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Minutes 08-05-97MINUTES OF THE REGULAR CITY COMMISSION MEETING H ELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 5, '1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor. Mayor Jamie Titcomb. Vice Mayor Matthew Bradley, C0mm~ssioner Shidey Jaskiewicz. Commissioner Henderson Tillman. Commissioner Kerry Willis. City Manager Donald J Doody, Assistant City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:31 p.m. B. Invocation Reverend Harold Hendren of First United Methodist Church offered the invocation. C. Pledge of Allegiance to the Flag The Pledge of Allegiance to the Flag was led by Vice Mayor Titcomb. D. Agenda Approval '1. Additions, Deletions, Corrections City Manager Willis added Items IV.V. IV.W, and IV.× (Extending Grant Funds for Expansion of Hester and Palmetto Greens Park). She postponed Item IV.J until the August 19. 1997 City Commission meeting at the request of the applicant. Ms. Heyden advised that the applicant requested postponement to the next meeting so that his entire team can be present. City Manager Willis corrected Item IV.O to reflect that funding for this item will come from the CIP account, MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 2. Adoption Motion Vice Mayor Titcomb moved to adopt the agenda as amended. seconded the motion, which carried unanimously, I1. ADMINISTRATIVE Commissioner Bradley Accept resignation from Mike Bottcher, Regular Member, Recreation & Parks Board Accept resignation from Eleanor Mann, Alternate Member, Library Board Motion Commissioner Bradley moved approval of the above two items. Vice Mayor Titcomb seconded the motion, which carried unanimously. C. Appointments to be made Appointment to be Made Board Length of Term Expiration Date I Titcomb IV Tillman I Titcomb IV Tiliman MayorTaylor I Titcomb II Bradley IV Tillman I Titcomb II Bradley Ii Bradley IV Tillman I Titcomb MayorTaylor II Bradley , III Jaskiewicz Adv Brd on Children & Youth Alt Adv Brd on Children & Youth Stu/Reg Civil Service Board Alt Cemetery Board Reg Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Code Enforcement Board Reg Code Enforcement Board Alt Community Relations Board Alt Education Advisory Board Stu Library Board Alt Library Board Alt Library Board Reg Senior Advisory Board Alt Senior Advisory Board Alt 1 yr term to 4/98 TABLED I yr term to 4/98 TABLED 2 yr term to 4/99 TABLED 3 yr term to 4/00 TABLED 3 yr term to 4/00 TABLED 1 yr term to 4/98 TABLED Term expires 9/97 TABLED Term expires 9/97 TABLED Term expires 9/97 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED I yr term to 4/98 TABLED 1 yr term to 4/98 Term expires 4/99 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Mayor Taylor Recreation & Parks Board Reg Term expires 4/99 Motion Commissioner Jaskiewicz moved to remove the appointments from the table. Vice Mayor Titcomb seconded the motion, which carried unanimously. Commissioner Bradley appointed Aubrey Ewing as an alternate member to the Code Enforcement Board. Eleanor Krusell as an alternate member to the Community Relations Board, and Heidi DeVries as a student member to the Education Advisory Board. Commissioner Tillman appointed Barbara Smith as an alternate member to the Library Board. Mayor Taylor appointed Daniel Holthouse as a regular member to the Library Board, and moved up Bruce Black from alternate to regular member of the Recreation and Parks Board Commissioner Jaskiewicz appointed Elizabeth Jenkins as an alternate member to the Senior Advisory board. Motion Commissioner Tillman moved to approve the appointments as stated and to table the remaining appointments. carried unanimously. III. A. Announcements None. B. Commissioner Jaskiewicz ANNOUNCEMENTS AND PRESENTATIONS seconded the motion, which Presentations 1. Proclamation a. Firefighter Appreciation Week - August 25 - September 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 1,1997 Mayor Taylor read a proclamation declaring August 25 through September 1, 1997 as Firefighter Appreciation Week and presented it to Fire Chief William Bingham. Award Certificates of Appreciation for participation in Flag Raising Ceremony at the 4t" of July Big Blast to: Ginny Shea of the Recreation Department presented award certificates to the following organizations for their participation in the Flag Raising Ceremony at the 4'n of July Big Blast: Sons of the American Legion Squadron 164 Jewish War Veterans Post 440 American Legion Post 164 Veterans of Foreign Wars Post 5335 Boy Scout Troop 395 Karol Jones Coast Guard Auxiliary Flotilla 54 A representative of the Veterans of Foreign Wars 5335 stated that his post would do anything for this council A representative of the Coast Guard Auxiliary Flotilla 54 stated that her organization appreciates their good working relationship with the City Commission and the City. Mayor Taylor appreciated all these organizations helping us with this celebration and hopes to see them back again next year. At this time, Mayor Taylor acknowledged the presence of County Commissioner Mary McCarty and her husband. IV. CONSENT AGENDA A. Minutes I. Regular City Commission Meeting Minutes of July 15, 1997 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Vice Mayor Titcomb moved to approve the minutes of the July 15, 1997 meeting as submitted Commissioner Jaskiewicz seconded the motion, which carried unanimously. 2. City Commission Workshop Meeting Minutes of July 16, 1997 Motion Commissioner Bradley moved to approve the minutes of the July 16. 1997 meeting as submitted Vice Mayor Titcomb seconded the motion, which carried unanimously. 3. City Commission Workshop Meeting Minutes of July 25, 1997 Motion Commissioner Jaskiewicz moved to approve the minutes of the July 25. 1997 meeting as submitted. Commissioner Tillman seconded the motion, which carried unanimously. Commissioner Bradley pulled Item 11 from the Consent Agenda, and Mayor Taylor pulled Item T Bids - recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Award Annual contract for BackFIow Prevention Device Inspect & Test Services to Thomason Plumbing, Inc. of Boca Raton, Florida, and Zager Plumbing, Inc. of Deerfield Beach, Florida. The Tabulation Committee recommended splitting this bid between the above-named companies because they tied with Iow bids for our most commonly sized units. These bids were the lowest, most responsive, responsible bidders who met all specifications. C. Resolutions Proposed Resolution No. R97-118 Re: Accept Letter of Credit from Huntington Banks for the water improvements to serve Cooker Restaurant and Grille 5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Proposed Resolution No. R97-119 Re: Approving Job Description for Contractual Position known as Action Center Technician Proposed Resolution No. R97-120 Re: Approving Renewal Rates for Employee Benefit Insurance Programs Proposed Resolution No. R97-122 Re: Approving Renewal of agreement between the City of Boynton Beach and The School District of Palm Beach County for grant funding ($4,400) from the Children's Services Council of Palm Beach County to operate the Latchkey Afterschool Program at Rolling Green Elementary and to provide 24 School Age Child Care scholarships to children of low income families who attend Poinciana Elementary School Proposed Resolution No, R97-123 Re: Authorizing Dale S. Sugerman. Assistant City Manger and Director of Human Resources, to sign (as Agency Liaison) an agreemenl between The School District of Palm Beach County and the City of Boynton Beach for vocational educational services Proposed Resolution No. R97-124 Re: Authorizing the City Attorney or his designee to accept service of process on behalf of the City of Boynton Beach Proposed Resolution No. R97-125 Re: Approving Addendum No. 2 to agreement between the City of Boynton Beach and the Town of Ocean Ridge forthe connection of 33 homes along Shore Drive (within the City) to the new 1,2" ductile iron main. at City expense Proposed Resolution No. R97-'126 Re: Ratification of South Central Regior~al Wastewater Treatment & Disposal Board action of Juy 17, 1997: a Authorization for modification of Quail Ridge reuse agreement to include HOA. b. Authorization to enter into a three (3) year lease agreement with Dan Burns Oldsmobile. Inc. at a rate of $297.85 per month for the Executive Director's vehicle. c. Authorization to increase J.J. Kirlan's contract for the Northwest Reuse Project from $4,400,000 to ,$4.469.795 to cover-S29.795 of change orders (Capital Projects). d. AuthoriZation to increase Ricman's contract for the No~hwest Reuse Project from $2 418 310 to $2 477 738.09 to cover $59;428.09 of change orders (Capita Prolects). MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 10. 11. Authorization for acceptance of 1997/98 O&M Budget, Capital Projects, and Repair and Replacement Expenditures. Authorization to establish user rate to cities for fiscal year 1997/98 as follows: 1997/98 Operations & Maintenance Ocean Outfall Sinking Fund Total $0.5805/1,000 GAL $0.0030/1,000 GAL $0.1120/1.000 GAL $0.6955/1,000 GAL g. Authorization to enter into a License Agreement with Florida East Coast Railway for Utility crossing of railroad right-of- way. h. Authorization to enter into an agreement with South Florida Water Management District to pay South Central Regional Wastewater $300,000 for reuse water project. Proposed Resolution No, R97-127 Re: Approve reduction of surety requirement for Sunset Cay (by Bovis Homes) from $14,630 down to $5.000 Proposed Resolution No. R97-128 Re: Authorizing staff to apply for Phase IV Palm Beach County Roadway Beautification Grant for South Congress Avenue Medians (4) Proposed Resolution No. R97-129 Re: Approve an agreement with Boynton Transit for advertising Commissioner Bradley pulled this item from the Consent Agenda. D. Approval of Bills A list of these bills is attached to the original minutes on file in the City Clerk's Office. E= Approve Records Disposition Request ~333 from the Finance Department to dispose of cancelled payroll checks, and Records Disposition Request #334 from Utility Billing to dispose of Utility Customer Records and Work Orders The State has approved this request, 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 F. Authorize sole source purchase of new computer and software from Data Flow Systems, Inc. for the monitoring of the 148 Lift Stations through Remote Terminal Units in the amount of $10,612 This item is explained in detail on the Agenda Item Request Form. G. Approve request for refund on Cemetery Lots 71, 72 and 73, Block E, Boynton Beach Memorial Park Muriel E. and Robert Holzman submitted this request. H. Approve request for refund on Cemetery Lot 162-A, Block S, Boynton Beach Memorial Park, purchased by Mrs. Mary Carotanuto This request was submitted by Elinor J. Marz on behalf of her mother, Mary Carotenuto. A Statutory Health Care Power of Attorney designating Elinor J. Marz as Ms. Carotenuto's health care attorney-in-fact was submitted. I. Approve request for refund on Crypt #E-8, Devotion Building, Section D, Boynton Beach Mausoleum, from Mr. Herbert E. Fereday Herbert E. Fereday submitted this request. J. Approve request for an Administrative Appeal for Boynton Commons PCD, located at the southwest corner of Old Boynton Road and Congress Avenue, to significantly modify the previously approved building elevations of the Boynton Commons PCD Shopping Center. This item was postponed until August 19, 1997 at the request of the applicant. K. Approve request for Use Approval for the Shoppes of Woolbright PCD, located at the north side of the intersection of Woolbright Road and S.W. 8~ Street, to amend the list of Shoppes of Woolbright permitted uses to include vendor carts. This item is explained in detail on the Agenda Item Request Form. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Approve Site Plan for Palm Beach Realty Investors, Inc. at the Boynton Commerce Center PID, located at the south terminus of Corporate Drive, to construct a 35,715 square foot multi-tenant building on a 2.88 acre vacant lot within the Boynton Commerce Center PID. This item is explained in detail on the Agenda Item Request Form. Approve request for Pollo Tropical at Shoppes of Boynton, located at the northeast corner of Congress Avenue and Quantum Boulevard, to abandon a portion of a 15' wide utility easement (Proposed Resolution No. R97-130). This item is explained in detail on the Agenda Item Request Form Approve request for Healing for the Nations Church, located on the west side of Seacrest Boulevard, approximately 335' north of Mission Hill Road, for a one-year time extension of the site plan approval granted on July 16, 1996 to July 26, 1998 for construction of a 6,888 square foot church located on 1.006 acres. This item is explained in detail on the Agenda Item Request Form· Approve purchase of camera equipment for the Police Department to upgrade exiSting photographic equipment from Westinghouse A.I.D. This item is explained in detail on the Agenda Item Request Form. City Manager Willis corrected this item to reflect that funding for this item will come from the ClP account. Approve purchase of the "Tifdwarf Sod"/Resod Collar on the "White" Course Greens purchase at the Golf Course in the amount of $8,272. This item is explained in detail on the Agenda Item Request Form. Approve excavation and fill operation for the east 24 acres of the Melear property which abuts the south and west sides of Sandalwood Drive on the west side of Congress Avenue. This item is explained in detail on the Agenda Item Request Form. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Approve Change Order #17 for additional work in the East Wing by John C. Cassidy air Conditioning in the amount of $2,024. This item is explained in detail on the Agenda Item Request Form. Approve Change Order #1 for Mangrove Nature Park by Construction Technology to reflect a credit of $4,071.40 which adjusts the contract price to $1,375,928.50 from $'1,380,000. This item is explained in detail on the Agenda Item Request Form Approve Code Enforcement Lien Reduction in the amount of $5,922.21 for Case 93-20000971 - Schgai, Inc. (Bay Club), 2280 North Federal Highway. Mayor Taylor pulled this item from the Consent Agenda. Approve Code Enforcement Lien Reduction in the amount of $200 in Case #96-3039 - Rosena and Wilfrid Aldajuste, 2430 North Seacrest Boulevard. This item is explained in detail on the Agenda Item Request Form. Extending Grant Funds for Park (Proposed Resolutior These items are explained in detail on the Motion Expansion of Hester and Palmetto Greens s R97-134, R97-135, and R97-136 Agendal~m Request Form. Vice Mayor Titcomb moved to approve the Consent Agenda with the exception of Items 11 and T. Commissioner Jaski~wicz secopded the motion, which carried unanimously. Item! 11 Proposed Resolution N(~. R97-129 Re: Approve an Agreement with Boynton Transit for Advertising 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Commissioner Bradley was not at the meeting when this was discussed; however, he listened to the tapes of that meeting and met with Mr. Smith. He was ~n favor of this project: however, he felt the design of the bus shelters should be similar to the surrounding buildings. Mayor Taylor advised him that Boynton Transit has agreed that the color of the shelters would be in keeping with the surrounding buildings. In addition, everything, including the design, is subject to the City Manager's approval. Commissioner Bradley referred to the Redevelopment Implementation Program and Quick Victory Projects and suggested utilizing the expertise of the planners that we have under contract with regard to design criteria. Mayor Taylor thought this was a good idea. Motion Commissioner Bradley moved to approve Item IV.11. Vice Mayor Titcomb seconded the motion, which carried unanimously. Item T Approve Code Enforcement Lien Reduction in the amount of $5.922.21 for Case 93-20000971 - Schgai, Inc. (Bay Club), 2280 North Federal Highway Mayor Taylor stated that the Cod6 Enforcement Board recommended reducing this lien considerably. At the Code Enforcement Board hearing, the owner claimed that the tenant was at fault and that he was not allowed on the property. Once he was able to get on the property, he corrected the violations. Scott Blasie. Code Compliance Aeministrator, confirmed that this was part of the testimony at the Code Enforcement Board hearing; however. Code Compliance has no way of knowing if that was the case or not. He pointed out that a lot of the problems were not only Code Enforcement related, but Police Department related also. Al DiMarco was present on behalf of Peter Gandalfo the owner of the premises in question. Mr. DiMarco advised that he serves on the Economic Development Committee of the Chamber and as Chairman of Government Affairs. ~le also served on the 20~20 Vision Committee. He volunteered to help try resolve a serious problem at the Bay Club. With the cooperation of Code Compliance. the Building Department. and Mr. Gandalfo, all the violations have bee~ resolved. 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 He circulated photographs of the improvements of the property. He stated that it is not easy to evict a tenant and that Mr. Gandalfo tried for months to evict the tenant at great expense and frustration. He requested that the City Commission eliminate all fines. Commissioner Bradley was under the impression that there were some problems that were not caused by the tenant, such as the docks. Mr Gandalfo stated that he had a triple net lease with the tenant and the tenant was supposed to repair everything. The tenant would not let him on the property. After the tenant was evicted, Mr. Gandalfo put in a new dock. Commissioner Bradley asked if there were any Code Enforcement problems prior to this particular tenant moving in. He also asked for a history on the refuse fees that backed up. Mr. Gandalfo believes Mr. Grabow took occupancy in 1989. Mr. Blasie advised that Code Compliance became aware of the violations as a result of an occupational license inspection in_ 1993. There were extensive interior violations downstairs and on the second floor. Commissioner Tillman asked how often Gode Compliance had been in contact with the owner. Mr. Blas~e adwsed that Code Cemphance had been m contact wth him quite often. Whenever Code Compliance asked him to do something, he essentially tried to move on it. Mr. Blasie advised that the Code Enforcement Board conditioned their recommendation upon payment of the refuse fees which had stacked up over three or four months in the last year. Mr. Gandalfo submitted a cashier's check and paid the back fees in full. Mayor Taylor noted that this case was cit~ 1994. He appreciated the condition that was that the Police Department respond~ location and a police officer was seriously residents were extremely upset and the ( tenant out of there. The City went thrc cleaned up. He believes the landlord has to and he felt the landlord should h~aveb,rbU ~t must have been a poorly written lease r felt Code Compliance should not nave tc order. ;d in March of 1993 and complied in March of :he property is n now. However. his concern ;d to over 100 complaints in one year at this injured during one of these incidents. A lot of :ity had to utilize Code Compliance to get the ugh a lot of toil and labor to get that place some obligation with regard to whom he rents It something into the contract. He stated that the owner could not get on the property. He force somebedy to keep his or her place ~n 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Commissioner Jaskiewicz concurred with Mayor Taylor's viewpoint, She thanked Mr. Gandalfo for offering to discuss any future tenants with the Commission and for paying Lhe refuse fees. Com missioner Tillman felt eliminating the entire fine would send the wrong message and set a precedent. He felt we shOu d be consistent. Motion Commissioner Jaskiewicz moved Lo approve the Code Enforcement Board recommendation to reduce the fine to $5,000 plus administrative costs. Commissioner Tillman seconded the motion. Mayor Taylor said he is going to vote against this motion because he does not think it is a big enough penalty. The motion carried 4-1. Mayor Tayilor cast the dissenting vote. V. CITY MANAGER'S REPORT A. Economic Incentive Fund City Manager Willis advised that staff is recommending rewsed guidelines for the Fa_cade Program. She understands from Wilfred Hawkins (Assistant to the City Manager/Public Information Officer) that no one had taken advantage of the funds ($50 000) available for facade upgrades Staff recommends that the Commission cons der mak ng th s a match ng grant. App cants wou d be asked to submit project descriptions and specifications for ~approval by the City within 30 days. Upon project completion and verification by inspection, the City would reimburse expenditures of up to $5,000. This would provide ~10 matching grants of $5.000 each Staff also recommended expand ng the boundaries to incude Boynton Beach Boulevard and Federal H~ghway and make the prDgram apphcable to commercial only, for a total of $50.000. Commissioner Jaskiewicz asked if this program would replace the previous loan program. Mr. Hawkins answered affirmatively. Commissioner Jaskiewicz stated that Todd Kotas, Economic Development Director, to d her that six loan applications were approved. She asked what would tlappen to these applications. Mr. Hawkins advised that no loans were approved. 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Commissioner Bradley felt that the eight people who submitted loan applications should be given first consideration. He said these people obviously have redevelopment of the City n mind and are willing to make their property better. He felt this behavior should be rewarded. 'He was in favor of rotating these funds from a loan program to a matching grant program; however, he feels those eight individuals should be given first priority. Mr. Hawkins stated those applications would have to be reviewed to make sure all the required information is submitted. Applicants have to submit estimates and a work write up which specifically indicates the work to be done. If all the required information has been submitted, including the dollar for dollar cash match, they can be considered. Commissioner Jaskiewicz was in favor of expanding the boundaries. Commissioner Tillman inquired if there is a time limit for the submission of applications for the grants. Mr. Hawkins advised that this is not included in the packet; however, the applicants have six months from the time that the grant is g~ven to complete the project and the City will maintain iurisdiction over the project for one year. City Manager Willis suggested thatlthis program be done on a re mbursement basis so t at we can verfy and nspect the rhprOvements that h[ave been made by the app cant Mr. Hawkins advised that one of Improvements Grant Program reimbursement basis after the are submitted to the City. In private sector, specifically the Development Committee, be onginally been formed to rew, recommendations sted on the CRA Exterior that the grant money be pad on a ; and the necessary documents and receipts , it was recommended that someone from the of the Chamber of Commerce Economic the Staff Review Committee that had pproval. Mayor Tay or, referred [o Commiss~ o~er Brad ey's co[nments about the e ght people wno prewous~y applied under the old ,p~'og.ram. He pointed out that the boundaries are being exp. anded and had the peo'pl§.i~;~h~ newly expanded boundaries been eligible to apply under the old program, they r~i§l~t have done so at the same t me as those eight individuals. Mayor Taylor referred to the Coun 'siCor Grant and wond r , b/ ~. ,~ ~ e ed who checked to see if the work was done at Caf~ Barista~nd ,the'~Dolphin Re§taurant. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Mayor Taylor was in favor of a dollar for dollar matching graht; however, he felt the applications should come before the Commission for final approval. Motion Vice Mayor Titcomb moved to approve the program with the caveat that it comes back to the Commission for final approval. Commissioner Tillman seconded the motion. Commissioner Jaskiewicz inq uired about the makeup of the Staff Review Committee. Mr. Hawkins advised that it consists of himself, Mr. Kotas. Octavia Sherrod. and the private sector person. Most of the work will have to be permitted. Therefore, it will have to go through the building permit process and would be inspected by the appropriate people in the Building Department. Commissioner Bradley asked if there is agreement that the e~ght individuals who applied under the prewous program be given firsl priority. Commissioner Tillman was not in agreement with this. He pointed out that this is an entirely different program. The City has revamped the program and they should reapply under the new program. Commissioner Jaskiewicz did not think the previous program was promoted enough and asked how this information is being disseminated to the businesses in the area She expressed concern about businesses that are not members of the Chamber of Commerce being informed about this program. Mr. Hawkins advised that we mig bt do som, ewhat of a door to door type campaign with businesses. The Palm Beach Po~t has air~ady done a stow on this. We will talk to the people along the corridor, and meet with the associations, such as the Boynton Beach Boulevard Association and the Chamber e~f Commerce. We wil try to do a little more publicity this time. He recommended tha~ f~he program not be effective until after the 1st to allow us to publicize it. Vice Mayor Titcomb asked if the eight pe;ople who previously applied would have to start from scratch Mr. Hawkins advised th~at the application itself has not changed and the requirements are still the same. Ho~/ever. those applications would have to be reviewed for completeness. Mayor Taylor did nol feel the grants shc~u d be awarded on a first-come f rst-serve bas~s. He felt the Staff Rewew Committeff Should take nto cons derat on the d rect on and goals of the C~ty and If the projects support what the C ty s trying to do with regard 15 MINUTES REGULAR CITY COMMISSION M!EETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 to generating economic growth in the area. Commissioner Bradley said that becomes very subjective and he felt a lot of people would apply for these grants. Mayor Taylor hopes this will be a continuing program and will generate additional tax base. Then we will have more money to match the following year. The motion carried 4-1. Commissioner Bradley cast the dissenting vote. VII. PUBLIC AUDIENCE No one in the audience wished to address the Corem ss on. VII. PUBLIC HEARING Project: Agent: Owner: Location: Descri ption: High Ridge Commerce Park PID J. P, ichard Harris, Esq. Condor Investments of Palm Beach County, Inc. 1) Southernmost 25 feet of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road 2) Southernmost 25 feet of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road. 1) Abandonment- Request to abandon a 25-foot wide buffer easement along the south side of the High Ridge Commerce Park PID (Proposed Resolution No. R97-131) 2) Abandonment- Request to abandon a 10 foot wide buffer easement along the south side of the High Ridge 'Commerce Park PID (Proposed Resolution No. R97-132) Mr, Harris agreed to all tl~e conditions. Under the description, he corrected the second abandonment to read "a 10 foot wide utility easement" instead of a "buffer" easement. No one in the audience wished to address this item. 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Tambd Heyden. Planning and Zoning Director, referred to Proposed Resolutions R97-131 and R97-132 and advised that the conditions on these abandonments have already been satisfied. Motion Commissioner Bradley moved to approve this item. Commissioner Tillman seconded the motion, which carried unanimously. B. Project: Agent: Owner: Location: Description: Enterprise Rent-A-Car Dee Monette Gil Hyatt Construction Harry Hamilton, Trustee 1009 North Federal Highway Conditional Use - Request to raze an existing building and construct a 528 square foot modular building/trailer with parking and landscaping for automobile leasing on a .17 acre lot. Jody Covello and Klm Krestow of Enterprise Rent-A-Car agreed to all the conditions. Ms, Heyden advised that this project falls within the Federal Highway corridor. This is a sma II lot and there are only six parking spaces. She spoke to our planning consultants and they do not feel this would be in conflict with their study. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve Agenda Item VlI.B Enterprise Rent-A-Car conditional use. subject to staff comments. Commissioner Bradley seconded the motion, which carried unanimously. viii. BIDS Approve purchase of a new automated remote touchread/meter system, piggybacking the Seacoast Utility Authority Bid #97-174- W/Cold Water Meters/5 year contract from Sensus Technologies, Inc., Norcross, GA, for an estimated total purchase over a 10-year 17 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 change-out/placement program of approximately 28,000+ x $77.31 = $2,164,680 (Anticipated annual expenditure is approximately $250,000). Motion Vice Mayor Titcomb moved to approve Item VIII.A. Commissioner Bradley seconded the motion. Commissioner Jaskiewicz advised that this is a considerable expense. She was concerned about the six-month time frame that we had for reconsidering possible pdvatization. Bob Kenyon. Deputy Utility Director advised that this is a bid that expired. We are trying to not only replace the meter system, but make an improvement. Whether we privatize or not. this would be an improvement to the system. The motion carried unanimously. IX. DEVELOPMENT PLANS None. X. NEW BUSINESS A. Items for discussion requested by Commissioner Shirley Jaskiewicz 1. Discuss Phase II of the Community Appearance Code Commissioner Jaskiewicz would like to give the properties that were grandfathered in a time frame to bring them up to some sort of code. She was concerned about the image of the City and had serious concerns about some of the structures lack of landscaping, dumpsters without enclosures, cars abutting sidewalks and perimeter planting. She collected material from other cities and would like to [urn it over to the Planning staff and have them represent it to the Commission. It was the consensus of the Commission that staff look at upgrading our Appearance Code and bringing something back to the City Commission. 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 B. Consider raising bid threshold from $5,000 to $10,000 City Manager Willis stated that this is a housekeeping item. This would reduce the time frame for purchases between $5 000 and $10,000 from six weeks to two weeks. This is becoming fairly standard in most cities of our size. It would have an ~mpact on an average of 100 purchases per year. representing an average of 7.7 percent of the total dollar value of all purchase orders processed. It would impact a relatively small number of purchases. However. instead of going through the entire bid spec process, a departmenl would be required to provide written information of three quotes. Motion Commissioner Tillman moved to approve raising the bid threshold from $5,000 to $10,000. Commissioner Bradley seconded the motion, which carried unanimously. C. Cart Pilot Program for the Sanitation Division Mayor Taylor advised that this is a $17.000 pilot program for the Rolling Green neighborhood. City Manager Willis believes this ~s going to improve the aesthetic quality of this neighborhood. We are going to try it for a six-month period and send surveys to the neighbors for feedback. Then we will make a recommendation whether or not we would like to expand the program to other areas, such as Seacrest Boulevard. Mayor Taylor referred to the Agenda Item Request Form and asked for clarification about the fiscal impact, which states that the cost of this program will be funded from anticipated garbage collection savings. City Manager Willis explained that due to several upgrades in our garbage collection process, we have been able to substantially reduce the cost of manpower by attrition In addition, we have changed routes and make fewer passes by each house to pick up garbage and trash. We are also weighing [he volume of our pickups and averaging that out to require that all crews do more equal work. Mayor Taylor expressed concern about theft of the carts. City Manager Willis advised that this program is widespread and others have not experienced a significant theft problem. The City will purchase the carts for each household. If theft becomes a problem, we will begin to require individuals to assume the cost of replacement canisters. 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Larry Roberts, Director of Public Works. advised that each of these carts would probably have the City of Boynton Beach logo on them. along with unique numbers. They will be at all households and cannot really be used for anything except garbage. In addition, they need to be mechanically lifted Motion Commissioner Jaskiewicz moved to approve this project for a probationary period of time. Commissioner Tillman seconded the motion, which carded unanimously. Set workshop meeting date to discuss mission statement for the Transportation Division of the Public Works Department Motion Commissioner Tillman moved to approve a workshop for August 15, 1997 at 3:30 p.m. Vice Mayor Titcomb seconded the motion, which carried unanimously. E. Establish Children and Families Service Center in Boynton Beach Mr. Hawkins advised that with the help'of Commissioner Jaskiewicz and Sara Williams (a citizen), we have been able to convince the State to relocate staff to the City of Boynton Beach to set up a serwce center. He described the services that will be provided by this center. The Department of Children and Families Service is looking at mowng their office in Lantana to Boynton Beach They have approximately 18 staff persons and this center is mainly an application-processing center. They process applications for HRS services such as assisting the elderly with food shelter, and getting into nursing homes. One of the other components of this center would be the Florida Department of Labor. They have two staff people and a new computer system for job searching. If you were laid off from employment, you would have to access [his particular center to begin to get benefits. This center wil provide counseling for those seeking employment and computers will be available for job searching. Economic services will not be available at this center. People will have to pick up food stamp packages etc.. from Lake Worth. Delray Beach, or West Palm Beach. The center in Boynton Beach will only be an application-processing center for State services offered through HRS or the Department of Children and Families. People would go there for application processing and 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 preliminary approval. Once approved, they will proceed to the other offices to access benefit packages. The Department of Children and Families can (1) put out a bid package for space within the Boynton Beach geographical area, determine which space is more appropriate. then enter into negotiations with the landlord; or (2) pick a space and engage in negotiations with the landlord. This facility requires about a minimum of 8,000 square feet. Mr. Hawkins advised that it was made very clear to HRS staff that the City would only participate with the initial setup costs for this endeavor. He said staff recommends that the City agree to participate with the one-time setup costs for moving a service office to ' the City of Boynton Beach and to allow HRS to proceed with their process of finding an appropriate location. Commissioner Jaskiewicz advised that we indicated to HRS that we wanted a location accessible to public transportation. Mayor Taylor referred tO the backup material and asked why they are not including T-1 line. telephone service, fax machine, Sheriff. photocopy machine, and postage machine in the setup costs. Mr. Hawkins explained that a lot of costs will not be applicable in this case because they are simply moving an office from one location to another. Mayor Taylor asked why the setup costs cannot come out of the CDC funding instead of the City Contingency Fund. Mr. Hawkins advised that the Commission already approved how the CDC dollars will be spent. Motion Commissioner Bradley moved to approve a one-time $11,000 allocation for cost sharing to set up a DCF office in the Boynton Beach area. Commissioner Tillman seconded the motion, which carried unanimously. F. Consider Demolition of Old Boy nton High School Vice Mayor Titcomb was not prepared to demolish this building at this time. He pointed out that the work being done by Duncan & Associates is very pertinent to what happens in this area. There s no rush to demolish this building, so we have time to get input from Duncan & Associates. 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, '1997 Commissioner Tillman was in favor of tabling this item until we receive clear direction from Duncan & Associates. However, he pointed out that it would cost an enormous amount to save this building. He preferred to build a brand new building. Commissioner Jaskiewicz leaned more toward a new building because of the condition the present building is m. She also pointed out that this building is small. Commissioner Bradley was in favor of getting Duncan & Associates' input and agreed there is no rush to demolish the building. Mayor Taylor knows there are some emotional ties to this building. However, he pointed out that the City is not that affluent that we can save every building we would like to. He also pointed out that we are trying to save the elementary school. He agreee with Commissioner Tillman that for what it cost to restore this building, a brand new one could be built. He also agreed that there is no rush to demolish the building and suggested deleting this item from the agenda and bringing it back in the future. City ManagerWillis stated that Hank Skokowski has begun a preliminary analysis. This building crowds the existing site. The specs for the old school that we are in the process of renovating have gone out to bid. knowing that we do not have sufficient funds to proceed at this point. We may have to phase that project. She will ask Mr. Skokowski to come back with a :formal report and a recommendation. She pointed out that it would cost between $3.5 and $5 million to restore this building. Harvey Oyer, 512 N. Seacrest Boulevard. President of [he E~oynton Beach Historical Society, spoke against the demolition of this building. He pointed out that it is part of the history of Palm Beach County. He felt this building, put to proper use. could be the anchor for the area from Seacrest to the Intracoastal. He said this community lacks places of cultural significance. He felt the gymnasium could be converted into a theater. He felt the community would be able to benefit by having a place to have plays and musical performances. He pointed out that we have remodeled City Hall and have had problems s nce. The County built a School Board that is referred to as a Taj Mahal, yet the children are left in portable classrooms because the administrators are living n luxury. He felt we need to make use of what we have. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 He referred to the playground across from City Hall and stated that if he was to build on property, he could not do what the City did. He pointed out that the Building Department never permitted that playground. He stated that if you try to make existing buildings conform, you are going to destroy the ability for people to get into those places to trade and eventually they will be back on the market and the tax roll will go down. Motion Commissioner Bradley moved to delete this item from the agenda. Commissioner Tillman seconded the motion, which carried unanimously. Set workshop meeting date to discuss proposed Leisureville settlement and Woolbright Place Settlement Agreement Motion Vice Mayor Titcomb moved to approve a workshop meeting on August 25 1997 at 6:30 p.m Commissioner Jaskiewicz seconded the motion, which carried unanimously. Xl. LEGAL A. Ordinances - 2"d Reading - Public Hearing Proposed Ordinance No. O97-32 Re: Amend Part II, Chapter 2. Article I, Section 2-20(c) of the Code of Ordinances providing for amendment of the time period in which motions to reconsider quasi-judicial decisions must be made and indicating when a quasi- judicial decision is final Attorney Doody read Proposed Ordinance No. O97-32 by title only. No one ~n the audience wished to address this item. 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-32. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O97-33 Re: Amend Part II, Chapter 2. Article I, Section 2-15(e)(4) of the Code of Ordinances to revise the allowed reimbursement for meals while on official city business Attorney Doody read Proposed Ordinance No. O97-33 by title only. George Weide. 2389 S.W. 9'n Avenue. asked if the Commission already has an expense account. Mayor Taylor answered affirmatively and informed Mr. Weide that this ordinance pertains to City employees, not the Commission. No one else in the audience wished to address this item Motion Vice Mayor Titcomb moved to approve Commissioner Tillman seconded the motion. Clerk. The motion carried 5-0. Proposed Ordinance No. O97-33. A roll call vote was polled by the City Proposed Ordinance No. O97-35 Re: Submit to referendum an amendment to Section 55 of the City Charter entitled "Compensation of Mayor and Council"; providing for changes tb monthly compensation by ordinance Attorney Doody read Proposed Ordinance No. O97-35 by title only. Mayor Taylor advised that the next six items pertain to our Charter review. We are going to ask the electorate whether or not they want these changes in the Charter. He advised that the City Attorney suggested the change to this particular ordinance. None of the Commissioners have asked for an increase in pay. As far as he is concerned, this proposed ordinance can be deleted. Commissioner Jaskiewicz concurred. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Commissioner Jaskiewicz moved to deny Commissioner Tillman seconded the motion. Clerk. The motion carried 5-0. Proposed Ordinance No. O97-35. A roll call vote was polled by the City Proposed Ordinance No. O97-36 Re: Submit to referendum an amendment to Section 53 of the City Charter entitled "Mayor. Vice- Mayor; Election, Procedure"; providing for selection of the Vice Mayor at the first regular or special meeting following election Attorney Doody read Proposed Ordinance No. O97-36 by title only. No one in the audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-36. Commissioner Tillman seconded the motion. Commissioner Jaskiewicz felt this is a very minor issue and clouds the real issues. She desired to delete this item City Clerk Sue Kruse explained that this lan_guage is being changed to coincide with what was previously approved. A roll call vote was polled by the City Clerk. The motion carried 4-1. Commissioner ~laskiewicz ca~t the dissenting vote, Proposed Ordinance No. O97-37 Re: Submit to referendum an amendment to Section 50 of the City Charter entitled "Term of Elective Offices"; limiting the term of all elective offices to unlimited two (2) year terms Attorney Doody read Proposed Ordinance No. O97-37 by title only. Dee Zibelli, 440 Ocean Parkway, was r~ot in favor of putting this on the November ballot because it would cost the City between $20,000 and $22,000. She pointed out that the City Commission wanted to eliminate City boards and is setting up an early retirement 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 program to save money. She felt that if the Commission truly wants this to be democratic, it should be worded that any commissioner now seated must be guided by the rules of the Charter when they were elected, therefore not appropriating themselves. Henrietta Solomon. 230 N.E. 26~" Avenue, felt the Commission either wants to perpetuate themselves in office or they have no respect for the electorate. She pointed out that it has hardly been two years that we voted for the third time to keep the present terms. She also felt this should be put on the March ballot to save money, David Katz. 742 NW. 11'n Street. also pointed out that the City has rejected the changing of the term limits three times before. He felt the language should be changed to state that nobody currently sitting on the Commission can partake in this until they have sat out one cycle. Mayor Taylor stated that none of the Commissioners serve at their own pleasure The voters put them here and the voters have option of putting them out every two years. Lee Wische, 1302 S.W, 18~n Street. was in favor of unlimited two year terms and suggested the referendum be held in March because of the cost savings and because ~n many communities, at least a third of the people will not be here in November to vote. No o ne else in the audience wished to address this item. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-37. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. Proposed Ordinance No. O97-38 Re: Submit to referendum an amendment to Section 54 of the City Charter entitled "Duties. Powers. Privileges of Mayor" and deleting the Mayor's powers over the Police and Fire Departments Attorney Doody read Proposed Ordinance No, O97-38 by title only. Harvey Oyer. 512 N. Seacrest Boulevard, was concerned about there being an elected official who can act in an emergency situation. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 City Manager Willis advised that there are provisions for the Mayor to declare a State of Emergency. Aisc, we all have been through FEMA training to run the Emergency Operation Center in the event of a disaster. Nc one else in the audience wished to address this item. Motion Commissioner Tillman moved to approve Commissioner Bradley seconded the motion. Clerk. The motion carried 5-0. Proposed Ordinance No. O97-38. A roll call vote was polled by the City Proposed Ordinance No. 097-39 Re: Submit to referendum an amendment to Section 24 of the City Charter entitled "Quorum, Vote Required on ordinances resolutions: enactment ~3rocedures generally" to delete the necessity of a four-fifths (4/5) vote to amend the future land use element of the Comprehensive Plan Attorney Doody read Proposed Ordinance No. 097-39 by title only. No one in the audience wished to address this item Motion Vice Mayor Titcomb moved to approve Commissioner Tillman seconded the motion. Clerk. The motion carried 5-0. Proposed Ordinance No. O97-39. A roll call vote was polled by the City Proposed Ordinance No. O97-40 Re: Submit to referendum an amendment to delete in its entirety Article IV-A entitled "Merit System for Personnel". thereby abolishing the Civil Service System for all personnel Attorney Doody read Proposed Ordinance No. 097-40 by title only. Dee Zibelli. 440 Ocean Parkway, stated that when the City employees were hired by the City, they were apprised that they would be covered by Civil Service. To pu the rug from under them is immoral. This looks like a power play to reduce the effectiveness of the people who work diligently for the City. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, '1997 Ware Cornell, Esquire. represented over 100 City employees who are protesting the breach of trust and the breach of the promise that has been made to them when they accepted employment with the City. That promise was that they could be terminated only for just cause and that no matter who sat in the Mayor's seat or in the City Manager's seat, as long as they perform their duties they would be entitled to continue working. The effect of this proposat is to immediately destabilize the government of this City. The government of this City is the people who answer the phones, the people who do the code inspections, etc. He heard there was a proposal to substitute another form of review rather than the Civil Service Board: yet that proposal has never been presented to the City employees. The employees deserve a voice. This is a fait accompli. He asked this Commission to honor the promise that was made to [he employees. The employees are willing to meet with the Commission and discuss ways to improve government. He asked at thevery least that if the Commission does not defeat this proposed change that'.they amend it to exempt the employees who relied on the promise when they made career decisions. Rita Arnett an employee of ~he BOynton ,Beach Police Department, stated that the emp oyees have been ~vorking under ~he current Civil Service Rules since July of 1985. A though outdated they g ve the, e~ .p gyees a sense of security when it comes to terms arid cond tons of employment. She asked how the C ty s going [o handle training, promotions, discipline procee~ings~ and evaluations if the current Civil Service Rules are abolished. She also askeU how ~his is going to effect her retirement and pension and what alternative to the Ci? Service~ Rules is being proposed. She did not want to be an at-will employee. She ~equeSt~dthat the Commission reconsider their decision to abohsh these rules and con~ide~ ~pde¢~ng them and making them better. Jim Maclntyre, Fire Inspector with ~eeps eliminating or reducin benefits the conscientious and career opportunities. The Police E approximately 90 percent of t Department indicated that schedule. 1t is very expen., people to conduct training. municipalities, it is g services are going tc employees. City of Boynton Beach, stated that if the City rity, pay plans, promotional opportunities, and employees are going to leave for better a perfect example of this. Since 1994. lost A study conducted by the Police the poor pay plan and weak vacation new employees and it ties up expenenced Beach is not competitive with surrounding lng site for other cities and counties and city to the inexperienced and lesser-qualified 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 David Katz, 742 N.W. 11TM Street. advised that when he was on the Commission, the Commission considered eliminating Civil Service but decided not to because the employees covered under Civil Service have a property dght based on Civil Service. He felt that if the Commission decides to e iminate Civil Service, they should grandfather those already in Civil Service to avoid any possibility of litigation. He stated that the Civil Service manual provides for ways to fire a deadbeat employee. He felt that if administration follows the Cules, Civil Service is good because it protects the employee from political influence of the City Manager who answers only to the City Commission. He stated that the employees can make decisions that will cost a developer hundreds of thousands of dollars and Civil Service protects them from the political influence that the developer might bring upon employees. Chris Wandell. 51 Cedar Circle. the Business Agent for the Boynton Beach Fire Department, Local 1891, stated that employees need to have a sense of security, and he spoke about retaining the qualified employees of the City. Commissioner Jaskiewicz resented the implication that there is political interference. She challenged any employee to say that the present Commission in any way other than in a very positive and encouraging way has interfered with any City employee. She has the highest regard for all employees and would, not do anything that would inh b t them from having fair hearings~ She agreed that the employees should have a voice in anyth ng that would rep ace 'r. he archaic system that exists. She pointed out that Hialeah is the only cit~ , a similar system as Boynton Beach. She was looking to enhance the system a lawsuits and the time spent on .' consider on. she was sure that there would of. She pointed out that many have problems and interfering C~ increase salaries by reducing the amount of relating to Civil Service. She would not what exists. Before this would be voted place that everybody would approve in Florid~ do not have Civil Service and do not Commissioner Tillman's objective,il~s~q increase the quality of life in Boynton Beach and change an archaic Civil Service SYStem to make it better. He said there is no hidden political agenda. Commissioner Bradley pointed opt that there already exists a couple of layers of protection. Civil Service adds a c~mb~ar$ome additional layer that is unnecessary. The layer of protection is there w th thb. Dargaining units, and a policy is going to be put ~n' place to protect employees who are. not represented by bargaining units. He felt we need to ook at the operat on of the C tyke peop e do operat nga bus ness. There has 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 been a big push to make sure that government runs more efficiently. The dollars are not there the way they used to be and government has been guilty of squandering money. The time has come for us to use our money more wisely and part of that means cutting out layers. Vice Mayor Titcomb believes this Commission is trying to make this City a better place and make it run better. The current Civil Service system is outdated and does not meet State Statutes, ADA, or Federal Codes and needs [o be updated. One set of rules will be substituted for another. The newer set will= be current and up to date. Nobody is losing due process and nobody is looking to get rid of employees. We are looking to make a system legal, efficient, and appropriate for the times. Mayor Taylor stated that it is human nature for people to resist change, whether good or bad. He promised that the current employees will not lose any of their current benefits. The Civil Service system ~s archaic and most communities wave already moved to get rid of it. The State of. Georgia is doing away with the Civil Service system. He felt a responsibility to the employees who have worked for the City and promised to give them a system that protects them. He stated that the electorate will make the final decision and the employees have the opportunity to tell their side of the story to the electorate. He was committed to fuhe employees of the City and is very proud of them. He is just trying to effect more modern management and said the employees are part and parcel of what happens and how a City is governed. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-40. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. A recess was declared at 8:56 p.m. The meeting resumed at 9:07 p.m. The Commission discussed whether to have a referendum in November or March. The cost factor was taken into consideration, as well as the seasonal residents, and an educational process. Commissioner Bradley felt that t.he Civil Service issue and the term limit issue will become politicized if we wait to put them on the March referendum. 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Commissioner Tillman moved to hold the referendum election in March, 1998. Commissioner Jaskiewicz seconded the motion, which carried 5-0. B. Ordinances - 1st Reading Proposed Ordinance No. O97-34 Re: Rezoning - Halsa/Auto Care Center of America PCD ........................................ TABLED Attorney Doody read Proposed Ordinance No. O97-34 by title only. Motion Commissioner Jaskiewicz moved to remove this item from the table. Vice Mayor Titcomb seconded the motion, which carried unanimously. All those who intended to testify were sworn in by Attorney Doody. Anna Cottrell agent for the contract purchaser, said the rezoning to PCD was subject to certain conditions. As a consequence of the conditions, there have been some changes to the site plan. One of the conditions may be problematic in terms of the revisions that were necessary on the site plan to meet the balance of the conditions. She asked for some consideration when this comes to second reading for some flexibility in the conditions related to architectural details. The condition that requires an architectural connection between the buildings presents a problem. In reorienting the overhead doom on one of the service bays, it has caused the buildings to move further apart so that we can maintain sufficient site circulation in and out of the buildings. Because the buildings were moved further apart, the requirement to build an architectural feature between the buildings and meet hurricane codes and other building code standards presents problems structurally, from a cost standpoint and aesthetically. Tambri Heyden, Planning and Zoning Director, advised that there was a lot of discussion about aesthetics at, he Public Hearing and at the Planning and Development Board meeting. Some of the issues raised were the appearance of outparcels and buildings that do not have an architectural tie to one another. We were looking for some kind of unification of the buildings. She could not support changing this condition 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, '1997 at this time. The earliest that the site plan will go to the Planning and Development Board is August 26, 1997. Attorney Doody advised that the sole issue before the Commission this evening is the rezoning and advised the Commission to diSavow or disassociate themselves with any diScussiOnS regarding the Site plan or any other issues. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-34 on first reading, subject to the second reading not occurring until after the Planning and Development Board reviews the project. Commissioner Bradley seconded the motion. A roll call vote was polled by the City C!erk. The motion carried 4-1. Commissioner Jaskiewicz cast the dissenting vote. Proposed Ordinance No. O97-41 Re: Amending Chapter 1.5 of the Land Development Regulations by amending Sections 4.3(A) and 4.3(B) to add "conditional use approval" and "conditional use approval time extension" to the list of applications/requests that shall be preliminarily reviewed by the Planning and Development Board Attorney Doody read Proposed Ordinance No. O97-41 by title only. No one in the audience wished to address this item. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-41. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. PropoSed Ordinance No. O97-42 Re: Amending Section 6.E (Bus Shelter Signs) of the City Sign Code, Chapter 21 of the Land Development Regulations Attorney Doody read Proposed Ordinance No. O97-42 by title only. No one in the audience wished to address this item. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-42. Vice Mayor Titcomb seconded the motion..A roll call vote was polled by the City Clerk. The motion carried 5-0. 4. Proposed Ordinance No. 097-43 Re: Deleting Charter Sections Attorney Doody read Proposed Ordinance No, O97-43 by title only. No one in the audience wished to address this item. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O97-43. Vice Mayor Titcomb seconded the motion Mayor Taylor advised that the purpose of this ordinance is to clean up areas of duplication where State law preCedes what is in the Charter or agrees with what is.~n the Charter, C. A roll call vote was polled by the City Clerk. The motion carried 5-0. Resolutions · 1. Proposed Resolution No. R97-133 Re: Adoption of CDBG Consolidated Plan Attorney Doody read Proposed Resolution No. R97-133 by title only. No one in the audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Commissioner Tillman seconded the motion. Clerk. The motidn carried 5-0 D. Other '1. Proposed Resolution No. R97-133. A roll call vote was polled by the City Report by City Attorney regarding annexation procedures 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Attorney Doody reviewed the salient points contained in the City Attorney's July 28, 1997 memorandum. Chapter 171 of the Flodda Statutes governs annexation Attorney Doody reviewed the four types of annexation--voluntary, involuntary, annexation of enclaves, and legislative annexation. Commissioner Bradley was in favor of legislative annexation and dropping a line down from the westernmost boundary in the City to square off the boundaries of the City. He pointed out that the legislature has expressed the desire that municipalities be squared off. The Commission concurred with Commissioner Bradley. Mayor Taylor pointed out that if the legislature agrees with this, it wil probably take a couple of years to get it through the legislature. He said we need to think long term because the City is not prepared to start annexing property because it cannot afford the utilities. Commissioner Bradley pointed out that at the time of the request, the legislature will be looking for the municipality's ability to provide service, At the time of the request, the mumc~pality will need to reasonably demonstrate that it is going to be able to provide service within a reasonable amount of time. City Manager Willis advised that one of the issues is phasing service in over a reasonable period of time by population and capitalization costs to gear up to serve those areas, Some of the areas are currently being serviced by the Sheriff's Department, Palm Beach County Fire Service. and through a Municipal Service Taxing Unit. We would contract to phase ~n or take over that service over a period of years upon the expiration of the current service provider's contract, She suggested that staff work out some more details and bring the Commission back an updated report. Commissioner Bradley asked staff to look at the areas that are currently provided water and sewer outside the City and also those that may be projected to be offered water and sewer. Discussion regarding amendment of 1989 Stipulation and Settlement Agreement with Alhambra Square North Norman Michael. one of the owners of the property, requested the Commission to amend the 1989 Stipulation and Settlement Agreement to allow a freestanding drug store (Walgreen's) to be built on the northeast corner of Congress Avenue and Golf Road. A site plan was presented to the Leisureville Homeowner's Association. The 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Leisureville Homeowner's Association approved of this site plan. Mr. Michael said this will serve the community well. Attorney Doody advised that the City Commission could entertain this request provided that it is understood that a stipulation would be entered into between the City and the property owner and a Court Order would be submitted to the Court to obtain its approval. The City's position should be such that the City will be indemnified and held harmless in the event of a challenge by any third parties or the Department of Community Affairs in light of the fact that the use is not permitted under the Stipulation and Settlement Agreement and would require a rezoning and land use amendment. Mayor Taylor asked if we would have to rezone this to C-2 to allow this to happen. Ms. Heyden answered affirmatively. Mayor Taylor pointed out that there is currently a Walgreen's at Woolbright and Federal. and Military and Woolbright, and one is going to be located on Congress just north of Boynton Beach Boulevard. Commissioner Jaskiewicz asked if this project would consume the entire parcel. Ms. Heyden said it would not. Commissioner Jaskiewicz asked if the entire project is going to be built simultaneously. Mr. Michael said the project consists of a freestanding drug store and a two-story medical office building. The drug store wil be under construction first. The office building will follow within months thereafter. There is going to be an ACLF and an Alzheimeds clinic across the street from this property. He is trying to accommodate the best development for this property. Wilbur Lynch stated that the Board of Directors and the people abutting the property agreed this would be beneficial to them and had no objection to the drug store or the medical office building. Commissioner Bradley asked if this is approved if this parcel would have to have two zoning classifications. C-1 and C-2. Ms. Hoyden did not advise rezoning a small portion of the C-2. She believes the use of the property can be regulated [hrough an agreement. Commissioner Bradley asked what will guaranty us that we will get an office building on the parcel if the entire parcel is zoned C-2. Attorney Doody was not sure we can be guaranteed of that. If it is rezoned to C-2, you can have any permitted use under that category. 35 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 A gentleman with Mr. Michael said he has no intention of developing anything else and was amenable to stipulating to this through a stipulation agreement or site plan specific zoning. Commissioner Bradley asked about the difference between a pharmacy and a drugstore. Ms. Heyden stated that Medication Station on Woolbright Road is a pharmacy. Wa~green's sells all kinds of retail products and their pharmacy is an accessory use. Drugstores are :allowed in C-2. but not in C-1. C-1 is located near residential. The kinds of uses allowed in C-1 are those typically open very limited hours and do not have the same kind of noise associated with them. She pointed out that some Walgreen's are open 24 hours a day and sell liquor. A gentleman with Mr. Michael advised *that this particular Walgreen's would close at 11 ;00 p.m. and would not sell liquor. Pat Berger of 2324 S.W. 13TM Street advised that her residence faces the southeast corner of this property. She pointed out that originally a pharmacy was allowed. She had no objection to a pharmacy, which is smaller and would tie in with the ACLF and Alzheimer's facilities. However. she did not feel a drugstore is needed She advised that Golfview and Silver Lake have not been approached about this. She pointed out that the citizens of Leisureville will have to drive to this Walgreen's because there are no gates in their backyards to get to this Walgreen's. n addition, there is a Walgreen's at Federal and Woolbright. on Military Trail. and another one Is going in on Congress Avenue. She did not think another big drugstore is needed in a residential area. Jim Reed. 245 Cranbrook Drive (Silver Lake). is the Vice President of the Homeowner's Association and believes his community would completely object to something the size of a Walgreen's on this corner. Mayor Taylor did not see a need to change the Court agreement and he did not see the need for a major retail store on that corner. Corn missioner Bradley agreed. Mr Michael pointed out that a two-stow 56,000 square foot professional and medical office building can be erected here. The proposed project is only 40,000 square feet. Commissioner Jaskiewicz suggested tabling this item for future discussion and to get a little more input from the surrounding areas. 36 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 Motion Commissioner Jaskiewicz moved to table this item until the first City Commission meeting in September. Commissioner Tillman seconded the motion, which carried unanimously. 3. Ratification of Amendment to Collective Bargaining Agreements Motion Commissioner Jaskiewicz moved to ratify the amendment to the Collective Bargaining Agreements. Commissioner Tillman seconded the motion, which carried unanimously. Xll. UNFINISHED BUSINESS Authorize the City Attorney's Office to send termination letter to Flutie Enterprises, Inc., giving notice that the City of Boynton Beach is terminating the August 3, '1994 Agreement and demanding removal of the bus shelters installed by Flutie Motion Commissioner TiIIman moved approval of this item Vice Mayor Titcomb seconded the motion which carried unanimously. XlII. OTHER None. 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 10:21 p.m. ATTEST: City~.lerk ~ Recording Secretary (Five Tapes) CITY OF BOYNTON BEACH Commissioner 38 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Enterprise Rent-A-Car APPLICANT: Harry Hamilton, "Trustee" APPLICANT'S AGENT: Dee Monette Gil Hyatt Construction AGENT'S ADDRESS: 989 N.E. 45t~ Street, Ft. Lauderdale, FL 33334 DATE OF HEARING BEFORE CITY COMMISSION: ,,~'-~"~--~-- ~/~'~'.~- TYPE OF RELIEF SOUGHT: Conditional use approval for car leasing. LOCATION OF PROPERTY: 1009 North Federal Highway DRAWING(S): SEE EXHIBIT "A" APl'ACHED HERETQ THIS MA'Fi'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 pubfic finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~'/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B' 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk"-- J~Planning~SHARED\WP~P ROJECTS~Enterprise\COUS/DEVELOPMENT ORDER.doc EXHIBIT "C" Conditions Of Apptbval Project name: Enterprise Rent-a-Car File number: COUS 97-001 :eference: The plans consist of 8 sheets identified as 2nd Review, New Site Plan. File # COUS 97-001 with a tree 9. 1997 planning and Zoning Deparunent date stamp marking. PUBLIC WORKS Comments: 1. This site does not have a dumpster location shown. Curb side service would be available to them if they request in writing to the Director of Public Works (C. Larry Roberts) to start service. UTILITIES AND FIRE Comments: 2. Fire' hydrants shall be within 200 feet of all points on every commercial building. The fire hydrant shown on the plan on the east side of Federal Hwy. is not considered accessible from the property in an emergency situation, (Chapter 6, Art. IV, Sec. 16). POLICE Comments: 3. The bushes/shrubbery line shall stop 10 feet west of the proposed painted stop bar at the in,ess/egress. This will allow for unobstructed driver vision for vehicles exiting the property. Alternative suggestion is to plant foliage with a maximum one foot height of growth at its mature stage. '4. The handicapped parking spaces drawn in the "Typical Parking Space" shall match the ones drawn on the plans (show diagonal striping in access area). 5, Relocate the metal gate at the ingress/egress approximately 10 feet west to allow a single vehicle to pull off of Federal Highway, prior to unlocking the gate. ENGINEERING DIVISION Comments 6. Clarify handicap ramp locatio~ to trailer entrance (plan seems to indicate ramp going to door at end of the trailer which is in the back of the trailer) at time of permit application. 7. Provide a drainage plan [Chapter 4, Section 7.F.] at time of permit application. 8. Clarify pavement construction (will there be new subgrade and new rock?) at time of permit application. / / Page 2 Enterprise Rent-a-Car File No. COUS 97-001 DEPARTMENTS I INCLUDE [REJECT 9. Recommend specifying on the building permit and the occupational license, if appropriate, that there shall be no more vehicles on the site at any time than there are parking spaces. Recommend locating the 5 foot accessibility handicap ramp to the south 10. side of the handicap stall and next to ramp. BUILDING DMsION Comments: 11. The location of the proposed pole sign shown on the site plan does not meet the 10 foot minimum setback dimension from the east property line. Either amend the plans to show, with dimensions, the location of the sign in compliance with the code or remove the sign from the submission. [Chapter 21 - Sign Code, Article 3, Section 5.] 12. The site plan and other plan view drawings of the site do not indicate the location of the handicapped accessible path that is required between the handicapped accessible entrance of the building and the existing sidewalk located within the abutting public right-of-way. Amend the plans to identify the location of the accessible path including specifying the width and ~ade elevations consistent with the Accessibility Code requirements. [Florida Accessibility Code for Building Construction, Section 4.1.2 1II (1) thru (4)] 13. Permit iplans for the proposed project shall comply with the applicable ,/' Building, Energ3' and Handicapped Codes. [Chapter 20 - Building, V Housing and Construction Regulations] PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None Page 3 Enterprise Kent-a-Car File No. COUS 97o001 PLANNING AND ZONING Comments: 14. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equiPment above the roof level. Provide elevations of the structure showing the roof top equip~nent and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the eqUipment with eye level from a distance of 600 ~ hundred feet from the building (LDR,-Chapter 9, Section 11.E). If no roof top eq~Pment is planned, make an appropriate notation on the site plan and building elevations. 15. If a dumpster enclosure is required by the Public Works Department, detailed drawings of a.dumpster enclosure, meeting the design standards as described in EDR, Chapter 9, Section 10.C and Chapter 7.5 Article II, Section 5.J, shall be submitted with. the permit plans. 16. Lighting shall be shown on the landscape plan to eliminate potential conflicts with landscape material and existing and/or proposed, on-site dasements. 17. City's Land Development Regulations, Chapter 4, Sectinn 7.A requires that a survey, provided as a part of the site plan submittal contain a statement tlmt the survey has been abstracted and researched for utility lines, right- of-ways, and/or easements. Provide such a statement on a copy of the survey submitted for permit. ~8. Provide a traffic statement by a registered traffic engineer containing traffic information for the project. The statement shall contain, at minimum, an anticipated number of peak hour trips and average daily trips (this information should be based on ITE standards). Include these numbers in the site plan data summary. The submitted traffic statement shall be approved by the Palm Beach County Traffic Division, prior to building permit issuance. 19. On the elevation drawings note the color code and manufacturer's name of all exterior building finishes. Colors and mater/als shall be compatible with adjacent buildings. 20. Submit to the Planning and Zoning Department samples of all exterior building materials and/or fmishes to be used for construction. DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Park PID APPLICANT: Condor Investments of Palm Beach County, Inc. APPLICANT'S AGENT: J. Richard Harris. Esq. DATE OF HEARING BEFORE CITY COMMISSION: August 5, 1997 TYPE OF RELIEF SOUGHT: Request to abandon a 10 foot wide utility easement along the south property line of the High Ridge Commerce Park PIC and a request to abandon a 25 foot wide buffer easement along the south property line of the PID. LOCATION OF PROPERTY: Southern-most 10 feet (utility Iocationl and the southern-most 25 feet (buffer ocabon) of the H~gh R~dge Commerce Park P D. ocated at the northeast corner of High Ridge Road and unimproved Minor Road. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having ponsidered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Cier'~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge - ABANI\DEVELOPMENT ORDER.doc EXHIBIT "D" Conditions of Approval Project name: High Ridge Commerce Pm'k Utility Easement Abandonment and Landscape Buffer Easement Abandonment File number: ABAN 97-003 and ABAN 97-004 I DEPARTMENTS ] INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: None FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DMSION Comments: N/A BUILDING DIVISION Comments: N/A PARKS AND RECREATION Comments: N/A FORESTER/ENVIRONMENTALIST Comments: N/A PLANNING AND ZONING Comments: I. Prior to approval of the utility abandonment resolution, verification shall be / submitted that indicates that the new easement requested by FPL has been recorded to FPL's satisfaction. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /bme s:\projects\cond of aDvrl ~OJECT NAME: DEVELOPMENT ORDER OF THE CITY COMMISSION OF TI-Ih CITY OF BOYNTON BEACH, FLORIDA MELEAR P.U.D GENE B. GLICK APPLICANT: )d?PLICANT'S AGENT MICHAEL B. SCHORAH & ASSOCIATES. INC. DATE OF HEARING BEFORE CITY COMMISSION: AUGUST 5, 1997 TYPE OF RELIEF SOUGHT: APPROVAL OF A CATEGORY 4 EXCAVATION & FILL PERMIT LOCATION OF PROPERTY: THE PARCEL ABUTS THE SOUTH & WEST SIDES OF SANDLEWOOD DRIVE ON THE WEST SIDE OF CONGRESS AVE. DRAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Comnfission of the City of Boymon Beach, Florida ~n 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. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: Ciff Clerk Project name: Melear P.U.D. Type of Development Order: EXHIBIT" A" Conditions of Approval Excavation and Fill Permit DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 1. No work is to proceed until issuance of the permit from the City of Boynton Beach for excavation and fill. [chapter 8, LDR] 2. No work is to proceed until issuance of the permit from the City of Boynton Beach for clearing and gmbbing. [Chapter 7.5, Article I, Section 5] 3. Prior to issuance of the permit for excavation and f'dl, a surety must be provided to the City of Boynton Beach. [Chapter 7 and Chapter 8, LDR] 4. By receipt of this permit, the permittee acknowledges that this permit does not obviate the need to obtain other required federal, state and local authorizations prior to the start ofauy activity approved by this permit. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS /bme ck A:\cond. of aPproval.doc ADDITIONAL CONDITIONS FROM COMMISSION MEETING 2. 3. 4. A:\cond. of approval.doc EXHIBIT TUCKS ALA BARKIS AVE MOTOROLA DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Healing for the Nations Church APPLICANT: Healing for the Nations Church APPLICANT'S AGENT: Vincent DeLalla AGENT'S ADDRESS: 1120 Hilisboro Mile #101, Hillsboro Beach, FL 33062 DATE OF HEARING BEFORE CITY COMMISSION: August 5, 1997 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: West side of Seacrest Boulevard, approximately 335 feet north of Mission Hill Road. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 hawng 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 v/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 "B" 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~ // City Clerl~ J\Pranning\SHARED\WP~PROJECTS~Healing for Nations\SPTE\DEVELOPMENT ORDER.doc ~XHIEIT "D" Conditions of Approval .Project name: Healing for the Nations Church File number: SPTE 97-003 Reference Letter ofreques~ with a June 9 1997 Planning and Zoning D~ :late DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: , 1. The applicant never paid the required capacity reservation fee, which was due : within thirty (30) days of site plan approval. Based upon a single one inch water meter the reservation fee per year is $790.02. We recommend that the applicant pay for the year which is past due, plus the next year in advance (Total - $1,580.04) before the City Commission considers granting a one-year extension. The applicant has the option of paying the water and sewer impact fees, in full at this time, and not be required to pay the reservation fee (Sec. 26-34[E]). FIRE Comments: None POLICE r Comments: None ENG ERING DMSION Comments: None BUILDING DIVISION Comments: None PA:RKS AND RECREATION Comments: None FORESTER/ENViRONMENTALIST ~ Comments: None !PLANNING AND ZONING _,Comments:~ None ~2. It is recommended that if the outstanding and advanced capacity reservation fees /' required by the Utilities Department are not paid within 30 days of Commission ., approval, that any site plan time extension become immediately null and void. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. NONE Page 2 Healing for the Nations Church ,~File Number SPTE 97-003 I DEPAR~TS I INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITION~ 4. To be determined. s:~pmjects',COnd ofapp~ DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pollo Tropical at Shoppes of Boynton APPLICANT: Draper and Kramer of Florida. Inc. APPLICANT'S AGENT: David S. Drobner, Esq. AGENT'S ADDRESS: 2699 South Bayshore Dr. Seventh Floor, Miami, FL 33133-5406 DATE OF HEARING BEFORE CITY COMMISSION: August 5, 1997 TYPE OF RELIEF SOUGHT: Utility easement abandonment LOCATION OF PROPERTY: Northeast corner of Congress Avenue and Quantum Boulevard DRAWING(S): SEE EXHIBIT"A" ATTACHED HERETO. 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 bythe applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ¢" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included'. 4. 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. 7. Other DATED: ~-¢~= ~,. ' ~' City Cler~- J'~la n nin g \S HARE D\WP~P ROJECTS'Vm o11o TropicaEABANtDEVELOPMENT ORDER.doc 19 EXHIBIT "E" Conditions of Approval Project name: Shoppes of Boynton - Pollo Tropical File number: ABAN 96-005 Reference: Utility Easement Abandonment and Re-aliqnment at Shoppes of Boynton, DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: NO OBJECTION UTILITIES Comments: NO OBJECTION PLANNING AND ZONING Comments: NO OBJECTION ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. JL/dar S:\PLANNING\SHARED\WP\PROJECTS\POLL-TRO~ABAN\CON DAPPR.WPD DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Beach Realty Investors, Inc. at the Boynton Commerce Center PID APPLICANT: Boynton Commerce Center Limited Partnership APPLICANT'S AGENT: Richard Ahrens AGENT'S ADDRESS: 3750 Investment Lane, Suite 2, W.P.B., FL 33404-1765 DATE OF HEARING BEFORE CITY COMMISSION: August 5, 1997 TYPE OF RELIEF SOUGHT: New site plan approval LOCATION OF PROPERTY: South terminus of Corporate Ddve. DRAWING(S): SEE EXHIBIT"A" ATTACHED HERETO. 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 the requirements of the City's Land Development RegulatiOns. The Applicant v/ HAS HAS NOT established by substantial competent evidence a bas~s for the re bf requested. The conditions for development requested by the Applicant, admihis suggested bY the public and supported by substantial competent ~vi forth on Exhibit "B" with notation "Included": The Applicant's application for relief is hereby , / GRANTED subject to the conditions referenced in paragl DENIED with :rative staffI or Jence are as set aph 3 hereof. This Order shall take effect immediately upon issuance by the City Cierk. Ail further development on the property shall be made in accordanCeiwith the terms and conditions of this order. Other DATED:.~ ~-~'~~ City Clerk'"- J\PIanning\SHARED\WP\PROJECTS~PaEn Beach Realty~NWSP~DEVELOPMENT ORDER.doc EXHIBIT "C" Conditions of Approval Project name: Palm Beach Realty Investors, Inc. File number: NWSP 97-010 Reference: The plans consists of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-010 with a lune 117 1997 Planning, and Zonin~ Department date stamp markln~ DEPAR'DvlENTS [ iNCLUDE I REJECT PUBLIC WORKS Comments: None UTII,ITIES Comments: 1. A Palm Beach Health Department permit may be required for the proposed water main and fire line (Sec 26-12) 2. Relocate the proposed water main and easement in the northeast area of the project to provide clear access for operation and maintenance, (Sec. 26-33(a)). 3. Plan shall specify meter size, (Sec. 26-16©). 4. A capacity reservation fee will be due for this project upon request for the Utilities Department signature on the Health Department application forms or within 30 days of site plan approval. This fee will be determined based upon final meter size, (Sec. 26-34[E]). 5. Provide the Utility Department with a copy of the DERM permit approving the proposed site plan. Proposed construction within a protected well zone requires permitting by DERM. 6. The Utilities Department will require the use of Geo Web, or approved equal, for the stabilized sub-grade access to the raw water well # 18. FIRE Comments: 7. Maintain 15 feet of clear space at the NE corner of the property with either sod or tuff block on compacted sub-base. 8. Provide an improved accessway to the city lift station existing on the site. POLICE Comments: None ENGINEERING DMSION Page 2 Palm Beach Realty Investors, Inc. NWSP 97-010 DEPARTMENTS I iNCLUDE [ REJECT Commems: 9. Provide an additional parking space (plan shows only 71 parking stalls, not 72 as required). 10. Provide a written, sealed certification that drainage will conform with all rules, regulations, codes, etc., including but not limited to, Chapter 6, Article IV, Section 5, of the Land Development Regulations. 11. The maximum runoff flow distance over impervious surfaces, before being diverted to percolation areas, is 50 feet. 12. Remove the stop bar/sign for northbound traffic and install two stop bars/signs as follows: one for eastbound traffic exiting the northwest parking lot and the other for westbound traffic at the east side of the pedestrian crosswalk. BUILDING DMSION Comments: 13. Since the applicant did not submit for sign program approval which is required for site plan approval, submission of a subsequent major site plan modification is required for the project signage, prior to permitting [Chapter 21 - Sign Code, Article IV, Section 7.] 14. Permit plans for the proposed project shall comply with the applicable Building, Energy and Handicapped Codes [Chapter 20 - Building, Housing and Construction Regulations]. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 15. It is recommended that the applicant coordinate the removal of exotic vegetation in the PID and replacement with native plantings with the property management company. The western property area (greenbelt) adjacent to the canal must be maintained in accordance with this statement. lo Page 3 Palm Beach Realty Investors, Inc. NWSP 97-010 PLANNING AND ZONTNG Comments: I6. To properly determine whether the location of the building is in compliance with the setback regulations, show and dimension on the site plan the width and length of all permanent structures that extend out from the walls of the building such as; overhangs, cornice members, canopies, awnings, roofed projection aboye swing and/or overhead doors, etc. Add to the site plan drawing the setback dimensions from the property line to the leading edge of all sides of the building. The leading edge includes all permanent stmctares such as; overhangs, canopies, awnings, roofed p?ojection above swing and/or overhead doors. Setback dimensions shall comply with the PID setback regulations. [Land Development Regulations, Chapter 2 - Zoning, Section 7 H 13 17. To determine whether the parking lot (impeuv[ous area) and landscape areas (pervious area) are in compliance with code regulations, show on the site plan horizontal control dimensions that.identify the Width of all access drive aisles and landscape areas. [Land De?aloPmant Regulations, Chapter 23 - ,,Par ~k. ing ,L~s, A .rtl.. '~cie _II, Section B. E. H. 1[. and L, Chapter 7.5, ~L,.ticle 1i, aecuon >. ~j. and E, Chapter 2 - Zoning, Section 7. H. 13. And 17 and city standard drawing Bg0013] 18. Add to the landscape plan the previously approved landscaping required for the 40 foot wide greenbelt bthSfei~, locrated along the west property of the site. 19. Place matching distinguishable symbols on the landscape plan and plant list that clearly identify the landscape material ti~at is required for the south and east greenbelt, west greenbelt, perimeter landscaping that is required to buffer the vehicle use area from abutting properties and the required accent landscaping for the dumpster. 20. Add to the landscape plan hedges around the south, east and north sides of well #18. [Land Development Regulations, Chapter 9 - Community Design plan, Section 10. C. 4.] 21. Use a distinguishable symbol to delineate on the landscape plan the perimeter of the areas where the St. Augustine sod and Bahia sod will be located. 22. Provide calculation for the required landscape material. To verify that the proper number of native plants are being provided to meet the 50 percent minimum requirement, identify which plants are native. [Comprehensive Plan, Ordinance #89-38, Policy 4.4.6.] ti Page 4 Palm Beach Realty Investors, Inc. NWSP 97-010 23. The proposed sign program wilt be required to be reviewed by the Planning and Development Board and the City Commission, prior t~ sign permits being issued for the proposed tenants. [Chapter 9 - Community Design Plan, Section 10. I. and Chapter 2t - Sign Code, Article IV, Section 7. of the Land Development Regulations]. The sign program shall depict the V// proposed site and wall signage, including specifying proposed dimensions, locations and colors. The si~enage shall be ,shown in compliance with the regulations specified in the sign code and commmlity design plan Sinc~ ~ts~e ,s .~ocate? ~ .a. ?.ID that has existing buildings, it is recommended x me s~te ancl omlcting signage for the proposed building match the existing signage. 24. Add to the set of permit drawings a roof plan drawing showing the location of the roof-mounted equipment on all prOPosed and existing buildings. Identify the elevation of the top of eadh, piece of equipment and the elevation of the top of the perimeter of each building. All roof mounted equipment shall be screened ~.om pfihic view to a distance of 600 feet in all d~re~tions. Add to the elevation view drawings of each building a labeled '~// symbol that shows the location ,of ~all of the roof mounted eqt~pment, inbinding identifying the elevation of i~e top of the perimeter 'of the btiilding and the top of aIt equipment. Where applicable, amend the drawings to show ~complianee with:.the reqtfired screening. Indicatb' on the plans the type of screening m~te~ial ~tnd specify Me color. It is recommended that the color; tex~,,~ and £m~ ~ -~ ~ - - match the color of the walIs of fire bhilding [Chant~ 9 ~ Desxgn Plan, Secttun 11. E. ogthe Lar~d Development Regulations] 25. To avoid a conflict with the location of landscape material and site appurtenances, show and identify on the landscape plan the location of site lighting fixtures, drainage s~CtUres:and fire hydrants. Amend the plan accordingly. 26. Where applicable, show on the landscape plan the location, quantity, size and specie of plant material required to form the vegetative buffer around the ground motmted equipment. [Chapter 9 - Community Design Plan, Section 10. C. 4. of the Land Development Regulations] 27. Indicate the ratio of open space on the site in conformance with Land Development Regulations, Section 7.H. 13. of Chapter 2 - Zoning. 28. Indicate the proposed uses of the facility. No building permit or certificate of occupancy will be issued if the proposed uses are not listed on the approved list of uses for the Boynton Commerce Center PID. Use approval requires a separate submittal and appropriate fee submitted to the Planning and Zoning Division. 29. The south greenbelt shall be planted to contain no less than the quantity and size of material recently planted within the east greenbelt. Page 5 Palm Beach Realty Investors, Inc. NWSP 97-010 30. Recommendations approved by the board and commission become required conditions of approval. 31. The contents of the plans are subject to compliance with all applicable city code of ordinances and previous conditions of approval. It is the applicant's responsibility to show compliance on V/ the set of permit drawings. 32. In order to improve vehicular circulation and traffic safety on the site, it is recommended that an access easement to an internal PID access road, between parcel 3F and parcel 3G, be secured at the east comer of the property. This easement shall be used to provide an addltioi~al, paved access point to the property. 33. Due to the high visibility from Golf Road of the proposed overhead doors located on the eastern and western elevations of the building, provide appropriate screening of these areas in accordance with the Land Development Regulations Chapter 9, Section 10.C.1. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 34. Reword comment no 32 as follows: Provide an access easement from the proposed driveway to the property I/ne at the northeast property comer, consistent with the approved master plan. The [// easement shall be recorded prior to issuance of a certificate of occupancy for the first tenant of the building. Provide a two-way, paved access (driveway) up to the northeast property 1/ne. 35. Delete comment no. 33. ADDITIONAL CITY COMMISSION CONDITIONS 35. To be determined. /bme s:~,projects\cond of aDDr~ CONSENT AGENDA D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comadssion Meeting Dates [] May 6, 1997 [] May 20. 1997 [] lune 3. 1997 [] lnne 17. 1997 Date Final Form Must be Turned in to City Manager's Office April 25, 1997 raooa~ [] July 1.1997 May 9, 1997 (noon) [] July 15. 1997 May 23, 1997 (noon) [] August 5, 1997 June 6. 19971noon} [] August 19. 1997 Requested City Commission Date Fi _n~.l Form Must'be Turned Meeting Dates /n to City Manager's Office June 20, 1997 (noon) July 3, 1997 (Thursday noom July 25. 1997 (noon) August 8,1997 RECOMMENDATION:Approve Payment EXPLANATION: List of Bills Over $10.000.00 PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Departraent Name S:kBULLET1NkF OPdMS AGENDA ITEM REQUEST FORtM.DOC CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVALOFBILLS AUGUST5,1997 FLORIDA PLANNING GROUP ............................................................ $12,000.00 Five Year Consolidated Plan and One Year Action Plan Draft PAY From Corn m Imp/CRA Fund - 621-136-5-499-00 PBC Solid Waste Authority ........................................................... $ 55,696.32 Landfill Use/Sweeper/Ticket 6/97 Pay From Various Funds CH2M HILL .............................................................. Gan Eng, Exp Project. Rate Study/Testing Pay From Various Funds ............................ $ 51,753.22 JOHN C CASSIDY INC ........................................................................ $ 73,154.47 PO #9245. Pymt #13, #14, City Hall HVAC Modifications Original Contract ................................................................................ $ 861,703.00 Change Orders ....................................................................................... 13,760.05 Adjusted Contract ................................................................................ 875,463.05 Payments. To Date ................................................................................ 670,676.53 Current Payment ..................................................................................... 73,154.47 Contract Balance ................................................................................ $131,632.05 Pay From Cap Imp Fund- 302-194-5-634-12 WEISS & WOOLRICH SO. ENTERPRISES ........................................ $ 23,057.51 PO #13475. Pymt #2 Oceanfront Park Reroof Project Original Contract .................................................................................. $ 67,500.00 Change Orders .......................................................................................... 2,557.42 Adjusted Contract .................................................................................... 70,057.42 Payments [o Date .................................................................................... 46,999.91 Current Payment .................................................................................... 23,057.51 Contract Balance ........................................................................................... $ 0.00 Pay From Rec & Mun Beach Improv Fund-303-721-5-629-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DEVELOPMENT ORDER CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shoppes of Woolbdght PCD APPLICANT: Vito Pellerito APPLICANT'S AGENT: Rober~ N. Hochberg AGENT'S ADDRESS: 150 S. Andrews Ave., Suite 200, Pompano Beach, FL 33069 DATE OF HEARING BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Use Approval - vendor carts LOCATION OF PROPERTY: North side of the intersection of Woolbdght Road and S.W. 8~ Street DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATrER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ¢" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" 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 DATED: City Clerk ~ = J~Planning \S HARED\WP~P ROJECTS\ShpswooEPe{Iento\USAP\DEVELOPMENT ORDER.doc EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright (vendor cart) File number: USAP 97-002 Reference: Letter of request for use approval dated June 30, 1997. DEPARTMENTS t INCLUDE I REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: 1'. The Fire Department recommends denial of this request as congestion and /~ pedestrian traffic are already a constant hazard in front of the Home Depot property where the vendor cart is proposed. 2. If.this cart is approved, it shall be distanced a minimum of 15 feet from any ~/ building opening (NFPA 58) due to the LP gas tank.. 3. It is recommended that the cart be positioned in the parking lot. t~ POLICE Comments: 4. Home Depot is currently a generator of complaints to the Police Department regarding illegally parked vehicles in the front of their store. Vehicles are being parked in the posted "FllLE LANE" AND "LOADING ZONES". The front of the store is properly posted and adequately striped to prohibit parking, but violations are constant. Home Depot currently displays and stores large bundles of fertilizer and mulch in the area proposed for the vendor. Loading of these items, and any other similar items, would be hampered by the vendor and the access to the customer's vehicle. Home Depot also stores their shopping carts and dollies in this area for customers t6 access prior to entering their store. The Police Department feels that the cart would encourage "drive-up" type business and further violate the fi~ce/loading zones with customers pulling up to the cart and buying from the / vendor. There would be no way to control this problem. With the Shoppes of Woolbright being half completed, the Police Department feels the problems will intensify and multiply once the project is completed and the vendor would not compliment the shopping center, but only add congestion and complications. Therefore, denial is recommended. Page 2 Shoppes of Woolbright- vendor cart File No. USAP 97-002 ENGINEERING DiWISION Comments: 5. The city has never allowed any occupational licenses for portable food vendors, therefore it is recommended for denial. However, if the request is approved it should be subject to approval by the master association. BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 6. Vendor carts shall not block traffic aisles, parking spaces, fire lanes, loading zones and building, parking lot and road entrances, rights-of-ways or swales. 7. Vendor cart operators shall not park their vehicles in grassed areas, swales, or rights-of-ways. A paved parking space shall be provided for the operator's vehicle. 8. Vendor carts shall be located against the front or side of a building and shall provide six feet of clearance from the front of the cart to the edge of a sidewalk having a change in grade or a traffic aisle. 9. Food must be prepared and handled in accordance with Health Department requirements. 10. Refuse containment must be provided. 11. Restrooms must be provided or leased within an adjacent building. 12. Vendor cart must be located on a parcel having a building with parking. No additional parking shall be required for the cart if the building has code required parking. // Page 3 Shoppes of Woolbright - vendor cart File No. USAP 97-002 13. Vendor carts shall be kept clean and no more than 25 percent of its surlSme area shall be used for signage or decorations. Signage must be attached to the cart. 14. Vendor cart color shall be compatible with the adjaccmt building color. 15. Vendor carts are limited to six feet in length, four feet in width, and eight feet in height, including umbrellas. 16. Appurtenances attached to the cart shall be limited to an umbrella, without signage, used for shade. 17. Umbrella colors shall match the color of the closest building. 18. Attire worn by vendor cart operators shall not attract more attention than the cart itself. Attire worn shall cover a minimum of 50 percent of the operator's body area and shall not be made of a see-through material ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 19. Delete comment number 1. 20. Delete comment number 3. 21. Delete comment number 4. 22. The legal department shall make a determination as to whether the association approval, referenced in comment 5, is required. 23. Reword comment no. 6 to read: Vendor carts shall not be located within traffic aisles, parking spaces, fire lanes, loading zones and building, parking lot and road entrances, rights-of-ways or swales. 24' Reword comment no 14 to read: Vendor cart color shall be stainless steel. 25. Reword comment no. 16 to read: Appurtenances attached to the cart shall be limited to an umbrella, without signage, used for shade. However, the name of the product sold, may be stated on the umbrella. 26. There shall be a limit of one vendor cart in the entire Shoppes of Woolbright ADDITIONAL CITY COMMISSION CONDITIONS 27 To be determined. ,d~,4/~-~ J:\S H RDATA\Plan nih g \S HARED\WP'tp RO J ECTS\S H PSWO O L~Pelle r[ro~COnd, of approval.doc\