Minutes 12-17-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, DECEMBER 17, 1996, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Matthew Bradley, Commissioner
Henderson Tillman, Commissioner
Jamie Titcomb, Commissioner
Dale Sugerman, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS
A. Call to Order
B. Invocation
C. Pledge of Allegiance to the Flag
Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was offered by
Conrad Bratten of the Ascension Lutheran Church. Mayor Taylor led everyone in the
recital of the Pledge of Allegiance to the Flag.
I D. Agenda Approval
1. Additions, Deletions, Corrections
No additions, deletions, or corrections were made to the agenda,
2. Adoption
Motion
Commissioner Bradley moved to approve the agenda as presented. Vice Mayor
Jaskiewicz seconded the motion, which carried 5-0.
I1. ADMINISTRATIVE
A. Accept Resignation from Naomi Sechter, Regular member of the Library
Board
Motion
Vice Mayor Jaskiewicz moved to accept Ms. Sechter's resignation from the Library Board.
Commissioner Bradley seconded the motion, which carried 5-0.
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CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
B. Appointments to be made
Appointment
To Be Made Board
Length of Term
Expiration Date
IV Tillman** Education Advisory Board Reg Term expires 4/97
IV Tillman** Adv Board on Children & Youth Stu/Reg 1 yr term to 4/97
Mayor Taylor* Adv Board on Children & Youth Reg Term expires 4/97
Mayor Taylor* Community Relations Board Alt 1 yr term to 4/97
Mayor Taylor* Education Advisory Board Alt Term expires 4/97
I Titcomb* Community Relations Board Reg Term expires 4/98
Mayor Taylor* Board of Zoning Appeals Reg 3 yr term to 1/00
I Titcomb* Board of Zoning Appeals Reg 3 yr term to 1/00
II Bradley* Board of Zoning Appeals Alt 3 yr term to 1/00
Mayor Taylor* Library Board Reg Term expires 4/98
I Titcomb* Adv Board on Children & Youth Reg Term expires 4/97
I Titcomb* Education Advisory Board Stu Term expires 4/97
I Titcomb* Library Board Reg Term expires 4/97
TABLED
TABLED
Motion
Commissioner Bradley moved to table all appointments. Commissioner Titcomb seconded
the motion, which carried 5-0.
IlL CONSENT AGENDA
A. Minutes
1. Regular City Commission Meeting Minutes of December 3, 1996
No additions, deletions, or corrections were made to the above minutes.
Bids - Recommend Approval - All expenditures are approved in the
1996-97 Adopted Budget
Award annual contract for automotive parts/supplies to Parts
House as the main vendor with Napa being the first alternate and
S&H being second alternate
The Tabulation Committee recommended awarding this bid as stated above. The vendors
stated above are the most responsive, responsible bidders meeting all requirements.
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CITY COMMISSION
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DECEMBER 17, 1996
Award Coop Chemical and Fertilizer bid for the Golf Course and
Parks Department to various vendors on an "as needed" basis
The Tabulation Committee recommended awarding this bid to various vendors based on
the lowest, most responsible, responsive bidder meeting all specifications or, in some
cases, where it was a tie, to award the item to the vendor who is the closest geographically.
Approve one (1) year extension of bid for Annual Contract for PVC
Schedule 40 & 80 irrigation supplies to three different vendors
Purchasing requested this extension. At the January 16, 1996 City Commission meeting,
this bid was awarded in parts to three different companies. The bid will expire on
January 16, 1997, but according to the terms and conditions, the City has the option to
renew the bid and extend the prices for an additional year.
Approve one (1) year extension of bid for Coop Anhydrous
Ammonia with Tanner Industries, Inc.
Tanner Industries has agreed to extend the existing bid for an additional year. Bob
Kenyon, Deputy Director of Utilities, concurs with this recommendation.
Approve purchase (replacement) of playground equipment for
Laurel Hills and Sara Simms Parks from Gametime, Inc. (piggy-
backing School Board bid) in the amount of $28,128.00
This recommendation came from the Recreation and Parks Department.
Approve purchase (replacement) of bleachers at Little League
Park from Outdoor Aluminum (piggy-backing School Board bid)
in the amount of $11,476.00
This recommendation came from the Recreation and Parks Department.
Approve purchase (replacement) of two 1997 Ford pickup trucks
and one 1997 Ford cab and chassis for the Parks Department and
one 1997 Ford pickup truck for Vehicle Service from Duval Ford
in the amount of $65,042.00
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DECEMBER 17, 1996
See Requisition 73932 and Public Works Department Memorandum #96-259.
Approve one (1) year extension of bid for annual supply of
hydrogen peroxide with Vulcan Chemical Technologies, Inc.
(piggy-backing Fort Myers bid)
This needs to be done to prevent corrosion due to the elements in the various lift stations
to such materials as concrete, steel, electrical components, etc. and also aids in the
reduction of objectionable and dangerous odors to neighbors and employees.
C. Resolutions
Proposed Resolution No. R96-180 Re: Modification of boundary of
Foreign Trade Zone #135 to include the Quantum Corporate Park
Proposed Resolution No. R96-181 Re: Authorize execution of
contract between the City of Boynton Beach and Gee & Jansen for
temporary consulting engineering services
Proposed Resolution No. R96-182 Re: Authorize execution of Fire
Rescue Interlocai Emergency Services agreement between the City
of Boynton Beach and other governmental agencies in Palm Beach
County
Proposed Resolution No. R96-183 Re: Authorize execution of
interlocal agreement between the City of Boynton Beach and Palm
Beach County Housing and Community Development regarding Ezell
Hester Park expansion, Phase II
Proposed Resolution No. R96-184 Re: Authorize execution of
Amendment 002 to the agreement between the City of Boynton
Beach and Palm Beach County Housing and Community
Development for Phase II of Palmetto Greens Park
Proposed Resolution No. R96-185 Re: Formally request the Florida
Legislature to enact legislation pertaining to the accountability of the
Lottery Commission and the State of Florida Department of Education
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DECEMBER 17, 1996
Proposed Resolution No. R96-186 Re: Authorize execution of
easement deed between the City of Boynton Beach and the South
Central Regional Wastewater Treatment and Disposal Board to route
reuse line through Congress Avenue Community Park
Proposed Resolution No. R96-187 Re: Authorize reduction of
surety for Nautica Sound PUD Plat One to G.L. Homes of Boynton
Beach II Corporation
Proposed Resolution No. R96-188 Re: Ratification of the City
Manager's action to acquire additional Direct Access Storage Device
(DASD) on an emergency basis for the IBM AS/400 computer
D. Approval of Bills
A copy of these bills is attached to the original copy of these minutes on file in the City
Clerk's Office.
E. Payment of Bills - November, 1996
A copy of these bills is attached to the original copy of these minutes on file in the City
Clerk's Office.
Approve Request for Refund on Cemetery Lot 73A, Block N, Boynton
Beach Memorial Park
This request was made by Lurlei Van-Buskirk, daughter of Betsy S. Greer, who is interred
in Lot 73B, Block N. The purchase price was $400.00. The amount to be refunded is
$320.00.
Approve request from Fire Chaplain, Reverend Charles Brannon, to use
Station Three Community Room for a series of meeting with fire
personnel
These meetings would allow an opportunity for Rev. Brannon to provide family and
personal counseling to those firefighters who are interested in same. All participation
would be voluntary, non-denominational, and open to all faiths. The meetings will be held
once Or twice a month in the evenings.
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DECEMBER 17, 1996
Approve installation of automatic permanent irrigation system,
including well and pump system for the Rolling Green Municipal
Complex
This item is detailed in Recreation & Park Memorandum #96-568.
Approve request from Barnes & Noble to hold a festival and arts and
crafts show at the Target Center on January 11 and 12, 1997
Comments were solicited from staff and approval is recommended provided all appropriate
permits are obtained.
Approve purchase requisition for Consumers Paint & Body in the
amount of $6,970.00 to repair damaged vehicle #454
The details of this item can be found in Police Case #96-38418.
Commissioner Bradley pulled Items C.1, C.9, and H from the Consent Agenda for
discussion. Vice Mayor Jaskiewicz pulled Item C.2.
Motion
Vice Mayor Jaskiewicz moved to approve the Consent Agenda, with the exception of Items
C.1, C.2, C.9, and H. Commissioner Tillman seconded the motion, which carried 5-0.
C. Resolutions
Proposed Resolution No. R96-180 Re: Modification of boundary of
Foreign Trade Zone #135 to include the Quantum Corporate Park
Commissioner Bradley acknowledged former City Manager Carrie Parker Hill for
implementing this action and working hard to make sure this came to Quantum Park. He
also commended her and Todd Kotas, the Economic Development Director, for getting
some of the fees reduced and saving the City close to $20,000.00.
Proposed Resolution No. R96-181 Re: Authorize execution of
contract between the City of Boynton Beach and Gee & Jensen for
temporary consulting engineering services
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DECEMBER 17, 1996
Vice Mayor Jaskiewicz referred to Exhibit "A" (Scope of Services) and asked if our current
staff could provide some of those services. City Manager Sugerman advised that the City
would only use Gee & Jensen on an as-needed basis when our current staff could not
provide those services. Mayor Taylor added that this is to protect us in case we do not
have an engineer.
=
Proposed Resolution No. R96-188 Re: Ratification of the City
Manager's action to acquire additional Direct Access Storage Device
(DASD) on an emergency basis for the IBM AS/400 computer
Commissioner Bradley inquired about the cost for this well needed emergency backup.
City Manager Sugerman advised that the drives cost $6,800.00, and the cost of the
installation was $1,124.00, for a total of $7,924.00.
Nm
Approve installation of automatic permanent irrigation system,
including well and pump system for the Rolling Green Municipal
Complex
Commissioner Bradley was concerned about the needles from the Australian Pine trees
emitting a toxic substance which inhibits growth of the perimeter plants. He wondered if
the City depadments communicate effectively enough.
Charles Frederick, Recreation and Park Director, advised that this project was not
coordinated as best as it should have been. The Australian Pine trees should have been
taken out, but they were not. The proposed irrigation and removal of those trees will bring
this up to the level that we feel it should be, and will accomplish what was originally
intended. Mr. Frederick stated that in most cases, the different City departments
communicate well. In this case, there was a breakdown of communication.
Mayor Taylor asked if the City Hall Contingency Account, from which it is recommended
that the $14,000.00 be taken for this item, is the same account we are using to redo City
Hall. Mr. Sugerman advised him that it is not, and that we are using the unencumbered
reserves.
MOtion
Vice Mayor Jaskiewicz moved to approve the Items C.1, C.2, C.9, and H of the Consent
Agenda. Commissioner Bradley seconded the motion, which carried 5-0.
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DECEMBER 17, 1996
IV. CITY MANAGER'S REPORT
A. Award for Excellence in Financial Reporting
Mr. Sugerman introduced Barry Atwood, the Finance Director for the South Florida Water
Management District. He is a former GFOA (the Government Finance Officers
Association) National Executive Board Member. Mr. Atwood is very involved in
government finance. He has also served as a member and a former Chair of the GFOA's
Committee on Accounting, Auditing, and Financial Reporting, and he has been a member
of '[he Government Accounting Standards Advisory Council to the Government Accounting
Standards Board, and a member of its Agenda Committee.
Mr. Atwood presented Mayor Taylor and Diane Reese, the City's Finance Director, with
plaques and congratulated them. He advised that the Government Finance Officers
Association is becoming an international association. It has approximately 13,000
members and offices in Chicago and Washington. This particular program was initiated
in 1945 and was designed to recognize and encourage excellence in financial reporting.
It is a significant accomplishment of the City. There are about 80,000 units of government
in the United States. However, only about 2,400 (3 percent) achieve this award. The City
of Boynton Beach is among that small percentage that achieves this award nationally.
There are only about 180 in the State of Florida. Ms. Reese is responsible for preparing
the City's Comprehensive Annual Financial Report. He commended her and her staff for
the many hours that go into that report. He commended the Mayor and City Commission
for lending their support to the finances of the City.
Mr;. Atwood encouraged the City Commission, through Mr. Sugerman and the Finance
Department, to understand and review the financial position that the City of Boynton Beach
is in at any given time. He prefers to look at that in a trend as to which direction you are
moving in. He encouraged the Commission to request a session at a meeting or at a
special workshop to review your financial position (sound, continually improving,
deteriorating, or stable) and the operating results of the City so that you individually will
begin to understand it better.
B. City's Community Development Block Grant Program
Mr; Sugerman was pleased to announce that the City has been awarded a Community
Development Block Grant for Fiscal Year 1997 in the amount of $569,000.00. These funds
will be used for programs of affordable housing, homelessness, and community and
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DECEMBER 17, 1996
economic development. He thanked Wilfred Hawkins, the Assistant to the City Manager,
for seeing this grant award through to fruition.
Mr. Sugerman advised that Mr. Hawkins would like the City Commission to schedule a
workshop on the issue of being a housing and urban development entitlement city (our
HUD entitlement status) during the week of January 6.
It was the consensus of the Commission to hold this workshop on Thursday, January 9,
1997, at the City Hall in the Mall after the joint workshop meeting between the City
Commission and Planning and Development Board.
Status of RFP for privatization of Customer Relations and Meter
Reading Services
As requested at the last City Commission meeting, Mr. Sugerman provided this information
in the backup packet of the agenda.
At this time, Mr. Sugerman wished everyone happy holidays and hopes everyone has a
happy, healthy, and prosperous New Year.
V. ANNOUNCEMENTS & PRESENTATIONS
A. Announcements
City Hall will be closed December 24 and 25, 1996 for the
Christmas Holiday, and January 1, 1997 for New Year's Day
Mayor Taylor made this announcement.
Joint workshop meeting between the City Commission and
Planning and Development Board to discuss Land Development
Regulations - January 9, 1997 at 7:00 p.m. at City Hall in the Mall
Mayor Taylor made this announcement.
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DECEMBER 17, 1996
B. Presentations
Presentation of Holiday Parade Awards by Ginny Shea,
Community Promotions Supervisor
Ms. Shea thanked the following sponsors who helped put on this parade:
The Palm Beach Post, Climate Control Services, Bethesda Memorial Hospital, Main Street
Car Wash, Fidelity Federal Savings Banks, The American Legion, Holiday Inn Catalina,
and Barnett Bank.
Ms. Shea explained that every year, there is a First Family Award. We send out to the
lower grade schools an essay contest form for them to fill out on why they feel their family
should be the First Family of the Annual Holiday Parade. Kyle Lemon from St. Joseph's
School won that award. That entitled him and his family to ride in the parade and act as
our First Family.
Mayor Taylor joined Ms. Shea at the podium and presented the following awards:
Mayor's Choice Award
Most Outstanding Float
Best Church Float
Best School Youth Float
Best Marching Unit
Best Commercial Float
Best Marching Band
Best Character Costume
Judges' Award
Best City, Town, or Gov't.
Sponsored Float
The Roosevelt Marching Band
Angels of Palm Beach
The Grace Fellowship Church
St. Joseph's School
The Atlantic High School Eaglettes
Bar and Fergs Academy
Atlantic High School
Mrs. Claus, sponsored by Barnett Bank
Atlantic High School Eaglettes
The Boynton Beach Parks Division
Ms. Shea appreciated all the participants' input and enthusiasm. She thanked everyone
for being there.
2. Proclamation - Tie One on for Safety - December 20, 1996 ~
Mayor Taylor read a proclamation declaring December 20, 1996 as Tie One on for Safety
Day in Boynton Beach and called upon all citizens, government agencies, hospitals,
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businesses, and schools in Boynton Beach to make a visible commitment to the fight
against drunk driving by tying a MADD ribbon to their vehicles.
VI. BIDS
None.
VII. PUBLIC HEARING
Project:
Agent:
Location:
Description:
Boulevard Center
Charles Putman and Associates, Inc.
South Side of Boynton Beach Boulevard between South
Leisureville Boulevard and N.W. 8th Street
Land Use Plan AmendmentJRezoning/Comprehensive Plan
Text Amendment - Request to amend the Comprehensive Plan
Future Land Use Map designation of a 2.5 acre parcel from
Moderate Density Residential to Local Retail Commercial,
rezone from R-1-AA (PUD) to C-2, Neighborhood Commercial,
and amend Area 7.a of the Comprehensive Plan Future Land
Use Element to allow commercial use.
Mr. Sugerman advised that his office received a letter this afternoon from Bradley Miller on
behalf of Charles Putman and Associates, asking that this action by the City Commission
be postponed until the January 21 st City Commission meeting.
Motion
Commissioner Bradley moved to postpone this item until January 21,1997. Commissioner
Tillman seconded the motion, which carried 5-0.
City's intent to sell real property for use in the in-fill construction
program
Wilfred Hawkins, Assistant to the City Manager, explained that the City has had this
program for many years. State Statute requires us to give public notice whenever the City
intends to sell or give property away. We have identified several properties for home
construction, and we are abiding by State Statute in allowing public comment on the sale
of this property to particular home buyers.
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DECEMBER 17, 1996
Mayor Taylor invited public comment; however, no one wished to speak on this item.
VIII. PUBLIC AUDIENCE
Alice Warren lives in the Quail Run Villa development on Woolbright Road. She recently
graduated from the Citizens' Police Academy, and said it was the most valuable course she
has ever taken. She said she becomes enraged when she reads so many negative things
and attacks on the personnel in the Police Department. She felt they are doing a fine job.
She advised that Sgt. Chapman keeps a bag of toys that his mother makes in his patrol
vehicle for when he encounters situations involving young children who need to be
distracted, and he asks that his fellow officers do the same. She challenged the members
of the press at this meeting to print something nice about the Police Department.
Mike Friedland, 330 N.E. 26th Avenue, advised that at a program at Village Royale on the
Green, a check was given to the Fire Department for all the help and kindness they have
shown the senior citizens in that area. Aisc, $1,000.00 was given to the Police force as a
token of thank you for the many good things they have done.
Mayor Taylor thanked Mr. Friedland for the donation and said he was sure the Police
Department would be able to put that money to good use.
Dabble Dypold of the Fire Department thanked Mr. Friedland for his check. She advised
that donations go to things we normally could not afford, such as rescue equipment. She
also thanked the Commission for granting the employees a Christmas bonus of $100.00
worth of merchandise at Publix.
Myra Jones, 311 N.W. 4th Avenue, represented the anti-drug marchers. She thanked the
Commissioners for their cooperation and support this year, and recognized the fine Police
Department of Boynton Beach for doing a very good job this year. She said she has seen
much improvement in our communities, and presented Certificates of Appreciation to Chief
Marshall Gage and all of the officers of this fine City.
Mayor Taylor thanked Ms. Jones for her dedication and effort in continuing with the Wrice
PrOcess.
Walter Sullivan lives in Lawrence Lakes. He expressed concern about zero lot line homes
being permitted in Boynton Beach. He said they will create problems in the future.
YoUnger families with children will be moving in and there is no room amongst these
homes for these children to play. He also expressed concern about pools being built in
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Boynton Beach without proper supervision. His pool was completed about six or seven
months ago, and he still has not received his final inspection. He would like the Building
Department to supervise pool builders more closely,
No one else wishing to speak, Mayor Taylor closed the public audience.
IX. DEVELOPMENT PLANS
A. Consideration of a change to the landscaping plan for Lawrence Lakes
City Attorney Cherof explained the quasi-judicial process and swore in those who planned
to testify this evening.
Dave Stein, who works for GRB Development and Construction, was present to try to
resolve the landscaping issue in this community. He thanked all the homeowners for
shewing up tonight. He said the City has asked him to get 100 percent homeowner
approval on the landscaping in the project on Lawrence Lake Estates. He said he has
exhausted all efforts in attempting to achieve this and has still been unable to accomplish
this for a few reasons. He felt he has reached an agreement; however, some people
prefer not to sign documents, instead, they are here to show their support. He asked the
Commission to reduce the burden of the 100 percent down to what the homeowner articles
ca)l for. Page 6 of Exhibit "E" contains the by-laws from the Homeowner Association
articles. It states that for any issue other than a change to the by-laws, all that is required
is a quorum at a meeting, and a majority vote. Tonight he is seeking to reduce the 100
pe~rcent criteria for release of the bond money to the majority rule. The plan has been
approved with regard to tree counts. He has met al~ the City requirements, and he has
negotiated substantially with the homeowners to address their concerns about the
laqdscaping plan. He felt he has satisfied close to 75 percent of the people. He pointed
out that the issue of 100 percent is only a staff comment. It is not City Code or law. He
has submitted a plan that pretty much meets all the homeowners' desires and was in
possession of signed documents addressing some changes he intends to make to the
plan: He is going to add more trees, which exceeds the City's requirements. If the City
requires 100 percent approval and holds a substantial sum of his money, he will not be
able to do the planning at all because it will be cost prohibitive. He submitted a memo,
dated December 17, 1996, addressed to Tambri Heyden, Director of Planning and Zoning,
regarding revision to his October 10, 1996 letter. (A copy of that letter is attached to the
original minutes on file in the City Clerk's Office.)
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DECEMBER 17, 1996
Ms. Heyden advised that this project was rezoned a PUD in 1989 due to a number of
property owners' receivership and problems with various property owners. This project is
nearing completion, and the landscaping that is not finished. This is not unusual. We have
about 4 projects right now in the City where this is a problem. Landscaping is usually the
last thing to get completed, and sometimes the developer installs the landscaping and it
is not per the approved plan. In this case, we had surety to cover that. A year ago we
required the applicant to revise his landscape plans. Staff reviewed them and finds them
acceptable. They meet code. Staff has looked at them in terms of quantity and quality in
comparison to the original plan, and recommends that the Commission not require the 100
percent homeowner acceptance of the plan. The applicant has been working with the
homeowners for approximately five months. The berm and the fence are still issues;
however, Ms. Heyden believes them to be assets to the project.
Rich Virgil of 10 Lawrence Lake Drive spoke in favor of this request. He stated that the
residents have been working with Mr. Stein for the last six weeks to try to address
everyone's concerns. He was in possession of a document signed by 22 out of the 32
ho,meowners in the development. He said Mr. Stein has made many concessions to try
to ,appease everyone, and felt he has done an excellent job in addressing all the issues.
No one else wishing to speak on this item, Mayor Taylor closed the public hearing.
MOtion
Commissioner Bradley moved that the City not require 100 percent compliance on the
landscape plan revisions for Lawrence Lake Estates. Commissioner Tillman seconded the
motion.
Vice Mayor Jaskiewicz asked if it is usual procedure with projects of this nature to have a
percentage. Ms. Heyden said it is not. She explained that normally these kinds of
changes can be made administratively if they meet Code and there is no reduction in the
quantity and quality. We did that analysis. The quality is still yet to be verified. When the
Forester does his last inspection, he will make recommendations if there are any species
that have died. This project had drawn attention and came before the Commission when
the substitution of surety was an issue. At that time, the homeowners approached various
Commissioners about their concerns that the landscaping was not moving along, yet
C6rtificates of Occupancy were being issued. There was also concern that the developer
would leave and the landscaping would not get finished. Staff felt there needed to be more
effort on the part of the developer to see that the plan was acceptable to as many people
that live there as possible.
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Ms. Heyden confirmed for Vice Mayor Jaskiewicz that this approval would not release the
funds until final approval has been granted. She advised that this action allows us to issue
the landscape permit and the grubbing permits. Then the developer will finish the
landscaping and call for a final inspection. If the final inspection meets staff approval, the
bond will be released.
The motion carried 5-0.
az
Project:
Agent:
Owner:
Location:
Description:
Quantum Park PID
James G. Willard
Quantum Associates
West side of the intersection of Interstate 95 and Gateway
Boulevard
Use Approval - Request to amend the Quantum Park list of
permitted uses to allow cosmetic manufacturing on lots
designated as industrial on the master plan.
Mr. Willard requested that Item XI.A.3 be moved up on the agenda because it relates to
this item and the next item.
Motion
Commissioner Bradley moved to move up Item XI.A.3 to Development Plans.
Commissioner Titcomb seconded the motion, which carried 5-0.
Project:
Agent:
Owner:
Location:
Description:
Quantum Park PID
James G. Willard
Quantum Associates
West side of the intersection of Interstate 95 and Gateway
Boulevard
Master Plan Modification - Request to amend the previously
approved PID master plan in connection with an amendment
to the DRI to change the use designation of lots 32, 33, 34A,
34B, 35, 36, 37 and 38 from Office to Office/Industrial/Reseamh
and Development to allow a proposed manufacturing use and
to change the use designation of lots 80, 81 and 82 from office
to industrial/commercial.
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DECEMBER 17, 1996
Xl. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
Proposed Ordinance No. O96-65 Re: Approving BGI proposal to
amend the Development Order of the Quantum Corporate Park DRI
(Development of Regional Impact)
Mr. Willard introduced the Project Manager for BGI Industries, and Susan Delegal of
Holland & Knight, BGl's attorney. With regard to the use approval, Mr. Willard stated that
BGI will be manufacturing cosmetics and perfume only. Therefore, he requested that any
reference to jewelry in staff's report be deleted.
With regard to the master plan modification, Mr. Wiliard had no objections to staff's
recommendations. Ms. Heyden deferred her comments to Item XI.A.3 because one of the
comments with regard to the master plan modification regards the removal of a note on the
master plan.
With regard to the proposed ordinance, Mr. Willard said the applicant would like to delete
that portion of paragraph 1 after the word "approved" in the third line. He would like to
delete the removal of note 4 on the existing master site development plan. This note was
inserted in July when we had the public hearing for the approval for the CarMax. There
were a number of retail uses spread over 20 plus lots throughout the project, and there was
some debate about where the retail was going to be. Greg Stuart from the Department of
Community Affairs was present that evening and participated in the wording of that note
which we added to the development plan. Mr. Wiltard said he spoke to Mr. Stuart
yesterday, and he still has no objection to that language and, therefore, he proposed not
changing it since it was specifically negotiated and put on the plan in July. He saw no
reason to change it because of the change before the Commission this evening, which
deals with the BGI lots.
Mr. Willard stated that paragraph 2 of the ordinance deals with Quantum paying
$16,098.16 worth of fees. He advised that a check has been cut to the City. If it has not
been received today, it will be here tomorrow. He would not like to have that in the
ordinance. Once it is in the ordinance, it is there forever and he will be constantly asked
for estoppel letters to make sure it was paid. He advised that he has paid all the fees due
in the past and will pay this one as well.
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Ms. Heyden said she has received correspondence from Treasure Coast and verbal
communication from DCA putting the City on notice that we have not followed state law
procedurally regarding this amendment. The issues where we have not followed State taw
are regarding the minimum processing time since the application was received and the
date of this approval, and also regarding the public notice. We have not met the minimum
notification period for a public hearing. We are holding a public hearing because of the of
the ordinance, not necessarily the DRI amendment. She did not know whether or not DCA
will appeal that. That can be a minor point; however, the major issue is whether or not this
is an additional regional impact. They have put themselves on the line and have said that
they do not believe it is. Therefore, it really depends whether or not they have the
resources to appeal this. Commissioner Bradley asked if DCA, as well as Treasure Coast,
offered that opinion. Ms. Heyden answered affirmatively.
Ms. Heyden reminded the Commission that there was a great deal of discussion about the
inflexibility of the master plan during the last DRI amendment. With the last master plan
change, the applicant indicated a lot of options on different lots. That made it very difficult
to review the impact of the project on traffic because it is very hard to determine what the
impact will be. traffic-wise for any given lot when you have all these different options on it.
The road that could be very impacted is the intersection at Gateway and High Ridge Road.
We do not have a Traffic Engineer on staff and need to rely on Treasure Coast, DCA, and
the Palm Beach County Engineering Department to assist us in reviewing that. Yesterday
she received a telephone call from the Palm Beach County Engineering Department
regarding a traffic study that was just sent to them for the CarMax. This has become so
complicated that they do not know how to review it.
The applicant knows he needs to get this master plan in a form that they can have a trade
off mechanism to allow the flexibility he wants but yet provide the State, the Region, and
the City a level of comfort that the tradeoffs will not result in additional impacts. Therefore,
she recommended that the Commission remove note number 4 until the revised master
plan comes in. Treasure Coast has offered to sit down with Mr. Willard and Quantum to
work out the details of how we can change the master plan. If note number 4 is not
removed, the State is taking the position that this violates State law. If we process an
amendment, they will get involved.
Mr, Willard stated that the issue of what notice requirements are applicable under State law
for the particular DRI amendment that we are processing today is open to interpretation.
He assured the Commission that his conversations with the DCA, which is the only entity
other than the State and the landowner that can appeal a DRI amendment, are that they
are extremely pleased with the proposed use of BGI for the purposes being sought and
17
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
have no interest in appealing this. He was confident that will not occur. He will do nothing
to impair or prejudice the approval this evening that would prejudice BGI's moving forward
with the project. In July, Mr. Stuart from DCA was here and note 4 was inserted on the
development plan. DCA did not appeal it. Jim Snyder from the Region wanted them to
appeal it, but they did not. They said it was a local issue and the retail could be moved
around. It has nothing to do with the change before the Commission this evening.
Mr. Willard said he has received authorization from his client to retain Kimley-Horn, an
engineering firm. We received a proposal to develop a matrix of land uses to negotiate
with the City, the Region, and the State so that in the future we can process a DRI
amendment to provide some parameters for moving around the land uses within Quantum
Park without having to go through a DRI amendment every time we want to change a
description on a lot. The primary purpose of the change tonight is to take office lots and
call them office/industrial/research and development. Since 1985 when the DRI was
originally approved, every lot in Quantum has a specific land use label on it which we have
understandably moved around over the years. Now the way that is done in DRIs is a land
use matrix where local government, the Region, the State, and the landowner can agree
upon some parameters within which he can move land uses without having to go through
the DRI process. However, it still requires City approval, and we will do that. We do not
have that done as of tonight. However, when that is done, the retail uses will go through
that matrix and evaluation, as will the office, the industrial, and the research and
development. Since he had the benefit of getting the retail uses pretty much carved out
of the DRI review process last July, he would rather not throw them back in again tonight.
Ms. Heyden trusted Mr. Willard to pay the fee and, therefore, was willing to delete
Comment 4 from Exhibit "D", Item IX.D, and from the ordinance. City Attorney Cherof
advised that the ordinance will be modified to reflect ail of the comments that the
Cdmmission approves tonight.
Ms. Heyden was happy to hear that Quantum has decided to go ahead with the matrix.
She felt it needs to be done. She was agreeable to taking the comment out if the matrix
is clone prior to any change in a commercially designated lot. Mr. Willard said Ms. Heyden
wild remove her objection to number 4 provided we go forward with the adoption of a land
use matrix before requesting any movement or shifting around of a commercially
designated lot from the plan today, and he agreed to this. Ms. Heyden added that this
indludes DCA and Treasure Coast's input and review of the matrix. Mr. Willard agreed.
Mayor Taylor opened the public hearing, but no one wished to address these items.
18
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Motion
Commissioner Titcomb moved to approve agenda Item IX.B, Quantum Park PID, for use
approval as presented, subject to staff comments. Vice Mayor Jaskiewicz seconded the
motion, which carried 5-0.
Motion
Commissioner Titcomb moved to approve agenda Item IX.C, Quantum Park PID, for
master plan modification. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0.
Motion
Commissioner Titcomb moved to approve agenda Item XI.A.3, Quantum Park PID, with
the removal of the reference to note 4. Vice Mayor Jaskiewicz seconded the motion.
Ms. Heyden requested that the following language be added to the motion: That the matrix
be submitted prior to any future changes in commercially designated lots. City Attorney
Cherof said that could be treated as a representation on the record that Mr. Willard
stipulates to that and it will be reflected in the record of tonight's proceeding, subject to
enforcement. It does not need to be incorporated either in the development orders or the
ordinance. Mr. Willard promised not to seek any change to a retail designated lot until the
land use matrix has been approved.
Mayor Taylor opened the public hearing; however, no one wished to address this item. A
roll call vote was polled by the City Clerk. The motion carried 5-0.
Mr. Willard thanked Ms. Heyden, Mr. Sugerman, and City Attorney Cherof for being
extremely helpful in expediting this review over the last six weeks.
Vice Mayor Jaskiewicz inquired about the closing date, and Mr. Willard hopes to close by
the end of the year.
Project:
Agent:
Owner:
Location:
Orchard Landing
Daniel Diamond
Harvey Lang
East of Federal Highway and 180 feet south of 23rd Avenue
Description: Subdivision Master Plan - Request to approve a master plan
19
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
to subdivide a 2 acre parcel into three lots for single-family
homes.
Mr. Diamond represented the owner, and is the land planner and architect for the project.
He stated that this is the most logical use of the land. It is very Iow density, and would suit
the neighborhood. He had no objections to staff comments.
Motion
Vice Mayor Jaskiewicz moved to approve the request to approve a master plan to
subdivide a 2 acre parcel into three lots for single-family homes, subject to all staff
comments in Exhibit "C". Commissioner Bradley seconded the motion, which carried 5-0.
Project:
Agent:
Owner:
Location:
Description:
Hills at Lake Eden PUD
Burlison Gentry
Frank Pinto
Northwest corner of Seacrest Boulevard and Gulfstream
Boulevard (S.E. 36th Avenue)
New Site Plan - Request for site plan approval for perimeter wall
and buffer landscaping, common area landscaping, gated entry,
preserve area fencing and signage.
Mr. Gentry represented Newport Properties, the owners of the subject property. He
advised that the site plan reflects the recommendations and requests that the Commission
had made regarding the spacing and height of the trees. The Planning and Development
Board requested additional buffering and a chain link fence in lieu of the fence with slats,
and he agreed to do that. There was also a request for return on the corners of the
southeast, southwest, and northeast sections to buffer the adjacent property, and he
agreed to do that. He said the developer is in agreement with the balance of the staff
comments.
Mayor Taylor asked how far the returns would go. Mr. Gentry said the Planning and
Development Board recommended 20, and he agreed to that.
Stella Rossi, 625 Whispering Pines Road, asked for additional trees on the south and
north buffer. She asked if the applicant is speaking to this. Mr. Gentry stated that what
was recommended was 2' on center, a 2" high hedge, along with the fence. The buffering
will be changed from slats to a hedge. Ms. Rossi did not think a 24" hedge is sufficient.
She stated that if this is the code requirement, the code is ancient, She asked the
20
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Commission to instruct the proper department to update the landscaping code. She has
seen other projects in the City which are not pleasing, have skimpy, non-native trees, and
the least amount of shrubs. Mayor Taylor advised that we will look into that.
Motion
Commissioner Tillman moved to approve Item IX.E, request for site plan approval for
perimeter wall and buffer landscaping, common area landscaping, gated entry, preserve
area fencing and signage, subject to alt staff comments. Vice Mayor Jaskiewicz second
the motion.
Commissioner Bradley inquired about the hedge material. Mr. Gentry said it is a native
species, which will be planted at 24" and would be allowed to grow to 6'.
The motion carried 5-0.
Project:
Agent/Owner:
Location:
Description:
Whipowill Arms
Burton Metsch
515-513 S.E. 4th Street
Time Extension - Request for a second one year time
extension for concurrency and site plan approval.
Mr. Metsch asked for this second one year extension because during the first year
extension, nothing happened in downtown Boynton Beach. The lending institution that he
is doing business with feels that, in view of the fact that there is no direction in that area,
that this may not be a proper thing to do at this particular time.
Mr. Metsch said staff only wants to give him six months instead of 12 months because
there is a new plan that is going to be done for Federal Highway, which may influence his
piece of property. He was willing to stipulate that if the new plan changes his use, he will
abide by the new plan. If he cannot build what he wants to build, he will withdraw his
application.
Mr, Metsch said this is the first time he is aware of a use fee. If he has to pay over
$21000.00 within 30 days of the granting of the one year extension, in essence, he is only
getting a 30 day extension. He did not intend to pay that amount of money until he is ready
to do something with the property. He did not feel it is fair to ask him now to pay this
money when he is not doing anything with the property other than what it is presently being
used for.
21
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Ms. Heyden advised that the Planning and Development Board recommended denial of
this time extension. She advised that a reservation fee is required for all projects. Mr.
Metsch does not want to pay this fee; however, it is required in exchange for granting an
approval. This fee should have been paid a year ago.
Mr. Metsch said this fee was never mentioned in any of the correspondence. If he had
been aware of this, he would not have spent money on the site plan, etc., to know that he
had to do something within 30 days. He is ready, willing, and able to proceed to do
something. The problem is that nothing is happening in the area.
Mayor Taylor pointed out that this was originally approved in February, 1995, and at that
time, we had not pushed development of the marina. Mayor Taylor said he never heard
Mr. Metsch mention the marina when he was trying to get the site plan approved. Mr.
Metsch said the original site plan had nothing to do with the marina. It was based on
anticipation of what was going to happen in the area based on the general publicity or
feeling that something was going to happen in the marina area.
Vice Mayor Jaskiewicz could not imagine how a 39 unit motel/apartment building would be
conducive to improving that area. Mr. Metsch pointed out that the property is zoned for
this.
Maurice Rosenstock, One Villa Lane, pointed out that individuals constantly seek time
extensions. He said this particular request is complicated because Mr. Metsch never paid
the original fee for the first extension. He expressed concern about creating a precedent,
and felt Mr. Metsch should pay the fees like anybody else has to do. He also stated that
the regulations were set forth to prevent people from speculating, getting permits, waiting
for an area to develop, and then selling those parcels.
Motion
Commissioner Tillman moved to deny Item IX.F, request for a second one year time
extension for concurrency and site plan approval. Commissioner Titcomb seconded the
motion, which carried 5-0.
22
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
X. NEW BUSINESS
Impasse Hearing - City of Boynton Beach/Sergeant's and Lieutenants's
FOP Bargaining Units
Mr. Sugerman distributed a letter that his office received yesterday from the Chief
Negotiator for the Fraternal Order of Police requesting to withdraw the request to go to
impasse before the City Commission and be able to return to the bargaining table. He
recommended that this item be stricken from the agenda.
Motion
Commissioner Bradley moved to strike this item from the agenda. Commissioner Titcomb
seconded the motion, which carried 5-0.
At 8:09 p.m., Mayor Taylor declared a recess. The meeting resumed at 8:20 p.m.
B. Items for discussion requested by Commissioner Matt Bradley
1. Scheduling a Board Orientation Workshop in the Spring of 1997
Commissioner Bradley asked the Commission to think about holding a half day or whole
day board training and orientation workshop for all the City boards. He felt this would be
a good way for the members of the different boards to meet and get to know one another.
He suggested splitting it up so that the boards that focus on planning, zoning, and building
meet together, and the boards that focus on Children and Youth, Education, and
Community Relations meet together. He advised that quite a few of the boards, especially
the advisory boards are not clear what it is that we expect of them or about their scope of
work. He felt some of the boards could benefit from formalized training, such as how to
work as a group and bring agenda items forward, and that everyone could benefit from
getting together and talking about the issues that face the City.
Vice Mayor Jaskiewicz advised that the City did have this in the past, and each chairperson
would explain the function of their board. However, she felt it would preclude some from
attending if it were held in the daytime. She suggested it be held after April, when all the
new board members are appointed to the boards.
23
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Xl. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
Proposed Ordinance No. O96-55 Re: Amending Chapter 5 of the
Land Development Regulations, Platting T/~B Fi-)
Motion
Commissioner Bradley moved to remove this item from the table. Commissioner Titcomb
seconded the motion, which carried 5-0.
Attorney Cherof read Proposed Ordinance No. O96-55 by title only.
No one in the audience wished to address this ordinance.
Ms. Heyden advised that she discussed this ordinance with Bill Hukill. This evening she
spoke ofthe problems experienced with landscaping at Lawrence Lakes Estates. We have
a similar problem with about four or five other projects. It is a private improvement, is on
common area, and it is dedicated to homeowners associations. The problem is that if you
do not have some kind of hammer to ensure that it gets put in simultaneously with the units
going up, it is the last thing to be done, and sometimes it never gets done. This is an
argument that surety is not the way to do this; however, when you are holding somebody's
money, they are more apt to move along with something so that they can get it back. She
was concerned that this ordinance specifically sets forth that we would not collect surety
for privately owned and maintained improvements.
City Attorney Cherof said his discussion with Mr. Hukill in conjunction with drafting this was
that he felt that there was no necessity to require the bonding or the surety in association
with a part of the project that was not ultimately going to be turned over to the City.
Secondly, by being involved with a surety being posted for those types of improvements
(improvements not being turned over to the City), that the City was placing itself in a
position of acting as a guarantor of that improvement being completed. In that sense, what
would occur is if the developer did not do it, the City would call upon the surety. If and
when the surety was paid over to the City without a dispute regarding it, then the City would
use those funds to complete the improvement. It was this concept that Mr. Hukill felt put
the City in a position that perhaps the City did not want to be in, which was making
improvements to private property which would not be owned by the City.
24
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Maurice Rosenstock, One Villa Lane, said the City has to take some responsibility to
protect its inhabitants. People buy houses or condos in good faith, hoping the developer
is going to fulfill his promises. Developers have them post surety for roads and utilities.
He did not think this was any different. He did not think it was wrong to ask a developer
to be sure he does everything he has promised to do on the plans that he filed with the
City.
Vice Mayor Jaskiewicz did not know how we could have resolved the Lawrence Lakes
Estate issue if we were not holding that surety. She pointed out that they were switching
owners and not living up to the responsibility of the original plan. She felt we should have
something for landscaping on the PUDs.
Commissioner Bradley asked if any of the land that they were landscaping at Lawrence
Lakes going to be conveyed to the City. Ms. Heyden stated that the developer has control
over it. Once he is through, he dedicates it to the homeowners association to maintain.
What happens if the developer leaves and the homeowners have been having to complete
it, paying for it out of their own pockets. According to this ordinance, we will not collect
surety for any privately owned and maintained improvement, including private roads.
Commissioner Bradley agreed that we should hold that money.
City Attorney Cherof recommended tabling this item. He said this was pulled out of the
general sequence of the approvals of the Land Development Regulations because there
was one specific project (the Vinings) that Mr. Hukill was dealing with that was impacted
byit. Rather than modify it or deny it without knowing the details of how it interplays with
that project, he recommended tabling it.
Motion
Commissioner Bradley moved to table Proposed Ordinance No. 96-55 to the workshop on
January 9, 1997. Commissioner Tillman seconded the motion.
Discussion ensued regarding what impact the tabling of this item would have on the
Vinings project and their and their relationship to the County regarding impact fees. Mayor
Taylor believes this involved substantial dollars to the City.
The motion carried 5-0.
25
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Proposed Ordinance No. 096-64 Re: Rezoning/modification of
Planned Commercial Development (PCD) for Boynton Commons
Attorney Cherof read Proposed Ordinance No. O96-64 by title only.
No one in the audience wished to address this ordinance.
Motion
Commissioner Bradley moved to approve Proposed Ordinance No, 96-64. Commissioner
Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion
carried 5-0.
Proposed Ordinance No. O96-65 Re: Approving BGI proposal to
amend the Development Order of the Quantum Corporate Park DRI
(Development of Regional Impact)
This item has been dealt with earlier in the meeting.
THE FOLLOWING ORDINANCES SHOULD REMAIN ON THE TABLE UNTIL THE JOINT
WORKSHOP BETWEEN THE CITY COMMISSION AND PLANNING AND
DEVELOPMENT BOARD ON JANUARY 9, 1997:
Proposed Ordinance No. O96-49 Re: Amending Chapter 1 of the
Land Development Regulations, General Provisions TA~ ~
Proposed Ordinance No. O96-50 Re: Amending Chapter 1.5 of the
Land Development Regulations, Planning & Development Generally
TABLED
Proposed Ordinance No. O96-51 Re: Amending Chapter 2 of the
Land Development Regulations, Zoning T/~R Fn
Proposed Ordinance No. 096-52 Re: Amending Chapter 2.5 of the
Land Development Regulations, Planned Unit Development TAB FF)
Proposed Ordinance No. 096-53 Re: Amending Chapter 3 of the
Land Development Regulations, Master Plan Review TAB
26
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Proposed Ordinance No. 096-54 Re: Amending Chapter 4 of the
Land Development Regulations, Site Plan Review
10.
Proposed Ordinance No. 096-56 Re: Amending Chapter 6 of the
Land Development Regulations, Required Improvements
11.
Proposed Ordinance No. 096-57 Re: Amending Chapter 7.5 of the
Land Development Regulations, Environmental Regulation T/~B F4~
12.
Proposed Ordinance No. 096-58 Re: Amending Chapter 8 of the
Land Development Regulations, Excavation and Fill Regulations
TAELED
13.
Proposed Ordinance No. 096-59 Re: Amending Chapter 9 of the
Land Development Regulations, Community Design Plan T/~B FO
14.
Proposed Ordinance No. 096-60 Re: Amending Chapter 20 of the
Land Development Regulations, Buildings, Housing & Construction
Regulations T,~¢~ FO
15.
Proposed Ordinance No. O96-61 Re: Amending Chapter 21 of the
Land Development Regulations, Signs T/~ FO
16.
Proposed Ordinance No. 096-62 Re: Amending Chapter 22 of the
Land Development Regulations, Streets and Sidewalks T/~I FD
17.
Proposed Ordinance No. 096-63 Re: Amending Chapter 23 of the
Land Development Regulations, Parking Lots
B. Ordinances - 1st Reading
Proposed Ordinance No. 096-66 Re: Amend Part 3, Chapter 2,
Section 4.J of the Land Development Regulations to permit ten (10)
foot high hedges along property lines of golf courses, golf driving
ranges, interstate highways and railroad tracks
Attorney Cherof read Proposed Ordinance No. 096-66 by title only.
2?
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. O96-66.
Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk.
The motion carried 5-0.
Proposed Ordinance No. 096-67 Re: Amending Part II, Chapter 2,
Article V of the Boynton Beach Code of Ordinances providing a
schedule of violations and penalties to be assessed by code
enforcement officers
Attorney Cherof read Proposed Ordinance No. 096-67 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. O96-67. Commissioner
Bradley seconded the motion. A roil call vote was polled by the City Clerk. The motion
carried 5-0.
City Attorney Cherof advised that the passage of this ordinance will greatly enhance our
ability to proceed through County Court on Code Enforcement matters where the Courts
have traditionally treated our requests for fines of for instance $100.00 in the nature of a
$25.00 fine. This fixes those amounts so that the judges de not have the discretion, on a
first offense, to play around with the money that we need to recoup the administrative costs
of enforcement.
Mayor Taylor wished to add to the schedule of violations a penalty of $100.00 for loud
music that causes a nuisance. He advised that In his neighborhood, boom boxes are
played at midnight. He has called the police on several occasions, but he is not sure they
have any way of citing these people.
City Attorney Cherof advised that there are a number of provisions in the Code that could
be used to cite noise violations. He will revise this ordinance to fix the fine at $100.00 for
second reading.
C, Resolutions
None.
28
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Other
1. Approve Settlement Agreement with Daniel Maxime
ATTEST:
City ~lerk
Recording Secretary (Three Tapes)
adjourned at 8:44 p.m.
CITY OF BOYblTON BEACH
rv~ayor. .~,//
Com~issi0ner
mJssioner
29
Staff recommended approval of this claim for $10,000.00.
Motion
Commissioner Bradley moved to approve this settlement. Commissioner Tiltman
seconded the motion, which carried 5-0.
Xll. UNFINISHED BUSINESS
None.
Xlli. OTHER
None.
XIV. ADJOURNMENT
There being no further business to come before the City Commission, the meeting was
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OFBOYNTON BEACH, FLORIDA
APPLICANT: Frank Pinto - Hills at Lake Eden PUD
APPLICANT'S AGENT: Burlison Gentry
DATE OF HEARING BEFORE CITY COMMISSION: 12/17/96
TYPE OF RELIEF SOUGHT: Request for site plan approval for perimeter wall and
buffer landscapin,q, common area landscapin,q, gated entry, preserve area fencing and
si,qna,qe.
LOCATION OF PROPERTY: Northwest corner of Seacrest Boulevard and
Gulfstream Boulevard (SE 36th Avenue)
DRAWING(S): SEE EXHIBIT"B" 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.
2. The Ap_p~cant
V___ HAS
__ HAS NOT
established by substan~31 competent evidence a basis for the relief requested.
/
3 The Applicant's application for relief is herebY
~ GRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
__ 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,
6. Other:
DATED: December 171 1996
~ City¢Clerk ~ ._._
LOCATION MAP
HILLS OF LAKE EDEN
EXHIBIT "C"
Conditions of Approval
Project name: Hills at Lake Eden
File number: NWSP 96-011
Reference: The plans consist of 7 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-011 with a November
27, 1996 Planning and Zoning Department date stamp markinq.
DEPARTMENTS I INCLUDE I REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments:
1. A capacity reservation fee will be required within thirty (30) days of City Commission
approval, or upon request for the Utilities Director's signature of the HRS/DEP
permit applications. The fee amount wilI be determined based upon meter size or
e×eected demand. (Sec. 26-341'E]~.
FIRE
Comments: NONE
POLICE
Comments: NONE
DEVELOPMENT DEPARTMENT
Comments: /
2. It appears that the revised drawings do show a scaled drawing for proposed
entrance wall signs. However, the sign panel as shown appears to exceed the
maximum area of 32 square feet as provided for in Chapter 21, Article IV, Section
1D of the Land Development Regulations and must be reduced in size accordingly.
PARKS AND RECREATION
Comments: /
3. Since the number of residential units has been reduced from 62 to 56 single family ,,,/
units, the recreation dedication requirement is:
56 single-family units x .0180 acres/d.u. = 1.01 acres.
4 Recommend cash oavment in lieu of land.
FoREsTER/ENVIRONMENTALIST
Comments:
5. As specified in note 22 of the master plan, show with a distinguishable symbol on
the site landscape plan the location, size and specie of the existing trees required /
to remain on the site. Also indicate, on the landscape plan, whether the tree is being
relocated or a new tree is replacing a tree that cannot be relocated. The quantity
of existing trees to remain on the site shall be documented on the [andscepe plan.
The quantity of trees to remain shall be consisfent with the determination made by
the City Commission on February 20, 1996.
6. A City of Boynton Beach Building permit shall be required to remove, relocate and
or replace trees at the subject project.
7. Place a note on the drainage plan and landscape plan, within the tree preserve
areas, indicating the location of the tree preserve fence that shall be instaIled
consistent with the location specified in the tree management plan.
8. A City of Boynton Beach building permit shall be required to install the preserve area
fencing.
Page 3
Hills at Lake Eden
File No.: NWSP 96-001
PLANNING AND ZONING
Comments:
9. Correct the inconsistency between the taupe background color for the wall signs
identified on the submitted plans and the Rushmore (Behr-C40-30) color shown and
specified on the color elevation drawings. Where applicable, identify on sheet 6 of
7 the color code and manufacturer of the taupe color proposed on the plans for the
background color of the wall signs. [LDR, Chapter 4 - Site Plan Review, Section 7.
D.1 .]
10. The total area of undisturbed preserve area shall not be less than 1.29 acres as
indicated on sheet 1 of 7 of the current submittal or as approved by the city
forester/environmentalist The 1.29 acres may include the required Fire Department
access area. Submit a copy of the preserve area management plan approved with
the master plan/rezoning for staff to determine where the exact location of the fence
was approved (on tract line vs. inside the tract line).
11. For clarity in depicting the area where the platted lots abut the undisturbed preserve
area it is recommended that a dimensioned typical section view drawing of the area
be added to the landscape plan. Identify and include in the section view drawing the
following improvements proposed: the edge of the buildable area of the homes, the
buildable area for pools and screen roof enclosures, the preserve area tract line, the
proposed fence (type and height) and the undisturbed preserve area.
12. Amend the typical Swinton Avenue landscape plan to show, dimension and label the
approved rear building setback of 29 feet from Swinton Avenue and include a
symbol that represents the required 25 foot rear setback for pools and screen roof
enclosures. All setbacks are dimensioned from the property lines and shall match
the dimensions on the approved master plan. Omit the incorrect rear setback
reference of +I- 9'.
13. As discussed at the TRC meeting, the applicant shall provide a utility easement
along the south side of the main entrance to the project. Show on the drainage and
landscape plans the location, type and size of the easement. Where applicable,
remove trees from the easement.
14. Specify on sheet 6 of 7, the color name, color code and manufacturer proposed for
the colors of the wall sign. [LDR, Chapter 4 - Site Plan Review, Section 7.B.2.]
15. Identify on the plan, the dimensions of the proposed wall sign. The dimensions of
the wall sign shall comply with the sign code regulations. [Chapter 21- Signs, Article
IV, Section 1 and 7]
16. It is recommended that the proposed wall signs be approved administratively,
subject to the signage complying with the sign code regulations and the sign
specifications listed in the community design plan.
17. Identify on the drainage plan the height of the berms proposed along the north, east
and south property lines. Also, add to the landscape plan the proposed berms and
indicate the slope of each berm.
18. It is recommended that the 40 watt fluorescent light fixture proposed to illuminate the
walls signs be ground mounted and directed towards the face of each wall sign.
, Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425.0310
City Haft: (407) 3?S-bO00
FAX: (407) 375-6090
DE LOP E
America's Gateway to the Gulfstream
SPECIFIC REDEVELOPMENT FOR
MARTIN LUTHER KING,JR. BOULEVARD
TARGET AREA
Summary of the September 6, 1996
"The Martin Luther King, JR. Blvd. Corridor Advisory Panel: An Urban
Redevelopment Challenge"
The original three block target area should be expanded to Boynton Beach Blvd.
to the south, C,16 Canal to the north, the Intracoastal Waterway to the east, and
Interstate 95 to the west.
Develop a master plan for the target area and specifically for Martin Luther King,
Jr. Blvd. The master plan should be specific to zoning, land use, design criteria, and
traffic/transportation.
Allow potential developers to provide ideas into the plan of what is feasible in terms
of building capacity and costs.
Through competitive process determine the redevelopment partners; private sector
developers and/or non profit redevelopment organizations.
The established public/private partnership will determine the financing vehicles to
be utilized for the projects.
The public entity moves forward with land assemblage based upon master plan
requirements.
Establish a time frame for the various phases of development on the basis of
expediency for overall completion.
The major objectives stated by the panel relative to the Martin Luther King, Jr. Target Area
is to a) increase the population base, b) raise property value with new construction, c) this
will attract more commercial applications to the area and redevelopment would be
complete. As previously stated, citizens should be allowed to express their ideas and their
good ideas should be used toward the formulation of a master plan for redevelopment.
REDEVELOPMENT STRATEGIES
·
·
·
·
·
MASTER PLAN FOR {RE} DEVELOPMENT
ASSEMBLAGE OF LAND
PUBLIC/PRIVATE PARTNERSHIP
CITY FINANCIAL COMMITTMENT
COMMUNITY REDEVELOPMENT AGENCY LEAD
DEVELOPMENT STRATEGIES
SPECIFIC STEPS
MASTER PLAN FOR {RE}DEVELOPMENT
A master plan should be produced to provide direction for {re}development
in target areas.
Citizens should be a part of producing the master plan. Including ideas from
citizens living within the target areas is critical to "buy in" of the final product.
Potential developers should be required to use the master plan as a guide
[or development in the target areas. However, some flexibility should be
given developer to be creative with specific development applications to the
master plan.
ASSEMBLAGE OF LAND
The City should take the lead in assembling land for development in target
areas.
The City should gain control of as much of the land that is identified in the
master plan for redevelopment.
Co
The City should be willing to use eminent domain to obtain property if
necessary.
Developers prefer vacated land with limited owners which expedites projects
from the developer perspective.
PUBLIC/PRIVATE PARTNERSHIP
Redevelopment projects that have been the most successful have been done
through public/private partnerships.
The partnerships may include private sector developers and/or non-profit
community development organizations. There may be enough redevelopment
target areas that partnerships with both private sector developers and non-
profit community development organizations ~s possible. The category of
redevelopment and specific target area locations may be the influencing
factor in the formulation of partnerships,
The partnerships are usually developed based upon the "level of interest"
expressed by the private sector developers and non-profit community
development organizations. This is driven by the Citys' expressed
commitment to redevelopment and a viable master plan.
CITY FINANCIAL COMMITMENT
The City should contribute financially to a redevelopment project.
Developers and non-profit organizations count on and expect
this from a City. This is a key component of the expressed commitment
from a City.
The financial commitment includes: 1) land assemblage, 2)
abatement of development fees, 3) cash incentives, 4) bond financing,
accessing grant funds from federal and state government, 5)
leveraging Tax Increment Financing dollars, 6) explore financing
partnerships with banks.
COMMUNITY REDEVELOPMENT AGENCY ROLE
The private sector prefers to work with the least bureaucratic entity.
In Florida municipalities the entity that fits this criteria is usually a
specialized body.
The Community Redevelopment Agency (CRA) as set forth in Florida
Statute 163.356 (see attachment) is usually that specialized entity.
The CRA can be the municipal governing body or a separate board
appointed by the governing body.
A separate CRA should have a professional staff that clearly
understands community redevelopment, the development process,
and the developers perspective.
SPECIFIC COMMENTS FROM DEVELOPERS
Excerpts From Minutes of Redevelopment Forum
Held September 6, 1996
General Comments
1. Mr. Milton Jones - He stated that there is a need for assemblage of land.
Assemblage of land inhibits development because it takes an inordinate amoun[ of time
to negotiate with each individual landowner in order to get the amount of land ~)ou need
to do meaningful development. It appears the best way to do that is for the City to
assemble Lhis land for development and then put an RFP out so it can be developed.
He did not think the City would be able to get a developer of any importance to use his
resources to assemble the land to redevelop it.
2; The City is going to have to do assemblage block by block, change some of the
zoning, provide incentives and tax breaks, and perhaps provide more square footage
by reducing some of the existing code requirements.
3. Mr. Borges - He said there has tc be a major effort to assemble a major piece. If
you can put together something large enough that has an impact, it can serve as a
catalyst for other things to occur. He said you cannot do a major commercial
develop ment on Federal Highway because of the railroad track. If something major is
going to happen, chances are it will happen on Seacrest. He did not envision that
because something happens there that commercial is going to spring up along MLK.
He thinks some of the land along MLK would probably best be utilized as residential.
4. Mr. Feldman - There is a lack of adequate housing and a lack of supporting
amenities (supermarket, drug store, shoemaker, etc.). There is a viable economic
mass out there that can support a central theme at MLK, given the appropriate
delineation of whatever those things are; however, it nee0s critical mass. Without a
critical mass of housing, you are not going to support sufficient commercial retail
operations. He suggested we look beyond that and expand the concentric geography.
5. If it is not capable of surviving given the very small envelope of the MLK
Boulevard area, then it needs to be expanded to take in the surrounding
neighborhoods so you get the scale and can support the grocery store and make the
good things happen. Aisc, safety is an important element.
6. Mr. Fleming asked how to get the critical mass of residential development. Mr.
Macias advised that you have the potential of a very gOod public/private partnership.
However, you need to take control of the land.
7. Commercial is not going to last and sustain without bringing ~n new residents to
the area.
8. Some of the alternative housing types suggested by various members of the
advisory panel were multi-family, apartments, mixed income, and towr houses.
9. He questioned if this is sustainable. He envisioned more residential, multi-
family, condos, and single-family in the whole area.
10. If we can bring national representatives in and show them a brand new planned
community with new people coming in, we can begin to develop a case for investing n
that particular neighborhood.
11. He asked if the panel is saying that we need to flip that and look at providing the
critical mass of people with money in order to generate the economic development
opportunities.
12. On the western end, there is some potential for some small neighborhood
ce mmercial development that would help to compliment multi-family development.
13. Mr. Sherman advised that the master plan has to allow for taking advantage of
the FEC in the future, and residential is needed in order to entice the retail.
14. Mr. Shannon pointed out that the City of Boynton Beach has already set up the
necessary infrastructure (the legal mechanisms, i.e., the CRA and the TIF district) to do
exactly what it needs to do.
15. The master plan is critical and must come out of the overall process for the
master vision documentJplan for the MLK corridor and the surrounding areas, and
ideally for the entire City.
16. The CRA needs to aggressively assemble the site using eminent domain
powers. He felt the idea of assembling land along the FEC railroad is an excellent
idea.
17. Mr. Shannon said the CRA is best used to assemble and acquire sites and
dispose of them to a developer.
18. The first essential step is to have a plan for the. community and the streets
around it.
19. He thinks the City has to have an area master plan that affects this corridor.
20. However, redevelopment planning implies that at some point, you are going to
have to fund it with public funds. Planning cannot take place effectively without public
buy m, which means that you are going to have to have public participation, which
means the process is going to be slowed down.
21. We need to know the role of MLK Boulevard within this overall single-family
area, and we need to know the size of that district. Other questions needed to be
answered are as follows:
2
Is it a multi-family corridor within the single-family neighborhood?
Is it mixed to some extent?
Do we allow for some commercial in that area, and how big is it?
Is it just the corridor with 120 lot depth, or do we go north and south perhaps to
the next street and create a greater depth or a greater diversity and
opportunities as far as the size of the area and assemblage?
22. Then you would have the ability to master plan that area with a little more
opportunity because of size. He felt the City should explore the relationship of this
street to Federal Highway and the downtown in terms of what real opportunity there is.
23. He also asked if it would be better for the City to be already partnered with the
private sector supporting that land assemblage. Mr. Feldman felt this would give it
purpose, dimension, and depth. He felt it was vital to assemble that team early in the
process.
24. Usually the city will partner with the developer; however, you need public
participation and you need some government monies to back it up.
25. He felt there is unanimous consensus that in regard to the assemblage, you
need a partnership. Government alone is not going to do it efficiently. The private
sector is not going to do it without the government's partnership because without that,
you do not have predictability.
26. Dr. Kolo felt a viable CDC or a CRA who has the capacity to negotiate is
needed. He felt they should be purchasing land on an ongoing basis, including land
that there may not be any use for yet, but that they know could be an asset in the
future.
27. Dr. Kolo advised that the CRA should consist of technical experts who
understand the logistics of assembling land and can negotiate with individuals who do
not want to sell and w_ith the developer.
28. Dr. Kolo felt the CRA was the best mechanism because there would not be just
one person charged with multiple tasks. The CRA would be an entity that has expertise
n various tasks, including the expertise to negotiate with the public sector on an
ongoing basis.
29. Mr. Hawkins asked if the CRA should do the master plan, if the developers
should do it, or if both should do it. Mr. Shannon said both should do it. Dr. Kolo
agreed.
30. Dr. Kolo said the developer is only a participant when you are ready to begin
3
implementing the master plan.
31. Mr. Hawkins said once the CRA does the master plan, you still have to have
some flexibility within it when the developer comes in. Dr. Kolo answered affirmatively.
Mr. Feldman said there are two principal variables on a master plan. One is
transportation because that has a significant impact in the master plan. It is a given.
The other is bubble. These bubbles of areas will become site specific one day.
Implementation Strategies: Private Sector Partners,
Municipal Powers, and Financing
1. CRAs that are successful function by being able to pledge future tax TIF income
n the marketplace.
2. One way is to expand the CRA area so that you can take in a higher valuation
of property.
3. Mr. Gragg said if we cannot increase the CRA's ability to borrow, the CRA's
financing role in this is rather limited. In that case, perhaps the quickest way is to have
the City condemn the property for a pnce certain, quick take it, and then partner with
the private sector to have them step up to the plate and, in effect, buy the property.
Condemnation law allows the City to put a certain amount of money in a security
account without too much of a significant time line.
4. Ms. Sorge advised that the private sector can lend money on future TIF monies.
5. One area that is very under utilized when you are an entitlement is the 108 grant
where you borrow on CDBG money.
6. They Will allow acquisition, infrastructure, demolition, and relocation under the
108, and you do not have to pay anything back for five years. However, they will look
at what you are applying for
7. Dr. Kolo said once you have your plan for residential, retail, or commercial, then
you have specific projects that you want to see happen in this bubble. The City can
have its Planning and Zoning Department, the CRA, or a consultant come up with this
plan. Mr. Fleming said the City does not know what is marketable or how many units
there should be. He felt this should be determined by a developer.
8. Mr. Shannon said the CRA si:~uld have its separate professional staff, people
who understand development and whom developers can talk to. Ideally, you need to
hire a professional director of the CRA
4
9. Mr. Fleming referred to the master plan, and asked what the best approach
would be from an implementation standpoint. Mr. Borges felt an RFQ would be the
best approach.
10. Mr. Fleming summarized that in order to turn this neighborhood around, the
following steps have to be taken:
Put out RFPs.
· Have the developer respond to the master F~lan.
· The City gets the idea from the developer of what is feasible in terms of unit
capacity and cost.
· The City takes the necessary actions to make those things happen in a way in
which the developer seems is most feasible, consistent with the master plan.
· There needs to be a six month plan.
We need to expand the corridor. Large scale, critical mass acquisition is
important and has to be done with some leveling of property.
· There are a host of financing vehicles available to us, but they have to be
geared towards lot acquisition to gain a consolidated ownership of the property.
Turn that over, consistent with the master plan generated by the City, within a six
month time period.
· Turn that over to a developer or sedes of developers and have them come up
with an itemization of their needs.
5
STATE STATUTES FOR CRA
Ch. 163 iNTERGOVERNMENTAL PROGRAMS F.S. 1995
merits, encouraging voluntary rehabilitation an(] com-
pelling the repair ano rehabilitation of oetenorateo or
deteriorating structures' the development of afforoaDle
housing; and the clearance and redeve~ocment of slum
and bligmed areas or portions thereof
163.353 Power of taxing authority to tax or appro-
priate funds to a redevelopment trust fund in order to
preserve and enhance the tax base of the authority.-
Notwithstanding any omar provision of general or spe-
cial law. the purposes for which a taxing authority may
evy taxes or apDroeriate funds to a redevelopment trust
fund include the preservation and enhancement of the
tax base of such taxing authority and the furthering of
the purposes of such taxing authority as provided Dy
laW.
163.355 Finding of necessity by county or munici-
pality.--No county or munrcipality shall exercise the
authority conferred by this par[ unu~ after the governing
DOPy nas adocted a resolution finding that:
(1) One or more s~um or blighted areas, or one or
more areas q which there is a shortage of nousmg
affordable to residents of Iow or moderate income.
including me eloeriy exist in such county or municipal-
ity; dna
(2) The rehabilitation, conservabon, or redevelop-
including, ~' appropriate, the development of hOUSing
which residents of Iow or moaerare raceme, including
the elderly, can afford, is necessary in the interest of the
cublic health safety morals, or welfare of the residents
of SUCh counry or municipality.
163.356 Creation of communit~ redevelopment
agency.--
(1) Upon a finding of necessity as sar forth in s.
163,355. dna uoon a further finding that there is a need
for a community redevelopment agency to function in
me county or munic~cality to carry out the community
redeveloPmem purposes of m~s par~, any counry or
municipality may create a public body corporate and
politic ro De Known as a "community redevelopment
agency." Each such agency shall De constituted as a
public instrumentality, and the exemise by a community
redevelopment agency of the powers conferred by this
cart shall be deemed and held to be the performance
of an eesentiai public function. The community recevet-
opment agency of a county nas me power to function
within the corporate limits of a municipality only as. if.
and when the governing body of the municipality has by
'esolution concurree in the community redevelopment
clan proposeo Dy the governing body of the county.
(2) When the governing body adocts a resoluhon
declaring the need for a community redevelopmenr
agency, mar body shall, by ordinance, appoint a board
of commlestoners of the community redevelopment
agency, which shall consist of not fewer than five or
more than seven comnissioners. The terms of office of
the commissioners shall be for 4 years, except that three
of the members first appointed shall be designated to
serve terms of 1.2. and 3 years, respectively, from the
cam of their appo~nrmen~s, and all other members shall
be designated to serve for terms of 4 years from the date
of their appointments. A vacancy cccurnng during a
term shall be filled for the unexpired ter~,
(3)la) A commissioner shall receive no comeensa.
uon for services out is entitled to the necessary
expenses, including travel expenses, incurred in rna dis*
charge of duties. Each comm~se~oner shall ho~o office
until his or her successor has been appointed and nas
dualified. A certificate of the appointment or reappoint*
ment of any commissioner shall be filed with the clerk
of the county or municipality, and such certificate ~s con.
elusive evidence of the due and proper appointment of
such commissioner.
lb) The powers of a commumty reoevempment
agency shall be exercised by me commmsmners
thereof. A majority of the commissioners consmutes a
quorum for the purpose of conducung business and
exercising the powers of the agency ano for all other
purposes. Action may be taken by the agency upon a
vote of a majority of the commissioners oresenr, unless
m any case the bylaws require a larger number. Any per-
son may be appointed as commissioner it ~e or she
resides or is engaged in business, which means owning
a business, practicing a profession, or pedorming a ser-
vice for compensation, or serving as an officer or direc-
tor of a corporation or other business entity so engaged,
within the area of operation of the agency, which shall
be coterminous with the area of operation of the county
or municipality, and is otherwise eligible for such
appointment under this part.
lc) The governing body of the county or municipality
shall designate a chair and vice chair from among the
commissioners. An agency may employ an executive
director, technical experts, and such other agents one
employees, permanent and temporary, as it reauires,
and determine their qualifications, duties, and compen-
sation. For such legal service as it requires, an agency
may employ or retain its own counse* ano legal staff. An
agency authorized to transact business and exercise
cowers under this part shall file with the goveming body
and with the Auditor General. on or before March 31 of
each year, a report of its activities for the preceding fis-
cal year. which report shall include a complete financial
statement setting forth its assets, liabilities, income, and
operatin9 exoenees as of the end of such fiscal year. At
the time of filing the report, the agency shall publish m
a newspaper of genera~ circulation in the community a
notice to the effect that such report has been filed w~th
the county or municipality and that the report s available
for insDection dudng business hours in the office of the
clerk of the city or count~ commission and in the office
of the agency.
(d} At any time after the creation of a community
reoevetopment agency, the governing body of the
county or municipality may appropriate to the agency
such amounts as the governing body deems necessarY
for the administrative expenses and overhead of tf~e
agency.
(4) The governing body may remove a commissioner
for inefficiency, neglect of duty, or misconduct ~n office
only after a hea.dng and only if he or she has been given
1252
INTERGOVERNMENTAL PROGRAMS Ch. 163
[ivel~ ~m the
members shall
s from the date
~rring during a
Fn.
no oompensa.
he necessary
Jrred in the o~s-
nail holc africa
~[ or reappoint-
With the clerk
.~rtificate is con-
appointment of
eaevelopment
ommlss[oners
s constitutes a
~ business ~nc
nd for all other
agency upon a
Amber. Any per-
er if he or sne
arforming a sen
3fficer or direc-
[y so engaged,
cy ¢ h shall
gible ' sucr
or municipality
'om among
y an executive
a ~egal staff, An
govemmg body
)re March 31 of
e preceding fis-
*nblere financial
~.s. income, and
rq fiSCal year. At
shall publish m
oeen filed with
he office of the
nd in me office
a community
body of the
to the agency
has be~n gwen
copy of the charges at least 10 days prior to such hear-
-g and has had an opportunity to be heard in person
Dy counsel.
163.357 Governing body as the community rede-
veiopment agency.--
1)(a) As an alternative to the appointment of not
-~,,¢er man five or more than seven members of the
.;ency, the governing body may, at the time of the
;;oofion of a resolution under s, 163.355, or at any time
-¢ereafter by adoption of e resolution, declare itself to
-¢ an agency, m which case a~[ the rights, powers,
'~ ~3es, orivileges, anc~ immunities vested By this Dart in
~ agency will ce vested in the governing body of the
.; Jm,~ or municipality, subject to al~ responsibilities end
~Otlltles reposed or incurred.
o~ The members of the governing bod~ snail be the
~emoers of the agency, but SUCh members constaute
--e qeao of a legal entity, separate, distract, and
-ueoendent from me governing body of the county or
~umc~oality. If the governing body declares itself to be
? agency which already exists, the new agency is sub-
=.;~ ~o ad of the responsibilities and liabilities ~mposed
· ~ncurred by the existing agency.
c A governing cody which consists of five mem-
?=Cs may appoint two additional persons to act as mem-
.':srs of the community redevelopment agency. The
· arms of office of the additional members shall be for 4
· ears except mat the first Demon appointed shall ini-
' aW serve a term of 2 y'ears. Persons appointed under
· q~s section are subject to all provisions of this part relat-
~g to appointed members of a community redevelop-
· -em agency.
2~ Nothing in this part prevents the governing body
"3m conferring the rlgnrs, cowers, privileges, duties,
:*a "nmunities of a community redevelopment agency
~on any entity in existence on July ~- 1977 which has
::sen authorized oy law to function as a downtown
:e'~elopment board or anthorlty or as any other body the
:;urcose of which iS to prevent and eliminate slums and
3 :gm mreugn community redevelopment plans. Any
=-*u[y n existence on July ' 1977, which nas been
ssted with th6 rights, powers, privileges, duties, and
~munmes of a community redevelopment agency ~s
~ Jbject to ail provisions and responsibilities imposed by
'"~s Dart. notwithstanding any provisions to the contrary
- any law or amendment thereto which established the
~[~ty. Nothing in this act shall be construed to impair or
: m~n~sn any powers of any redevelopment agency or
':nar entity as referred to herein in ex,stance on the
'"ective date of this act or to repeal, modify, or amend
~:~y law establishing such entity, except as specifically
:et forth harem.
163,358 Exercise of powers in carrying out com-
munity redevelopment and related activities.--The
ammunity redevelopment cowers assigned to a com-
un ty redevelopment agency created under s. 163.356
'eluDe eli tne Dowers necessary or convenient to carry
~[ and effectuate the purposes and arovisions of this
~rr except [ne following, which continue to vest in the
:ovemmg body of the county or municipality:
(1) The power to determine an area to be a slum or
blighted area, or combination thereof; to designate such
area as appropriate for community redevelopment; and
to hold any public hearings required with respect
thereto.
(2) The power to grant final approval to community
redevelopment plans and modifications thereof.
(3) The power to authorize the issuance of revenue
bonos as set forth in s. 163.385.
(4) The Dower to approve the acquis~tren,
demolition, removal, or disposal of property as provide~i
n s. 163.370(3) and the Dower to assume the responsi-
bility to bear loss as provided ms. 163.370(3).
163.360 Community redevelopment plans.--
(1) Community redevelopment in a communlb: rede,
ve~opmem area shall not be planned or initiated unless
the governing body has, by resolution, determined suof*
area To be a slum area. a blighted area, or an area ~n
which there is a shortage of housing affordable to rash
dents of Iow or moderate income including the elderly,
or a combination thereof, and designated such area as
appropriate for community redevelopment.
(2) The community redevelopment plan shall:
(a) Conform to the comprehensive p~an for the
county or municipality es prepared by the local planning
agency under the Local Government Comprehensive
Planning and Land Development Regulat,o~ Act.
(b) Be sufficiently complete to indicate such land
acouisition, demolition and removal of structures· rede-
velopment, improvements, and rehabiiitatico as may ce
proposed to be carried out in the community redevelop-
ment area: zoning and ptanning changes, if any; and
uses: maximum densities: and building requirements.
(C) Provide for the development of affordable nous*
~ng in the area. or state the reasons for not addressing
in the plan the development of affordable housing m the
area. The county, municipality or commumty redevelop-
ment agency shall coordinate with each housing author-
ity or other affordable housing entities functioning within
me geographic boundaries of the redevelopmem area.
concerning the developmem of affordable housing n
(3) The county, municipality, or community, federal-
or agency, public or brivate, may submit such a clan ~o
n~ty redevelopmen[ agency shall submit such Dian tc the
local planning agency of the county or municipality tor
county or municipality as a whole. The local planning
respect to the conformity of me oroposed community
redevelopment plan to the community redevelopment
agency within CoO days after 'accept of me o~en for
received within such 60 days, then without such racom-
1253
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1995
an(] To make available and to appropriate necessary
funds therefor.
163.35'/' Public officiels, commissioners, and
employees subject to code cf ethics.--
fl' The officers, commissioners, and employees ol
a communlr'¢ redevelopment agency created ay, or des-
~gnated pursuant to, s. 163.356 or s. 163.357 shall be
subject to the orowsions and requirements of part Iii of
chapter 112
(2) If any such official commissioner, or employes
ereseney owns or controls, or owned or controlled within
the preceding 2 years, any nterest direct or indirect. ~n
any property which he or she Knows s included or
3~anned to De ~ncluded tn a community redevelopment
area ne or she shaf immediately disclose this fact in me
manner provided n part Ifl of chapter 112. Any
disclosure required to be made by this section shall be
made 3flor to taking any official action pursuant to this
section.
(3) No commissioner or omer officer of any commu-
n,ty resevelopmant agency, board, or commission exer-
cising powers pursuant to this Dart shall hold any other
public office under the county or municipality other then
his or nar commissiocereh~o or office with respect to
such commumty redevelopment agency, board, or com-
'nisston.
163.370 pewem; counties and municipalities; com-
munity red~v~o~mmm agencies,--
(li Every county and municipality shell have all the
eowere necessary or convenient to carry, out and effec-
tuate the purposes and orowsions of this cart, including
me following powers m aedition to others herein
granteo:
lB) To 'neke end execute contracts and other nstru-
'nems necessary or convenient to the exercise of its
Dowers under this part;
(bi To o~sseminate slum clearance and community
redevelo~mant informat~es;
(c~ To undertake and carP/ out community redevel-
opment and related activities within the community
redevelopment area, which redevelopment may include:
1. Acquisition of a slum area or a blighted area or
oornon meteor.
2. Demolition an(] removal of buildings and
improvements.
3. Installation, construction, or reconstruction of
streets, utilities, parks playgrounds, sublic areas of
major hotels that are constructed in suppor~ of conven-
tion centers, including meeting rooms, banouet facili-
ties. perking garages, lobbies, and passageways, and
omer ~morovements necessary for carryino~ out m the
community redevelopment area the community redevel-
oomant objectives of this part in accordance with me
communit~ redevelopment Dtan.
4. Disposition of any property acdcired in the com-
munity redevelopmem area at its fair value for uses ~n
accordance w~[n me community redevelopment plan.
5. Carrying out plans for a program of voluntary or
compulsory repair and rehabititabon of buildings or other
~mprovements ~n accordance with the community rede-
velooment plan.
6. Acquisition of real property in the community
redevelopment area which, under the community rede-
veiopment plan, is to be repaired or rehabilitated for
dwelling use or related facilities, reoa~r or rehabilitation
of the structures for guidance purposes, end resale of
me property,
7. Acduisition of any other real oroperry in the com-
munity redevelopment area when necessary to eliminate
unhealthful, unsanitary, or unsafe conditions: lessen
density; elimmare obsolete or other uses detrimental to
the public welfare; or otherwise to remove or prevent the
spread of blight or deterioration or to provide land for
needed public facilities.
8. Acquisition, without regard to any reduirement
[nat the area be a slum or blighted area, of air rights in
an area consisting principally of land in hignways, rail-
way or subway tracks, bridge or tunnel entrances, or
other s~milar facilities which nave a blighting influence
on the surrounding area and over which air rights sites
are to be developed for me elimination of such blighting
~nfiuences and for the prowsion of housing (and related
facilities and uses) designed.specifically for. and limited
re families and individuals of Iow or moderate income.
9. Construction of foundations and platforms nec-
essary for the provision of air rights sites of housing (and
related facilities and uses) designed specifically for, and
limited to, families and individuals of Iow or moderate
income.
(d) To provide, or to arrange or contract for. the fur-
nishing or repair by any person or agency, oublic or pri-
vate. of services, privileges, works streets, roads, pub-
lic utilities, or other facilities for or in connection with a
community redevelopment: to install, construct and
reconstruct strests utilities, parks, playgrounds, and
other public improvements: and to agree to any condi-
tions that it deems reasonable and appropriate which
are attached to federal financial assistance and
~mpesed pursuant to federal law relating to the determi-
nation of prevailing salaries or wages or compliance with
labor standards, in the undertaking or carrying out of a
community redevelopment and re~ated activities, and' to
nclude in any contract let in connectiou with such rede-
velopment and related activities prowaions to fulfill such
of the conditions as it deems reasonable and appropn-
ate.
(e) Within the community redevelopment area:
1. To enter into any building or property in any com-
munity redevelopment area ~n order to make inspec-
tions, surveys, appraisals, soundings, or test borings
and to obtain an order for this purpose from a court of
competent jurisdiction in the event entry ~s denied or
resisted.
2. To acquire by purchase, lease, option, gift, grant,
bequest, devise, eminent domain, or otherwise any real
property (or personal property for ~ts administratwe pur-
poses), together with any ~mprovements thereon;
except that a community redevelopment agency may
not exercise any power of eminent domain unless the
exercise has been specifically approved by the govern-
ing body of the county or municipality which established
the agency.
3. To hold, improve, clear, or prepare for redevelop-
merit any such property.
1256
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INTERGOVERNMENTAL PROGRAMS
Ch. 163
~ -c mortgage, oledge, nypothecare, or otnerw~se
erC.~ser or dispose of any real property.
5 -o insure or provide for tne nsurance of any reel
;r F.+'~;nal proDer~y or operations of the county or
~;~ C 2all[y against any nsks or hazards, including the
2o,',e' :3 pay premiums on any such insurance.
¢ -: enter into any contracts necessary to effectu-
a:e --e 2urposes of this par[.
Ts solicit requests for proposals for redevelop-
rte~: c' oarcels of real oroperty contemplated by a COrn-
- ~ :, ,edevelooment plan to De acouired for redeveF
' ' - ourposes by a community re(3evelopment
a;e~c~ and, as a result of such requests for proposals,
-- ~-;.er~se for the disposition of such real property to
cr .a;e cersons pursuant to s. 163.380 orior to acoulsi-
: ~ o' such real property by the communay redevelop-
¢-3~- agency.
To revest any community redevelopment funds
re c ~ reserves or sinking funds or any sucn funds not
rsc; re~ for [mme(31are disbursement in oroperty or
sec~r,:.es n which savings banks may legally invest
-,,¢ ;s subject to their control and to 'eaeem such bonds
=-- -5,e oeen ~ssued oureuant to s. 163.385 at the
,ccc--orion pnoe established therein or [o eurohase
- ~- COHOS at [ess than re(3emotion price, ail such
: :* cs so redeemed or purchased to be canceled,
; To borrow money and to apply for and accept
ac %"cas, cans, grants, contributions, an(3 any other
.... .c' financial assistance from the Federal Govern-
- .~r the state, county, or other public body or from
aF. ~c, urces, public or private, for the purposes of this
sa;: ar(3 to give such secudt'y as may be required and
::~-a.st~on therewith; and to include in any contract for
· -= ~ 3;al assistance with the Federal Government for or
- -aspect to communit~ redevelopment and related
~':i ..*.:es such conditions imp?sed pursuant to federal
~,,,s as the county or municipality deems reasonable
~_¢; e.ocroDna[e which are not inconsistent with the pur-
z:ses of this cart.
Within its area of operation, to make or have
-ace all surveys and plans necessary to the carrying
;.: :' :ne purposes o~ this part: to contract with any per-
.=--~ public or private, in making and carrying out such
= ?s: and to adopt or approve, modify, and amend such
: a-s. which plans may include, but are not limited to:
Plans for carrying out a program of voluntary or
::--oulsory repair and rehabilitation of buildings and
-:-3vements.
~ Plans for the enforcement of state and local laws,
:.'=es. and regulations relating to the use of land and
'-e --se and occupancy of buildings and improvements
?= :9 the comPulSOry repair, rehabilitation, (semotition.
:- 'smovai of buildings and improvements.
'- AoDraisels, title searches, surveys, studies, end
~-.=ertaking of community redevelopment and related
To develop, test, and report methods anD tach-
' '.:~es. and carry out demonstrations and other ectivi-
' ss 'or the orevention and the elimination of slums and
-.'~-an blight and developing and demonstrating new or
~3*oveo means of oroviding hOUsing for families and
,'e'sans of. Iow income.
d) To apply for. accept, and utilize grants of funds
from the Federal Government for such purposes.
(k) To prepare plans for and assist in me relocation
of persons (including individuals, families, business con-
cerns nonprofit organizations, and othars~ displeceo
from a community redevelopment area and to make
relocanon paymems to or w~th respect to such persons
for mowng expenses and losses of ~roper[y for which
reimbursement or compensation is not otherwise made,
including the making of such payments financed by the
Federal Government.
(I) To appropriate such funds and make SUCh
expenaitures as are necessary to carry out the purposes
of this par[: to zone or rezone any part of the county or
munlc~Oality or make exceouons from building regula-
tions: and to enter into agreements with a housing
autborlty, which agreements may extend over any
period, notwithstanding any provision or rule of law to
the contrary, respecting action to De taken Dy such
county or municipality pursuant to any of the powers
granted by this part.
(m) To close, vacate, plan.'or replan streets, roads.
sidewalks, ways, or other places an(3 to plan or replan
any gar~ of the county or municipality.
(n) Within its area of operation, to organizel ccordi-
hare, and direct the anministretion of the provisions of
this part, as they may apply to such county or municipal-
ity, in order that the objective of remedying slum and
blighted areas and preventing the causes thereof within
such county or municipality may be most effectively pro-
moted and achieved and to establish such new office or
offices of the coun~ or mumcigality or to reorganize
existing offices in order to carry ou~ such ourpose most
effectively.
(o) To exercise all or any par~ or combination of uow-
ers hereto gremec or to elect to have such powers exer-
cised by a community redevelopmem agency.
(2) The foJlowing projects may not be pa~d for or
financed by increment revenues:
(a) Construction or expanmon of administrative
buildings for public bodies or police ane fire buildings,
unless each taxing anthodty agrees ~o such method of
financing for the construction or exganslon.
(b) installation, construction, reconstruction, repmr,
or alteration of any publicly owned capital improvements
or projects which are not an integral part of or necessary
for carrying out the community redevelopment plan if
such orojects or ~mprevemenre are normally financed tsy
me governing body with user fees or if such prolects or
imorovements would be installed, constructed recon-
structed repaired, or altered within 3 years of me
approval of the community redevelopment plan Dy me
governing body pursuant to a oreviously approve(] sub-
lic capital improvement or project schedule or Dian of
the governing body which approved me community
redevelopment clan.
(c) General government operating expenses unre-
lated to the planning and carrying DUi of a community
redevelopment plan.
(3) With the approval of the governing body. a com-
munity redevelopment agency may:
(a) Prior to approval of a community redevelopment
~lan or approval of any modifications of the plan, acquire
1257
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.$. 1~_~
real oroperty m a community redevelopment area
demolish ane remove any structures on the property,
and pay all costs related to the acauisition demolition.
or removal, including any administrative.or relocation
expenses.
(b) Assume the responsibility to bear any loss that
may arise as me result of the exercise of authority under
this subsection, in the event that the real property is not
made part of the community redevelopment area.
163.375 Eminent domain.--
(1) Any counry or mun~c;pality or any community
'edevelopmem agency cursuant to soecific approval of
the governing body of the county or municipality which
esrabiished the agency, as provided by any county or
municipal ordinance has the right to acauire by condem-
nat~on any interest in real property, including a fee sim-
cie title theretc, which it deems necessary lor. or in con-
nection with, community redevelopment eno related
activities under this ;)art. Any county or municipality, or
any community redevelopment agency pursuant to spe-
cific approval by the governing body of the counry or
municipality which established the agency, as provided
by any coumy or munioioal ordinance may exercise the
Dower of emrnem domain in the manner provided in
chaotere 73 and 74 and acts amandatory thereof or sup-
p~ementary thereto, or it may exercise the Dower of emi-
nent domain in the manner now or which may be hereaf-
ter orovided by any other statutory ~rews~on for the
exercise of the power of eminent domain. Property
already devoted to a public use may be acquired in like
manner. However. no real proper~y belonging to the
United States, the state, or any political subdivision of
the state may be acquired without its consent.
(2) in any proceeding to fix or assess comoensation
for damages for the taking of property, or any interest
therein, threugn the exercise cf the power of emmem
oomaln ~' condemnation, evidence or testimony beadng
upon the following matters shall be admissible and shall
ce considered in fixing such compensation or damages
in addition to evidence or testimony otherwise admisei*
bie:
(a) Any use, condition, occupancy, or operation ct
such oroperry, which is unlawful or violative Of. or sub-
leer to elimination, abatement, prohibition or correction
under, any law, ordinance, or reguJatory measure of the
state, county, municipality, or other political subdivision,
or any agency thereof, in which such property ia located.
as being unsafe, substandard, unsanitary, or otherwise
contrary to the public health, safety, morals, or walfare.
(b) The effect on the value of such property of any
such use, condition, occupancy, or operation or ct the
eJimination, abatement, prohibition, or corre~ion ct any
such uae. condition, occupancy, or operation
(3) The foregoing testimony and evidence shall be
admissible notwithstanding that no action has been
taken by any public body or public officer toward the
abatement, prohibition, elimination, or correction of any
SUCh use. condition, acoupanoy, or operation. Testi-
mon'~ or evidence that any public body or pubJic officer
ohergea with the duty or authority so to ac has ran-
seres made. or issued any juagment, decree, deferral.
nation, or order for the abatement, prohibition, elimina-
tion, or correction of any such use, condition, occu-
oancy, or operation shall be admissible and shall be
prima facie evidence of the existence end_character of
such use. condition, or operation.
Hi~tor/.--s~ 10, ch. a~3(]5; s. 8. ch. 77-391: s. 12. ch. 84,-356.
163.380 Disposal of property in community rede-
velopment area.--
(1) Any county, municipality, or community redevel-
opmem agency may sell, lease, dispose of. or otherwise
transfer real property or any interest therein acquired by
it for community redevelopment in a community redevel-
opment area to any private person, or may retain such
property for public use, and may enter into confreres
Nith respect thereto for residential, recreational, com-
merc~aJ, industrial, educational or other uses. in accord-
ance with the community redevelopment plan, subject
to such covenants, conditions, and restrictions, includ-
ing covenants running with the land. as it deems neces-
sary or desirable to assist in preventing the cleveloD-
merit or spread of future slums or blighted areas or to
otherwise carry out the purposes of this part. However.
such sale, lease, other transfer, or retention, and any
agreement relating thereto, may be made only after the
approval of the community redevelopment plan by the
governing body. The purchasers or lessees and their
successors and assigns shall be obligated to devote
such real property only to the uses specified in the sem-
reunify redevelopment plan and may be obligated to
comply with such other requirements as the county,
munioicality, or community redevelopment agency may
determine to be in the public interest, including the obli-
gation to begin any improvements on such real property
required Dy the community redevelopment plan within
a reasonable time.
(2) Such real properly or nterest shall be sold,
leased, otherwise transferred, or retained ar a value
determined to be in the public interest for uses in
accordance with the community redevelopment plan
and in accordance with such reasonable disposal proce-
dures as any county, municipality, or community rede-
ve~ocment agency may prescribe, l~ determining th~
value of real property as being in the public interest for
uses in accordance with the community redevelopment
plan, the county, municipality, or community redevelop-
ment agency shall take intc account and give consider-
ation to the long-term benefits to be achieved by the
county, municipality, or community redevelopment
agency resulting from incurring short-term losses or
costs in the disposal of such real oroperty; the uses pro-
vided in such plan; the restrictions upon. and the cove-
nants conditions, and obligations assumed by, the pur-
chaser or lessee or by the county, municipality, or c~
reunify redevelopment agency retaining the property;
and the objectives of such plan for the prevention of the
recurrence of slum or blighted areas. In the event the
value of such real property being disposeo of is for less
than the fair value, such disposition shall require the
approval of the govammg body, which approval may
only be given following a duly noticed public hearing.
The county, municipality, or community reeevelopment
1258
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
OFFICE OF THE CITY MANAGER
Mayor and Commission
Wilfred Hawkins
Assistant to the City Manager
December 12, 1996
Revised Proposed Budget
Boynton Beach Black Awareness Marching Band Festival
Revenues (anticipated)'
Advance Ticket Sales
Ticket Sales at Gate
Donations/Corporate Sponsors
Parking Fees
Concession Fee
$10,000
36,000
5,000
4,00O
1,000
$56,000
Expenses
FAMU Band
Band Fee
Band Director Fee
Food
Transportation
$10,000
7,500
1,000
15,000
$33,500
High School & Middle School Bands
Eight (8) bands
Eight (8) band director fees
$ 4,800
200
$ 5,000
Other Costs
Stadium Rental/Insurance
Advertising
Printing
2,500
2,500
5OO
Total Expenses
$ 5,500
$44,00O
WH:smb