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Minutes 12-16-03MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS~ CITY HALL~ BOYNTON BEACH~ FLOI~OA~ ON TUESDAY, DECEMBER 16, 2003 AT 6:3Q P.M. Present Jerry Taylor, Mayor Nike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney .lanet Prainito, City Clerk OPENINGS: Call to Order - Mayor .lerry Taylor Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational United Church of Christ Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:32 p.m. Dr. Cook offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner McKoy. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. McCray and carried unanimously. Motion was seconded by Commissioner TI. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray extended a happy holiday season and a prosperous New Year to the citizens and staff. He complimented the Recreation & Parks Department on their calendar. Commissioner McCray also remarked on the good job that was done on the Boynton Beat Newsletter. He thanked the Recreation & Parks Department for the holiday decorations at the Hester Center and also thanked the Holiday Parade participants. Commissioner McKoy announced that last week he was the voting delegate at the National League of Cities in Nashville. He brought back the annual report and business meeting plans from the conference should any Commissioner wish to look at them. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida December 16, 2003 He also mentioned that he had agreed to move the Agenda Preview meetings to Fridays. He noted for the record, however, that he probably would not be able to attend some of those meetings. Mayor Taylor thanked Commissioner McKoy for his cooperation. Mayor Taylor announced that last night he and members of the Sister Cities Committee met with four businessmen from Qufu, China. These men are interested in doing something to show their friendship to Boynton Beach. They presented a gift from China to the City of Boynton Beach. (The carving was on display in the Commission Chambers). Commissioner McCray thanked the Fire Department for the kudos that they receive. He also commented that citizens have said to him that Boynton Beach has a beautiful City Hall and thought that there should be a holiday tree displayed. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) Mayor Taylor announced the joint meeting between the Commission and the CRA. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) Mayor Taylor announced the Capital Improvement Workshop. 3. Solid Waste Christmas & New Year's Holiday Pickup Schedule .left Livergood, Public Works Director, explained the Holiday pickup schedule. The residential garbage pickup regularly scheduled on Thursdays will be on Fridays. If citizens normally have pickup on a Friday, the pickup will be on Saturday, December 27m and Saturday, 3anuary 3% This is new and allows the employees to be off on Christmas Eve and Christmas Day. B. Community and Special Events: Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) Wayne Segal, Public Affairs Director, announced the free Oceanfront Concert. C. Presentations: Presentation by United States Representative Clay Shaw to East Boynton Beach Little League Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, FIQridp December 16, 200~ U. S. Representative Clay Shaw invited members of the East Boynton Beach Little League team and their coaches to join him at the podium. Representative Shaw read the U. S. Congressional Resolution recognizing the Little League team as the 2003 United States Little League Champions. He presented copies of the resolution to the team members and coaches. He also presented one to the City for display. Dan Liftman from Congressman Alcee Hastings' office said that Congressman Hastings was very proud of the team and the coaches who trained them. They showed the best of sportsmanship. Mayor Taylor remarked that the City is so proud that the players have been recognized by the local, state and national government. Mayor Taylor recognized Jeanne Heavilin and Chris Francois, members of the Sister Cities Committee, who were in attendance. 2. Present the 2003 Holiday Parade awards Ginny Shea, Senior Recreation Manager, recognized the excellent team of staff from Recreation & Parks, Public Works, Fire and Police Departments that worked on this event. She thanked the sponsors - the Post Palm Beach, CarMax and Citation Communications. She also thanked the Sun-Sentinel for their support in the amount of $31,700 in in-kind donations and cash. She thanked the judges, as well. Mayor Taylor and Ms. Shea presented the following awards: Grand Marshals Best Church Float Best School Float Best Marching Band Best Marching Unit Most Outstanding Float 3udges' Award Mayor's Award Boynton Beach Little League Bible Church of God Poinciana Elementary School Boynton Beach High School Southern Dance Theater Sun-Sentinel Southern Dance Theater Southern Dance Theater 3. Proclamations: a. Haiti Bicentennial Day- January 1, 2004 Mayor Taylor read the Haiti Bicentennial Day Proclamation and presented it to a gentleman in attendance. PUBLIC AUDIENCE: INDZVZDUAL SPEAKERS WILL BE LZMI'rED TO 3-MZNUTE PRESENTA1/ONS (at the discretion of the Chair~ this 3-minute allowance may ncc. d to be adjusted depending on the level of business coming before the City Commission) Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ridP Dece~mber 16, 2003 Herb Suss, 1711 Wood Fern Drive, asked what the outcome was for the request for the extension of the Library grant. City Manager Bressner explained that the City had received the Library grant and had until December 23rd to get the project under contract. With the referendum for the general obligation bond issue not passing in November, the City did not go out for bids. The Secretary of State accepted the City's letter of request to extend the grant to July 1, 2004. He advised the City that, regretfully, the State cannot extend the grant. An option is to reapply for funds that would be submitted in April 2004. If the library construction begins after July 1, 2004, it can be included in the State fiscal year 2005 funding cycle. If construction starts before that date, the City would not receive the grant. If construction starts after that time, the City has a chance of receiving it. Brian Edwards, 629 NE 9~ Avenue, gave kudos to the police officers that attend the neighborhood meetings. He also was really happy to see the Holiday parade back downtown. Steve Gallagher, 816 Bamboo Lane, distributed a typed list of problems regarding Dakota Lofts. These are on file in the Office of the City Clerk. In addition, he was told that City staff would meet with the residents. He has not heard anything and wondered when this would Occur. Mayor Taylor said that staff is working with the City Attorney to see how to proceed. Mr. Gallagher said that the residents were looking forward to a meeting this month. Bob Brown, S. Seacrest Boulevard, spoke regarding the citrus canker program by the State of Florida Department of Agriculture. Presently, the judge has stayed forced tree cutting. He had a concern with flyers that have been placed on doors asking individuals for waivers to snoop around and continue cutting. He felt that the City Commission should opt out of this citrus canker eradication program until the judge gives the go ahead. He also suggested that the City warn citizens that even if they receive these flyers, they have the right not to have people come on their property or cut their trees. V. ADMtNZSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date ! Ensler IT McCray Mayor Taylor III Ferguson Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children 8, Youth Cemetery Board Alt ! yr term Stu/NonVoting I yr term Stu/Voting i yr term Reg 3 yr term to 4/04 Tabled (2) to 4/04 Tabled (2) to 4/04 Tabled (3) to 4/04 Tabled (3) 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flqrida D~ember 16, 2003 Mayor Taylor Nuisance Abatement Board Reg ! Ensler Nuisance Abatement Board Reg III Ferguson Nuisance Abatement Board Reg ! Ensler Planning & Development Board Alt 2 yr term to 4/05 Tabled (3) 2 yr term to 4/05 Tabled (3) 2 yr term to 4/05 Tabled (2) 1 yr term to 4/04 Tabled (3) Vice Mayor Ferguson appointed Michael Enkoff as a Regular Member of the Cemetery Board. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointment. motion that carried unanimously. Commissioner McKoy seconded the VT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of December 1, 2003 Regular City Commission Meeting of December 2, 2003 Motion Commissioner McCray moved to approve items A.1 Commissioner Ensler and carried unanimously. and A.2. Motion was seconded by Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Approve the purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95 for the Police Department (90% of funding provided by the Federal Local Law Enforcement Block Grant) Commissioner McCray requested that item B.1 be pulled from the Consent agenda. Award the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)," Bid #006-2811-04/C3D to .1CI/.lones Chemicals, Inc. of Ft. Lauderdale, Florida, for an estimated annual expenditure of $140,000 Award the "SENIOR CENTER PHASE II INTERIOR RENOVATIONS," Bid #003-2413-04/.1A to SPADES CONTRACTORS, INC., of Ft. Lauderdale, Florida, in an estimated amount of $86,666 plus a 10% contingency to be included for a total of $95,332 (funding is from two grants from Forrest C. Lattner Foundation Inc.) (Proposed Resolution No. R03-193) 5 Meeting Minutes Regular City Commission Meeting Bovnt~n Bepch, Florida D~,~e~mber 16, 2003 Award the "PURCHASE OF FIYE NEW AND UNUSED 60 KW GENERATOR SETS to C3'S SALES AND SERV1:CE, of Ocala, Florida, in the amount of $119,725 - Bid #092-2821-93/.1A C. Resolutions: Proposed Resolution No. R03-186 Re: Associates to continue consulting services to projects at a cost of $7,000 Contract with .lEG the Heart of Boynton Proposed Resolution No. R03-194 Re: Revision Rescue Advanced Life Support ambulance transport fees of Fire Mayor Taylor requested that item C.2 be pulled from the Consent agenda. Proposed Resolution No. R03-195 Re: Two Agreements for Water Service Outside the City Limits with William and 3ennie Herzer for the properties located at 1028 and 1220 Highview Road, Lantana (Lots 158 and 184 respectively, Ridge Grove Addition No. 1) .. Proposed Resolution No. R03-196 Re: Contract with Kimley- Horn and Associates, Tnc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area at a base cost of $56,000 with optional elements amounting to an additional $48,000 (all costs are to be paid by the City of Boynton Beach Community Redevelopment Agency) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: City Library (MSPM 03-011), 208 South Seacrest Boulevard - Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district City Library (HTEX 03-007), 208 South Seacrest Boulevard - Request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45-foot height limit by approximately 9 feet Release of a cash bond of $3,300 to B & M Construction Company, Inc. for the project known as Mobil on the Run 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp December 16, 2003 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by the Public Works Department and allow for the sale of same Approve the $255,796.20 performance bond for restoration purposes for the Renaissance Commons site south of Gateway Boulevard on the east side of Congress Avenue, subject to approvals by the City Attorney and the Finance Department Approve renaming "Beta Drive" within the quantum Park PTD to "The Watershed Way" MQtiQn Vice Mayor Ferguson moved to approve the Consent agenda as amended. seconded by Commissioner McCray and carried unanimously. Motion was B,1, Approve the purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95 for the Police Department (90% of funding provided by the Federal Local Law Enforcement Block Grant) Commissioner McCray said that he had met with the Police Chief and learned that the City of Boynton Beach was not the only city to use these tasers. Commissioner McCray had requested a copy of the Police Forfeiture Fund, which he has received. He is completely in favor of this. Motion Vice Mayor Ferguson moved to approve item B.1. that carried unanimously. Commissioner McCray seconded the motion C.2. Proposed Resolution No. R03-194 Re: Revision of Fire Rescue Advanced Life Support ambulance transport fees Commissioner Ensler said that he had a discussion with Fire Chief Bingham and he is now satisfied with the fee. MotiQn Commissioner Ensler moved to approve item C.2. that carried unanimously. Commissioner McCray seconded the motion VII. CODE COMPLZANCE & LEGAL SEI'rLEMENTS: A. None VTTZ. PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS Project: Agent: Owner: Boynton Delray Academy (COUS 03-008) (TO BE TABLED BY COMMZSSTON) Marty Madura Keith D. Kern Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprid~ December 16, 2003 Location: Description: Northwest corner of Martin Luther King, .lt. Boulevard and Railroad Avenue Request Conditional Use approval for a primary/secondary Charter School Motion Vice Mayor Ferguson moved to table item A. Commissioner McCray seconded the motion with a comment that it was tabled by the CRA and is going back to the CRA. The motion carried unanimously. Project: Agent: Owner: Location: Description: Boynton Delray Academy (ABAN 03-012) Marty Madura Keith D. Kern West of Railroad Avenue between NE 11th Avenue and NE 10m Avenue Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels Motion Commissioner McCray moved to approve. carried unanimously. Vice Mayor Ferguson seconded the motion that ZX. cTrY MANAGER'S REPORT: Ratify the Education Advisory Board's resolution concerning the opposition of the use of FCAT scores and present this resolution to the School District of Palm Beach County City Manager Bressner thanked the Education Advisory Board for the Principal For A Day Program that was conducted last month. There was a lot of involvement with the business community and the schools. Beverly Agee, Chair of the Education Advisory Board, thanked the Commission for the appointments to this Board. The Board members are parents, teachers and community representatives. This mixture allows the Board to work together and study educational issues in the City. Ms. Agee introduced members of the Board in attendance. They are Phyllis Pacilli, Lillian Artis, Joan Pleasants and Dennis Osborne. Ms. Agee explained that the FCAT came to the attention of the Board through members who are parents. .loan Pleasants thanked the Commission for the opportunity to serve on the Board and said she takes her responsibility very seriously. She has a fourth grade daughter, who was a third grader last year. She explained that third grade is a very high stakes year for students. Those who do not score above a level one on the FCAT reading portion are retained in third grade. 8 Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, Fl~ridi~ December 16, 2003 Based on one exam taken at the beginning of the year, her daughter, who is an excellent student, was identified as being at high risk for not passing the FCAT. She saw her daughter going from a very confident, hard-working student to someone feeling discouraged and fearful if she did not pass the FCAT. She did pass the exam. Ms. Pleasants saw many other families going through the same thing. Others share her concern regarding the pressure put on the students. She thought it was important to assess students but felt that this is undue pressure on students to pass this one exam. Field trips and recess are curtailed because of this test. The curriculum is now all geared towards this one test. A lot of funding is going into tutoring and focusing on this test. Schools that do not have money for this are at a disadvantage. She explained that the Board's request is to encourage the School District to look into alternative possibilities for assessment. Phyllis Pacilli, 643 Riviera Drive and a teacher at Congress Middle School, thanked the Commission for her appointment and said it was an honor and pleasure to serve. She explained that Ms. Pleasants' concerns were resonated among the faculty, parents and community members. The pressure of this one test is unfair. The annual progress of students should be based on the entire year and not one day. Ms. Pacilli said that as a 15-year educator, she has seen students become physically ill from taking the test. She is not opposed to testing and assessment but not this undue pressure. A Fact Sheet was distributed to the Commission. A copy is on file in the Office of the City Clerk. Ms. Agee pointed out that there are alternatives to the FCAT for a Charter District. City Manager Bressner explained that the Education Advisory Board was requesting that the Commission ratify the actions of the EAB and authorize the Mayor to prepare a letter to transmit a copy of the Resolution to the School Board. Mctipn Vice Mayor Ferguson moved to approve. carried unanimously. Commissioner McKoy seconded the motion that Ratify the Education Advisory Board's resolution concerning Galaxy Elementary School being added to the School District's Modernization List and present this resolution to the School District of Palm Beach County City Manager Bressner explained that the second item from the Education Advisory Board is to consider endorsing the actions taken to date by the EAB on behalf of the modernization needs for Galaxy Elementary School. The City, through the Mayor's Office, did communicate some specific concerns to the School Board in a letter dated November 12, 2003. Lillian Artis, 306 NW 1't Avenue, said that Galaxy Elementary School was formerly Boynton Beach Junior High School and has been in existence since 1958. She knows that the Commission is aware that there was a mistake made in the age of the school. She introduced Mr. Sims, principal of Galaxy Elementary School. 9 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Fl~ri~Jp December 16, 2003 Warren Sims, 209 SW 3rd Avenue, Principal of Galaxy Elementary School, expressed his appreciation to the City Manager, the Commission, Sarah .lane Williams with the Community Forum, Virginia Farace and the FAB for supporting efforts to request that the School Board reconsider its ranking schedule as it relates to the modernization of Galaxy Elementary School. They continue to plead to the City to intensify its efforts to ensure that all children in Boynton Beach receive modern resources, equipment and facilities. For the past several years, Galaxy has experienced flooding, leaking roofs, mold, mildew, security issues and wear and tear issues. The School Board has corrected some deficiencies. However, a modernized facility would be a better solution. He appreciated the City's efforts. Mayor Taylor said that he did write a letter to the Superintendent of Schools. The goal has not been reached yet. He explained that he will be meeting with the Chair of the School Board and will pursue this. Mayor Taylor encouraged residents to call the Superintendent and School Board members and let them know how important this is. Commissioner McCray expressed to the community that this is a community school and affects all the citizens. Mr. Sims explained that the School District did officially admit that they made mistake in noting the opening date of the school as 1970 instead of 1958. There is dialogue to look at the school again but it is only dialogue. Motion Commissioner McCray moved to send the Resolution to the School Board. Commissioner McKoy seconded the motion that carried unanimously. C. Recognition of City employees regarding Cemetery incident City Manager Bressner handed out kudos to City staff regarding an incident at the City Cemetery several weeks ago. He specifically wanted to thank the following employees who were involved in an extremely difficult and sensitive matter: Mark Aniki, Nancy Collett, Chuck Magazine, Christine Roberts, Glenda Hall, Wayne Segal, Jeff Livergood and James Cherof. Together, they developed an action plan to resolve a potential public health issue in a manner that was respectful to family needs and religious customs. Mayor Taylor, on behalf of the entire Commission, also gave kudos to City staff and the City Manager. X. FUTURE AGENDA TI'EMS: Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Strategic Planning Session (January 2004) 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flgrida December 16, 2003 Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (Nay 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XT. NEW BUSTNESS: None XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-062 Re: Amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type City Attorney Cherof read Proposed Ordinance No, 03-062 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 03-062. Commissioner McCray seconded the motion. Michael Weiner, representing Krispy Kreme, spoke regarding his client's upcoming hearing on December 18th regarding a proposed sign. His clients believe they submitted their sign application early enough, in October, to avoid Zoning In Progress. He suggested that an effective date be established in the ordinance and apply the ordinance to all applications received after today's date. Commissioner Ensler asked for staff's thoughts on having this ordinance take effect today rather than being retroactive. Nike Rumpf, Planning & Zoning Director, said that this is the only application that has been caught up in the timing with the Sign Code change. He looked to Legal to advise. City Attorney Cherof explained that the proposed ordinance is not retroactive. Tf approved, it would become effective immediately after adoption. It has no application to any sign permit applications filed prior to its effective date. Therefore, Mr. Weiner's concerns are without basis. Vote City Clerk Prainito called the roll and the motion to approve passed unanimously. 11 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida December 16, 2003 2. Proposed Ordinance No. 03-063 Re: selection of the Vice Mayor Procedure for the City Attorney Cherof read Proposed Ordinance No. 03-063 by title only. MQtign Commissioner McCray moved to approve Proposed Ordinance No. 03-063, Vice Mayor Ferguson seconded the motion. There was no one in the audience who wished to address this item. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-064 Re: Amending Article TTT, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, revising Section 18-170 to provide for optional forms of benefits and amending Section 18-174 to provide for a cost of living adjustment City Attorney Cherof read Proposed Ordinance No. 03-064 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-064. Commissioner McKoy seconded the motion. There was no one in the audience who wished to address this item, City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-065 Re: Amending Article TTT, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits City Attorney Cherof read Proposed Ordinance No. 03-065 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 03-065. Commissioner McCray seconded the motion, There was no one in the audience who wished to address this item. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~ Reading Proposed Ordinance No. 03-066 Re: Abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision (Mangrove Walk Alley) City Attorney Cherof read Proposed Ordinance No, 03-066 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 03-066. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 12 Meeting Minutes Regular City Commission Meeting Bovnton Bepch, FIQriqJa Dec;ember 16, 200~ 2. Proposed Ordinance No. 03-067 Re: Designation of an oMcial Municipal Seal City Attorney Cherof read Proposed Ordinance No. 03-067 by title only. He pointed out that there were two options for the official seal. Option 1 is the City logo seal and option 2 is the official corporate seal. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-067 with option 1. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: 1. Set date for closed-door session to discuss three court cases City Attorney Cherof explained that he was required to request a meeting publicly when he needed to meet with the Commission behind closed doors to discuss pending litigation. There are three cases to be discussed - City of Boynton Beach vs. Barcelona Pre-cast, :[nc., Vincent Molle & Alene Molle vs. City of Boynton Beach and FDOT and Boynton Beach Alliance and Desiderio Corporation vs. City of Boynton Beach. He estimated that he would need approximately one-half hour to discuss and obtain direction from the Commission on each of those cases. After discussion, it was the consensus of the Commission to meet regarding these cases immediately following the 3anuary 6, 20~ Commission meeting. XIII. UNFINISHED BUSINESS: A. City Commission review of appointment of Chairs of quasi-judicial boards Commissioner McCray said that currently most of the quasi-judicial boards select their own chairs. He asked when this was done. City Manager Bressner explained that the Planning & Development Board, for example, has historically either changed or reaffirmed the appointment of its chair in the first part of April following the March appointments. The other boards follow that custom. The City Commission, per the City Code, appoints the Chair and Vice Chair of the CRA. There is no specified term in the Code concerning the terms of the chair. The other quasi-judicial boards currently select their own Chairs and Vice Chairs. Tn order for that to change, the specific language in each of the code sections for each of these quasi-judicial boards, except for 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ridp Deceml~er :t6, 200~ the Code Compliance Board that is governed by Florida State Statue, would need to be changed. Commissioner McCray said that he was not getting any complaints from any boards regarding the chairs and vice chairs except the CRA. He felt that it needed to be done on a rotating basis. There also needs to be a stipulation on the number of absences. Tf the Commission is going to do something for each board, he would like to see something in writing by the City Attorney. Commissioner McCray suggested that this be tabled until the Commission receives some guidance from the City Attorney. Vice Mayor Ferguson thought that perhaps the new appointments should be made in December rather than April since the elections are now in November. He also felt that since the Commissioners' terms are three years, this would have some relevance to the terms of offices for the board chairs. Commissioner Ensler preferred a one-year term for all of the boards so that the Commission has an opportunity to review the performance of the chair at the end of the year. He thought it might be worthwhile to limit the terms of board chairs in order to give new people an opportunity. He liked the rotation idea. He felt that December might be too early to appoint new chairs as the Commissioners are still getting their feet wet. He suggested January. Commissioner McKoy would like more input from the Legal Department. Commissioner McCray thought the appointments should stay in April. Mayor Taylor said that the CRA is the only board that the Commission currently appoints the chair. The Commission could change the Chair at any time. He questioned whether the Commission wanted to get involved with the other boards. Mayor Taylor asked if there were any absence standards for the CRA. City Attorney Cherof said that the State Statute does not address absences for the CRA. The Commission could establish these guidelines. Mayor Taylor would like to see something put in place regarding absences. Commissioner Ensler agreed to leave the appointments in April. He also was in agreement that something was needed regarding absences. He did prefer, though, to have a fixed period for the chairs. There was consensus of the Commission to table this item until information was received from the City Attorney. Commissioner McCray requested that criteria be established regarding how many meetings CRA members could miss. He also would like chair names to be submitted by CRA members to the City Commission. 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida December 16, 200~ Commissioners Ensler preferred a consistent pattern for all quasi-judicial boards regarding how chairs and vice chairs are appointed. Commissioner McKoy agreed with this. City Attorney Cherof said that he would provide an overview of all of them, with general provisions applicable to all boards and specific subsections to deal with each board. Herb Suss suggested that citizens be allowed to serve on two boards. He requested that the Commission take this under advisement. Commissioner Ensler thought that this could be added as an item for discussion in the future. Bill Cwynar, 2701 SW 8~ Street, is currently the Vice Chair of the Planning & Development Board. As difficult as it is to get people to volunteer on boards, he felt that quasi-judicial board members should be required to have some background or knowledge so that they could interpret plans and documents. X:[V. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 8:04 p.m. ATTEST: Deputy City Clerk (12118/03) CITY OF BOYNTON BEACH v Com~'i-~'~er--~ 15 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · APPLICANT'S AGENT: City Of Boynton Beach Library Ms. Choli Lighffoot- Schenkel Schultz Architecture APPLICANT'S ADDRESS: 1300 North Congress Avenue West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification to construct a two (2)-story 35,166 square foot addition to the existing library for a total of 62,864 square feet. LOCATION OF PROPERTY: 208 South Seacrest Boulevard 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 Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,.,,"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,,,/'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /.~ - Iq - fJ.3 S:~Planning\SHARED\WP~PROJECTS\City Library~MSPl~ 1 in. = 200.0 feet AVE SE 4TH AVE SE 4TH~AV~ Location Map City of Boynton Beach Library EXHIBIT "A" EXHIBIT "B" ""' '"" . EXHIBIT "B" I I 'I L ~r ii tlllll I] I . I I - I BOUNDARY SURVEY FOR THE CITY OF BOYNTON BEACH AC)AIR ~ BRAI3Y, INI3. -.- EXHIBIT "B" BOUNDARY SURVEY FOR THE CITY OF BOYNTON BEACH ADAIR ~ BRADY. INC. '"'- EXHIBIT "B" CITY OF BOYNTON BEACH AD~II=I ~ ~qADY, IN~ EXHIBIT "B" EXHIBIT "B" EXH IBIT "B" I , '.111 !' ', I /I , , _ ...... ; · ....--- },~ ~ ,'"1 i~...'-q - ~ 1 I,~ ~ ~ ~ ill '~'~ ~ ~,~ . ,: ,ill - ! ,,,, ,: , ~ i ' o ~ I I I * : ~[I EXHIBIT "B" I I I ,, ...... .,,,l,, ~-~-.'-'.,',,,,-., ~ ~ ~,,.: ,,.,,....,, ..,,.., ,,,., ~: :' , ," '""' J ,.. 1 ,. ... ..... "" ' '. , ......, '"" ,,,, ,,,, ¢' il' 'il" !' ' "' ,l' ' """" ~ ! ~ ~ ~ ~ ~" ~ ~ ~ ~ ~i, ,~[ , ,.,-_ ,, ,,.. ,,,, ,, ... ,, ,, ,,, ,, ...,, .~ ,· ~ - EXI--IIR!T ia~ EXHIBIT "B" EXHIBIT "B" Il'Iii ilfll EXHIBIT "B" EXHIBIT "B" 4 EXHIBIT "B" EXHIBIT "B" 'ti i~'rCl,i i EXHIBIT "B" ' "'"' ~ ' ..,~ I t[tli ;[ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~",1 t , ,IJlJJl, i ~,it,1tI l,~l,!,~',,~I !1- EXHIBIT "1~" EXHIBIT "B" il EXHIBIT "C" Conditions of Approval Project name: City Library File number: MSPM 03-011 Reference: 2aa review plans identified as a Major Site Plan Modification with an November 13, 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 Engineering. 2. The fire lane signage and markings shall conform to LDR Chapter 23, Article X II, Sections B. & M. The 3-foot high "Fire Lane" words shall be placed along both lanes and staggered. Please note this requirement is applicable to buildings with a gross area greater than 15,000 SF. 3. Parking lot driveways shall be a minimum width of 25 feet (LDR, Chapter 23, X Article II, Section H. 1). Adjust all new driveway widths to meet this criteria. 4. Parking lot driveways shall be placed a minimum of 120 feet from the X intersection of right-of-way lines along arterial roadways. Staff will consider allowing the proposed placement of the major driveway onto Seacrest Boulevard if it is shown as "right-in, right-out" only. As proposed, its location would require approval of a variance for being proposed less than 120 feet away from the intersection of the right-of-way lines. 5. Provide an area for bicycle parkin~ and provide bicycle racks. X ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. 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. 8. Show zoning and land use on site characteristics map (Survey) (LDR, X Chapter 4, Section 7.A.) COA 12/05/03 2 DEPARTMENTS INCLUDE REJECT 9. Show all existing utilities on site development plan (LDR, Chapter 4, Section X 7.A.3). Please note it is your responsibility to locate utilities during the design, not the contractor's. 10. Show proposed site lighting on the Site and Landscape plans (Chapter 4, X Section 7.B.4.). 11. Full drainage plans in accordance with the LDR, Chapter 6, Article W, X Section 5 will be required at the time of permitting. 12. Indicate by note that catch basin and manhole covers shall be bicycle proof X (LDR, Chapter 6, Article IV, Section 5.A.2.g). 13. Provide additional elevations for existing features adjacent to the west side of X the Civic Center. 14. Indicate overflow point for system/site for drainage. X 15. 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. 16. Paving, drainage and site 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 the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 17. All utility easements shall be shown on the site plan and landscaping X drawings (as well as the Water and Sewer Plan Sheet) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. X 18. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). COA 12/05/03 3 DEPARTMENTS INCLUDE REJECT 19. Provide fire flow calculations demonstrating the City Code requirement of X 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 (CODE, Section 26-16(b)). This information will be used to determine if the proposed size of 6 in. main is adequate for fire protection. 20. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X 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. 21. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 22. 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 CODE Sec. 26-33(a). 23. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy 24. A building permit for this project shall not be issued until this Department has X approved the plans for the wat~ and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 25. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engine~n-ing Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 26. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requ/rements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. COA 12/05/03 4 DEPARTMENTS INCLUDE REJECT 27. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 28. Provide scale for drawing C2. X 29. State whether the hydrant shown on drawing C2 is existing or proposed. X 30. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 31. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout the all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly; and all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X BUILDING DIVISION Comments: 32. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 33. General area modifications to buildings shall be in accordance with 2001 X FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 34. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. 35. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. COA 12/05/03 5 DEPARTMENTS INCLUDE REJECT 36. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 37. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the 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: 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. 38. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 39. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 40. Provide dimensions of the accessible toilet rooms and toilet stalls on the floor X plan. The size of the accessible toilet rooms and accessible stalls shall comply with 2001 FBC, Section 11-4.17.3 and 114.16. 41. Exterior walls of enclosed stairways shall comply with the requirements of X 2001 FBC, Table 600 for exterior walls and 2001 FBC, Section 1006.1.3.2. 42. Approved fire windows, doors, shutters, etc. shall comply with NFPA 80, X NFPA 252, and NFPA 257 per 2001 FBC, Section 705.1.3. PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 43. Approval of this project is contingent upon the approval of the accompanying X request for the height exception (HTEX 03-007). Please reference this height exception application in the site plan (sheet A001) tabular data. COA 12/05/03 6 DEPARTMENTS INCLUDE REJECT 44. The topographical surveys shows that two (2) condominium buildings are X within the subject property's boundary lines. At the time of permitting, resubmit a survey that shows all corrected and verified property boundaries. A note on the current Sawyer's Addition to the Town of Boynton Beach plat indicates that Southeast 1st Avenue (Jessamine Street) was abandoned per O.R.B. 4127, page 1639. This should be shown on the site plan (sheet A002). 45. The parking summary in the site plan tabular data (sheet A002) should be X corrected to indicate that 118 parking spaces, not 117 spaces would be required for the library expansion. Also, the entire project's total required parking spaces should indicate 378 spaces, rather than 377 spaces. 46. The Community Redevelopment Agency Board and City Commission must X approve the shared parking analysis. 47. The Palm Beach County Traffic Division must approve a traffic impact X statement prior to the issuance of a building permit (Chapter 4. Section 8.F.). 48. On the landscape plan, indicate the quantities of each proposed plant species. X On the landscape plan plant list, ensure that the plant quantities match between the tabular data and the graphic illustration. 49. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 50. Prior to the issuance of a building permit, staff would ensure that the X proposed plant material would effectively screen / buffer the vehicular use areas and thereby meet the intent of Chapter 7.5, Article II, Section 5.D. of the Land Development Regulations. This screening should also embrace the concepts of Crime Prevention through Environmental Design. The City Forester / Environmentalist will oversee this process. 51. One (1) tree is required for every 30 linear feet along Seacreast Boulevard X and Ocean Avenue (Chapter 7.5, Article II, Section 5.D.). At the time of permitting, staff will ensure that this requirement has been met. 52. The west elevations (sheet A005) should show the proposed "chiller" area. X 53. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan (sheet L101), COA 12/10/03 7 DEPARTMENTS INCLUDE REJECT provide the overall percentage of native plan material by the following categories: canopy trees, palm trees, shrubs, and groundcover to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material. 54. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 55. The elevation drawings indicate the proposed colors but not the location of X each color (on the building). Please update the elevations prior to the issuance of a buildin~ permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 56. Staff and applicant review plans for ability for added parking spaces along X entrance drive. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 57. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROJECTS\City kibrary\MSPM 03-01 l\COA.doc · SHARED PARKING ANALYSIS EXHIBIT "D" The parking inventory and the preliminary parking analysis for the library expansion submitted to P&Z for the subject site plan was based on the premise that the four uses, the library, the Civic Center, the Art Center and the Madsen Center, have been and will continue sharing total parking resources. Both the proximity of the parking lots for the said uses and the established practice support this premise. However, it is clear that if the standard use-based parking ratios are applied, a significant deficiency results both in terms of current and proposed number of spaces. The total requirement (defined as above) calls for 378 total parking spaces: the current inventory shows 262 existing spaces which would be reduced to 253 spaces by the proposed expansion. Alternatively, the Code allows for the calculation of the parking requirements for two or more uses based on sharing of parking resources, if justified by the analysis of the actual parking demand patterns exhibited by each use (chapter 2, Sec. 11H13). Such analysis is based, on the Urban Land Institute shared parking model; it must show that the joint parking allocation is feasible and acceptable given the different days and/or hours of the peak parking demand for different uses. Ultimately, the decision regarding approval of shared parking rests with the City Commission. Staff has performed the shared parking analysis, using the parking demand surveys submitted for the uses. The accumulated peak day/peak hour parking utilization was determined to be 202 spaces. Since the Code mandates a minimum buffer of 10%, the requirement would be 223 spaces. The number of proposed spaces is 253, providing an additional buffer of 30 spaces. The total surplus of 51 spaces (30 spaces and a 10% buffer) may, to some extent, accommodate the following: · the seasonal variation (which is uncertain), spillovers fi.om thc city's parking lots located north of the study area (the analysis was performed without accounting for the utilization patterns of these lots), · special events, and · the planned expansion of the Art Center (additional 6,002 sq ft). The expansion of the Art Center will hkely necessitate construction of additional parking on the lot located east of the Civic Center. G:kLibrary parking~Library parking memo.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City Of Boynton Beach Library APPLICANT'S AGENT: Choli Lightfoot - SchenkelShultz APPLICANT'S ADDRESS: 1300 N. Congress Avenue, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request for a height exception to allow the atrium tower feature of the library to exceed the allowable 45-foot height limit by approximately nine (9) feet. LOCATION OF PROPERTY: 208 S. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,,,""'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's. application for relief is hereby -,'/'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Dlanning\SHARED\WP~J:)ROJECTS\City Library\HTEX 1 in. = 200.0 feet SE 4TH A~fE SE Location Map City of Boynton Beach Library EXHIBIT "A" EXHIBIT "B" 'ii '1! EXHIBIT "B" ! iI I I ii I!! EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: City Library Expansion File number: HTEX 03-007 Reference: Height Exception Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ s:Lplanning~Planning Templates\Condition of Approval/City Library Expansion HTEX 03-007.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc -~Exhibit - City Commission Mtg. Minutes - 12/16/03 12/16/03 - Commission Meeting When the residents of Bamboo Lane and Virginia Gardens agreed to the re-zoning of the Dakota Lofts project from single family to multi- family, it was only if certain conditions were met. To date none have been met. It is my opinion that the City has acted irresponsibly and in a detrimental manner to us residents due to the following: 10. 11. 12. City water has not been brought to the residents. The remaining well line is exposed and runs along Bamboo Lane. 815 Bamboo Lane already had city water and sewer, which was supposed to be moved since it is on the Dakota property. That sewer and water has been temporarily rerouted and is currently exposed. Michael Rumpf from the Dept of Development required the developer to provide formal agreements regarding the current and proposed water service. There is none to date. The Conditions of Approval revised on 1/3/02 stated the existing well on the Dakota Lofts property is considered a community well. It currently serves the dwelling at 821 Bamboo Lane. It will be a requirement of Dakota Lofts to either connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water to install a new well to serve the residential dwelling. To date, 821 Bamboo Lane has a destroyed well and is currently hooked into the sprinkler system for the Dakota Lofts. This is unacceptable and has been going on for almost two years. Underground utility work was allowed by the City to be started without a bond to guarantee completion. We now have two huge open pipes in the seawall with dirt flowing out into the canal along with the huge amounts of topsoil that have fallen into the canal. The site is a tremendous eyesore due to the interrupted underground construction. The Lift station on Virginia Gardens is not completed. The landscaping along Virginia Gardens and Century Village has been torn out. Virignia Gardens road is torn up and needs repaving. The fencing that is left, is falling down and in disrepair. Numerous piles of construction material have been abandoned on the property. Open pits are throughout the property. For over two years, we have requested the City resolve the problems caused by the developers. Time and again, my neighbors and ! have documented our case with no satisfaction. At the last Commission meeting we were assured the City would meet with all of us. To date no meeting has been scheduled and the City I~lanager's office, until today, was unaware of any such meeting. We request you repair and rectify the property in accordance with code, cap the seawall pipes, sod the land and restore the canal by dredging. All restoration costs should be held as a lien against the property. - 12/16/03 What is the FCAT? The Florida Comprehensive Assessment Test (FCAT) is the foundatic n .,f the statewide educational assessment and accountability program. The FCAT program includes assessments i'~ t!m following areas: · Writing for students in grades 4, 8, and 10 · Reading and mathematics for students in grades 3 through 10 · Science for students in grades 5, 8, and 10 What is the purpose of the FC/~T? The purpose of the statewide assessments is to gather informatior ol two kinds: · Parents, students, and teachers need FCAT data to provide ir fl~,mation about student mastery of skills. · The public needs FCAT data to understand the "educatiorlal H~alth" of students and to hold schools and districts accountable for progress. What is measured by the FC/IT? The FCAT measures student ](nowledge and understanding of readi nil, 'writing, science, and mathematics content as described in the Sunshine State Standards. There is a direct com'~.~::tion between the Sunshine State Standards and the questions on the FCAT. What are the Sunshine State Standards?. The Standards are skills and competencies that Florida students sh(~u Icl t)e able to learn from an early age, as defined by practicing classroom teachers, educational specialists, busines,,; p~ ople, and concerned citizens from Florida. When do students take the FC/IT? · FCAT writing in February. · FCAT reading, mathematics, and science in March. Ask a teacher, principal, or guidance counselor for the exact testin!':l How can students prepare for the FCAT? Teachers should prepare students for success on the FCAT by t,!;~c~ ng the important content in the Sunshine State Standards. Students may also benefit from the free, e~s~'-t.o-use teaching resource, FCAT Explorer (www. fcatexplorer, com), offered via the Intemet by the Florida Dep ~tment of Education or review of the FCAT Sample Test booklets at http://www, firn.edu/doe/sas/fcat, htm. For more information a bo ut FCAT, contact: FCAT The Florida Comprehensive Assessment Test In the mid-1990's, a group of Florida teachers got together and created a set of academic standards for Florida's public schools. In other words, they asked themselves, "VVhat do we think our students need to learn in school, before they move on? What do we want them to know about math? About science? What kind of reading and writing skills should they have?" In answering these questions, the group of teachers created a list of what Florida's students need to know, which became known as the Sunshine State Standards (SSS). The Florida Comprehensive Assessment 'l'est (FCAT) is a test to determine whether students are learning the Sunshine State Standards. The questions on the test are written for each grade level to determine whether students mastered the Sunshine State Standards in reading, math, writing, and now science. Students in grades 310 take the FCAT each spring. Third-graders are tested in reading and mathematics. Their scores fall into one of five levels: Level 5 is the highest; Level 1 is the lowest. Students in grades 4, 8, and 10 take the FCAT Writing Test. The FCAT Science Test is given to students in grades 5, 8, and 10. Beginning this year, third graders who score Level I in reading on the FCAT must repeat the third grade, unless there is other evidence that proves these students can read on grade level. Students who are retained must be given intensive instruction in reading to help them catch up. The purpose of the FCAT is to make sure that students are learning the basic skills they are supposed to be learning in school. These basic skills are called the Sunshine State Standards, and were created by teachers in the mid-1990's. FCAT scores fall into one of five levels: Level 5 is the highest; Level 1 is the lowest. Students who receive a Level 1 on the third grade reading portion of the FCAT must improve their reading skills before they can move on to fourth grade. What does Level I mean? A score of Level 1 on the FCAT means that the student has shown little success in meeting the basic skills they are supposed to know at their grade level. That means that third graders who score Level 1 may not be able to recognize or sound-out new words or know the meaning of them. They would also have trouble answering questions that identify a story's main idea, main characters, and the correct order of story events. Chances are that these students can't correctly use information from charts, graphs, or maps to answer specific questions. Florida Comprehensive Assessment Test The Florida Comprehensive Assessment Test (FCAT) is part of Florida's effort to improve the teaching and learning of higher educational standards. The pdmary purpose of the FCAT is to assess student achievement of the high-order cognitive skills represented in the Sunshine State Standards (SSS) in Reading, Wdting, Mathematics, and Science. The SSS portion of FCAT is a criterion-referenced test. A secondary purpose is to compare the performance of Florida students to the Reading and Mathematics performance of students across the nation using a norm-referenced test (NRT). All students in Grades 3-10 take the FCAT Reading and Mathematics in the spring of each year. All students in Grades 4, 8, and 10 take FCAT Wdting and FCAT Science is administered to all students in Grades 5, 8, and 10. FCAT Reading SSS - Reports of results to students, schools, and school districts include several types of scores. Mean scores are reported on a scale of 100-500. In addition, FCAT Reading SSS scores are reported in terms of five achievement levels (1-1ow to 5-high). The score reports distributed to schools also contain the number of points a student earned. Beginning in 2001, FCAT Reading SSS content scores were reported for four areas: 1) Words and Phrases in Context; 2) Main Ideas, Plot, and Purpose; 3)Comparfsons and Cause/Effect; and 4) Reference and Research. In 1998, 1999, and 2000, FCAT Reading SSS content scores were reported for the type of passage read (literary or informational). Two types of questions are included on the SSS part of FCAT Reading; multiple-choice questions and performance tasks (Grades 4, 8, and 10 only). Multiple-choice questions are machine scored. Each answer to a performance task is scored holistically by at least two trained readers. FCAT Mathematics SSS - Reports of results to students, schools, and school districts include several types of scores. Mean scores are reported on a scale of 100-500. In addition, FCAT Mathematics SSS scores are reported in terms of five achievement levels (1-1ow to 5- high). The score reports distributed to schools also contain the number of points a student eamed in different content categories. FCAT Mathematics SSS content scores are reported for five areas: 1)Number Sense and Operations; 2)Measurement; 3)Geometry and Spatial Sense; 4)Algebraic Thinking; 5)Data Analysis and Probability. Three types of questions are included on the SSS part of FCAT Mathematics: multiple- choice questions, gddded-response questions (Grades 5-10 only), and performance tasks (Grades 5, 8, and 10 only). Multiple-choice and gddded-response questions are machine scored. Each answer to a performance task is scored holistically by at least two trained readers. FCAT Science SSS - Reports of results to students, schools, and school districts include several types of scores. Standards setting meetings will be held in the future to establish achievement level cut scores. The score reports distributed .to schools also contain the number of points a student eamed in different content categories. FCAT Science content scores are reported for four areas: 1)Physical and Chemical Sciences; 2)Earth and Space Sciences; 3)Life and Environmental Sciences; and 4)Scientific Thinking. The student report also contains a comparison to other Florida students by indicating into which third of the statewide performance the studen['s scores fell. Three types of questions are included on FCAT Science: multiple-choice questions, gridded- response questions (Grades 8 and 10 only), and performance tasks. Multiple-choice and gddded-response questions are machine scored. Each answer to a performance task is scored holistically by at least two trained readers. FCAT Writing - Students in Grades 4, 8, and 10 wdte an essay for an assigned topic (prompt). This type of wdting assessment is called "demand writing." Students in Grade 4 write either an expository or narrative essay. Students in Grades 8 and 10 wdte either an expository or persuasive essay. Each student essay is scored holistically by at least two trained readers. The highest score a student can receive is 6 points. FCAT Reading and Mathematics NRT - All students in Grades 3-10 take the Norm- Referenced Test (NRT) section of the FCAT and receive scale scores that range from 424- 863 across all grades. In addition, National Percentile Ranks (NPR), Stanines, and content subscores are reported. 8 m I