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Minutes 06-18-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 18, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Commissioner J~mie Titcomb, Commissioner Carrie Parker, City Manager Donald J. Doody, Asst. City Attorney Sue Kruse, City Clerk OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Reverend R. M. Lee, St. John Baptist Church Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman M~tyor Taylor called the meeting to order at 6:34 p.m. Following an invocation offered by Reverend Lee, Commissioner Tillman led the Pledge of Allegiance to the Flag, Mayor Ti ,Ior announced that Commissioner Bradley is on vacation and would not be present for th meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Vi2e Mayor Jaskiewicz requested moving up Item IX-D to Item IX-A, and moving the remaining items under New Business down to follow that discussion. However, City M ~nager Parker advised that she told Mr. MacQuaker this item would not be addressed ur til approximately 8:30 p.m. or 9:00 p.m. Therefore, at this time, the item was left as Item IX-D. Commissioner Titcomb requested the addition of Item IX-A.5, "Goal Setting Workshop". Ci It of Ci L~ Vi Iy Manager Parker advised that Item X-D.1 on the agenda contained incorrect wording. ~hould be changed to read, "Proposed Adoption of Resolution providing for the issuance not to exceed $30 million aggregate principal amount of Utility System Revenue Bonds". [y Manager Parker added Item X-D.2, "Vincent Finizio vs. the City of Boynton Beach wsuit". 2. Adoption Mayor Jaskiewicz moved to approve the agenda as amended. Commissioner Tillman conded the motion which carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 II. ADMINISTRATIVE: A. Appointments to be made: MOtion ViCe Mayor Jaskiewicz moved to remove the tabled appointments from the table· COmmissioner Tillman seconded the motion which carried unanimously. AEPOINTMENT TQ BE MADE II Bradley** III Jaskiewicz** IV Tillman** Mayor Taylor** I Titcomb** Ill Jaskiewicz* IV Tillman* BOARD Adv Bd on Children & Youth Stu/AIt Community Relations Bd Reg Community Relations Bd Alt Recreation & Parks Board Alt Code Enforcement Board Reg Nuisance Abatement Board Alt Community Relations Board Reg LENGTH OF TERM EXPIRATION DATE 1 yr term to 4/97 TABLED 3 yr term to 4/99 TABLED 1 yr term to 4/97 TABLED 1 yr term to 4/97 TABLED Term expires 9/98 TABLED 1 yr term to 4/97 Term expires4/98 Mayor Taylor appointed Bali Ramnarace as an alternate member of the Recreation and Parks Board without objection. MOtion C~mmissioner Tillman moved to table all remaining appointments and accept the al~pointment made by Mayor Taylor. Vice Mayor Jaskiewicz seconded the motion which ca!ried unanimously. III.i CONSENT AGENDA , A. Minutes City Commission/Senior Advisory Board/Palm Tran Workshop Meeting Minutes of May 30, 1996 Tl~ese minutes were accepted as presented. = 2. Regular City Commission Meeting Minutes of June 4, 1996 Thiese minutes were accepted as presented. i B· Bids - Recommend Approval 1995-96 Adopted Budget - All expenditures are approved in the 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Award bid to various vendors on a lot-by-lot basis for Brass Fittings and Accessories for the Utilities Department The Tabulation Committee recommends awarding the bid to various vendors by the overall Io!-by-lot totals. The Brass Fittings have been awarded to the most responsible, responsive vendors that have met all required specifications. Utilities Memorandum #96- 195 provides additional information. Award bid to Budget Fence Company for Handrails at Oceanfront Park in the amount of $7,425 The Tabulation Committee recommends awarding the bid to Budget Fence Company of W~st Palm Beach, Florida, in the total amount of $7,425. Their proposal was the lowest, most responsive, responsible bid meeting all required specifications. C. Resolutions Proposed Resolution No. R96-78 Re: Water Service Agreement for Darrieux Robinson located in the unincorporated portion on Old Military Trail Proposed Resolution No. R96-79 Re: Authorize execution of a Special Warranty Deed from the City of Boynton Beach to Terri L. Washington - 700 No. Seacrest Blvd. Proposed Resolution No. R96-80 Re: Authorize execution of lease agreement between the City of Boynton Beach and Wackenhut Security for two radio receivers in the City's Communications shelter Proposed Resolution No. R96-81 Re: Authorize execution of lease agreement between the City of Boynton Beach and Sprint Spectrum L.P., for installation of a monopole at the Public Works Compound (222 NE 9th Avenue) Proposed Resolution No. R96-82 Re: Authorize execution of lease agreement between the City of Boynton Beach and Sprint Spectrum L.P., for installation of a monopole at Lift Station #319 (southeast corner of Lawrence Road and Knollwood Road) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Proposed Resolution No. R96-83 Re: Authorize execution of a lease agreement between the City of Boynton Beach and Sprint Spectrum L.P., for installation of a monopole at the Water Storage Tank (3600 Miner Road) Proposed Resolution No. R96-84 Re: Authorize execution of lease agreement between the City of Boynton Beach and PCS PrimeCo, L.P., for installation of a monopole at Bicentennial Park D. Approval of Bills A Copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Payment of Bills - May, 1996 A ~opy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office." F. Authorize records destruction for the City Clerk's Office outlined in Sue Kruse's Memorandum 96-70 dated June 6, 1996, to City Manager :rker, the State has approved Records Destruction Request No. 310. G. Approve Change Order No. 5 in the amount of $12,430.00 and Change Order No. 6 in the amount of $2,406.00 for Montgomery Environmental F~cilities Management Memorandum No. 96-68 dated June 10, 1996, outlines the details of lhese two change orders for additional work in the West Wing and Fire Station #1. M~tion / C(~mmissioner Tillman moved to accept the Consent Agenda as presented. Commissioner Tit~2omb seconded the motion which carried unanimously. ivJ ANNOUNCEMENTS & PRESENTATIONS: / A. Announcements Tunes in Town (TNT) June 21, 1996 5 - 8 P.M. - Oceanfront Park 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 MaYor Taylor made this announcement, and advised that the Wolf River Country Band will be playing on June 21,1996. Eight of these events are scheduled throughout the summer. He urged everyone to participate. General Public review of Ocean Avenue Bridge Plans - Tuesday, August 6, 1996 - 3:00-6:00 p.m. (PLEASE NOTE CHANGE IN DATE) Mayor Taylor announced that these plans will be on review prior to the City Commission meeting. The public can review the plans and then offer input at the meeting. Tunes in Town (TNT) July 4, 1996, 6:00-9:00 p.m. Boat Club Park and July 4th Big Blast Fireworks 9:00 p.m. Mayor Taylor urged the residents to enjoy the Tunes in Town program at Boat Club Park onI July 4, 1996, and the July 4th Big Blast Fireworks which will follow that program. Olympic Torch Run - July 5, 1996 Ciiy Manager Parker advised that the Chamber of Commerce, Bethesda Hospital, M~torola, and the Mall are participating with the City to host an event for the public from 6:00 p.m. until 9:00 p.m. at Boat Club Park. The torch is anticipated to come through BCynton Beach some time between 7:00 p.m. and 10:00 p.m. She asked the residents to brlng their families and refreshments to enjoy the music which will be provided while waiting for the arrival of the torch. The torch will be carried along Federal Highway. 5. Goal Setting Workshop Mayor Taylor announced that a Goal Setting Workshop has been arranged for this Friday, Juine 21, 1996, at Aberdeen. This workshop will include the City Commission and the City DePartment heads. This workshop will serve as a review of what has been done over the past year, and to set ge als for the future. Many of the ideas that were brought forward as a result of the Visions 2(/20 Conference will be tied into this workshop. B. Presentations 1. Martin Luther King Boulevard Corridor Advisory Panel: An Urban Redevelopment Challenge - presentation by Wilfred Hawkins, Assistant to the City Manager, Arthur Fleming, Executive Director, Community Financing 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Consortium and Anita Jenkins, Executive Director, Local Initiatives Support Corp. Mr. Hawkins made the presentation. He advised that one of the expected presenters has been delayed in Orlando, and the other one had another presentation at a different Io~ation. Martin Luther King, Jr. Boulevard is a corridor in need of revitalization and redevelopment. Tile City has spent money working on the street clean-up, but wants to bring a long-term improvement and long-term effect to address the various problems in the area including crime, and lack of strong businesses. The City is already working on the residential redevelopment of the area. The areas involved extend from Northeast 9th Avenue to NOrtheast 11th Avenue. Atipresent, there is a mixed use situation along Martin Luther King, Jr. Boulevard. There is bommercial mixed with residential, and much of that property on Martin Luther King, Jr. BCulevard is vacant. This vacancy provides an opportunity for redevelopment and revitalization projects. The Community Financing Consortium, Inc. (CFC), which is made up of 13 local large b~nks including Barnett, First Union, NationsBank, and others, along with the Local Iniiiatives Support Corporation (LlSC), have agreed to work with the City to produce a long- range comprehensive plan for redevelopment of this corridor. The strength that the CFC brilngs to this partnership is the expertise in the financing area. They will be able to provide to ius opportunities to talk about various financing mechanisms that can help the project. LlSC will also bring in development people who can offer expert advice on development in !his type of area. LISC and CFC will work with the City to bring experts in the areas of development, financing and retail business people together in a forum to allow them to offer their ideas on how to develop a comprehensive plan for redeveloping Martin Luther King, Jr. Bdulevard. Art Fleming, Executive Director of CFC, and Anita Jenkins, Executive Director of ithe LlSC, and Mr. Hawkins make up the planning committee for this forum. The forum will be titled, "Martin Luther King, Jr. Boulevard Corridor Advisory Panel: An Urn)an Redevelopment Challenge". The committee will send out invitations to a long list of iindividuals. It ds proposed that the forum will be held on September 5 and 6, 1996, at the Holiday Inn-Express on Boynton Beach Boulevard. There will be a reception to begin the forum on the first evening with the City Commission, City staff and interested cornmumty participants to meet with the panel on an informal basis and give them an opportunity to receive input. The panel discussions will begin the following day. It will be an all-day activity and the panel participants will have specific outlined areas of discussion. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Prior to attending the forum, the registrants will receive a briefing book which is put together by City staff, and provides information about current land use, zoning criteria, development criteria, permitting, economic development opportunities in the area, population studies, and the economic viability of the area. The participants will have a background on the area. The tours on Thursday and Friday will allow the participants to put the background information into perspective. The participants will be prepared for the discussions and they will keep their briefing books. The briefing book will also allow the p~rticipants to see who is attending the forum. LISC and the CFC have agreed to fund the majority of this forum. A proposed budget was provided for the Commission. The total budget amounts to $8,000. LlSC and CFC agreed to absorb all costs with the exception of $3,000. They have requested that the City contribute the $3,000. The City will also be asked to provide transportation for the tours, necessary staff for the development of the background materials required, and the availability of City staff on both days of the forum. "Martin Luther King, Jr. Boulevard Corridor Advisory Panel: An Urban Redevelopment Challenge" is an excellent opportunity for the City to do positive marketing and obtain expert advice on developing a comprehensive plan for the redevelopment of the Martin Luther King, Jr. Boulevard target area. Staff recommends the Commission endorse, co- sponsor, fund the $3,000 as requested, and participate in the forum as invited. Staff re61uests that the Commission take action in the form of a formal vote. Mr. Hawkins offered to answer any additional questions the Commission had. Vibe Mayor Jaskiewicz requested that Mr. Hawkins use the map to identify the property in thi~ area owned by the City. Mr. Hawkins pointed out that the largest piece of property owned by the City is the vacant lot next to Bell's Kitchen. There are other parcels scattered throughout the area. Vice Mayor Jaskiewicz questioned whether or not any of the parcels would be large en~ough to accommodate a large supermarket. Mr. Hawkins advised that the panel will be in~iting businesses such as supermarket chains and drug store chains to participate. There are businesses that are interested in moving into redevelopment areas such as this. LISC has contact with many of the large chains. Mr]. Hawkins advised that this type of forum was done successfully in Fort Lauderdale for a ~0-acre tract along A1A in the early 1980s. Mayor Taylor pointed out that if we do not have one parcel of land large enough to accommodate a large supermarket, we have the ability to combine lots to make one large pigce of property. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Commissioner Titcomb asked to hear from staff to see whether or not the money is available for this project. In addition, only a small amount of money is budgeted for follow- up and, in his opinion, the follow-up is a criticat stage of this project. He questioned who will take ownership of the follow-up of this project. Mr. Hawkins said the forum will be recorded so that all of the ideas and components will b~ put into a final report. The report will be made available to the City, and it will be up to the City to act upon any ideas or suggestions. It is possible that the City might receive an offer for a deal as a result of this forum. The host committee will be preparing the final report. Ci!y Manager Parker advised that the follow-up costs shown in the budget will cover pc~stage and things associated with the reproduction of the final report. Those costs are nat for formal follow-up action. Once the action items are identified, the City Commission wiil decide on what action tO take. The General Contingency Fund has approximately $25,000 remaining at this time. The $3,000 could be taken from that Fund. Commissioner Tillman questioned whether or not Martin Luther King, Jr. Boulevard is part of the CRA. Mr. Hawkins responded affirmatively. Commissioner Tillman pointed out that the CRA is scheduled, as part of the City's long-term Comprehensive Plan, for reCevelopment. He further advised that prior to the Visions 20/20 Conference, he worked with the City Manager and Mr. Hawkins on this issue. He does not see a reason not to move forward on this project. This is a positive move and can serve as a model for redevelopment of part of this tract of land. Motion COmmissioner Tillman moved that we expend the $3,000 as requested from staff in terms of imoving this particular forum forward on September 5 and 6. Vice Mayor Jaskiewicz seconded the motion. Vi~e Mayor Jaskiewicz feels this is a cohesive plan and she is very encouraged by it. Mayor Taylor is pleased to see this item come forward at this time. He complimented the neighborhood group that was formed in this area, and he is hopeful this effort will move alqng quickly. This is an issue that was raised at the Visions 20/20 Conference. Mayor Ta~/Ior feels the City is doing the right thing in trying to find the right way to proceed. He exl~ressed his concern for the children who have to walk down the streets in this area e~ aryday, and for the amount of money it takes for the City to police this area. TI-e motion carried 4-0. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 2. Proclamation Commemorating 50th Wedding Anniversary - Joseph T & Charlotte Silver Mayor Taylor read a Proclamation commemorating the 50th Wedding Anniversary of JoSeph and Charlotte Silver. The request for this Proclamation was submitted by their children. Legislative Update by Representative Ron Klein Representative Klein served as the Chairman of the Palm Beach County Delegation during the past year. The Legislative Session has just ended, and he has been speaking to City COmmissions throughout the County. He is now attempting to begin the process of working toward the fall. Any specific items of concern should be addressed to him so that they can be reviewed them over the summer. Representative Klein advised that this is one of the first years in many years that there was i , copperat~on among Dade, Broward and Palm Beach County Legislative Delegations. In the past, these Delegations have not worked well together. This year, the Delegations met regularly and decided on three specific issues of concern. Those issues were hurricane insurance, gang violence and issues, and student funding formula for education. With regard to the hurricane insurance, the moratorium was extended and condominiums were included. There has been some discussion about the insurance companies filing lawsuits, but at this point, it is only talk. A pumber of measures were enacted to extend the height of criminal conduct if a gang palrticipates in the criminal activity which causes criminal conviction.. Approximately one year ago, a massive prison-building campaign was conducted. Presently, anyone who is copvicted of a crime is required to serve 85% of the time in State prison. This is the beginning of the process. The next step is to deal with keeping people out of prison. Thiere is a particular focus on juveniles. Many of the ways that juveniles will be dealt with wilt be through community-based activities such as keeping juveniles active and challenged in the community. St ef' trs to Jdent funding for schools was a very important issue this year. There was a concerted ort in the rural areas of the State to make a raid on some of the funds that were ditionally focussed on the DCD (Differential Cost Difference). All students are required get a certain level of education. There is a funding formula. However, in Palm Beach ,unty, where the cost of living is higher than it is in some of the pan handle areas, an ac iustment is made. It is important to make sure that adjustment stays in place. There w~.s an effort to undermine that, and Dade, Broward, and Palm Beach County joined for~es, made other adjustments in the formula, and brought in Hillsboro, Duvall and other large counties to go along to go along with them. The result is that Palm Beach County will 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 be the fifth highest State-wide in terms of per capita funding for students. Although people wbuld argue that school funding is still not adequate, that entire issue is in combination with how the school system is spending the dollars appropriated. It is hoped that Dr. Kowal will be given an opportunity to do some good things in the school system. Additional money was put in for schools in the amount of $155 per student. One hundred million dollars more was put in to reduce class sizes from Kindergarten to third grade. With regard to economic development, international trade is a big part of the State's e~onomic development. This is something Palm Beach County will be able to take advantage of. Small business is the backbone of Palm Beach County's economy. A number of programs are being organized in combination with the local Chambers of COmmerce, the local world trade centers and economic development boards to help small bdsiness find new markets for their products. There will be a public/private partnership wltich will help small businesses. Tllere is a list of appropriations for Palm Beach County that was distributed to the Commissioners. He requested that the Commissioners review it at their leisure. He pqinted out that money has been appropriated for historic preservation sites in the County, anld some of that appropriation went to Boynton Beach. Representative Klein reminded the Commission that the last time he appeared before them, there was discussion about the Lake Worth Inlet District. A bill was passed that abolished that District, and that process is underway. There are some problems with the dissolution of the District, but it is moving forward. Representative Klein asked that the Commissioners contact him with any specific ideas or suggestions that he can address in the fall Legislative Session. Mayor Taylor congratulated Representative Klein for leading the committee relative to the Inl~et District. He feels Representative Klein listened to the people and government re¢cted. Boynton Beach will realize the benefits of the dissolution of that District in the years to come. He thanked Representative Klein for his efforts. R( Vi, A( ex ~presentative Klein said the Delegation took the position that since the County came ward and said it could provide the services, we will now look to them to make sure they ;et their obligations. Mayor Jaskiewicz confirmed with Representative Klein that the Lottery Accountability is now in effect. She is anxious to receive the first report. Representative Klein 2lained that the complaints people have with the lottery are: What is the enhancement, how is it put into the schools, and is the money going to the school; and 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Where is the money going in the big picture of how the schools are funded? Representative Klein said the money is going for the schools and always has been. Thirty- eight cents of every dollar goes to schools. Of that money, 70% goes to Kindergarten through Grade 12, 15% goes to the community colleges, and 15% goes to the State system. The problem is that the money is put into a lottery enhancement trust fund and then sent down to the Palm Beach County schools. They then put the money into one big pot. They provide the Department of Education with a report of how the money was spent, but that information is buried in a tremendous amount of other information. There was never any good accountability of how the money is being spent. This new bill defines enhancements. In addition, every three months, the Palm Beach County school system will have to publish a one-page simple form which states how much was received and what was done with the lottery money. Vice Mayor Jaskiewicz questioned whether the money spent on the lottery in Palm Beach COunty remains in Palm Beach County. Representative Klein said that money is divided based on full-time equivalents. This is the number of students in Palm Beach County versus the remainder of the State. In looking to the future, Mayor Taylor explained that Boynton Beach Elementary School is a big part of the City's plans to redevelop the downtown corridor. We have received $215,000 in grant money, but the project will cost more than $1 million. In addition, Mayor TaYlor is certain that grant money will be available for revitalizing inner cities. We hope to be able to qualify for that money. He urged Representative Klein to be a friend to Boynton Beach by supporting us in our efforts. Representative Klein commended the City for its efforts relative to historic preservation, and realizes that this could be a core for the City. In addition, he plans to become involved in the fight to get a high school for Boynton Beach. He feels this is a need which is long overdue. Vice Mayor Jaskiewicz suggested that the City be awarded some of the cultural grant funds that are available. Mayor Taylor thanked Representative Klein for the update. BIDS: Award bid to Ultimate Pools, Inc. for Wilson Pool Resurfacing and Filter Equipment Replacement in the amount of $103,900.00 (Proposed Resolution No. R96-85) Attorney Doody read Proposed Resolution No. R96-85 by title only. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Motion Vice Mayor Jaskiewicz moved to approve Proposed Resolution No. R96-85 to award bid to Ultimate Pools, Inc. for Wilson Pool Resurfacing and Filter Equipment Replacement in the amount of $103,900. Commissioner Tillman seconded the motion. Commissioner Titcomb referred to a letter in the back-up material expressing a grievance relative to the bid process. He questioned whether this situation had been resolved to staff's satisfaction. City Manager Parker responded affirmatively. The motion carried 4-0. Vl~ PUBLIC HEARING: City Manager Parker advised that the applicants for Quantum Park PID/PUD Center and PLiblic Storage, Inc. have requested that their projects be continued. Project: Quantum Park/PID/PCD Center Applicant requested continuance to July 2, 1996 Agent: James G. Willard, Esquire Owner: Quantum Associates Location: 13.93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description: LAND USE ELEMENT AMENDMENT/REZONING: Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID Project: Public Storage, Inc./Planning Area 1.q Applicant requested continuance to July 16, 1996 Agent: Mike Carter Construction, Inc. Owner: Public Storage, Inc. Location: Planning Area 1.q. - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall Description: COMPREHENSIVE PLAN TEXT AMENDMENT: Request to amend the Comprehensive Plan, Section 1.q of the Future Land Use Element, Section VIII - Land Use Problems and Opportunities, as it applies to property at 3000 N. Federal Highway 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 MAYOR TAYLOR ANNOUNCED THAT HE WOULD ACCEPT COMMENTS ON THESE TWO APPLICATIONS EVEN THOUGH THE APPLICANTS HAVE REQUESTED THE CONTINUANCES. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON EITHER PROJECT. Motion C~mmissioner Titcomb moved to accept the applicants' requests for continuance. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. VI!. PUBLIC AUDIENCE: Anne Centi, Vice Chairperson of the Education Advisory Board, 502 SE 5th Circle, saiid it has taken her 50 years to learn three words--"l'll be there". She thanked everyone for' being there for the Visions 20/20 Conference, Dr. Kowal's presentation to the City, the playground, and the School Board rally. She particularly thanked Mayor Taylor for travelling 3,000 miles to be there, and Commissioner Titcomb for producing the great logo foi the tee shirts. She suggested that the logo, "Together We Make a School" be used for the cover page of the next edition of Funfare Magazine. M~yor Taylor said approximately 70 people rallied at the School Board meeting, and it was a good showing for Boynton Beach. He thanked Mrs. Centi for her suggestion for Funfare Magazine. Mark Roberts, 650 W. Boynton Beach Boulevard, appeared to notify the Commission that he and RHS Corporation submitted applications of appeals for the Clear Copy project to lhe Planning and Development Board and the Board of Zoning Appeals. He has also made . repeated requests for the City to respond to the applications. He said Carrie Parker, Ta~mbri Heyden, and the City Attorney's Office have all refused to respond to the ar Ti al: re al: Si ric~ th, nc Iai ~lications, and this is a violation of his and RHS' civil rights. Land Development Regulations afforded them the right to submit the applications for )eal. It is Dr. Roberts' belief that the Clear Copy project does not meet the City's ~lations. Regardless of what the City believes, it has the legal responsibility to have the )eals heard. ice the City refuses to hear the properly-filed appeals, it is intentionally violating their civil hts. Dr. Roberts is committed to having the City held accountable for its actions or lack ;reof. Litigation is an option that is costly for all parties involved. If after receiving this rice the City chooses not to hear the appeals, it is Dr. Roberts' intent to file a civil rights csuit against the City for violating their civil rights. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Di. Roberts submitted a copy of his letter to the clerk to be given to the City Cemm~ssloners, City Manager, and City Attorney. Dr. Roberts had additional copies for Ti~e Palm Beach Post and the Sun-Sentinel. Ciiy Manager Parker advised that, upon advice from the City Attorney, Dr. Roberts is to be directed to the City Attorney's Office. That is the reason why staff has not returned his phone calls. The City Attorney is handling this situation. At!orney Doody advised that prior to the next City Commission meeting, this matter will be addressed by the City Attorney's Office. The City Attorney's Office will then be able to assist the Commission in making a decision relative to what action is required. Mayor Taylor advised that it is a normal procedure for all litigation items to be handled through the City Attorney's Office. Viii. DEVELOPMENT PLANS: City Manager Parker advised that this item is ready to come off the table. MOtion ViCe Mayor Jaskiewicz moved to take the Citrus Park PUD project off the table. CCmmissioner Tillman seconded the motion which carried unanimously. Atithis time, Attorney Doody administered the oath to all who would be testifying on any of the development plans to follow. A. Project: Agent: Location: Description: Citrus Park PUD .................................................... TABLED James A. Hamilton III - CCL Consultants East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard MASTER PLAN MODIFICATION: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback on lot 32 from 8 feet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet, RiChard Wohlfarth of CCL Consultants and Chris Rea.qan, developer were present to represent the project. Mr. Wohlfarth advised that he was seeking consideration from the Cqmmission on three events. At the easel, Mr. Wohlfarth pointed out three already ex!sting units and one vacant lot in the PUD. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Mr. Wohlfarth explained that during construction, the pool was built one foot closer to the Ioi line than it was supposed to be built. If the lot closest to this area was not already closed, the builder would move the lot line over one foot, and that would eliminate the need for the request. Discussions were held with staff relative to handling this situation. Staff initially thought that instead of requesting a modification to the PUD to allow the reduction of the setback, an agreement could be entered into. This is a practice that has been followed in the past. However, the agreement cannot be located in the City Attorney's Office. Mr. Wohlfarth does not believe that staff objects to this recommendation; however, there is confusion on whether or not there should be a PUD modification or an agreement. Mt. Wohlfarth is willing to do whatever is necessary to correct this situation. The second request is more severe. A mistake was made. The Citrus Park PUD is a 55' wide lot project. There are 15' between each unit. It is a zero-lot line project. On Lot #22, when it was staked out, it was staked without the zero-lot line, or the building was shifted 8' to the south. The net effect is that there is not enough room on Lot #23 for a 55' lot or a 15' setback. There is a 51' lot remaining with an 11' setback. MC. Wohlfarth met with staff. His intention was to convince Mr. Hukill to agree with their re~luest. Mr. Hukill's position on denial of the request was based on the fact that it is a City Commission decision. He could not support the request because the PUD was clear about the 55' lot and 15' setback. Tllere is an existing building which is ready to be sold, and another which is totally completed to the roof. They would like to be able to finish the last unit which is in between the other two units. They had concern about fire safety issues, but those fears were all~yed at the TRC meeting when there were no objections to the request. The fire safety section understood that the reason for the request was due to a hardship which was created by the builder. While Mr. Wohlfarth realizes that this is an undesirable situation, hei would like to be able to proceed to develop the project. The builder has COs for approximately 35% of the houses in the community, and they ho~e to have 50% of the COs within 30 days. The anticipated completion of the project is February of next year. MC. Heyden feels this is a very difficult issue because staff continues to have problems with strlJctures being built in the wrong place. The builder then comes to the City Commission foi relief from a situation created by the builder. The unit on Lot #22 was constructed 8' too far south. The PUD separation is 15'. This error will cause a 7' building separation beiween Lots #22 and #23. The builder is proposing to remedy the situation by reducing th(~ width of Lots #22 and 23 from 55' to 51 ', and reducing the side building setback from 151 to 11 '. The last effect would be an increase in the frontage of Lot #21 of the 8' that was lost by Lots #22 and 23. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 The TRC recommendation reflects staff's frustration with these problems that keep reoccurring. The recommendation is for the builder to change Lot #23 to a 47' wide open space tract of land. This alternative was seen as a way to eliminate the need for reduction of lot width, the increase in area for Lot #21, and the reduction in the side building setback. There are minimum setbacks for PUDs that are negotiated at the time of PUD application. If there is tampering with those setbacks, it throws the entire picture out of balance. There is a second part of this request which deals with pool and screen enclosure for Lot #32. This is a minor request. The City has encountered similar problems at Baytree in the Meadows. The City has been trying to recover the agreement that was done for that lot. St~ff was able to locate the minutes from the February 4, 1992 meeting relative to this issue. If it is not practical to move the unit, staff wants this to be viewed as a solution that solves this particular case. Staff does not want this to be part of the master plan modification where it could be used for future changes. M~. Heyden advised that she met with Mr. Wohlfarth earlier today and suggested that a narrower, one-story house be built on Lot #23 to minimize the effects of this spreading out of!the 8' shortage. M6 Wohlfarth said there are only 113 units on this project. The standard house is 40' wide. It iS possible to change that, but it would look very different, and it would be very difficult to isell that unit. Mr. Wohlfarth feels it is impractical and the resale of the unit would also b~ difficult. A single-stow unit is a solution; however, there is a one-story unit which has nqt sold over the past six months. If this is the only way the builder can get an approval, M~. Wohtfarth would work with it. ViCe Mayor Jaskiewicz thought a one-story unit would consume more space than a two- story unit. Ms. Heyden advised that regardless of the number of stories, the house would bei 40' wide. Mr. Wohlfarth pointed out that with a one-story unit, the setbacks would be leos obvious. Vice Mayor Jaskiewicz questioned whether or not the building inspectors share any responsibility for this error. Ms. Heyden was of the opinion that inspections are not called for at the time the foundation and planning survey are done. When the City notices it, it is !oo late. Cqmm~ss~oner Tillman asked if the inspection of the foundation takes place after the foundation is poured. Ms. Heyden said she could not confirm that that happens in every cage. However, Commissioner Tillman realizes that is what happened in this case. The foLlndation was approved after it was poured. Ms. Heyden feels it happened because the su~eys were not submitted and the inspection was not done at the proper time. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 City Manager Parker added that the City's inspectors are not surveyors. The surveys come from the surveying company, but the contractors are not building to the survey. Our inspectors are using the survey, and that is when they are detecting the problem. Mr. Wohlfarth said staff did a good job· This is a unique situation where the building was pdt in a location which was 8' off. This does not happen often. Mi Ite to or th~ C¢mmissioner Tillman expressed concern with this situation· He pointed out that before aqything is, the correct measurements must be available. This is a common practice. Finding this out at this point is a very bad situation. Mayor Taylor feels that eliminating the one house in the middle is the best solution to this problem. Errors have been made by the surveyor and contractor. The deve oper should gd to those people for relief since they have to be responsible for their work. It is not the City's responsiblity to change the measurements to correct the errors made by the contractor and the surveyor. This is shoddy workmanship. If we make an exception in this ca~e, there will be others in the future. Vice Mayor Jaskiewicz feels another benefit of leaving the lot vacant is that the builder might be able to get more compensation from the houses on each side of it by increasing their lot sizes. M6 Wohlfarth explained that when there is a large separation, it is not difficult to make subh an error. Mr. Wohlfarth is the owner of the surveying firm. He does not feel the su~eyors did shoddy work. They made a mistake. He apologized to the owner and re¢izes that he is obligated to correct this situation. He pointed out, however, that there arC tremendous numbers of projects in the City that are on 50' lots in PUDs with 10' s6parations. A mistake was made. If the request he made would deteriorate the sL bdivision, he would offer a check to his client immediately. However, because there hE ve been other such instances, Mr. Wohlfarth felt he would attempt to get approval to re ~edy the situation in this way. He stated that if the Commission approves his request, hE guarantees that in one year, after driving through the project, no one will be able to de £ect where this error was made. M~. Wohlfarth reminded the Commissioners that he has never been before them seeking help for a problem. He knows this would be a one-time deal. He needs help and urged the Commission to support his request. · Wohlfarth agreed with Comments 1,2, 4, 5, 7, and 8. He requested consideration on rn 3 and Item 6, and on the issue of the pool. He asked that, in the event this item goes !he Planning and Development Board in two weeks, if the agreement cannot be rectified ratified or found, that this item be rectified through this process. If it can be done ough the agreement process, he is amenable to doing it. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 MOtion Commissioner Titcomb moved to approve the request of this item subject to staff comments and the limitation of a one-story home on Lot #23 as suggested by staff comments. Aisc, include that this is a one-time conditional request for this particular sitbation only. Vice Mayor Jaskiewicz seconded the motion. Commissioner Tillman disagrees with this request because he is concerned about how this wiil affect the value of the surrounding properties. In addition, he has concerns about the issues of hurricane standards and safety. He feels the resale value of the properties around Lot #23 will be affected. M~yor Taylor feels it is the developer's responsibility to correct this situation. There is still ti~e to correct this project. He will not support the request. Commissioner Titcomb realized that the Commission's decision would be split on this issue, and questioned whether or not to table the item to allow staff and the applicant to work on another proposal. M~. Wohlfarth stated that he was not sure there was much he would be able to work out with staff. With regard to the hurricane issue, one of the important parts of the project is th~_t this is a zero-lot line project. There are no windows on those lot lines. From a fire salety and hurricane safety standpoint, this is a plus. Thle motion failed 2-2. (Mayor Taylor and Commissioner Tillman dissented.) Ci wi pc di: :y Manager Parker advised that a second motion is required relative to what will be done :h the lot if it is left vacant. There were two lots involved. One lot was Lot #32 with a ol which is already in place at 8" off. Lots #22 and #23 deal with the first item that was ;cussed. M~tion Vi~e Mayor Jaskiewicz moved to approve Lot #32 with the pool as it is situated. Mr. Tillman seconded the motion which carried 4-0. M~. Wohlfarth questioned whether or not there would be anything he could do to correct thi~ situation other than creating a park or eliminating a house. M~yor Taylor said the errors that were made will be costly. He does not know a solution otl~er than building the project according to the site plan. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Mr. Wohlfarth suggested tabling the issue to allow him the opportunity to go throughout the community and return with a letter from the property owners stating that they do not have concerns about hurricanes or fire safety. COmmissioner Tillman feels the biggest issue is that mistakes were made and Mr. W~hlfarth must accept that and straighten out the situation immediately. Ciiy Manager Parker advised that the Building Official will be instructed not to issue the CO f r' o! The house since it does not meet with the previous approval. The applicant can either leave the adjacent lot vacant or move the existing house. Mi. Wohlfarth questioned whether the plan will go back to the Planning and Development Board for action. Ms. Heyden advised that the City Commission has the sole authority to determine whether this is a major or minor change. The City Commission has ruled that the error in the house is a major change; therefore, that action stops at this point. The remaining part of the request will move to the Planning and Development Board. Mi. Wohlfarth requested that the City Commission table this item to allow him to meet with the City Manager and City staff, and come back to the Commission when a full board is seated. Attorney Doody advised that the City Commission has acted on the application by denying the request with a 2/2 vote. The application is no longer pending; therefore, the opportunity to lrequest tabling the item no longer exists. He did point out, however, that the C0mm~ss~on could entertain add~bonal action if they so desired. Ciiy Manager Parker advised that the City Commission could make a motion, during this meeting, to reconsider this application at the next meeting. If that is not done tonight, a motion, to reconsider would have to be submitted by a member of the prevailing side (Miayor Taylor or Commissioner Tillman). At!orney Doody read from Resolution 95-50 which addresses motions to reconsider. MOtion gc C( C( tyor Taylor passed the gavel and moved to extend all fairness to the applicant to ;onsider this at the next full City Commission meeting. This will give an opportunity to back to staff and see if there is some other alternative that you can present to this mmission, and that will give you the opportunity to offer input to the entire Commission. mmissioner Titcomb seconded the motion which carried 4-0. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 B. PROJECT: Quantum Park PID Applicant requests continuance to July 2, 1996 AGENT: James J. Willard OWNER: Quantum Associates LOCATION: West side of the intersection of Gateway Boulevard and High Ridge Road DESCRIPTION: USE APPROVAL: Request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used car sales on industrially designated lots within the PID COnsensus There was a consensus of the Commission to continue this case to the July 2, 1996 meeting. C. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Cedar Ridge Townhomes - Cedar Ridge Estates PUD Paramont Engineering Group, Inc. Condor Investments Southeast corner of High Ridge Road and Cedar Ridge Road (Parcel C and Parcet D of the Cedar Ridge Estates PUD) SITE PLAN: Request for site plan approval to construct 110 single family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD Dennis Koehler~ Attornev~ Joseph Basile~ President of Cedar Ridge Development Corporation, and Craig Livingston, Landscape Architect, were present to represent this project. Attorney Koehler advised that the multi-family portion of the Cedar Ridge PUD was the fo~;us of the changes that took place 16 months ago. Originally, the plan was approved by the Commission in the early 1980s for 155 condo units. On February 7, 1995, the City Cqmmission accepted the proposal to reduce the number of units to 110 and dramatically change them from small condos to townhomes of 3,000 square feet. The Planning and Dg~velopment.. Board voted 6-1 to approve the site plan for the townhome project subject to ~condltlons. Md. Koehter advised that there are very few differences in the project the Commission re~,iewed in concept showing the layout of the 18 multi-family buildings. Mr. Hallahan re~luested that the nature preserve be relocated from the original location to the far so~Jthwest corner next to the similar preserve for the PID. C~n. dition #18 (Engineering) is the only outstanding comment at this time. it requires the minimum right-of-way width for local streets to be 50' (60' with swales). At platting, these 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 roads will become private. That will eliminate the public maintenance responsibilities. If the developer is required to comply with the right-of-way width requirements, he will encounter major problems. From the very beginning, the project design has been for 18 buildings, 110 units, 25' setbacks from those buildings to the road right-of-way, and 22' of pavement. The developer urged the Commission to approve the construction of the streets as prpposed 16 months ago. To strictly comply with the Code would result in a devastating irqpact. The units are of an exceptionally large size, and the sales price will range between $1i20,000 and $140,000. If the applicant is not granted relief, he will have to redesign the edtire project. Mr. Koehler explained that the Commission could approve the roadway right-of-way at 40' aS proposed in the design, or consider a reduction in the required building setbacks from 25' to 20'. He explained that the purpose of the PUD Ordinance is to promote and develop flexibility. The Commission can respect the Code in this case by being flexibe. This is a project that was pulled out of foreclosure. The applicant is now looking at one item which must be resolved. Ms. Heyden advised that staff has made a change in Exhibit "C" by adding the recommendations of the Planning and Development Board. The applicant confirmed that he agrees with the three comments made by the Planning and Development Board. Ci!y Manager Parker recommended that the City Commission either concur with the Planning and Development Board recommendations or deny them when a motion is made. Ms. Heyden advised that this project was an approved master plan in 1983. It was vested anid then went bankrupt. It was taken over by Mr. Basile. He came in with a master plan modification which showed the lesser width of the streets. The staff comments did not indicate the streets had to be widened. The applicant moved forward and prepared the site plans on that basis. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. ViCe Mayor Jaskiewicz confirmed with Ms. Heyden her agreement to delete Comments #24 and #27. M6tion Cqmmissioner Titcomb moved to approve the request for Cedar Ridge Townhomes, re(quest for site plan approval to construct 110 single-family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD, subject to all staff 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 comments except rejecting Comment #18 to allow for 40' right-of-way, including all other staff comments and including the Planning and Development Board conditions. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Knuth Road PCD Kieran Kilday, Kilday and Associates Bill Winchester, The Winchester Family Partnership, Ltd. Southwest corner of Boynton Beach Boulevard and Knuth Road intersection MAJOR SITE PLAN MODIFICATION: Request for PCD sign program approval Kieran Kilda¥, Kilda¥ and Associates, advised that this application is strictly for signage. The conditions, as amended by the Planning and Development Board, are acceptable to the apphcant. He reminded the Commissioners that the applicant made one modification at Ithe Planning and Development Board meeting which was agreed to by everyone. MS. Heyden had no comments to offer. Motion ViCe Mayor Jaskiewicz moved to approve the request for PCD sign program approval for the Knuth Road, Winchester Family Partnership, Ltd., southwest corner of Boynton Beach Boulevard and Knuth Road intersection, including all staff comments and Planning and D~ ~velopment Board conditions. Commissioner Tillman seconded the motion which carried ur animously. E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Casual Male - Big and Tall at Oakwood Square Joseph P. Braga J. Baker, Inc. Southeast corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to allow color changes for the exterior wall and canopy of the southern-most outbuilding at Oakwood Square Chuck Foltz, contractor for the project, adwsed that Mr Braga was unable to be present th~ evening. He advised that the ex~stmg budding ~s dark pink w~th a green awmng. The applicant proposes a yellow canopy with a gray building. These are the corporate colors of 3asual Male. Staff recommended retaining the green awning and repainting the building h a softer pink. Because this is a men's shop, the applicant would like to eliminate the ~k building. Mr. Foltz said the applicant is open to anything the Commission would like Re. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Vice Mayor Jaskiewicz preferred the gray building with the green awning. MS. Heyden explained that the there was a color scheme for the center which involved the main building and outparcels either matching or being one shade different from each other. The corporate identity would be established through embellishments such as the canopy. St~tff recommends that the main building colors be reestablished on the outparcel buildings and where the colors are complimentary, the corporate image be established on the ca~nopies. However, for Casual Male, this would mean that the color scheme would be pink arid yellow. That is the reason why staff recommended retaining the green canopy. Motion V~ce Mayor Jask~ew~cz moved to approve the request to make the exterior of the building light gray, and continue with the green awning. Commissioner Tillman seconded the m~tion which carried unanimously. VK:e Mayor Jaskiewicz confirmed with Mr. Foltz that a chain link fence exists in the back of ithis building. She pointed out that it is not serving any useful purpose, and requested that it be removed. Mr. Foltz agreed to remove the fence. IXI NEW BUSINESS: At this point in the meeting, Vice Mayor ~Jaskiewicz reminded the Commissioners that she would like to reorder the agenda to address Mr. MacQuaker's request. M~tion Vi§e Mayor Jas iewicz move o reor er k d t d the agenda to put item "D" as Item "A", and ch~ange the letters of the remaining items. Commissioner Titcomb seconded the motion wt~ich carried unanimously. iA. I Have a Dream Summer Math and Reading Tutoring Program G rdon MacQuaker, sponsor of the Boynton Beach Chapter of the "1 Have A Dream Fdundation", said the objective of the organization is to curb school dropouts in favor of cG ntinuing education. The tools used by the Foundation are mentoring, field trips, love, atl ention, and an incentive that if a child graduates from high school, the Foundation will se ~= that he/she gets tuition-free college or vocational school education. The "1 Have A Dr ~=am Foundation" adopted the third grade of Rolling Green Elementary School three ye ars ago. Tf Tk e "1 Have A Dream Foundation" wishes to enter into a project which is very important. ey are concerned that many of their dreamers are not prepared to enter middle school MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 b~cause of deficiency in reading and match. These dreamers would be candidates for sdmmer school if that option was available. In order to prepare them to face a new edvironment, they have decided to underwrite a summer program in reading and math with a iollow-up program for the first year of middle school. The cost of the program is $10,350. Mi. MacQuaker requested assistance from the Commission in the amount of $5,000 to help them meet this challenge. ViCe Mayor Jaskiewicz advised that $20,000 is usually in the Title XX program. This year, only $6,210 was requested, so the money is available. This is a worthwhile project and she colmmended the people who donated to the remainder of the program. MOtion ViCe Mayor Jaskiewicz moved to appropriate $5,000 to meet this summer program to help thbse youth. Commissioner Tillman seconded the motion which carried unanimously. MAYOR TAYLOR DECLARED A BRIEF RECESS. B. Impasse Hearing - City of Boynton Beach and International Association of Firefighters, Local 1891 Da. le Sugerman, Assistant City Manager and Human Resources Director, advised that this irt )asse hearing must be conducted as part of the collective bargaining laws in Florida. N~, information was provided in the back-up packet. When two parties negotiate under the cc Ilective bargaining laws of the State, they hammer out their difference at the bargaining ta .)le. When the two parties have gone as far as they can in the negotiations and they ca nnot reach an agreement, they declare an impasse. After the declaration of impasse, thb 'have an option to bring the remaining disputed issues before a Special Master. A Sl~ecial Master is an independent third party who can make a determination. If they so chbose, they can waive the Special Master process, and bring the issues to the City C(~mmission for a determination. Neither party may bring any information to the Cc~mmission in advance. The items in dispute will be revealed this evening. The City will present, and the International Association of Firefighters will present. The City CcJmmission's responsibility is to listen to both parties and choose one or the other, or modify the presentations. What exists between the City and the International Association of Firefighters Local 1891 is ¢ three-year contract which covers fiscal years 1993, 1994 and 1995. On June 30, 1995, thc City received a Notice to Negotiate from Local 1891. This request asked that the City Ioqk at all provisions of the entire contract. At the table, over the course of approximately 12 negotiating sessions, all 41 articles of the contract were reviewed. The process took approximately 10 months. Thirty-nine of the 41 articles were agreed to by both parties. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 The two remaining articles are Article 14, which deals with wages, and Article 41, which deals with the duration or length of the contract. Mr. Sugerman began his presentation with a quote "On Creating Value"from Dr. Randolph A. Pohlman, Dean of Nova Southeastern University's School of Business and Entrepreneursh~p. (A copy of Mr. Sugerman's presentation is attached to the original copy ofithese minutes on file in the City Clerk's Office. Mr. Sugerman distributed a packet of information he would discuss during the presentation. Hb advised that he would be quoting a number of salaries which were provided by the Public Employers Personnel Information Exchange. This is a local government organization of personnel directors, human resources directors, and cities in the South FlOrida area. This organization is particularly focused on Palm Beach County, but it quotes salaries from the tri-county area. The salary survey from March of 1995 will be quoted. All of the salary negotiations were based on salary information that was relevant for 1995. Mi. Sugerman referred to Page 3 of the handout which listed a comparison from PEPIE oflcertified firefighter salaries in the tri-county area. The chart lists the cities and the sailaries beginning with the highest paid first. The City of Pompano has a minimum salary of $28,551 and a maximum salary of $40,175. Boynton Beach was second on the list with a minimum starting salary of $26,832 and a maximum salary of $41,828. Mayor Taylor noted that although the chart listed Boynton Beach with the second highest minimum salary, Ft. Lauderdale's minimum salary was higher at $28,155. Mr. Sugerman said it appears Ft. Lauderdale should have been second, and Boynton Beach should be listed third. City Manager Parker disagreed and pointed out that the sort was done on the mid-point sa!ary, not the minimum or maximum salaries. Ft. Lauderdale's mid-point salary is $33,696 and Boynton Beach's mid-point salary is $34,330. Mr1. Sugerman advised that because different departments have different rank structures su¢h as driver engineer, he did only equivalent salary surveys for the positions where we have similar job titles. Page 4 of the packet shows that the City of Boynton Beach Fire Lieutenant ranks first in mid-point salary range at $45,001. P~ge 5 of the information packets indicates the Firefighter compensation including behefits. These are 1995/1996 projections. This chart was made up as part of the co lective bargaining process. Pages 7, 8 and 9 list each Firefighter by name and title, and the r tota estimated compensation under the 1995/96 projections. Reviewing the list, the total compensations range frorn the Iow $40,000 to the mid-S80,000. These charts show the total cost of salary base plus benefits. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 The remaining pages of the information handout include excerpts from the contract. Mr. Sugerman explained that, using the existing contract, any words to be deleted are struck through, and any words to be added are shaded. In addition, Mr. Sugerman underlines any change in language that was added so that it is obvious that the language was changed from how it read previously. The City has offered a wage package which includes a 2.5% increase in wages. It is the Ciiy's position that this is a fair and equitable wage in light of where our Firefighters fall in the market survey. The City is tying wages to the excessive use of sick leave so that a Fireflghter who uses more than five sick occasions will be determined "not eligible" for the 2.5% increase for 90 days. At That point, there will be another measurement to see if the Firefighter is using sick leave. If the use of sick leave continues, the 2.5% increase will not be awarded. The union has agreed with the language on the sick leave, but has not agreed on the amount of money. section 3 of Article 14 is new language for this contract year, and it was the most recent presentation amending language that the City recognizes that the pay plan (matrix) that is used for the Firefighters is a mess. Over the years, it has been amended and modified. Tl~e language that was used is that because the pay matrix contains great inequities for va, rious employees of the bargaining unit, the City is willing to live with granting a 2.5% wage increase, keeping the current pay plan in place for one year. However, at the end ofione year, the City will begir, anew with a new pay plan matrix. W!th regard to the duration clause, the union is asking for a two year contract. The City's pdsition is that we only want a one-year contract because the pay plan matrix is a mess. Tl~e union has proposed a Letter of Understanding that recognizes that they will accept the concept of more than five sick days for the denial of the 2.5% increase, and a 90-day re~valuation will be performed Mi. Sugerman reiterated that the City has offered a 2.5% pay increase for the Firefighters ddring the next year only. He asked that the Commission realize this is an appropriate an~ount to be granted, and is in the best interest of the City and its taxpayers to grant no more than that amount. MAyor Taylor questioned whether the request for 1.5% increase on their anniversary dates is~a merit increase in additio~'~o the 2.5%. Mr. Sugerman responded affirmatively. The Fi~efighters are requesting 2.5% plus 1.5% in wage increases to total 4%. cqmmissioner Titco~b questioned how many of the items listed on the chart that shows the costs for benefits are items paid for by the Firefighters themselves. Mr. Sugerman explained that the figures shown on the chart indicate the City's cost to support the Fiiefighters. The City did not include any educational pay, tuition reimbursement, etc. Fi!efighter I, II, and Ill are classifications of employment based upon experience and 26 MEETING MINUTES REGULAR CITY COMMISS!ON BOYNTON BEACH, FLORIDA JUNE 18, 1996 training, and meeting certain threholds. Those things are included in the chart. Only holiday pay is additional to the Firefighters. COmmissioner Titcomb asked if the figures listed in the Annual Salary column are based on a standard work week, or based on the amount of money a particular Firefighter may have made including overtime and other compensations. Mr. Sugerman stated that the fig!ure listed is the standard Firefighter's work week. None of the figures include overtime. Ed Leamon, represented the Firefighters of Boynton Beach. These Firefighters are 84 er~ployees who are not represented by high-paid lawyers or arbitrators. Mr. Leamon stated that the salaries shown are not correct. He is in possession of the formal City of B~ynton Beach Pay Plan which indicates that the minimum salary is $24,356 as opposed to iMr. Sugerman's claim that it is $26,832. Mr. Leamon did not know how Mr. Sugerman arrived at his figure. The Firefighters work a 48-hour work week. They do not work 40 hours, and they do not ge~[ eight hours overtime for the additional eight hours worked. Mr. Leamen has had one day of overtime in 1996. In iaddition, the salary figures shown are based on an old pay plan which is no longer in eflect. The discrepancies ir: the pay plan are in a plan which was imposed on the Fi~efighters by the City Commission. The City Commission was warned in advance that th8 pay plan would result in deficiencies and inequities, and that it would take many years before it would balance out. The contract that was imposed on the Firefighters contains Article 40, Section 7, which stated that the contract was being imposed on them and no gniavances or lawsuits would come from the inequities or differences. The high numbers that were quoted include all benefits. If numbers were quoted of other employees in the Ci!y, they would also look inflated because they are numbers that people generally do not hear or see. Mi. Sugerman represented the 2.5% wage increase as an offer. It is not an offer. It is the pay plan that the City imposed on the Firefighters when the contract took effect three years agp. When discussions focus on 4%, it is really only a 1.5% raise because the 2.5% is alrieady imposed bythe City. The union made some offers with the pay plan. The pay plan an[d contract had no provisions for any conditions addressed on that raise. What that means ~s that on an employee s anniversary date, he/she would get a 2.5 ¥o ~ncrease. The Fi~efighters saw a problem with this situation and decided that employees who take excessive amounts of sick days should be penalized because it costs the citizens of Bqynton Beach money for overtime. The union proposed a sick day condition of seven da~'s. That decision was based on the fact that the City evaluation form for other e~ployees lists five days. The Firefighters are the only employees of the City who transport, deal, treat, and handle ill people everyday. Therefore, the Firefighters are ex,posed to illnesses and will easily pick up their flus and viruses. In addition, the 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Firefighters live together for 24 hours, in those periods, they are exposed to each others' illnesses. Mr. Leamon pointed out that when Mr. Sugerman addressed the mid-point salary, he did not address the average actusl salary. Boynton Beach is #8 on that list. He stated that "Firefighters are not something that we do; it is something that we are." Firefighters generally stay in their jobs for 20 years or more. Mr. Leamon stated that he is in agreement with the quote read by Mr. Sugerman regarding creating value. In looking at the City of Delray Beach, they receive 18% more calls than the City of Boynton Beach, but they have 100% more manpower. The Firefighters operate the City of Boynton Beach which has the same demographics and approximately the same p(~pulation with three statior~s~ Delray Beach does it with six stations. Boca Raton also dC~es it with six stations, and the seventh station is under construction. The per capita cost in '[he Palm Beach County is $180 per person for fire/rescue services. In Boynton Beach, the cost is between $130 and $140 per capita. The Firefighters of Boynton Beach feel they give a great deal of service for a fair price. ACproximately 10 months ag,o.., the City Commission voted to give the other employees of thc City a 4% raise. The Fire~ighters are requesting the same 4%. They do not want more, but they do not want less. Hictorically, cost of living raises have been given on October 1. We have not gotten a cost oflliving raise for several years, and have even missed years of raises entirely. The Fi~efighters have proposed that the cost of living raise be given on the anniversary date. Thlat will save the City thousands of dollars. S~veral years ago, when the City was in financial straits, the Fire Department met with Sqott Miller and advised of a means to bring in additional revenue to the City. The prbposal involved ALS transports. Private companies fought the Fire Department. Mr. Miller liked the idea, and with the help of Chief Ness, the plan was put into action. The Fire D~ ~partment did not incur massive hirings, add new stations or equipment. They used what th,;y had to implement the p~an. At the time, the Fire Department explained to Mr. Miller tb tt services were being provided free to Ocean Ridge for use of their aerial truck when wE, already had our own aerial truck. The Fire Department questioned why this "g ;ntleman's agreement" was still in effect. In conjunction with that and contracts with Br ny Breezes and the Village ol Golf, the Fire Department is now producing over $750,000 pe year in assets to the City. Mrl Leamon referred to the h¢.ndout he distributed which depicted the base pays of the departments in the surroundin9 communities. Boynton Beach ranks last in starting salary. Se~veral of these departments .get 5% per year for a merit raise, and some get 5% per year plqs a step raise. The City of ~oca Raton gets between 3% and 8% per year for their merit 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 raise depending on job performance. The City of Boynton Beach does not have such a plan. Mr. Sugerman advised that ¢'~e City offered 2.5%. This is not totally true because the uqion had already agreed tca one-year freeze in the incentive pay for EMTs and Paramedics. T~e duration issue is not difficult. The union is requesting that they get the same things ne~xt year that they get this year. The union has already been arguing about this contract foi a year. If they agree to a one-year contract only, the Firefighters must go directly into negotiations next week. The Firefighters are not paid to arbitrate or negotiate. M~. Leamon referred to City Manager Parker's earlier discussion about educational incentives. Mr. Leamon said those incentives were eliminated during the last contract wllich was imposed on the Firefighters. The educational incentives offered now are for de~grees. Those incentives are reimbursed to the City by the State. City Manager Parker agreed. Mr. Leamon wanted the City Commissioners to be aware of the fact that the citizens of Boynton Beach are not paying for these incentives directly. M. Leamon said they did have educational incentives to improve the abilities and e¢ ucation in Fire Science aha EMS. When eliminated, this was a reduction in pay of s6'veral hundred dollars a year for some of the Firefighters. Mr. Leamon urged the C( ,mmissioners to look at the market value that is offered by our Firefighters. He reiterated th ~t Boynton Beach operates with three stations instead of six, and $130 per capita call inCtead of $180. In the City of Boca Raton, for every day a Firefighter works a 24-hour shift, they take 72 hours off. The City of Boynton Beach Firefighters take 48 hours off. Th!at provides a big disparity when comparing those hourly rates. Th~ Firefighters have brou¢l~t several awards to the City of Boynton Beach. Our Fir~fighters came in second i~ the State Firefighter Olympics Physical Agility Competition. Thee Firefighters have proven themselves time and time again with ALS transports. They dc an re, re, Mi pn pe ne thc of their job to the utmost, and do it better than Firefighters in surrounding communities, d they do it with less people, at a lower salary and at a lesser cost. The Firefighters are ]uesting the same 4% rs. ise tt~at everyone else in the City was given, and they are tuesting not to have to go 0ack to the negotiating table again. Leamon said the overall budget for salary will soon be adjusted. The Firefighters have )osed a retirement plan. There are approximately 12 employees in the Fire Department are in the 20-year range. A proposal has been made in the pension to move these pie out. When people ar~. rehired to replace those who retire, they will enter on the ~v pay plan which has much reduced benefits and much reduced salaries compared to ~se who will be retiring. The salaries of two or three people can be paid for when one :hose people leave the City. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 City Manager Parker said the City is having that plan evaluated because it is not certain that the actuary took into account all of the numbers. Furthermore, the City has not been able to address the cash situation. The people that would be leaving would take in excess of $500,000 of cash out of the City that we do not have at the moment. City Manager Parker advised that the City Attorney left the Chambers to check the State Statute relative to the duration issue in this contract. While contracts of a longer duration wbuld be desirable, she believes the Statute limits the imposition of a contract to one year only. In iresponse to Mayor Taylor's question, Mr. Sugerman advised that the contract expired on September 30, 1995; however, since there was not another contract in place, the co!ntract continued until a new contract is put in place. M~tyor Taylor questioned whether any increase which would be agreed to would be re!roactive to when the old contract expired. Mr. Sugerman explained that this issue has n(~t been discussed since the last negotiating session. The language in the City's proposal says the raise shall go into effect upon ratification. That means there is no retroactive laaguage in the City's proposal. The City Commission has the ability to modify the agreement. Mr. Sugerman said the City would be willing to make the 2.5% increase retroactive to the employees' anniversary dates which fall after October 1, 1995. Mi. Leamon said the discussions now are not about the imposed contract. The Firefighters art requesting agreement to a two-year contract. This is a totally different situation. The wage article that was quoted by Mr. Sugerman is old. The last article that was submitted was January 29, 1996. Mayor Taylor requested clarification about the term imposed. Mr. Leamon explained that thCee years ago, the contract went to an arbitrator. The Firefighters agreed not to have an arl~itrator this time because the arbitrator is not binding in the State of Florida, and the debision would come to the Commission. The imposing of the contract took place several yeCrs ago. The Firefighters came to the City Commission with the arbitrator, but the City COmmission did not agree and imposed the contract on the Firefighters. C~y Manager Parker adwseo that a mediator ~s used, not an arbitrator. The arbitrator is fod union grievances, and an arbitrator's determination is binding. The mediator for the Sl~ecial Master proceos is no~ .~inding. Several years ago, we were not able to reach agreement on most of the articles. There were 10 or 12 outstanding items at that time. Th~se items went to the mediator who made a recommendation to the City Commission, and the Commission voted on each item. ViCe Mayor Jaskiewicz questioned Mr Leamon's remark that everyone in the City got 4% as Ia standard raise. C~ty Manager Parker confirmed with Mr. Sugerman that the PBA got 3O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 2%, the FOP at 2.5%, Management got 3%, the general employees got 4%, and the IBF&O got 2.5%. Mr. Sugerman said the City's wage offer was made on April 4, 1996. That is the offer cdntained in the back-up pacl,:et and what is being considered at this meeting. This is the Ciiy's response to the union's January 29, 1996 request. Mr. Leamon pointed out that in the January 29, 1996 proposal, there was a re~;ommendation that people who do not meet their evaluations forfeit their raises for that period. The Firefighters took a stronger stand on the abuse of sick time and the conditions fot evaluation. MCyor Taylor pointed out that the 4% which was given to non-union and non-management ercptoyees was done so to make up for a situation which occurred with the IBF&O enhployees getting their raises on October 1, as opposed to their anniversary dates. M!. Sugerman confirmed for Vice Mayor Jaskiewicz that the City is not in agreement with th~ proposal for Article 14 dated 11/27/95. bMr. Leamon said that if something other than what is on the table is imposed, it can only imposed for one year of the contract that has been impassed. Agreement with so!mething that is requested can be done. That is not an imposition. Attorney Doody explained that Mr. Leamon was correct in his distinction between the irr )osing versus agreement of a contract; however, the Commission is now considering th settlement of an impasse. The Commission's authority is to either agree with the City's p(sition, agree with the Firefighters' position, or come up with something else. If the C~mmission is imposing something, it can only be for the duration of this fiscal year. Al Mayor Taylor's request, A,ttorney Doody explained that the Statutes provide Section 4(: 7.403 which states that the action taken shall take affect for the remainder of the first lis :al year which concludes on September 30, 1996. City Manager Parker confirmed for M Leamon that the Firefighters could not go to impasse on duration. M~. Leamon stated that the old contract included the 2.5% without conditions. The people wino have reached their anniversary dates have already been given their 2.5%. Retroactive pa~' only talks about 1.5% on their anniversary dates. Ci S~ al" th~ fr¢ y Manager Parker said that is not correct, and if it was done, it was an error. Mr. german agreed that the Firefighters should not have been getting the 2.5% on their niversary dates. City Manager Parker said the wage article was open for negotiation; ;refore, all articles continue with the exception of that article which should have been zen. 31 MEETING MINUTES REGULAR CITY COI~MIS$~ON BOYNTON BEACH, FLORIDA JUNE 18, 1996 Mr. Leamon said the Firefighters are still under the old contract because the new contract has not been ratified or imposed. The wages are addressed in that contract, and the pay plan is attached to that contract as Exhibit "A". Grievances were filed because people were refused their pay raises, a'~d those grievances were settled by the City because they rereviewed the contract. Mr. Sugerman said he was unaware that the additional 2.5% on the anniversary date has been inctuded in the paychecks. Mr. Leamon said it is not an additional 2.5%. It is the 2.5% that was imposed on the Firefighters. citY Manager Parker referred to the sick leave grievance and advised that the employees who have had their anniversary dates from October 1 to the present have been getting that. She asked Mr. Sugerman if all of the employees were getting this, or only those involved in the sick leave' grievance. Mr. Sugerman said he would have to investigate. Mi. Leamon said the 4% the Firefighters are requesting is really only 1.5%. The 2.5% is already imposed in the contract. City Manager Parker disagreed with the statement that thc 2.5% is imposed for this fiscal year. There is no contract for this fiscal year. The Fi(efighters are operating under last year's contract. Mr. Leamon said last year's contract is this year's contract until a r~ew contract is ratified or signed. City Manager Parker agreed with that statement. ;¢,:. Le~.~mo.q said that contract includes the imposed 2.5% pay plan and the wage articie addressing that 2.5% pay plan as Exhibit "A". Mayor Taylor questioned whether or not the Firefighters who have had an anniversary since October 1, 1995 have received the 2.5% wage increase. Mr. Leamon said they haye. He read from the contract to prove that this contract was to remain in effect and force. Vise Mayor Jaskiewicz confirmed with Mr. Sugerman that the City would like to iron out inequities in a new plan. Mr. Leamon explained that many of the inequities will iron themselves out as the old employees, who were under the old pay plan, leave. There were raic;es given in 1973 that no one can explain. As these people retire, those who remain will bei under the lesser pay plan with less benefits and pay. The inequities will work themselves out. C~ty Manager Parker sa~d the pay plan ~s not a guaranteed wage forever from the day the employee was hired. Both the Police and Fire make these statements. There is an assumption that if a person ~,~'a,s hired in 1971, that person would still be under the same pay plan that was in ef'~ect a.t ;hat time. That is not correct. · Leamon said when new pay plans pay plans. were put into effect, salaries were plugged into the 32 MEETING MINUTES REGULAR CITY COl~lVllSSiON BOYNTON BEACH, FLORIDA JUNE 18, 1996 City Manager Parker advised that the City did not round down and take the money away from the employees. There are not three pay plans operating in the City. The pay plan is not a guaranteed ~vage for the rest of the Firefighters' careers. All wages are subject to budget appropriatio~ by the Cty Comm ss on. The City Commission has the sole authority whether to budget or not, or to continue wage adjustments from year to year. Therefore, no City employee is guaranteed any set amount of wage increase unless it is negotiated, adopted and funded by the City Commission. CCmmissioner Titcomb recalled one statement that 80% of the services are emergency medical service related. He questi,oqed whether the Firefighters must be EMT qualified. M~. Leamon advised that the Firefighter is given 12 months to become EMT qualified in order to pass his probationary period. City Manager Parker reported that a Firefighter who do!es not reach this goal is relieved of duty with the City. Commissioner Titcomb asked whether the City pays additional compensation for that quialification. City Manager Parker responded affirmatively. Commissioner Titcomb questioned whether or not a time will come when this qualification will be a requirement in the base qualifications for hiril*,g. Mr. Sugerman said the City is moving in that direction anid the most recent ~"ecrui[ment mandated that the Firefighters must be Paramedic certified. City Manager Parker advised that Paramedic certification provides additional compensation on top of the EMT qualification. It is difficult to reach the goal of making EbIT a qualification of the job because under the current pay structure, there is a Peircentage differential for EMT and Paramedic. The City cannot afford this. Mr. Leamon sa!d the Firefighters agreed to a freeze on the pay differential in the contract. C6mmissioner Titcomb inquired as to the amount of the present cost of living. City Manager Parker said there ~,e~'e no COLAs for any employees this year. Commissioner Ti~comb questioned the figures for the consumer index. Mr. Sugerman used the April Municipal Cost index which is published in American City and County to learn that it is either 2.1% or 2.3%.~ Mr. Leamon disagreed and said this is not a cost of living. He believed this figure w~ts anywhere from 9% to 14%. Commissioner Tillman suggested tatting the CPI multiplied by 12 months to get the annual inflationary rate. This inflationary rate reflects the cost of living. City Manager Parker said the Department of Labor figure is 2.5%. Richard Stone added that it is 2.8%. C( ,mmissioner Titcomb asked if the City has a merit pay plan. City Manager Parker vised that the City has a ~olsn whereby on successful completion of the employee's aluation, an anniversary ir;crease is granted. It is either pass or fail. Commissioner comb does not consider this a merit increase. He realizes this is a Commission issue discussion based o,q budget constraints. Ci' y Manager Parker said there are two issues involved. One issue is budgetary, but the otl ~er is that to provide someone with a gradated pay plan, there would need to be a way 33 MEETING MINUTES REGULAR CITY COI~MIS.>~©N' c BOYNTON BEACH, FLORIDA JUNE 18, 1996 to iquantify difference between employees. She is not certain we can do that because all of the employees would file grievances if one secretary was given a 5% increase, and one was given a 4% increase if we were on a 3% to 8% plan. Mr. Leamon said p, ass/rfail has no reflection on the raise. At this point, an employee can fail the evaluation, and 2.5% is still awarded. The Firefighters have proposed that the raise be attached to conditions and substandard employees will not get the raises. COmmissioner Titcomb asked how much time is involved in standard negotiations. City Manager Parker advised that contract negotiations generally begin in April or May, and the City tries to conclude them by October. Cbmmissioner Titcomb feeis one of the options could be to a pick a percentage rate increase, make it a two-year agreement and have that be retroactive to the beginning of last year, so that it comes up to the beginning of this year and takes care of next year. Cily Manager Parker s~id this ;s not a negotiating session. The City Commission cannot reach a negotiated agreemenL The Commission can only impose something for one year, which will be until Sepl:ember 30, 1996. Mr. Leamon said that if something other than what is on the table is imposed, the C~mmission can only do that for one year. He stated that the Commission can agree to a two-year contract. That is not imposing a contract. However, Attorney Doody explained th~_t the negotiation process is at a conclusion. This body will now make a decision. This wil!l be the imposition cf a contract, M~. Leamon reiterated that the article on the table that is on impasse is agreement to a coptract for two years. Attorney Doody said the duration of the contract is to be until September 30, 1996. Motion Vi, lC~ CO un w[ )e Mayor Jaskiewicz moved to continue this contract and let it expire September 30, 96, with the 2.5% raise as the City has suggested and that we completely redesign the qtract negotiations with the Fire Department into a structure which is easier to derstand and significantiy more equitable. Commissioner Tillman seconded the motion ich carried 3-1. (Commissioner Titcomb cast the dissenting vote.) C. Items for discussio~ requested by Commissioner Jamie Titcomb 1. Time limit for City Commission meetings 34 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR~[)A JUNE 18, 1996 COmmissioner Titcomb brought this item forward because in his history on the City COmmission, he has sat at two meetings that have run until 1:00 a.m. One of his observations during those meetings was that some fairly important issues were raised after midnight when there were very few, if any, people remaining in the audience. He does not believe it is in the best interest of the City to address those issues at that time. He prqposed that a mechanism be put in place whereby at 11:30 p.m. or midnight, the meeting be adjourned and moved to be continued on the next evening or at some practical time to fin!ish the agenda. This wou!d allow every issue on the agenda to have full attention and coinsideration. In iVice Mayor Jaskiewicz' opinion, it is the development plans that take up a considerable an~ount of the time. She suggested expediting this process by setting a time limit on the presenters and City staff. Nothing is really accomplished by ending the meeting and meeting the next night. C~ ~mmissioner Tillman realizes that some of the issues are coming forward at a very late ur when the general public cannot observe or offer input. In terms of development ;ues, whenever we run into a situation where the land owners may have a problem with velopers, those issues should be hammered out during the Planning and Development ~ge. Perhaps staff comments can include comments from the people who will be )acted by the development. Mayor Taylor feels that we already have a process by which we can table any item until the ne~xt meeting. He agrees that the development plans are the time-consuming issues. He is epen to limiting the presentations to 10 minutes or less if less is better. He pointed out that the Cedar Ridge Townhouse pro.iect had only one issue, but Mr. Koehler spoke for 20 minutes on the history of the project. Mayor Taylor said that for the 15 months he has began sitting as Mayor, only three meetings have gone beyond 11:30 p.m. Cbnsensus ere was a consensus of the Commission that the presentations will be limited to not )re than ten minutes. D. Appoint Voting Detegate for Florida League of Cities' Annual Convention Th~ere was a consensus of the Commission to appoint Mayor Taylor as the voting delegate for1 the Florida League of Cities' Annual Convention to be held in Boca Raton. LEGAL: A. Ordinances ~ 2nd Reading will be deferred until July 16, 1996 35 MEETING MINUTES REGULAR CiTY COMIMISS~ON BOYNTON BEACH, FLORIDA JUNE 18, 1996 Proposed Ordir~ance No. 096-32 RE: Amending the land development regulations to provide for a restriction on the location of communication towers B. Ordinances - 1st Reading: None C. Resolutions Proposed Reso!ution No. R96-86 RE: Authorize execution of lease agreement between the City of Boynton Beach and Boynton JCP Associates, Ltd reference City Flail at the Mall Cily Manager Parker advised that this is the lease agreement between the City and the Mall for the space at tlqe Mai!. There are minor changes to the lease agreement which include that the operation be conducted for a portion of the normal shopping hours, not all oflthe hours the Mail is open. In addition, Bethesda submitted a letter setting forth their request items for approval in return for their donation of $20,000 for the first year. Bethesda would like tlqe following: · To be the exclusive healthcare sponsor; · to hold a half-day community program each month; · to be able to distribute their literature; to have their name orinted on the City's literature as a Sponsor. They are requesting that all other Sponsors contribute $20,000. If we solicit funds from other groups, the City is to establish a scale such as Sponsor, Contributor, Friend, Donor (at different levels). · To assist with providir~g some volunteers to the City to service at the facility; · to place a physician at the facility one or two hours quarterly to answer questions or conduct screenir~s; and · to be included on the signage on the storefront as a Sponsor. If the City is in agreement with these requests, Bethesda will provide $20,000 for the first year of this program. 36 MEETING MINUTES REGULAR CITY CO~I~IISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 In ;response to Mayor Taylor's question, City Manager Parker advised that the County has agreed to print brochures and the City will print literature for the City Hall in the Mall. On the back of the literature, a list of our contributors will be included. We currently have 2q,0o0 water brochures that were recently printed. They will not be reprinted until they run out. However, we will be printing bus flyers and recreation flyers for the Mall space. Mayor Taylor questioned what the result would be if a last-minute item came up and literature that was already in existence was used because there was not enough time to pr nt up new literature. City Manager Parker did not believe this would cause a problem. She sa d t s the p acement of the specific terature for C ty Ha n the Ma that will contain thc names of the contributors. Commissioner Tillman .asked whether it is necessary for any group that wants to participate to Icontribute $20,000. Mayor Taylor responded negatively and explained that a $20,000 cohtribution would make an organization a Sponsor, and a $5,000 contribution might make that contributor a Friend. City Manager Parker further ?vised that when the City solicited funds for the playground, a ~5,000 contribution was a L,,onor; a $500 to $1,000 contribution was a Benefactor; under $,500 was a Friend; and for' $25, pickets were available. There were different levels of coptnbut~ons to try to accommodate everyone and to devise a method of placement on the front sign. Mayor Taylor asked what would happen if the County decides it would like to contribute $210,000 and have its name on the front door along with the City and Bethesda. City MCnager Parker oointed out that Bethesda's request is to include their name on the s gn In add~bon to the s~gn s'cros~ tile top, there are w~ndows which could contain a message abbut sponsorship Ciliy Manager Parker aoviseu ~. ,at the ,ease begins on July 1, but the City will not open on thCt date. We anticipate opening in late September. MC. yor Taylor does ~qot~' have a problem with the time and the people. However, he would like to maintain flexibility so that we can adjust the hours and volunteers in the future if we so desire. Cily Manager Parker recommends or, going daily monitoring in terms of traffic. If it turns ou~ that 90% of the questions dea!t with are for County information, we may not want to cohtinue with this project. The Commission will be provided with survey data. M~ :yor Taylor recommends the issuance of identification tags for the City employees who wil be working at City Hall in the Mall. City Manager Parker advised that in the upcoming 37 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 bUdget, the City is proposing an iD card machine. All City employees will have an ID card which contains a picture. Mayor Taylor suggested 'nc~ud'n.g a picture or plaque at City Hall in the Mall in memory of Commissioner Sid Rosen since this was his suggestion. City Manager Parker said a dedication ceremony can be worked out for the opening ceremony. MOtion Vibe Mayor Jaskiewicz moved to approve Proposed Resolution No. R96-86 as read. COmmissioner Tillman seconded the motion which carried unanimously. Proposed Resolution No, R96-87 RE: Authorize execution of water service and annexation agreements between the City of Boynton Beach and DDK Investments for a 40 acre tract of land at the northeast corner of Gateway Boulevard and Lawrence Road Mstion C( ~mmissioner Titcomb moved to approve Proposed Resolution No. R96-87 as read. Vice tyor Jaskiewicz seconded ~he motion. Vi th, Ci Thle motion ;e Mayor Jaskiewicz wants Io be certain that the people who sign the agreements are officials. She does not want to run into the problem the City experienced in the past. :y Manager Parker advised that the City is now requiring title searches. carried unanimously. D. Other Proposed Resolution No. R96-88 RE: Providing for the issuance of Not to Exceed $30 Miiiion Aggregate Principal Amount of Utility System Revenue Bonds Attorney Doody read Proposed Resolution No. R96-88 by title only. Mbtion Cqmmissioner Tillmar~ moved to approve as read. Commissioner Titcomb seconded the m~tion. M~rk Raymond, of I~lovle_ F~ani.qan, advised that if this Resolution is adopted, it authorizes the issuance of not to exceed $30 million of Utility System Revenue Bonds, 38 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Series 1996. In connection with this bond issue, cash on hand will be used within the Utility system to pay off a portion of the Series 1992 bonds. The money being used to pay off those bonds will be replaced with proceeds of the 1996 bonds. This will allow for funds od hand to provide for capital improvements for the next five years. Ci!y Manger Parker asked that the main provisions that are being changed from the 1992 R~solution to this Resolution be explained to the Commissioners. M~. Raymond exp.amed that m the 1992 Resolution, there ~s a restriction which prowdes that any revenues collected from the water and sewer system in excess of the debt service oni the Water and Sewer System Bonds and the expenses in running the water and sewer system, may only be used for purposes of the water and sewer system. There is a provision that allows them to be used for other purposes of the City, but only if a financial te~t is met. That test is so stringent that it is virtually impossible to believe that the City would ever be possible to satisfy that requirement. Therefore, we would never be able to us~ water and sewer revenues for any other purpose in the City. In iconnection with this Resolution, once these bonds are issued, that restriction will be re~noved and water and sewer revenues remaining after the payment of debt service and op~erating expenses can be used for any lawful purpose of the City as directed by the City C0mm ssion. T~ p~ wi all ere is another amendment that provides that an operating expense of the system that [y be paid with water and sewer revenue are payments in lieu of taxes. The utility could y taxes to the City the same as if it were a private utility. There is a change in the finition of improvements. Improvements are the items that are allowed to be financed h proceeds of the water and sewer system bonds. A provision has been added that will ~w the City to finance things other than water and sewer system improvements. In iresponse to Vice Mayor Jaskiewicz' question, Mr. Raymond stated that no financial changes were made to the table that was submitted two weeks ago. D~vid Katz, 162 SW 27 Place, said this is a very important issue to the City and there is n,o one present in the audience. Mr. Katz asked if other than loosening up the money by changing the covenants, was there any savings to the City because of the changing interest rate? City Manager Parker advised that at the last meeting, the savings to the City was indicated at $2.6 million. Wnile that information was being determined by bond counsel, Mr. Katz continued that historically, this City, when it does bond issues, has looked at William R. Hough and Company and SmithBarney. For some reason, Raymond James has been put into this 39 MEETING MINUTES REGULAR CITY COMMISSION BOyNTON BEACH, FLORIDA JUNE 18, 1996 mix. The City has never even blinked an eye at Raymond James. Kevin McCarty, Mary M¢Carty's husband, recently (three or four months ago) went to work for Raymond James. Mayor Taylor is employed by Ms. McCarty. To allay any perceived conflict of interest, Raymond James should not be included in this mix. Mr. Katz feels the only reason Raymond James is included is because of political connections. M~yor Taylor advised that there is no conflict since there is no way he can personally benefit from this. The City did not pick Raymond James as co-counsel. William R. Hough add Company selected them. Kevin McCarty has done business with Boynton Beach gding back six years. This is nothing new or different. Mayor Taylor welcomed anyone to look into this. David Kav, of William R. Hough and Company, advised that the figure that was prbsented to the Commission on June 4, 1996, was a present value savings of $1.9 million. Tlte market has changed slightly since that time, and currently there is a savings of $1.5 miillion. In looking at the lifetime savings of the issue, that figure is $7.4 million. The savings represents 4% of defeased principal. Tile motion carried 4-0. i 2. Vincent Finizio vs. the City of Boynton Beach Lawsuit Mayor Taylor advised that the lawsuit was decided in Mr. Finizio's favor. Attorney Doody explained that at the direction of the City Manager, he reviewed the Order is,.;ued by Judge Cohen on June 14, 1996. He spoke with Mr. Sheehan. The options a~ ailable to the Commission are to cons[der filing a Motion for Rehearing before the trial ju~ Ige, Judge Cohen, to address several issues within the Order, and ask him to reconsider tb Order. Following the action of the Motion to Rehear the matter, give consideration to fill lg a Notice of Appeal before the District Court of Appeal. This must take place within 3~: days of the Order dated June 14. At to th~ tal de ha A orney Doody recommended that the City Commission authorize the appropriate lawyers Iile a Motion for Rehearing on behalf of the City before Judge Cohen. He advised that City has 10 days to file this Motion for Rehearing. He suggested that the Commission :e action tonight. tyor Taylor confirmed that the Motion for Rehearing is asking Judge Cohen to review his 2ision. He asked if the Judge comes to the same decision a second time, would the City ¢e an additional 10 days to appeal his decision? orney Doody explained that the City has 30 days from June 14, 1996 to file a Notice of )eal. The City will than have 70 days from the filing of the Notice to file a brief. During 4O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 that time, the City could revisit the issue to address other options that may develop. At the next City Commission meeting, serious consideration must be given to filing a Notice of Appeal to preserve the City's rights. MOtion ViCe Mayor Jaskiewicz moved to immediately ask for reconsideration stating the facts after it I~as been reviewed by Mr. Cherof and Ms. Parker. Commissioner Titcomb seconded the motion which carried 4-0. Xli UNFINISHED BUSINESS: None Xl!. CITY MANAGER'S REPORT: ~ None Xl/I. OTHER: None XI V. ADJOURNMENT: A~TEST: ,,~cording Secretary Tapes) ere being no further business to come before the City Commission, the meeting properly ourned at 10:50 p.m. CITY ~TO~/~ Commissi.,9.~r ~ Co/¢Issioner 41 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS JUNE 18, 1996 3.1 CARUSO'S REGENCY DODGE ................................. $ 43,272.00 PO 11423. Vehicle Replacements Pay From Veh Sexy Fund -- 501-193-5-688-00 CLAREY'S SAFETY EQUIPMENT INC .......................... $ 27,095.50 PO 11740. Suppresion Equipment & Supplies Pay From Gert Fund -- 001-221-5-374-00 ERNST & YOUNG LLP ........................................ $ 30,814.27 Prof Serv - Arbitrage Rebate/'86 P.S. Tax Rev Bonds Pay From 1992 Public Serv Tax -- 207-888-5-468-00 LAKE WORTH HERALD ...................................... $13,750.75 PO 10899. Funfare Printing Pay From Gert fund -- 001-721-5-472-00 MOTOROLA .................................................. $19,603.49 Quarterly Maintenance Charges Pay From Gen Fund -- 001 - 197-5-431-00 PBC SOLID WASTE AUTHORITY .............................. $ 96,352.50 5/96 Landfili Use/Sweeper Pay From Sanitation Fund -- 431-341-5-490-01, $95,610.50 Pay From Gert Fund -- 001-411-5-490-01, $742.00 SCRWTD BOARD ............................................ $155,146.51 5/96 User Fees Wastewater Tmetment/Disposal Pay From Water & Sewer Rev Fund -- 401-353-5-490-09 COMMISSION JUN 18 APPROVAL TI-I~ESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF TH~ESE BILLS. CARRIE PARKER, CITY MANAGER ON CREATING VALUE "Compensation of employees within an organization must be based upon the market value of the services and products that those employees provide. One of the reasons that we are seeing a lot of downsizing today is that we have gotten accustomed to this very bloated system that often pays people either far more or far less than the value they create. What must be understood by everybody is that individuals in an organization must be compensated based on the value that they create for that organization and for society. Over the long term, this is not a decision that the firm [City] has the luxury to make, but instead is made by market forces." Dr. Randolph A. Pohlrnan Dean of Nova Southeastern University's School of Business and Entrepreneurship Upon taking office as the newly appointed Dean BOYNTON BEACH March 1995 PPI Public Employers Salary Survey Personnel Information Exchange PUBLIC EMPLOYER°S PERSONNEL INFORMATION EXCHANGE (PEPIE) FIREFIGHTER (CERTIFIED) - MARCH 1995 City/Co. Minimum Salary Mid-Point Salary Maximum Salary Average Actual Pompano $ 28,551.00 $ 34,363.00 $ 40,175.00 $ 40,075.00 Boyntoin Beach 26,832.00 34,330.00 41,828.00 31,730.00 Browarcl County 26,884.00 34,248.00 41,611.00 33,220.00 Boca Raton 24,898.00 33,710.00 42,522.00 37,681.00 Ft. Lauderdale 28,155.00 33,696.00 39,237.00 35,256.00 Palm Bbach 23,634.00 31,512.00 37,184.00 28,089.00 Oakland Park 26,579.00 31,163.00 35,746.00 44,928.00 DelrayI 24,578.00 30,825.00 37,071.00 25,771.00 -=-GunriseI 25,071.00 30,690.00 36,309.00 29,466.00 Vest Palm Beach 23,912.00 29,628.00 35,343.00 29,410.00 Deerfield 24,174.00 29,346.00 34,518.00 30,638.00 Palm B~ach County 21,750.00 29,330.00 36,910.00 37,707.00 Palm B~ach Gardens 23,325.00 27,990.00 32,655.00 23,936.00 Riviera ~each 21,012.00 27,000.00 32,988.00 22,721.00 / Greenacres 26,901.00 31,209.00 Tamara~ 23,779.00 PUBLIC EMPLOYER'S PERSONNEL INFORMATION EXCHANGE (PEPIE) FIRE LIEUTENANT (MARCH 1995) City/Co. Minimum Salary Mid-Point Salary Maximum Salary Average Actual BOYNTON BEACH $ 35,256.00 $ 45,001.00 $ 54,745.00 $ 54,066.00 Ft. Lauderdale 42,432.00 44,566.00 46,700.00 46,673.00 Palm Beach County 36,860.00 41,897.00 46,934.00 50,828:00 Pompano 34,704.00 41,769.00 48,833.00 57,575.00 West Palm Beach 37,190:00 41,197.00 45,203.00 43,039.00 Delray 33,396.00 40,826.00 48,256.00 44,812.00 Sunrise 35,424.00 40,385.00 45,346.00 44,934.00 Broward County 33,380.00 ' 40,175.00 46,969.00 41,133.00 P.~lm Beach Gardens 32,821.00 39,385.00 45,949.00 39,996.00 ,ca Raton 28,851.00 39,127.00 49,402.00 50,656.00 P~.lm Beach 30,094.00 39,083.00 46,118.00 43,006.00 Deerfield 29,933.00 36,158.00 42,382.00 42,382.00 Oakland Park 29,338.00 35,396.00 41,454.00 43,153.00 Riviera Beach 25,388.00 32,661.00 39,934.00 32,820.00 Tamarac 42,802.00 FIREFIGHTER COMPENSATION with BENEFITS - 1995/96 PROJECTIONS I Annual TOTAL Employee Name Title Salary EST COST IABEL, BENJAMIN S IFIREFIGHTER II $31,824 $44,966 ~ANDERSON, ROBERT L FIREFIGHTER Ill I 46,259 64,148 BALER, RICHARD M. FIREFIGHTER II/PARAMEDIC 36,878 51,684 BELl., DANIEL R FIRE LIEUTENANT 56,3471 77,639 i BONOMINI, JAMES J FIREFIGH'I'ER ~ll ! 51,064 ! 70,618 BORDEN, BOBBY L FIRE PREVENTION OFFICER I 51,0641 67,383 CAMPBELL, STEVEN O FIRE PREVENTION OFFICER II 53,643 70,647 CAUGHEY, GAYLE H RREFIGHTER #l 44,034 61,056 CAVANAUGH, WILLIAM D FIRE PREVENTION OFFICER I 52,333 68,989 CROFT, BRYAN T FIIREFIGHTER ~# I 37,960 53,204 CROFT, ROBERT D FIREFIGHTER Ill/PARAMEDIC 44,034 61,191 DEMARCO, JOSEPH L FIRE LIEUTENANT 53,643 74,044 DOLPHIN, ANTHONY J FIREFIGHTER II/PARAMEDIC 49,587 68,655 DYPOLD, DEBRA K FIREFIGHTER III/PARAMEDIC 46,259 64,148 EBERLY, DEAN A FIREFIGNTER III/PARAMEDIC 44,034 61,275 EHMKE, BARRY H FIREFIGHTER II~ 46,259 64,148 EsTEvEs, EDWIN FIREFIGHTER I~l 41,912 58,455 FITZPATRICK, MICHAEL FIREFIGHTER II 31,824 45,050 FLUSHING, DENNIS FIREFIGHTER Ill/PARAMEDIC 56,347 77,639 GARCIA LUIS A. FIREFIGHTER I/PARAMEDIC 32,594 46,048 HAGG, WALTER J FIREFIGHTER Ill/PARAMEDIC 53,643 74,044 HAYNICK, RONALD G. FIREFIGHTER I/PARAMEDIC 33,509 47,290 HENDERSON, LUKE E FIREFIGHTER Ill 36,130 50,689 HERiG, JAMES P PARAMEnlC OFFICER I 62,192 85,131 HERNANDEZ, DEREK J. FIREFIGNTER II 31,824 45,050 HERRMANN JR., EDUARD FIREFIGHTER Ill/PARAMEDIC 41,912 58,455 JULIA, JUAN CARLOS FIREFIGHTER I/PARAMEDIC 33,509 47,206 JUTE, RANDALL A FIREFIGHTER Ill 37,960 53,120 KAMIYA, HENRY R FIRE LIEUTENANT 68,682 93,233 KEEFE, MICHAEL FIRE LIEUTENANT 59,197 81,353 KE STER~ RONALD A FIRE LIEUTENANT 49,816 69,038 KIGHT, LUDDY G PARAMEDIC OFFICER II 62,837 86,249 KtNBACHER, JEFFREY A FIREFIGHTER II 31,824 45,050 KINSER DEAN R. FIREFIGHTER I/PARAMEDIC 32,698 46,179 KIR(3HEN, ALAN L FIREFIGHTER Ill 45,136 62,811 KNIGHT, KEITH A FIREFIGHTER II~ 44,034 61,140 KRUSE. RPBERT A FIREFIGNTER 26,894 39,451 LAMBERT, PAUL L FIREFIGHTER III/PARAMEDIC 51,064 70,534 LEAMON, EDWARD C FIREFIGHTER II/PARAMEDIC 44,928 62,464 LIMAURO, RICHARD E FIREFIGHTER ~ 44,034 61,275 LIU, DAVID D FIRE LIEUTENANT 53,643 73,960 LUCENTE, NICHOLAS A FFIREFIGHTER ~ll 46,259 64,148 05/03/95 FIREFIGHTER COMPENSATION with BENEFITS - 1995/96 PROJECTIONS Annual TOTAL Employee Name !Title Salary EST COST MACRAE, THOMAS R !FIREFIGHTER II/PARAMEDIC 48,381 67,045 MADIGAN, DOUGLAS C ;IREFIGHTER ~ ~ 51,0641 70,534 MARTIN, C.P. FIREFIGHTER ~ 33,426 46,993 MARTIN, JOHN F FIRE UEUTENANTI~ 54,974 75,901 MURPHY, THOMAS R FIREFIGHTER ~ ! 31,824 44,966 NANCE, RODRICK L FIREFIGHTER 31,200 44,177 NEWELL, DEAN H FIREFIGHTER Ill 48,610 67,357 NEWMAN, ALLEN P. FIREFIGHTER II I 31,824 45,050 OVERBY, KENNETH D FIRE LIEUTENANT 62,192 85,131 oxENDINE, PHILIP D FIRE UEUTENANT 59,197 81,353 PICKLESIMER, ALAN B FIREFIGHTER Ill 48,610 67,357 PLAYNE, MATTHEW S FIREFIGHTER Ill/PARAMEDIC 51,064 70,618 PODRAY, ANDREW G FIREFIGHTER Ill/PARAMEDIC 53,643 74,044 QUINN, KEVIN M FIREFIGHTER Ill/PARAMEDIC 51,064 70,618 REHR, ELIZABETH A. FIREFIGHTER II/PARAMEDIC 36,878 51,684 REHR, ROBERT M. FIREFIGHTER ~ 31,824 44,966 REITZ, THOMAS K FIREFIGHTER ~l 41,912 58,371 REYES, CARLOS A. FIREFIGHTER II/PARAMEDIC 36,878 51,768 RHODEN JR., JAMES M FIRE LIEUTENANT 56,347 77,639 RICHARDSON, ROBERT D FIRE LIEUTENANT 59,197 81,353 ROTHROCK, EDWARD E FIREFIGHTER ~ll 46,259 64,143 RUDY, RONALD M. FIREFIGHTER II/PARAMEDIC 36,878 51,768 SEARS, ROBERT C FIREFIGHTER Ill 51,064 70,618 sEIDER, GREGG A. FIREFIGHTER II/PARAMEDIC 36,878 51,768 SHEMWICK, THOMAS O FIRE UEU'rF. NANT 59,197 81,269 sIMPsoN, GEOFFREY C FIREFIGHTER Ill 41,912 58,455 SMOLLON, MICHAEL G FIRE LIEUTENANT 59,197 81,269 SNOW, MARK FIREFIGHTER Ill 46,259 64,232 SOLICY, DIANE FIRE FIGHTER 25,584 36,674 STARKOSKI, SHAWN A FIRE LIEUTENANT 56,347 77.639 SUVER, SHANE W FIREFIGHTER II 31,824 45,050 TAYLOR, PATRICK D FIREFIGHTER ill 45,136 62,727 TEMpERILLI, MICHAEL FIREFIGHTER II 31,824 44,966 THYNG, BRADLEY D FIREFIGHTER II/I=ARN~EDIC 38,730 54,227 vALENTINE, TIMOTHY J FIRE LIEUTENANT 59,197 81,353 VICKI, RODNEY C RREFIGHTERI~ 47,424 65,772 , WANDELL, CHRIS J FIREFIGHTER I 34,341 48,365 !WITT, JAMES E FIREFIGHTER II~ARAMEDIC 44,034 61,275 WO~CIECHOWSKI, STEVE FIREFIGHTER I, 44,034 61,275 woZNICK, MARK L FIREFIGHTER a; 39,894 55,690 05/03/95 -20- ARTICLE 14 WAGES ........... C~cctivc ~i!:::,~!~:;~;~':~%~~i~i each member of the ~i~i!.~i!}~i~advance one step on their bargaining unit shall anniversary date ~ ~eached the fiftccnth ~ step, in which case they shall be considered to have reached their maximum base salary cap. Section ~. The 2.5% step plan matrix is attached hereto as Exhibit "A" :04/04/96 IAFF CITY -21- 04/04/96 IAFF CITY WAGES ~ Ail employees covered by this Agreement shall, on their employment anniversary date, receive a two point five percent (2.5%) step increase, as outlined in the attached pay matrix plan outlined in Appendix A. This shall remain in effect throughout the duration of this Agreement. Employees who have reached the nineteenth (19th) step shall be considered as having reached the maximum base pay. i~ All employees covered by this Agreement shall, on their employment anniversary date, receive a lump sum merit increase equal to one point five percent (1.5%) of the previous year's annual base salary, provided that, a) the employee receives a performance rating of "satisfactory,, or better, and that, b) the employee did not take more than five (5) occasions of sick leave during the year prior to their employment anniversary date. ~ Should an employee not meet both of the conditions of Section 2 of this ARTICLE, then that employee shall not receive their one point five percent (1.5%) merit increase for that year, and they will not be eligible for another merit increase until their next employment anniversary date and performance rating. 11/27/95 -18- IAFF CITY LETTER QFLTNDERSTANDING ~ An employee who fails to meet the conditions of ARTICLE 1~ Section 2 shall be placed on a ninety (90) day re- evaluation status, with a verbal counseling from the Fire Chief. The Fire Chief shall also indicate to the employee in writing the ,reason(s) for re-evaluation and the steps necessary in order for the employee to successfully complete the re-evaluation. ~ An employee who fails to meet the conditions of ~irst (lst) ninety (90) day re-evaluation shall be placed on a becond (2nd) ninety (90) day re-evaluation, with a written ~eprimand from the Fire Chief, The Fire Chief shall also indicate ~o the employee in writing the reason(s) for re-evaluation and the ~teps necessary in order for the employee to successfully complete ~he re-evaluation. ~ An employee who fails to meet the conditions of second (2nd) ninety (90) day re-evaluation period shall be placed on a third (3rd) ninety (90) day re-evaluation, and shall receive a twelve (12) hour suspension from the Fire Chief. The Fire Chief shall also indicate to the employee in writing the reason(s) for .re-evaluation and the steps necessary in order for the employee to successfully-complete the re-evaluation. ~hould ~n ~..~ fail ~ The abovementioned progressive discipline shall in ~o way constitute any forfeiture or delay of an employee's annual two point five percent (2.5%) step increase as indicated in ARTICLE 14, Section 1. DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: CITRUS PARK, P.U.D. APPLICANT'S AGENT: James A. Hamilton III - CCL Consultant,~ DATE OF HEARING BEFORE CITY COMMISSION: June 18, 1996 TYPE OF RELIEF SOUGHT: Request to amend the previously approved master plan tn r~duce, the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side baildin,q setback from 15 feet to 11 feet; increase the frontage and area of lot 21; reduce th~ rear pool setback on lot 32 from 8 feet to 7 feet and reduce the rear screen enclosurn s6tback on lot 32 from 6 feet to 5 feet. LOCATION OF PROPERTY: East side of Lawrence Road, approximately 1,750 feet north of! Gateway Boulevard DRAW NG(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of B0ynton Beach, Florida on the date of hearing stated above. The City Commission having cons dered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner coins stent with the requirements of the City's Land Development Regulations. ~ 2. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. , 3. The conditions for development requested by the Applicant, administrative stdff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with the notation "Included". The Applicant's application for relief is hereby _x__ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediatelY upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other:7' ~_~ DATED: July 16, 1996 C!t~' Clerk C:Uevord.frm re,/. 1/24/96 LOCAl ION MAP CIT US PARK ~.-Wl ~KNOL. I ~O D AG "BOYNTON NUR~=RI~,, I-Ul:4,O ITE RIAA 'II~UI&I-ITO OFIClvIII~ I~UO · '0 I/8 I1 MILE~ I 8OO FEET I EXHIBIT "D" Conditions of AUUrOval Project name: Citrus Park PUD File number: MPMD 96-003 Reference:The plans consist of 1 sheet identified as 1st Submittal, Ma~ter Plan Modification. File ~ MPMD 96-003 with a April 23, 1996 Plannina and Zoning Department date S~mn m~kina. DEPARTMENTS I INCLUDE IREJECT pUBLIC WORKS Comments: NONE UTILITIES Comments: 1. Developer will be responsible for the x relocation of water and sanitary sewer services to lots 22 and 23, to the new property lines, to conform,with the entire project. Utility Department inspection of relocations will be required. FIRE Comments: 2. There is no sidewalk/bicycle path along x the front of this project. Since a sidewalk will keep pedestrians off Lawrence Road while enroute to Citrus Cove Elementary School, one is recommended to be installed. ?OLICE Comments: NONE ENGINEERING DIVISION Comments: 3. Approval of this request is not x recommended. The house already in place can remain, but the developer should not be allowed to build on the nonconforming lot to the south which results from improper placement of the adjacent residence. The nonconforming lot can become additional open space dedicated to the H.O.A., or distributed to the two adjacent properties. BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 4. It is recommended that the applicant x replace trees in accordance with the project's Tree Management Plan. PLANNING AND ZONING Comments: Page 2 Master Plan Modification Citrus Park PUD MPMP 96-003 DEPARTMENTS IINCLUDE I REJECT i5. Amend the drawing to show compliance x with conditions of approval of the previous master plan modification (Planning and Zoning Department File No. MPMD 95-002) identified in Planning and Zoning Department : Memorandum No. 95-247. 16. It is recommended that instead of x ~ reducing the minimum lot frontage i for lots 22 and 23 from 55.10 feet ! to 51 feet and reducing the non zero lot line side building : setback from 15 feet to 11 feet i for both lots, that the developer ~ change lot 23 from a 55.10 foot wide house lot to a 47 foot wide open space tract of land. This 47 ~ foot wide open space tract would , be created by moving the lot line I between lot 22 and 23 I approximately 8 feet south and i dedicating the land south of the ~ new lot line as a tract with ! ownership, operation and I maintenance responsibilities to I the H.O.A., including preparation ' of landscape plans and ! installation of landscaping. i Therefore, within the frontage of i the existing lots 22 and 23 an open space tract with a 47 foot frontage and a house lot with a I 63.20 foot frontage would be i created. 7. Submission of a rectified master plan x showing compliance with the conditions I of approval for the project will be i required to be submitted to the ~ Planning and Zoning Department, in ! triplicate, prior to whichever occurs I first; the final inspection for the i pool on lot 32 or prior to the I Certificate of Occupancy being issued i for the house on lot 22. ~. PUD master plans establish setbacks for x I all units within the PUD by granting ' all the units, or groups of units ~ having similar characteristics, the : same privileges. Since the setback encroachment issue with lot 32 is only ! one case within the PUD, if the ! Commission and Planning and Development Board determine this as-built situation to be acceptable, it is recommended , that reference be deleted from the ~ master plan. In lieu of this, a i special agreement between the city and I the owner of lot 32 would be prepared ! by the city attorney, as has been done I in the past (Baytree at the Meadows I PUD), to remedy isolated encroachments I in a PUD where the city decides not to i require demolition. Page 3 Master Plan Modification Citrus Park PUD MPMP 96-003 ADDITIONAL CITY COMMISSION CONDITIONS Include Reject 19. Lot 23 be limited to 1 story house x 10. Additional landscaping be included for x lots 22 and 23. 11. Reject comment number 3. ~2. Reject comment number 6. i3. Reject comment number 8. ADDITIONAL PLANNING AND DEVELOPMENT BOARD Include Reject CONDITIONS i4. Homeowners association documents shall be revised to reflect that lots 22 and 23 Contain required landscaping, pursuant to a ~ 7/9/96 city approved master plan modification, that shall not be removed Without city approval. The documents shall Specify the number of trees/shrubs and their general location which has yet to be determined. TJH/dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: OAKVVOOD SQUARE (CASUAL MALE -BIG AND TALL) APPLICANT'S AGENT: Joseph P. Bra,qa, Proiect manager for J. Baker, Inc., owner of Casual Male - Big and Tall DATE OF HEARING BEFORE CITY COMMISSION: June 18, 1996 TyPE OF RELIEF SOUGHT: Requesting approval of an administrative appeal to staff's determination regarding proposed changes to the facade of the Casual Male - Big and Tall ou~buildin.q, the southern outbuilding located within the Oakwood Square Shopping Center. Mara specifically, the petitioner is requesting a color change of the building to employ their corporate colors. LOCATION OF PROPERTY: Oakwood Square Shopping Center, east of Congress AVenue between Boynton Beach Boulevard and Old Boynton Road ~ THIS MATTER came on to be heard before the City Commission of the City of Bo~,nton Beach, Florida on the date of hearing stated above. The City Commission having copsidered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: The approved colors are light ~re ~"~lls and green canopy. DATED: June 18, 1996 / t,_/bity Attome:L,,,/ DEVELOPMENT ORDER OFTHE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: CEDAR RIDGE ESTATES PUD APPLICANT'S AGENT: Paramount EnRineerin,q Group, Inc., a,qent for Condor Investment the property owner DATE OF HEARING BEFORE CI~FY COMMISSION: June 18, 1996 TYPE OF RELIEF SOUGHT: Requesting site plan approval to construct 110 sinRle-family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates POD. LOCATION OF PROPERTY: Southeast comer of High Rid,qe Road and Cedar Ridge Road (Parcel C and Parcel D of the Cedar Rid,qe Estates PUD) DRAWING(S): SEE EXHIBIT "~L" 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: 1. Application for the relief sought was made by the Applicant in a manner Cdnsistent 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. 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 "...~." 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: /~,~/~ DATED: June 18, 1996 Clt~'Clerk C;d vord,fn~ II I I RIAA ! f~l C [ T Yi I'1 ,L EXHIBIT "C" Conditions of Approval Project name: Cedar Ridge Townhomes - Cedar Ridge Estates PUD File number: NWSP 96-002 Reference:The plans consist of 34 sheets identified as 2nd Review, New Site Plan. File # NWSP 96-002 with a May 10. 1996 Planning and Zonina Department date stamp markina DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: NONE UTILITIES: Comments: 1. City water will not be supplied for x irrigation. Please clearly show water source for irrigation, (City Comp. I Plan, Policy 3C.3.4). i2. Only Palm trees will be permitted x within utility easements, (Sec.26. i 33(a)). 13. Sanitary sewer, as shown, does not x i connect to the existing sewer system. 14. Show existing and proposed utility x i easements (Sec.26.33(a)). 15. Palm Beach Health Department permits x I will be required for water and I sanitary sewer (Sec.26.12). 6. A Capacity Reservation Fee of x i $15.246.00 is due within thirty (30) ' days of Commission approval or upon ~ request for Director of Utilities i signature on HRS/DEP forms (Sec.20-34 ~ (E)). PIRE I Comments: NONE ~OLICE I Comments: NONE NGINEERING I Comments: i7. All plans submitted for specific x : permits shall meet the City's code ~ requirements at time of application. I These permits include, but are not : limited to the following; site , lighting, paving, drainage, curbing, i landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 18. Revise documents to reflect all x comments. i9. Project shall have underground x facilities to residential units. , Chap.2.5,Sec.9E,pg.2.5-7 i10. Provide relationship of development to x ~ proposed LUI rating. , Chap.2.5,Sec.10A3,p9.2.5-8 page 2 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS I iNCLUDE I REJECT ! 11. Provide a statement that all utilities x are available and will be provided by appropriate agencies. Chap.3,Art. IV, Sec.3R, pg.3-5 i 12. Provide a master stormwater management x plan. Chap.3,Art. IV,Sec.3T,pg.3-6 i 13. Plat review and approval required, x i Chap.5,Art. II,Sec.l,pg.5-1 i 14. Establish deed restrictions providing x for a property owners' association to i pay for the operation of a street ' light system within the development. ~ Chap.6,Art. III,Sec.14,pg.6-4 and i Chap.5,Art.V,Sec.2A4,pg.5-9 115. Sidewalks are required on both sides x i of all local and collector street. i Chap.6,Art. III,Sec.llA,pg.6-3 16. Provide certification by developer's x I engineer that drainage plan complies , with all City codes & standards. i Chap.6,Art. IV,Sec. SA,pg.6-7 and ! Chap.23,Art. IIF, pg.23-8 117. Parking lot section must conform to x ~ City code including, but not limited ~ to, parking spaces for each townhome. i Chap.6,Art. IV,Sec.10F,pg.6-12 18. Minimum street right-of-way width for x I a local street with 2 mountable curbs i is 50 feet; with swales minimum right- I of-way width is 60'. Chap.6,Art. IV, i Sec.10C,pg.6-11 19. Need SFWMD & LWDD acceptance prior to x , Engineering Division approval. Chap.6, : Art.VII, Sec.4B,pg.6-24 120. Photometrics must be approved for both x i pedestrian and parking lot lighting ~ before building permit can be issued. i Chap.23,Art. II,Ala,pg.23-6 i21. Provide a satisfactory lighting plan. x i Chap.23,Art. IIA,pg.23-6 22. Parking lot dimensions, striping, x aisles, stalls, radii, signs, ' landscaping, etc. must conform with City codes and standards. Chap.23,Art. i II,pg.23-6 23. Landscaped areas in parking lots must x be protected by wheel stops or curbs. Chap.23,Art. IIE,pg.23-7 ~24. It is recommended to locate the x meeting hall as close as possible to related parking facility and east of i proposed pool. 125. It is recommended to extend pedestrian x walkways for lefthand entrances out to : point accessible to driver. Page 3 New Site Plan Cedar Ridge Townhomes NWSP 96-002 Cedar Ridge Estates PUD DEPARTMENTS I iNCLUDE I REJECT 126. It is recommended that if Forest Road x (now a public road) becomes a private road, a consent from Cedar Ridge PUD to the north, including maintenance responsibilities, shall be granted. 127. It is recommended that for a safe x : pedestrian circulation and access to recreation area, consider a sidewalk or jogging path at the following ~ locations: a). Behind building's 3 & 4 b). North-south path between building 9,10,11 & 12,13,14 ~ c). East-west paths between buildings ~ 9 & 10 & 10 &ll 128. It is recommended that the two car x , garage parking spaces should be 20' i wide. BUILDING DIVISION i Comments: 129. All signs and entry walls or fences x ,I must be shown on the site plan in i compliance with the code. 130. Parking at the clubhouse or recreation x I building shall comply with Chapter 2, i Section 22, E (12) of the Land ,! Development Regulations. 131. The Building Division reviewed the x ! plans for site review issues only. i Building review and comments will be i handled at the time of permit I application submittal. PARKS AND RECREATION I Comments: NONE !ORESTER/ENVIROIEN ALIST Comments: ,~32. It is recommended that the x ~ preservation area site be moved from i south of the entrance road (Cedar I Ridge Road) to the southwest corner of the property. This should be indicated on the engineering and landscape drawings submitted. 33. If the preservation area site is x ~ moved, then remove all improvements and utility easements from the newly ~ located preservation area. The i preserve area shall also have a management plan for before, during and ~ after construction. ~LANNING AND ZONING i Comments: Page 4 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS I INCLUDE I REJECT 34. Submission of a rectified master plan x showing compliance with the conditions of approval for the project will be required prior to applying for a permit or replatting; whichever comes first. The rectified master plan shall be submitted in triplicate to the Planning and Zoning Department. !35. One of the conditions of the master x plan approval is to submit a plat to the Development Department of the area to be developed. This plat shall vacate any existing streets within the PUD that are desired for private i ownership. ~ 36. The submitted boundary survey does not x ~ meet the requirements of Land Development Regulations, Chapter 4 - : Site Plan, Section 7.A. The survey shall include, but not be limited to, all easements that exist on the site. The submitted survey contains a ~ surveyor note that the property was not researched for the easements and ~ other restrictions. Provide a current i survey (within 6 months) showing all easements and other restrictions. The ! survey that includes locations of ~ existing trees on the site, Sheet 25 i of 34, is dated January 19, 1995, i which does not meet city requirements. !37. To comply with the Land Development x Regulations, Chapter 4 Site Plan, , Section 7.E, provide percentage distributions for the site data. Also : break up the category, "paved areas", ~ into vehicular use area (parking and i driveways) and other paved areas ! (sidewalks, etc). 138. On the site plan, sheet 2 of 34, draw x i in all setbacks as shown on the i approved master plan. !39. Indicate on the site plan the method x of trash pick-up. 140. If colored elevations of the proposed x i structures as required by Land Development Regulations, Chapter 4 Site Plan, Section D, are not submitted to the Planning and Zoning Department prior to the Planning and Development Board meeting, it is recommended that the elevations go back before the Commission, at a future site plan approval. 41. On the site plan, Sheet 2 of 34, x include the 27 foot dimension required for the back-up space of the parking spaces serving the recreational area. Page 5 New Site Plan Cedar Ridge Townhomes - Cedar Ridge EStates PUD NWSP 96-002 DEPARTMENTS I INCLUDE IREJECT 42. Amend the homeowners' association x document to include a provision regarding unobstructed access to the "T" turn-around at the western portion of the development. Indicate a method to ensure enforcement of constant access to the "T" turn-around. Provide amended homeowners' association document for staff review. 143. Provide parking calculations for the x recreational facilities and include information regarding: a) square footage of the water area of the swimming pool and b) number of dwelling units located within a five hundred to eight hundred foot radius. Include the calculation on the site plan. i 44. A drainage permit issued by South x Florida Drainage Management District designates Veronica Lake as a dry- retention area. Amend drawings to ~ comply with the district requirements. If the retention is to be entirely wet, provide an alternate location for the required dry retention, and verify approval from the South Florida Water ~ Management District. i 45. Provide for review an agreement x between the developer and the Lake Worth Christian School regarding the use by the school of the retention area located within the PUD. Provide a statement by the registered engineer that the drainage capacity is sufficient to include the school area, the PUD and the PID areas. i 46. Provide for review an agreement x between the developer and the Lake Worth Christian School regarding access by the school through the Cedar Ridge Estates development. i 47. Eliminate discrepancies between the x Landscape Plan, Sheet 26 of 34, and the site plan, sheet 2 of 34. Major differences appear to exist specifically in the common/recreation areas. 48. On the landscape plan, Sheet 26 of 34, x draw in all utility easements. Remove all trees from these easements or provide an authorization from the owner of the easement to allow planting in these areas. Page 6 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS INCLUDE REJECT X 49. City's Land Development Regulations, Chapter 7.5 - Landscape Code, Article 50. 51. 52. II, Section 5.C sets forth minimum standards for planting materials, such as physical characteristics of the trees and shrubs, height, spread, and spacing. Amend the landscape tabulations and include these characteristics in the planting material specification for every item that is proposed. For all sub-area drawings provide a key map to allow identification of these sub-areas in relation to the entire site. Include same on the landscape plan, Sheet 26 of 34. On the landscape plan, Sheet 26 of 34, amend the planting material tabular summary to include a "landscape material required by the code" category. Also, provide relevant calculations for this category. Indicate with an identifiable symbol all native species. It is recommended that there be different color schemes for the unit clusters. On the site plan, Sheet 2 of 34, delineate housing clusters that would have the same color designation, and incorporated this into the working drawings required for permits for the project. X X ADDITIONAL CONDITIONS 1. Delete Comment 24. x 2. Delete Comment 27. x 3. Reword Comment 28 to require 20 foot x wide driveways and 18' wide interior garage dimensions for parking located inside the garage. OTHER COMMENTS: NONE T~H/dim a: ComDept. CED DEVELOPMENT ORDER .OFTHE CITY COMMISSION OFTHE CITY OFBOYNTON BEACH, FLORIDA APPLICANT: KNUTH ROAD PCD APPLICANT'S AGENT: Kiernan Kilday, Kilday and Associates, a,qent for Bill Winchester, The Winchester Family Partnership, Ltd., Owner DATE OF HEARING BEFORE CITY COMMISSION: June 18, 1996 TYPE OF RELIEF SOUGHT: Requesting approval of a si,qn pro,qram for the Knuth Road PCD. LOCATION OF PROPERTY: southwest corner of Boynton Beach Boulevard and Knuth ROad intersection DRAWING(S): SEE EXHIBIT "~__." 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: ; 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. 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 st~.ff, or suggested by the public and supported by substantial competent evidence are as s~t forth on Exhibit "C," with the 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. Oiher: ~,TED: June 18, 1996 ~lerk - ~ ICE I~1.):_ .i 1:il3'[I 0 C) o '11 III 0 Z I :]] ,.1 3NGRESS AV irlF ....... ITRIITI1 / ......... i I', EXHIBIT "C" Conditions of Approval Project name: Knuth Road PCD File number: MSPM 96-004 Reference:The plans consist of 1 sheet identified as 1st Review. Major Site Plan Modification. File # MSPM 96-004 with a May 20, 1996 Planning and Zoning Department date stamp marking. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS i Comments: NONE UTILITIES i Comments: NONE i 1. Proposed utility easements are not x shown. No structures or footers are permitted in utility easements I (Sec.26.33(a)). ~IRE i Comments: NONE POLICE : Comments: NONE ENGINEERING DIVISION i Comments: NONE BUILDING DIVISION ! Comments: I1. Sign "B" is not consistent with the x i design of the rest of the shopping i center signs. 12. All signs shall meet setbacks to the x , ultimate right-of-way (see Land Development Regulations, Chapter 21 i Signs, Article III, Section 5 i Setbacks). 3. See definition, Land Development x ~ Regulations, Chapter 1, Article II i Definitions: Sign, Area of. 4. Outparcels for station and bank gas i have a maximum of 64 sq. ft. of i signage and the shopping center will ~ have a maximum of 160 sq. ft. of i signage. ~ARKS AND RECREATION ~ Comments: NONE FORESTER/ENVIRONMENTALIST ,~Comments: NONE PLANNING AND ZONING i Comments: Page 2 Major Site Plan Modification Knuth Road PCD MSPM 96-004 DEPARTMENTS INCLUDE REJECT From the site plan, eliminate the note regarding future sign color determination for the shopping center. The colors requested for approval are red and blue in addition to white and black and represent the maximum number of colors allowed by the Community Design Plan. Additional colors must be granted by filing an appeal. Indicate on the plan that black, white, red and blue are the approved sign colors for the PCD and the remaining wall signage for the project will comply with the regulations identified in the Sign Code and Community Design Plan of the city's Land Development Regulations. Ail signs, with the exception of sign type "B" have round tops. In order to unify signage, which is the purpose of the sign program and the PCD, redesign sign type "B" to match the shape of the remaining signs. Indicate setbacks of all signs and provide dimensions for these setbacks from the ultimate right-of-way. All setbacks should be a minimum of ten (10) feet. Show on the plan all existing and/or proposed easements within the PCD to eliminate potential conflicts between these easements and sign locations. It is recommended that the number of freestanding signs be reduced from six (6) to four (4), by combining signs type D and C facing Boynton Beach Boulevard and signs type B and C at the Knuth Road entrance, since the number of signs is excessive and located closely together. 10. As required by the sign code, show on the permit drawings landscaping around the base of all freestanding signs. x x x x x ADDITIONAL PLANNING AND DEVELOPMENT BOARD ~ONDITIONS 2. Delete comment 9. x 2. Sign type B shall be redesigned to not x exceed the size of sign type D. 3. All freestanding signs shall have x curved tops. ADDITIONAL CITY COMMISSION CONDITIONS il. To be determined. ~A/~= TJH/dim