Loading...
Minutes 07-15-03 (2) t4ZNUTES OF THE REGULAR CZTY COt4t4TSSTON t4EETZNG HELD TN COPlt4TSSZON CHAt4BERS~ CTI'Y HALL~ BOYNTON BEACH~ FLORZDA~ ON TUESDAY, 3ULY ZS, 2003 AT 6:30 P. t4. Present Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Kerry Ezrol, Assistant City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner · r. OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McKoy Mayor Broening called the meeting to order at 6:30 p.m. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag led by Commissioner McKoy. Mayor Broening recognized Assistant City Attorney Kerry Ezrol who was sitting in for .lim Cherof, City Attorney. He also recognized members of Mad Dads who were in the audience. D. TF YOU WISH TO ADDRESS THE COMMISSION: · FZLL OUT THE APPROPRZATE RE(~UEST FORt4 · GZVE z'r TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COI~IPLETED · COt4E TO THE PODZUt4 WHEN THE I~IAYOR CALLS YOUR NAf4E TNDZVTDUALS t4AY SPEAK FOR THREE UNZNTERRUPTED I~IZNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Hotion Commissioner McCray moved to approve the agenda. Motion was seconded by Vice Mayor Ferguson and carried unanimously. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQridp 3ulv 15, 200~ ZT. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson announced that the Boynton Beach YMCA kicked off their Partners with Youth Program this week and he felt that it is a very worthy program. He is contributing Community Investment Funds for the program and he suggested that other Commissioners might want to do the same. He also spoke of an exhibit he saw at the museum at the Old School Square in Delray Beach called the "Picture of Hatred." It is a series of pictorial materials that illustrate prejudices and he recommended the exhibit highly. TTT. ANNOUNCEMENTS, COMMUNI'TY & SPECLRL EVENTS, & PRESENTA'I/ONS: A. Announcements: 1. Special City Commission Meeting regarding Budget - July 16, 2003 at 3:00 p.m. in the Library Program Room Mayor Broening announced that there would be a budget workshop tomorrow at 3:00 p.m. to set the millage rate for next year. 2. Special City Commission Meeting regarding Budget (if necessary) - July 17, 2003 at 3:00 p.m. in the Library Program Room Mayor Broening said that, if necessary, there would be another budget workshop on Thursday, July 17th. B. Community and Special Events: 1. "America's Night Out Against Crime" - August 5, 2003 Marshall Gage, Police Chief, explained that America's Night Out Against Crime was recognized throughout the country by crime prevention organizations. The festivities will be at Target's on Gateway Boulevard and Congress Avenue from 6:00 to 9:30 p.m. He encouraged everyone who wants to join together to voice their expression against crime to attend. Ben Bryant from Mad Dads of Greater Boynton Beach announced that they would be participating in America's Night Out Against Crime. There will also be a banquet on July 24m for the kids who attended the summer academic camp. It will be held at 6:00 p.m. at Congress Middle School. C. Presentations: 1. Proclamations: a. Recreation & Parks Month - July 2003 2 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida July 15, 200~ Mayor Broening read the Recreation & Parks Month proclamation. He thanked the excellent Recreation & Parks staff and the Recreation & Parks Board. [V. ADMTNISTRA1/VE: A. Accept resignation of Clifford A. Royael, Alternate Member of the Community Relations Board Motion Vice Mayor Ferguson moved to accept the resignation of Clifford A. Royael. Commissioner McCray seconded the motion that carried unanimously. B. Accept resignation of Herb Suss, Regular Member of the Library Board Motion Vice Mayor Ferguson moved to accept the resignation of Herb Suss. Commissioner McCray seconded the motion that carried unanimously. C. Accept resignation from Shanna St. 3ohn, Regular Member of the Advisory Board on Children & Youth Motion Vice Mayor Ferguson moved to accept the resignation of Shanna St. John. Commissioner McCray seconded the motion that carried unanimously. D. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt 1 yr term to 4/04 I Weiland Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) IV McKoy Cemetery Board Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Cemetery Board Reg 3 yr term to 4/05 IV McKoy Community Relations Board Alt 1 yr term to 4/04 IV McKoy Education Advisory Board Alt i yr term to 4/04 Mayor Broening Education Advisory Board Stu i yr term to 4/04 Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08 Tabled (3) IV McKoy Library Board Reg 3 yr term to 4/06 Tabled (3) Mayor Broening Library Board Reg 3 yr term to 4/04 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida 3uly 15, 200~ IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Senior Advisory Board Alt 1 yr term to 4/04 Tabled (3) Commissioner Weiland appointed Betty Spinelli as an Alternate Member of the Senior Advisory Board. · Commissioner McKoy moved Barbara McGee from an Alternate Member to a Regular Member of the Library Board. · Mayor Broening appointed Jim Ryzy as a Regular Member of the Cemetery Board. · Mayor Broening appointed Herb Suss as a Regular Member of the Golf Course Advisory Committee. · Mayor Broening appointed Alice Otis as a Regular Member of the Library Board. Motion Commissioner McCray moved to approve the appointments. Vice Mayor Ferguson seconded the motion that carried unanimously. 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: 1. City Commission Capital Improvement Projects Workshop of June 10, 2003 2. Agenda Preview Conference of June 16, 2003 3. City Commission Land Development Regulations Workshop of June 17, 2003 Regular City Commission Meeting of June 17, 2003 5. Special City Commission Meeting of July 1, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve the renegotiation of a i year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, LEVINE, DRUKER, PORTER, & VE:[L, P.A. of West Palm Beach, Florida, for the fiscal year ended September 30, 2003 (Proposed Resolution No, R03-109) Meeting Minutes Regular City Commission Meeting Bovnton Beach, FI0ridp 3uly 15, 2003 2. Approve the "piggy-back" on the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills, Florida, for Debris Collection and Disposal 2003 Hurricane Season (all expenses will be reimbursable through FEMA; therefore, there is no expenditure) (Proposed Resolution No. R03-110) 3. Award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLTES,' Bid #069-1412-03/3A, to various vendors with an estimated annual expenditure of $35,000 4. Award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS'; Bid #057-2510-03/C3D to INDUSTRIAL REFUSE SALES, of Eaton Park, Florida, in the amount of $100,000 5. Award Bid #058-2413-03/C]D, Poinciana Heights Water Main Replacement Project, to AKA Services, Inc., in the amount of $616,115 plus owner's contingency of 10% for a total project budget appropriation of $677,726.50 (Proposed Resolution No. R03-111) 6. Award the "INSTALLATION OF A STDEWALK ALONG THE NORTH SIDE OF N.W. 4t~ AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE INSTALLATION OF AN ACCESSIBILITY SIDEWALK AT SARA S]~MMS MEMORIAL PARK" in the amount of $75,059.25 7. Award the bid for "TWO-YEAR CONIRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C3D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms Commissioner McCray requested that item B.7 be pulled from the consent agenda. C. Resolutions: 1. Proposed Resolution No. R03-112 Re: Release of a cash bond of $495 to LM Development for the project known as Inches-A- Weight 2. Proposed Resolution No. R03-113 Re: Release of a cash bond of $1,340 to Venture Realty, Inc. for the project known as East Coast Furniture 3. Proposed Resolution No. RO3-114 Re: Accepting Letter of Credit No. 3056469 with amendment no. i from Bank of America in the amount of $5,997 as surety for the satisfactory performance of the sewer improvements for the project known as Ocean Cay 5 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp 3uly 15, 2003 4. Proposed Resolution No. R03-115 Re: Release of cash surety in the amount of $2,500 for the Boynton Lakes Plat 5 Subdivision 5. Proposed Resolution No. R03-116 Re: Full release of the remaining surety for the sewer system improvements for the project by the Town of Hypoluxo, known as Hypoluxo Point, in the amount of $80,000 6. Proposed Resolution No. R03-117 Re: Full release of the remaining surety for the water and sewer system improvements for the project known as Tsland Reach Apartments, and refunding the cash surety in the amount of $25,278 to the original developer, Island Reach Partners, Ltd. 7. Proposed Resolution No. R03-118 Re: Accepting Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust in the amount of $75,431 as surety for the satisfactory performance of the water and sewer improvements for the project known as Survivors Charter School (Quantum Park Lots 18, 19, 18A & 19A) 8. Proposed Resolution No. R03-119 Re: Agreement for Water Service Outside the City Limits with Brian Spence as owner for the property located at 1095 3ames Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ridge) 9. Proposed Resolution No. R03-120 Re: Reduction of the surety requirement covering the water and wastewater systems for the project known as Artesa/Jonathan's Creek by the amount of $345,636, resulting in a revised surety amount of $18,200 10. Proposed Resolution No. R03-121 Re: Reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100 11. Proposed Resolution No. R03-122 Re: Extension and Amendment to Agreement between the City of Boynton Beach and Paul W. Smith Enterprises, ]:nc., d/b/a Boynton Transit Advertising regarding bus shelters and bus benches 12. Proposed Resolution No. R03-123 Re: Ratification of the collective bargaining agreement between the City of Boynton Beach and the Police Benevolent Association - Police Lieutenants 13. Intentionally left blank 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida 3uly 15, 2003 14. Proposed Resolution No. R03-124 Re: First Amendment to the Interlocal Agreement established by R01-337 between the City of Boynton Beach and the Municipal Public Safety Communications Consortium for the construction and implementation of its Countywide Interoperable Radio Communications System 15. Proposed Resolution No. R03-125 Re: Release of two cash bonds, totaling the sum of $7,580.10, to Vitcar Consulting Co., ]~nc. for the project known as Medical Arts Professional Center, located at 2300 S. Congress Avenue 16. Intentionally left blank 17. Proposed Resolution No. R03-126 Re: Approval of Task Order No. 25 in the amount of $1,285,947 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,244.35) with CH2M Hill, ]~nc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater Improvements and Water Main Replacement project (formerly Neighborhood 7/8/9) 18. Proposed Resolution No. R03-127 Re: Release of restoration surety of $11,000 for Boynton Beach Market Place (Waters Edge Marina, Inc.) D, Ratification of Planning & Development Board Action: 1. Ed Carey Design (MSPM 03-002), 2600 High Ridge Road - Request for a major site plan modification to construct a 1,940 square foot building addition to be used as a showroom for an existing 5,605 square foot business on 1.77 acres in the PID zoning district (Quantum Park PTD) 2. Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse units, a l-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28.368 acres Vice Mayor Ferguson requested that item D.2 be pulled from the consent agenda. 3. Seacrest Medical Tower (HTEX O3-004), NE corner of SE 23rd Avenue and Seacrest Boulevard - Request for a height exception of 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the decorative roof for the elevators to be 35' 8" in height, a distance of 8 inches above the 35-foot Meeting Minutes Regular City Commission Meeting Bovntpn Beach, Flprida July 15, 200~ maximum height allowed for a building with under building parking in the C-1 zoning district E. Ratification of CRA Action: 1. Phillips Tndustrial Park (NWSP 03-O03), Lots 4 and 5, West Industrial Avenue Request for site plan approval for a 14,480 square foot office/warehouse building, 6 material storage bins, and related site improvements on a 1.43-acre lot in the M-1 Industrial zoning district 2. The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district Commissioner McCray requested that item E.2 be removed from the consent agenda. Tt was pointed out that the applicant requested that this item be tabled. Motipn Vice Mayor Ferguson moved to table item E.2. Commissioner McKoy seconded the motion that carried unanimously. F. Approve the petition from Dennis Leahy, representing Encore Sedan-Limousine Service vehicle for hire business, for a Certificate of Public Convenience and Necessity G. Authorize the Utilities Department to turn over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount H. Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same I. Allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament (Commissioner non Weiland) ]. Accept the written report to Commission of purchases over $10,000 for the months of May and June 2003 for informational purposes K. Allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center (Vice Mayor Ferguson) L. Approve the excavation permit for removal of approximately 85,000 cubic yards from Tract "~1' and Lot 34-C for additional stormwater detention necessary for continued development on the north half of the Quantum Park Development 8 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQri~Ja July 15, 2003 M. Status report on proposed purchase of 4 parcels for NE 7th Street Area Water Main Replacement and Stormwater Improvement Project Vice Mayor Ferguson requested that item M be pulled from the consent agenda. N. Approval of the plat of Boynton Beach Woolbright Parcel subject to approval by the City Engineer O. Approval of the plat of Hawk's Landing P.U.D. subject to approval by the City Engineer Motion Commissioner McCray moved to approve the consent agenda as amended. Vice Mayor Ferguson seconded the motion that carried unanimously. B.7. Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C]D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms Steve Stidham, Martin Uniform Company, S401 Locklear Place, Riverview, Florida, explained that a week before they received the bid, they wrote a protest letter dated May 21st regarding the specifications that required a representative to be located in Palm Beach County and a tailor on site. Subsequently, there was an addendum that changed the wording to "the awarded vendor must have a business located within Palm Beach County and a tailor on site to assist when needed." Mr. Stidham said that they have held this contract successfully for 15 plus years. The Palm Beach County location was never a requirement. A week before the protest letter was sent, he spoke to Dominic DeMauro, Warehouse Manager, who said the program was running fine but the Police and Fire Departments wanted to change the requirement to a location within Palm Beach County. Mr. Stidham stated that in a subsequent conversation he had with Police Chief Gage, there was no such desire on the part of the Police Department. Mr. Stidham said that the specification for a company to be located in Palm Beach County would allow the bid to go to someone who is 56 miles away but would not allow someone only 17 miles away in Broward County. He felt that the City is eliminating at least five bidders in South Florida and restricting competition and incentive for the local Boynton Beach bidder to offer their most competitive price. Martin's Uniforms is not questioning that the bid met Federal, State and Municipal laws. They are questioning whether it was the most fiscally responsible bid. Three bidders bid all items. Two, including his company, were ruled non-responsive. Of the bidders who bid all of the uniforms, he stated that Martin's was 16% below the recommended awardee and 40% below for the Police Department uniforms. He was here today to ask the Commission to award the bid to his company or at least table the award. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3uly 15, 200~ Commissioner McCray commented that it had been the desire of this Commission to look at businesses in Boynton Beach and Palm Beach County. Commissioner Weiland did not feel that the Commission wanted to do that if it would cost more money. He would prefer a local contractor but not if we could get the uniforms for 40% less and if the service has been satisfactory. Dominic DeMauro, Warehouse Manager, explained that they took into consideration the vendors' prices. Special Products Group's overall price is lower. The jacket that Martin's bid was $109 but the jacket was not accepted. If you remove that price from the Police Department, SPG's price was $477.70 and Martin's Uniforms was $482. Mr. DeMauro also stated that having a local vendor would reduce staff's time and save $7,540. Mayor Broening asked how quality is determined. Mr. DeMauro said that the departments wear test the products. Mayor Broening said that this Commission had asked staff to look at buying locally but we need assurance that there is quality associated with the new bid. City Manager Bressner said that staff made the recommendation to award the bid to SPG based on meeting the specifications and the availability of having their staff in the proximity of the City to respond to our needs. The $7,000 figure is reflective of costs that we estimated that we would bear if we did not go with this recommended vendor. We believe that the City has the right to determine the location of a vendor. Both Police Chief Marshall Gage and Fire Chief Bill Bingham indicated that the quality of both companies met their needs. When asked whose price is lower, Mr. DeMauro responded that SPG's prices were. City Manager Bressner said that staff would provide the Commission with documentation concerning the performance of the vendor. He understood from staff that the service level from Martin's has not been totally satisfactory in all areas. Motion Commissioner McCray moved to table this item until the next Commission meeting. Commissioner Weiland seconded the motion that carried unanimously. D.2. Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse units, a 1-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28.368 acres Mike Fitzpatrick requested that the Commission hear the staff presentation. Mayor Broening said that that was not the process when items are pulled from the consent agenda. Vice Mayor Ferguson stated that the reason he pulled the item was only because of item #31 concerning the greenbelt. 10 Meeting Minutes Regular City Commission Meeting Bovnton Bepch, FIQriq;Jp 3uly 15, 200:3 Assistant City Attorney Ezrol explained that if the Commission is going to accept additional testimony beyond public comment, they would be required to reopen the quasi-judicial proceeding. The consensus of the Commission was to follow the normal process for consent items. Sabrina Carle, 3903 Coelebs Avenue, was concerned regarding the greenway issue. There had been assurances that there would be a greenway and now the current plan shows a very small space. A habitat is needed for animals. She felt that the plan should be modified and requested that the Commission reject the current site plan until it is changed. Lisa Peterfreund, 1338 Fairfax Circle East, is a new member of the Recreation & Parks Board. She said that she supports any programs that involve the greenways and protect open space. Lorraine Shaw, 1202 Old Boynton Road, would like everyone to be able to enjoy the water view. Gary Lehnertz, 619 SW 2"d Avenue, said that the City rezoned this site to allow this development and there was no requirement for the City to do this. This made the property more valuable. He felt that in return for the City's accommodation, the City has the right and duty to ask for something. He requested that the Commission reject the Planning & Development Board's recommendation to approve the site plan. The south and east sides should have a minimum buffer of 100 feet as a walking/hiking trail and a greenway area. Tt would help the entire City and the quality of life. It would still leave an immense area of land for the applicant and would provide the City with an area that residents could enjoy. He urged the Commission to do that. Stephen Leach, 203 NW 3rd Street, supported more greenways and parks. The Recreation & Parks Month Proclamation read earlier tonight gave reasons why they benefit the people. Mike Fitzpatrick, 175 SW 2"d Street, was concerned regarding the burrowing owls on site. During the Planning & Development Board meeting, they said owls were inactive but he showed a picture that depicts them as being active. Another concern was that there is a 40' Motorola easement along the property line to be vacated and that was not part of the zoning change in December. He said that at the November 26, 2002 meeting of the Planning & Development Board, they deadlocked on a 3 to 3 vote and made no recommendation to the City Commission concerning the Motorola property because the maker of the motion, Bob Ensler, refused to accept a 200' wide greenway running along both canals. At the December 3, 2002 City Commission meeting, Darrell Carter, who represented the applicant for the Motorola site said under oath that they were in agreement with condition #8 that had been suggested by staff which provides for the greenway. Condition of Approval #8 read, "At time of the site plan approval for any portion of site included in the NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway, bikeway easement along the east and/or south Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3uly 15, 200~ side of the property, especially along the E-4 Canal." After Mr. Carter's comments, the Commission minutes reflect that Vice Mayor Ferguson stressed that preserving some area for greenways was very important and considered that a site plan issue and not a zoning issue. At the December 17, 2002 City Commission meeting, Commissioner Weiland questioned the size of the buffer and whether it would be adequate for a greenway. Commissioner McKoy also had a concern. During the rezoning, some issues were said to be site issues and now at time of site plan approval, Mr. Fitzpatrick felt that the applicant hoped the Commission would forget about their greenway concerns. He suggested a condition of approval to expand the existing 40' easement adjacent to the Boynton Canal C-16 and the E-4 Canal to 70'. The first 10' adjacent to the canal property lines would remain an FP&L easement. The next 60' would be a designated greenway. The final 10' setback would be a buffer to the greenway. He suggested that large live oak and slash pines currently in the easement be incorporated into the management plan. A meandering 6' sidewalk should extend through the length of the greenway easement and be joined to the sidewalk running along Congress Avenue. Adjacent to the sidewalk would be a 12' x 12' exercise court. He asked the Commission to hold developers to their promise. If they do not agree to provide the greenspace, he requested that the Commission table the site plan for one month to allow staff and Legal to get a definite answer on the fate of active burrowing owls, to determine whether the City legally has to vacate the current 40' easement, and to scrutinize the December zoning changes to see whether there is some way to hold the applicant to their promises. Sergio Casaine, 13 Meadows Park Lane, is a member of the Planning & Development Board. He voted in favor of this project but did so without having the opportunity to study it in depth. He must respect the vote of that Board. However, the 40' wide greenbelt that was originally part of the plan is an important issue. ]~t was changed and decreased from 40' to 25'. He said that the City is growing and becoming a beautiful City and we must not forget our greenways. He felt that the least we could do is respect the original plan based on the recommendation of staff. He did not believe there was any reason that the developer could not respect the original 40' greenway in the plan. Herb Suss was in favor of the project. However, he is also in favor of greenways. He believed that there could be some kind of compromise. He suggested tabling the item. Dick Hudson, Senior Planner, explained that he did some research to see what the origin of the requirement for a 40' greenbelt was. He found a letter dated October 27, 1980 from then City Planner Carmen Annunziato regarding comments on the proposed Motorola Plat. The 40' was required to create a buffer between the industrial uses and properties zoned residential to the north and south. This letter is on file in the Office of the City Clerk. City Manager Bressner explained that the property to the south is the Winchester property and is separated by the C-16 Canal. The current underlying zoning is R-1AA. The letter from 1980 addressed the properties to the south and the north but did not address any buffering on the 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprida 3uly 15, 20.n~ east side. He asked whether this 40' was based on a code requirement or on a recommendation for good planning. Mr. Hudson did not know the code requirements from that period but thought the 40' was based on the recommendation for good planning. Eric Johnson, Planner, explained that the applicant obtained a permit from the Florida Fish & Wildlife Conservation Commission to destroy the burrowing owl nests on site. The City Forester will assist the State in overseeing that activity. Vice Mayor Ferguson asked whether there is a 40' buffer owned by the Lake Worth Drainage District on both sides of the properly. Mr. Johnson said that the Lake Worth Drainage District owns the canal and whatever is not in the canal is private property. There may be an easement, which means a private property owner dedicates that portion of land for the public good. He did not know the width of the canal at this time. .lim Comparato, 980 N. Federal Highway, Boca Raton, represented the applicant. He clarified that the 40' along the rear (east) of the property is directly adjacent to a 45' strip of grass that runs to the canal so there is a total of 85' along the rear of the property. In addition, approximately every 200' feet, there is a 60' x 60' area that has a gazebo. On the southern boundary, there is 25' and an additional 45' down to the water line plus a 60' area for a gazebo every 200'. He explained that their plan is styled after a Traditional Neighborhood Development, with no gates, walls or fences. :It is unlike any other development in the City. They encourage the public to come to those areas and even put a pathway system through the entire site. He said that in looking at this plan in totality, it conforms. The reason the letter talked about a 't0' distance was based on Motorola having an expansion site for its industrial building. The proposed plan will have residential backing up to residential. Having a greenway area that consists of both the right-of-way from the Lake Worth Drainage District as well as our right-of-way would give an area of at least 85' in the rear and approximately 70' on the southern boundary line. He said that they have contacted the Lake Worth Drainage District and are trying to get permission from them to maintain it so it can be used as part of the overall greenway. Commissioner Weiland asked whether we could hold the applicant to a certain amount of feet for a greenway and require that it be maintained a certain way for a certain purpose. He wanted to see a complete project as far as the greenways are concerned. Quintus Greene, Development Director, said that if that condition is part of the Development Order, it would be used by staff when plans are submitted for review. :It would also be required in order to obtain the Certificate of Occupancy. He suggested that if the Commission required a 40' wide greenbelt along the southern and eastern boundaries of the project, that would suffice. City Manager Bressner read comment #31 verbatim. :[t says "During the DR:[ process, the applicant promised to work with staff regarding a periphery greenbelt along the south and east sides of the subject property. While not a requirement, staff recommends incorporating a 40- foot wide greenbelt into the design, in particular, along the south and east property lines." That comment was rejected based on the site plan as presented and approved by the Planning & Development Board. The site plan, as presented, has a 25' wide greenbelt along the south 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida July 15, 2003 side and a 40' greenbelt along the east side. There have been discussions with the Lake Worth Drainage District as to the feasibility of utilizing a portion of their publicly owned right-of-way to augment the 25' greenspace. However, we do not have that commitment in writing Mr. Comparato explained that the original plan provided a 25' buffer around the entire site as part of a greenway. In addition, there were a number of areas for gazebos and park areas. At the Planning & Development Board meeting, he agreed to increase the rear (east) of the property to 40'. The southern property line would be maintained at the 25' that they had proposed. Staff recommended 40' in both locations. However, this would create a lot of difficulty in building these units. He said that if the Commission looks at the total project, it does provide the greenway system. Mayor Broening felt that the effective greenway there is 85' and 70', no matter who owns it. There is public access on the greenway and throughout the project. He believes it is a good project. Commissioner McCray commented that the Planning & Development Board, with a 6 to 1 vote, recommended that the request be approved subject to the change in staff conditions to require a 25' greenway on the south side of the project and a 40' wide buffer along the east side. Whether or not the Lake Worth Drainage District gives the applicant permission, it is still open to public use. Motion Commissioner McCray moved to approve the project. Commissioner McKo¥ seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with Commissioner Weiland dissenting. A recess was called at 7:59 p.m. and the meeting resumed at 8:12 p.m. M. Status report on proposed purchase of 4 parcels for NE 7t~ Street Area Water Main Replacement and Stormwater Tmprovement Project Brian Edwards, 629 NE 9~ Avenue~ said that the neighborhood stormwater project is a quality of life issue. He felt that this project needs to move forward. He was looking forward to the Resolution of Necessity and hoped that the four neighbors had come to a compromise. Dale Sugerman, Assistant City Manager, explained that this is a stormwater and neighborhood improvement project bounded by NE 7t~ Avenue, NE l0th Avenue, Federal Highway and 7th Street. The City has been working for the past two years to acquire 17 parcels of land for the stormwater retention portion of this project. The City now owns 12 of the 17 parcels. The 13th parcel is under contract and they are attempting to acquire the 4 remaining parcels. Last month, the City obtained updated appraisals for the 4 parcels. Earlier this month the City Attorney sent conditional offers to purchase to the 4 remaining property owners. They have an expiration date of 3uly 31~. Tf the owners do not respond that they are interested in selling at the terms and conditions the City offered, we will come to the next City Commission meeting to ask for a Resolution of Necessity which would formally begin the eminent domain proceedings. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3ulv 15, 2003 Vice Mayor Ferguson commented for the record that the appraisals are $62,000 for 3 of the parcels and $54,000 for the Brown property. Motion Commissioner McCray moved to accept the status report. Vice Mayor Ferguson seconded the motion that carried unanimously. VZ. CODE COMPLZANCE & LEGAL SEI'rLEMENTS: A. Authorize a court ordered mediation settlement with Deborah Green, Plaintiff, in the amount of $45,000 (initial demand at mediation was $100,000) Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. B. Authorize a court ordered mediation settlement with Thomas Frank Brown, Plaintiff, in the amount of $11,000 (initial demand at mediation was $100,000) Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. C. Accept request for a "partial release" of lien for the vacant lot known as Lot 16, Block 1, Lake Addition Motion Vice Mayor Ferguson moved to approve. Commissioner McKoy seconded the motion that carried unanimously. V]:]. PUBL]:C AUDZENCE: TNDZVZDUAL SPEAKERS WZLL BE LTMTrED TO 3-MTNUTE PRESENTATJ:ONS Herb Suss thanked the Commission for his appointment to the Golf Advisory Committee. He regretted he had to resign from the Library Board and wished that they would change the code so a citizen could serve on more than one board. He also spoke about the great program they had for juniors at the Golf Course. Caneste Succe, on behalf of over 100 Haitian families, thanked the City Commission and the City Manager for the good job at Forest Park Elementary. There are over 60 kids attending the summer camp there. The City's Neighborhood Specialist (Dan DeCarlo) is working with them and sometimes even buys snacks for the kids when they do not have enough money. He requested the Commission's help with the camp. Chris Ena, 2501 NW 1'~ Street, was representing a foundation put together by a group of Haitian lawyers, doctors, businessmen and pastors. They use their own money and they need 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprida 3uly 15, 2003 assistance. Their organization helps families with rent, food, prescription medicines and they try to sponsor some kids at college. He was referred to Dan (DeCarlo) and Octavia (Sherrod). He filled out an application for CDBG funds and was told they could not help them because the City does not have any money. He was here tonight to request assistance. Brian Edwards, 629 NE 9~ Avenue, expressed appreciation to the Mayor, City Commission and the City Manager for their presentation to the School Board regarding South Tech. He said that over the last 36 months he has given status reports on PATCH regarding the Wellness Center, mammograms and immunizations. He received advice to go to the CRA to ask for some property on Martin Luther King, .lr. Boulevard and would be coming to the Commission in the future to request support to build a health care center on MLK. Myra .1ones, 311 NW 4th Avenue, was representing her community, especially Ridgewood Hills Association. She thanked the Commission for working with them to provide safety for more than 120 kids walking on the streets because the Palm Beach County School Board refuses to bus them. She asked that the project get started ASAP. V/TT. PUBLTC HEAR]N(;: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Assistant City Attorney Ezrol explained the process for public hearing items. A. Project: Seacrest Medical Tower (COUS 03-006) Agent: Francisco A. Soils Owner: Francisco A. Soils Location: Northeast corner of SE 23rd Avenue and Seacrest Boulevard Description: Request for conditional use/new site plan approval for the construction of a 9,746 square foot medical office building on a 0.60-acre parcel in the C-1 zoning district Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. B. Project: Villas at Quantum Lakes Phase TTT (ABAN 03-003) Agent: Robert S. Fike Owner: Quantum Lakes Villas IT, Corporation Location: South of Gateway Boulevard; West of High Ridge Road Description: Request for abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase TTT of the apartment complex Motion Vice Mayor Ferguson moved to approve. Commissioner Weiland seconded the motion that carried unanimously. C. Project: Boynton Beach Marina Townhomes (COUS 03-003) Agent: Lawrence 3ustiz, The Related Group Boynton Beach, LTD 16 Meeting Minutes Regular City Commission Meeting Bovnt~)n Beach, FIorid~ .lulv 15, 2003 Owner: TRG-Boynton Beach Ltd Location: 743 NE First Avenue Description: Request for conditional use/site plan approval for the construction of 11 three-story townhouse units on 7.349 acres in the Mixed Use-High (MU-H) zoning district Motion Commissioner Weiland moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. D. Two Special Warranty Deeds conveying title to the Boynton Beach Faith Based (=ommunity Development Corporation (CDC) for: Lot 2, less the East 2.35' and West 1', Block 13, Rolling Green Ridge Seacrest Addition; and Lot 20, Block 25, Rolling Green Ridge First Addition (Proposed Resolution No. R03-128) Assistant City Attorney Ezrol read proposed Resolution No. R03-128 by title only. Motion Vice Mayor Ferguson moved to approve proposed Resolution No. R03-128. Commissioner McCray seconded the motion that carried unanimously. E. Public Hearing on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment Project Commissioner McCray asked how far along we were and were we ready to submit our application. Development Director Quintus Greene, explained that this meeting constitutes the beginning of a 30-day public comment process and the application would be submitted in mid August. City Manager Bressner commented that at the time City staff submitted this information to the Commission several months ago, the estimated interest rate was approximately 1.8%. The Miami office of Housing and Urban Development now indicates that that they have been recommending an interest rate of approximately 6.5% for other Section 108 Loans. That would possibly reduce the availability of funds for other projects. He recommends going forward with the Section 108 loan but wanted to disclose the interest rate. Quintus Greene, Development Director, explained that the debt service will be approximately $227,000 a year. That will come from our approximately $650,000 a year CDBG program. Tn order to pay the debt service as well as housing rehab and providing assistance to various sub- recipients, they had to recommend certain adjustments. This was an informational item and no motion was required. F. Tntentionally left blank 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flgrida ~luly 15, 200~ G. Deny the appeal of a bid protest from CONDO ELECTRIC & INDUSTRZAL SUPPLY, INC. for the "PURCHASE OF TVVO NEW AND UNUSED 110HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/C3D and accept the recommendation of City staff and the City Manager Assistant City Attorney Ezrol explained that this is pursuant to the City's Administrative Policy Manual, Chapter 10, Section 14.01 dealing with bid protests. On April 15th the Commission awarded the purchase of two new and unused 110HP water pumps to Ellis K. Phelps and Company. Prior to .lune 26, 2003 an appeal was made by Condo Electric & Industrial Supply, Inc. Pursuant to the City's Administrative Policy, the City Manager and the City Attorney's office reviewed that protest and recommended that the Commission deny the protest. The item before the Commission is the appeal by Condo Electric of that determination to deny the protest. Assistant City Attorney Ezrol requested that this item be treated as a quasi-judicial item. He swore in everyone who would be testifying. Gary Kowalewski with Condo Electric said that they are an approved vendor for the City and have been doing motor and pump repairs for the City for numerous years. Nate Ackerman, representative for the HOMA pump, explained that they are protesting because, upon review of the bid documents and their proposal, it seemed to them that they were providing suitable equipment for the service. They felt that they had offered a significant savings to the City of $53,622. They understand that there were preliminary items discussed between the potential awarded vendor and the City that were not included in the spec documents. Mr. Ackerman reported that they had provided standard literature, including standard materials of construction. However to meet the specifications, they would have to deviate and offer optional items and had planned on supplying all of the 13 items as listed by the engineering company. David Schuman, P.E., with CH2M Hill, said his area of expertise is mechanical and process systems and he has worked with the City on their pump stations since 1995. He explained that the City prepared the bid specifications and he reviewed the bids and compared them with the specifications. Condo Electric had 13 points that did not meet those specifications. HOMA Pump came back and said they could meet those conditions. However, there are still issues with HOMA Pump and we could not recommend them for this bid. The most important issues are the class F insulation and the start-stop issue with this pump. They had a Iow 10 starts per hour and the specifications called for 15 starts per hour. This is a very important component of this lift station because it is a rebuilt station. It is the largest and most important one in the system and you do not want to put a pump there that there are concerns about. Mr. Schuman would not feel comfortable awarding them the bid. Mr. Ackerman felt that the City was looking at some standard literature and the standard commercial pumps are rated to 10 starts per hour. However, when there is a specific, more demanding application, our engineering group looks at it and we did rate these two pumps for 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida July 15, 200~ 15 starts per hour, He believed that a lot of these items were addressed. He requested an extension to give the engineer more time to evaluate the HOMA pump and to allow them to contact references. Mayor Broening asked whether the lift pump is currently operational. Mark Law, Deputy Utilities Director, explained that this is the number one station in our system and it is in operation at the present time. The pumps were replaced in 1998 or 1999 and there have been problems with those pumps. He recommended that we follow the engineer's recommendation. Mr. Schuman stated that their original bid was denied based on the 13 points that did not comply with the specifications. Of those 13 points, some were considered to be fatal and some were not. Some of the items were considered to be extremely important enough to deny the bid. They were an unacceptable curve, class F insulation (specs had required class H) and silicon seals. Motign Commissioner Weiland moved to deny the appeal. Vice Mayor Ferguson seconded the motion that carried unanimously. H. Approval of the City of Boynton Beach One-Year Community Development Block Grant Action Plan for FY 03/04, to include sub-grantees and contracts (Proposed Resolution No. RO3-129) Assistant City Attorney Ezrol read proposed Resolution No. R03-129 by title only. Motign Commissioner McCray moved to approve proposed Resolution No. R03-129. Motion was seconded by Commissioner Weiland. Octavia Sherrod, Community Tmprovement Manager, explained that when Mr. Ena spoke earlier in the meeting, this was the issue he was addressing as he was one of the applicants for CDBG funds. She said that his comments should be a part of this process (see comments on pages 15 and 16). When questioned by Commissioner Weiland, she said that all of Mr. Ena's paperwork was in order and he has a non-profit organization. He was not selected as one of the recipients of the funds. Quintus Greene, Development Director, explained that if we are successful in securing the Section 108 loan, we would be obligated to pay back approximately $227,000 a year over a period of 20 years based on the current interest rate quoted by HUD. This money would come out of our CDBG allocation of approximately $650,000 a year. Even if the interest rate goes down to what it was previously, it would only reduce our debt service obligation by about $75,000. The point is we will have a significant responsibility in terms of paying back this loan. But what we would get is a one-time shot at $2.5 million to initiate the Heart of Boynton project and we would have the advantage of using Federal money to pay back Federal money. Mr. Greene further explained that the effect of the debt service will have an impact on the number of sub-recipients we can fund. City staff is recommending that we not take on any new 19 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprida 3uly 15, 2003 sub-recipients and that we begin to wean those who do not depend on us for the major portion of their funding. We are recommending full funding for those that depend on us for their major funding. Mayor Broening said that we could anticipate that as the population increases, our CDBG funds might also grow. Vgte The motion to approve proposed Resolution No. R03-129 carried unanimously. :D(. cI'rY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('TABLED 01V$/20/05) Mayor Broening announced that they were getting close to a resolution on this item and will leave it on the table as requested. B. Tntentionally left blank C. Authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the fire assessment capital improvement project Bill Bingham, Fire Chief, explained that a new station in this area is needed to reduce response time Cityvvide. Data shows that average response time in excess of 8 minutes occurs in the far southeast and the far northeast sections of the City. Over the past several months, staff looked at multiple sites in the northeast section of the City. They narrowed their search based on availability, square footage, access to major thoroughfares, backup to other stations, flood zones and operational practicality. They are currently looking at two sites. One is at the intersection of Gateway and Seacrest Boulevards and includes four options. The second is on High Ridge Road, south of Gateway Boulevard. Regarding the Gateway and Seacrest sites and depending on which of the four intersections are considered, the cost is relative to the number of properties that add up to approximately .8 to 1 acres, which is suffident to build a basic 7,500 sq. ft. two-story fire station. As an example, on the northeast corner of that intersection, five properties with an assessed value of $241,583 would be required with an estimated acquisition cost of approximately $603,958. When you add relocation costs of $25,000 to each parcel, demolition costs of $5,000 per property, and estimated construction costs of $1.26 million, the total cost at this intersection would be $2.008 million. Using the same criteria for site selection, relocation costs, demolition, and fire station construction, the site at the northwest corner, which would include seven parcels totals $2,282,698. The southwest site is seven parcels for a total of $2,158,620 and the southeast site, which is five parcels totals $2,101,485. Any of the corners at Gateway and Seacrest is good from a strategic response prospective. A station on any of these sites would probably take longer because of the need to purchase several parcels, demolish them and deal with relocation issues. 2O Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3uly 15, 200_~ Regarding the Gateway and High Ridge Road site, two parcels totaling approximately 2 acres would cost $945,252. This is vacant land that would require no displacement or demolition costs and, therefore, would take less time to purchase and prepare for building. Being a larger site, a single-story station could be built for approx $1.11 million for a total cost of $2,055,252. While this site lies west of 1-95, the primary response coverage zone would be to areas east of 1-95 and cover the northeast section of the City. Chief Bingham said that both sites are consistent with operational objectives. He explained that this agenda item is to authorize the Urban Group to move ahead with this project and come back at a later date to determine which site would be selected. Commissioner Weiland felt that the Commission should have had all this information regarding costs in their backup so they could have reviewed it. City Nanager Bressner said that this information was provided separately in a memorandum dated .luly 8t~. Vice Mayor Ferguson felt that the site on High Ridge Road would not be nearly as efficient as the one on Seacrest and Gateway. Chief Bingham replied that geographically, Seacrest and Gateway is the logical site; however, the disadvantage is displacing at least five homeowners. Commissioner McCray asked whether there would be easy access to 1:-95 from the High Ridge Road site. Chief Bingham responded that it would. City Nanager Bressner felt that in terms of expediting the acquisition, the preference would be to pursue the west parcel and if unable to come up with an acceptable parcel, we could come back to the easterly four corners. Herb Suss was in favor of the station in the northeast. He questioned the problem of crossing the railroad tracks if the station was built west of :[-95 and was told there was no impact since the tracks go under T-95. Motion Commissioner McCray moved to authorize the Urban Group to move forward with land acquisition for a northeast fire station site as per the intent of the fire assessment capital improvement project. Commissioner McKo¥ seconded the motion that carried unanimously. D. Follow-up on proposed purchase of 5.5 acre Florida Tnland Navigation District parcel on South Federal Highway (3a¥cee Park Parcel) City Manager Bressner reported that he and Mayor Broening met with the Board of Directors of the Florida 1:nland Navigation District (FTND) on 3une 20th. The City offered $2.2 million for the property. At that time, the FTND Board rejected the City's offer and requested that their executive director, Mr. Roach, continue to work with the City and other interested governmental parties. Subsequently, the City received a letter dated .~une 27, 2003 regarding a discount of between $400,000 and $900,000 based on some type of a water related amenity. The City was very clear in conversations with Fl:ND that we did not support the concept of boat docks or boat 2! Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida July 15, 2003 launching facility on the property. We did offer the possibility of some type of a day dock arrangement. City Nanager Bressner sensed that we would need to offer more money or we will lose this property to private development. He does not know what the position of the County is regarding their $1 million bond issue. He was advised informally by the County that initially their idea was to put boat ramps on the facility. He conveyed to the County that the City's position would not change regarding this issue and they said they would take that under advisement. He has not suggested the day dock concept to the County officially. He felt that it was a good option and requested the Commission's authorization to offer this concept to the County. Mayor Broening received the impression from the FIND Board that they were in favor of a public use rather than a commercial one. The irony is that their appraised price is based on a different zoning than is there now. Both appraisals of $4.3 million and $3.8 million were based on the assumption that there would be residential on the property. That would require rezoning. .lohn Wildner, Deputy Director of Recreation & Parks, explained that in conversations with the County's Recreation & Parks Department, they felt that the higher staff might agree that day use by boats, meaning they would tie up to the docks and perhaps get out to have a picnic, would be an acceptable use. Commissioner Weiland questioned enforcement at these day docks and whether there would be any overnight docking. City Manager Bressner explained that this park is planned as a sunrise to sunset operation and would be posted and enforced as such. He said that there are operational and maintenance costs so the City would be assuming some obligations. However, he felt that it was still worth it because this offers one of the last open views to the Intracoastal on Federal Highway. If the Commission is agreeable to pursuing the day dock option, he will go to the County with this. Motion Commissioner McCray moved to authorize the City Manager to proceed with day dock option. Commissioner Weiland seconded the motion that carried unanimously. X. FUTURE AGENDA TrEMS: A. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 (August 5, 2003) B. Proposed Lease Agreement with Boynton Woman's Club (August 5, 2003) C. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) D. Annual Update of City Pay Classification Plan (August 5, 2003) 22 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprida July 15, 200~ E. Proposed Ordinance regarding Political Signs (August 5, 2003) F. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (August :~9, 2003) G. Follow-up Meeting with CRA on Development Issues (August 2003) H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) I. 1~t Public Hearing regarding Budget (September 4, 2003) First Budget Hearing (September 9, 2003) K. Second Budget Hearing (September 16, 2003) L. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) XZ. NEW BUSZNESS: A. Authorize designation of Commissioner Carl McKoy as voting delegate to the Florida League of Cities Annual Meeting, August 14-16th Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. B. Review the compensation level of the Mayor and City Commission Herb Suss said that the Commission has not received a raise since :~984 and he felt that they deserved one. He suggested that it go into effect in November with the Mayor's salary at $9,200 a year and each Commissioner's salary at $7,500. He suggested an expense allowance of $6,500 for the Nayor and $6,000 for the Commissioners. Brian Edwards, 629 NE 9th Avenue, felt that the compensation level is too Iow. He believes that they deserve more compensation than they currently receive by virtue of the job they do and their job responsibilities. He urged them to raise the levels now. The complete notes from which he read are on file in the Office of the City Clerk. Mike Friedland said that a lot of work is being done by the Commission and he wanted to compliment this group. He was in favor of raising the salaries and suggested, at a minimum, to double what they are paid today. 23 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3ulv 15, 200~ Commissioner McCray thanked everyone for their comments. Mayor Broening felt that the Commission should be paid more. They spend a lot of time in addition to City Commission meetings. Boynton Beach is the third largest city in Palm Beach County. He thought the raises should start in November. Commissioner Weiland agreed that they should begin in November. Commissioner Weiland said that it was his understanding that they cannot adjust salaries but only expenses without a referendum. City Manager Bressner reported that it was done by ordinance in 1984. Assistant City Attorney Ezrol said that since 1974 the salary has been adjusted three times by ordinance. Commissioner McKoy said that one of the speakers tonight mentioned that this entire Commission worked extremely hard. Commissioner McKoy suggested that if we decide to adjust salaries, we not wait until November so that the entire Commission could be compensated. Commissioner McCray thanked Vice Mayor Ferguson for stepping up to the plate on this issue. Vice Mayor Ferguson said that he liked Mr. Suss' figures. Vice Mayor Ferguson had an average salary range of ten cities of approximately the same size as Boynton Beach. The average mayor's salary was $13,19,1 and the average commissioner's salary was $10,700. He suggested a salary of $12,000 for the Mayor and $9,000 for the Commissioners. He felt that this should be effective at the beginning of the fiscal year. It was the consensus of the City Commission to direct staff to draft an ordinance setting the salary for the Mayor at $12,000 and the Commissioners at $9,000 and an expense allowance of $6,500 for the Mayor and $6,000 for the Commissioners. C. Authorize Legal Staff to draft an ethics ordinance covering the City Commission, advisory boards, and staff Motion Vice Mayor Ferguson moved to direct staff to draft an ethics ordinance. Motion was seconded by Commissioner McCray and carried unanimously. XTT. LEGAL: A. Ordinances - 2nd Reading - PUBL]:C HEARTNG None B. Ordinances - 1~t Reading 1. Proposed Ordinance No. 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3uly 15, 2003 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) Assistant City Attorney Ezrol read proposed Ordinance No. 03-035 by title only. Motign Vice Mayor Ferguson moved to approve proposed Ordinance No. 03~035. Commissioner McCray seconded the motion that carried unanimously. C. Resolutions: 1. Proposed Resolution No. RO3-130 Re: Establishing the estimated assessment rate for Fire Rescue Assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of .notice thereof Assistant City Attorney Ezrol read proposed Resolution No. R03-130 by title only. Dom Desiderio~ 27SS S. Federal Highway~ owner of Atrium Place, said he was not against a legal fire assessment. However, it must be a benefit to the property assessed and it must be a fair and reasonable apportionment. He distributed a handout to the Commission and a copy is on file in the Office of the City Clerk. He read the criteria for the first fire assessment in 2001-2002 that said that there were 712 fires in single-family homes. That means that two houses burned down every day. Multi-family had 522 fires. Commercial properties had 476 fires. That is 11/4 fires every business day. The one that amazed him was that nursing homes had 166 fires when there are only 10 nursing homes in the telephone book. These are the numbers that they set the assessment on. The City's consultant states that there were 2,118 fires and he felt that was an amazing number. In 2001, the City had 4,901,500 sq. ft. of commercial property. This divided by the dollar allocation means that every commercial property should be assessed 6.4 cents a sq. ft. The Boynton Mall has 430,078 sq ft. Their assessment is $7,725, which is less than 2 cents a sq ft. He owns Atrium Place that has 20,826 sq. ft. and he paid $3,090 or 14.8 cents a sq. ft. The criteria says it must be a benefit to the property and he wanted to know who benefits more - the Boynton Beach Mall or Desiderio Corporation. Tn 2001, Motorola contained 331,480 sq. ft. and paid less than a penny a square foot. This building could contain hazardous and flammable materials. Yet HCR Manor Care is a building with 47,168 sq. ft. and they paid 26 cents a square foot. They have to pay thousands more than a warehouse building. He felt that this was beyond reason, not fair, not logical and discriminatory and missed both criteria. City Manager Bressner explained that this resolution would set in motion a public notification process so that all property owners will receive notification of the proposed fire assessment for the next fiscal year beginning October 1~t. There will be a public hearing at which time the Commission can lower the rate, leave it as it is or abandon the program. They will not be able 25 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3uly :LS, 2005 to raise the rate. Every year the Commission has the authority to go forward or not go forward with this program. This Commission agreed as a group to go with the program for seven years but it is still considered on an annual basis. The formula used predominantly in other communities is the same one used in this resolution and it is based on the tier system. Staff is recommending that the rates remain the same for next year. Motion Commissioner McCray moved to approve the preliminary rate. Commissioner McKoy seconded the motion that carried 3 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting. 2. Proposed Resolution No. RO3-:L31 Re: Calling for an in- precinct election to seek referendum approval for the issuance of general obligation bonds in the amount of $11,075,000; providing ballot language; providing the election shall be held November 4, 2003; directing the City Clerk to provide a certified copy of this resolution to the Supervisor of Elections; and authorizing the City administration to do all things necessary to effectuate the intent of this resolution Assistant City Attorney Ezrol read proposed Resolution No. R03-131 by title only. Commissioner McCray asked whether the resolution could be amended to say Wilson Municipal Pool instead of Wilson Pool. City Manager Bressner said that it would be appropriate to do so now. MotiQn Vice Mayor Ferguson moved to approve proposed Resolution No. R03-131 with the change to the language. Commissioner McCray seconded the motion that carried unanimously. D. Other: None XIII. UNFINISHED BUSINESS: A. Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting Commissioner McKoy felt that it was necessary to have some dialogue about this and he was looking for closure. He said that tonight we authorized the Legal staff to draft an ethics ordinance. He thought that it was important to have something like this in place. After being elected to the Commission, one of the first conversations he had with the City Attorney was his concern about making sure that the integrity of this Commission was maintained and to make sure that problems did not develop. As we try to put together this ordinance, he felt that we need to incorporate some ideas and concepts of how we should conduct business when we go out into the public and address issues and concerns that are pertinent to this Commission. It is so important that when we go out and address issues, they should be issues that are germane to this entire Commission and that they do not include personal issues. 26 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIoridp 3uly :tS, 2003 Mayor Broening commented that no one member of this Commission has any authority, The authority rests entirely with the Commission collectively. X[V. AD3OURNMENT: There being no further business, the meeting properly adjourned at 10:08 p.m. CITY BOYN Al-rEST: / Deputy City Clerk Commissioner (7/t8/03) 27 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE '~v. CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ed Carey Design 0,~. L~. APPLICANT'S AGENT: Mr. Edward Carey APPLICANT'S ADDRESS: 2600 High Ridge Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification for the construction of a 1,940 square foot showroom addition to an existing 5,605 square foot manufacturing business on a 1.77-acre lot in the PID zoning district. LOCATION OF PROPERTY: 2600 High Ridge Road 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ;~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the made in accordance with the terms and conditions of this order. 7. Other \ ', DATED: _-- -7-- I~ -O.~ ~City Clerk' - S:\Planning\SI-~RED\WP\PROJECTS\Quantum Park Ed Carey Desi! g'~(..~,~q,~ehicle Inspection)\MSPM 03-002 Bldg Addition\DO2.doc Location Map EXHIBIT "A" ED CAREY DESIGN - ~.,. ~, ~,,~ ~.~, Ed Carey Design Bevnton Beach, Florida EXHIBIT "B" Addition to: Ed Carey Design Boynton Beach, Florida ~. ~ Ed Carey' EXHIBIT Addition to: Deslan EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Ed Carey Design File number: MSPM 03-002 Reference: 3ndreview plans identified as a Major Site Plan Modification with a June 10, 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: 1. At the time of permitting, show the zoning and land use on the site X characteristics map (Survey and Site Plan / Chapter 4, Section 7.A.). 2. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 3. Provide details for the proposed detention/retention areas and new riprap X endwall. FIRE Comments: 4. In addition to domestic requirements at a residual pressure of not less than 20 X psi, a fire flow of at least 1500 gpm is required. POLICE Comments: None X BUILDING DIVISION Comments: COA 06/19/03 2 DEPARTMENTS INCLUDE REJECT 5. 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. 6. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the/each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Accessible ramps shall comply with the 2001 Florida Building Code 11-4.8 X through 11-4.8.8. 9. The second floor area shall comply with the requirements for vertical X accessibility or meet the exceptions noted in the 2001 Florida Building Code Section 114.1.2. 10. The new toilet room shall comply with the 2001 Florida Building Code X Section 11-4.1.3(11), 11-4.2.3 and Figure 28. 11. Indicate the use of the second floor area and the minimum design load per the X 2001 Florida Building Code Section 1601.2 and Table 1604.1. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST COA 06/19/03 3 DEPARTMENTS INCLUDE REJECT Comments: 12. The landscape design does not include the City signature trees at the project X ingress/egress location (Chapter. 7.5, Article II Sec. 5.C.3, N. PLANNING AND ZONING Comments: 13. At the time of permitting, the drainage plan shall be reviewed and approved X by the Engineering Division (Chapter 4, Section 7.F.). 14. Prior to the issuance of a building permit, the elevation pages (sheet A-2 and X sheet A-3) must indicate the proposed dimensions (including building height and the overall height. 15. All elevations must indicate the proposed colors, including the paint X manufacturer's name and color code (Chapter 4, Section 7.D.). 16. The existing building area (5,606 square feet) on the tabular data on sheet A- X 1 does not match the existing building area (5,605 square feet) on the tabular data on sheet A-lA. This discrepancy between the two must be corrected prior to the issuance of a building permit. 17. Staff recommends that the facade enhancements proposed within Phase II X begin no later than two (2) years (24 months) after the completion (certificate of occupancy) of Phase I. 18. Applicant will be required to obtain a wholesale occupational license. X ADDITIONAL PLANNING & DEVELOPMENT BOARD COMEMENTS: Comments: 19. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 20. To be determined. ~ ~O ELJ S:\Planning\Shared\Wp\Projects\Ed Carey Design\MSPM 03-002 Bldg Addition\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~_.v. CITY OF BOYNTON BEACH, FLORIDA ~ ~ ,Z.. PROJECT NAME: Renaissance Commons DeE. Lie-. APPLICANT'S AGENT: James Comparato and Carl Klepper- Compson Associates APPLICANT'S ADDRESS: 980 N. Federal Highway Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for a 15,000 square foot Mixed Use building, including eight (8) townhouse units, four (4) four-story apartment buildings and 242 townhomes on a 28.368 acre site in a C-3 zoning district. LOCATION OF PROPERTY: 1500 Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" A'I-r'ACHED 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Appli.canrs application for relief is hereby ¢~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development ~perty shall be made in accordance with the terms and conditions of 7. _~Other~ DATED: -03 ---- S:~Pfanning~SHARED~WP~PROJECTS~Renai~ance Com~ns~DO,doc Location Map EXHIBIT"A" RENAISSANCE COMMONS ' ' PIE) ~llC PU ~_ ~ PIE) EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" MIAMI, FLORIDA 33172 FAX: (305) 59~--0096 CORP. LICENSE 0002489 EXHIBIT "B" i l ~'~ '~~ ~ / I '~ ~ ~ / :~ ., / I I , I '1 . I ~TCH UNE SEE SH~ 1 EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ,. ~.: .~: :~ i l?~naissan¢~ ~ommons ~_~ lJli ~ Town & Countw Homes ~ Boron Beach, Florida EXHIBIT "B" Town & Count~ Homes Boron Beach, Florida EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~---- ~'~--~t I r_.~ ',L------ ---~'__.. i i ...... ......... , t t~' ...... t' ' '--~"'~. ~ '~[ - ~~ ~ ~ ~ ',~11 ..... ·.... EXHIBIT "B" iii! iii! iii! EXHIB~ ~ EXHIBIT "B" EXHIBIT "B" COMMON5 ,o6~o NORTHWEST 27TH STREET ~IL~E~, ~C. ~'~" TELE~ON~: (305) 593--9798 ~ ~E~ FAX: (305) 5g~-oO96 CORP. LICENSE 00024B9 EXHIBIT "B" EXHIBIT "B" EXHIBIT "13" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ARCHITECTS & PLANNERS "E:'". EXHIBIT "B" EXHIBI" "B" EXHIBIT "B" TOUJN ~ COIJNT~T t~LIILDI=F~, INC. =~:E~O~E: (:~5) 5~-~=9a EXHIBIT "B" 'i,~ II[' EXHIBIT "B" ~'T'~ ~ ~4~'~'I'~N ~I~,¢I~N F'AX: (305) 5g,5-oog6 EXHIBIT "B" O0 O0 OB ; ..... CIT~ ~ ~T~ ~E~CH, FL~I~ **x: (aos) sga-ooe6 ........ ENSE ....... m Jlmmlmmm EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" -- ~NC. TELEI~HONE: (505) 595--9798 EXHIBIT "B" : ~ I~EN,4 I56,4N~E COMMONS ~' I~1~1'1=1~11 ~1~ AND C~N*~r ~ZLPe~S,' -- ~' TELEPHONE: (505) 5g~--979~ l~naissan¢~ ~ommons ! ~ ~.~ Town & Country Homes Boyto. Bench, Florida ?~ ~ ~ EXHIBIT "B" Town & Country Homes EXHIBIT "B" Town S Country Homes Bo~on Beach, Florida EXHIBIT "B" Rena/ssance Commons Town & Count~ Homes Boron Beach, Flodda i,.u~ 11 Town & Country Homes ii, ii Boyton Beach, Flodda EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons File number: NWSP 03-007 Reference: 2nareview plans identified as a New Site Plan with an June 10, 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- X 6200) regarding the storage and handling of refuse. 2. Garbage collection is indicated to be by curbside pick-up; however the dead- X end configuration of the roads for garage access will not allow sufficient space for solid waste tracks. Rollout carts will have to be placed on the front side of the town home units or an alternate means of trash pick-up will be required. PUBLIC WORKS - Traffic Comments: 3. Provide signalization plans (if required) at the time of permitting. Modify the X signal at the intersection of Congress Ave. and the asphalt drive (extension of Catalina Dr. on the west side of Congress), with County concurrence, as specified by the results of the traffic analysis 4. Reconfigure the driveway in the northwest comer of the property so that it is X one-way into the site. Close the proposed median in the Catalina Dr. extension (as shown on the Schnars Preliminary Engineering plans, Sheet C 1 of 5). 5. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Congress Avenue. Use 25-foot sight triangles for the roads and driveways intersecting the north access road. 6. It is recommended that three-foot vertical delineators be placed along the west X side of the southbound left turn storage lane to prevent crossover traffic (Sheet C-2 of 5). Provide this information at the time of permitting. UTILITIES Comments: 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever COA 06/20/03 2 DEPARTMENTS INCLUDE REJECT is greater (see CODE, Section 26-16(b)). 8. Easements, a minimum of 12 feet in width would be required to X accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines. A force main is proposed inside an eight - one half (8 ½) foot wide utility easement, which does not meet the 12-foot wide requirement for easements (Chapter 6, Article IV, Section 6). Either revise the civil drawings to ensure compliance with this requirement or obtain a variance from the Regulations. ENGINEERING DIVISION Comments: 9. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. Ensure the Mouriz Salazar Site Plans match the Schnars Engineering Corp. Civil Plans. 10. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 11. In a May 23, 2003 letter from Mr. H. David Kelley, Jr., City Engineer, to Mr. X David M. Flett, "based on several discussions that this office has had with the proposed purchaser of the southern 23.368 acres of the original DRI tract, this office will grant the waiver request (for the intended sale thereof) on the condition that the purchaser recognizes that it will be required to replat this purchase in order to accommodate its residential / retail master site plan. In addition, the balance of the Motorola site will also require re-platting from the intended retail / commercial areas as approved in the Motorola DRI NOPC # 1 application last November 2002 by the City Commission. This will require inclusion of the balance of the Motorola site with the existing industrial building (and its support amenities) and the above stated school site". This re-platting shall occur prior to the issuance of any building permits. 12. Lake excavation or fill operations shall require a separate Excavation & Fill X Permit, issued through the Building Department. This permit may be applied for during the site process. 13. Show proposed site lighting on the civil and landscape plans (Chapter 4, X Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (Chapter 23, Article II, Section A. 1.a and Florida Building Code). Provide a note that the fixtures shall be operated by photoelectrical control and are to remain on until 2:00 a.m. (Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, COA 06/20/03 3 DEPARTMENTS INCLUDE REJECT Section 5.B.7 and Chapter 23, Article II, Section A on the lighting plan. Glare, which is readily perceptible at any point at or beyond the property on which the use is located, is prohibited (Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). Provide photometrics as part of your TRC plan submittals. Move the lighting detail and note to the photometric plan. Also, the location of the outdoor freestanding lighting fixtures (as shown on the landscape plan) does not match that sight lighting, which is shown on the photometric plan. 14. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 15. The roadway (including medians) on Congress Avenue has existing irrigation X and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. 16. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 17. At the time of permitting, specify storm sewer diameters, inlets types, etc. on X drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 18. At the time of permitting, provide details for paving, grading, and drainage. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. 19. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be 6 in. thick within driveways (Chapter 23, Article II, Section P). Typical sections need to be revised to reflect this as well as adding a note at the crossings on the plans. FIRE Comments: None X POLICE COA 06/20/03 4 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: 20. Indicate within the site data the type of construction of each building as X defined in Chapter 6 of the 2001 Florida Building Code. 21. 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. 22. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 23. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 24. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 25. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 26. Ail bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. 27. Buildings three stories or higher shall be equipped with automatic sprinkler X systems per Florida Statute 553.895. 28. The amenity building shall comply with Chapter 11 of the 2001 Florida X Building Code for handicap accessibility. 29. A water-use permit from South Florida Water Management District shall be X COA 06/25/03 5 DEPARTMENTS INCLUDE REJECT required prior to issuance of the irrigation permit. Florida Statute 373.216. A copy of the permit shall be submitted at time of permit application. PARKS AND RECREATION Comments: 30. The Recreation and Parks Department has reviewed the new site plan for the X Renaissance Commons. The Parks and Recreation Facilities impact fee is figured based on 258 multifamily housing units and 242 single family attached (Townhouse) Units. The fee is due at the time of the first applicable building permit. 258 multi-family units ~ $656 ea = 169,248 242 single-family attached units ~ $771 ea = $186,582 Total $355,830 31. During the DRI process, the applicant promised to work with staff regarding a X periphery greenbelt along the south and east sides of the subject property. While not a requirement, staff recommends incorporating a 40-foot wide greenbelt into the design, in particular, along the south and east property lines. FORESTER/ENVIRONMENTALIST Comments: 32. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 33. The applicant must design / install native species of upland trees, under story X and littoral plantings along 50% of the lake perimeter within the entire 20 foot wide lake easement. At the time of permitting, a cross-section of the design should be included on the landscape plan. 34. All newly installed trees noted on the Landscape Quantities list must be a X minimum of 12 feet in height, 3 inches DBH (4.5 feet above ground), Florida #1 quality (Chapter. 7.5, Article II Sec. 5.C.2.). 35. Revise the landscape plan to include the City signature trees at the project X ingress/egress locations (Chapter. 7.5, Article II Sec. 5.C.3, N.). 36. There is no irrigation system design included with the site plans (Chapter. 7.5, X Article II Sec. 5,A.). Provide an irrigation plan at the time of permitting. PLANNING AND ZONING COA 06/25/03 6 DEPARTMENTS INCLUDE REJECT Comments: 37. The stand alone commercial building (shown as Phase II) proposed in the X northwest comer of the property will require separate site plan review. 38. If required, the abandonment and rededication of any easements must be X recorded prior to the issuance of the first certificate of occupancy. However, if a new or rededicated easement is proposed and does not meet the specifications of the Land Development Regulations, approval of a variance would be required prior to the issuance of any building permits. All requests for relief from the Regulations are subject to the Planning & Development Board and City Commission review / approval. 39. The townhouse buildings encroach into the required 40-foot wide front X setback (along Congress Avenue) and 40-foot wide rear setback (along LWDD E-4 Canal) (Chapter 2, Section 5.G.2.). Revise the plans so that the buildings do not encroach into the required setbacks or request a variance from the Land Development Regulations. All requests for relief from the Regulations are subject to the Planning & Development Board and City Commission review / approval. 40. Ensure that the configuration of the parking areas (which includes the X placement of the interior landscaped parking islands) is consistent between all plans. Ensure that the total number of proposed parking spaces matches between the graphic and the tabular data. 41. On the overall site plan tabular data (Multi-Family / Retail Parcel Data (cover X sheet), ensure that the entry #3 matches with entries #4.d. and #4.h. 42. On the elevations of the permit plans, the cumulative signage area for all X commercial buildings shall comply with Chapter 21, Article IV, Section 2. 43. The Little Gem Magnolia (as shown on the Typical Unit Plan, sheet L6 of 7) X must be installed at minimum 12 feet overall height and three (3) caliper inches (Chapter 7.5, Article II, Section 5.C.2.). 44. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 45. Fifty percent (50%) of all site landscape material must be native species X COA 06/25/03 7 DEPARTMENTS INCLUDE REJECT (Chapter 7.5, Article II, Section 5.P). The landscape plan data (sheet L1 of 7) must be corrected to indicate the accurate percentages of native plant material. 46. The elevation drawings of the mixed-use building do not indicate the height X of the peak of the decorative cupola. If the peak of the decorative cupola exceeds 45 feet, the building height would have to be reduced to comply or the applicant would have to request and be approved for a height exception. 47. All elevation drawings must indicate the proposed building heights as defined X by the current definition of the Land Development Regulations. 48. For consistency and compatibility, staff recommends that the stand-alone X commercial building (Phase II) should incorporate the same architectural enhancements as that of the mixed-use building (i.e. foam banding, similar building colors, same roof type, awnings, and similar exterior finish). 49. Place a note of the site plan sheet SP-1 (under the General Notes) that no X screen or solid-roof enclosures are permitted for the townhouse buildings. Ensure that architectural integrity and character is maintained should the applicant choose to "screen-in" the front porch (under the 2nd story balcony). 50. Once the commercial buildings are completed and all tenants have been X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development Regulations. 51. Staff recommends incorporating a meandering, multi-use trail into the design X of the rear 40-foot wide rear setback (along the LWDD E-4 Canal). Staff further recommends that this trail / pathway be eight (8) feet in width, but not less six (6) feet in width. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 52. Revise Condition #31 so that the plans would provide a 25-foot wide X greenbelt along the southern property line rather than a 40-foot wide greenbelt as originally recommended by staff. The proposed greenbelt along the east property line would remain at 40 feet in width. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 53. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Seacrest Medical Tower APPLICANT'S AGENT: Larry Kramer- Southeast Architect Services, Inc. APPLICANT'S ADDRESS: 2298 NW 2n~ Avenue Suite 21 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Height exception of eight (8) inches LOCATION OF PROPERTY: Northeast corner of Seacrest Boulevard and Southeast 23r~ Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 2<' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: '7 -IA - O~, erk S:\Planning\SHARED\WP\PROJ ECTS\Seacrest Medical Location Map SEACREST MEDICAL TOWER EXHIBIT "A" 400 0 400 Feet EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Seacrest Medical Tower File number: HTEX 03-004 Reference: Elevation drawings with a June 6~ 2003 date stamp markin~ DEPARTMENTS INCLUDE I m JECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The elevation drawings should indicate the height of the peak of the roof over X both the elevator shaft and the stairwell. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. ~ S:~Planning\Shared~Wp\Projects\Seacrest Medical Tower~-ITEX~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE '~v, CITY OF BOYNTON BEACH, FLORIDA ~, Z.. PROJECT NAME · Phillips Industrial Park "~:~,'-- APPLICANT'S AGENT: John Phillips APPLICANT'S ADDRESS: P.O. Box 292414 Davie, FL 33329 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 14,480 square foot office-warehouse building on a 1.43-acre lot in the M-1 zoning district. LOCATION OF PROPERTY: 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 Community Redevelopment Agency, 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ,~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 7- I ity Clerk S:~Plar~ning~Shared\Wp\Projects\Phillips Industrial Park\DO.doc Location Map EXHIBIT"A" PHILLIPS INDUSTRIAL PARK EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~ ~ iiiiiiii - tl .... ~ .... .- I ~ ,' ~ ~, ,',, i, '~ lli i Il) )~)t~!i M 1 "~ ~ ~ I~': , ,~ , ' Ii" I ' '~ .... ~ '-~ ' ~' ' ~ ~ Il -- II~ I ~i~ l J~ I~ !'~ ~ "?'" Illl:ll ~ ~ ~' ~' Ii' I~l II "," "t.:t, :: : I~llt~ ~ - -' I ~ ~ ~ ~ ~ I ' ~ PHILLIPS INDUSTRIAL PARK W.T. Pafferson PHILLIPS INDUSTRIAL PARK 4'[ ...... ~Q ~'""~ ~ ~ : ,, ~ * Cy ~~,~ PHILLIPS INDUSTRIAL PARK ..................................................... EXHIBIT "B" : ~ llilt:t]:Il ![:fi[{lli] i.:hril: [ iii I ,, :,-:', ..... · ': :-"',,- ,:: ,.: ': .'::,',:,::" :: :.,-: ': : ,:,::..,[ ": '""" :'""':: ::,:: l :m ...... .; :':"" "".:u?~ :;'~"":'"'~" ,,-'-'"','-,; '-', ,' ![i[ '::: ::' [:i ill,I!/~i~,l:,:,,; ,, ~,.-., ::: :-: .: :~, :: ,.~ i: ,: l~[{"" {{,l ::: ,I: ~i;{~ iff{l{ :::,i ,.., ,,::, ::, .',:u.~ :~,-,,,.:.-,::: ,~ ,.',: :.-,'-.,: l,,,,:: r.:,. [,,, d,,:: d,,.,. J,,, :.:,,:~ {}{[ ilI '[{ :', :::;:' u ,:ii :: :, :,::,:,,:,~',::,,,: ~:,, ~: } %1:: i{ll[ 'i0~ ':"' i{ , ,. .~ ~{t,:, ,, . - ~,{I II , t~ · I ' : 1 ii'it ~:, h;fli{!il ~::- : , :, ,: !,,, -:, i,!:, [itlll,ll,,i : ,,1ii:iii, It!:, i l, II .... :::': ':" [ {Ifil! It{Ii ': l!llt~ : ,~ ,-: ,ml .... : It~ .: ,,. ..: · , ,,, ,,:,,,,: .... .,, ...,,...,...,.., :,,,,, i 11' I ': ' Illtlli.~ ~ : ::i:!t I,!:: ': , :,,, :: ~;lt, , : · ,i -: l_:: !,:,,}~t: :' "'"'"' ::' :: ;'r ,i ':' :: { ~{I{ :ii ill ;' l lJli!lll ,: !::I,,!,, :,, ,i-,-, iltq,. !t:i.,l :,~ ~[ i [': ' :I :i: ~]¢: '.':. ," -. , - s l[ ~ :' w.T. Pa.er,on ~...~-.~,.~ PHILLIPS INDUSTRIAL PARK ' -- -~ EXHIBIT "B" [~'~° I " ~ ~~ ...... ~ ] ~ ~ ~1 ,.'D W.T. Paffer~on ~~,,~ PHILLIPS INDUSTRIAL PARK EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Phillips Industrial Park File number: NWSP 03-003 Reference: 3rd review plans identified as a New Site Plan with a June 24, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic En~ineerin$. UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). Plan sheet #WS-1 reflects one (1) fire hydrant which is insufficient to deliver the required fire flow. Either add an additional fire hydrant (appropriately spaced) or provide a sprinkler system within the building. ENGINEERING DIVISION Comments: 3. A photometrics plan will be required at the time of permitting. X 4. Full drainage plans will be required at the time of permitting (Chapter 6, X Article IV, Section 5). 5. Paving, drainage and site details will be required and reviewed at the time of X permitting. All engineering construction details shall be in accordance with the applicable City of BoTnton Beach Standard Drawings. FIRE Comments: None X POLICE COA 07/02/03 2 DEPARTMENTS INCLUDE REJECT 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. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the tenant space. The symbol, required to be installed along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty- four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. Vertical accessibility to the second floor/mezzanine area shall be required per X 2001 Florida Building Code, Sections 11-4.1.2, 11-4.1.3(5) for New Construction and Section 11-4.1.6 for Alterations. PARKS AND RECREATION Comments: None X COA 07/02/03 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Prior to the issuance of a building permit, the Palm Beach County Traffic X Division must approve the traffic impact statement (Chapter 4 Section 8.F.). 11. An Environmental Review permit will be required pursuant to Chapter 2, X Section 8.A.2.b.(6). 12. The proposed 24-foot wide sliding gate and the chain link fence shall not X exceed six (6) feet in height. 13. The front (cast) landscape buffer shall consist of a combination of colorful X groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row (Chapter 7.5, Article II, Section 5.D.). 14. On the landscape plan (sheet LP-1) plant list, correct the spelling of the X "Thyrallis" shrubs. 15. On the elevations (sheet A-2), indicate the "North", "South", "East", and X "West" elevations. 16. Wall signage shall not exceed that allowed by Chapter 21, Article IV, Section X 5.C. 17. The base of the monument sign shall be enhanced with colorful groundcover X plants and a minimum of two (2) shrubs (Chapter 7.5, Article II, Section 5.0.). 18. Staff recommends converting the freestanding pole sign to a freestanding X monument style sign (Chapter 21, Article 4, Section 5.B.). 19. Staff recommends installing Thryallis shrubs or alternate plant material X (subject to the City Forester / Environmentalist's review and approval) within the middle interior landscape island that contains both a fire hydrant and freestanding light fixture. COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comment: 20. None X COA 07/02/03 4 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: 16. To be determined. ~ ELJ S:\Planning\Shared\Wp\Projects\Phillips Industrial Park\COA.floc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ':P~ 2.. CITY OF BOYNTON BEACH, FLORIDA 't~. PROJECT NAME: Seacrest Medical Tower C~.gJ. L~c. APPLICANT'S AGENT: Mr. Lawrence Kramer- Southeast Architect Services, Inc. APPLICANT'S ADDRESS: 2298 NW 2nd Avenue Suite 21 Boca Raton, FL. 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 9,746 square foot medical office building on a 0.60-acre lot in a C-1 zoning district. LOCATION OF PROPERTY: Northeast corner of Seacrest Boulevard and Southeast 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby X' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the be made in accordance with the terms and conditions of this order. 7. Other _ DATED: '7 -I~ -O_,~ , Location Map SEACREST MEDICAL TOWER EXHIBIT "A" ¢ 23RD AVE r.~ O 400 0 400 Feet EXHIBIT "B" , r-.=.. EXHIBIT "B" EXHIBIT "B" .... -' SOUTHEAST '* ' ~ ~i' ' ~ .... J~' ARCHITECT SERVICES. EXHIBIT "B" , ?' . _ ARCH TECT SERVICES, NC ........ [ [ . ,~ EXHIBIT "B" EXHIBIT "B" SOUTHEAST ARCHITECT SERVICES NC ~, EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Seacrest Medical Towers File number: COUS 03-006 Reference: 2na review plans identified as a Conditional Use with an June 3, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. The traffic impact analysis must be reviewed and approved by the Palm X Beach County Traffic Division. 2. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. (LDR, Chapter 4, Section 7.B.2). 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 "K" Series for striping details. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(b)). In addition, the LDR Chap. 6, Art. IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hvdrants (both existing and proposed). ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. At the time of permitting, revise sight triangles on the landscape plans X (Chapter 7.5, Article II, Section 5.H) using Palm Beach County standards (Southeast 23rd Avenue is classified as a County Collector). Show sight COA 06/20/03 2 DEPARTMENTS INCLUDE REJECT triangle at the intersection of Southeast 23rd Avenue and Seacrest Boulevard and ensure cross-visibility at this location. 6. Provide existing and proposed elevations, drainage arrows, etc. on the X drainage plan (Chapter 4, Section 7.F). 7. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. Indicate by note that catch basin and manhole covers shall be bicycle proof X (LDR, Chapter 6, Article IV, Section 5.A.2.g). 10. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings (Engineering Design Handbook & Construction Standards, February 2003) and will be reviewed for constructability at the time of construction permit application 11. Add a note to the "French Drain Detail" that the drainage system shall X conform to City Standard Drawing D-2. Add a weep hole and associated improvements to the typical drainage structure. 12. Use the City Of Boynton Beach and / or Palm Beach County sign details. X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 13. Indicate within the site data the type of construction of the building as defined X in Chapter 6 of the 2001 Florida Building Code. 14. 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 COA 06/20/03 3 DEPARTMENTS INCLUDE REJECT professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 Florida Building Code. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. A water-use permit for the irrigation system is required from the South X Florida Water Management District. A copy of the permit shall be submitted at the time of permit application. Florida Statute 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant should indicate if there are any existing trees on the site. The X desirable trees should be preserved, relocated or removed / replaced on the property. A separate symbol should be used to identify the replacement trees (Chapter 7.5, Article II Section 7.C.). 19. On the landscape plan plant list, all trees must be listed in the specifications X as a minimum of 12 feet to 14 feet in height, 3 inches caliper at DBH (4.5 feet off the ground), and Florida #1 (Grades and Standards, Chapter 7.5, Article II Section 5.C.2). 20. Trees listed in the Palm Beach County "invasive plant species" and" invasive X non-native plant" listing should not be included in the landscape design (Chapter 7.5, Article I Sec. 19A.5). 21. The applicant should indicate a minimum of 50% native species on all X landscape materials throughout the site (Chapter 7.5, Article II Section 5.P.). 22. The landscape design does not include the City signature trees (Tibochina X granulosa) at the ingress / egress locations of the site (Chapter 7.5, Article II Section 5.C.3.). 23. The rights-of-way (swales) along Seacrest Boulevard and S. E. 23rd Avenue X must receive sod and irrigation coverage (Chapter 7.5, Article II Section 5.C. 2). COA 06/20/03 4 DEPARTMENTS INCLUDE REJECT 24. Provide an irhgation plan at the time of permitting (Chapter 7.5, Article II X Sec. 5A.). 25. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 26. Approval of this project is contingent upon the approval of the corresponding X request for a height exception (HTEX 03-004). 27. This project will require conditional use approval since the office building is X proposed above the parking area (Chapter 2, Section 6.A.). 28. The Palm Beach County Traffic Division must approved the traffic statement X (for concurrency) prior to the issuance of a building permit. 29. Ensure that the plant material and quantities match between the plant list and X the graphic representation. 30. Additional colorful groundcover plants are required along Seacrest Boulevard X (Chapter 7.5, Article II, Section 5.D.). 3 I. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 32. One (1) tree is required every 30 linear feet (along the west property line). X However, where tree and hedge requirements are met on one property, only the green space width shall be required for the abutting property (Chapter 7.5, Article II, Section 5.E.). On the abutting property to the west (Lot 57), if the large tree (that currently exists within the abutting property's eastern perimeter buffer) is removed, then the property owner of Lot 67 will be required to install four (4) trees within the subject property's western landscape buffer. 33. Only one (1) monument sign is permitted (Chapter 21, Article IV, Section X 2.B). In addition, any proposed monument sign is required to be located at COA 06/20/03 5 DEPARTMENTS INCLUDE REJECT least 10 feet from the property line. 34. All elevation drawings shall include the manufacturer's name and color code. X Staff recommends using a color schedule (Chapter 4, Section 7.D). 35. All project signage is subject to review and approval by the Planning & X Development Board. On the elevations, indicate the sign type, letter colors and sign material (Chapter 21, Article 4, Section C.). Staff recommends that the wall sign letters be the same color or similar to the terra cotta S-tile roof or other buildint~ accent colors. 36. Staff recommends that the exterior finish and color(s) of the privacy wall X should match the exterior finish and color(s) of the building. 37. Staff recommends installing ground lighting to illuminate the letters on the X monument sil~. 38. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to secure a building permit. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 39. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 40. To be determined. ~ ~D MWR/elj S:\Planning\Shared\Wp\Projects\Seacrest Medical Tower~COA.doc ""' ,- .... EXHIBIT "D" SOUTH EAST ARCHITECT SERVICES, INC. 2209 N.E. 54" Street, Ft. Lauderdale, FL33308 (O) 954-771-6050 (Fax/954-77'1-0037 IE-Mail~ sea$1k31 ~stis..net LtC~^R6273 MEMORANDUM :: ::~',_,, ,JUi'! 6 '"'",'t.;u,:~ TO: PLANNING DEPARTMENT CITY OF BOYNTON BEACH FROM: LARRY KRAMER RE: "SEACREST MEDICAL TOWER" HEIGHT EXCEPTIONS CONDITIONAL USE: STANDARDS FOR EVALUATION OUR PROJECT #04-03 DATE: JUNE 4, 2003 The proposed "Seacrest Medical Tower" is a 2-Story Medical Building above parking located at the N.E. comer of Seacrest Blvd. and S.E. 23rd Avenue. The request for a conditional use is to permit the development of two (2) office floors above on- grade parking (Section 6.A.3.2.). The proposed conditional use will not adversely effect the general health, safety and welfare of the communit% With regard to the 'Applicable Standards', please note the following: Item No. 1: "IngTess and egress to the subject property and proposed structures thereon, with particular reference to automobile andpedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe "? Response to Item No. 1: The parking, pedestrian access, safety, convenience, traffic flow and control has been properly accomplished in the design of the "Seacrest Medical Tower" project. The covered parking adds to the convenience without any detrimental factors. ,.,- EXHIBIT "D" Page Two. Item No. 2: "Off-street parking and loading areas where required, with particular attention to the items in subsection D. l. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole "? Response to Item No. 2: The parking as designed is similar to parking on-grade, except that a portion of the parking is covered by the structure. We have endeavored, in the design of the "Seacrest Medical Tower" to buffer the parking areas, both open and covered with privacy walls, portions of the structure and landscape buffers. The glare and noise on adjacent properties are properly mitigated by this design. Item No. 3: "Refuse and service areas, with particular reference to the items in subsection D.]. and D. 2. above. "? Response to Item No. 3: The refuse areas are fully shielded from view and covered, thereby mitigating any visual impact, noise and odor. Item No. 4: "Utilities, with reference to locations, availability, and compatibility"? Response to Item No. 4: The utilities are not affected by this design. Item No. 5: "Screening, buffering and landscaping with reference to type, dimensions, and character"? Resr>onse to Item No. 5: Special attention has been made with respect to screening, privacy ~valls, berms, building structure and landscape buffeting has been used to shield the parking from view. This design integrates the building and the parking, thereby maintaining the character and aesthetics of the structure. Item No. 6: "Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties"? Response to Item No. 6: The character of this building is that ora sophisticated, conservative medical professional building. Therefore, the signage and exterior lighting has been designed to reflect the design intent. Lighting and glare and traffic safety has been accomplished in this design. "Seacrest Medical Tower's" design and character has been developed with the intent to be harmonious with the adjacent structure. ,-- EXHIBIT "D" Page Three. Item No. 7: "Required setbacks and other open spaces "? Response to Item No. 7: eacresr Medical Tower" meets and exceeds all required set-backs and other zoning requirements. Item No. 8: "General compatibility with adjacent properties, and other property in the zoning district "? Response to Item No. 8: The design of the "Seacrest Medical Tower" has been accomplished with the intent to develop a structure fully compatible with its neighbors. The character of the structure, the materials and colors and the scale was designed to be respectful of the adjacent structures. Item No. 9: "Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole "? Response to Item No. 9: The "Seacrest Medical Tower" is compatible with its surrounding buildings. This important comer is highlighted by the elevator stair tower and the bridge to the medical office wing which creates a strong design element. The height of the structure and the details, choice of materials and colors is fully harmonious with the adjoining structures and the aesthetic concept that the "City of Boynton Beach" has established for this community of buildings. Item No. 10: £conomic effects on adjacent and nearby properties, and the city as a whole "? Response to Item No. 10: The "Seacrest Medical Tower" is a high-end sophisticated structure. The design, the materials proposed and the overall concept creates a prestigious medical office building, one that will add value as well as aesthetics to this neighborhood and the 'City" as a whole. "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 "? Response to Item No. 11' "Seacrest Medical Towers" will abide by the standards and requirements which apply to site plans as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. Item No. 12: "Compliance with, 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 "? Response to Item No. 12: The "Seacrest Medical Tower" is a medical professional building. The nature of the building, the use of the structure is such that it will not generate any hazards or inappropriate nbise or nuisance. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE 'Pi.Z. CITY OF BOYNTON BEACH, FLORIDA I~E~... ?~L,~_.. PROJECT NAME: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) APPLICANT'S AGENT: Robert S. Fike - Olen Residential Realty Corporation APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request to abandon 12-foot wide utility easement. LOCATION OF PROPERTY: Quantum Park Lots 66 & 67A DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development o~he-i~e~.~rty shall be made in accordance with the terms and conditions of this~,9~,%~ GO y,~.o~ ~, 7. Other / ~'~~'~ I I~0,.;~'~°) _ ~ .\-'"u / ..... ~ . . DATED:'7-i R -o.~ \ '~,,-"~'~- ~ .~/'-. Ill.f-~,,,~u _~  ~' City Clerk ' - S:\Planning\Shared\Wp\Projects\Villas at Quantum AABAN 03-003\DO2.doc Location Map EXHIBIT"A" VILLAS AT QUANTUM LAKES ABAN 03-003 R1 -"" GATEWAY BLVD EXHIBIT "B" - LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE ABANDONED A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and -33 of the Public Records of Palm Beach County, Florida, more fully described as follows: BEGINNING at the northeast comer of said Lot 66; THENCE South 88'13'32" East along the North line of said Lot 67-A, 6.00 feet; THENCE South 01'46'28" West, 168.76 feet; THENCE South 53'24'17" West, 15.31 feet; THENCE North 01'46'28" East, 177.73 feet to the North line of said Lot 66; THENCE South 83'37'53" East, along said North line, 6.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Flodda, containing 2,071 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS 12' UTILITY EASEF,ENT TO BE VACATED A PORTION OF LOTS 66 cz 67-A QUANTUM PARK AT BOYNTON BEACH' P'I'D" PLAT NO' 9 ~ (PB 60 PGS 32--33, PBCR) , , : ~ I J :POINT OF BEGINNING ,~ ' ! t NORTHEAST CORNER ~TES FOR RIGH~-OF-WAY, EAS~EN1S, OWNERSHIP OR OTHE~ 2. BEARINGS SHOWN HI3~DN ARE RE~ATNE TO '114E ~ RIGHT-OF-WAY PgCR). SAID LINE ~ SOUTH 00'31'17' EAST. E E F~ , BY: 3. UNLESS IT BEARS ~I-IE SIGNATURE AND THE: ORIGINAL RNS~ SEN. OF A fl. DRIDA UCENSED SUR~'Y~R AND ~ THIS ~ IS FOR INFOR~TIONAL PURPOS~ ONLY AND IS HOT VALID. MI~D. PROFESSION~ SUI~'YOR AND MN~P~ 4.. THIS I$ NOT A 130UNDN~ SUI~;Y. FLORIDA REGISTRATION NO. 3998 & A s s o c i A T E S PLANNING CERTIFICATE OF AUTHORIZATION NO. LB SKETCH OF nESCRIPT1ON MDR Q,1/II/I~! MDR 18;55 s. Perlm.f~r Ro~d · Suite 190- Ft. buderdol~, Fl. RLm~ION~ ~ DAT~ FI~ CHKD PH: 954-?76-T6n4 · FAX: ~54-776-7608 EXHIBIT "B" LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE DEDICATED A portion of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, more fully described as follows: COMMENCING at the northeast corner of Lot 66,as shown on said plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9; THENCE South 88'13'32" East along the North line of said Lot 67-A, 18.98 feet to the POINT OF BEGINNING; THENCE continue South 88'13'32" East, along said North line, 12.00 feet; THENCE South 01'46'28" West, 163.27 feet; THENCE South 53'24'17" West, 31.86 feet; THENCE North 01'46'28" East, 15.31 feet; THENCE North 53'24'17" East, 16.56 feet; THENCE North 01'46'28" East, 157.47 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2,215 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET I OF 2 SHEETS SKETCH OF DESCRIPTION EXHIBIT"B" IZ' UTILITY EASEMENT TO BE DEDICATED A PORTION OF LOT 67-A QUANTUM PARK AT BOYNTON BEACH. P.I.D.. PLAT NO. 9 (PB 60 PGS 52-33' PBCR)PoiNT OF COMMENCEMENT " .~ NORTHEA~ C~NER~ ~ OF ~ A s s o c I A T E S ~NINa CERTIFI~TE ~H ~ ~~N MDR ~!~ M~ 1835 S. Perimeter R~d · Suite lgOe Ft. ~ud~ale. R. 33509 EXHIBIT "C" Conditions of Approval Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Reference: Request to abandon a 12-foot wide utili _ty easement with a April 22, 2003 Planning and Zoning Division date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. This Division approves the application to abandon this public utility easement X with the proviso that this action be concurrent with the relocated 12-foot utility easement to be dedicated. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 2. The project must obtain approval from the cable company (either Comcast or X Adelphia, whichever is applicable). Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ ~O MWR/elj S:\Planning\Shared\Wp\Projects\Villas at Quantum Lakes aka Grotto Bay~.BAN 03-003\COA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA "~ 7-. PROJECT NAME · Boynton Beach Marina Townhomes oe~. Lie_. APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd. APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request conditional use approval for 11 townhouse units on a 7.349 acre site in the Mixed-Use High (MU-H) zoning district. LOCATION OF PROPERTY: 743 Northeast 1st Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, 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: 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 I~.~,tAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby v'"'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: '7- I~ - O~ City Clerk S:\Planning\SHARED\WP\PROJECTS\BOYNTON 03-003\DO.doc Location Map EXHIBIT"A" Marina · L k ~L~L '1 .,. EXHBIT "C" Conditions of Approval Project name: Boynton Beach Marina Townhomes File number: COUS 03-003 Reference: 2na treview plans identified as a Conditional Use with a June 17, 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. 2. Staff has concerns regarding the proximity of the trash room/dumpster enclosure X to the Townhomes (Bldg. 4-Unit 1) with respect to noise and odor. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code requirement X of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Article II, Section 26-16(b)). 4. CODE, Article II, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Article II, Section 26- 33(a). 6. Provide a phasing plan for water and sewer (sanitary and storm) construction. X ENGINEERING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X COA 07/09/03 2 DEPARTMENTS INCLUDE REJECT comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 X will be required at the time of permitting. Also provide drainage analysis showing compliance with the requirements of the SFWMD permit(s) and City of Boynton Beach requirements. 9. A complete review of the details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 10. The Parks and Recreation Facilities impact fee is figured based on 11 single X family attached (Townhouse) Units. The following fee is due at the time of first applicable building permit: 11 single-family attached units ~ $771 each = $8,481. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 11. The elevations shall indicate the proposed building height. X COA 07/09/03 3 DEPARTMENTS INCLUDE REJECT 12. Staff recommends that a period of one (1) year be allowed to obtain a building X permit for this portion of the Marina Project. 13. Continued compliance is required with amended mediation agreement including, X but not limited to the overlook area. COMMUNITY REDEVELOPMENT AGENCY CONDITIONS: Comments: 13. With direction from staff, delete Engineering condition #2 which has been X satisfied. 14. Provide decorative wall-mounted lighting fixtures on the north side of the X building. The lighting levels from the fixtures shall be indicated on the photometric plans and elevation drawings. 15. A public access easement shall be provided along the sidewalk, north of the X proposed townhouse units to ensure perpetual use and enjoyment by public. CITY COMMISSION CONDITIONS: Comments 15. To be determined. ~ ~f eli $:\l~lanning\Sharod\Wp\l~rojoct$\BOYNTON BEACH MARINA\COLIS-'I'ownhomos 03-003\COA.do¢ MEMORANDUM The File D^~ 10/27/80 City Planner Proposed Motorola Plat I have reviewed the proposed plat for the Motorola PID and based on the submission offer comments as follows: 1. From a point approximately 700-ft from the new easterly right- of-way of Congress Avenue to the E-4 canal, the greenbelt should be expanded to 40-ft because the property to the north is zoned R-3; 2. The greenbelt along the Boynton Canal should be expanded to 40-ft because the property to the south is zoned R1AA; 3. The greenbelt should be dedicated to Motorola for development and maintenance pruposes; and, 4. The utility easements shown on the plat should be specifically dedicated to Boynton Beach among others. ~ar~en Sl Annunzia~, City Planner CSA:pf cc: Tom Clark Perry Cessna Central File July 15, 2003 Good Evening Mayor, Commissioners and City StafP. I've debated a little bit about the compensation increase on the agenda tonight - mostly-positive comments and suggestions. I've discarded the few negative comments suggested to me, because those really lacked any substance. On the negative side some have tried to compare a fair and equitable compensation increase for the Commission to that of full time employees within the City. I discarded that because those of us who have actually defended salary increases and retirement benefits to our Commissioners for City Staff, Fire and Police personnel, clearly understand and care about all City employees and if we were going to be completely fair and equitable - Commissioners would have received an increase several years ago. Again on the negative side, I've listened to some of the comments that are open- ended questions - like why should the Commissioners get a raise? Look at our Budget issues this year? Gentlemen, I will repeat what I said several weeks ago when I suggested that you take a good look at increasing the compensation levels for the Commission. It's the right thing to do! It's not political and it shouldn't be negative. You deserve more compensation than you currently receive by virtue of the job you do and the job responsibilities that you have minus a strong Mayor government. Everyone can't be nor should they be independently wealthy to be a Commissioner in the City of Boynton Beach. We already know that you do not run for Mayor or Commissioner to become rich based on your compensation level. You are encouraging other Citizens who for whatever reasons may be knowledgeable and capable of holding office, but simply need a little more salary to help them and their families as they work hard for this City's needs. Now, on a personal note - I have nothing to gain by defending my original recommendation that this issue be addressed. However, let me just go ahead and say it to you and the citizens that I am not impressed by comments that . - EXHIBIT - July 15, 2003 City --Commission Meeting July 15,2003 Good Evening Mayor, Commissioners and City Staff! I've debated a little bit about the compensation increase on the agenda tonight - mostly-positive comments and suggestions. I've discarded the few negative comments suggested to me, because those really lacked any substance. On the negative side some have tried to compare a fair and equitable compensation increase for the Commission to that of full time employees within the City. I discarded that because those of us who have actually defended salary increases and retirement benefits to our Commissioners for City Staff, Fire and Police personnel, clearly understand and care about all City employees and if we were going to be completely fair and equitable - Commissioners would have received an increase several years ago. Again on the negative side, I've listened to some of the comments that are open- ended questions -like why should the Commissioners get a raise? Look at our Budget issues this year? Gentlemen, I will repeat what I said several weeks ago when I suggested that you take a good look at increasing the compensation levels for the Commission. It's the right thing to do! It's not political and it shouldn't be negative. You deserve more compensation than you currently receive by virtue of the job yen do and the job responsibilities that you have minus a strong Mayor government. Everyone can't be nor should they be independently wealthy to be a Commissioner in the City of Boynton Beach. We already know that you do not run for Mayor or Commissioner to become rich based on your compensation level. You are encouraging other Citizens who for whatever reasons may be knowledgeable and capable of holding office, but simply need a little more salary to help them and their families as they work hard for this City's needs. Now, on a personal note - I have nothing to gain by defending my original recommendation that this issue be addressed. However, let me just go ahead and say it to you and the citizens that I am not impressed by comments that SU'7."c'st the compensation level is already fair and equitable or I'm just retired anI) ion't need the money or I don't won't to address this because somebody will get mad at me or I'll hurt their feelings. The I'm retired and don't need the money is humble and honorable, but it's also selfish to not think of those that will be following in your foot steps in my opinion and people get the feelings hurt everyday. Gentlemen - In my humble opinion, it's simply the right thing to do and it needs to be done now. I'm sure in 1928, Mayor Myers and Commissioners Winchester and Benson made someone ma~too. The Commission certainly did in 1984 and in recent years, the subject becomes a hot potato. Past Commissions that chose not to address it - well, too bad for them. A Fair and Equitable increase for our Mayor and Commissioners that is commensurate with the job responsibilities that you do in this year of 2003 should be done and it just shouldn't be a big deal to get it done. Brian Edwards 629 NE 9TH Ave Boynton Beach, FI 33435 732-2739 2 2001-2002 Fire Assessment Cost Allocation Total 2118 100.00% $3,369,656.00 Commercial 4,901,500 SF + $ 757,297.57 .064 ¢/SF Boynton Mall J.C.P. Assoc., LTD. 430,078 SF + $ 7725.00 .017 ¢/SF ~:. DESIDERIO CORP. , Atrium Place 20,826 SF + $ 3,090.00 .148 ¢/SF TWO BOXES MOTOROLA 331,480 SF + $ 2454.00 HCR MANOR CARE .007 ¢/SF 47,168 SF $10,042.00 .266 ¢/SF Contains Hazardous & Flammable Contains Our Greatest Materials Generation NURSING HOME PAYS $ 7,588.00 MORE WHY? THIS IS BEYOND REASON NOT FAIR, NOT LOGICAL AND DISCRIMINATORY! Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD Fill in the information called for below ~~~vNe]]toA :~~iMfClerk prior~ ~t~the sta~ of the Ci~ Commission Meeting. Address ~'~Z) [ '-~L.. ~_~.~ Telephone # ~1~--7o~'~- Agenda Summary of Matter to be - (One per card) ~W~d~_~~d_ee___hl~ ~m..a~ppoal auy..d~n, ma. de ~e Cl~ ~~n ~ ~l~ct to ~y m~er co~e~d at rhl, meefl~[, he/she ~~-~.~~_~ ~r."~ ~n, ~/~ .~y ~e~ ~_e~ ~t a ~ba~ ~co~ of ~e ~ceed~s h ....... u ~m~ ~ ~--~,uy m ~ue~ u~n w~n ~ mppm m ~o ne omd. (F.S. ~6.01~) ~~ _~~~~ ~d..~ w~ ~ce~ to ~ord.~ h~ ~ a ~ ~ eq~ ate__, t__.~ _~.~ ~. ~ ~wu~y*~g~ ~m pmr m ~ ~ or acu~ m oraer for ~ ci~ to ~o~bly ac~mmodate yo~ nq~st. See ~veme side for impo~t mes~ge PUBLIC COMMENT CARD AGENDA ITEMS ~/~/~ Fill in the information called for below and give to the City Clerk prior to~h~start of the City Commission Mee~l-g. ~ Name .~_~ ~r~ ~_a. ("__~e_, ~ ' _ _ ' '/ 'b . If a person deeid~ to appeal any deef~ion nmde by tho City Conuniuion with respect to any matter contidered at thit meeting, he/she will need a record or the proceedings and, fbr such imrpo~, b/she my need to ensure that a verbatim record of the proceedings is made, which record includn the tas~,~nuy and evidence upon which the appeal is to be hued. (F.S. 286.010S) The City .h.l~ famish appropriate auxiliary aids and nrvtcn where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the beneflte of a nrvtce, program, or activity conducted by the City. Please contact Joyce Coetello, (561) 742~013 at lent twenty-four hours prior to the program or activity in order for the city to reuonably acco-~-,odate 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 Commission Mee~g. Name Telephone # ~ ~l- (~ ~ ~ ~ . ~Agenda # ~ - ~-~ Summary of Matter to be Addressed - lOne topi p~er cardI ~t~ ~-~, d*cid~ to &,~al any d~ciaion md, by the~;ity Co~n__w~_th respect to a~..y .matter _con~idere, at ~ meeth~, he/ah, ~ _'.~---'Y-'_.. _r:_ __~-- _ . mu -~4uy ~u~ u~u~um az a ~c,, p~o~m, or activity COhen. ted the Cl uoece~o, f5~1~ 743-6013 a- ---.~ 4~-..~- ~.~ k---- ---~ ............. by ty. Please contact Joyce · . .... ...~.~-.um uuure pru~ cu me program or acuvlt~y in or,er lot the city to renonably accommodate ~our reqneat ~ee reverse side for ~mportant message O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS// 1 in the information called for below and give to the City/C~erk prior to the start of the City ,mm/ss/on Meeting. ~ ~ ~ame L~/-/~ ~ q~.~ ~~,_) /~/~ ~ / Lddress I~--~ O ~ ~-~~/A~c~~ ~~ :elephoae # ~~ A~enda #~ ~ummary of ~atter to be A~- {One toRic per card} a ~,~_--~_~_ de-4de-_ to a~aal any d~_--'-_~f~ male by the City Comm~--~on with respect to any matter considered at thit_ meeting, he/she ill need a record of the proceedings and, for ouch purpose, b/she my need to ensure that a verbatim record of the proceedings is ade, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.0105) ~e City shall furnish approlutate au2dllury aids and services where necesnzy to afford an individual with a disability an equal )portunity to participate in and enjoy the benefits of a se~-ce, l~ogram, or activity conducted by the City. Please contact Joyce ~atello, (S61) 742~013 at lent twenty-four hours prior to the progrm or activity in order for the city to renonaMy accommodate ,ur request. See reverse side for imDortanf m~_~ Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and hdve to the City Clerk prior to the start of the City Commission Meeting. If a person decides to appeal a~y decision made IfF the Cit~ Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings ami, fbr such purpose, he/she may need to eneure r~hat a verbatim record of the proceedings is made, which record lncindea the to~in~ny and evidence upen which the appeal ia to be baaed. (F.8. 286.0105) The Clt~ shall fof~ish appropriate alzxilia~ aids and servicea where necessary to afford an individual with a disabflit~ an equal opportunity to participate in and enjoy the benefits of a service, pro.am, or activity conducted by the City. Please contact Joyce Coatello, (561} 742.6013 at least twenty-four hem l~lOr to the pro.lin or activity in order for the city to reasonably accommodate your request See reverse side for Important message Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Mee~flx~. ~-~' Summary of,M~a, tter to btA~d~- (One topic per card) Ifa Person decide~ to appeal any dect~on made by the City Commission with reIpeCt to any matter considered at this meetly.-, he/Ihe will need a record of the proceedinfs and, for such purpose, he/she my need to ensure that a verbitim record of the proceedinls is made, which record incind~ the testimony and evidence upon which the appeal is to be brad. IF.8. 286.0105) The City shall hrnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to pIzticipIm in and enjoy the benefits of i service, prolmm, or activity conducted by the City. Please contact Joyce Coltello, (S61J 743-6013 at leIIt twenty-four hem prior to tho prolxIm or activity in order for the city to reaIonably accommodate your request. See reverse side for important message O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the infomation called for below and ~ive to the City Clerk prio/r to the start of the City Commission Mee~tg. · ddress ._ · a person decides to appeal any doc~sion made by the City Conunisaion with respect to any mat~er considered at this meeting, he/she Fill need a record of the proceedings and, nade, which record includes ~ho testimony and evidence upon which the appeal is to be brad. (f.8. 286.010S) the City shall fhrnish appropriato aua~laz7 aids and services where necessary to afford an individual with a disability an equal ,ppert~Lu~y tO parttcipato in and enjoy the benefits of a service, program, or activity conducted by the City. Please con, act Joyce -~oetello, (S61) 742-6013 at least twuty-four hours prior to the program or activity in order for the city to ressonaMy aeco---,odate ,o= reqnest. See reverse side for important message O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS ill in the information called for below and ~ive to the City Clerk vrior~ the start of th~ ~ommission Meetinf. , .~ . . __ .j ..... City Name '~--.O-~iO (~S~,~{~ ~,~. ~ 21ePmha~ne # Agenda # Fy of Matt~~ ~ed-(O~topic per card) . If a 1~--~ decides to a~p6al any decision made by the City Commission with respect to any mat~er considered at th!~ meeting, he/she will need a record or the proceedings and, fbr such purpose, he/she my need to ensure that a verba~hn record of the proceedings is made, which record includes the testimony and evidence upon which the appeal ia to be brad. (F.8. 286.010S) The City shall famish approprlato auxiliary aids and services where necosear~ to afford an individual with a disability an equal opport3mity to participate in end enjoy the benefits of a service, progre~n, or acffvtty conducted by the City. Please contact Joyce ¢oetello, (S61) 742-6013 at least twenty, four hours prior to the program or activity in order for the city to reseonebly accom,-oda~e ~o= req.,,t. See reverse side for important message O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COUNT CARD AGENDA ITEMS Fill in the info,marion called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Summary of Matter to b~ Addresa~- (One topic per card) ir a person decides to appeal any decision made by tho City Conunisalon with respect to any matter considered at thi. meeting, he/she will need a record of the proceedings and, ~or such purpose, b/she my need to ensure that a verbe*~,~ record of the proceedings is made, which record includes the te~4,~ny and evidence upon which the appeal is to be brad. (Y.8. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to pertictpote in and enjoy tho benefits or a service, program, or activity conducted by the City. P/em contact Joyce Ccotello, (561) 742-6013 at least tw~ty-four lmm ~ to the program or activity in order for the city to reuonably acco-~-~odate your request. See reverse side for important message PUBLIC COMMENT CARD '~ AGENDA ITEMS i~ ~ I 'ill in the information called for below and give to the City Clerk to the start of the City :ommission Meeting. Name ~ Address ~.~j~.~__ . Telephone # ~ Agenda #~ Summary of Matter to be - (One per card) If a person decides to appeal any dechdon City Conunisalon with respect to any matter considered at thJt_ meeting, he/she will need a record of the procoedings and, br such purpose, he/she my need to ensure Chat · verbatim record of the proceedings is rode, which record includes the te~fl,~uy and evidence upon which tho appeal is to be based. (F.8. 286.010S) The City shall ftuntsh 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 se~wice, program, or activity conducted by the Cfty. Please contact Joyce Costello, ....... (S61). 742-6013 at leut twenty, four_ hem prior to. the. program or activity in order for the city to reasonably acco,~t~ O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~mation called for below and give to the City Clerk primo the start of the City Telephone # ~ ~ --- Summary of Mat~opic per card} If a person decides to appeal any decision made by the City Comml~ion with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpoee, 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 ba~ed. (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 ill in the info~...ation called for below and give to the City Clerk prior to the start of the City ommission Meeting. Name ~ t. . _ ~ ~f a ~,--,~n decides to appeal any decision made by the City Commission with respect to any matter considered et this mectin~, he/she ~ill need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is ~ade, which record includes the testimony and evidence upon which the appeal is to be based. {F.8. 286.0105! the City shall furnish appropriate auxiliary aids and services whero neceasary to afford an individual with s disability an equal ~pportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce '~ostello, ($611 742-6013 at least twenty-four hours prior to the program or activity in order f~r the city to roasonsbly accommodate ~our request. 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 give to the City Clerk the start of the City Commission Meeting. Name ~/~!-~ : ~'-~~ Address ~ ~ '~'-'~ Telephone # Summary of Matter to be seed topic per card) If a perso~ec~ t*o'a~peal any decision made by with respect to any matter considered at this he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of 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 flLrnish 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, (551) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Q BOYNTON BEACH crrY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Ltl in the ~nformatton _~alled for below and ~tve to prior to th! start City .~ommtssion Meeting. // , ' Address Telephone, ? .mm y of to b. topi. p.. , If a person decides to appeal any decision made ' C, olnmifaton with elect to any matte~ considered at thit meefln.*, he/she will need a record of the promdJ-~ and, br such b/aiM my need to ensure that a verbatim record of the proceedings ia made, which record includes the testimony and evidence upon which tho apl~al is to be based. (Y.8. 286.0105) The City shall faralah aplwoprtato auxillazy aids and services where necommry to afford an individual with a disability an equal opportunity to participate in and estjoy tho benefits of a service, projram, or activity conducted !~ the City. Please contact Joyce Coetello, (561) 742-6013 at least twenty-four hours prior to tho iwo~am .or activity in order for the city to reasonably accommodate Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info..~.ation called for below and give to the City Clerk prior to the start of the City Commission Meettn~. ~~ Name ~ ~ Address Telephone # ~ Summary of Matter to be - {One to' per card} If a person decides to appeal any decision made the City Commission with respect to any matter considered at this meetinL 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, pro~ram, 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 order for the city to reasonably accommodate your request. 'f( f~'~ BOYNTON BEACH CITY COMMISSION MELTING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info~--.ation called for below and ~tve to the City Clerk the start of the City Commission Meeting. Name ~~ ~ t~~ Address Telephone # ~ Agenda # Summary of to be - roue, w~n ~ ~~ ,~ ...... d ~d,~n W~ ~ a~ b ~ b ~ (F.8. ~6.0105) op~~ to ~~ _~_~~.~ ~nm of a .~, ~ or ~ ~nd~ ~ ~ Cl~. ~em ~.~ Jo~e C~t~o, (561) ~Ad a~ ~ ~ lO~ ~m ~r m ~ ~ or ac~ h ord~ f~ ~e ci~ M ~bly ac~mmodato BOYNTON BEACH CITY COMMISSION MFS'TING 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 Commission Mee,~v~g. Name Address Telephone # ~ Agenda # / . S_ .~ary ,of Matter to be ,~ddressed- ~3ne topic per card) will need a record of the proceedin~ to ensure Chat a verbatim record of the proceedings is made, which record includes ~ t~s~,n'~ny and evidence upon which the apFeal is to be based. (F.S. 286.0105! The City shall famish alq~opldato a~tllary aids and M~wtces where necessary to afford an lndiVtdl~l with a disability an equal opportmaity to partictpam in and os~y the benefits of a service, pro,rem, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hem prio~ to the pro[ram or activity in order for the city to reasonably accommodate your request. See reverse side for important message Q BOYNTON BEACH CITY COMMISSION MEETING ~' PUBLIC COMMENT CArD AGENDA ITEMS Fill in the information caned for below and give to the City Clerk prior to the start of the City Commission Meet~,~g. Name Address __~__2q Telephone # Agenda # J~T~~~_~ Summary of Matter to be topic p, card) If a npeeled - d~ec___t~ ~.a.p_ _p~__ ~ny..doctg~. ma. de by. the City Co..mz~. ion with respect tO any matter considered at this meeting, he/she will . ~v~ru o~e.~_~t~.~an~.. _.~r~_~_ff~re__a~__ .u~0~._` aids_.and, servtc .es where necessary to afford an individual with a disability an equal -_t-t-.~,-.~.,---?_~__-.~, l, euu~pm~ m Inu enjoy uxe uene,~r~ ox a service, pro,ram, or activity conducted by $~e City Please c Ue~ ~ovc ~;08 roue, la§l! 742-~013 at least twenty-four hours prior to f~e pro,rem or activity in order for the city to reasonably accommodate Four request. ~ee reverse side for imoortant mess~a~ Q BOYNTON BEACH CITY CO~$SION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~lve to the City prior to the start of the City Commission MeeH~g. Telephone, A,enda, ~-~---~ Summary of Matter to (One topic per card) If a person decides to appnel any dee~tion made by the City Conuninion with respect to any rotter considered at thin meeting, he/she will need a record of the proceed~ and, braneh purpose, he/she may need to ensure that a verbatinl record of the proceedings is made, which reeo~d inalude~ the ta~4,~fluy and evidence upon which the appeal is to be based. (F.8. 386.010S) The City alLull furnish appropriate amdllary aids and services where necessary to afford an individual with a dlnbmty an equal opportunity to participate in and enjoy tho benefits of a service, pro~un, or activity conducted by the City. Plem contact Joyce Coetello, (S61) 742-6013 at least twenty, four hours prior to the pro,ram or activity in order for the city to reuonably accommodate your reqnect. See reverse side for mportant message Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD ~~~ AGENDA ITEMS Fill in the info~..~ation called for below and ~tve to the City Clerk pn~the start of the City Commission Meeting. ~ ~ /' Address ...... Telephone, ~1 _/~ -~- ---- Agenc~, ~ Ifa person decides to appeal any decision made by the City Conuniseton with respect to any matter considered at t~. meetinf, he/she will need a record of the proesedinis and, for such purpose, ho/she may need to ensure that a verbatim record of the proceedings is made, which record inaludea the tes~4m,,uy and evidence upon which the appeal is to be baaed. (F.8. 286.010S) The City th. I1 ~ aplJroprtlto aIIEilJfLT~ aids ~ld MrVtCO8 where neceonr7 to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a selq~lce, pro~rnnl, or activity conducted by the City. Please contact Joyce CosteHo, (S61) 742-6013 at leut twenty*four hours prior to the program or activity in order for the city to reasonably accommodate QBOYITrON BEACH CJTY COMMISSION MEETING Fill in the information called for below and give to the City Clerk prior ~ile/tart of the City Commission Meeting. /~ Name 0~/_0 ~/~/ Summa of Matter · ~ ry to be Addressed -. (One topic per card) ( v ! ~ _~_~. n decide, t?.appeal ~ny..dec~ion. m~~C~y Co...nm~imion with ~.pect t~~_ matter co~mtdered at this mee~..-, he/ah. The City shall ferniah appropriate auxlllery aids and ~ricse where nece~ary to afford an individual with a disability an equal opportu~y to participate in and enjoy tim b~neflte of a ~vice, pro~m, or activity conducted by the City. Plea~ contact Joyce Coeteilo, (561) 742-6013 at le~t twenty, fruit houl~ prior to th~ proxima or activity in order for the city to reuoaably accommodate y~ur reqneet. See reverse side for ~mportant message O BOYNTON BEACH CITY CO~SSION ~~~ PUBLIC COMMENT CARD MEETIN . ' AGENDA ~ 'ill in the information called for below and give to the Clerk prior to the sta~_o~f~the City 3ommission Meeting. Name ~ Address Telephone # Agenda # ~ ~ ~ O ~ ~0~ Summary of Matter to be (One ic per card) / ~ ~ If a person decidse to appeal any decision: by tho City Commission with respect to any matter considered at this meeting, he/she will need a record of tho procsedinp ~0r such purpose, b/she may need to ensure that a verbatim record of the proceedinp is made, which record includes the and evidence upon which the appeal is to be based. (F.8. 286.010S) The City ,ken furnish appropriate auxfliery aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a selwice, propmn, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate O BOYNTON BEACH CITY COMMISSION ME~ ' Fill in the info,..~atton called for below and give to the City Clerk-~FrtS~to the start of the City Commission Meeting. Summary of Matter to be Addressed - ~)ne topi~l~er card) _ , If a person docid. B to appeal any do~lalon made by tho City Commission with respect to any matter considered at thi. meeting, he/she will need a r~ord of tho ~-? and, ~or such purpose, ho/she may need to ensure that a vmdmttm record of the proceedings is made, which record indudo8 tho testimony and evidence upon which the appeal is to be based. {F.S. 286.0105! The City 8hall furnish apil~opriate auxiliary aids and service8 whore necessary to afford an individual with a disability an equal opportunity to participate iii ~ erl~oy tho benefits of a 8erwtcc, pro,am, or activity conducted by tho City. Please contact Joyce Coatello, {561} 742-6013 at but tlemity-four hours prio~ to the pro,ram or activity in order for the city to reasonably accommodate yo. qneat See reverse side for important message O BOYNTON BEACH CITY COMMISSION MEET~ PUBLIC COMMENT CARD 'AGENDA ITEMS ~I1 in the !~formation called for below and give to the City Clerk ~rior to the start of the City 3remission Meeting. Name Telephone # ~ ~ .oste~, (561) 742~013 at 1~ __~.~.__ ~ ........ , ~, .. ~ ~a~ed ~ ~ CI~. ~em con~ct Joyce ~-~ ~ ~m ~ m ~ ~ or ac~ ~ o~er for ~0 ci~ ~ ~m~bly accommodate -o~--q.st. ~e ~veme side for Impo~t message 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 Kive to the City Clerk prior to the start of the City Commission Meeting. The City shall furnish appropriate auxiliary aids an~services where necessary to a~fford an individual with s disability an equal opportunity to participate in and enjoy the beneflt~'of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hou~ prior to the program or activity in order for the city to reasonably accommodate your request. Eh OM EXHIBIT - July 15, 2003 City I Commission Meeting July 15, 2003 Good Evening Mayor, Commissioners and City Staff! ' I've debated a little bit about theIcompensation-increase on the agenda tonight— mostly-positive comments and suggestions. I've discarded,the few negative comments suggested to me, because those really lacked any substance. On the negative side some have tried to compare a fair and equitable compensation increase for the Commission to that of full time employees within the City. I discarded that because those of us who have actually defended salary increases and retirement benefits to our Commissioners for City Staff, Fire and Police personnel, clearly understand and care about all City employees and if we were going to be completely fair and equitable—Commissioners would have received an increase several years ago. Again on the negative side, I've listened to some of the comments that are open- ended questions—like why should the Commissioners get a raise? Look at our Budget issues this year? Gentlemen, I will repeat.what I said several weeks ago when I suggested that you take a good look at increasing the compensation levels for the Commission. It's the right thing to do! ' It's not political and it shouldn't be negative. You deserve more compensation than you currently receive by virtue of the job you do and the job responsibilities that you have minus a strong Mayor. government. Everyone can't be nor should they be independently wealthy to be a Commissioner in the City of Boynton Beach. We already know that you do not run for Mayor or Commissioner to become rich based on your compensation level. You are encouraging other Citizens who for whatever reasons may be knowledgeable and capable of holding office, but,simply need a little more ' ' salary to help them and their families as they work hard for this City's needs. Now, on a personal note—I have nothing to gain by defending my original - recommendation that this issue be addressed. However, let me just go ahead and say it to you and the citizens that I am not impressed by comments that 1 f suggest the compensation level is already fair and equitable or I'm just retired and don't need the money or I don't won't to address this because somebody will get mad at me or I'll hurt their feelings. The I'm retired and don't need the money is humble and honorable, but it's also selfish to not think of those that will be following in your foot steps in my opinion and people get the feelings hurt everyday. Gentlemen—In my humble opinion, it's simply the right thing to do and it needs to be done now. I'm sure in 1928, Mayor Myers and Commissioners Winchester and Benson made someone madp too. The Commission certainly did in 1984 and in recent years, the subject becomes a hot potato. Past Commissions that chose not to address it—well, too bad for them. A Fair and Equitable increase for our Mayor and Commissioners that is commensurate with the job responsibilities that you do in this year of 2003 should be done and it just shouldn't be a big deal to get it done. Brian Edwards 629 NE 9TH Ave Boynton Beach, Fl 33435 732-2739 2 IT - July 15, IV1 E IV ® RA 1 V L Commission Meeting 2003 City 4 l The File DATE 10/27/80 FILE ) 2OM SUBJECT City Planner Proposed Motorola Plat I have reviewed the proposed plat for the Motorola PID and based on the submission offer comments as follows : 1. From a point approximately 700-ft from the new easterly right- of-way of Congress Avenue to the E-4 canal, the greenbelt should be expanded to 40-ft because the property to the north is zoned R-3; 2 . The greenbelt along the Boynton Canal should be expanded to 40-ft because the property to the south is zoned R1AA; 3 . The greenbelt should be dedicated to Motorola for development and maintenance pruposes; and, 4 . The utility easements shown on the plat should be specifically dedicated to Boynton Beach among others. Carmen S . Annunzi , City Planner CSA:pf cc: Tom Clark Perry Cessna Central File EXHIBIT — July 15, 2003 City Commission Meeting gq/c2.76,Z 2001-2002 Fire AsSessment Cost Alloaation Number of Category Name Calls %of Calls Budget Allocation Sin WW1 ,§w3PWARk*Mik'AiZaNg SEASKIBE2tikinj ti*FO,7 EfORMERf- at::ikMrS1;30A81:7! Wefritreieti-12WW4MREEM rkdOtaMtettotit#EMW 'vms:LtaPi'vzg:0100:5.9444 14tituVE10 r.7fav:aiMT42784101,22 witor4idocesmnatt.;4i:44016Va:-7 Wi'6;,-M-k,S,rW$26:44994 Total 2118 100.00% $3,369,656.00 2110 FixEs my Fii?Es A Hooutes FiREats ON gEA PzebwR-111K- Commercial 4,901,500 SF ± $ 757,297.57 .064 0/ SF Boynton Mall J.C.P. Assoc., LTD. 430,078 SF ÷ $ 7725.00 .017 0/ SF DESIDERIO CORP. Atrium Place 20,826 SF ÷ $ 3,090.00 .148 0/ SF 6 fr TWO BOXES MOTOROLA 331,480 SF - $ 2454.00 HCR MANOR CARE .007 0/ SF 47,168 SF $ 10,042.00 .266 0/ SF Contains Hazardous & Flammable Contains Our Greatest Materials Generation NURSING HOME PAYS $ 7,588.00 MORE WHY ? THIS IS BEYOND REASON NOT FAIR, NOT LOGICAL AND DISCRIMINATORY!