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Minutes 10-18-05 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 18, 2005 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Mayor Taylor called the meeting to order at 6:30 p.m. and gave the Invocation. Commissioner Ensler led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections. 2. Adoption. Motion Vice Mayor McCray moved to approve the agenda. Commissioner Ferguson seconded the motion. Motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None. B. Community and Special Events: 1. Oceanfront Concert Series featuring Island Heat on Friday, October 21, 2005 from 6-9 P.M. Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 2. Pirates of the Intracoastal, an interactive fantasy event on Saturday, October 22nd from 10 a.m. - 8 p.m. and Sunday, October 23rd from 10 a.m. - 5 p.m. at Intracoastal Park, 2240 N. Federal Hwy. Admissions are Adult $6,65 and over $5, Ages 2-10 $2, under 2 free. Wayne Segal, Public Affairs Director, announced, weather permitting, the Oceanfront Concert Series would be held Friday, at Oceanfront Park from 6-9 p.m. Island Heat, a reggae band, will be performing. A shuttle from the Bank of America will be available. Saturday, from 10-8 and Sunday, from 10-5 the Pirates of the Intracoastal will be held at the Intracoastal Park. Fireworks will be included at 7:45 on Saturday night. No parking at the park would be permitted, however, the CRA sponsored trolley service will be running from the Boynton Beach Mall, Bank of America at Ocean and Federal or the Civic Center. C. Presentations: 1. Proclamations: None. 2. Presentation by the Recognition Team of their vIsion, miSSion and objectives. Also recognize the 3rd quarter D.I.S.C. award winners Charles Hodis, Ray Altman and Heather Spillane for their accomplishments. Dan Hager, Manager, Golf Operations, explained the mission and vision of the Recognition Team. He noted a quarterly newsletter titled "Almost Famous" is a project of the Team to recognize employees who represent the City's core values. The D.I.S.C. winners are selected each month from a pool of nominations submitted by other employees. Mr. Hager related the core values of Diversity, Integrity, Stewardship and Creativity were established with the input of every City employee as an essential link between the daily activities and broad aims of public service. Ginny Shea, Manager, Recreation and Parks, introduced the July D.I.S.C. winner, Heather Spillane, Recreation Supervisor, who was chosen for demonstrating the City's core values of integrity, stewardship and creativity. She offered full day recreation programming for school age children of city employees at no cost, when school was out of session due to the 2004 hurricanes. Also, Ms. Spillane coordinated a cost savings deal on department cell phones and works on the Recreation and Parks team seeking national accreditation. Cathy McDeavitt, Assistant to the Director of ITS, introduced the August D.I.S.C. award winner as Lt. Ray Altman, Fire Rescue. Lt. Altman received the award for demonstrating stewardship and diversity through a project to refurbish a fire rescue vehicle into an impressive multimedia public education vehicle. He worked with students at the South Tech Training facility to complete the project. Mr. Hager indicated the September D.I.S.C. award winner, Chuck Hodis, resized a building that had been blown over during the hurricanes saving several thousand dollars even though it was not part of his job responsibilities. Mr. Hager further thanked the City Manager and his team for their support and encouragement in making the Recognition Team effective. 2 Minutes Regular Commission Meeting Boynton Beach, FL October lS, 2005 Mayor Taylor commented the City was fortunate to have employees who not only take the core values seriously, but also demonstrate them on a daily basis. Vice Mayor McCray asked if there was still an employee newsletter distributed. Mr. Bressner said the "Almost Famous" publication has been a successor to the newsletter. 3. Presentation by Lisa Bright, Interim Director of the Community Redevelopment Agency, on the current status of the Agency. Jeanne Heavilin, Chair of the Boynton Beach Community Redevelopment Agency (CRA), updated the Commission on the status of the CRA in light of the resignation of Doug Hutchinson. She reported Lisa Bright had been appointed the Interim Director. Together with the legal counsel, Ms. Bright would be exploring a consultant agreement with Mr. Hutchinson. Ms. Heavilin stressed the main priority remains the Heart of Boynton project. Also the land use and development regulations and design guidelines project is still being pursued. The Marina and mangrove purchases are among the priorities along with the adaptive use of the Old High School and Promenade projects. Vice Mayor McCray expressed his concern that the consultant agreement with Mr. Hutchinson should not be undertaken until after the workshop scheduled for October 24th. The Vice Mayor expressed his opinion that he was not in favor of allowing Mr. Hutchinson to represent the City of Boynton Beach. Commissioner Ferguson inquired if the auditor would be present at the meeting scheduled for October 24th. Ms. Heavilin responded the auditor would not be available until the next regular meeting of the CRA on November Sth. Vice Mayor McCray interjected the auditor's presence at the workshop had been a criteria when the audit report had been received. He felt the matter should be dealt with as soon as possible. Ms. Heavilin reiterated no one from the firm would be available for the meeting. She further clarified the audit was an audit of procedures. The annual audit will not be done until November. The CRA Controller would be addressing the issues raised in the audit procedures report at the November meeting and presenting his recommendations. Mayor Taylor outlined his interpretation of the procedure to be followed when an audit had been performed. He suggested Ms. Bright should be given an opportunity to review and answer the concerns with a presentation to the Board. The Board could then make a decision if Ms. Bright's recommendations were appropriate or make independent recommendations. He emphasized the CRA Board is independent from the City Commission. Vice Mayor McCray felt the CRA was created by the Commission and the Commission has a fiduciary responsibility to oversee the CRA activities. Mayor Taylor pointed out Mr. Hutchinson had initiated the audit and the Commission would retain the right to approve the Board's recommendations. Ms. Heavilin concurred the CRA did request the audit since it is very common to request an audit when there is change in a financial officer within an organization. Ms. Heavjlin agreed with Vice Mayor McCray that the audit had been done before Mr. Hutchinson resigned. 3 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Commissioner Ensler questioned the motivation for Mr. Hutchinson to resign his position. He commented the audit was a review of procedures for discussion purposes only. He felt the newspapers misled people on the issue involved. For example, he referred to the questions in the audit regarding Florida Statutes, interpretations by the State Attorney General and even the US Supreme Court, not the City of Boynton Beach procedures. Commissioner Ferguson interjected the travel reimbursement related to a rate of 29 cents a mile and the IRS raised their reimbursement to 48.5 cents a mile. He felt the complaint was ridiculous. Commissioner Ensler continued with his belief the situation was like an iceberg and the reasons Mr. Hutchinson left did not relate to current issues. He believed an incident that occurred a year and a half ago at the CRA greatly contributed to Mr. Hutchinson's decision. Commissioner Ensler referred to comments by Henderson Tillman in the minutes of a meeting held in January 2004 indicating the board had gone too far on the accusations relating to Mr. Hutchinson at that time. Commissioner Ensler suggested a standard of decorum be adopted for all the quasi- judicial boards of the City and a clear understanding of the appropriate use of the powers of each board. Commissioner McKoy asked Ms. Heavilin for any information she would be willing to share as to the reasons for Mr. Hutchinson's resignation. Ms. Heavilin indicated the entire Board had received a fax early Tuesday morning. She did have prior knowledge of his intention and had attempted to dissuade him from resigning. Ms. Heavilin could not second guess his reasons and suggested a more definitive answer should come from Mr. Hutchinson. Mayor Taylor shared his thoughts that Mr. Hutchinson and the CRA Board had done outstanding work on the $650M pending projects. Mayor Taylor described Mr. Hutchinson as a visionary who was extremely knowledgeable in the field of redevelopment. He acknowledged Mr. Hutchinson did have a slight deficiency in administrative areas and Ms. Lisa Bright brought those areas of expertise to the agency when she was hired. Mayor Taylor believed Mr. Hutchinson's talents should be kept on board. Ms. Heavilin remarked she was excited about keeping Mr. Hutchinson as a consultant under the direction of Lisa Bright and the current staff. She promised the CRA Board would not lose its momentum and the current projects will proceed. Mayor Taylor stressed the current controversy would in no way reflect on Ms. Bright and he wished her the very best in her endeavors and pledged the Commission's support of her efforts. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Herb Suss, Wood Fern Drive, agreed Mr. Hutchinson was a visionary and should not be allowed to leave the City. Ms. Suss felt it was unfair for one board member to harangue Mr. Hutchinson as had been ongoing. 4 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Bob Brown, 701 S. Seacrest, recalled the Commission and CRA had gone through an extensive process to pick the CRA Director, including several joint meetings. Applications were received from throughout the United States. He wondered if the same process would be used in selecting another CRA Director. Mr. Brown felt the new director should be chosen from outside the area to avoid the issue of conflicts of interest with a local candidate. Mayor Taylor explained the CRA Board hires the CRA Director and has currently appointed Ms. Bright as the Interim Director pending the appointment of a Director. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 IV McKoy Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 I Ensler Arts Commission Alt 1 yr term to 4/06(3) III Ferguson Cemetery Board Alt 1 yr term to 4/06(3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06(3) III Ferguson Code Compliance Board Alt 1 yr term to 4/06 I Ensler Education Advisory Board Alt 1 yr term to 4/06(3) Mayor Taylor and Commissioners Ensler, Ferguson and McKoy passed on the appointments, there being no applicants. Mayor Taylor mentioned it had been discussed combining the Advisory Board on Children and Youth and the Education Advisory Board. Input from both Boards would be sought before any final action would be taken. Mayor Taylor I Ensler Library Board Library Board Alt Alt 1 yr term to 4/06(3) 1 yr term to 4/06(3) Mayor Taylor passed on his appointment. Motion Commission Ensler nominated Jeannie Taylor as an Alternate Member to the Library Board. Commission Ferguson seconded the motion. Motion passed unanimously. III Ferguson Veterans Advisory Commission Alt 1 yr term to 4/06(3) Motion Commissioner Ferguson nominated Stuart Preston as an Alternate Member of the Veterans Advisory Commission. Commissioner Ensler seconded the motion. Motion passed unanimously. 5 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 IV McKoy Mayor Taylor Veterans Advisory Commission Veterans Advisory Commission Alt Alt 1 yr term to 4/06(3) 1 yr term to 4/06(3) III Ferguson Employees Pension Board Reg 3 yr term to 4/08 Mayor Taylor, Commissioners McKoy and Ferguson passed on the remaining appointments, there being no qualified applicants. VI. 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. 2. 3. Regular Commission Meeting - September 20, 2005 Agenda Preview Conference - September 30, 2005 Regular Commission Meeting - October 5, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the "ANNUAL BID FOR DUMPSTER REPAIRS", Bid # 071- 251O-05jJA, to Lamons Welding and Design of Boynton Beach, FL for an estimated annual expenditure of $60,000.00. 2. Approve a piggy-back of Miami-Dade contract #1072-2j04-2 with Wall Innovators of Tampa, FL to refurbish, repair, clean and re- install wall panels from the West Wing of City Hall that were damaged due to roof leaks from the hurricanes of 2004. Work includes re-facing approximately 160 ft. of cloth covered wall panels with vinyl, and reinstallation of approximately 460 ft. of 9 foot high wall for a total expenditure of $41,509.00. 3. Multi-award the "ANNUAL BID FOR HARDWARE SUPPUES" Bid #065-1412-05jOD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $50,000.00. 4. Award the "TWO-YEAR BID FOR THE PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #058-1412-05jJA, to various vendors on a "lot to lot" basis with an estimated two year expenditure of $25,000 plus an additional $30,000 per year for the new street sign program. 5. Approve a "sole source" purchase for four (4) new Siemens Master Drive VFD with WjRVAT bypass Model 6SE72 for 300 HP motors for the West Water Treatment Plant from Power and Controls 6 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Automation of Tampa, FL for a total expenditure of $283,916.00 to include installation. C. Resolutions 1. Proposed Resolution No. R05-174 RE: Ratifying a Memorandum of Understanding (MOU) between the City of Boynton Beach, Florida and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, Local 1227 (NCF&O) resolving several issues. 2. Proposed Resolution No. R05-175 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits and Covenant for Annexation between the City of Boynton Beach and Thomas W. Cornutt for the property at 7841 Loomis St., Lake Worth, FL (Tropical Terrace LT 135). D. Ratification of Planning and Development Board Action 1. Quantum Park Lot 3 (USAP 05-001) Request use approval for a school and educational services - Home Inspection Trade Training Center (weekends only). 2. Quantum Park Lots 15 & 16 (MSPM 05-009) Request for Major Site Plan Modification to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use. E. Ratification of CRA Action: None. F. Accept the written report to Commission of purchases over $10,000 for the month of September, 2005. G. Authorize the use of Community Investment Funds to Boynton Beach Faith Based CDC in the amount of $1,000 by Commissioner Ferguson for the CDC's Peacemakers Youth Program. H. Authorize the Police Department to contribute $600 to the American Red Cross for Hurricane Katrina relief efforts. The funds represent the proceeds from the Police Labor Day Challenge held in Delray Beach. 1. Ratify Commissioner McKoy as voting delegate and Vice Mayor McCray as alternate for the National League of Cities Annual Business Meeting on Saturday, December 10, 2005 at the Congress of Cities in Charlotte, NC. 7 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Motion Vice Mayor McCray moved to approve all items in the Consent Agenda. Commissioner McKoy seconded the motion. Motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these publiC hearings in its dual capacity as Local Planning Agency and City Commission DESCRIPTION: Learning Place II (COUS 04-006) Dave Beasley Scott and Cathy Freeland East side of Lawrence Road. approximately 1,100 feet north of Gateway Blvd. Request for Conditional Use and New Site Plan approval for construction of a 7,800 square foot Day Care Center and related site improvements on a 0.839 acre site, zoned Single-family Residential (R-l-AAB). A. PROJECT: AGENT: OWNER: LOCATION: Attorney Cherof swore all witnesses intending to testify and gave a brief explanation of the procedures. Mike Rumpf, Director of Planning and Zoning, gave a brief overview of the proposed application for a Day Care Center on Lawrence Road. The application had been approved as being consistent with the City's Land Development Regulations including the new regulations pertaining to non residential uses in residential zoning districts. The property is bordered on the north by a canal, residential development on the east, single family home on the south and Lawrence Road on the west with additional residential developments. Both an aerial map and site map were displayed. Mr. Rumpf indicated staff recommended approval of the project contingent upon the conditions of approval being approved. Dave Beasley, 2385 SW 18th Terrace, prepared the plans for the building and said the applicant was in agreement with all the conditions for approval. Vice Mayor McCray inquired if the agreement included the one year time frame to commence the project. Mr. Beasley agreed. Attorney Cherof pointed out comment 41 relates to the Planning and Development Board's modification of the buffer wall condition that staff added as 34. Staff's recommendation included buffer walls on the north, south and east. The Planning and Development Board reduces the condition to a buffer wall only on the south property line. Mr. Rumpf agreed it was a point of contention between the staff and board. Staff felt the buffer requirements and landscape barrier were exceptional on the north side to address a further issue of safety with children. The board felt the pure buffer requirement of the Code 8 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 did not necessitate a barrier wall on the north side. The east and south sides do abut residential areas. Mr. Rumpf noted the site plan does depict a six foot wall on the north side as well. The applicant desired just a fence and landscaping on the north side and east side. Mr. Beasley confirmed the applicant would replace the wall with a fence and landscaping on the north side. Mayor Taylor was concerned that a day care center should have some type of barrier to prevent any drowning. Commissioner Ensler questioned why a wall would not be required on the south, east and west as in other projects. Mr. Rumpf stressed the planned use was a quasi non residential item and not a commercial business with parking areas and traffic, but more compatible with the residential environment. The design criteria for a use of this type would dictate heavy buffering and even a wall would be appropriate. Commissioner Ensler inquired if evening events would be held at the facility. Mr. Rumpf felt it was possible with events such as parents' night. Commissioner Ensler asked why the Planning and Development Board felt the walls were not necessary. Mr. Rumpf replied the applicant requested the modification. Commissioner McKoy asked the applicant what the hours of operations would be. Kathy Freeland, 4470 Glen Eagles Drive, indicated the hours would be 7 a.m. to 6 p.m. Monday through Friday. Vice Mayor McCray asked for confirmation the facility would not be open on weekends. Ms. Freeland confirmed. Commissioner McKoy was concerned about the traffic flow during the beginning and end of the school days. Mr. Rumpf explained the traffic would only be reviewed from a capacity standpoint which is ample. Peak periods may occur, but if anything, traffic would be slowed. Commissioner McKoy's concern was with the flow of traffic going in and out of Citrus Cove Elementary School and cars leaving the Center and turning south. Mr. Rumpf agreed it may be difficult and traffic would have to turn right and make u-turns or backtrack elsewhere. Mayor Taylor remained concerned about the impact on the single family homes to the east. Vice Mayor McCray inquired if there had been any response to the notices sent to the surrounding communities preferring a fence. Mr. Rumpf did not recall any calls or written opposition. Commissioner McKoy added he had spoken with several of the residents and there did not appear to be a major concern. Commissioner Ensler pointed out the residents today may not be the residents tomorrow and the regulations should be consistently applied. Motion Commissioner Ensler moved to add a wall to the east and south sides plus a fence on the north side. Commissioner McKoy seconded the motion. Motion passed 3-2 (Vice Mayor McCray and Commissioner Ferguson dissenting.) Motion Commissioner Ensler moved to reconsider the prior motion for testimony from the applicant. Commission McKoy seconded the motion. Motion passed unanimously. Mr. Beasley pointed out a partial retaining wall will be needed to maintain the grade on the north side of seven to eight feet on the outside and approximately six feet on the inside with a green vinyl fence with a hedge. He felt this would minimize, if not eliminate any safety 9 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 concerns. The east side could have a fence with breaks in the wall for utility crossings for service. Mr. Beasley also noted the east side is abutted by a road and quite a distance of landscape buffering with no houses in close proximity to the project. The plan proposed only a fence and hedge on the east side. The south side does abut a single family home and a fence would be mandated. Commissioner Ensler explained the reason for his motion was not totally for child safety, but to consistently apply the regulations. Mr. Beasley added staff Comment 34 indicated a berm, buffer, wall and/or natural vegetation. He did not believe the Code mandates a wall at this time. Mr. Rumpf added the intent is to allow flexibility with a combination of those items. Motion Commissioner Ensler renewed his prior motion to add a wall to the east and south sides plus a fence on the north side. Commissioner McKoy seconded the motion. Motion passed 3-2 (Vice Mayor McCray and Commissioner Ferguson dissenting.) Attorney Cherof noted Condition 42 would be added modifying 41 and 34. Motion Commissioner Ferguson moved to approve the project. Commissioner McKoy seconded the motion. Motion passed unanimously. IX. CITY MANAGER'S REPORT: A. List of State Funding Requests. Mr. Bressner announced residents should monitor the weather closely with the approach of Hurricane Wilma and make all necessary arrangements to protect their property and themselves. Mr. Bressner said staff had proposed two items for the Commission's consideration. He noted limiting the number of requests increases the funding probability. The first project would be the hardening of an Emergency Operations Center (EOC) and Fire Station No.5 to be located at High Ridge and Gateway with a request for $1.8M. The second project would be the Boundless Playground on Congress Avenue adjacent to the Tennis Center with a request for $lM. Mr. Bressner indicated the Boundless Playground is at a higher level of readiness than the EOC hardening at High Ridge. Mayor Taylor stressed these would be the primary requests without limiting other requests that may arise. Mr. Bressner noted other projects that might qualify for State funding would be the Oceanfront Park renovations to modify lifeguard towers, boardwalk design and handicap decking. Commissioner Ferguson asked for a figure for the cost of those renovations. Wally Majors, Director of Recreation and Parks, felt an estimate of $1.5M would be appropriate. The figure would include replacement of the boardwalk and other items previously enumerated. Mr. Bressner asked for a breakdown for the lifeguard towers and handicap 10 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 decking. Mr. Majors estimated the towers were budgeted at $60,000. The permit for the handicap decking was denied by the State due to erosion issues and turtle nesting issues. Commissioner Ensler asked if the widening of the Inlet was included. Mr. Bressner indicated funding was already received for that project at $160,000 during the past legislative cycle. This year the study will be completed and then move along. Motion Commissioner Ensler moved to authorize the proposed list of state funding requests. Commissioner McKoy seconded the motion. Motion passed unanimously. B City Manager's Evaluation. Mr. Bressner referred to the documentation he had submitted with responses to the 32 objectives the Commission had approved in May of 2005 representing a significant amount of work effort. Mayor Taylor opened the floor to public comment on the City Manager's performance. Bob Brown, 701 S. Seacrest, believed Mr. Bressner was a good peacemaker with the hurricanes, disgruntled employees and initiating an emergency management center placing the City of Boynton Beach in a state of preparedness better than most other cities. He felt Mr. Bressner had done a good job. Sharon Munley, 62 Beackonwood Road in Lake Worth, President of Local 1227, representing the blue and white collar workers in the City, asked the Commission to delay the evaluation until after the blue collar labor agreement had been fully ratified. The reason for the request was the fear of retaliation for any employees who speak at this time. Also the low morale could become worse based on the evaluation results. Commissioner Ferguson pointed out Ms. Munley had contacted him and asked this be delayed. The Commissioner felt a delay to the second meeting in November may be appropriate. Mayor Taylor expressed his opinion the union contracts are a very small piece of the responsibilities of the City Manager. It may be a consideration in the evaluation, but not a reason for delay. Vice Mayor McCray echoed Commissioner Ferguson's request. The contract negotiations affect 191 employees and he felt there were many disgruntled employees. During the past year Mr. Bressner was out for several weeks and Mr. Hawkins was out for sixteen weeks which may be a reason for the delay in the contract negotiations. Based on the opinions of the residents of District II, Vice Mayor McCray would be voting no confidence if he had to vote on the evaluation at this time. Mayor Taylor emphasized two contracts have been approved and the negotiations are only a small piece of the entire evaluation. David Zimet, Boynton Beach Faith Based CDC, 2191 N. Seacrest, said he found the City Manager to be open for discussion and his insight has been very helpful. 11 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Attorney Cherof clarified there have been five collective bargaining agreements ratified including three for the police, white collar and fire contract. Herb Suss, Wood Fern Drive, expressed his opinion that Mr. Bressner was the best City Manager the City has had and under tough circumstances produced and made Boynton Beach more livable than ever before, with the help of the Commission. Mr. Suss pointed out no matter what the City Manager did there would be disgruntled people. The City Manager's evaluation should not be delayed based on the one contract and would be a disservice to the City if the evaluation is not based on overall performance. Anne Smith, 4 Velair Drive, has been an employee for 30 years in the Police Department. She felt the blue collar workers number was small, but the most important part of the City by taking care of the utilities on a daily basis. She emphasized the morale is very bad and the pay is low. The pay study allows a rating of four and only one employee received a four rating. Ms. Smith urged the employees to come before Commission and relate the problems that exist. Mayor Taylor clarified his comment was not the people were a small part, but the union contract was only a small piece of his entire job responsibility. Also everyone is encouraged to speak at the meetings. Mayor Taylor made it clear the management at the negotiating table is the Commission through Mr. Bressner as a middle man. The City Manager can only offer what the Commission authorizes. Mayor Taylor felt the assertion of holding up the contract being Mr. Bressner's fault is incorrect. He reviewed the steps in the negotiation process and reasserted the final approval is a decision of the Commission. Ms. Munley agreed with the Mayor and clarified the parties are prohibited from talking about the contract. She was simply asking that the City Manager's evaluation be delayed until the contract is finished. The contract did not have TAs and the employees were fearful any comments they would make on the City Manager's performance would make the contract negotiations worse. Mike Osborne, 3712 Coelbs Avenue, said he has been a City employee for 17V2 years and currently a union steward for the blue collar unit. Mr. Osborne indicated a contract proposal was not submitted to the union until a month after the previous contract had expired. The white collar unit did not receive a proposal for four months after their contract had expired. Mr. Osborne pointed out the problems in the Police Department and the resignation of the Police Chief were based on the same reason of failed negotiations with his employees. He noted the City Manager conducted an investigation on overtime abuse in a department that actually saved the City money and did not investigate a department that spent $100,000 in overtime. Mr. Osborne claimed his department is severely understaffed because the City Manager has not approved the jobs for hiring purposes. He alleged morale was at its lowest. The job openings are not for blue collar positions but contract managers or assistant supervisors. He mentioned the delay in hiring a Human Resource Director and a Director of Utilities resulting in hiring consultants. Mr. Osborne related the fact one of the water treatment plants had been built in the 60s requiring full time maintenance including during the hurricanes. During the hurricanes the past year the emergency response employees were not provided with food as had been done in the past without any notification to the employees to make preparations. He did feel retaliation is a viable threat to many employees. Mr. Osborne said he had voted against the 12 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 union when it first came to the City and now is a union steward due to the Mr. Bressner's tenure as City Manager. Commissioner McKoy asked what, if any, impact would be attributable to a delay in the evaluation. Mr. Bressner responded there would be no impact. He added the issue of employee intimidation coming before the Commission was absolute hogwash. Mr. Bressner resented the comments made regarding his performance as City Manager feeling they are unfair and not appropriate. He agreed the evaluation could be delayed for as long as necessary and he would continue to work to resolve the contract as all the other contracts. Commissioner Ensler commented the nature of negotiations with unions almost always result in disagreements. When final settlement is reached neither side is usually happy. Basing the evaluations of the City Manager and Assistant City Manager on the union negotiations is not appropriate. The evaluation is currently on the agenda and there is an obligation to review his performance taking into consideration all aspects of his job responsibilities including any issues brought before the Commission. It is a total evaluation. Commissioner Ensler said he was proud of the City, proud of the work of staff and their efforts, and proud of the CRA whose work is funneled through staff reporting to Mr. Bressner. He felt it would be unfortunate to allow one open issue to delay the process in fairness to Mr. Bressner. Issues are continually arising and need to be considered. He felt the evaluation should move forward based on Mr. Bressner over the past year. Commissioner Ensler was in favor of giving Mr. Bressner a high performance award. Mayor Taylor stressed annual evaluations are to be done on a timely basis and the Commission was specific in setting a time limit for the evaluation. He pointed out Commission meetings are held twice a month and employees can come forward at any of the meetings to discuss issues and concerns. He commented employee evaluations are not delayed waiting for the union contracts to be settled. Mayor Taylor declared he had come prepared to evaluate Mr. Bressner and his evaluation would not change in the near future because his evaluation is based on the prior year. Motion Vice Mayor McCray moved to delay the evaluation until the union contract is resolved and ratified. Commissioner Ferguson seconded the motion. Motion passed 3-2. (Mayor Taylor and Commissioner Ensler dissenting.) Discussion Commissioner McKoy felt the Commission, for the most part, had come prepared to complete the evaluation. However, there being no impact he would vote in favor of delay until after negotiations are completed. Commissioner Ensler questioned the impact if months passed without resolution of the contract or if the contract was resolved and there were still disgruntled employees. He felt the very nature of contract negotiations lends itself to unresolved feelings, but agreement can be reached. 13 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Vice Mayor McCray interjected his motion was for delay until the union contract was ratified, not whether the parties were happy. Mayor Taylor emphasized if the contract was not ratified it would have nothing to do with Mr. Bressner as the final ratification is for determination by the Commission. Mayor Taylor asked for a date certain on the reconsideration of the evaluation. Commissioner Ferguson said his original request was for a delay no longer than the second meeting in November. Vice Mayor McCray agreed to the second meeting in November as long as City staff did not delay the negotiations. Attorney Cherof commented the impasse proceedings with special magistrate had been completed. The special magistrate made a recommendation and a post magistrate recommendation conference with the union was held. A contract has been prepared in final form addressing as many of the concerns of the union as possible. The union's attorney has now made contact asking for an additional conference which is being scheduled. Attorney Cherof felt the contract was complete and it was unlikely additional modification would be made. It was his feeling the contract would be brought before the Commission for ratification or for resolution through the impasse process by the next meeting. Commissioner McKoy agreed with delaying the City Manager's evaluation no later than the second meeting in November or earlier. X. FUTURE AGENDA ITEMS: A. Proposed amendment to Parks Dedication Code ordinance to modify the review time line. (11/1/05) B. Reduction in the allowance for uncollectible accounts. (11/1/05) C. Ordinance allowing non residents on Advisory Boards. (11/1/05) D. Analysis of Water Capital Improvement Fees. (1/3/06) E. Selection of Vice Mayor. (11/15/05) Commissioner Ensler asked that an item be added relating to quasi-judicial items being placed on the agenda under public hearing so the public can be heard. He also asked that an item be added relating to a discussion for cst~blishmcnt of pl~ns by for profit f~cilitics rcl~ting to thc.Jll those "at-risk" citizens of Boynton Beach during periods of declared emergencies. Vice Mayor McCray indicated there was a State law for all the hospitals, nursing homes, invalid care facilities to have those plans in place. Mr. Bressner agreed with the Vice Mayor and indicated it be researched. Chuck Magazine, Risk Manager, addressed the issue and purported Palm Beach County requires every hospital and nursing home or skilled facility to provide the County with an emergency plan. After Hurricane Katrina the County is now reviewing the plans and holding the organizations and entities, public or private, to some accountability including the use of 14 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 contractors by the facilities to ensure the services are available. Commissioner Ensler asked if the City's Risk Management would be involved. Mr. Magazine replied not with any outside organizations. Commissioner Ensler requested a future agenda item be added covering the responsibility of the City relative to the "at-risk" citizens of Boynton Beach. Commissioner McKoy requested the City's position in dealing with minority contracts be added as a Future Agenda item also. XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-061 RE: Approving establishment of a Dependent District Over the Real Property Comprising approximately 582.49 acres; providing Definitions; Establishing the Name of the District as Quantum Park Overlay Dependent District; Naming the Initial Members of the Board of Supervisors of the District; Designating the purpose of the District; providing for Board of Supervisors, Members, Election of Members, Meetings and General Duties; providing General Powers of the District; Providing Special Assessment Powers; Providing for Collection and Enforcement. Attorney Cherof read Proposed Ordinance No. 05-061 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-061. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-062 RE: Amending Chapter 2 "Administration" Article 1, Section 2-1 to Incorporate a Revised City Organizational Chart, effective October 1, 2005. Attorney Cherof read Proposed Ordinance No. 05-062 by title only. 15 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Motion Commissioner McKoy moved to approve Proposed Ordinance No. 05-062. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 05-063 RE: Amending Land Development Regulations, Chapter 20, Building, Housing and Construction Regulations, Section 3 Minimum Building and Construction Standards; providing for the Adoption of the Boynton Beach Administrative Amendments to the 2004 Florida Building Code, and Amendments thereto. Attorney Cherof read Proposed Ordinance No. 05-063 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-063. Commissioner Ensler seconded the motion. Discussion Commissioner Ferguson ask the matter be opened for public comment at the request of a resident; however the resident was no longer present and Commissioner Ferguson withdrew his request. Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 05-064 RE: Amending Land Development Regulations, Chapter 2 "Zoning", Section 9 "Administration and Enforcement"; Providing for Additional Public Hearing Requirements. Attorney Cherof read Proposed Ordinance No. 05-064 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-064. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 4. Proposed Ordinance No. 05-065 RE: Amending Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches," by Amending Section 16-38 to provide for the Consumption and Possession of Alcoholic Beverages at City Recreational Facilities pursuant to a Special Event Permit. 16 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Attorney Cherof read Proposed Ordinance No. 05-065 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-065. Commissioner Ensler seconded the motion. Discussion Vice Mayor McCray asked staff for examples of a special event to get a permit. Wally Majors, Recreation and Parks Director, gave the example of a wedding ceremony to be held at the beach that includes champagne or wine. Vice Mayor McCray asked if it would be monitored through Recreation and Parks. Mr. Majors added it would also be monitored through the special permit process that includes several other departments including Fire, Code, and Risk Management with very strict guidelines. Commissioner McKoy asked if a special event would include a family or individual renting a picnic area. Mr. Majors indicated it could, but the required alcohol liability insurance would be a significant challenge to obtain and expensive. Vice Mayor McCray asked for estimate of the alcohol liability insurance cost. Mr. Magazine indicated it has many variables and with a small group would start at several hundred dollars. Larger groups and the type of event would be a factor and some events will not be underwritten by insurance companies. Vote City Clerk Prainito called the roll. The motion passed 5-0. C. Resolutions: 1. Proposed Resolution No. ROS-119 RE: Interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Land Acquisition in the Heart of Boynton Beach. Mayor Taylor asked for an explanation of the resolution for the benefit of a constituent. Vivian Brooks, CRA Planning Director, explained the Resolution is for the City and CRA to work together in acquiring the remaining parcels within Phase I of the Heart of Boynton (HOB) plan. There is also an interlocal agreement to exchange City land for CRA land to add land to the Sara Sims Park. The area goes from the east portion of Seacrest, down Martin Luther King (MLK) east to 1st Street. Then, it includes the one parcel north of MLK and the full block south, MLK which is approximately five acres. Quintus Greene, Development Director, added the proposal is to eliminate the most problem properties identified by the residents of the HOB area three and a half years ago when the plan was prepared. The focus of the resolution is the east side of Seacrest and MLK over to NW 1st Street as well as properties fronting the west side of Seacrest in the vicinity of MLK. 17 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Vice Mayor McCray asked for more clarification for the benefit of the public. Mr. Greene said the locations of the properties involved are Robert's, EZ Mart, and the Farm Store area. Commissioner Ensler inquired if any of the properties were residential and Mr. Greene replied none were residential. Motion Commissioner Ferguson moved to approve Proposed Resolution R05-119. Commissioner Ensler seconded the motion. Mayor Taylor opened the issue to the public for comment. Gertrude Sullivan, 201 NE 1st Avenue, Boynton Terrace Association President, did not feel the residents present understood what was being proposed. She thought the residents understood it was the entire way down MLK. Mr. Bressner noted it was just to 1st Street. She asked how long the project would take to completion. Attorney Cherof explained there had to be another attempt to the property owners to see if an agreement could be reached. Ms. Sullivan was concerned about the little church at 9th and Seacrest and if a land exchange could be done. Attorney Cherof indicated the City was obligated to negotiate in good faith based upon the appraised value of the property. Elizabeth Jenkins sought more clarification of what was Phase I and when things would commence. With the use of a colored map, Mr. Greene attempted to further explain the exact properties to be acquired through eminent domain, the properties the City owns and the properties the CRA is working with the owners. Mr. Greene further outlined the process after the properties were obtained of issuing a Request For Proposal for redevelopment of the entire parcel. He stressed the land acquisition will be a major negotiating element of the use of the land and the cost of the housing units. Alice Warren, 1719 Wood Fern Drive, asked how many properties or families are being displaced by eminent domain. Mr. Greene replied in the area in question there were none. Ms. Warren asked how many commercial business were being relocated. Ms. Brooks replied three businesses were involved. She further explained the CRA's land be used in an attempt to get affordable units for residential and commercial in the development. Ms. Warren hoped provisions had been made for the displaced families to move into the new units. Ms. Brooks explained three affordable housing initiatives were being discussed at a joint workshop with the CRA and City Commission. Pamela Patterson, 31 NE 9th Avenue, commented some of the properties being referred to are already under contract with the developer. Pastor Evans was concerned about where his church could be relocated. He felt it was essential the church be relocated within the City to meet the needs of his parishioners who cannot travel any distance. 18 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Pastor EJ Maddox said his church on the NW side has been at that location for over sixty years after moving from further down MLK by the railroad tracks. He does not want his members to go in debt for another church. The first offer proposed was an insult and would not be enough money to buy a church. Pastor Maddox indicated he had done a lot of work to clean the property up and maintain it. He pointed out the definition of affordable housing is not affordable for residents who have low paying jobs. Pastor Maddox alleged the sign at Boynton Terrace indicating the units would be starting at $236,000 would not be affordable to anybody that presently lives in the area. Wilfred Hawkins, Assistant City Manager, maintained the process is currently at a crossroads with the plan. He contended if a change in the neighborhood is desired the Resolution was the opportunity to see a change become a reality. He encouraged the residents to be involved in their community and even attend the October 24th workshop when the affordability housing initiative will be discussed. He further explained the concept of eminent domain and how it should be applied in the process with fairness. Vice Mayor McCray asked the time of the workshop should be announced. Mr. Hawkins noted the time is 6:30 at the Boynton Beach Library and affordable housing will be addressed along with a further explanation of Phase 1. He emphasized the plan's objective is to bring people back to the community and remain in the community. Samantha Simons, Intown Development Group, recounted her business relationship with the City, CRA and the community. Her assessment of the redevelopment in the area was that it should not be a phase by phase project, but one entire neighborhood plan without using eminent domain. Ms. Simons explained the development plan she proposes will have affordable housing, growth, opportunity and move churches by using their own brokerage. She said her group is willing to work with the CRA to make a dynamic project, but not a phase by phase project, a complete project. Reverend Anthony Reed, St Paul African Methodist Church, 315 MLK Jr. Blvd.,was concerned with the idea of eminent domain. Three years ago workshops were held with the community and City officials and many things suggested in their plan had not happened for the community. He pointed out Phase I does not impact families and their homes, but the next Phase will take residences. His Church has partnered with the Intown Development Group because the CRA had not followed through with the plans outlined to the people. The people have become tired and frustrated waiting for the City to make a difference. Reverend Reed contended there would be no way the families who are given the appraised value for their homes will be able to move into a better or more comparable situation due to the gap between the appraised value and market value of homes in the county. Reverend Reed was emphatic that he was not in favor of eminent domain unless the CRA could match the funding and offering made by the private developers. He asked the Commission be accountable to the constituents of the area and offered his prayers for their efforts. Commissioner Ferguson noted the Proposed Resolution on the agenda and the backup indicates no authorization was being requested for eminent domain. Attorney Cherof pointed out the CRA has no power of eminent domain; the power is solely with the City Commission. 19 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Bob Brown, 701 S. Sea crest, suggested the CRA has evolved into a powerful agency that uses the City Commission as a rubber stamp to achieve its goals and objectives. Herb Suss, Wood Fern Drive, reminded the Commission the two churches are houses of worship that serve the people that will need a new location to serve their needs. Discussion Vice Mayor McCray asked staff how long the properties that were proposed to be taken would stand vacant before new construction would begin. Mr. Greene said the intent was the property would be not vacant for very long, however, he could not circumvent the process and time frames involved. Vice Mayor McCray explained his District was dissatisfied with people coming into the area and tearing down properties but not bringing anything back. In the interim the values of homes have skyrocketed. Ms. Brooks indicated the RFP would be issued in January with a 60-day turnaround for responses and a 30 days review period. A additional 30 to 60 days will be needed for negotiations. Vice Mayor McCray suggested the CRA should take just one block and show the people what can be done because the people have lost faith in the CRA. Ms. Brooks contended that would be spot development. Commissioner Ensler commented the development company would like to do their project but do not have the power to acquire all the property resulting in spot development. He asked Mr. Greene to outline the implications of a decision by the Commission on the resolution to deny or go forward. Mr. Greene answered if the redevelopment does not go forward the situation in the community will continue. Much of the problems in the area are problems of the physical environment and not necessarily simple police problems. He explained the concept is to change the physical environment and perception at the most visible intersection of the community to revitalize the community. Over the years the core of the community has moved out of the area and those families need to be encouraged to return to the area and help it thrive. The redevelopment of the area is an attempt to lure those core families back to the area which is the purpose of the Heart of Boynton Plan. Vice Mayor McCray inquired if the City had land available for the two churches. Mr. Greene replied there was none at this time. One church was moved through land swaps and the City would be willing to do that, if land becomes available. Commissioner McKoy asked if the land swap for the church could be made a priority. Mr. Greene explained City owned property within the community is very limited. Parcels of land have been provided to Habitant for Humanity and CDC to build houses. He contended the size of a parcel needed to accommodate a church is the problem and not available at this time. Commissioner McKoy asked what the options would be for the churches. Mr. Greene outlined the process of making an offer and if an agreement cannot be reached the matter will go to the courts for a decision. The intent was not to rip anybody off, but make fair offers and in some case have actually paid more than the appraised value to solve problems. Vice Mayor McCray added he was very concerned about the churches. Ms. Bright suggested that the respondents to the RFP be required to find alternative sites to assist the churches. 20 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 The churches could remain onsite although the property would be owned by the City, then once development commences the developer would have to relocate the church. Mayor Taylor reminded the Commission solving those problems was not before the Commission with the Resolution. Commissioner Ensler commented even though he would like to see the area redeveloped he would hesitate to vote for plan that the Vice Mayor, who represents the district, would be against. If the resolution is denied the CRA will have failed and the Commission would have no mechanism to help redevelop the area. Mayor Taylor contended the issue could be simplified that either the desire is to redevelop the area in whole or nothing will happen. Hard decisions will have to be made that affect people's homes and businesses. Ms. Thomas, 235 NE 9th Avenue, related she had been told people have to earn between $35,000 to $75,000 to live in the new units. She contended even two people in a home would not have the income needed to live in those. Ms. Thomas owns her home, but could not afford the taxes and insurances to live in the proposed new development. She complained she would become homeless if her property was taken because she could not afford to live anywhere else. Elizabeth Jenkins contended the 15 story buildings were not needed and the greedy developers are just after the dollars. Vote Motion passed 4-1. (Wce Mayor McCray dissenting) 2. Proposed Resolution No. R05-176 RE: Assessing the Costs of Abatement of Certain Nuisances Against the Owners of the Properties involved; providing for an Additional Administrative Fee prior to Recordation of Liens. (Boynton Terrace Apartments) Attorney Cherof read Proposed Resolution R05-176 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution R05-176. Commissioner McKoy seconded the motion. Discussion Commissioner Ferguson asked if the liens were against the previous owners. Ms. Brooks replied yes. The new owner has requested a waiver of the lien as a direct incentive through the CRA. Vote Motion passed unanimously. 3. Proposed Resolutions No. R05-177 and No. R05-178 RE: Declaring the Public Necessity of Acquiring parcels of Property more particular described on composite Exhibit "A" attached hereto for the purpose of implementing the Heart of Boynton Community Redevelopment Plan. 21 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Attorney Cherof read Proposed Resolution No. R05-177 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R05-177. Commissioner McKoy seconded the motion. Discussion Commissioner McKoy asked if all the parties have followed due diligence and all necessary legal procedures followed. Mr. Bressner understood all the necessary steps had been taken. Attorney Cherof added Section 4 does require an initial attempt be made to acquire the properties through negotiation at a price agreeable to both parties before any action is taken to file an eminent domain proceeding and will be done once the Resolution is passed. Vote Motion passed 4-1 (Wce Mayor McCray dissenting.) Mr. Bressner recommended Proposed Resolution R05-178 be tabled because all the necessary procedures have not been confirmed as followed. It remains to be determined if the same threshold has been reached with the property owners as had been done with the first resolution. Motion Commissioner Ferguson moved to table Proposed Resolution R05-178. Commissioner McKoy seconded the motion. Motion passed unanimously. 4. Proposed Resolution No. ROS-179 RE: Authorizing application for a Grant for a Landfill Feasibility and Phase I Environmental Report for 40.2 Acres of Land Adjacent to the Boynton Links Golf Course (Pine Drive next to the E-3 Canal) Attorney Cherof read Proposed Resolution No. R05-179 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R05-179. Commissioner McKoy seconded the motion. Motion passed unanimously. D. Other: None. XIII. UNFINISHED BUSINESS: A. Reconsideration of tow contracts. Commissioner Ferguson asked for the effective date of the contract. Attorney Cherof responded the contract was approved at the June 21st Commission meeting and took effect after the towing contractors signed the agreements, approximately three weeks later. 22 Minutes Regular Commission Meeting Boynton Beach, FL October 18, 2005 Commissioner Ferguson further inquired if the contract calls for some renegotiation at the end of the first year. Mr. Hawkins explained it allows automatic roll over after the first year. Attorney Cherof clarified it had been the Commission's directive the contract come back at the end of the first year for possible adjustment. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 9: 13 p.m. ,/I - ATTEST: 23 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~ Development ~' paz Building Engineering Occ. License Deputy City Clerk ,: PROJECT NAME: Quantum Corporate Center (Quantum Park lots 15 & 16) APPLICANT'S AGENT: Eric Anderson, Anderson Architecture, Inc. APPLICANT'S ADDRESS: 399 W. Camino Gardens Boulevard # 202, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval for the addition of approximately 9,000 square feet to the second floor internal to the existing building and conversion from officelindustrial to strictly office building on a 5.25 acre parcel in the Quantum Park Planned Industrial District. LOCATION OF PROPERTY: Lots 15 & 16 Quantum Park PID 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 Applic9nt'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 t and conditions of this order. 7. Other City Clerk m Corporate Center\DO.doc DATED: ID-~/-05 S:\Planning\SHARED\WP\PROJECTS\Quantum Lots 15 &16'1 EXHIBIT "i~1' . .J "S~n 11I,.111 :;:1 ~ I ~~'~~rlfJf t "l., 0'1'.. ~~'-. ri ~tJ- ~ - ~ ["1.. ~ r::" -- I f;1 f XJ1i ~ J ~ ~ ~ Ph' I: ~~!I t illt yo ~ ~ f@ ~!~~ fJ -j "'7 ~,::- >~ ~'!!'_^_ ~ ~ ' (3ij \]) It?>> [.; MV '-II. ~ ~ ~ r;;1 0 ~. fI :.I':h ~.---......... "I \--- ~ t=J ~ }-r ' t-- _ '-- o ~~~, ,,: 8~lTE I ~ fK ... 11 u ~. ~ ~ 3: \ ';'1.:.':..-... . ~~' '~J J . .:~, :/ ~~. \ / "'-..,~ :' ; ',1111 ,~Ij. -: _... "'"..r / - : ' . ,~----.; 'i:"--- ~" ~)~I/.' :1' ., I ,/ ; / ',: . " : .J. (' ' 'I 11f' - . ... ......:-J I :, - I : OYNT -.2-.~-,.' 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R :glmi :illim!!~I. ~~!iirgfijf Ji' fI,l !i it~ "Wfi r.:t&ifliilln !Ii-: :~:Ili ill I l: ii: H~ RtUJfiJ5fl !~ J~m ~] ~ Ii II !f 19 i.t~t 5.tutfr- : ~d 1 !I. . 1 I~" ilH .':f~ II r S II I :I r IJI tp~ I.r i.): IS tit "ail I 11 II I' J:~ l~ ~ J 1'1' I J.i".":J ~ ~ J \ \ i I JJJ' .... .. ....... u I '~..ik!lillii' ~ 1"1$>..' ~ II J r & & I . ; I 0 ;; r .. ~ ..........~ t ~; I ~r~f~l~~~~'~f:f~~ : ~lSjf~~~~8 ! II d~HtI"~~'l~td!Jg I frafJS~~~U;r I H ~J~f;r~IFl-;mJ~I~IlJI-'I-It. 'f:m("1iJ;J~! . Ii ErE,iI I iC_EA:i i~ E,i Jjr:I'n'iWi -- i I Ii I tIilli]E=- I=~~ ~ III ili.' I Ii n !r ~IIII III ~,,~ ~ ~ )! III III!I I ~..:.".::: ~ lIB .. 11m ~ m ~ 11I..........-..... '.,"'" '., ;;:~' , .~,. ~~,:",' ~.<_.;..,..... ~ mat IIIiI I Ell Ell Ell Ell Ell Ell Ell , I ' III) II" . .:. '~ 'Ii 'i: I DI\l 11I," . .~. I 11II.,. ~ II II ~- ~ > h ; I D D D II II"". -. ',', :..' fIl" "'" ",' t1:1(~:.: -m~ i: :: ::~~;1l II II lID ~ IIIJ umrJ IfIIlI IJII BIJ ~ II II UIiI Ui!:J 11II IDI.J . ~ m I1IU I: I '1.1 I Iii Ii I I I I I" II ~ fit II II III III II ,-II II k~. Corporate Center 3601 0UInUn EkUtorwd __R. J ~ EXHIBIT B If'''!.' ; E[] [IEn oc E[] ~oc E[] l~ DC E[] [~ 00 E[] ~ 00 E[] ~ 00 E[] ~ 00 E[] ~ 00 E[] __ 0 E[] ~oo I E[] lIED 0 0 I E[] ~ 00 E[] ~ 00 E[] ~ 00 E[] ~ 00 E[] ~ 00 ~oo ~oo E[] ~J 00 E[] ~ 00 ,,~ ~~ ,-~--- ~ noO H ~i g Ii f , J;;! ~ t j i ! a . ! I i EXHIBIT "C" Conditions of Approval Project name: Quantum Park Lots 15 + 16 File number: MSPM 05-009 R fI 2nd I od ofi dOh A 16 2005 PI &2 d k e erence: revIew p, ans I entl Ie WIt an ugust , annmg onmg ate stamp mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 gop.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 2. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 3. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 6. 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. BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 8. 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. 9. 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 the 2001 FBC, Table 500. 10. 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. 11. 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 I DEPARTMENTS I INCLUDE I REJECT I 1604.1. Indicate the live load (pst) on the plans for the building design. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. If an accessible route has less than 60 inches clear width, then passing X spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T"-intersection of two corridors or walks is an acceptable passing place. 2001 FBC, Section 11-4.3.4. 14. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 15. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 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. 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. Sheet 1.2 - The direct burial light poles shall comply with 1002 FBC, X Section 1606.1. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must indicate on the landscape plan that any existing trees / X Conditions of Approval 4 DEP ARTMENTS INCLUDE REJECT vegetation in accordance with the original approved landscape plan for lot # 15 and # 16 that are dead, missing or in poor health after site construction must be replaced with the same size materials throughout the lots. The existing landscaping should be identified on the plan as to species, size, diameter, and health. 19. The Quantum Boulevard right-of-way must receive Floratam sod and X irrigation coverage for both lots # 15 and # 16. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 20. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Cocoplum hedge plants on three sides. 21. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 22. Landscaping along the east side of the project abutting Quantum Boulevard X shall be upgraded to meet current landscape regulations. 23. Provide an executed unity of title, satisfactory to the City Attorney, for the X two (2) parcels, prior to the issuance of the first permit. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lots 15 + 16 Coiltronics\Coiltronics\MSPM 05-009\COA.doc PROJECT NAME: Learning Place II Development P&Z Building Engineering Occ. LIcense Deputy City Clerk DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Mr. Dave Beasely AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction of a 7,800 square foot day care facility on a 0.839-acre parcel in the Single-family Residential (R-1-AAB) zoning district. LOCATION OF PROPERTY: East side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard 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 & 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 Appli<?nt ~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 t and conditions of this order. 7. Other DATED: 10 -c~1I-0.s S:lPlanning\SHAREDlWPIPROJECTS\Learning Depot. Learning Place lI\Learning Place I Exhibit 'A' - Location Map . 175 87.5 0 I 175 350 525 N 7~~eet W+, ")r-o>VlVJ :)_>:::O-i-l z:::z~;ooo ")rn==""O"''' OVJ-:;E n. Z(I)VlVJ -< G) n :2 ~ h -< ~ " ~ U>G)G) .:I:ZZ > Zr-=E~ m ~ U> --<.... "':I::I: U> m :I: U>U> >3 .>C>G) .;oz.:z: '" tDmcno mo~z -b.QOo;:l . 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E'XISTlHG ... "cYClE PATH " z Z > ~ ~ - Oft '" - Oft ~ c: ~ '" ~ ~ 20.6" 0 '" ~ 8 " .b.. 78.0 ~~ n ~ I": I:; ~ 00 '" 0 '" i1l m '" ~ ::< ~ ~ ~ ~ ~ :;; I;; ~ m n 0 '" ;;: " r :" <D ~ C --< m r ~ r '" -< - z ~ w G) ~ 0 78.0 <10.6' - - ~ l>iloPOSEo e:- CHAiN LiNi< FE ;:-ur;LITY T - - :: I , ---L E '" -L S 203'34- W 119.32' ------------------ -------- --- ---~- I:>;!l i ~i!iB ~ ~~~ !!l~2 !2~~ ~ g ~ I ~ --- -, " i~ :::~ 'ir C';~ r ~ z ~ Oft Oft o ... LAWRENCE ROAD ( 80' R /W ) TO HYPOLUXO ROAD ~- r '" g n > z ~ ;, ;3o~o" 1'1"'",.' ~ .~ ~ '-- -1 rn I (1l <- Yi "- v Z- ,- -l';, ,\ ,- e_ sl. j; ~ lr E 1 i . f I : '. ~ ' f 'l' 1}: ,!:r( ~ r i g., f'hI ~ {~ . -"G' ,,'irs -.j\ .. " if ~ ,. " ~ '> ~ t : z. l- f f -< " '" '" ~~ %. . .. ~ i > l~ J d "" .:{ ~: N H c; ,,~ 6~ ... :;t '~'.i.,I' I ~~.~ ~ f i ~!I ;r,,] ~i; " !l !et ~ ~r ~ ~ t..j>:~ ...( ~'" ..!!. r :; ~ 6- z."\\7 :;.. .. -l .~ _<J ~~ ~ :; F i ~ V' ~ m r m ~ ~ t EXHIBIT B I &~ -t~ ~i fg t \1., mm T f "( 1\1 ] 1 S~pl' g '" \)~ ~t ~ ~t' I,~'F , .t. .~ f '" ~" .. ~2- K _' '? CUI) 7....7170 D.~~.y ~-~~- ---- TURQUOISE, Inc. eon.uono~Iv~&~ 47r______--.. ___n_. -~ "'-'...-- ~"""'....-r A L.............,t-l~, ~,-er&..._......~ --, IH-e-- '\...e:...e.:-N 1t-0". C&l~~':'__~'--c .,' n L~...,e.rn_ 11-0...0 1"-0-1>\,...,,,, f'1oeA,"" 8.D~ .J ~ ,- ~ '" ." ~ ~~ " - -1"r -It 1 .\; j -::I lii :L ~~ " - i ~ f! ~ J 1 ff w ~ -'\ j"l rtt 111 ~ ~ "- v l- ~ ,,- 6- ~~. f : f ~ ..... ....:! $"' ~ g ~ ~~l t - cl t f .-;; .~ r t ~ " r -,. ~ ~ ~ $ ;-' ~ ..( ,.( ~ ~ '" a r~ ~:r: ~~ ( - > <ll H ~ ;, 1- EXHIBIT B 1 r'> ~~ ~~: m J " ;; L .. t5" t' 1$ f F -u ~'It- ~ "'$ ; ~! .~' . ~ f "<pL 6' x.?OI<IW,r""" (HU ''''777. Dave Beasley -.... T U R QUO I S E, .,Jnc. ConWlIng~.~&Pklnnlng .n...--.....--. W__PL_t _~ ........- .eool""l....- A Le-.o.,"tA4 IN:Z;,'_ c:tEN'T&<<;;;.~~ !>-IE LE~L~INi::;~ 1J:-- l-">""_..... ~ e.,'(Nn;>N e~ rLGo14O,tl. _'.. ~ -,,-- ~-i' t/6 b~\~ ..' I 'S..-'. -- -- t.. ~! -r: ... ~ -;:l II' - :~ ~ I ~ D "=" ..(: .:~} w . . ~~ . It ~'. ;~'!>,; ~ \.~:j, 1 -~~~.f ~~-JiIEr~~ ~ ~ iC '(is "'';1 I ! ( [),~~:- -q-l ~C~ :~r ( ID , Fi' ------- ~. '" Ie;. j y) ~( -~~.n { 0(1 }::) ~ ~ . -..;;:: t{~ . _.~ I '~:5.r. "1 ' ". .r ~ ~ ' -\ . -If - ~ - ~. ~/ ~); ~.=~ ..~~ ~ ~~~ ~ ~ ,,-.'-ill -~~--=FcAf ~ / ~ ........ .....~1 · }JL<">..~j v 'r', -;J 'f .~~ .~.....;.:-;., ..... .-::7~ ~.::' '_1~ \ ~ d I' ~/ -. '.. ...).... .~.!- /"~..... ... ". .~ IP- ""\ -if ~ Y kA .....:. ,;!}; ~~ .n...r.;ti ~;.. , v . fl<"'i'E'r<T'K.,LJI.Je;.-'lt~E v ., ~ /' I'"~'~ '" . Ii.~ r::i. ~ 5: k ~$ ~ ~! -f~ ~ ~ 1 ~~ ' ... v ~ ~ ,( "f:) ~ )> ~,-" -a ' m ' i -a 5: ~ z ~ ~ ~ 9 ~ ~ ~ ~ ~ ~ a ~ 9 5 8 ~ ~ ~ ~ ~ ~ & ~ -s & ~ toe i ~ ~ ~ ~ ~ ~ . ~; * ilfHinUHnnnn ~ ~ [ ~ III q if ~ i q q II 11 ~ ~ I' ~ Lnriqinihdff~ " ! ~(i~ ~<Hi" iff ~ ~. t "'. f r i' ~ g~~~~$ tt ~ ~ ~ 1!~~'~~ ~~ ~ e ~ Jl - i: ~ ~ .. ~i:'~ ~.~ ~.~ !:j !1: i: ~ i: ~ ~ i I .! - ) ~ .,I't IC~- 10 ~- EXHIBIT B .. ", / , /fii~ '( - ~ " l: ~ . ~ ~ ..,/Itl"" ji i lI" ) HI.! ~~ 1'~~C' t}. l.. ~. ~ ~ ~ ~- ..- ~ 'i;:,' ~. W -~ 'I- ~ . . . ,I . -,g~ )-, ,~..-.) "" I .. iT. " ~-"_ L l .. I ~f~~ - l ~)-~-~,-~ 1== -'~ ') ~ .( '>:k) ~ ) I '\.- ~J~, ~ I ! / - _. ~ I I ~ I .; I "~'~J /V--r\ t,..,. . ..... ~ ;:::7' ~ '. -f l~ ).. ..'" ~f :l ~--~--,---- - -. -~ ~, ~ ~.... ~. ~ Co ~"\ r- "1:11 . ..... THE LEARNING CENTER II Lawrence Road, City of Boynton Beach Palm Beach County, Florida Majestic y.!-t.W.l Landscape Architecture. Construc6on Management 4711C...-ClM"~"",,PL :I)oUf......,...._...1JTU-t'... -=t::"~=--=..-::--=---:.:-.=:=-~~ ~i 11\ ~ ~ ~ 4" 12..~oll 4" '3"Z~O/J {5" ;j\ f h' ~ ...: '" ~ ~ :II ~ 3 '" {. S iP t: ( ~ 'i " 'I '" ! ~ ~ <;- ~ ~ ~ 4' -> ~ 1 -j 1. '" " \4 ..- ~ t ,,1 ~--S ! + ~ '" "'\:~ jl: f tr ~ ~J l r l'~ 0--: l'~ '" ~ E> " ~2~O'1 .- }) ~ ~ ." t;' ~ ,. ~- t' 0; . i5 -1 ., :it ~ "J -t:: ~~ 1", ;, .- -'<- oJ' '" f .- .;t S :? ~ '" , ~ "" " 1 !~ :i- " ~ i f F "IT ~ " 'l> ~ > 0" to.! 0 II ,of-' t..!...OII 4-1\. .'L ~!< ... "-- f 1\ ~ 't . .. ~ ~ Iff .- ~ ..., "ZLit ~c?tl -'I" ~ -" ~ . g: ~ <,- ~ -t ~ . :;;. ~ j ~ ... \ I! I ~ ' ~~~ ~d !:f't ~ fC: ~ It ~ <= ~ ! ~ zs~otl 8' f' ~ " " t ~ ~ ('j ,r r -l 0:: ,I 'l'- "i l ~ ....:J 0" a * ~ EXHIBIT B (..-"f:J.oo~o.,~-:.. \'1. ~_~II~~~_- PoP'l!. I4....N()(foob1' ~?001e.1\.4"'f J\ f '" . .- ~ J It ,. " .1 !io 'ii' ? ~ " >- :; ~ 5:: f 00 -\I ;:, A:~J " fP ~ ~. - J\ ~~ & i'" ~ d( ,1"- ~ 1.'; c ,.'; .. . cJ ~ ~t , r ~ .i .. H .. .... .;( f~ ~ ~ i .... t. ~ li. 2:l~..;-!' -4' I..~oll 4" "'"- ~ <!.~ ~ ZaLc" 0" \l\ '" t f' ~ -'!. . G.. " $ <= 8 ~ ' ! -";. 2S'_all 1'," 't f -'i '" b k rf .>; ., j " ~ ! '1b~O" "L.!I ' ~ ~ >II. .., p ~ ""f 9 ~ !~~I\l '; " ~ ~ ~.. ~ i ~ 1.'. i ~ 1 (15451) 7.16-t770 D~~.y A.l..~,~~IZ-c'F~~ -rT-\e- Le,ootz:i-li,..j"" ~~ rr: L.lawft..tE.~ ftJ1AP f?"'-, N T1!'" to" "....1 Ft-PIU<7A A :~ ~ ~ ~ ~ ~ I r-G') ~iiJ ~~ ~gg ft 0;: ~~~ (,1)-< . g ~ ~m ~ i ~<z !< ~ .. fTl G') ::: e -<- ",-z ~zrn G') fTl ;:lC L,l,\InlENCE LAKEs OR I 'liE u -~ ~~ ~ ~ ~ ~ ~ i 2 & S uo o S i i 1'1:; p g ~~:~~ .;! i;; Ii ~ !Ii - m 1; ;~Ei~ "iil ~! % ~ c: ~ i ~1 ~ -~;; g z~ ';';l ~,,~ :::::cnO -. ~" . ". ~ ~.".. ~ 2 SOUTH BOUND TR^FFIC l^NES TO G^TEW^Y BOUlEV^RD P^VED MEDI^N EXISTING 16' WA1eR ""IN 2 NORTH BOUND TR^FFIC L^NES EXISTING 2' CONe. CURe ANO GUTTER EXISTING .' 8tCYQ.1i I'AT EXISTING :1' GRASS :nR'p DIn'NG '" CONCRETE SIOEWAl...K N 2 03'34" E 119.43' 12 !: ~ "''''5''' 8~~~ !". <. jg i~m ~ . ! a II m ~ "! " ~ ~ .. \ z ~ ~ g ..... ~ <.n '" ~ <.n ~ ! '" ~ ~ ;; ~ '" ~ z ~ <.n <.n o ... ~ n ~ '" 0 '" ~ z ~ z ~ g] ~ m n m '" '" -n ~ = w C -< m .... ~ :- <:> -< z !i! Gl ~ 0 78.0' Ii ~ -:"'i~ il)C..c; ""'CO: .~ - r: ~o ~ ~i:!;;lii Ill;; ~m 2.' ~ ~ "'~ ;;; m ~ ~ ~ ~i ~ (10m ;; I m ~ ~I~ ; ~~ 1ll1~: ~ ~ ~ ~ g " ---- L^WRENCE RO^D I 80' RIW ) TO HYPOlUXO RO^D .... '" '" '" n > z ~ .... ~ W 119.32' ABOVE GROUND CANAL CJtOSS IHG EXISTING ,. W;.TEIl: I1A.IN -~il'l ~~~i ~~:~ ;: i: i!i~ ~ U :::i:l ~~ is ~ ~ > . i IS' C"N#\L ./lII EXHIBlI I:j :z: -- ~~ n ~-: EXHIBIT "C" Conditional Use Project name: The Learning Place II File number: COUS 04-006 Reference: 3rd review plans identified as a Conditional Use with a July 19,2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: l. Flatten the south side of the ingress driveway to allow wider turning access X for Solid Waste and Fire/Rescue PUBLIC WORKS - Traffic Comments: 2. Reference City Standard Drawings "K" Series for striping details. X 3. 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. 4. Add "Do Not Enter" signs at the egress driveway and to prohibit traffic into X the one-way drive aisles. 5. Add "One-Way" arrow signs at the ends of the two-way drive aisles where X they meet the one-way drive aisles. ENGINEERING DIVISION Comments: 6. Show proposed site lighting on the landscape plans (LDR, Chapter 4, Section X 7.BA.) 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 (LDR, Chapter 23, Article II, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 2'3, Article 11, Section A on the Lighting Plan. Glare that is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7.) Provide photometries as part of your TRC plan submittals. 7. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X COA 10/19/05 2 DEP ARTMENTS INCLUDE REJECT Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 8. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 9. 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: 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. 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. 14. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 15. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. COA 10/19/05 3 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 16. 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. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. 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. 19. 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. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 21. 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. 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate COA 10/19/05 4 DEPARTMENTS INCLUDE REJECT all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 24. The landscape plan must meet the minimum requirements of Chapter 7.5 X Environmental Regulations Article II. 25. There is no irrigation system design included with the plans. The irrigation X design should be low-flow for water conservation 26. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article II Sec. 5A). 27. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 28. This project requires conditional use approval. Provide justification for X approval of the project based on the standards for evaluating conditional uses found in Chapter 2, Section I1.2.D. of the City of Boynton Beach Land Development Regulations. Staff recommends that a period of one (I) year be allowed to obtain a building permit for this project. 29. At the time of permitting, on the site plan tabular data, identify the Future X Land Use designation for the subject property. The Future Land Use designation is the following: "Low Density Residential (LDR)". 30. The elevations shall indicate the paint manufacturer name and color code X (Chapter 4, Section 7.D.). COA 10/19/05 5 DEPARTMENTS INCLUDE REJECT 31. The applicant submitted three color swatches of varying shades of yellow X (Glidden Lemon Ice - 86/241, Glidden Moonscape - 89/135, and Behr Lemon Souffle - 350B-4). Staff recommends that the building be painted with the Glidden Lemon Ice - 86/241 paint because it is a soft, pale yellow color that would look aesthetically pleasing with the white accents (of the aluminum railing) and green shutters. 32. At the time of permitting, the location of the monument sign shall be shown X on all plans. The sign may not exceed six (6) feet in height. The sign face cannot exceed 32 square feet in area and the structure must be setback 10 feet from all property lines (Chapter 21, Article IV, Section l.B.). 33. Fifty percent (50%) of site landscape materials must be native species. X Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). Please indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. The categories shall be as follows: Shade trees, palm trees, shrubs and groundcover. 34. A minimum buffer width of five (5) feet and meeting "barrier" landscaping X requirements shall be required for all parking and vehicle use areas and outdoor recreation areas that abut residential zoning districts. According to Chapter 7.5, Article II, Section 3.B.3, a "landscape barrier" is a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use. The landscape barrier shall be comprised of a berm, buffer wall and / or natural vegetation consisting of various trees species planted tip-to-tip in two (2) or more staggered rows. For consistency and maXImum buffering, staff recommends that the wall (proposed along the north, south, and east landscape buffers) be six (6) feet in height and comprised of either C.B.S. or masonry, and be painted to match the building. Furthermore, staff recommends that wall contain decorative columns / caps for aesthetic purposes. In addition, staff recommends that the trees proposed within the aforementioned buffers be planted at tip-to-tip spacing at the time of installation. A row of hedges should be installed on the north side (outside) of the wall (proposed within the north landscape buffer) to deter from possible graffiti. (See Board Condition # 41 for wall location ) 35. Substitute the Dwarf Ficus with a plant species allowed by the city's code. X Staff recommends native plant material. 36. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow pre venters shall be visually screened with appropriate landscaping / hedge material. Place a note on either the site plan or landscape plan indicating this requirement (Chapter 9, Section 1O.CA.). 37. The dumpster enclosure shall resemble, with respect to the color and X materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). On the site plan, place a COA 10/19/05 6 DEPARTMENTS INCLUDE REJECT note indicating this requirement. 38. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum), color(s), and appropriate baffling / shielding to keep glare away from adjacent properties. 39. All playground areas should have large canopy / shade trees (mature) such X that they are not capable of being bent / broken by the children. The trees should be installed large enough so that they won't break or fall down in case unsupervised children start to climb the tree. Also, larger trees provide more shade for the child play areas. 40. The applicant may wish to coordinate their east buffering requirements with X the Lawrence Lake HOA, who currently has a fence and landscaping at their western edge. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 4 I. Condition # 34 will require the buffer wall only along the south property line. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. Condition #34 will require the buffer wall only along the south and east X property lines. MWRJelj S:\Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place II\Learning Place II\COA.doc PROJECT NAME: Quantum Park Lot 3 Development paz Building Engineering Occ. LIcense Deputy City Clerk DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Mr. Joey Caballero with 5th Avenue Building Inspections, Inc. APPLICANT ADDRESS: 2419 Quantum Boulevard Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request use approval for a School and Education Services - Home Inspection Trade Training Center (weekends only) on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID 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 property shall be made in accordance with the. and conditions of this order. 7. Other City Clerk 1 Home Inspections\DO USAP 05-001 (5th Ave Inspection DATED: 10 -~/-05 S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP ~ cJ D e location Map Quantum Park Lot 3 EXHIBIT "A" C3 ~ N -- .-<;r, s 05/05/2004 12:52 5516895"'''9 WINSTON LEE Assr PAGE 133 ; ,.' ........, f I -'~Vinston .L12€ /-\ssociat{ ~S, Ine. EXHIBIT "BII Li,l~d...;.;;~c.: .~\r:.:b:t",'..::ur~ :....(;~J ?:~lnI1!n:; [,,5.:.. ".C C:' '.' June 24, 200 ; Mr. Eric Jon lson Planning & L oning Division City of BO)'l1 :00 Beach i 00 E. Boyn on Beach Blvd. Boynton Be~ ch, FL 33425-0310 .RJ::: Qualtum Park DR! Use List Revision Request Our rile No. 98~010.09A Dear 'Mr. Jo: man: As a foHow up to our telephone conversation last week, J would iike to address your specific concerr'.5 as. 0 the process for monitoring the uses and associated required parking for Lot 3 in the Quantum pa 'k DR!. This project is under the ownership of one entity and all of the square footage contained in the buildings is 1 ~ased to 1:enants. The owner has agreed to monitor the types of uses and the required plU"king fur ~ 3.ch on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenanf S lease will require that a copy of the sheet be submitted with their applications for occupational iicences. This spread sheet will be maintained and updated by the property o~ ner and will indicate the amount of provided parking on the site, the deduction of required pal King per bay and appiicable calculation rate, and the r~maining uI1allocated amount of parking spal es- This rnonitormg method is similar to what has previously been accepted by the City ~'1 ~imiJ.ai sit ,lations, such as Levitt Commercial's project on Lots 9-12 @ High .Rjd~e Commerce Center. The applical t agrees to monitor the utilization of pal' king as outiined above. and this method will put no undue m ,oitoring burden on City stair. I hope this addresses any concerns you may have. Please feel free to I all with any. questions. S,incerely, 2t7'_i 1 ~nk.tYlJ..nJ (- Joni Brinkn an, AfCP Project Pial ner ill ,~:n W; ~ @ c;:c: Mic lael Rumpf Rot ~rt Burrow ", i ~ rs ,';\ it r: I to' ,..". I'~' 0 ~ I ~ liS LS ii.. J ~~! i' , n I: ': 25':' [L ~:~'""";,, ,"" -,'~ , i>~.2::~~~.~'~ _____ J DePARTMENT OF DeveLOPMENT i :532 011.1 Ok<:~ch\lb..:<: RI?ud Suite 106. Wc!~t Palm Reach. fL 33409~5270 Td: )(1 1-6~q-4670 . Fa:\.: j()I.M9-SS59 .. E-mail: wins1onwl:,llC1aol...:om EXHIBIT "C" Conditions of Approval Project name: Quantum Park DRI Lot 3 File number: USAP 05-001 Reference: Quantum Park DRI Use List Revision Request for School and Educational Services ~. Home Inspection Trade Training Center, weekends only (Lot 3) I DEPARTMENTS I INCLUDE I REJECT I 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 I. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be Conditions of Approval 2 I DEPARTMENTS I mCLUDE I REJECT I accomplished by usmg a spreadsheet. This spreadsheet would be continuously maintained by the property owner or property owners association and submitted to the Buildin~ Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\COA.doc