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Minutes 05-06-03MI'NUTES OF THE REGULAR CZTY COt4t41'SSTON t4EETZNG HELD I'N COMMTSSI'ON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, MAY 6, 2003 AT 6:~10 P.t4. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney Janet Prainito, City Clerk OPENZNGS: Call to Order - Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Broening called the meeting to order at 6:30 p.m. Reverend Rick Riccardi, Police Chaplain, offered the invocation and Commissioner Weiland led the audience in the Pledge of Allegiance to the Flag. Mayor Broening recognized members of the Boynton Beach Veterans Council who were in the audience. D. ZF YOU WZSH TO ADDRESS THE COMMZSSTON: · FZLL OUT THE APPROPRZATE RE(~UEST FORM · GZVE z'r TO THE CZTY CLERK (ON THE DATS) BEFORE THE "OPENZNGS" POR'r~ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE POD'rUM WHEN THE MAYOR CALLS YOUR NAME I'ND1'V]'DUALS MAY SPEAK FOR THREE UN1'NTERRUPTED MI'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. motion that carried unanimously. Commissioner McCray seconded the Meeting Minutes Regular City Commission Bovnton Beach, Florida May 6, 200~ OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced that the First Baptist Church was having a Groundbreaking Ceremony on May 7t~ at 6:30 p.m. and everyone was welcome. Commissioner McCray thanked Wilfred Hawkins, Assistant City Manager, and Quintus Greene, Development Director, for their presentation on the Heart of Boynton. He thought that their presentation was very thorough and answered all questions. He also thanked the Police and Fire Departments for the kind and courteous way they treated his stepfather who was in a car accident. Commissioner McCray gave a special thank you to Assistant Police Chief Matt Immler, who went to see his stepfather to explain the traffic violation to him. Commissioner McCray expressed his appreciation to 3eft Livergood, the Public Works staff, and the entire City staff for doing a good job. Commissioner McKoy distributed excerpts from the minutes of the Workforce Alliance Board of Directors meeting held on March 20, 2003. A copy of the excerpts is on file in the Office of the City Clerk. He referred the Commission to the second paragraph under Item D that mentioned that one of our Commissioners went before the Board with concerns regarding allegations of breach of contract and unanswered questions concerning the Juvenile Transition Center. Commissioner McKoy was concerned regarding the representation that this Commissioner took at that meeting and he wanted to get a response as to what role the Commissioner took. Mayor Broening accepted the excerpt as an informational item but said the Commission was not going to enter into any debates at this time. If this is an item that should be addressed at a future Commission meeting, it will be addressed then. Commissioner Weiland did not wish to respond since this was not an agenda item. Vice Mayor Ferguson announced that he had filed for reelection in November. Commissioner Weiland gave a special thanks to the Building Division staff, who were great to work with during the recent garage conversion at his house. Mayor Broening said that he, too, had an opportunity to deal with the Building Division and they were very helpful. The roofing contractor told him that he likes to do business in Boynton Beach. Mayor Broening also thanked everyone who sent cards to his wife and him while they were recuperating from the flu. 2 Meeting Minutes Regular City Commission Bovnton Beach, Florida May 6, 2003 III. ANNOUNCEMENTS, COMMUNTI'Y & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. First Baptist Church Groundbreaking Ceremony - May 7, 2003 - 6:30 p.m. B. Community and Special Events C. Presentations: 1. Proclamations: a. National Public Works Week - May 18-24, 2003 Mayor Broening read the National Public Works Week proclamation and presented it to Jeff Livergood, Director of Public Works. Mayor Broening said that he is constantly amazed at the scope and quality of services that are offered by the Public Works Department. b. Civility Month - May 2003 Mayor Broening read the Civility Month proclamation and stated that this is very important to him and one that we should observe throughout the year. c. Law Enforcement Appreciation Month - May 2003 Mayor Broening read the Law Enforcement Appreciation Month proclamation and presented it to Police Chief Marshall Gage. d. Nurses' Week - May 5-9, 2003 Mayor Broening read the Nurses' Week proclamation and presented it to Commissioner Weiland, whose wife is a nurse at Bethesda Memorial Hospital. Commissioner Weiland said that he read this same proclamation at a ceremony at Bethesda Memorial Hospital this morning. The nurses and doctors there serve our City and reach out to their patients. The hospital appreciated the City for recognizing Nurses' Week. Commissioner McCray announced that Bethesda Memorial Hospital was recently approved to perform open-heart surgery. This was partly a result of the City of Boynton Beach lobbying in Tallahassee. I'V. ADMINISTRATZVE: A. Accept resignation from David Nyquist, Regular Member of Cemetery Board 3 Meeting Minutes Regular City Commission Bovnton Beach, Flprida May G, 2003 Motion Vice Mayor Ferguson moved to Member of the Cemetery Board. unanimously. regretfully accept the resignation of David Nyquist, Regular Notion was seconded by Commissioner McCray and carried B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date Mayor Broening IV McKoy Mayor Broening III Ferguson Mayor Broening I Weiland Mayor Broening II McCray IV McKoy Mayor Broening Mayor Broening II McCray IV McKoy Mayor Broening I Weiland II McCray IV McKoy IV McKoy Mayor Broening II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening III Ferguson IV McKoy IV McKoy Mayor Broening Mayor Broening Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Cemetery Board Cemetery Board Cemetery Board Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Library Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Recreation & Parks Board Recreation & Parks Board Senior Advisory Board Reg Alt Stu/Reg/Voting Alt Reg Alt Reg Reg Alt Alt Reg Alt Alt Reg Reg Reg Stu Alt Reg Alt Alt Reg Reg Reg Reg Alt Alt Reg Reg Reg 2 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 1 yr term to 4/04 1 yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 1 yr term to 4/04 1 yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 2 yr term to 4/05 Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) 4 Meeting Minutes Regular City Commission Bovnton Bei~ch, Flpridil May 6, 200~ T:IT Ferguson Senior Advisory Board Alt i yr term to 4/04 Tabled (3) TV McKoy Firefighters' Pension Trust Reg 2 yr term to 4/05 Tabled (3) · Commissioner McKoy appointed Kathy Cook as an Alternate Member of the Code Compliance Board. · Commissioner McKoy appointed Bob Ensler as an Alternate Member of the Planning & Development Board. · Vice Mayor Ferguson appointed Michael Bessell as an Alternate Member of the Building Board of Adjustment & Appeals. · Vice Mayor Ferguson appointed Mike Fitzpatrick as an Alternate Member of the Planning & Development Board. · Vice Mayor Ferguson appointed Olive Field as an Alternate Member of the Senior Advisory Board. · Commissioner McCray appointed Marilyn Huckle as a Regular Member of the Cemetery Board. · Commissioner McCray appointed Clifford Royael as an Alternate Member of the Community Relations Board. · Commissioner McCray appointed Barbara McGee as an Alternate Member of the Library Board, Mayor Broening said he wanted to appoint Michael Bessell as a Regular Member of the Building Board of Adjustment & Appeals. However, there was a conflict as Vice Mayor Ferguson had appointed him as an Alternate Member of that Board. Vice Mayor Ferguson withdrew his appointment of Mr. Bessell and, therefore, he was appointed as a Regular Member. · Mayor Broening appointed Lori Wilkinson as a Regular Member of the Advisory Board on Children & Youth, Mayor Broening appointed .lulie Claude as a Student/Voting Member of the Advisory Board on Children & Youth (she is currently serving as a Student/Nonvoting Member of that Board). Mayor Broening appointed Anne Centi as a Regular Member of the Community Relations Board. · Mayor Broening appointed Trene Emmert as a Regular Member of the Education Advisory Board. 5 Meeting Minutes Regular City Commission Bovnton Beach, Florida May 6, 200~ Mayor Broening appointed Marion Grammer as a Regular Member of the Library Board. · Mayor Broening appointed William Cwynar as a Regular Member of the Planning & Development Board. Mayor Broening appointed Betty Pierce as a Regular Member of the Recreation & Parks Board. All other appointments were tabled. Motion Commissioner McKoy moved to approve the appointments. the motion that carried unanimously. Commissioner Weiland seconded V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of April 14, 2003 Regular City Commission Meeting of April 15, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER," Bid #040-2413-03/C3D, to SUMMERS FIRE SPRINKLERS, INC. of Boca Raton, Florida, in the amount of $55,900 (Proposed Resolution No, RO3-072) Vice Mayor Ferguson pulled item B.1 for discussion. Award the "RE-ROOF OF THE PISTOL RANGE," Bid #039-2511-03/~D, to MURTON ROOFING CORP. of West Palm Beach, Florida, in the amount of $32,371 (Proposed Resolution No. R03-073) Award the "DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH," RFP#O19-2413-O3/KR, to SYSTECH GROUP, INC. of Reston, Va., in the amount of $14,400 per year - total cost over a five year period is $72,000 (Proposed Resolution No. R03-074) Meeting Minutes Regular City Commission BovntQn Beach, FIQrida May 6, 2003 Rescind the award for "SENIOR CENTER EXERCISE ROOM," Bid #056- 2413-02/C3D to MASON CONSTRUCTION in the amount of $24,682.50 (Proposed Resolution No, RO3-075) Resolutions: Proposed Resolution No. R03-076 Re: Execution of Task Order No. 14, Amendment No. i in the amount of $246,579 to CH2M Hill, Inc. for the professional design, permitting, bidding, construction phase and resident observation services for NE 17m Avenue Drainage Improvements and Water Main Replacement Project Proposed Resolution No. R03-077 Re: Full release of the remaining surety for the water system improvements for the project known as Alouette, Inc., in the amount of $1,367.50 Proposed Resolution No. R03-078 Re: Execution of Amendment No. 3 to the Industrial Avenue Corridor Stormwater Improvements Project Consultant Agreement additional engineering expenses for Kimley-Horn & Associates, Inc. (KHA) in an amount not to exceed $35,000 Proposed Resolution No. R03-079 Re: Agreement for Water Service Outside the City Limits with Deanna K. Bates as owner for the property located at 1103 .~ames Road, Lantana, Florida (Lot 24, Hypoluxo Ridge) Proposed Resolution No. R03-080 Re: Renewing agreement between the City of Boynton Beach and Palm Beach Community College regarding training for EMT and Paramedic clinicals Proposed Resolution No. R03-081 Re: Approval of contract between 3EG Associates and the City of Boynton Beach to continue consulting services to the Heart of Boynton Project for $7,000 Proposed Resolution No. R03-082 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of April 17, 2003: Authorization to expend $7,746 from Repair & Replacement Fund on an emergency basis for (2) submersible pumps for the plant's lift station bo Authorization to sign agreement with Widell, Inc. to provide Contractor at Risk Services for a two-year period 7 Meeting Minutes Regular City Commission Bovnton Beach, Flpridp May 6, 200~ Authorization to expend $1,491,080 from Repair & Replacement Funds for the following task orders: Widell Board H & S Total 1. Repair Sanitaire $399,003 $68,000 $10,000 $ 477,003 Diffusers 2. Repair clarifier $439,010 $20,000 $10,000 $ 474,010 bridge 3. Repair channel in $223,685 $65,000 $10,000 $ 298,685 Screening Bldcj. 4. Repair radiator & $ 41,382 $ 41,382 blower piping] 5. Contingency $200f000 $ 200f000 TOTAL $1~103~080 $358~000 $30~000 $1f491~080 do Authorization to enter into Contractor at Risk Agreement with Widell, Inc. for: Task Order #1 for a not to exceed price of $399,033; Task Order #2 for a not to exceed price of $439,010; Task Order #3 for a not to exceed price of $223,685; Task Order #4 for a not to exceed price of $ 41,382; And authorization for Executive Director to sign and execute at time determined appropriate. Authorization to enter into contract with R. J. Sullivan Corp. for construction of 2 million gallon reclaimed storage tank in the amount of $835,010 D. Ratification of Planning & Development Board Action: Eckerd Drugs @ Target (MSPM 03-003), 1895 N. Congress Avenue, Target Shopping Center - Request for major site plan modification to reconfigure parking spaces in Parcel "A' of Target Commercial Center E. Ratification of CRA Action: None Permit placement by the Boynton Beach Veterans Council of memorial plaques at the base of selected trees in Intracoastal Park Vice Mayor Ferguson pulled item F. for discussion. 8 Meeting Minutes Regular City Commission Bovnton Beach, Florida May G, 2003 Motion Vice Mayor Ferguson moved to approve the consent agenda as amended. Weiland seconded the motion that carried unanimously. Commissioner B,1, Award the bid for "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER," Bid #040-2413-03/C.1D, to SUMMERS FIRE SPRINKLERS, INC. of Boca Raton, Florida, in the amount of $55,900 (Proposed Resolution No, R03-072) Vice Mayor Ferguson explained that he pulled this item because there was only a single bidder. There were approximately 28 bid packages sent out and only one of them bid. He spoke to a couple of local suppliers and they were not able to install the fire sprinklers. Motion Vice Mayor Ferguson moved to approve the amount of $55,900 to Summers Fire Sprinklers, Inc. Commissioner Weiland seconded the motion with the comment that he also contacted two local companies that said they do not provide this type of service. The motion to approve carried unanimously. Permit placement by the Boynton Beach Veterans Council of memorial plaques at the base of selected trees in Intracoastal Park Tom Kaiser, Vice Chair of the Boynton Beach Veterans Council, explained that they are proposing small (3' x 6'7 bronze plaques that would be set on white cement stones. There would be no cost to the City because the people who request the plaques will bear the cost of $150 each. They currently have pledges for 19 plaques. Vice Mayor Ferguson felt that this was a marvelous idea. His only concern was that in five years no one would recognize who the individuals were that are listed on the plaques. Mayor Broening suggested not calling them "memorial" plaques because that implies that the individuals are deceased. Motion Commissioner McCray moved to approve this item. motion that carried unanimously. Commissioner Weiland seconded the Commissioner Weiland requested an opportunity to discuss item C.6 even though it had been approved previously under Consent. The consensus of the Commission was to allow discussion. C,6, Proposed Resolution No. R03-081 Re: Approval of contract between .lEG Associates and the City of Boynton Beach to continue consulting services to the Heart of Boynton Project for $7,000 Commissioner Weiland asked how much money was approved for the previous agreement and how much was expended. 9 Meeting Minutes Regular City Commission Bovnton Bepch, Fl~)ridp May G, 200~ Diane Reese, Finance Director, explained that the first contract was for $20,000 and the extension was for $35,000. This new contract is for $7,000. There has been $55,000 expended. City Manager Bressner said that he would provide a report on this to the Commissioni CODE COMPLZANCE & LEGAL SETTLEMENTS: None PUBL:[C AUDZENCE: [ND:IV]DUAL SPEAKERS WZLL BE L:[MTI'ED TO 3-MINUTE PRESENTATIONS Bob Brown suggested that the City have an Amnesty Day for vacant landowners to provide them with trash pick up so that they could clear exotics from their land. City Manager Bressner thought that perhaps we could adapt our hurricane preparation clean up activities to accommodate vacant landowners, He said he would talk to staff regarding this, William Orlove, 2459 SW 23rd Cranbrook Drive and a member of the Recreation & Parks Board, spoke regarding the capital improvement projects. The Recreation & Parks Board strongly supports the Senior Center expansion project as the existing Center is bursting at the seams. They also strongly support the Wilson Center replacement as it has become inadequate. There will be a letter sent to the Commission from the Board's chair and he urged the Commission's support. Herb Suss commended Commissioner Ferguson for providing leadership at the last couple of meetings when he filled in for Mayor Broening. Mr. Suss urged more people to join the CERT program. He also felt that full-time citizens of the City should receive some sort of preference with beach parking. Brian Edwards, 629 NE 9m Avenue, distributed a Historical Activity Record for the Boynton Beach Planned Approach to Community Health (PATCH). A copy of this is on file in the office of the City Clerk. Mr. Edwards stated that this Board of volunteers for the past 30 months has continued to provide help for those in our community that have needed assistance. Mr. Edwards also spoke regarding the tremendous success of the Children's Schoolhouse Museum. The complete text of Mr. Edwards' remarks are on file in the Office of the City Clerk. XIII.A. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) ('TABLED ON APR. I'L .Z~ 2003,) (Heard out of order) 10 Meeting Minutes Regular City Commission Bovnton Beach, Florida May 6, 200~ Motion Commissioner McCray made a motion to remove this item from the table. Weiland seconded the motion that carried unanimously. Commissioner Bob Brown told the Commission that the four property owners met yesterday and their consensus was that the City has old appraisals that were performed a year ago and the offers from the City have not changed. Most of the property owners do not want to sell. Mr. Brown believes that an amicable solution could be worked out. He requested that this item be tabled until new appraisals are done. He felt that the owners were being pushed to submit counter- offers and they needed more time. Mr. Brown said that the tone of the neighborhood has gotten surly, with tires slashed and tools being thrown out. David Fellows, 638 NE 9th Avenue, explained that INCA has been lobbying for quite some time for this stormwater project. There are :[7 properties that need to be acquired to handle the drainage. The City has acquired 13 of these properties. The eminent domain has been tabled a couple of times and the residents in the area want this to move forward. He understands that current appraisals are part of the eminent domain process. No one in his neighborhood is in favor of vandalism or theft. They are a law-abiding community. He said that the issue tonight is eminent domain and it is necessary for the retention pond. He urged that the Commission move forward. Tim Bearson, P.O. Box 1649, said that in 1977, they handled the drainage by taking a 15- foot easement from 7th Avenue. He questioned why it was necessary to pump water 1,000 yards when you could pump it just 200 feet into the Intracoastal. Mayor Broening said that was against the law. Brian Edwards, 629 NE 9m Avenue, felt that the neighborhood had been patient and worked very hard with City staff on this project for several years. He considered this project a quality of life issue. Mr. Edwards said that the E-mails he sent to the City were not surly and are open for anyone to read. He urged the Commission not to postpone this item. City Manager Bressner explained that this stormwater project is an important project. The purpose of eminent domain is to develop a structured process for negotiations. It is a mechanism used so that the process goes forward under the jurisdiction of the court. The City's goal is to pay a fair price for the properties but not to overpay. The City has been successful with all but four property owners. City Manager Bressner urged the Commission to move forward with eminent domain proceedings in order to move this drainage project forward. New appraisals have been ordered and the City will have them in 30-45 days. The next step is to return to the Commission with a Resolution of Public Necessity. At that point, the estimated value of the properties will be presented to the property owners and they will be given an opportunity to respond based on those appraised values. City Manager Bressner requested that the Commission not table this issue. Commissioner Weiland felt that these four property owners might have purchased their properties for investments or for their nest eggs. The properties may be worth more in the future. If the City goes with eminent domain, we will pay for court costs and attorney fees. He believed that there might be some middle ground. He did not want to delay the project but felt :[1 Meeting Minutes Regular City Commission Bovnton Beach, Florida May 6, 2003 that the property owners have rights too. He thought that perhaps the project could be designed a different way so that these parcels would not be needed. Commissioner Weiland also suggested that there could be an agreement whereby if these properties were not used for retention, they could be bought back by the property owners. Commissioner McCray asked whether this was the best design plan. Dale Sugerman, Assistant City Manager, said that the City had consulting engineers who did this work. He explained that we need to collect the stormwater from that neighborhood basin, which includes 7t~, 8th, 9th, 10th Avenues, North Road, South Road, parts of Federal Highway and parts of 7t~ Street. The City needs to not only collect this stormwater but to also treat it. The entire project, including sidewalks, water and sewer line replacements, streetlights, and park amenities, is a $3.3 million project. This project is permitted by the South Florida Water Management District and by the Palm Beach County Health Department. There are calculations involved regarding how much water we collect, how we collect it, how long we hold it and treat it before it is dumped into the Intracoastal. The calculations by the consulting engineers determined the minimum amount of square footage of retention area that was needed. We told the consulting engineers not to acquire more property than was needed for the project. The outcome of the engineers' calculations was to meet the size of the project and to meet the permitting requirements. Commissioner Weiland asked how this project would affect the aesthetics of the neighborhood. Assistant City Manager Sugerman explained that there would be a series of ponds with park-like settings. They will be creating gorgeous greenspace with fountains. These fountains will aerate the water so it does not become stagnant and they will add to the park-like setting. In response to a question whether all 17 properties would be used for this project, Assistant City Manager Sugerman said that there are four segments that are interconnected in the new system. All four go out to the Intracoastal at an outfall at 10th Avenue. The movement is between these four sections. So, at any given time, some may be wet, some may be dry, and some may be full to the top. Tt is an interconnected system so he cannot say that all four are retention ponds. It is one system with four component parts. Assistant City Manager Sugerman explained that if the Commission adopts the motion to continue with the eminent domain process, it does not mean that we cannot continue the negotiations with the four property owners. In fact, the meeting yesterday with the property owners was very productive and all of them said that they would offer counteroffers, which they had never done before. Commissioner Weiland wanted a commitment that staff would continue negotiations with the four property owners. Assistant City Manager Sugerman went on record that they will continue the negotiating process. He would prefer not to recommend eminent domain proceedings. Mayor Broening said that one of the hardest things to do is to balance property owners' rights and the public good. Eminent domain guarantees negotiations would be ongoing, l~t does not 12 Meeting Minutes Regular City Commission Bovnton Beach, Florida MaY 6, 2003 mean we are granting permission to take these properties. He felt that the eminent domain process guarantees fairness. City Manager Bressner said it will be beneficial to have current appraisals. The Commission, as a policymaking body, has the option of looking at the appraised value and then calculating what it would cost to go to court. Then, through an extraordinary vote, they could authorize payment of a little more. However, in order to have the opportunity to have this type of structured conversation, we need to move forward with the eminent domain process. MotiQn Commissioner McCray moved to authorize staff to continue with the acquisition and within 30- 45 days bring back a Resolution of Necessity. Commissioner McKoy seconded the motion that carried unanimously. VTZZ. PUBLTC HEARTNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMXTS Project: Agent: Owner: Location: Description: Serrano @ Boynton (ANNEX 03-001) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to annex a +9.74-acre parcel Project: Agent: Owner: Location: Description: Serrano @ Boynton (LUAR 03-002) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR); and Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) Mayor Broening announced that the City received a letter from the owners of the property requesting that items A and B be tabled for 30 days. A copy of the letter is on file in the Office of the City Clerk. MotiQn Commissioner McCray moved to table items A and B for 30 days. seconded the motion that carried unanimously. Vice Mayor Ferguson Cm Project: Agent: Owner: Location: Descdption: Eckerd Drugs @ Target (COUS 03-001) Edk Wilczek, P.E., Kimley-Hom & Associates, Thc. Andrew Berger, American Development Corp. 1595 N. Congress Avenue, Target Shopping Center Request for conditional use approval for a drive-through facility in an existing 11,786 square foot building on a 2.27-acre parcel 13 Meeting Minutes Regular City Commission Bovnton Beach, Flprida May 6, 2003 City Attorney Cherof swore in everyone who would be testifying. He asked that when a speaker comes forward, they state their qualifications to testify. Mike Rumpf, Planning & Zoning Director, stated that he has a Master's Degree in Urban Planning and has been with the City for over 15 years, interpreting and applying the City's Land Development Regulations and zoning district regulations. Mr. Rump explained that the applicant proposes to occupy an existing one-story 11,786 square foot building currently occupied by Rack Room Shoes in the Target Shopping Center. The property is zoned C-3. The proposed pharmacy is a permitted use in this zone, but the drive- through feature requires conditional use approval. The drive-through facility would be located on the east portion of the existing stand-alone building facing Congress Avenue. The site plan is being processed simultaneously with this conditional use approval. Parking spaces would be eliminated to accommodate the drive-through; however, a surplus exists to cover these. The applicants have been very willing to work with staff to maximize the front fa(;ade appearance, to increase compatibility with the existing shopping center d~cor, and to make the window a very subordinate element that is atypical of most stores. Additional landscaping is proposed. However, staff recommends further enhancements be added and reviewed at time of permitting. Staff recommends that this request be approved subject to the conditions of approval. Staff also recommends a time limit of one year be allowed to obtain a building permit for the project. At the Planning & Development meeting, the applicant indicated that he had no objections to the proposed conditions. David Remland, DSR Development ~ervices, agreed with the conditions of approval. Commissioner McCray asked regarding the loading and unloading of trucks. Kent Hamilton, architect for the project, explained that the loading area would be at the south side of the building and would have additional landscaping. The dumpster location and the loading location would remain as they currently are. They propose to put the dumpsters closer to the building and provide additional landscaping for screening. MQti~n Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McKoy seconded the motion that Project: Agent: Location: Request: Tndoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Initiated C-3, Community Commercial and C-4, General Commercial Districts Amend the Land Development Regulations: 1) Chapter 1. Definitions, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling 14 Meeting Minutes Regular City Commission Bovnton Beach, FloridP May 6, 200~ Alley," "Gymnasium/Health Club," "Shooting Range, Tndoor,' "Skating Rink," and, 2) Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses (:1.'t reading of Proposed Ordinance No. 03-016) City Attorney Cherof read proposed Ordinance No. 03-016 by title only. Dick Hudson, Senior Planner, presented the project to the Commission. He explained that in January 2003 the City received a request for a professional boxing event at Club Ovation Nightclub located in the Gulfstream Plaza. The original nightclub approval was granted in October 2000. The conditional use, however, was only for a nightclub. Since the City's Land Development Regulations do not currently allow professional boxing, the request was denied. Staff has now provided suggested code language to accomplish the requested activity. When staff examined the code, they found that recreation facilities were lumped together and in the proposed code change, staff separated them into indoor and outdoor recreational facilities and made certain activities accessory to principal uses. Athletic competitions would be conditional uses. Staff also added seven definitions to that section of the code. Mr. Hudson said that in Delray Beach, the City allows boxing events in privately operated stadiums and arenas, which are permitted as a conditional use in the Community Facilities zoning district. Tn West Palm Beach, occasional competitions require a Special Events permit. The structures that house those are classified as Tndoor Recreation. The use is permitted with extra requirements. Staff recommends the adoption of the amendments. City Manager Bressner explained that staff established the rules and the framework and then if anyone wants to come in and ask for this, they would have to do so as a conditional use. That provides an opportunity to review the feasibility or the appropriateness for the location of a particular activity if there are some site-specific issues or some concerns that the Commission or the public may have. City Manager Bressner said that this past weekend there was a news broadcast relating to an event that is now licensed by the State of Florida and is called Extreme Fighting. Florida is apparently one of four states that now license this type of event. The Boxing Commission has jurisdiction over this activity. City Manager Bressner felt that this activity might be allowed under this proposed ordinance. He suggested that between the first and second readings of the ordinance, we could fine-tune the definition of athletic competitions. City Attorney Cherof suggested that we narrow the scope of these contact sports to those that are recognized by the Olympic Committee. 15 Meeting Minutes Regular City Commission BovntQn Bepch, FIQrida May 6, 200R Vice Mayor Ferguson asked whether it would be appropriate to have the ordinance worded "Amateur and professional events to include (delete "but not limited to'~ boxing, cheerleading, dance, gymnastics, martial arts, and wrestling as sanctioned by the Olympic Committee." City Attorney Cherof said that would be the definition that we would rework between first and second readings. Motion Vice Mayor Ferguson made a motion to amend the Land Development Regulations, Chapter 1, Definitions, by adding the definitions listed. Commissioner McKoy seconded the motion that carried unanimously. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-016. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. ~X. cTrY MANAGER'S REPORT: Consider the recision of the revocation of the Limited License Agreement for Jordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue City Manager Bressner stated that from staff's perspective, Jordan Wrecker Service did a good job of complying with the intent of the license agreement. He said that he talked to the property owners and explained that the City's main concern is that no vehicles or materials be left on the easement at night when the establishment is closed in the event we need to get in there. He felt that they have an understanding now. City Manager Bressner also felt that the original agreement may need to be modified in the future. Motion Vice Mayor Ferguson moved to rescind the revocation of the Limited License Agreement. motion was seconded by Commissioner Weiland and carried unanimously. The B. City Manager Evaluation Mayor Broening reported that the Commissioners each received a packet from the City Manager. After discussion, it was the consensus of the Commission to meet one-on-one with the City Manager and then he would report back to the Commission. The compensation issue would need to be addressed collectively in a public environment. City Manager Bressner explained that he had provided a seven-page report to the Commissioners that summarized what has been accomplished and some issues facing the City in the future. He stated that he was very proud of what staff accomplished over the past year. His job is to guide staff. He announced that this was a good year - the City is receiving grants and a number of internal programs are moving forward. He credited the City Commission with accomplishments regarding development related initiatives. 16 Meeting Minutes Regular City Commission Bovnton Beach, Flprida X. FUTURE AGENDA I'I'EMS: A. B. C. J. K. L. M. N. May 6, 2003 Update on Fire Station #4 Land Purchase and Site Options (May 20, 2003) Review of Fire Station #2 Location Options (May 20, 2003) Discussion of Purchase of Jaycee Park Parcel from Florida ]:nland Navigation District (May 20, 2003) Discuss Cash in Lieu Formula for Off-street Parking in CBD Area with possible referral to CRA (May 20, 2003) Review of"Arches" Development in CBD (May 20, 2003) Discussion of Closure of Marina Development Agreement (May 20 or June 3, 2003) Follow-up Discussion on Capital ]:mprovement Project Priorities and Funding Mechanisms (May 20 or June 3, 2003) Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members (May 20 or June 3, 2003) Review of Haitian Alliance Church Site Plan (June 3, 2003) Review of City Bidding Procedures (June 17, 2003) Review of Annexation Enclaves (June 17, 2003) Budget Discussion Workshops (July 15, 16 and 17, 2003) Follow-up Meeting with CRA on Development Tssues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) Second Budget Hearing (September 16, 2003) Proposed Resolution No, R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABI. ED OA! 1¥,4RCH :~8, 2003,) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) 17 Meeting Minutes Regular City Commission Bovnton Beach, FIQrid~ Mav 6, 200~ XT. NEW BUSTNESS: None XTT. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-015 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 6.F.1, to include residential, single family, attached use as a conditional use in the mixed use-high intensity (MU-H) zoning district City Attorney read proposed Ordinance No. 03-015 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-015. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1st Reading Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces City Attorney Cherof read proposed Ordinance No. 03-017 by title only. Motion Commissioner McCray moved to Ferguson seconded the motion. unanimously. approve proposed Ordinance No. 03-017, Vice Mayor City Clerk Prainito called the roll and the motion carried C. Resolutions: None D. Other: None 18 Meeting Minutes Regular City Commission Bovnton Beach, FIQri~Ja May 6, 200~ XIII. UNFINISHED BUSINESS: Authorize eminent domain proceedings for the acquisition of 4 parcels of land from ~, private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) ('TABLED ON APR.rL .Z~ 2003) (Prev/ous/y heard) XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 8:50 p.m. Deputy City Clerk Commissioner 19 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Eckerd at Target Commercial Center Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc. 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification approval for a pharmacy with drive- through facility on Parcel "A" LOCATION OF PROPERTY: 1895 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~"~AS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby v/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Eckerd Drugs Projects\IV Location Map Eckerd Drugstore @ Target Commercial Center MSPM 03-003 EXHIBIT "A" NIC '~ ~UD C3 MOTOROLA PID ~ i CON~SS AVENUE EXHIBIT "B" EXHBIIT "C" Ma]or Site Plan Modification Project name: Target File number: MSPM 03-003 Reference: 2nd review plans identified as Major Site Plan Modification with a April 1, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 04/21/03 2 DEPARTMENTS INCLUDE REJECT 1. The site plan (sheet S-l) tabular data is incorrect. The required parking for X the Eckerd store is based on gross floor area, not leasable area. Revise the parking data on sheet S-1 to indicate that 124 parking spaces are required for Parcel "A" and 769 parking spaces are required for the entire commercial center. 2. Remove any storage containers or other objects currently kept on site that may X obstruct any parking spaces due to impacts on surplus parking spaces (elimination of 10 spaces). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 3. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 4. To be determined. ~ t~D MWR/elj S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\MSPM 03-003 @ Target\lST REVIEW COMMENTS.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Eckerd at Target Commercial Center Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc. 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): 33309 Request Conditional Use approval for a pharmacy with drive-through facility. 1895 North Congress Avenue SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic/ant · ,/. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica, o~'s application for relief is hereby .? GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: E- ~ -'03 S:\Planning\SHARED\WP\PROJECTS\Eckerd Location Map Eckerd Drugstore EXHIBIT "A" NIC PUD C3 MOTOROLA PID CONGRESS A VEN~UE (O.R.B. t290/§19, P.B.C.R.) f N01'44'21'£ 1~5.35' 2&O,Y EXHIBIT "B" // NO1 ',44.'2~ 'E: 135.35' (RADIAL) 28.g~ EXHIBIT "B" '1 /,~ .¢ . ~ ~ ~-"_, ~ . EXHIBIT "B" . ~e P~ L ~ ~-.~- ~ ~. ) % ~ ~ B ~ ~." . ,,:: _ ~,~ f,,~==._ , -- ,-~- -- % ..... ~.~' ~ 8 ] ,~ ~ %~* ' - ................... ~': -~'.%%~'z ~T'~~'~~' /-~- ~,' ~ ~ , - '. - ..... ~,, · ~ ~ ~., .: I .................. CONGRESS AVENUE (O.R.B. ~2~O/~9, P.B.C.~.) 2 ] ~ Ill I i~ti EXHIBIT" ! · --" !llllil!lI [:l~"i::: ~ Ill Il Iil J --JJlJilJ l mm~ " ~: :~ JllliJ'! CONGRESS AVENUE (O.R.B. 1290/519. P.B.C.R.) · .. : !:,ljll:.l, i! ] '" ': ":: I " "~ ECKERD EXHIBIT "B" :-! I<~N~' ~. ~1~0~, A.I.A., A~C~I~ I~l ~~~ ~ ] ~L~~n~'~m~'Ln~v"~'~n'~I-i~;~J M~P ] 1895 N. CONGRESS AVE., GOYNTON BEACH, FLORIDA EXHIBIT "B" STORE NO. 396 A-$.I KENI D. H~MILION, A.I.A., AR~HII'E~I /' 20 I/ ~'~COe~I~:I~J'IBO~e~'~I~'W~'LAIJII~E~'~¥'IfI~'I~'~'F[~A'~$'I~I~ 895 N. CONGRESS AVE., BOYNTON BEACH, FLORIDA EXHIBIT "B" // OON~ESS AVP_.NUE ,hill.iii EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Eckerd ~ Target Commercial Center File number: COUS 03-001 Reference: 2nd review plans identified as a Conditional Use with an April 1, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742-6200) X regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION 2. Add a general note to the site plan that all plans submitted for specific permits X shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 3. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). 4. Provide a lighting plan showing that the site meets the minimum site lighting X requirements of the LDR, Chapter 23, Article II, Section A. 5. On the site and civil plans, show and identify all necessary traffic control devices X (including existing traffic control) such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings B-98001 and B-90013 for striping details. FIRE COA 04/21/03 2 DEPARTMENTS INCLUDE REJECT Comments: None [ X POLICE Comments: None X BUILDING DIVISION Comments: 6. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 9. The cross-section representing the two (2) landscape berms is inadequate to X screen the drive-through feature. At the time of permitting, provide a more detailed cross-section of the two (2) proposed landscape berms, accurately showing their dimensions. The cross-section shall also include the following: plant species, plant spacing, plant specifications, and plant quantities. 10. At the time of permitting, on the landscape plan (sheet LA-l), show the health X condition of all of the existing trees and vegetation along the perimeter of the site. All missing, dead or poor health condition trees / vegetation must be replaced throughout the site. 11. The existing landscape plantings along Congress Avenue should be increased in X number or substituted with alternate plant species in order to visually buffer the drive through facility from the public right-of-way (Congress Avenue). At the time of permitting, submit a revised landscape plan that meets the intent of Chapter 9 - Community Design Plan. COA 04/21/03 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. This project requires conditional use approval for the drive-through facility. X 13. The site plan (sheet C-2) tabular data is incorrect. The required parking for the X Eckerd store is based on gross floor area, not gross leasable area. For consistency, revise the parking data on sheet C-2 to indicate that 124 parking spaces are required for Parcel "A" and 769 parking spaces are required for the entire commercial center. 14. The east landscape buffer (along Congress Avenue) shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 15. The newly created drive through landscape island shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 16. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is to X be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 17. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 18. To be determined. ~ ~ MWR/elj (~ S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\COUS 03-001 @ Target\COA.doc EXHIBIT "D" ~i iii Memorandum To.' Planning and Zoning Department City of Boynton Beach From: Erik Jon Wilczek, P.E. Date: March 28, 2003 Subject: Eckerd Conditional Use Justification for Approval File Number MPMD 03-002 The following is a justification memo for the approval of the Conditional Use for Eckerd Drug Store from Chapter 2, Section 11.2.D. of the City of Boynton Beach Land Development Regulations. The bold text following each item from the code is provided by the applicant in response to the code. D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall consider only such conditional uses as are author/zed under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The e~sting building will be utilized, and there will be no changes to the ingress and egress. Per staff comment and to enhance the project, a handicap accessible connection from the building to the sidewalk in the COngress Avenue R/~V is proposed. ~ 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D. 1. above, and the economic, glare, noise, "- i EXHIBIT "D" and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. No additional parking will be added as part of this submittal. Loading area will be in the same area as previously approved. It will be brought to code in dimension, improving the interface with traffic flow. Additional landscaping has been added to the site to reduce effects of loading area. 3. Refuse and service areas, with particular reference to the items in subsection D. 1. and D.2. above. The dumpster enclosure will be screened per code with wall and landscaping. 4. Utilities, with reference to locations, availability, and compatibility. NA, existing utilities will be used. 5. Screening, buffer/ng and landscaping with reference to type, dimensions, and character. The existing landscaping will be increased to buffer the drive-thru and enhance the character of the building. Native species will be the majority of plant material. All trees will be greater than 12' in height at planting. 6. Signs, and proposed exterior lighting, with reference to glare, ~affic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The only additional lighting will be recessed lighting under the 4' pedestrian canopy that is directed down. Therefore, there should be negligible impact to the roadway or neighboring properties. 7. Required setbacks and other open spaces. NA, the project will occupy the existing building and the reduction in pavement basically equals the new pavement. 8. General compatibility with adjacent properties, and other property in the zoning district. The architectural elements of the adjacent buildings have been incorporated into the building fagade. Specifically the 'western' roof element from the adjacent Target store has been incorporated, as well as the replacement of the fabric canopies to barrel tile roof canopies. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole, t~ The ex~stmg one-story structure will be used. All additional fa~:ade features will be consistent with adjacent buildings. .... EXHIBIT "D" 10. Economic effects on adjacent and nearby properties, and the city as a whole. The impact should be negliable; the existing use is commercial, the proposed use is commercial. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The plans have been reviewed by City staff and will conform to the City. stantards. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. The proposed will comply with City noise ordinances. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: NA a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the .surfaces of ceilings, walls, windows, and floors and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and live to the City Clerk prior to the start of the City Commission M~ff~;~ting. ~ of Ma~er to be ~d~essed-(~plc per card) If a person decide~ to Ippesl ~ny decision made by tam City Conuniseion with respect to nay matter considered it this meet~n.~, he/she will need a record or the procsedJ-_~U ~nd, for ene& purpose, b/she may need to ensure that I verbatim record of the proceedings is made, which record inoludes the testimony end evidence upon which the ippeal is to be bind. (F.8. 286.010S) The City shell tarnish appropriate auzllhry ~ and servtcos where necemmry to afford an indtvtdnel with a disability an equal opportunity to perttcipets 'in and enjoy the benefits or a service, proi~lm, or activity conducted by the City. Please contact Joyce Coetello, (561) 742-6013 it le~t twenty-four hours prior to tho pro[~am or activity in order for the city to reasonably accommodate your request. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City NameCommission Meeting. Address "'] D [ ~' ~ '-r ~ ~k~._~~~ ~ t_t/r-~ . Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision i ~mission with respect to any matter considered at this meeting, he/she w/Il need a record of the proceedings and, l~l~such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimon'~ and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk pri/or to the start of the City Commission Meeting. . Telephone # ~ ~q~ Summary of Matter to be Addr~sed ~~ ~-~- ~-~r~'~-~~-'~b~-~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City NameC°mmissi°n Meeti~ ~-~ --~ 5 Address Telephone # Summary of Matter to be Adl If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105] The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the pro~ram or activity in or~r e~, +~o ~:, .... BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE FiLl in the information called for below and Eive to the City Clerk priorJ~the start of the City Commission Meetin Name Address Telephone # 7 3,,~' ~ 7~9 ~ Summary of Matter to be A~~/~ 7C// If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.- BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS /11 in the information called for below and give to the City Clerk prio~ the start of the City Address Telephone# ~____~~~~~-~ Agenda# .~~ ~J'' * ~"~:~ / Summary of__Matter to b~d - {One/t~?ic p~r card} If a l~rsoa dc~id~s to ~VI~Sl ~ay d~flsioa ~a~ ~y tl~ City Commission with r~sl~ct to any m~ttcr coasid~r~d at this mooting, hc/suc will n~d a reconi of th~ Im~di~s stol, f~r such Im~os~, h~/sh~ may n~ed to ensu~ that a wrbattm reeurd of thc proceedings is madc, which r~o~d includes th~ t~4m~ny ~ad ~ld~a~ ulmn which th~ apical is to be hasod. {F.~. 2g~.OlOS} The City shall furnish apl~opriato em~t~iary ~ ami service~ where neccz~ry to afford an individual with a disability an equal opportunity to participato in and enjoy the b~u~flt~ of a sorvice, pro,am, or activity conducted by ttm City. Pleaso contact Joyce Coetello, ($61! 743-6013 at iaut twenty-four hou~ prior to tim program or activity in order for the city to reuonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to tb/2~tart of the City Commission Meeting. // mary of Matter to be Addressed~er card) If a ~on decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinf, he/she will need a record of the proceedings and, for such purpose, he/she my need te ensure that a v~rbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal it to be based. (IP.8. 286.0105) The City shall famish appropriate auxiliary aids and services where neeesmuy to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, profram, or activity conducted by the City. Please contact Joyce Coetello, (561) 742-6013 st least twenty-four horn prior to the pro.mn or activity in order for the city to reuonaMy accom~,odate your'requect. See reverse side for ImpoFtant message BOYNTON BEACH crrY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS ?ill in the information c~lled for below and give t~ the City Clerk prior to the start of the City 3,ommission Mee~!-g._ / Name ' _ (~ .~/_ . ~ -~TZ/ Address Telephone # ' Agenda Summary o~f Matter to b~ Add~essedJ(One topic pet card) ~ - -{ '~ If a parson decide3 to appeal any decialon ma the City Comm/asion with respect to any rotter considered at this meeting, he/she will need a record of the proeecdJn_~8 and, for such purpose, he/she may need to ensure that a wrbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bind. (F.S. 286.010S) The City shall furnish appropriate auxiliary aids and sez3dces where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro~l~un, or activity conducted by the City. Please contact Joyce Coetello, (561) 742-6013 at least twenty-four heure prior to the proi~mn or activity in order for the city to reasonably acco,~,,,odate O BOYNTON BEACH CITY COMMISSION 1VIEWING F~',~ ~Owl~.~ "1 ~ --~ --, --- ---m F,,~,==, ==/aue may ueea to emro ~ a ~ · ~. ~ .............. .~ .~-~ u~u w~ m~ ap~m m to ne ua~. (~.8. ~6.01051 .... · ~ ~ ~ ap~~ a~ ~ ~ ~ whe~ ~ce~ to afford ~ ' oppo~ to p~cipam h ~d e~ ~ ~fl~ fir ~ ~ ............... h~ ~ a ~b~ ~ eq~ ~o. (56!) 742~13 at least ~*fom ~m ~or m ~ --o ....... ,~ ........... ~ t Joyce r--- ~. ~m ~. -~---,Ly m ora~ zor ~e ci~ to ~o~bly accommodate your request. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and live to the City Clerk prior to the start of the City Commission Meeting. Address Telephone# Agenda,o3 / 7 Summa. of Ma~e~o be A~essed-,One~ top,c per ~d) ~ ~'_~ ~?~_~ ~y ~y~ ~~ ~de ~ ~. Ci~ ~~n~ ~.~ct to ~y m~, co~id~d at t~', meetS, he/she oppo~ to p~ipam ~ ~d e~ ~ ~ of a ~e, ~, or ac~ cond~ed by ~ Ci~. ~ea~ con.ct ~oyce CosteUo, (561) 742~013 at le~t ~ea~-fo~ ~ ~r ~ ~ p~ or acti~ ~ order for ~e ci~ to ~uo~bly accommodate ro~ request. ~ee ~ve~e side ~or imDo~ant message O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City CommissiOnName Meeting. ~/~~_ Address Telephone # person decides to decision ma~ry the City %. -- will need a record of the proceedin~ and,~ such purpose, he/she may made, which record includes the teatimo~and evidence upon which the The City shall furnish appropriate aumllia~ aids and services where opportunity to participate in'and enjoy the benefits of a aervice, program, or Coatello, {561) 742-6013 at leaat twenty-four hours prior to the pro,am or your requeat. to any matter considered at this meeting, he/she to ensure that a verbatim record of the proceedings is is to be ba~d. (F.S. 386.0105) to afford an individual with a disability an equal conducted by tho City. Please contact Joyce in order for the city to reasonably accommodate BEACH CITY COMMISSION MEETING BOYNTON PUBLIC COMMENT CARD ~ ~'~ FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ~ill in the information called for below and give to the City Clerk prior to the start of the City 2ommission Meeting. Name Address Telephone # ~ ~%-~_ c/ 7 F d Summary of Matter to be A, ~Cf { c( rto -~- If a person decides to appeal any de made with respect to considered at this meeting, he/she will need a record of the and, for such need to that a verbatim record of the proceedings is made, which record includes ~y and evidence upon to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services ~cessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, ~, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program activity in order for the city to reasonably accommodate your request. EXHIBIT - MAY ~', 2003 CITY Ci ~MMISSION MEECING WORKFORCE ALLIANCE ....... J. MAX DAVIS, CHAII~M ~-tN KENNETH E. MONTGOMERY, PRESIDENT MINUTES OF THE BOARD OF DIREC'I'ORS MEETING Thursday, March 26, 2003 at 12:()0 Noon 2051 Martin Luther King, Jr. Blvd., Riviera Beach, Florida, FL 3 M04 CALL TO ORDER The monthly meeting of the Workforce Alliance Board .cas held on Thursday, March 20, 2003, at 2051 Martin Luther King Jr., Blvd., Riviera Beach, Florida. The meet; ng was called to order at 12:16 p.m. The Chairman commended the l'mch menu. Roll Call indicated a quorum was present with the follow mg Board Members William W. Bennett Shelley Boyce Louise Buie Suzanne Carlson Mel D. Coleman, Ed.D. Max Davis David Foxworth Dennis Gallon, Ph.D. Leroy Givens Addie Greene William B. Howden Randy K. Johnson Larry Jordan David Luhrsen, Ph. Steven Parrish Lydia Patterson Sid Poe William t. Pmitt Clare Riv,:m Kathryn S c~,~idt David Semadeni Ted Simp tins Linda Sor~lls David Talley William Wood The following members were absent: ('*' = excL:se,:l absence) Don Chester* Colleen Rupp* Marvin T~nck** Dr. Art Johnson* Richard Slaymaker"' Eirene Wefts"' Dr. Jean Malecki* **Kathy Spencer for Marvin Tanck The Chairman introduced and welcomed Larry J or~an, Area Supen isor, Division of Vocational Rehabilitation, Florida Department ofl!ducation, our new board member Approval and/or Additions, Deletions or Corrections to the Agenda The following items were added to the agenda: · Back up to ll A-1 (NAWB) · Substitute Back up to 11F-1 (Security Guard Sc~vices) * January 2003 Monthly Repon · Training Services Committee Minutes · Survey Questionnaire - Please complete and give to Ms. Salasky teda), · Giving Children Help and Skills for the 21s~ Century funded by the 9~artment of Labor, an excellent tool. Mr. Howden recently gave a Career Academies presentation to parents. · 'Packaging Your Message' (StarGmup Iaterna!~onal) · }VDChronicles 6 Bo Ce service providers could reapply. These providers include the Academy for Practical Nursing & Health Occupations (APNHO), Excel Alternatives, Gulfstream Goodwill Industries and the Juvenile Transition Center. Depending upon future legislation, youth program providers may serve only the out-of-school youth population. Mr. Montgomery cautioned that the RFP specifications must take this into consideration. Mr. Talley moved and Mr. Givens seconded to release a Request for Proposals for the provision of Year Round Youth programs. The motion unanimously carried. Training Services (TS) Report: - Mr. Givens, Chair thanked the board members for approving the rrA contract item at its February 27"' meeting. The committee has decided to hold bimonthly meetings as many other committees have done. The committee was sorry to lose committee member Susan Campbell, a computer expert. He invited those board members without a committee affiliation to visit the next Training Services Committee meeting on April 22~ at 11:00 a.m. Better Jobs/Better Wages (BJ/BW) Report: The Chairman stated that there was no report. The next committee meeting is Tuesday, March 25~ at 9:00 a.m. First Jobs/First Wages (FJ/FW) Report: Mr. Talley, Chairman requested approval to renew the four current Year Round Youth Program provider contracts for the period July 1, 2003 - June 30, 2004. Mr. Montgomery stated that the recommendation should be contingent on completion of the current program and review of evaluations and audits. Excel Alternatives is in negotiations with another company. When the operating company is known, it will be presented for the board's approval. The Chairman recognized Commissioner Ronald Weiland, City of Boynton Beach who addressed the board members about allegations of a breach of contract and unanswered questions with regard to the Juvenile Transition Center. He was concerned that the Workforce Alliance Board was approving an expenditure of public funds when these questions were not resolved. He added that the JTC had a good program that benefited Boynton Beach youth. The JTC petitioned the City of Boynton Beach for funding, but the request was tabled. The Chairman thanked Commissioner Weiland for taking the time to speak to the board members. Legal Counsel responded that an Ad-Hoc Committee met on February 13~ to review a JTC contract violation and other issues. This allegation does not relate to the current contract, but to the auditor's findings on last year's contract, a potential overpayment of $13,000 to the .ITC for two certified teachers that were not used. The / committee asked him to contact the state for approval of a contract modification. / / Mr. Pruitt asked if approval to renew wan provisional~ in consideration of the JTC matter and the possible Excel Altematives merger. Mr. Montgomery agreed. // Ms. Patterson asked for clarification and wondered if there was a contingency plan. Legal Counsel said that The Ad-Hoe Committee is composed of Commissioner Greene, Dr. Coleman and Randy Johnson. There had been dialogue in public 8 ge meetings and in the press. Mr. Montgomery said that JTC's I7-25 students cou',d be rolled into the other youth programs if needed. Mr. Bennett asked what period of time was involved? Mr. Montgomery responded that there were two items under consideration. The four contracts that are currer,:lx; in place contain a one-year renewal option, July 1, 2003 - June 30, 2004. The .~¥C contract violation that was discussed relates to the prior )'ear's contract. At the same time~ staff'will issue an RFP for youth services effective July 1, 2004. The RFP should be released in August with proposals due before the holidays. It is important to take early action because recruitment of youth always takes place in the spnng. Dr. Coleman, Chair of the Performance Team said that it was the team's recommendation that the four providers go forward with one-year contracts, understanding that outstanding issues will be resolved in the interim. 1. Approval to Renew the Progam Year 2003 Contracts with the Year Round Youth Contractors Accordin~ to the Allocations as Recommended by the First Sobs/First Wa~es Committee. Mr. Talley moved and Mr. Wood seconded to approve rene~val ortho Program Year 2003 contracts for Year Round Youth on July 1, 2003 - June 30, 2004, contingent on completion of the current program and review of evaluations and audits, based on funding availability and successful negotiation of a contract, and the result of Excel Alternatives merger plans as determined by the Alliance. Upon roll call the motion unanimously carried. High Skills/High Wages Report: Mr. Wood, Chair reported that the committee would meet on Monday, March 24th at 8:15 a.m. The Tfi-County High Skills/High Wages Partnership has invited Jacksonville representatives to its April 21 st meeting to discuss best practices. Mr. Johnson hoped that everyone would adopt a legislator, which means that you are the point person to contact that legislator. Mr. Wood agreed that this would make a good impact. The Chairman has adopted Senator leffAtwater through his legislative aide. The legislators want us to inform them what is happening in Palm Beach County. Marketing, Operations Review and Evaluation (MORE) Report: Mr. Bennett, Chair announced that Board Retreat is scheduled for Thursday, May Ist at the Ironhorse County Club. The day will begin with an Executive Committee at 8:00 a.m. The Retreat will begin at 9:00 a.m., including breakfast and lunch. Additional activities are available after lunch. The items to be covered include a Strategic Plan, a preliminary Marketing Plan and Rebecca Rust will present a detailed labor market report focused on Palm Beach County. Those who attended the Workforce Florida. Inc. board meeting in Orlando enjoyed Ms. Rust's presentation. In conclusion, a proposal will be presented to form an alliance with county leaders in seamless integrated partnership. The Futurist Committee held a productive meeting on March 19th and will repor~ at the Retreat. He hoped that the board members would tour the renovated first floor. Mr. Montgomery offered a tour after today's meeting. Mr. Bennett referred to the Substitute Back up for the Security Guard Ser~4ces in the board members' packets. The RFP was issued on October 1st for the Alliance's 9 EXHIBIT - MAY 6, 2003 CITY COMMISSION MEETING May 6, 2003 Good even~g Mayor, CO~isfiOn~, City St~memb~ and citizens, Two quick and very important issues: About one year ago, I was able to provide a brief update to you about the progress of the program called PATCH ~lann~ Approached to Community Health) was having on this community. I'm proud to say that this Board of volunteers under the direction of its President, Mrs. Angela Girtman and City Staff Liaison, Neighborhood Specialist, Mr. Dan DeCarlo - for the past 30 months has continued to provide help for those in our community that has needed assistance in the areas that were identified as being priorities. Time does not allow to review publicly at this time what I've provided you and would ask you to review. The Boynton Beach PATCH is gaining ground, credibility and access to helping substantially make a difference in our neighbor's lives and in some cases even saving lives. This was made possible by our Comm~ty RelatiOns Board with:the Conc~ence of the City Commission ~ November of 2000. ' e. Schoolhouse Children s Museum - Commissioners, ladies and gentlemen - this is one of the most incredible success stories of collaboration I have ever heard of in an organization that has only been opened for business for 16 months. As a Board member I would like to be the one to take credit for its success. However, I cannot! Under the Leadership of Mrs. Hillary Lynch, Board Chairperson and the Executive Director, Mrs. Arlene Dennison - this place is probably one of the most successful endeavors this State has ever seen - and it sits directly across the street. OPENS DECEMBER 2001 ! DECEMBER - APRIL 2001, AVERAGE ATTENDANCE 1814 PER MONTH. DECEMBER 2001 - NOVEMBER 2002, AVERAGE ATTENDANCE 2682 PER MONTH. DECEMBER 2002 - APRIL 2003, AVERAGE MONTHLY ATTENDANCE IS AT 2834. What an incredible partnership between a private citizen Board of volunteers and this City! Ladies and Gentlemen this is ECONOMIC IMPACT due to a private/public partnership in its finest form and every now and again, I think it's some of the most important information this Commission can take pride in being a part of. In many ways, these two partnerships I've described are different - but both came with some risk and both have. brought great credit to this City in different venues because of someone stepping up to the plate and saying the risk is worth it. All the Community Boards are doing great work and I know how important their work is. I commend them too for their efforts. These are in some ways the same, but in many ways different too, I know you do, but when you have a moment, please take the opportunity to say thank you to Hilary, Angela, Dan and Arleen. The excellent work that these individuals are doing is absolutely above and beyond even on a cloudy day! I thank them and I thank you! Sincerely, Brian K. Edwards, 629 NE 9th Ave, Boynton Beach, FL 33435, #732-2739 .~XHIBIT - MAY 6, 2003 CITY COMMISSION MEETING May 6, 2003 Dick Hudson Planning and Zoning Division City of Boynton Beach 100 E. Boymon Beach Boulevard Boynton Beach, FL 33425 Dear Dick: As agem for Beth Peschl on the applications ANEX 03-001 and LUAR 03-002, I would like to request that the above referenced applications be tabled at tonight's City Commission meeting for a period of thirty days. Authorized Agent cc: Beth Peschl .~XHIBIT - MAY 6, 2003 CITY COMMISSION MEETING May 6, 2003 Dick Hudson Planning and Zoning Division City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Dear Dick: As agent for Beth Peschl on the applications ANEX 01-001 and LUAR 03-002, I would like to request that the above referenced applications be tabled at tonight's City Commission meeting for a period of thirty days. _~, Authorized Agent cc: Beth Peschl