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Minutes 06-01-99 MINUTES OF THE REGULAR CITY COMI~IZSSION MEETZNG HELD IN COMMISSION CHAMBERS~ CITY HALL~ BOYNTON BEACH~ FLORZDA ON TUESDAY~ 3UNE 1~ 1999 AT 6:30 PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Reverend Dr. Marshall Cook- Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Vice Mayor Henderson Tillman Mayor Broening called the meeting to order at 6:38 p.m. Tillman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Following the invocation, Vice Mayor Commissioner Sherman requested that Items IV.C.4 and IV-D.2 be removed from the Consent Agenda for discussion. Vice Mayor Tillman requested that Item IV-D.3 be removed from the Consent Agenda. Commissioner Denahan requested that Item IV-C.5 be removed from the Consent Agenda for discussion. 2. Adoption Vice Mayor Tillman moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. I1. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date TV Tillman Children & Youth Advisory Board Alt I yr term to 4/00 TABLED (2) Mayor Broening Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 TABLED (2) Mayor Broening Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 TABLED (2) I Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 TABLED (2) ]~I Denahan Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 TABLED (2) TI! Sherman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 TABLED (2) MEETING MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOI~tDA 3UNE 1~ 1999 Mayor Broening Mayor Broening ! Weiland IV Tillman Mayor Broening II Denahan II Denahan II! Sherman !1'! Sherman IV Tillman Code Enforcement Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Nuisance Abatement Board Recreation & Parks Board Firefighters' Pension Board The following appointments were made: Motion. Alt i yr term to Alt i yr term to Alt i yr term to Reg 2 yr term to Reg 2 yr term to Stu i yr term to Alt I yr term to Reg 2 yr term to Alt I yr term to Reg 2 yr term to 9/99 TABLED (2) 4/00 TABLED (2) 4/00 TABLED (2) 4/01 TABLED (2) 4/01 TABLED (2) 4/00 TABLED (2) 4/00 4/01 TABLED (2) 4/00 TABLED (2) 4/01 Commissioner Weiland appointed 3Dy Currier as an alternate member of the Community Relations Board. Commissioner Denahan appointed Laura Edwards as a student member of the Education Advisory Board. Commissioner Denahan appointed Daniel Holthouse as an alternate member of the Library Board. Commissioner Sherman appointed Robert Taylor as a regular member of the Firefighters' Pension Board. Vice Mayor Tillman moved to approve the appointments and table all remaining appointments. Commissioner Sherman seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Neighborhood Summit Meeting - June 7th from 7:00 p.m. to 8:30 p.m. in the Library Program Room Mayor Broening made this announcement. Landlords of Multi-Unit Dwellings Workshop with the City - June 9th from 11:30 a.m. to 1:00 p.m. in the Library Program Room Mayor Broening made this announcement. MEET']:NG MTNUTES REGULAR C'rTY COMM'rSSTON BOYNTON BEACH, FLOR.I:DA .~UNE 1, 1999 3. Community Redevelopment Agency Meeting - 6:30 p.m. on June 9th in the Library Program Room Mayor Broening made this announcement. B. Presentations: 1. Proclamations: a. "Stand for Children Day" - June 1, 1999 Mayor Broening read a Proclamation declaring June 1, 1999 "Stand for Children Day" and presented it to Shanna St. John, Chairwoman of the Advisory Board on Children & Youth. Ms. St. John thanked the Commissioners and on behalf of the Advisory Board on Children & Youth, presented a signed copy of "Stand for Children". This book will be available at the City Library. Ms. St. John thanked the staff, children and parents of the Kidstop Childcare Center and introduced their director LeeAnn Samuda. Ms. Samuda thanked the Commission for the invitation to appear. Kidstop is part of Bright Horizons Family Solutions. This company is a strong advocate of quality childcare and other facets of work and family life. She explained that the children designed the quilts of handprints to represent the importance of this day. Ms. St. John also thanked the Education Advisory Board for their co-sponsorship of this project. b. "Safety Month" - June, 1999 Mayor Broening read a Proclamation declaring June as "Safety Month" and presented it to Wally Majors, Chairman of the Safety Committee. c. "National Garden Week" - June 6-12, 1999 Mayor Broening read a Proclamation declaring the week of June 6 through June 12 as "National Garden Week" and presented it to Jean Bown, member of the Garden Club. At the podium, Ms. Bown accepted the Proclamation and introduced members of the Club who were present in the audience. The members presented the City with three plants. d. "Code Enforcement Officers Week" - June 21-25, 1999 Mayor Broening read a Proclamation declaring the week of June 21 through June 25 as "Code Enforcement Officers Week and presented it to Scott Blasie, Code Compliance Administrator. 2. Presentations: a. Presentation of plaque to Melody Ordway - Police Chief Marshall Gage MEE'I~NG M~'NUTES REGULAR C~'TY COMMTSS'rON BOYNTON BEACH~ FLORZDA 3UNE 1, 1999 Marshall Gage, Chief of Police reported that during Police Memorial Week, Melody Ordway, with the assistance of local businesses, spearheaded a program whereby flowers and pizzas were dropped off at the Police Department for the Officers. In appreciation, he presented her with a plaque. Ms. Ordway thanked the Police Department for the great job they do and thanked her mother for the encouragement she offered. IV. CONSENT AGENDA: A. Minutes: Joint City Commission/Chamber of Commerce Workshop - May 10, 1999 Regular City Commission Meeting - May 18, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Piggyback SCHOOL BOARD PALM BEACH COUNTY BID - TERM CONTRACT FOR ASPHALT PAVING to Charles Whiteside for 2" and 6" WATER MAIN RENEWAL AND REPLACEMENT - COMPLETION OF PHASE V AND IMPLEMENTATION OF PHASE VI with an estimated expenditure of $75,000 Approve multi-award of the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT" with an estimated annual expenditure of $100,000 Extend the proposal for "JULY 4TM FIREWORKS DISPLAY" for one additional fireworks event to Zambelli Internationale in the amount of $25,000 Award the bid for the "PURCHASE AND INSTALL TEN (10) UTILITY TRUCK BODIES" to Rayside Truck and Trailer in the amount of $38,854 Piggyback SCHOOL DISTRICT OF PALM BEACH COUNTY'S - CIVIL ENGINEERING, CIVIL/STRUCTURAL ENGINEERING AND SURVEYING CONTRACT for SURVEYING SERVICES/STORMWATER INDUSTRIAL AVENUE IMPROVEMENTS, from BROWN & PHILLIPS, INC., in the amount of $27,723.39 C. Resolutions: Proposed Resolution No. R99-65 Re: Authorizing and directing staff to apply for Phase 6, Palm Beach County Roadway Beautification Grant Proposed Resolution No. R99-66 Re: Authorizing and approving contractual services from the Boynton Beach Community Caring Center MEETTNG MZNUTES REGULAR CrTY COMM'rss'roN BOYNTON BEACH~ FLORZDA 3UNE 1~ 1999 Proposed Resolution No. R99-67 Re: Authorizing the Boynton Beach Police Department to enter into a contract with the Commission for Law Enforcement Accreditation, Inc. for the purpose of accreditation of the Police Department Proposed Resolution No. R99-68 Re: Supporting the reassignment of Galaxy Elementary and Forest Park Elementary to Area 2 Administrative Area of the Palm Beach County School District At Commissioner Sherman's request, Item IV-C.4 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce At Commissioner Denahan's request, Item IV-C.5 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-70 Re: Authorizing and directing the Mayor and City Clerk to execute a Municipal Traffic Control Jurisdiction Agreement between the City of Boynton Beach and Nautica Sound Homeowners' Association, Inc. Proposed Resolution No. R99-71 Re: Authorizing and directing the Mayor and City Clerk to execute a management agreement between the City of Boynton Beach and Boynton Cultural Centre, Inc. which formally defines the partnership between the parties for the operation of the 1913 Schoolhouse Museum Proposed Resolution No. R99-72 Re: Approving an employer worksite agreement for work experience summer youth employment and training program between the City of Boynton Beach and the Palm Beach County Workforce Development Board, Inc. D. Ratification of Planning & Development Board Action: The Center for Self Discovery - (112 SE 23rd Avenue) - Request for relief from Chapter 21, Signs, Article Ill., Section 5. requiring a 10' front setback for a sign to allow a 9' variance, or 1' front setback (TABLED FROM MAY' 18TM MEETING TO JUL Y 20TM MEETING) Palm Walk ACLF - (Southwest 19th Street) - Request for a one-year time extension for conditional use approval and concurrency certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living facility to be known as Palm Walk (TABLED FROM MAY '18TM MEETING) At Commissioner Sherman's request, Item IV-D.2 was removed from the Consent Agenda for discussion. MEETZNG MI'NUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLOR.ZDA 3UNE :~ 1999 ABC Fine Wine and Spirits (Northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard) - Request new site plan approval for the construction of a 9,000 square foot retail (liquor/wine) store and related improvements on 0.84 acre At Vice Mayor Tillman's request, Item IV-D.3 was removed from the Consent Agenda. McCraney Office/Warehouse (SW 14th Place) - Request new site plan approval for the construction of a 19,450 square foot office and warehouse building on 1.4 acres Melear PUD Phase 3B (South corner of Miner Road and Sandalwood Drive) - Request new site plan approVal to construct 128 townhouses, recreation area and landscaping on 12.23 acres E. Approval of Bills Approve the purchase of an AS400 File Server for the Police Department's Records Management System from IBM at a cost of $46,689.35 Motion Commissioner Denahan moved to approve the Consent Agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV-C.4. Proposed Resolution No. R99-68 Re: Supporting the reassignment of Galaxy Elementary and Forest Park Elementary to Area 2 Administrative Area of the Palm Beach County School District Commissioner Sherman expressed concern that the City might be infringing on the School Board's territory. He requested clarification regarding what this would require of the City. Virginia Farace, Library Director and Education Advisory Board Liaison, explained that this is a recommendation to the School Board and the Superintendent of Schools. There is no other requirement from the City and there is no requirement on the part of the School Board or the Superintendent. The City of Boynton Beach feels it would be beneficial to have all of the schools under one executive director. This is the perfect time to make this recommendation since Area I Superintendent Jake Sello was promoted to the District. He was the Area Director for Forest Park Elementary and Galaxy Elementary. A new Area Director will be appointed. Therefore, these two schools would be getting a new Area Director and could make the move very smoothly. In addition, there are times the Superintendent makes the decision as to how the areas should be set up based on the numbers of schools. There will come a point in the future that the distribution issued would be re-addressed. By having the recommendation in front of them, the School Board could use it as input. The City of Boynton Beach has been an excellent partner with them and they will use this recommendation if it is helpful. MEE'I'ZNG MI'NUTES REGULAR C1'TY COMMTSSTON BOYNTON BEACH~ FLOR.I:DA ~UNE 1~ 1999 When Commissioner Sherman questioned whether or not we would be adding or deleting any principals, Mr. Farace responded negatively. This recommendation would be beneficial to the City because all of the City schools would have one contact person. Motion Vice Mayor Tillman moved approval. Commissioner Weiland seconded the motion that carried unanimously. IV-C.5. Proposed Resolution No. R99-69 Re: Approving the Progress Trail plan and creating a public/private Progress Trail Partnership between the City and the Greater Boynton Beach Chamber of Commerce Commissioner Denahan requested clarification of the type of advertising campaign that would be provided for $3,000. Kathy Shabotynskyj, Chair of the Progress Trail Team, and Virginia Farace, Co-Chair approached the podium and advised that the $3,000 will cover $1,000 per month for the next three months of the fiscal year. No decision has been made on how to spend that money, but the team is certain they will do a good job with the funding. During the upcoming budget process, the Commission will discuss additional funding for the advertising campaign during the next fiscal year. When Commissioner Denahan asked where this money would come from, Mr. Hawkins recommended that it come from the Training and Promotions Budget. Vice Mayor Tillman asked for an explanation of what these signs would be advertising, where they would be located and who they are meant to target. Ms. Farace advised that they would address the seven locations on the Progress Trail site that were presented to the CRA. They are: · 1913 Museum · Ocean Avenue Promenade (Scully's Block) · Bob Katz Oldest House Redevelopment · Both sides of the 500 Block on Ocean Avenue · Bridge · Marina · Port Promenade These signs will market the redevelopment of Boynton Beach. The signs will be in the area as close to the project as possible so that the public can see them. This marketing campaign will bring people to the projects, give them an opportunity for input and market the redevelopment. A brochure will be available at each station providing an overview of the redevelopment efforts. Mayor Broening recalled past discussions about the lack of progress in the City. These kiosks will provide a sense of where we are in the redevelopment process. MEET1'NG M~NUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLOR,I[DA 3UNE 1, 1999 Vice Mayor Tillman did not recall that the Commission arrived at an agreement on this issue. Although he feels it is a good idea, this is too large an expenditure to mark progress. He recommended that the progress be indicated on one sign. He does not agree that this amount of money should be spent on advertising while the project is under construction. Ms. Shabotynskyj said one of the purposes of this program is to bring attention to the redevelopment area and help the businesses that will be adversely affected by the construction. There will always be access through each of the projects. Updates will be provided on a monthly basis on each of the projects. At Mr. Hawkins' request, Ms. Shabotynskyj discussed the dimensions and specifics of the signage. These kiosks will indicate, "You are here". The project will be described and contain a list of the people involved. In addition, the amount of public dollars being spent will also be listed. The kiosks will be approximately 6' tall with a pitched roof. They will contain information, pictures, a brochure on the redevelopment area, an update on the particular project and a comment card. Commissioner Weiland asked about the size of the actual signage. Ms. Shabotynskyj said the panels will be 48" x 48" and they will not be readable by people in passing vehicles. People will have to get out of their cars to read the information. Ms. Farace said the opposite side of the kiosk would contain updates on the project. It will be perpendicular to the street. A sponsor is available for the kiosk at the 1913 Museum and the team would like to put up that prototype within the next month. The team would have to work with a time line with respect to Ocean Avenue in order to decide when and where to place these kiosks. These kiosks are movable and can be placed in different locations during the process. Vice Mayor Tillman feels the team needs to rethink this project with respect to placement and number of signs. He recommends using a larger sign on the perimeter indicating projects. It does not make sense to Vice Mayor Tillman to spend money on signs that could be a hazard in the area. Ms. Shabotynskyj said the signs would not be placed on the actual construction site. They would be placed adjacent to the project so that they could be viewed. Ms. Shabotynskyj clarified that the request is for $4,800. There are plans in place to privately raise $14,000 to bring this project to fruition. The cost of each station is approximately $2,000. In addition, the team would like one member from the CRA staff and CRA Board to sit with the team for a hour once or twice a month to talk about the locations for each kiosk and the content of the brochure. Commissioner Weiland feels this is a great idea. However, he believes it may need some work. Once Ocean Avenue is completed, there is no need for a sign in front of each area. We could use one sign for a number of different projects. Ms. Shabotynskyj anticipates the shelf life of the Progress Trail shelf life is approximately City park or public project once the project is this project to be approximately 25 years; however, two years. Each structure could be located into a completed. Commissioner Weiland understands that the Chamber would be responsible for the costs of the kiosks through sponsorships. He asked if the team looked into more than one kiosk with respect to design and cost. Ms. Shabotynskyj responded negatively because the team found a 8 MEET?NG M~'NUTES REGULAR C]:TY COMMTSS?ON BOYNTON BEACH~ FLOR.I~DA 3UNE 1, 1999 local vendor who could provide what they wanted. The team wants to move forward by putting up a prototype. It would then be reviewed and evaluated. Ms. Farace reiterated that the team has been meeting since November and they now need official direction from the Commission so that the team could either stop meeting or begin to make progress. Commissioner Sherman likes the idea but there are uncertainties regarding the total cost of this project and the need for it while under construction. He learned today that the City intends to put signage on the Ocean Avenue project indicating this is the beginning of our downtown redevelopment. Motion Commissioner Sherman moved to delay this particular Progress Trail project until we have a better grip on the total cost and address the issue about other kiosks. Commissioner Sherman thinks it is too sudden. Vice Mayor Tillman seconded the motion. When Commissioner Denahan attempted to make a counter motion, Attorney Cherof advised' that on a motion to table, there is no discussion. Ms. Shabotynskyj asked for an explanation of the uncertainty. Mayor Broening had no uncertainty. Commissioner Weiland said he was in favor of this project but would like a consensus that the team would look into alternatives rather than just staying with one sign and seven signs would not be located on one street once Ocean Avenue is finished. Commissioner Sherman pointed out that by waiting awhile, the team might be able to secure the sponsors. Commissioner Sherman does not believe the Commission has a firm grip on the total cost of this project and he does not see the need for double signage while Ocean Avenue is under construction. Mayor Broening is in favor of this idea. Part of the Visions 20/20 recommendations was to have a marketing program to inform people about what is going on in the redevelopment of the City. This is one method of getting the information out. This is not a new concept. Concerns about design and funding are legitimate, but the concept is outstanding. The motion carried 3-2. (Mayor Broening and Commissioner Denahan dissented.) When Ms. Farace questioned whether or not the process should continue, Mayor Broening responded affirmatively and volunteered to sit on the committee. IV-D.2. Palm Walk ACLF - (Southwest 19th Street) - Request for a one- year time extension for conditional use approval and concurrency certification (May 5, 1998 to May 5, 2000) to construct a 48-bed adult living facility to be known as Palm Walk (TABLED FROM MAY '~ 8TM MEETING) 9 MEET'~NG M~NUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH~ FLOI~DA 3UNE 1, 1999 Commissioner Sherman requested elaboration on this item. Joe Lelanic of Land Design South advised that the Planning & Development Board recommended denial of this request because they did not know all of the history of this site. The Planning & Development Board has been dealing with this site for many years but they are unaware of its recent history. The applicant feels there are substantiated reasons for keeping the project alive. Mr. Lelanic displayed exhibits that indicated the project was originally approved in 1994. It received a couple of time extensions until January of 1997. There was no progress up to that point. That scenario was under the original contract purchaser for the site. At this point in time, Mr. Lelanic represents Palm Walk Associates, the client who purchased a part of the site in January of 1997. The remaining portion of the site was purchased in early March of 1998. Therefore, the starting point should be January of 1997 - not 1994. The original approval was for a 17,000 square foot facility with 42 beds. Each bedroom consisted of two beds. This was an institution-type establishment. When Palm Walk Associates purchased the property in early 1997, they began looking at better alternatives for use of the site. They decided on an ACLF geared toward AIzheimer patients. The applicants reappeared before the previous Commission in 1998 to change the facility to an upscale establishment with one bed per room for a total of 42 bedrooms. They also increased the size to 24,000 square feet. The applicant is requesting another one-year extension to continue to secure building permits and other items needed for completion of the project. Mr. Lelanic provided documentation of the efforts made by the client over the last year to acquire funding and contractors. The applicant went into contract with Styles Corporation to develop the site. Palm Walk Associates also marketed Ocean Bank and Melon Bank to provide funding for the project. Mr. Lelanic was in possession of a letter from Ocean Bank that indicated contact with Palm Walk Associates and willingness to move forward with funding. The next course of action would be to come up with actual marketing and management plans from a user for this Alzheimer's site. The applicant has been getting "all of his ducks in a row" for the facility and is willing to commit to doing the following in the future: · Get management firm in place in June of 1999 · Get bank loans financed in August of 1999 · Submit building plans in October of 1999 · Secure building permits in December of 1999 · Begin construction in January of 2000 Mr. Lelanic said this is a good facility for the City and the present owner has expended close to $600,000 on the cost of the property and consultants. He urged the Commission to grant the additional one-year time extension in order to allow time to get the property up and running. When Commissioner Sherman asked how many of these types of facilities Palm Walk Associates has managed in the past, Mr. Jim Tomasello of Brookeville Consulting Corporation said Palm Walk Associates has two other facilities in contract with Epic Development. They have expended a great deal of money by purchasing this property for cash. They are ready to move forward. Palm Walk does not operate its own facilities. Palm Walk develops the sites and they have managers to operate the facilities. 10 MEET'rNG M'rNUTES REGULAR C'rTY COMM]~SSTON BOYNTON BEACH~ FLOR.I:DA ~UNE 1~ 1999 Vice Mayor Tillman pointed out that the letter from the bank only indicates an intention to participate. The project is not yet financed. Mr. Lelanic agreed that the project is not yet financed but there are two banks that are interested. Vice Mayor Tillman explained that the applicant is now requesting another year to get the things done that could not be accomplished over the past years. Mr. Lelanic explained that although financing is not in place yet, the applicant has two banks that are very interested and he is trying to shop the best price. In addition, it has taken one year to negotiate with the general contractor (Styles). The applicant has been moving forward. Commissioner Sherman asked Mr. Rumpf why the previous applicant was granted three extensions. Mr. Rumpf was not absolutely sure, but felt it was probably "to get his ducks in a row". Commissioner Sherman does not understand why the applicant could not get everything in order before asking the City to grant a fourth extension. Mr. Tomasello reported that the property was under option and Palm Walk Associates purchased one piece. Palm Walk Associates got involved in this because Mr. Fasi had spoken to at least 50 developers to try to bring them into the deal. Mr. Fasi kept getting extensions from the City even though he had no money in the project. The major difference in this case is that Palm Walk Associates has $600,000 invested in this project. The applicant owns the property and has everything ready to go. Mr. Tomasello attended the Planning & Development Board meeting on behalf of the owner in case there were any questions. The owner did not anticipate problems because staff recommended an additional time extension. However, when the board asked for a time line, Mr. Tomasello was not able to provide that information. Over the last two weeks, a time line was developed that will be adhered to. Commissioner Denahan said she rarely contradicts the recommendation of the Planning & Development Board; however, this application represents the first extension request for the current project as approved in 1998. She does not believe all of the information was available during the Planning & Development Board meeting. Motion Commissioner Denahan moved to approve the request for a one-year time extension for conditional use approval with concurrency certification to construct a 48-bed adult living facility to be known as Palm Walk. Mayor Broening said he was intrigued by this application because staff recommended approval and the Planning & Development Board unanimously overruled that recommendation. The time line begins approximately 1¼ years. He does not believe Palm Walk Associates could be accused of requesting more than one extension. Mayor Broening said it is important to remember what is in this for the City and its citizens. The language of the LDRs says the time extension should not be granted if the City opposes permitting the land speculator to retain an approval to more readily sell the land. Mayor Broening does believe this is the intent of Palm Walk Associates. There is a lack of in-hand financing and no signed agreement by a management firm. Mayor Broening feels there is room for negotiation. If this enterprise is good 11 MEETt'NG MZNUTES REGULAR CZTY COMM'rSSTON BOYNTON BEACH,, FLOR/DA .~UNE '1~ 1999 for the City of Boynton Beach, the Commission should not turn it down at this point. The item should be tabled and we could wait for the financing and management firm to be assigned. Vice Mayor Tillman is not in favor of granting a one-year time extension. He would like to see this settled and see some movement on this project. Addressing Mr. Lelanic, Vice Mayor Tillman said he would like to table this matter and bring it back up for discussion if and when financing has been secured within time limits set by the City. This would ease the confusion with this issue. He asked Mr. Lelanic if he would be able to secure financing within a 90-day period of time. Mr. Lelanic said he anticipates securing the financing in August. That would be a 90-day period. He recommended granting a three-month time extension. At that time, the applicant would come back before the Commission if that obligation has been met. Amended Motion Commissioner Denahan amended her motion to change it from a one-year time extension to a 120-day time extension. This would allow the applicants to get everything in order as the Commission has requested. Commissioner Weiland would be in favor of granting an extension of four or six months and this would be the last time the extension would be granted to this property whether or not the property is sold to someone else in the future. Mr. Lelanic said he would require a little more time in order to submit for permits. If financing is secured within 90 days (120 would be even better), the applicant would immediately submit for the building permit. Four to six months is tight for the applicant to go through that process and receive their building permits. When a question was asked about fast-tracking this project, Mr. Hawkins said staff could work with them as long as there is a complete plan for review. That would minimize comments. Mr. Lelanic advised that if it were possible to submit the plans under the fast-track scenario and get everything reviewed by the City, then a six-month time frame would be achievable. Vice Mayor Tillman would not support approving this project until their financing is secured. Mr. Tomasello feels it would be better to get the financing and then be able to submit the plans for permitting. He recommended giving the applicant 120 days to get financing. At that point, the Commission could approve the time extension. The applicant can then submit for plans and fast-track the project. Vice Mayor Tillman seconded the amended motion. The motion carried unanimously. Mr. Lelanic clarified that the Commission granted the applicant 120 days to secure financing and return to the Commission to work out a time extension from that point until the building is erected. Attorney Cherof said the motion did not deal with the financing issue. It was a fiat 120- day extension. This would require the applicant to obtain the financing in advance of the expiration and get the project started. 12 MEE'I"~NG M?NUTES REGULAR C'rTY COMM'rSS]:ON BOYNTON BEACH~ FLOI~DA 3UNE 1~ 1999 Mr. Lelanic then confirmed that the applicant would have to get the financing and the permits prior to the expiration of the 120 days extension. Attorney Cherof explained that what the Code contemplates is that when the time period expires, the applicant would have at least 25% of the project under construction. This motion extends the time period by 120 days. Mr. Lelanic said his understanding was that the applicant would secure financing and come back to the Commission in 120 days and prove that financing is in place. Attorney Cherof explained that this motion requires the applicant to come back and request an extension before 120 days expire. If the applicant shows good faith as contemplated by the Commission, there is a likelihood that it would be granted. However, there is no guarantee that the time extension would be granted. Mr. Lelanic was willing to accept that condition as long as the applicant has the ability to extend. Attorney Cherof reiterated that the applicant has that ability based upon a majority vote of the Commission. At this point, the applicant proceeds at his own risk. Maurice Rosenstock, resident of One Villa Lane and member of the Planning & Development Board, said this is not the first time these types of requests have surfaced. It is a fact that developers have traded in land by getting planning and development concepts placed before a board, not doing anything and extending the time. As time passes, the land becomes more valuable and the permits that have expired add to the value of the property. By passing the motion, the City Commission has accomplished nothing because they could secure financing and still not do anything about developing plans. Banks will not give them the money they need without a complete set of plans. He recommended that the City Commission amend the motion to demand that the applicant have plans ready for submittal to the City. If the plans are ready and the financing is in place, then they would have shown their intent. He recommended that the City Commission "hold their feet to the fire" in the interests of the citizens of this City. Mayor Broening asked Mr. Rosenstock to explain the jeopardy to the City in this case. Mr. Rosenstock said the City Commission would be setting a precedent with regard to extensions of time limits. He questioned why we have this rule in the Code. In his opinion, the rules are not meant to be broken. Mayor Broening said the reason people are elected to office, people are appointed to boards, and administrators are paid salaries is to make informed decisions. The City Commission is expected to make decisions. He thanked everyone for their input. Commissioner Weiland referred to the actions of the Code Compliance Board with respect to large fines. When violators come before the Commission, the Commission works with them. Although the City would like to hold their feet to the fire, the Commission does not want to persecute people. It is important to work on a case-by-case basis regardless of whether it is a Code Compliance issue or a planning and zoning issue. Attorney Cherof clarified that the motion would require the developer to obtain financing. Attorney Cherof feels certain that the applicant will reappear before the City Commission to request an additional extension because he would not be able to comply with the conditional use approval even with the additional 120 days. The nature of the motion does nothing more than allow them 120 days. Because of where they are in the development process, they cannot develop the project within that time period. They will have to come back for an additional request. Perhaps their future request would be to pick up the balance of the one-year they 13 MEETTNG MTNUTES REGULAR C'rTY COMMzSS'rON BOYNTON BEACH~ FLORZDA .1UNE 1, 1999 originally requested. When the applicant goes to the lender, the lender will attach a condition that requires receipt of a definitive approval of a reasonable extension. Mr. Lelanic agreed with Attorney Cherofls remarks. Mr. Lelanic said the applicant intends to move forward with arranging the financing and they will return in 120 days to show the Commission their progress. IV-D.3. ABC Fine Wine and Spirits (Northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard) - Request new site plan approval for the construction of a 9,000 square foot retail (liquor/wine) store and related improvements on 0.84 acre Vice Mayor Tillman requested that this item be tabled. Motion Commissioner Denahan moved to accept the recommendation of the Planning & Development Board. Vice Mayor Tillman seconded the motion that carried unanimously. Attorney Cherof advised that the Planning & Development Board would hear this request on June 8th and this item will reappear on the June 15th agenda. V. CITY MANAGER'S REPORT: Wilfred Hawkins, Interim City Manager, reported on the following items: Kids Kingdom - Staff began with the intention of repairing the playground. However, the existing plans are too vague to get bids to do the repairs. The new course of action is to rebuild the entire playground. This will require us to work with Leathers & Associates' original concept to produce a set of plans we can build from. This will provide us with an opportunity to receive good bids from contractors. In addition, this will result in an extension of time needed to get the project underway. Therefore, the playground will not be open for the summer. Once built, it will be a brand new structure and we will have plans that we can work from in the future. Ocean Avenue - Staff has developed an in-house project team consisting of consulting engineers from Gee & Jenson, Planning staff and Building staff. The course of action on Ocean Avenue will be as follows: The initial time line for bidding out the project is the end of October of this year. We will immediately set forth the process of finalizing the design based upon the initial concepts outlined in the Visions 20/20 project. We have a basic design to work from and we will be soliciting input from the public as to the final designs of Ocean Avenue. We will accomplish this input through several public meetings. We will invite people who live along Ocean Avenue to have a key role in determining the outcome of the design of this project. Other members of the community can also offer input. There will be an "A" and "B" choice. The public will give input as to the choices and we can move forward to the bidding stage. The public meetings are being scheduled for sometime in July. It is anticipated that the first meeting will be held on July 15th. Prior to that, staff will work 14 MEET?NG M?NUTES REGULAR C?TY COMM'rSSI'ON BOYNTON BEACH~ FLOR]:DA .1UNE 1~ 1999 with the current Ocean Avenue Association to contact all interested parties to get them prepared to participate in this process. VI. PUBLIC AUDIENCE: Enrico Rossi, 625 Whispering Pines Road, has been a member of the Code Compliance Board for 15 years. Mr. Rossi expressed concerns about the rumors that are circulating about the City considering the sale of the Intracoastal parcel. He has written letters to the Mayor and Commissioners and has not received a response. Attorneys told him that the Commission could act on its own without having another referendum. He feels this is a dangerous position to be in. He asked for clarification. Mayor Broening said there are no plans to sell that land. There is a question about the best use of the land. There are concerns about whether we want one fourth of the 10 acres to be dedicated to parking boat trailers that are being staged in Boat Ramp Park and along Federal Highway. This issue will be addressed in full at the June 9th CRA meeting. The Commission is looking forward to input from the public. However, the Commission has an obligation to determine the best use of that land whether it is a passive park, a place to park boat trailers and to locate City Club, or whether it could be a public/private venture with park and some private development. These issues will be openly addressed. He urged everyone interested to attend the June 9th CRA meeting. Herb Suss asked for an update on the Police negotiations and expressed his concern about losing additional officers. Marshall Gage, Police Chief, advised that we have two contracts that will be brought to the City Commission for approval at the end of this month or early in July. Chief Gage advised that all bargaining negotiations are open to the public and anyone interested is welcome to attend. While it is true that we lost 15 officers in the last year, one of those 15 officers returned to work with the City of Boynton Beach today. MAYOR BROENING DECLARED A BRIEF RECESS. THE MEETING RECONVENED. VII. PUBLIC HEARING: Project: Owner: Location: Description: Mark Daly City of Boynton Beach East Coast Railroad Avenue, between SE 10TM Avenue and SE 8th Avenue Request approval for abandonment of a portion of street abutting property. (POSTPONEMENT REQUESTED TO JUNE 22, 1999 PLANNING & DEVELOPMENT BOARD MEETING TO ALLOW FOR THE CONCURRENT REVIEW OF A RELA TED VARIANCE REQUEST.) Motion Vice Mayor Tillman moved for postponement. Commissioner Denahan seconded the motion that carried unanimously. 15 MEETZNG Mt'NUTES REGULAR C'rTY COMM'rSSzON BOYNTON BEACH~ FLORIDA 3UNE 1, 1999 Project: Owner: Location: Description: Mary Wyatt City of Boynton Beach West Ocean Drive Request approval for abandonment of a portion of an alley and service street abutting property at 721 West Ocean Drive Mary Wyatt, 721 West Ocean Drive, approached the podium. Motion Commissioner Denahan moved approval. Vice Mayor Tillman seconded the motion that carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Authorize the City Manager to submit a Development Regions Grant Application, Round III (Core Grant) on behalf of Scully's Market to Palm Beach County, Department of Economic Development Dale Sugerman, Assistant City Manager, advised that this item is a request for approval for the submission of a grant to Palm Beach County for the Development Regions Grant Program. The City had one pre-application submitted prior to the creation of the agenda item. Palm Beach County has an Economic Development Program that the City participates in known as the Development Regions Grant Program. It is a County program geared toward job creation in six communities in Palm Beach County. Other communities that participate are Delray Beach, the Glades area, Lake Worth, Riviera Beach and West Palm Beach. These communities have been identified by the County as having underemployment. Over the past three years, the County has made grant funds available for the purpose of creating jobs. The Round III Grant Program has a total of $600,000 available throughout the County. Of that money, $65,000 has been designated for each of the six communities. Another $210,000 has been designated County-wide in their Competitive Grant Program. The County announced the Round III Grant opportunities on April 20. Because of the mail, we did not receive formal notification until April 26. Staff reviewed the announcement and by May 4, we were prepared to release the information at the staff level. Tt then took a few days to have individual Commission members review the terms and conditions of the Grant and by May 11, the information was made public. The Round TTT Grant Program has a County-imposed June 4 submittal deadline. The latest our City Commission could approve a grant submittal was during this meeting. In order to get an item on the .lune I agenda, the back-up material must 16 MEETI'NG M'rNUTES REGULAR CI'TY COMM?SSTON BOYNTON BEACH, FLORZDA 3UNE 1, 1999 be submitted approximately two weeks prior to the actual meeting date. Therefore, the back- up material had to be into the City Clerk's Office by approximately May 19. This allowed only nine calendar days for potential businesses to submit applications for consideration by the City Commission. This was not enough time and only one local business was able to come close to meeting the deadline. Kevin Scully of Scully's Market has submitted a grant application. Some of the grant minimum thresholds have not been met in his application. However, he met the deadline and submitted a grant-eligible project. While discussing this situation with the administrators of the program at the County, Mr. Sugerman learned that most of the other cities have the same timing problem we have. They devised a way around it. The other communities have created a Facade/Tnterior/Building Renovation Program that has a city-wide job creation commitment that is actually being made by the City - not the businesses. Tf the County approves an application, the City is then required to create the job. However, the City, in turn, solicits applications from the business community to fill the City's job commitments from the projects the businesses plan to do in the future. This gives the local business owners and the City a great deal more time to come up with solid projects. Pam Nolan, the County's administrator of the program, shared a copy of a type of Core Grant application which was submitted by the City of West Palm Beach in previous years. Tf the City Commission so desires, the City of Boynton Beach could fashion its grant application in a similar manner and submit that application to the County by the deadline on June 4. Mr. Sugerman had been of the opinion that the City would need to get the business owners job creation commitments and applications on the front end of submitting an overall grant application to the County. That is not the case. Tf the City wants to make the initial commitment for the job creation and then farm out those jobs to the local business community once we have been approved for the grant application, it is an acceptable method of handling this program according to the County. Vice Mayor 'rillman would prefer to go forward with Mr. Scully's application. He did not feel confident with the other option that is available and would like a legal opinion on that suggestion. There is no precedent set yet even though everyone is "jumping on the bandwagon". Because the others are doing it does not mean it is the right thing to do. Mr. Scully submitted his grant and Vice Mayor Tillman recommends going forward with that one. :If, in the future the other method is proven to be legal, we could move in that direction. Mr. Sugerman feels it would be possible for the City of Boynton Beach to support the Scully grant while also submitting to the County as if the City would be the creator of the jobs. :If the Commission submits only on behalf of Mr. Scully, the maximum funds the County is willing to grant is $10,000 per job. At the most, we might get up to $25,000 in County grants. The balance of the $65,000 would be lost. Commissioner Denahan asked how much the City would forego if we did not move forward with the Facade/Tnterior/Building Renovation Program. Mr. Sugerman advised that the total allowance from the County is $65,000. 17 MEETTNG MTNUTES REGULAR CZTY COMMI'SS'rON BOYNTON BEACH~ FLORZDA 3UNE 1, 1999 Commissioner Denahan questioned the number of cities that are involved in Facade/Tnterior/Building Renovation Programs. Mr. Sugerman said Pam Nolan sent him a copy of what the City of West Palm Beach has done in the past. She recommended that we fashion our application along the same lines because it has been approved. When Commissioner Denahan asked if the City of Boynton Beach was the only one not involved in a Facade/Tnterior/Building Renovation Program, Mr. Sugerman responded that for Round TIT, we were the only city that attempted to go out to the business community to solicit partnerships in less than three weeks to submit the grant application. It was his understanding that we were the only city that played by the legitimate rules as posted in the program. When Commissioner Denahan asked if all of the other cities were playing outside of the box, Mr. Sugerman said he could not testify to that. He has heard that other cities are doing it another way. The cities have made the commitment to create the jobs. He does not know if all of them have done it that way. Commissioner Denahan asked Mr. Sugerman what it would cost the City to make this commitment. Mr. Sugerman said the only cost would be that we would be making the commitment. Tf the business community does not step forward and create the jobs in place of our commitment, we would either have to return the funds or find a way to make the commitment. When Commissioner Denahan remarked that the City would stand to lose nothing by creating a Facade/Tnterior/Building Renovation Program, Mr. Sugerman said we would stand to lose nothing. However, there is limited or no risk involved. Commissioner Denahan remarked that it is necessary to work on the agenda process since two- weeks' back-up seems like a long time to have information ready for the agenda. Mr. Hawkins pointed out that we would not want to forfeit the remainder of the money. If we only submit one project, there is a very good chance that we will forfeit the remainder of that money. Mr. Sugerman agreed with Mr. Hawkins' remarks. Mr. Hawkins suggested that the City Commission approve Mr. Scully's application for submittal and allow staff to take on the limited risk of finding those four jobs in a timely manner to allow people to submit applications to us or allow staff to go out and find projects to make that happen. Vice Mayor Tillman requested additional clarification. He pointed out that if Mr. Scully's application is separated out, the City would have to act as a business by telling the County that we would be able to get the jobs if the businesses do not accept that responsibility. Mr. Sugerman agreed with these remarks but pointed out that the City would turn to the local business community to fulfill that commitment for us. Mr. Sugerman pointed out that there are no businesses lined up at this point to fulfill that commitment. Vice Mayor Tillman feels the credibility of the City is at risk. Although this sounds good and he would not want to stop this from moving forward if staff feels they can handle it, he pointed out that there is a risk. Mr. Sugerman felt it was unlikely that the City would be the creator of the jobs. Therefore, if we make the commitment and the jobs are not created, we would have to return the grant application. That would be an embarrassment. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ~UNE 1, 1999 Commissioner Denahan felt the City would risk the credibility of being a business-oriented community if we do not move forward with this opportunity. She feels that if this is not a successful program, we do not have to go forward with it in the future. Commissioner Denahan also remarked that Mr. Scully's submittal requires additional work. Motion Commissioner Denahan recommended that the City submit for the entire $65,000 and allow Mr. Scully to fine-tune his submittal during this process because he does not meet the minimum thresholds. Commissioner Weiland seconded the motion. Mayor Broening believes it is important for the City to move forward and do whatever is necessary to support small business. There is a question about whether or not to go forward with Mr. Scully's submittal or deny it and move forward with submitting an application to get the $65,000 while Mr. Scully fine-tunes his submittal. Mayor Broening pointed out that the potential exists for Mr. Scully's application to be denied if it is submitted as is because he did not meet the minimum thresholds. ]:n order to ensure a better chance of being awarded the grant, Mr. Scully should work with the City to meet those thresholds. From the audience, Mr. Scully said the parameters he followed were stated in the City guidelines - not the County guidelines. Mr. Sugerman said they restate the County guidelines. Mr. Sugerman reiterated that Mr. Scully was the only applicant to meet any of the deadlines. He questioned whether there is any value in submitting Mr. Scully's application to the County, or whether the Commission is prepared to reserve some of the City's allocation to Mr. Scully's project if the City is given $65,000. Mr. Sugerman feels there is value in Mr. Scully having met the deadline. Mayor Broening said he wants to protect Mr. Scully's interests because of the fact that he met the deadline and deserves recognition for that. Mr. Scully requested that the Commission approve the submittal of his application to the County and he could work with the County if they have any questions. Mr. Sugerman pointed out that the County would be making $65,000 available to the City and the minimum threshold for that would be the creation of 6.5 jobs. Mr. Scully's application does not create 6.5 jobs. Commissioner Denahan pointed out that Mr. Scully's project is $33,000. Since the County provides 50% of the funds, his request should be for $16,500 - not $2:[,000. Mr. Sugerman advised that the County asks for 25% match by local government and 25% match by business. Mr. Scully's project is $33,000. Therefore, 25% of that is $8,250. Mr. Scully proposed to put up $5,000, the City $7,000 and the County $21,000. Commissioner Denahan asked if the County puts up 50%. When Mr. Sugerman responded affirmatively, Commissioner Denahan pointed out that would amount to $21,000. Therefore, the City would be required to cover 19 MEE'I~NG M?NUTES REGULAR Cl'TY COMM'rSSTON BOYNTON BEACH~ FLOR.I~DA .]UNE 1~ 1999 everything but the $5,000. The City would have to participate in the amount of $16,000 and it would need to be a $42,000 project. Mr. Sugerman agreed that if the project were worked backwards, those would be the figures. However, Mr. Scully is talking about creating 2 full-time jobs and some part-time for a total project that is $33,000. He is not requesting a $42,000 project. Because of this discrepancy, Commissioner Denahan recommends that the City apply for the entire grant and allow Mr. Scully to work out the details. Mr. Sugerman pointed out that if the Commission is willing to provide some assurance of his standing against a portion of the $65,000, Mr. Scully may be more receptive to supporting the concept of having the City commit for all the jobs and Mr. Scully could work with staff to refine his application. Mr. Scully does not want to put his application at risk. Mr. Scully is not at liberty to submit his application directly to the County because the application is between the City and the County. Mr. Scully is a pre-applicant to the City. Commissioner Denahan would be willing to give Mr. Scully a priority ranking once the City receives the grant funds. Vice Mayor Tillman reiterated that Mr. Scully met the deadline and should not be subject to undue hardship. Tf the decision were to move forward with the facade improvement program, the City would have to deal with Mr. Scully's portion and then breakdown the remainder of the grant funding. Mr. Sugerman said Mr. Scully was willing to commit to two full-time jobs. From the audience, Mr. Scully confirmed that he committed to at least two full-time jobs. Tf the Commission is prepared to do so, $20,000 could be reserved of the $65,000 City allocation for Mr. Scully's project. This would give Mr. Scully $:L0,000 for each of the two full-time jobs. Staff could work with them on clarifying the part-time jobs and whether or not there would be more than two full-time jobs. Mayor Broening clarified that the Commission could reserve that funding, but it could be modified. Commissioner Denahan felt this was an excellent suggestion. Mr. Scully felt this was a great suggestion, but pointed out that it was not his fault that no one else knew about this grant. He learned about it, did all of the work that was required and submitted his application. He said he has had problems in the past with City staff not doing exactly what they say. He would like his application submitted on time to the County. Commissioner Denahan said she would not support submitting Mr. Scully's application as it currently stands because it puts the City at risk in the amount of $16,000 that is in excess of 25%. Mr. Sugerman's recommendation is a very good compromise. Vice Mayor Tillman recommended moving this forward in this manner so as to avoid the risk of Mr. Scully not getting any furlding. Mayor Broening stated that he was desperately afraid Mr. Scully's application would be turned down at the County because the parameters were not achieved. He wants to ensure that Mr. 20 MEETZNG MTNUTES REGULAR CITY COMMTSSTON BOYNTON BEACH, FLORZDA 3UNE 1, 1999 Commissioner Weiland questioned whether or not all of the funding could be used for employment if a business applied or whether it would have to be used for infrastructure improvements as well. Mr. Sugerman said that past programs have been geared toward infrastructure improvements. The job creation has to be a guarantee of at least one year. The job creation is the end result of the physical improvements to the business. The concept is to improve the business, expand the business, modify the business, promote the business, thus creating more business, thus creating employment to perform the business. Mayor Broening reiterated that there was a motion and second on the table to proceed with the application for the City grant. Amended Motion Commissioner Denahan amended the motion to include setting aside $10,000 per job, specifically a minimum of $20,000 for Scully's Market grant application. Commissioner Weiland asked if the $20,000 would make the figures line up. Mr. Hawkins said it would make the application more eligible. Mr. Sugerman reminded the Commissioners that the City would apply to the County for $65,000 and make a commitment to ensure that 6.5 jobs are created in Boynton Beach. Mr. Scully is an applicant that is ready to go forward with a $33,000 project that will create 2+ jobs. The City will have to make a determination if his 2+ jobs plus other people's jobs will equal the 6.5 jobs we committed to. The County will not make a decision on this until September. The County Commission will eventually offer the City a contract. After the contract is signed, the City will have two years from that date to create the jobs. There will be plenty of time to turn to the community for assistance in creating the jobs. Vice Mayor 'rillman seconded the motion that carried unanimously. Authorize the City Manager to move forward with an Ordinance on first reading that empowers the City Manager to add or modify positions during the fiscal year Commissioner Denahan requested staff to list the benefits of this Ordinance. Mr. Hawkins advised that the request is to allow administration to operate within an approved budget to add or modify job descriptions during the year as long as those additions or modifications do not affect the bottom line. This is an administrative issue involving functionality and staff should have the ability to move people around within job descriptions if that is necessary. Currently, staff must go before the City Commission to amend job descriptions. Staff feels this is outside the administrative purview. This is a matter of efficiency. Commissioner Denahan asked how this item got onto the agenda. Attorney Cherof explained that it is on the agenda for discussion because the issue came up at an EXCEL meeting where the senior staff requested that a mechanism to accomplish this be brought forward. Tf the Commission likes this concept, it would come back for first and second readings. 21 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH~ FLOP~DA 3UNE 1, 1999 the senior staff requested that a mechanism to accomplish this be brought forward. Tf the Commission likes this concept, it would come back for first and second readings. Commissioner Denahan feels that with a strong City Manager form of government, the City Commission should be removed from the day-to-day operations. She believes this would be in the best interest of the City of Boynton Beach. This empowerment would not exceed any allocated appropriations. However, she requested that an additional mechanism be added so that the Commission is provided with a full written report of each change including an explanation of how that change benefits the organization. She feels this would prevent opportunities for ill-will and favoritism. Attorney Cherof said a provision could be added that requires the City Manager to file a report with the Commission when positions are changed or modified. Mr. Hawkins advised that Human Resources does job task analyses whenever a position is amended, Written justification is already required and staff would not have a problem sharing that justification with the City Commission. Consensus There was consensus of the Commission to authorize the City Manager to move forward with an Ordinance that will empower the City Manager to add or modify positions during the fiscal year taking into consideration those amended items offered by Commissioner Denahan. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-14 Re: Amending Chapter 18, Article II, Division I, Section 18.55, providing for a clarification of the definition of "Total and Permanent Disability", creating a new Section 18-126, entitled "Disability Retirement Benefits", for general employees Attorney Cherof read Proposed Ordinance No. O99-14 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-14. Commissioner Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-15 Re: The application of Stor-AII Properties, Inc., located on the southeast corner of Knuth Road and Old Boynton Road, amending Ordinance 91-70 by rezoning a certain tract of land from PCD (Planned Commercial Development) to C-1 (Office/Professional) 22 MEETING MINUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLOR/DA 3UNE 1, 1999 MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-15. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Proposed Ordinance No. O99-16 Re: Amending Land Development Regulations, Chapter 20, Building, Housing and Construction Regulations; providing for the adoption of the Standard Building, Gas and Mechanical Codes, 1997 Edition and Amendments thereto: Second Amendments to the Standard Plumbing Code, 1994 Edition Attorney Cherof read Proposed Ordinance No. O99-16 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-16. Commissioner Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O99-17 Re: Amending Land Development Regulations, Chapter 2.5 Planned Unit Developments. Section 9, Internal PUD Standards, to create a new subsection "F." entitled "Rights-of-Ways" Attorney Cherof read Proposed Ordinance No. O99-17 by title only. moved to approve Proposed Ordinance No. O99-17. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None Motion Vice Mayor qqllman Xll. 23 MEETtNG MTNUTES REGULAR CTTY COMMTSStON BOYNTON BEACH~ FLORZDA .JUNE 1~ 1999 Xlll. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the CommissiOn, the meeting properly adjourned at 9:10 p.m. A'I-rEST: ~ity C~rk /D~)/pu~- ~ity Clerk (...,~hree Tapes) Vice Mayor ~'/ ~ ' Commissioner Commissioner Commissioner 24 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mary Wyatt APPLICANT'S AGENT: Mary Wyatt APPLICANT'S ADDRESS: 721 West Ocean Drive DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 1, 1999 TYPE OF RELIEF SOUGHT: Abandonment of alley LOCATION OF PROPERTY: 721 West Ocean Drive DRAWING(S): SEE EXHIBIT "C" 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 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 "D" 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. 7. Other ' · 0, City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\WYATT MARY\Develop. Order P&D 5-25.doc EXHIBIT "C" CONDITIONS OF APPROVAl, Project name: Mary Wyatt File number: ABAN 99-002 Reference: 1st Review, Abandonment File #ABAN 99-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Colmnents: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORE S TER/ENVIRONMENTALI S T Comments: NONE X PLANNING AND ZONING Comments:. 1. Utility easements acceptable to F. P. & L. and Bell South are to be recorded X prior to final approval. Confirm with Bell South that review included the abandonment as well as landscaping. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 2. None X ADDITIONAL CITY COMMISION COMMENTS IA /~1;~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\WYATT MARY\CONDITIONS OF APPROVAL P&D 5-25 PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Melear PUD Phase 3B Julian Bryan, Julian Bryan & Associates 8000 Governors Square Blvd. Miami Lakes, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest Corner Miner Rd. & Sandalwood Dr. 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 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 v"' 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. 7. Other /-/ ¢/ City Clerk-- J:\SHRDATA\Planning\SHARED\WP\PROJECTS~Hamptons at Boynton Beach\NWSP\DEVELOPMENT ORDER - NWSP.doc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Melear PUD PHASE 3B File number: NWSP 99-004 Reference: 3rd Review, New Site Plan. File # NWSP 99-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Compactors not shown; assume curbside garbage pickup. X 2. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach including city roll-off container. Place note on dumpster detail to indicate same. UTILITIES Comments: 3. 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. Several direct conflicts between utilities and canopy trees are apparent, and must be correct. 4. Dept. of I-IRS permits will be required for the water and sewer systems X serving this project. (Sec. 26-12). 5. Sec. 26-34(E) of the City Code requires that a capacity reservation fee X be 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. Assuming one meter per dwelling unit, the fee will be $17,740.80. 6. Water and sewer lines to be owned and operated by the City shall be X included within utilkies easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 i?eet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 7. A building permit for this project shall not be issued until this office X has approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) Page 2 Melear PUD File No.: NWSP 99-004 DEPARTMENTS INCLUDE REJECT FIRE Comments: 6. Fire flow test is required (contact City fire personnel to initiate). X 7. Show compliance with minimum turning radius requirement of 45 feet. X 8. Dimension properly to verify that no structure exceeds maximum X distance to hydrant. 9. Security gate operation must meet the approval of the Fire Marshal, X BBCC 9-15. Card key operators are not acceptable as a stand alone system. 10. Wood frame construction will require fire sprinklers and the location of X Fire Department connections must be shown, BBCC 9-6 and LDR 6-16. POLICE Comments: 11. Plans must show traffic control devices or signage at all intersections. X ENGINEERING DIVISION Comments: 12. The plans submitted indicate a 40 foot wide right-of-way for the X proposed roadways .which does not comply with the City's Land Development Regulations. The minimum right-of-way width allowed by the City's Land Development Regulations is 50 feet, revise the plans, obtain relief, or amend the text accordingly. BUILDING DIVISION Comments: 13. A rectified master plan for this project is not on file to verify that the X proposed building and site regulations are accurate. Provide a copy of the rectified master plan. It is possible that additional comments may be generated following the submittal of a rectified master plan. 14. On sheets 15 of 29, 21 of 29 and 27 of 29, indicate and identify the total X floor area that is air-conditioned Pa~e 3 Melear PUD File No.: NWSP 99-004 DEPARTMENTS INCLUDE REJECT 15. Omit from sheet L-2 and L-3 all landscape material that are located X outside the boundary of Phase 3B. 16. The building permit plans for each townhouse building shall include X landscape plans that depict the landscaping material that will be placed on the lots that are associated with the building. An irrigation permit will also be required. 17. Show on sheets L-2 and L-3 a symbol that represents the perimeter X boundary of the common areas. Also, label the areas as common ground 18. A separate landscape permit shall be required for the landscaping that is X proposed for the common areas, buffer tracts and recreation parcels. An irrigation permit will also be required. 19. To verify that the proposed entry wall signs do not encroach into an X easement, add to sheet L-4 the location, type and size of easements that are located along the north boundary of both recreation areas. 20. Add the South Florida Water Management District permit number to the X site grading notes found on the drawing titled Preliminary Engineering Plan Town-home Site. Also, specify the minimum £mish floor elevation and minimum crown of the road that is stated on the permit. Where applicable, adjust the drawings. 21. Amend the building and site regulations that are identified on the drawing X titled Final Site Plan, Phase 3B to match the building and site regulations shown on the proposed, rectified master plan. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 22. On the architectural elevations plan provide the overall height dimension X to the roof peak, and building materials and colors in tabular form. Chapter 4 Section 7 Paragraph D. 1. Pa~e 4 Melear PUD File No.: NWSP 99-004 DEPARTMENTS INCLUDE REJECT 23. Provide all lighting and fire hydrant locations on the site plan and X landscape plans. 24. Provide notation on the site plan of how refuse will be collected. X 25. In addition to the current landscape plans, provide an overall landscape X sheet produced at the same scale as the site plan. Ch.4 Sec.7 Par. C.1 26. Provide necessary documents to show unified control which meet the X criteria stated within Ch.2.5 Sec.6 of the City of Boynton Beach Land Development Regulations. 27. Submit for review a copy of the HOA documents. Also, since the one-half X recreation credit requires the consolidation of the subject area with the recreation area of future phases, HOA documents shall ensure the accessibility of the two recreation areas of all three phases by residents. 28. Prior to site plan approval confirmation of compliance with traffic X performance standards shall be received from the Palm Beach County Traffic Division. 29. A bond shall be posted for all common area landscaping, including that on X recreation areas, due for phase 3B. The bond shall be posted prior to issuance of first building permit. 30. Provide parking for recreation amenities given the number of units located X greater than 500 feet from the subject amenity. Provide at a minimum, 1 space per 4 units located between 500 and 800 feet from the recreation area. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 30. Delete condition # 12. X ADDITIONAL CITY COMMISSION COMMENTS J:\SHRDATA~PLANNING\SHARED\WP'xPKOJECTS'aMELEAR Plll)\NWSIP\f2CsM't~'~TxVrq r~*xa~** ~ xmrct* ~ ~ ~n ~ ~ ,DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA McCraney Richard Sun, Sun Architect 625 Whispering Pines Road PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: SW 14th Place DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. June 1, 1999 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 referericed 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. \\\\\~ ~ i I I I I i11111//. 7. Other .xxx~'-,. ",u// DATED: J:~SHRDATA~Planning~SHARED~PROJECTS~Hamptons at Boynton Beach~NWSP~DEVELOPMENT ORDER - NWSP.doc ~ ~O~~ EXHIBIT "C" CONDITIONS OF APPROVAL Project name: MC CRANEY SW 30th, iNC File number: NWSP 99-006 Reference: 2nd Review, New Site Plan. File #99-006 DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: 1. As per section 10-25 in the City Code, free dumping access to containers X at all times shall be provided by the user. 2. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach including City's roll-off dumpster. Place note on dumpster detail to indicate same. 3. Dumpster enclosure gates must be able to open wide, with locking pegs X for open and closed positions. 4. Dumpster enclosure must be bigger if bollards are to be installed inside X the enclosure. UTILITIES Comments: General Comments 5. 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. There is a direct conflict between a tree and the proposed fire hydrant located in the northwest corner of the property, which must be resolved. 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your HRS permit submittal. 7. 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. 8. Provide an engineer's written certification that drainage will conform to X Page"2 File Name: McCraney SW 30th Inc. File No.: NWSP 99-006 DEPARTMENTS INCLUDE REJECT all rules of the City and the South Florida Water Management District. (LDR Chap. 4, sec. 7F). Specific Conditions 9. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 10. 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. 11. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with Sec. 26-207. 12. A building permit for this project shall not be issued until this office has X approved the construction plans for the water and sewer improvements required to serve the project. (Sec. 26-15) 13. The waste stream from the 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: 14. Show minimum turning radius of 45 feet. X 15. Water mains and fire department connections are not shown. X 16. No part of the structure may be more than 200 feet from a hydrant. A X fire flow test is required; LDR 6-16 POLICE Comments: None X ENGINEERING DIVISION Comments: 17. All plans submitted for specific permits shall meet the City's code X Pag~ '3 File Name: McCraney SW 30th Inc. File No.: NWSP 99-006 DEPARTMENTS INCLUDE REJECT 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. 18. Provide an engineer's certification in writing that drainage will conform X with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. [LDR Chapter 4, Section 7.F.2.] BUILDING DIVISION Comments: 19. Identify the finish floor elevation within the footprint of the building X that is illustrated on the floor plan drawing. Add to the site data, found on sheet SP 1, the flood zone that the building is located within including, where applicable, base flood elevation. If there is no base flood elevation, indicate that on the plan. Add specifications to the site data that will verify that the proposed finish floor elevation is in compliance with the minimum standards of the following: a) Minimum elevation required by the flood zone. b) Minimum elevation required by the South Florida Water Management District permit for the project (Lawson Industrial). c) Show and specify that the elevation of the finish floor is not less than six inches above the crown of the abutting right(s)-of-way. 20. At time of permit review, identify on the site plan the actual setback X dimension from the leading edge of the east face of the building to the east property line. Please note that the setback dimension shall be measured from the overhang, covered walkways, cm~opies or awnings. The building setbacks shall comply with Zoning Code regulations. 21. Add the following note to sign area calculation found on sheet SP1 - X "Drawings of the signage shall comply with the applicable regulations specified in the Sign Code (Chapter 21 of the Land Development Regulations)." 22. At time of permit review, submit signed and sealed plans including a X current survey. 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 I I File Name: McCraney SW 30th Inc. File No.: NWSP 99-006 DEPARTMENTS Comments: None INCLUDE X FORE STER/ENVI-RONMENTALI ST Comments: 24. The applicant will have to complete the land-clearing permit prior to X requesting the first building permit, 25. X The applicant must submit landscape and irrigation plans for the grass median on SW 30th Ave. abutting the site. PLANNING AND ZONING Comments: 26. 27. 28. 29. 30. Label and dimension all required landscape strips on the landscape plan. Extend terminal islands at the northeast corner of the building to align with end of accessible parking stalls. Submit necessary traffic analysis, and confirmation from Palm Beach County that project complies with the Traffic Performance Standards Ordinance. Add the street address (number) on the sign base, centered on both sides just below the sign face. Correct internal inconsistency between application which indicates building size to be 19,550 square feet and 32.1% lot coverage and the site plan which shows project size to be 19,980 square feet and 32.8% lot coverage. Add note to site plan to indicate the per unit/bay breakdown of use (e.g. 25% for office). Add note to plan indicating that parking calculation is based on a scenario to include only office and warehouse, or incorporate manufacturing space into calculation and increase spaces accordingly. 31. 32. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 33. None X X X X X X X X ADDITIONAL CITY COMMISSION BOARD COMMENTS 34. To bz ~:tcrm!nzd ,~I~r~- J:\SHRDATA\Planning\SHARED\WP\PROJECTSWIC CRANEY\COMMENTS NWSP 6-1-99 CC.doc REJECT