomb moved to remove Items IV-C.1 and IV-D.1 from the table. Mayor Pro Tern Tillman seconded the motion that carried unanimously. Bids - Recommend Approval - All expenditures are apprOved in the 1998-99 Adopted Budget Award "CO-OP ANHYDROUS AMMONIA" BID #020-2821-99/SP to Tanner Industries, Inc., in the amount of $6,120 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as Submitted by staff and allow the selling of same Award the bid for "SOUTH CONGRESS AVENUE MEDIANS #S7-#S10 LANDSCAPE AND IRRIGATION (HASE #4-1998) to Siga, Inc., in the amount of $62,594 (PROPOSED RESOLUTION NO. R99-05) MEETTNG MTNUTES REGULAR C'rTY COMM'rss'roN BOYNTON BEACH,, FLORTDA FEBRUARY 2, 1999 C. Resolutions: Proposed Resolution No. R99-06 Re: between City of Boynton Beach and Village (TABLED TO FEBRUARY 2~) Temporary easement Royale on the Green Proposed Resolution No. R99-07 Re: Approving the release of the restoration surety in the amount of $25,000 for the Via Lugano excavation and fill project Proposed Resolution No. R99-08 Re: Approving the release of the restoration surety in the amount of $30,000 for the Via Lugano excavation and fill project Proposed Resolution No. R99-09 Re: Approving the reduction of surety for the Harrison Tmport/Export project from $10,539 to $600 Ratification of Planning & Development Board Action: Boynton Commerce Center (1800 Corporate Drive) - Request for approval to modify the approved master plan to expand building "A" by 8,400 square feet and reduce buildings "B" and "C" each by 4,200 square feet (TABLED TO FEBRUARY2~°) Manatee Bay fka Banyan Cove - 1632 North Federal Highway - Request for approval for abandonment of a special purpose easement and utility easement recorded for a previously proposed subdivision that was not developed The Wreck Restaurant - 502 E. Ocean Avenue - Request for approval to adapt an existing commercial building into a 6,191 square foot, two-story restaurant Collier Commercial - 409 NE 3rd Street - Request for approval to construct 10,760 square feet of office/warehouse space in three buildings on 1.14 acres Approve purchase of a Cushman Service Vehicle utilizing a GSA CONTRACT #GS-07F-8758D, from Kiipatrick Turf Equipment in the amount of $17,542 for use by the Fire Department as a "Special Events Emergency Response Vehicle" Authorize the partial reimbursement of $3,695.25 to Agape Dry Cleaners under the first Facade Grant program and to grant a time extension for the completion of the improvements to April 5, 1999 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 2, 1999 Approve Change Order in the amount of $19,211.32 for BellSouth Communications Systems for modifications to the NEC NEAX2400 PBX installed in the City Approve Financial Assistance Agreement for landscaping along South Congress Avenue from SW 23rd Avenue North to Ocean Drive Authorize a change in the contract amount for the award of the design contract to Post, Buckley, Schuh & Jernigan for the Improvements to Gateway Boulevard, to reflect a clerical error, resulting in the amount of $20,276 Approve the selection of consultant to assist with preparation of the EAR based comprehensive plan amendments Motion Mayor Pro Tem Tillman moved to acCept the Consent Agenda with the correction to the minutes of January 19, 1999. Commissioner Titcomb seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Appointment as Assistant Secretary of DCA With pride and pleasure, City Manager Willis announced her appointment to the position of Assistant Secretary of the Department of Community Affairs. This is an opportunity for her to round out her government experience from a new perspective. She feels this is a reflection of our successes over the past two years to reinvent government from the inside out. It is also a testament to the new Governor's commitment to better serve the needs of its customers at the local government level. City Manager Willis expressed her pleasure in serving as the City Manager for almost two years. She enjoyed the support of staff and feels the City is well on its way to running government like a business and making the employees more responsible and accountable to the citizens. Dale Sugerman, Assistant City Manager, will assume the duties of Acting City Manager during the transition. City Manager Willis has been asked to assume her duties on March 1% Mayor Taylor expressed appreciation for the job City Manager Willis has done for the City and pride in her promotion to the position of Assistant Secretary of the DCA. As her superior, he is pleased that City Manager Willis is progressing in her career and has been offered this opportunity. The City Commission would like to see a smooth transition and is fortunate that Dale Sugerman can take over at this time. Mayor Taylor would like the development community to know that everything will proceed as programmed because we have very qualified people who can step in and "ffil the bill". Mayor Taylor would like a two-week transition and requested that City Manager Willis serve through February 15th, Mayor Pro Tern Tillman agreed with the Mayor's recommendation because he understands that City Manager Willis must relocate to Tallahassee. Mayor Pro Tern Tillman feels the City has had an attendant who has brought the City up to the forefront in terms of service in government and achievement. He feels it bodes well for Boynton Beach that Tallahassee has seen fit to MEETTNG M'rNUTES REGULAR CI'TY COMMTSSTON BOYNTON BEACH, FLOI~DA FEBRUARY 2, 1999 bring in City Manager Willis. We are doing something right and we should continue in that direction. He wished City Manager Willis good luck. Vice Mayor Jaskiewicz was pleased to have worked with City Manager Willis and is proud that the Governor selected her for this important position. It is nice to know we have a friend at the DCA. Commissioner Titcomb thanked City Manager Willis for her support and good work. He wished her the best of luck. Commissioner Titcomb supported the recommendation for release on February 15th. Commissioner Denahan expressed her good wishes and agreed with the release date of February 15th, Consensus There was a consensus of the Commission that City Manager Willis' release date would be February 15th. Vice Mayor Jaskiewicz questioned whether or not it was necessary to appoint an interim City Manager. Attorney Cherof explained that a procedure is in place where the Assistant City Manager steps up to assume the responsibilities. B. Assistant Police Chief Assessment City Manager Willis reported that an assessment testing process was conducted for the Assistant Police Chief position. All of the candidates were outstanding and she was impressed with the process. She will participate in the selection prior to her departure. VI. PUBLIC AUDIENCE: Herb Suss questioned when the contract with the Police Department would be completed. He felt there was stonewalling. He pointed out that the City of Boynton Beach provides the training for the officers and then they leave for the Sheriff's Department. He also requested an explanation of the $300,000 expenditure for a training program that was approved for only $30,000. Attorney Cherof advised that a tentative agreement with the PBA has been reached and he felt confident that they are moving forward with a contract. He does not believe there has been any stonewalling. He expects to have a contract within the next month. Attorney Cherof announced that the collective bargaining process is an open process and he invited Mr. Suss to attend those meetings. Vice Mayor Jaskiewicz advised that she is in possession of a list of the names of every officer that left the Police Department in the last five years. She stated that only two officers left to go to the Sheriff's Office. She said Mr. Suss' facts are misstated. He disagreed. MEETTNG MTNUTES REGULAR C'rTY COMMI'SSTON BOYNTON BEACH~ FLORI'DA FEBRUARY 2, :L999 George Brown, 213 NE 9th Avenue, addressed the Commission previously with respect to a utility bill. He submitted a letter to the City Commissioners, City Manager and Assistant City Manager in reference to a solution of the utility charges. Dale Sugerman, Assistant City Manager, said he has had discussions over the past three weeks with Mr. Brown and reviewed the facts and figures of his case. The City applied the rules fairly and consistently. Mr. Brown said he would like to appeal the existing rules and Mr. Sugerman offered to assist him in going through the appeal process. He asked Mr. Brown to submit a letter that would be advanced to a City Commission agenda with all necessary back-up materials. Mr. Brown's letter arrived a full week after the packet materials had gone out. Mr. Sugerman said his goal is to have this information ready for the next City Commission meeting on February 16th. Mayor Taylor advised that this issue would be addressed at the next City Commission meeting. Tony Lombardi, Utilities Department Supervisor, stated that the two divisions he supervises have done quite well with the Architecture for Excellence. They no longer accept the decisions of one person; they accept the decisions of many. He would like the program to continue with some exceptions and some resolve. The "clearing out" opens the team members up to the team for issues with team players. He does not believe it is necessary to tear down a member. Instead, he believes in building on members' assets. Mr. Lombardi believes the Architecture for Excellence is a tool that has helped. The employees had the team concept; however, they had experienced a breakdown of morale for many reasons. For any program to be successful, there must be trust. He recommended that a scope of services be provided with no hidden agendas. The program should be common practice citywide so that the employees support it 100%. The impact of a program like this affects livelihoods, careers, goals, morale and camaraderie. Therefore, it should be taken very seriously. (A copy of Mr. Lombardi's speech is attached to the original set of these minutes on file in the City Clerk's Office.) Anne Smith, resident and employee of Boynton Beach, feels a lot of good things will come out of the Architecture for Excellence, but questioned why it was necessary to give an outsider $300,000 to show us how to be a team. During Commission meetings, there are never citizen complaints about the employees. The employees have always been a team by taking an interest in their jobs and making administration and the Commission look good through their hard work for the citizens. In 1994, Ms. Smith wrote a Letter to the Editor of the Boynton Times giving credit to the utility workers for the more than $100,000 they saved the City by volunteering their services and working as a team. They revamped an old S.W.A.T. van to become a pipeline inspection van that detects any blockage in a sewer line. That van is still in service today. The City saved an additional $20,000 when employees painted the ground storage tanks themselves rather than hiring outside contractors to do the job. Ms. Smith said she was disturbed to read that a Haitian employee was verbally abused during the Architecture for Excellence sessions because of a language barrier. Employees should not have to go to work to be humiliated. She feels all employees have given 110% of themselves to the City and have excellent ideas on ways to make it better. She is certain that giving the employees $300,000 would be a great incentive for teamwork. (A copy of Ms. Smith's speech and Letter to the Editor are attached to the original set of minutes on file in the City Clerk's Office.) MEETTNG MTNUTES REGULAR CZ'FY COMMI'SSI'ON BOYNTON BEACH,, FLORZDA FEBRUARY 2~, 1999 Elizabeth Jenkins, 711 NW 1st Street, requested clarification of the street signage with respect to Martin Luther King, Jr. Boulevard. She pointed out that the entire length of Martin Luther King, Jr. Boulevard was to be acknowledged on the signs in that manner. Instead, the new signage on Federal Highway indicates Martin Luther King, Jr. Boulevard to the west and NW 10th Street to the east.. She also asked for clarification regarding Gateway Boulevard. Mr. Hawkins advised that when FDOT reconstructed Federal Highway, they installed all of the larger signs. They also installed the individual signs on the side streets. FDOT policy states that signage on streets with more than one name will have all names listed. In the case of the sign referenced by Mrs. Jenkins, vandals painted arrows on the sign after it was installed. When the vandalism was discovered, the City removed the arrows. Therefore, the situation has been corrected. In response to Vice Mayor Jaskiewicz, Larry Roberts, Director of Public Works, reported that the City is expecting the 100% design plans within the next week for the Gateway Boulevard project. Vice Mayor Jaskiewicz said the work would begin shortly. A resident of 306 NE 11th Avenue congratulated City Manager Willis on her new position. She expressed concern for herself and elderly neighbors regarding the bombardment of extremely loud music in the neighborhood from the corner of Seacrest Boulevard and Martin Luther King, Jr. Boulevard and east to Railroad Avenue. On the weekends, the music at Frederick's, located at the corner of Martin Luther King, Jr. Boulevard and Railroad Avenue, begins at dusk on Friday and goes on until 2:00 a.m. on Sunday. In the 200 Block of Martin Luther King, Jr. Boulevard, there is constant music all week and on the weekends. If these people are having a block party, there should be agreement from the residents on the time limits for this type of music. In the apartment complexes to the west of St. Paul AME Church from 220 to 224, 307 and the house at 227 NE 2nd Avenue, there are tenants who rent from landlords who do not live in Boynton Beach. She has contacted the Police Department on many occasions. Even though the Police respond when called, and the people lower the music while the Police are present, as soon as they leave the volume goes back up. The resident requested assistance from the Commission. Mayor Taylor sympathized with this resident and explained that he experienced a similar situation in his community. He suggested that Code Compliance be contacted so that they can measure the sound and follow up with fines. Vice Mayor Jaskiewicz feels something needs to be done to "lower the boom". She will discuss this issue with Police Chief Gage. Victoria Costello, Boynton Beach.com, 406 South Seacrest Boulevard, said she represents the City of Boynton Beach to the world through the Internet at no cost to the City. She distributed information to the Commissioners. She has been a resident since 1959. She is aware of the dedication of City employees. The Architecture for Excellence has caused a great deal of dissension and questioned why this situation went so far before it was realized. Ms. Costello stated that we have a wonderful City and a Police Department that responds immediately. She is very proud of this City. 10 MEETI'NG MTNUTES REGULAR CI'TY COMMTSSI'ON BOYNTON BEACH, FLORTDA FEBRUARY 2,, 1999 Betty Collins, Chairwoman of the Senior Advisory Board, reminded everyone that this City would soon be losing a lot of supporters of the Senior Center. The City Commissioners and City Manager have supported this effort. The building construction will begin shortly and Ms. Collins is hopeful the new Commissioners and City Manager will follow through with these plans. When the center opens, it will be a place for people to gather. The County cannot handle the number of seniors who need help. Ms. Collins feels the time is right to develop policies regarding how the needs of the seniors will be handled. It is important to provide social services. County representatives and people experienced in handling seniors are needed. Bill Cwynar, 2701 SW 8th Street, is a candidate for City Commission District I. He expressed concern about staff saying an expenditure in excess of $30,000 for the Architecture for Excellence was an oversight. This was a big mistake - not an oversight. The Commission needs to take measures to ensure that this never happens again. Henrietta Solomon, 230 NE 26th Avenue, said she was amazed to read that our City Manager was leaving. She recalled that two consultants were necessary to search for a City Manager the last time. City Manager Willis was hired and the City of Boynton Beach has been extremely generous with her salary and education. Ms. Solomon recommends that the City Commission look inside the organization for a new City Manager since we already have someone in place who is professional, has been the Assistant City Manager, the Personnel Director and in charge of Utilities. During interviews, people who speak well have an edge. In Mr. Sugerman's case, we know he can "fill the bill". MAYOR TAYLOR DECARLED A BRIEF RECESS AT 7:55 P.M. THE MEETING RESUMED AT 8:10 P.M. VII. PUBLIC HEARING: None VIII. BIDS: Authorization to allocate $364,140 (including contingency) from CIP to complete Phase I of the Senior Center, and that the bid be awarded to Coral Tech Associates, Inc. as the Iow bidder in the amount of $346,800 (PROPOSED RESOLUTION NO. R99-'10) Motion Vice Mayor Jaskiewicz moved approval. Commissioner Titcomb seconded the motion that carried unanimously. IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None 11 MEETI'NG MI'NUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH,, FLORI'DA FEBRUARY 2, 1999 Xl. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 099-04 Re: Authorizing the abandonment of a portion of alley west of property located at 125 SW 1~t Avenue Attorney Cherof read Proposed Ordinance No. 099-04 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON PROPOSED ORDINANCE NO. 099-04. Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 099-04 on second and final reading. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading ProPosed Ordinance No. 099-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84- 51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes, 1996 Attorney Cherof read Proposed Ordinance No. 099-05 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-05 on first reading. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 099-06 Re: Approving the abandonment of a special purpose easement and utility easement recorded for a previously proposed subdivision that was not developed (Manatee Bay fka Banyan Cove) Attorney Cherof read Proposed Ordinance No. 099-06 by title only. Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 099-06 on first reading. Commissioner Denahan seconded the motion. CitY Clerk Sue Kruse polled the vote. The vote was unanimous. 12 MEETZNG MI'NUTES , REGULAR CtTY COMMTSSTON BOYNTON BEACH,, FLORI'DA FEBRUARY 2~ 1999 C. Resolutions: None D. Other: 1. Career Development Appropriations City Manager Willis reported that in accordance with our team training and career development program that was started in 1998 with the adoption of the Citywide reorganization plan, we have had a great deal of disturbing and confusing reports come out in the newspapers. It took a lot of effort to research the misstatements that were printed in the newspapers. The City Commission adopted the restructuring plan in 1998 with the adoption of the budget. At that time, a great deal of detail was offered with respect to the streamlining from 17 departments down to 7 departments and the team training that would be required to push down the levels of authority throughout the organization to the frontline employees. Resolution No. 98-85, passed in May of 1998, retained the services of Falcon Marketing & Management, Inc. in the amount of $30,000. Adoption of the Architecture for Excellence was accomplished by Resolution instead of the normal contractual arrangement. This process allowed the training item to be charged against individual training budgets throughout the City instead of triggering a single purchase order through the Finance Department. A total of $200 per employee was appropriated for career development training expenses in the beginning of fiscal year 1997/98 and this program continues into the current fiscal year 1998/99. Of the $131,700 appropriated for this purpose in fiscal year 1997/98, we carried forward a balance in excess of $50,000 at year end. This money has been reserved for career development purposes and was brought forward to the new fiscal year. The total program allocation was budgeted and approved by the City Commission during the current appropriations process, through the budget, in the amount of $155,900. The total fund balance remaining to date to continue the program through the fiscal year 1998/99 is $127,782. This figure is well within the overall appropriation for career development expenses as approved by the City Commission during the fiscal year 1997/98 budget. In summary, this is not an issue of misappropriation, but of miscommunication. In the future, our purchasing procedures will ensure that this situation does not occur. City Manager Willis requested that the City Attorney confirm the fact that there are no outstanding legal issues with regard to the funding of our training program. Attorney Cherof said he was asked by the City Manager to go back to the last fiscal year and trace forward the funds referenced in the Resolution authorizing the expenditure of $30,000 for this trial program and other appropriations with respect to training and career development. There are no outstanding legal issues or concerns that need to be resolved by the Commission. The Commission remedied the number issue when it appropriated this year's operating budget because each of the departments made specific line item requests for training funds. As the City Manager indicated, the unused funds from the previous year were carried forward and coupled with what was appropriated this year. There are sufficient funds on hand to fund what was already appropriated and used for training and to continue to fund that in the future. Staff is preparing an annual report to the Commission at the end of March or beginning of April. Attorney Cherof recommended that the Commission wait for staff to complete' that report and analysis and look at the issue of appropriation in next year's budget one more time. 13 MEETTNG MTNUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH,, FLORTDA FEBRUARY 2~ 1999 Vice Mayor Jaskiewicz said she listened to the seven candidates for the position of Assistant Police Chief. Every one of the candidates spoke of the importance of training and becoming a part of a team. This is an integral part of any organization. Mayor Taylor also sat in on the assessment and advised that during the process, they were challenging the candidates to cut funding from training. Because they felt training was so important, all of the candidates refused to take any funding from that area. In Mayor Taylor's opinion, training is a #1 priority. During his Air Force career, he attended management schools on many occasions. When he became a manager, he continued taking advanced management training. This training pays off because the workforce changes over the years. Every human being should continue training and education because it is invaluable. It is not uncommon to have some complaints about portions of the training. However, these seminars make people take a hard look at themselves to learn weaknesses and strengths. This is part of growing even though it is uncomfortable and it will pay dividends down the road. There is a cost associated with this type of training, but the savings, benefits and efficiency comes back 100 fold. The only problem he has with this situation is that it should have been marked in the budget as Architecture for Excellence. Vice Mayor Jaskiewicz added that one of the Assistant Police Chief candidates said that when a person accepts employment in the City, that person is an ambassador of that City and the training reflects on that to make the person a better ambassador. Mayor Pro Tem Tillman feels that human growth and development occurs on a continual basis. If training is stagnant, the organization will be stagnant. It bodes well for every organization to have a training program where employees can continue to better themselves. People must be challenged to be better. Commissioner Denahan advised that the Commissioners meet with the City Manager weekly and the City Manager received affirmation that the Commissioners were pleased with the results of the Architecture for Excellence. She had the full support of the Commission for this program. Commissioner Titcomb reminded everyone that this community and the Commission gave the charge to administration to move it in a world-class direction and make it more responsive. This program has gone far to accomplish that goal. He challenged those who come after this Commission to keep moving forward with that momentum. Xll. UNFINISHED BUSINESS: A. Items requested for discussion by Vice Mayor Shirley Jaskiewicz 1. Ocean Ridge Property Disposition (TABLED TO FEBRUARY 2ND) Motion Vice Mayor Jaskiewicz moved to remove this item from the table. seconded the motion that carried unanimously. Mayor Pro Tem Tillman 14 MEE'I'ZNG MTNUTES REGULAR CTTY COMM~ZSSI'ON BOYNTON BEACH, FLORZDA FEBRUARY 2, 1999 Vice Mayor Jaskiewicz reported that all Commissioners are aware that the City of Boynton Beach has been negotiating with the Town of Ocean Ridge for many years. Several workshops were held with all Commissioners present and a workshop was held among Commissioner Titcomb, two members of the Ocean Ridge Commission and Vice Mayor Jaskiewicz to try to resolve this issue. Originally, when Ocean Ridge first suggested planning some of the property, they were interested in the north parcel. After that, they decided the southern portion would better suit their needs. They then made another suggestion that they would like to have both parcels and they would permit us use of the property. No one on the Commission agreed with that proposal. The northern parcel has two areas contiguous to mangroves. This is a concern. There is no paving and the topography is very uneven. It would require a great deal of fill to make it suitable. The southern parcel is the current parking lot. While we want to cooperate with Ocean Ridge and understand their desire to expand their facilities, we do not want to lose the ability to expand our parking area for the beach. Vice Mayor Jaskiewicz requested a consensus to make a proposal to the Town of Ocean Ridge if the Commission is interested in disposing of any of the property. Vice Mayor Jaskiewicz is concerned that if we allow them to have the southern portion and attempt to develop the northern portion, it is contiguous to another parcel that could be developed. The southern portion already consists of a parking lot and would not create concerns by abutting property owners. Commissioner Titcomb questioned whether the Town of Ocean Ridge expressed interest in settling this issue at this time. Vice Mayor Jaskiewicz responded affirmatively, but advised that they have indicated their interest in the southern parcel. Mayor Taylor reported that he and City Manager Willis met with the Town of Ocean Ridge City Manager and Mayor and they would like to have all of the property. They offered to trade us a small piece of property on the beach side. We turned down that offer before. Their Town Hall is landlocked between our two pieces of property. Our position was that we did not want to give it all up. They are open to an offer from us. When asked what our incentive to sell would be, they asked us to make an offer. Mayor Pre Tem Tillman recommended that the City determine a rental fee to be charged since they are using our property. We need to propose an amount of money in terms of value of the property and start the clock running. Mayor Taylor agreed with this recommendation. In addition, he pointed out that the Town of Ocean Ridge installed "No Parking" signs on the City of Boynton Beach property. The City needs to pursue the removal of those signs. Vice Mayor Jaskiewicz inquired about the Commissioners' feelings with regard to selling the Town of Ocean Ridge the northern parcel for $200,000. Commissioner Titcomb feels time is on our side and we have no necessity to move. Ocean Ridge is landlocked and has the greater need for resolve. He would support rental of the property and removal of the "No Parking" signs and delay a decision on the sale of the property until the offer is attractive. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 2, 1999 Vice Mayor Jaskiewicz pointed out that our City is growing and we have the potential for a lot more beach use in the foreseeable future. Mayor Pro Tem Tillman is in favor of having the Legal Department draw up something in terms of the value of Ocean Ridge being on the property and what would be owed per month. He recommended starting the clock running to give us more muscle. He feels the City of Boynton Beach has been neglectful since we have not imposed a fee to this point. Vice Mayor Jaskiewicz reminded everyone that the mangroves are increasing. If the northern parcel is of no value to the City of Boynton Beach, we should consider disposing of it. Mayor Taylor feels that if the Commission is of the opinion that We can live with the southern parcel, we may want to let them know we will sell them the northern parcel for a certain amount of money plus, as an incentive, we'll take the piece of property on !the beach. Commissioner Denahan agreed that time is on the City's side. In the spirit of cooperation, we recommended continuing negotiations with the Town of Ocean Ridge. She would prefer to hold off on a definite decision since the dollars offered have not been enticing. Mayor Taylor explained that they may decide to go to court and Claim eminent domain, and we will end up in court. Perhaps we might be able to work out a better solution. Vice Mayor Jaskiewicz feels that after two years, we should be able to arrive at an acceptable proposal that would benefit the City and is cooperative with the Town of Ocean Ridge. Commissioner Denahan feels the eminent domain process is lengthy and costly and she believes the City of Boynton Beach should wait until a better offer is proposed and continue to work with them in the spirit of cooperation. Mayor Pro Tem Tillman is not in a hurry to sell this property and suggested that we determine the value of the land for rental purposes. Mayor Taylor pointed out that if the City were to develop the land for parking, it would become more valuable. Commissioner Titcomb recommended looking at our future needs to determine the value of each parcel independently. Then we might be able to strike a deal. Vice Mayor Jaskiewicz recalled that in 1977, Ocean Ridge challeJ~ged the City with respect to ownership of the property. The case was litigated and it was determined that Boynton Beach was the owner. Consensus There was a consensus of the Commission that we would pursue our landlord rights on the land so that we have a starting point and we will change the signs that say "Ocean Ridge Residents Only" on the City of Boynton Beach property. 16 MEETING MINUTES REGULAR CTI'Y COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 2, 1999 Xlll. OTHER: None XlV. ADJOURNMENT: There being no further business l:o come before l:he City Commission, l:he meel:ing properly adjourned al: 8:50 p,m. C~-Y OF BOYNTON ATTEST: erk pes) ¢or Vice ,~sioner Commissioner JMP 2/4/99 12:33 PM 17 My name is Anne Smith and I am a resident and employee of Boynton Beach. I would like comment on the $300,000 spent on the Architecture for Excellence Program. I am sure there are good things that ~ come out of the Architecture for Excellence Program, but $300,000 sure seems to be a lot o£money spent. Do we give our employees such little credit that we have to pay 300,000 for an outsider to come and show us how to be a team? Who better than the employees know the needs of the citizens and the city. This is their city. I never hear any of the citizens complain at the commksion meeting about the employees. These employees have always been. a team, taking an interest in their jobs, making their bosses, administration and the council look good through their hard work for the citizens. I present a letter that was written to the Editor of the Boynton Times in 1994 wherein I gave the utility workers credit for the money they saved the city-more than $100,000, by volunteering their services and working as a teton. They even took an old SWAT van from the Police Dept that was gathering cobb webbs, and volunteered to revamp it using their specialty trades (electrician,painter, carpenter) and created the pipeline inspection van which detects any blockage in the sewer line, and still is in service today. They also saved the city 20,000 by painting the ground storage tanks themselves instead of the job being contracted out. They did this, not to be recognized by an award at the commission meeting, but because they took pride in their city and themselves working as a team, and all this was self-initiated. I was disturbed to read in the newspaper how a Haitian employee was treated in these sessions due to a language problem. Employees shouldn't have to go to work to be humiliated. These employees should be treated with respect and dignity, wouldn't that make an employee want to be a team player? You would want the employees to be polite and courteous to citizens-do the employees deserve less? All the city employees have given 110% of themselves to the city and have excellent ideas to make it a better city. They haven't been rewarded by the money they saved, instead they have only had their pay plan taken a'way, and taken out of civil service. I am sure 300,000 given to the employees themselves would be a great incentive for team work, Thank you. ~sp4 !~.Carpente~)~ "~YOu ~'Cre~ 02?05?99 WED 3.4:53 ~oo~ I would like to talk about thc Architccturc for Excellence program. I have sccn groat things as a result of this program, Crews, Divisions, Departm~ts, and an overall acceptance from everyone. But it docsa't come without doubt or concerns. The two Divisions I supervise trove done quite well. Therc is a definite team spirit happening. We no longer accclX thc decisions of one but the collective of many. Everyone involved has a feeling of ownership. I woold like to see thc._ArchRecu~ for Excellence- program continue with some exceptions or with some resolve. In the program we are taught we must go throu~ a clearing out stage. This clearing out stage opens you up to your team, far issues that you are bothered about and problems with team players. My question is what do we get fi~om this? I believe that to build, a ~©am, you first do not start be tearing them down but to build from their assets. In my first year as supervisor, I was trying to convey a team concept to the group. A new style of management is what was needed. The Architecture for Excellence progro_m was adopted and I said to myself, here. is a tool for mc to use to help me. along. It has helped, but remember that it is just a tool and if we are not cr~smen, then the tool we Uae ia limited. My observations at this point are, I believe the employees always had that team concept, believed in a goal, strive for break- experienced a breakdown of moral for a number of r~, reasons we need not discuss but all of us remember. For any program to be successful you have to have trust. Trust from Commission to the laborer in the hole digging. That is a team. I ann reading this to you tonight for this very reason. Once again controversy is at the commission me~ing and in the newspapers. This is no way to becOme "World Class". Yes world class, teams and goals, these are buzz words of the 90's. But in business, . private or public, it is What nnnkes the difference. A program like this can make a difference. You must first know the cost. Decide even if it is costly, the potantial of a program like this. Set a scope of services, no hidden agendas and convey the trust, that this program will be common practice citywide and anyone connected with the operations of the city. With this uad~z~tanding first, it leaves no question of money or services. Employees enter into a ~ 100%, Without doubt or I leave you with this, please ur~lerstand that the impact of a program like this will effect someone's livelihood, career, goals, moral and comradery among 'workers if it is taken to llghtly, or if it was an oversight while in the planning stages, or ii'we abolish it and say ok on to something new. A whole new approach and a change in direction is something that should be taken very, very seriously. · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center APPLICANT'S AGENT: Kevin Donahue, Donahue and Company, Inc. APPLICANT'S ADDRESS: 1489 W. Palmetto Park Road, Suite 501, Boca Raton, FL 33486 DATE OF RATIFICATION BEFORE CITY COMMISSION: February 2, 1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: 1800 Corporate Drive 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. DATED: J:,SHRDATA~Ianning,SHARED,WP,PROJECTS,Boynton Comm Ctr_MPMD 98~PMD,Develop. Order. doc '' ...... % ;~*""~;~ EXHIBIT "E" Conditions of Approval Project name: Boynton Commerce Center File number: MPMD 98-004 Reference: The plans consist of 11 sheets identified as 2nd Submittal, Master Plan Modification File # MPMD 98-004 with a December 31, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Loading spaces adjacent to dumpsters (between Buildings "B" and "C") X obstructs access; eliminate loading space adjacent to dumpsters or increase angle to provide needed access. 2. Place dumpsters, located north of Building "C", at angles to maximize X access by city (also see preceding comment relative to obstruction of adjacent loading space. 3. All plans submitted do not show similar placement of dumpsters. X UTILITIES Comments: 4. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 5. The Utilities Department strongly recommends that the water main be X looped on the north side of building "C" so as to assure acceptable water circulation and quality. 6. The fire sprinkler connection to building "A" will require a reduced X pressure zone backflow preventer if connected to a pumped system as indicated on the site plan. Please correct the note on engineering sheet 1 of 1 to this effect. (Sec. 26-207) 7. The Utilities Department has no objection to eliminating fire hydrant no. X 4 if approval for this change is acceptable to the Fire Department. Page 2 Boynton Commerce Center File No.: MPMD 98-004 DEPARTMENTS INCLUDE REJECT FIRE Comments: 8. At Building "A", show fire connection for sprinkler system. X 9. Provide distance between hydrant #3 and #5; if code compliant, hydrant X #4 can be deleted. POLICE Comments: None X ENGINEERING DIVISION Comments: 10. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 11. Provide advance pedestrian crossing signage and signage at each of the X three pedestrian crossings per MUTCD. 12. Provide a trip generation report for determining the remaining available X trips for the remaining undeveloped parcel. 13. Consider the following modification to the three-way stop intersection X between buildings B and C for a more efficient and safe circulation pattern. Dead-end either parking area west of the intersection which will eliminate all stop signs and provide through traffic for the other leg of the "Y". Also, provide a two-way crossover through a portion of the base of the landscape triangle to facilitate ingress/egress for the closed portion of the "Y". BUILDING DIVISION Comments: 14. Considering the applicant included floor plan drawings with the X submittal for a master plan modification, show compliance with the following accessibility comments: Page 3 Boynton Commerce Center File No.: MPMD 98-004 DEPARTMENTS INCLUDE REJECT a. Provide detail drawings explaining the accessible ramp area that is shown on the floor plan drawings of operation centers "B" and "C". It is recommended that the plans be amended to show the ramp configuration matching the accessible ramp that is shown on the floor plan of operation center "A". b. On the floor plan drawings of each building, identify a six-foot long landing at the bottom of each accessible ramp. c. Identify the width of the accessible route/walkway that leads to the building entrance from the accessible parking spaces. d. Indicate on the floor plan drawing of each building the finish grade elevation of the bottom landing at each accessible ramp. Show on the plans how the transition will be made from the elevation of the bottom landing to the elevation proposed for the finish floor of each building. Indicate on the plan the slope of the ramp. Also, dimension the width and length of the ramp and, where applicable, show and identify the required handrails. [Florida Accessibility Code for Building Construction, Section 4.6 and 4.3] 15. Indicate the proposed finish floor elevation on the flo6r plan drawing of X each building. Provide a copy of the South Florida Water Management District permit that verifies the proposed finish floor elevation is in compliance with the minimum standards. 16. Add a note to each elevation view drawing of the buildings indicating X that no building signage will be allowed without receiving site plan approval for signage. 17. Submit a survey of the area that is proposed to be modified. X 18. It appears as though some of the dumpster enclosures are partly located X within an easement. Show, label and dimension on the floor plan drawings all existing and proposed easements. Where applicable, remove the enclosures from the easement. Add a note to the master plan indicating that no building or structure shall be placed within an easement. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. Applicant must contact the Lake Worth Drainage District and Florida X Page 4 Boynton Commerce Center File No.: MPMD 98-004 DEPARTMENTS INCLUDE REJECT Power and Light in reference to existing trees in these two easements (west property landscape buffer). 20. The applicant must provide a detail of the west property line exotic X removal and replacement plan. This would include the quantities of exotic trees removed and the quantities and type of native trees to be installed by the applicant. This would include any irrigation supply to establish the native trees. 21. There should also be a similar detail plan for the lake X landscape/irrigation renovation project. PLANNING AND ZONING Comments: 22. Change plan label from "Site Plan" to "Master Plan" X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 23. None. X ADDITIONAL CITY COMMISSION CONDITIONS 24. T~termi~ ,4~,4/~' 1.~ J:\SHRDATA~PLANNING\SHARED\VVP~ROJECTS\BOYNTON COMM CTR-MPMD 98-004ffvlPMD\COND. OF APPR-2ND SUBMITTAL.DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Wreck Restaurant APPLICANT'S AGENT: Robert Currie APPLICANT'S ADDRESS: 134 N.E. 1st Avenue, Delray Beach, FL 33444 DATE OF CITY COMMISSION RATIFICATION: February 2, 1999 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 502 E. Ocean 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 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 th~ terms and conditions of this order. Other DATED: City Clerk J:~SHRDATA~Planning~SHARED~PROJECTS~e Wre~ Re~SPM~Development O~ - MSPM.doc EXHIBIT "C" Conditions of Approval Project name: The Wreck Restaurant File number: MSPM 98-004 Reference: The plans consist of 3 sheets identified as 2nd Review, Major Site Plan Modification. File # MSPM 98-004 with a January 8, 1999 Planning and Zonin; De ~artment date stan DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. Place note on dumpster detail to indicate Sallie. 2. As per section 10-25 in the City Code, free dumping access to containers X at all times shall be provided by the user. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your Health Department permit application and plans. 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon f'mal meter size, or expected demand above existing. 5. Provide an engineer's written certification that drainage will conform X with all rules of the City and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F). There does not appear to be any provision for the required on-site pretreatment. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 7. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) · Page 2 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS INCLUDE REJECT 8. A scaled drawing showing the site drainage plan shall be submitted. X (LDR Chap. 4, Sec. 7F) FIRE Comments: 9. All wood or partial wood structures shall include approved automatic fire X sprinkler systems. (Chapter 9, Section 9-6) POLICE Comments: 10. Show access ramps to site from proposed parking for handicapped X persons. ENGINEERING DIVISION Comments: 11. Show measurements on parking detail from center lines. X 12. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limed to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 13. Show stop sign and bar at end ofN.E. 4th Street alley. X 14. Show accessible ramp at S.E. corner of Ocean Avenue and S.E. 4th X Street. 15. Provide a drainage plan and engineer's certification as specified in X Chapter 4, Section 7.F. of the LDR. BUILDING DIVISION Comments: 16. At time of permit review, provide detail drawings of the handrails that X are required for the 1:20 ramps identified on the plans. Also show, label and dimension the landings that are required at the bottom of all ramps. The accessible route that is required from the accessible parking spaces Page 3 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS INCLUDE REJECT to the accessible entrances of the building shall be shown in compliance with the regulations specified in the Accessibility Code for Building Construction, Section 4.3 and 4.6. 17. Show and label on the floor plan drawing the level platforms that are X required at the accessible entrances to the building. Also dimension the clear space that is required at the handle side of the accessible doors located on the west side of the building. 18. On the floor plan and the site plan drawing, indicate the proposed f'mish X floor elevation. 19. Place a note on the elevation view drawings indicating that the wall X openings and wall construction shall comply with Table 600 of the Standard Building Code. 20. At time of permit review, add the following building specifications to the X plans: occupancy classification, type of construction and the flood zone the project is located within. Please note that changing the occupancy classification of the building will require that certification be provided that indicates the floor loads will comply with the specifications of the new occupancy classification. 21. Considering detail drawings of the site and building signage were not X submitted, place a note on the site plan and elevation view drawings indicating that separate site plan approval is required for site and building signage. The signage shall comply with the sign regulations specified in the Sign Code and the Design Guidelines Boynton Beach Central Business District. [Chapter 9, Section I]. 22. At time of permit review, submit a current survey of the project. Also, X submit a recorded Unity of Title form that combines the subject parcel of land with the parcel of land that contains parking spaces and is located south of the City alley shown on the site plan. 23. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 4 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS 1NCLUDE REJECT PLANNING AND ZONING Comments: 24. Submit deed or purchase contract. X 25. Submit a unity of title unifying all parcels to prevent future separation of X the parking area from the restaurant. 26. Submit colored elevations with colors consistent or comparable with X color alternatives for CBD (CBD Guidelines). 27. Replace the proposed Coconut Palms with Royal Palms consistent with X the Visions 20/20 Implementation Plan recommendations. 28. Show required and provided setbacks (note rear setback is 8 fee0. X 29. Show parking space details for both regular and handicapped spaces in X conformity with city codes (see single regular space near building). 30. Dimension landscaped strips around parking area. X 31. Parking - proposed plan still shows reduction in parking by 35%; X reduction up to 50% is allowed but if less than 100% of required spaces are provided, remove 35% calculation. 32. Indicate source of irrigation on landscape plan. X 33. Show proposed type of signage, and details (sign design should also be X consistent with requirements of CBD Guidelines or "Visions 20/20" recommendations). 34. Show breakdown of existing and expanded area of building (square fee0. X 35. Provide traffic data sufficient to review road impacts represented by X expanded portion of project and to satisfy county traffic performance standards. 36. Provide association or lease documents relative to cross/shared access, X sharing of dumpster, property maintenance, etc. 37. The site is deficient of the required number of parking spaces; either X obtain relief via variance approval, provide an agreement for the remaining required number of parking spaces, or submit in writing the commitment to participate in and/or contribute to any future comprehensive parking strategy/shared parking program applicable to the use. Page 5 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 38. Property shall comply with any environmental regulations applicable to X site where insecticides where previously stored. ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~Plannin~\SHARED\WP\PRO.IFCTR\Th,~ w,-~,-I,- n,~,~a~a~^.a ~,- .... -,_., ........ MWR/bme/dim ppr-2nd review.doc , . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Manatee Bay (fka Banyan Cove) APPLICANT'S AGENT: Jan Hansen, Olen Development Company APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING BEFORE CITY COMMISSION: February 2, 1999 TYPE OF RELIEF SOUGHT: Abandonment (special purpose and utility easements) LOCATION OF PROPERTY: 1632 N. Federal Highway 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 MA'I-I'ER 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 × 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. city C erk J:~SHRDATA~Planning~SHARED~WP~PROJECTS~Manatee Bay fka Banyan Cove~BAN~Develop. O~er Form.doc /lllllllillli[l~[~ EXHIBIT "D" Conditions of Approval Project name: Manatee Bay (fka Banyan Cove) File number: ABAN 98-010 Reference: Abandonment application submitted November 16, 1998. 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: 1. Consent from all utilities, or satisfaction of requirements generated from X utility reviews. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONSI Page 2 Manatee Bay (fka Banyan Cove) File No.: ABAN 98-010 DEPARTMENTS INCLUDE REJECT 2. None X I ADDITIONAL CITY COMMISSION CONDITIONS MWR/bme/dim S:~PLANNING~SHARED\WP~PROJECTS~MANATEE BAY FKA BANYAN COVE~ABAN~COND. OF APPR. DOC · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE · CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Collier Commercial APPLICANT'S AGENT: Scott D. Dyer APPLICANT'S ADDRESS: 7522 Briar Cliff Circle DATE OF CITY COMMISSION RATIFICATION: February 2, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 409 N.E. 3rd Street 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~/~ ~~~ ~/~ ' ' ~ CityClerk~ --- J:~SHRDATA~Planning~SHARED~PROJEOTS~Collier Commercial~Development Order - nWSP.doc EXHIBIT "C" Conditions of Approval Project name: Collier Commercial File number: NWSP 98-019 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-019 with a January 15, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. The dumpster enclosure at the above site should be 10' x 10' inside X measurement. The applicant must supply a detail drawing of the enclosure with the plans. UTILITIES Comments: 2. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your Health Department permit application and plans. 4. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may, therefore, not be used for irrigation where other sources are readily available. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to Page 2 Collier Commercial File No.: NWSP 98-019 DEPARTMENTS INCLUDE REJECT the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 7. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) 8. The waste stream from any manufacturing process must meet the City's X pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream. (Sec. 26-143, 26-147) FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 9. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 10. Show the proposed locations of lighting on the site plan and the X landscape plan. [LDR, Chap. 4, Sec. 7B4; Chap. 7.5, Art. III, Sec. 8A7c and Chap. 23, Art. IIA] 11. Add a general note to the paving and drainage plan that all striping, X signage and markings shall be in accordance with City Standard Drawing B-90012 and its revisions. 12. Revise the parking detail to show angled parking and 4" white, angled X striping within the handicap access aisles and delete the plan view of the curb cut. 13. Provide a typical detail of the handicap stall and accessible path for X buildings #1 and #3 and another for building #2 to show an acceptable slope and path to the front entrances in accordance with the latest Florida Accessibility Code for Building Construction. Page 3 Collier Commercial File No.: NWSP 98-019 DEPARTMENTS INCLUDE REJECT 14. Use the "One Way" arrow signs for both egress driveways for greater X driver awareness. 15. Provide a drainage plan showing elevations, flow arrows, proposed X drainage structures, proposed treatment facilities, etc. [LDR, Chap 4, Sec. 7F] 16. Provide a detail for the 6-foot high pre-cast concrete wall. X 17. Provide a notation on method of irrigation. [LDR, Chap. 4, Sec. 7C] X BUILDING DIVISION Comments: 18. Indicate on sheet A-1 the setback dimension from N.E. 3rd Street to the X leading edge of each building. 19. At time of permit review, provide detail drawings that verify the X transition from the elevation of the accessible parking spaces to the finish floor elevation of each building is in compliance with all regulations of the accessibility code. All aspects of the accessible route shall comply with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route and Section 4.6, Parking and Passenger Loading Zones. 20. Indicate on the site plan and/or survey the flood zone that the project is X located within. Where applicable, amend the £mish floor elevation to comply with the minimum elevation required for the subject flood zone. 21. Prior to the issuance of the building permit for building #2, provide two X copies of the Palm Beach County recorded abandonment for the easement shown on the plans. 22. Prior to the issuance of the building permits for the buildings, a recorded X unity of title shall be submitted that combines the six lots into three lots. The lot arrangement of the three new lots shall match the lot/building layout depicted on the approved site plan. 23. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None X Page 4 Collier Commercial File No.: NWSP 98-019 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: 24. Clearing and grubbing permit required. X PLANNING AND ZONING Comments: 25. Provide applications for the abandonment of N.E. 3rd Avenue and N.E. X 4th Avenue, or remove plan note indicating abandonment procedures have been initiated. [LDR, Chap. 22, Art. III] 26. Change note on landscaping detail to maleluca mulch, not cypress X mulch. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 27. None. X ADDITIONAL CITY COMMISSION CONDITIONS 28. To be ............. J:\SHRDATAkPlanning\SHARED\WP~PROJECTS\Collier CommercialXNWSPkcond. of appr-2nd review.doc MWR/bme/dim