Minutes 12-06-05
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD ON TUESDAY, DECEMBER 6, 2005 IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, 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 Dr. Solomon Rothstein - 2nd Police Chaplain.
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Dr.
Rothstein followed by the Pledge of Allegiance to the Flag led by Vice Mayor McKoy.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor McKoy requested to move item XI. New Business, F. before Public Audience. Mr.
Bressner gave an overview of the item for the benefit of the audience. Consensus was reached
to move the item before Public Audience.
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda as amended. Commissioner McCray
seconded the motion. Motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
1. Briny Breezes discussion - Commissioner Ensler
Commissioner Ensler referred to a recent newspaper article on the buyout of the Briny Breezes
community. Currently the City of Boynton Beach provides many services to Briny Breezes
because they do not have the infrastructure or intellectual infrastructure, to meet all the
regulations for the State of Florida. Commissioner Ensler asked the Commission
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Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
to allow the City Manager to initiate discussions with Briny Breezes on the possibility of working
with them and annexing Briny Breezes into the City of Boynton Beach. He felt the potential was
for a $16 assessed valuation and resulting revenues.
Commissioner McCray indicated he was in favor of beginning talks, but felt it may be
appropriate to take a wait and see approach at this stage.
Commissioner Ferguson agreed with Commissioner McCray and wanted the secret developer to
be known before going further.
Mayor Taylor speculated they may vote to not sell, but if they do, he agreed with Commissioner
Ensler's suggestion.
Vice Mayor McKoy clarified the City Manager was to begin a dialogue, if the decision was made
to sell. He supported the approach, establishing consensus by the Commission.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
None
2. Presentation by the Metropolitan Center at Florida International University
of alternative plans for redistricting in incorporated Boynton Beach.
a. Approval of the alternative redistricting plan as presented by the
Metropolitan Center at Florida International University or choose
to have the City Commission Districts remain as is.
Dr. Dario Moreno, Director of the Metropolitan Center at Florida International
University, pointed out the City of Boynton Beach Charter requires every four years district
boundaries be designated, prepared and identified. One of the legal requirements is that all
districts are within a 10% standard deviation of population to ensure one man, one vote. Also
compact and proportionate districts are required respecting the boundaries of traditional
neighborhoods and diversity. The districts, when possible, should be contiguous and compact.
Mr. Moreno stressed that the redistricting is required every four years; however, the law
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requires the use of the 2000 census with 60,389 people. Since then five annexations have been
completed that need to be included in the redistricting.
Commissioner Ensler questioned the principles discussed and if an option would be to keep the
current boundaries as they are currently and the criteria is met. He was concerned about the
possibility of dividing some precincts. Mr. Moreno confirmed that was true, unless the current
plan was continued. He indicated the current plan and the Alternative #1 would not break up
any neighborhoods. Alternative #2 breaks up three neighborhoods and Alternative #3 breaks
up two neighborhoods.
Commissioner McCray asked for a definition of non-discriminatory for minorities. Mr. Moreno
responded there would be dilution of minority voting rights. Minorities would include African-
American and Hispanics as the traditional classes identified by court rulings. Commissioner
McCray asked if Haitian-American would be included and Mr. Moreno indicated they would be
included also.
Dr. Dario Gonzalez, Metropolitan Center at Florida Atlantic University, presented a
slide show and discussed the current and various alternative plans developed by the Center. A
copy of the presentation is on file in the City Clerk's office. He noted the annexations after the
2000 census increased the population to 61,180 which would compute to a target population
for each district of 15,295. The standard allowable deviation is 10% so all the proposed plans
are possible. The current plan has a deviation of 9.31 %. Alternative Plan 1 balances the
population differences between Districts 1 and 4 with minimal changes to District 3 and a
deviation of 6.21%. Only the Central Business District would be split between two districts.
Alternative Plan #2 would have a deviation of 6.21% and also balances the population
differences between Districts 1 and 4. There would be slight changes to Districts 2 and 3. The
communities of Palm Beach Leisureville, Historic Boynton Heights and Bowers Park would be
split between Districts. Alternative Plan #3 would have a deviation 6.67% and would split the
communities of Laurel Hills and Coastal Towers among Districts. Dr. Gonzalez noted by 2010
Districts 3 and 4 will represent over 57% of the population.
The findings of the research team included the following:
0/ The current and all alternative plans meet the legal requirements of redistricting.
0/ None of the plans will adequately address the projected growth past 2010.
0/ The City Charter should be amended to require redistricting only after the
decennial Census.
Dr. Moreno cautioned the growth in District 4 will require redistricting by 2010 no matter what
plan is adopted. The other issue Dr. Moreno felt should be addressed is the use of Census data
only and redistricting every ten years.
Commissioner Ensler asked who would bear the costs of breaking the precincts. Dr. Moreno
replied the City would bear some of the costs and the Palm Beach Elections office had not been
responsive to his requests for a cost analysis. Commissioner Ensler projected the cost of
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December 6, 2005
redistricting every four years plus the cost of the contract with the Center would be saved if the
redistricting were done every ten years.
Commissioner McCray questioned if the change should reflect every ten years or after every
Census rather than the four years. Mr. Bressner answered the Charter would need to be
amended and the voters would consider if the Charter should be changed to use of the
decennial Census only for redistricting purposes.
Commissioner Ensler felt it would be appropriate to only use the Census data because the only
other allowable change to the population figure would be annexations. The new developments
would not be counted until the decennial Census.
Commissioner McCray asked if the Commission could make the change or the voters. Attorney
Cherof advised the change could be initiated by an ordinance calling for a referendum vote.
Commissioner Ferguson felt Alternative #1 was the best solution to the current problem.
Motion
Commissioner Ferguson moved to accept Alternative# 1.
Mayor Taylor contended since we are within the boundaries of our current status and
population, a change should not be made that would incur additional expense and confusion.
Commissioner Ferguson remembered a change in the southeast end was supposed to have
been made when the last redistricting took place.
Commissioner McCray indicated he was in favor of Alternative #1 also.
Commissioner Ensler preferred the status quo continue to save money and avoid confusion.
Any changes could be properly done after the next Census when new population figures will be
more accurate.
Vice Mayor McKoy agreed the current plan should continue to be used.
Commissioner McCray seconded the motion to accept Alternative #1.
Vote
Motion failed 2-3. (Mayor Taylor, Vice Mayor McKoy and Commissioner Ensler dissenting.)
Motion
Vice Mayor McKoy moved to not make any changes and wait for the new Census.
Commissioner Ensler seconded the motion. Motion passed 3-2. (Commissioners Ferguson and
McCray dissenting.)
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b. Authorize the City Attorney to draft an ordinance to call for a
referendum election to consider whether to change Article 2 of
the City Charter, Section 17(g) to require a geographic review of
voting districts every ten (10) years as opposed to the current
four (4) year requirement.
Motion
Commissioner Ferguson moved to approve an ordinance calling for a referendum changing the
redistrict review to every ten (10) years. Vice Mayor McKoy seconded the motion. Motion
passed unanimously.
3. Presentation by Tony Newbold of Florida Power and Light of check for
$20,000 for Old High School Restoration.
Mr. Newbold recalled his tenure as Chairman of the Boynton Beach Chamber of Commerce and
the plans for the future of Boynton Beach. The Old High School was considered a viable anchor
for the community to create a cultured environment. Mr. Newbold continued to pursue
opportunities to partner with the City to refurbish the Old High School. He presented a check to
Mayor Taylor for $20,000 from Florida Power and Light (FP&L) to assist with the Old High
School restoration. Mayor Taylor expressed the City and Commission's appreciation to FP&L for
the donation. Commissioner Ensler added Florida Power and Light also made a contribution to
the Eternal Flame Memorial for the City and veterans.
4. Presentation by Vice Mayor Carl McKoy concerning Florida League of
Cities Legislative Priorities.
Vice Mayor McKoy attended the Florida League of Cities Legislative Conference to set legislative
priorities for the upcoming sessions in Tallahassee. He explained the Florida League of Cities
supports local municipalities at the state and federal level and assists local officials with training,
education and information on cost effective programs for local government. The priorities set
were:
. The municipal finance and taxation with alternative funding options for
responding to declared disasters;
. The use of Redevelopment Agencies to create and effectively use the powers of
eminent domain to revitalize urban areas;
. The funding of transportation infrastructures;
. Preserve the dedicated documentary stamp collection as the source of funding for
the housing trust fund;
. The League will facilitate the ability of impaired waters to meet or exceed state
water quality standards;
. Support the distribution of fine amounts for Driving Under the Influence (DUI) or
other chemical substances; and
. The League will support a unified, comprehensive Workers Compensation system
for all municipal employees regardless of classification at a reasonable cost to
employees.
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Vice Mayor McKoy encouraged anyone with concerns on the initiatives mentioned to contact
their state representatives. Mayor Taylor added the Florida League of Cities includes all 37
municipalities in Palm Beach County giving more clout to the area's state funding agenda.
5. Presentation by Dr. Judy Garcia of Palm Beach County School District
regarding support for cultural and educational center at The Educational
Network (T.E.N.) site in Boynton Beach. Authorize letter of support from
the Mayor and City Commission supporting the District's application for a
center.
Dr. Garcia works at the facility on Congress Avenue that produces television programming that
serves their students and the community at large. She identifies areas of need and creates
programming courses offered by video to allow students to succeed as adults in the community.
Dr. Garcia found the study of Mandarin Chinese essential based on the influence of China
worldwide in economic and political influence. The course has been ongoing for two years with
the help and support of the Sister Cities program in Boynton Beach. Dr. Garcia reported China
is establishing Confucius Institutes throughout the world to create a bilingual population. Ten
of the Institutes will be in the United States and The Palm Beach County School District has
applied to be one of the locations selected. The distance learning programs developed
hopefully will be both nationally and internationally available. Dr. Garcia related a delegation
from China would be coming December 12th and she asked for the City's support of the School
District's efforts in the final step of the application process.
Mayor Taylor summarized her request as a letter of endorsement, involvement of the Sister
Cities Committee and possible staff support. He asked what staff support would entail. Dr.
Garcia explained it would only require loyal support since funding will be received from China
for any necessary support staff. Commissioner Ensler inquired if the program would have a
positive economic impact. Dr. Garcia indicated the World Trade Organization of the Palm
Beaches has indicated their support realizing the potential for development. Florida
International University had also made application for consideration.
Vice Mayor McKoy wondered if any property would be needed. The Congress Avenue facility
would be used as much as possible according to Dr. Garcia.
Motion
Commissioner McCray moved to give a ietter of support and seek a letter of endorsement from
the Governor. Vice Mayor McKoy seconded the motion. The motion passed unanimously.
(This item was taken out of order.)
XI. NEW BUSINESS:
F. Review possible intervention in City of Boca Raton and City of Delray Beach vs.
Palm Beach County lawsuit involving diversion of County General Fund revenues
for payment of County Fire/Rescue dispatch. Review proposed legislation
sponsored by the Palm Beach County League of Cities.
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Mr. Bressner explained there were two issues for consideration. First is supporting the
legislation and the Palm Beach County League of Cities with a proposed legislative cure to a
perceived imbalance with the County using the MSTU funds for County dispatch purposes.
Lisa Tropepe, Commissioner from Palm Beach Shores and a Member of the League
of Cities and Board of Directors, Chair of the Home Rule Committee, stressed this is
very serious matter for property owners. All property owners are paying for the County
dispatch services and also paying for Boynton Beach dispatch services. Ms. Tropepe explained
previously only those who used the County dispatch services paid for the service. She urged
the City to support the local bill and intervene in the pending law suit commenced by the cities
of Delray and Boca who have agreed to fund all the associated costs.
Commissioner McCray asked the City Attorney how much a filing fee would be. City Attorney
Cherof advised there would not be a filing fee for a motion to intervene. Mayor Taylor asked
how many municipalities do not have their own dispatch system. Ms. Tropepe thought
Manalapan and Lantana both use the County dispatch and the unincorporated areas.
Vice Mayor McKoy, who also serves as the 1st Vice President of the Palm Beach County League
of Cities, asserted the full membership supports the action. Double taxation dates back as far
as the Boston Tea Party and Vice Mayor McKoy felt it would be a disservice to the citizens to
take no action.
Motion
Vice Mayor McKoy moved to join in the lawsuit and support the legislation and continue to have
Home Rule without double taxation. Commissioner McCray seconded the motion.
Mayor Taylor clarified the first option was to actively join the lawsuit as a plaintiff and support
legislation. The second option would be to provide support to the lawsuit effort via the motion
to intervene at a limited cost to the City and support legislation. The third option would support
legislation only and the fourth option is to do nothing.
Vice Mayor McKoy declared his motion mirrored the second option to provide support to the
lawsuit effort via the motion to intervene at a limited cost to the City and support legislation.
Commissioner McCray reaffirmed his second to the motion. Motion passed unanimously.
IV. PUBLIC AUDIENCE:
INDMDUAL 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)
Don Johnson, Boynton Beach Plans Examiner, asked when the salary study would be
brought before the Commission for approval. He pointed out a salary study had not been done
for over eight years. In April, 2004, Mr. Johnson had requested a salary study be completed for
the Building Division employees because the Division was in a critical situation of losing
employees. Mr. Johnson felt the current pay scale would not attract a higher caliber of
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employees for the citizens and business community. He alleged there were two open positions
that have not been filled and four new positions approved for the 2005-2006 budget, currently
frozen due to the salary study. Mr. Johnson contended the Building Division is swamped with
permit requests, inspections and hurricane reassessments. The current operating budget for the
Division is $1,453,511 and the revenue for the last year was $6,796,326 which covers the
Division expenses. Mayor Taylor responded the salary study would be brought before the
Commission at the January 17th meeting. Mr. Bressner added the four positions alleged to be
frozen can be filled at the current pay range. Mr. Johnson indicated any help would be greatly
appreciated.
Nathanial McGrady, 111 NE 18th Avenue, talked about the possibility of a cost of living
increase for all retirees. He indicated he has received checks for 14 years and his retirement
pay has not kept up with inflation. He contended the City of Boynton Beach does nothing for
the retirees. Mr. McGrady alleged the City gave retirees a raise last year but did not this year,
and 22 retirees have received a raise every year back to 1980. He requested a list of the
names of those 22 retirees.
Mr. Bressner explained the raise was actually a 13th check which had been approved by the
Pension Board and City Commission. The check represents investment earnings over the 8%
return that is distributed on a formula to retirees. The pension formula does not include an
annual cost of living escalator. Mr. Bressner suggested the 22 retirees Mr. McGrady referred to
could be individuals who paid for supplemental coverage.
Mr. McGrady said in the 36 years he had worked for the City, no one had told him about paying
in any amounts and he did not believe Mr. Bressner. The Mayor informed Mr. McGrady
everything is in writing and he could review the plan if he desired.
Mr. Bressner informed Mr. McGrady there would be a 13th check this year according to the
General Employees' Pension Board decision.
Sharon Munley, President of Local 1227, spoke representing the white and blue collar
workers in the City. She related that on November 29th the Union held a vote of confidence or
no confidence for the City Manager. The vote was unanimous for no confidence with 99 of the
possible 194 votes cast. She contended, over time, comments had been made by management
trying to convince the Commission the only disgruntled employees were the stewards who
speak at the meetings. Complaints made to the Union include discipline without just cause and
valid grievances being denied pushing the Union to arbitration, only to be settled before the
actual arbitration. She contended no training or incentives to be better workers had been
offered to the employees. Ms. Munley alleged the performance appraisal process is flawed and
unfair and fails to advise the employee what necessary improvements are required. She felt
directors had been hired without labor relations skills. The delay of labor negotiations has been
an ongoing concern. Stewards have made many suggestions and none have been
implemented. Ms. Munley referred to the investigation of a chief union leader regarding call out
as unfounded. She also related one of the worst sewage spills happened under Mr. Bressner's
leadership. Ms. Munley asked the Commission to make changes such as respect for the
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workers, timely contract negotiations and if Mr. Bressner cannot make the changes, then Mr.
Bressner should be changed out.
Dieunet DeMosthenes, 7359 Willow Springs Circle South, a junior at Palm Beach Florida
Atlantic University spoke regarding six ongoing programs to help the Haitian community. One is
a youth prevention tutorial program directed toward seniors who did not pass the FCAT testing
for a diploma. After completing the program, five passed and two failed by a slight margin.
Mr. DeMosthenes requested the City help financially so the program can be expanded to a year-
round after school program. Mayor Taylor inquired where the current revenue is obtained. Mr.
DeMosthenes indicated the program was self supported. Commissioner McCray asked what
other organizations or entities had been contacted for funding such as the United Way. Mr.
DeMosthenes replied other avenues had unsuccessfully been pursued. Mayor Taylor inquired if
the program had been licensed under 501( c)(3) and Mr. DeMosthenes confirmed he was
licensed.
Ann Marie laRosa, Palmland Drive, Chanteclair Villas, objected to the cost and
requirement of fingerprinting by the Palm Beach County School District. She also complained
about a large pothole in the shopping center where TJ Maxx is located that damages cars
passing through. Mayor Taylor suggested the Public Works Department investigate the
problem.
Mike Parker, 502 Sunshine Drive, Delray Beach, related he and his family owned
properties at 603, 607, 418, 508, 103, 105 and 106 all fronting on Seacrest and also two
incorporated business located in the City. The properties at 603 and 607 North Seacrest Blvd.
are affected by the moratorium placed on commercial development on the west side of Seacrest
Blvd. in the Heart of Boynton. The property had been purchased for the purpose of having an
office at the location. Mr. Parker had met with City officials and discussed compensation for the
devaluation of his property due to the restrictions of use. He had been told that appraisals
would be done for the purpose of negotiating compensation issues. Mr. Parker indicated he has
now been told no compensation would be negotiated and the filing of a lawsuit would be
necessary to try for compensation from the City for devaluation of the land. The property is
currently useless due to the moratorium and cannot be sold. He wondered how other private
landowners had been treated in other rezoned areas. Mr. Parker requested a meeting with a
representative from the City Manager's office, CRA and Mr. Quintus Greene, to resolve the
situation before the end of the year with sufficient notice to contact his legal counsel to be
present.
Herb Suss, Wood Fern Drive, talked about the CERT program and the possible pandemic
from bird flu. He asked the City check out the available programs to be prepared in advance
and protect the citizens.
Toby Athol, President of the Police Union, addressed the Commission regarding dealings
with the City Manager over the past year. He acknowledged face to face meetings had been
held with Mr. Bressner and he did put forth great effort to address the issues. Mr. Athol felt the
termination of Chief Gage and subsequent appointment of Chief Immler has greatly enhanced
the morale at the Police Department. He pointed out a year ago it was almost impossible to
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recruit officers and presently the Department is almost at capacity including officers returning to
the Department due to the new working conditions. He thanked Mr. Bressner and applauded
his efforts to return the Police Department to a top notch agency. He expressed his opinion
that communication through all levels is necessary to blend positions for public service.
Chuck Magazine, 556 SE 28th Avenue, Risk Manager of the City, felt Ms. Munley should
apologize to Mr. Bressner for her accusation that a major sewer line break was totally his
responsibility .
Anne Smith, 4 Velaire Drive, commended the employees for their work efforts during the
hurricane and loyalty to the City and its citizens. She did not understand why the sewer
problems had not been mentioned in the hurricane updates and why the employees had no
input in the data reported in the updates. Ms. Smith referred to the use of the generator to
make ice for the citizens that could have been used at the lift stations. She felt the employees
out on the streets were trying to help the citizens and cared more about the citizens than those
employees at the Emergency Operations Center.
Mike Osborne, 3712 Coelbs Avenue, commented on the presentation he had made at the
last meeting. He clarified his point that the Department had gone 21 months without a director
and utilized a dysfunctional management team and a consultant. Mr. Osborne reported many
employees were leaving the City to work for other municipalities that paid more wages. He
understood the newly created Assistant to the City Manager position had already been filled
while the Water Treatment Plant still had three open positions from the previous year. He
questioned the reason for the delay in the job postings for the Water Department. Mr. Osborne
complained Mr. Bressner would not meet with employees to discuss their concerns and
suggestions. He also felt employees were harassed and yet managers were held harmless.
Detective Sergeant Gary Chapman, PBA Representative, related his experience in
working in the Emergency Operations Center (EOC) during the last hurricane. He understood
and agreed that communication with the blue collar workers is an issue to be addressed. He
also felt the City does not have to do everything the union workers want done. However, the
efforts in the EOC, in his experience, were extraordinary among all departments as a team.
Detective Chapman felt an effort needed to be made to work together daily and move forward.
He did commend the City Manager and his staff at the Emergency Operations Center for a job
well done.
Dean Kinser, President Local 1891, Professional Firefighters and Paramedics,
appeared to discuss issues relating to the City Manager. He indicated difficult labor relations
issues have successfully been dealt with by Mr. Bressner and commended his perseverance to
resolve the issues. Mr. Kinser indicated many members of Local 1891 were present to support
the City Manager and his action and diligence in dealing with labor issues within the City.
Mayor Taylor closed the public audience.
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Mayor Taylor further explained that labor management relations and contract rules are set by
the Commission and Mr. Bressner simply offers what the Commission allows to be offered. He
stressed the Commission decides the parameters and the City Manager is not solely responsible.
Mayor Taylor also addressed the issue raised on the generator used to make ice for the citizens
during Hurricane Wilma. He emphasized the ultimate decision to use the generator for ice was
made by him while he was at the EOC.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made
Mayor
I
II
III
Taylor
Ensler
McCray
Ferguson
Board
Length of Term
EXDiration Date
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Alt
Alt
Reg
Reg
1 yr term to 4/06(3)
1 yr term to 4/06(3)
1 yr term to 4/06
1 yr term to 4/07
All appointments were tabled.
II
McCray
Arts Commission
Alt.
1 yr term to 4/06(3)
Commissioner McCray moved to appoint Nubia Richman to the Arts Commission. Commissioner
Ferguson seconded the motion. Motion passed unanimously.
III
Ferguson
Building Bd. of Adj. & Apls.
Reg
3 yr term to 4/06
Commissioner Ferguson moved to appoint Robert Rice to the Building Board of Adjustment and
Appeals. Vice Mayor McKoy seconded the motion. Motion passed unanimously.
IV
McKoy
Appointment tabled.
II
IV
McCray
McKoy
Appointments tabled.
IV
McKoy
Appointment tabled.
II
McCray
Appointment tabled.
Cemetery Board
Alt
1 yr term to 4/06(3)
Code Compliance Board
Code Compliance Board
Alt
Alt
1 yr term to 4/06(3)
1 yr term to 4/06
Education Advisory Board
Alt
1 yr term to 4/06(3)
Library Board
Alt
1 yr term to 4/06(3)
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I
Ensler
Veterans Advisory Commission
Alt
1 yr term to 4/06(3)
Commissioner Ensler moved to appoint Harvey Oyer to an Alternate position on the Veterans
Advisory Commission. Commissioner McCray seconded the motion. Motion passed
unanimously.
II
McCray
Veterans Advisory Commission
Alt
1 yr term to 4/06(3)
Appointment tabled.
III
Ferguson
Veterans Advisory Commission
Reg
1 yr term to 4/06
Commissioner Ferguson moved
Veterans Advisory Commission.
unanimously.
to appoint Cramer Hegeman as a Regular Member of the
Commissioner McCray seconded the motion. Motion passed
IV
McKoy
Employees' Pension Board
Reg
3 yr term to 4/08
Appointment tabled.
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. Regular City Commission - November 15, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Multi-award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND
JANITORIAL SUPPLIES", Bid #061-1412-05/JA, on an overall basis to the
lowest most responsive, responsible bidder who meets all specifications
with an estimated annual amount of $48,000.00.
Commissioner McCray pulled item VI.B.1 for discussion.
C. Resolutions:
1. Proposed Resolution No. R05-196 RE: Approving and
authorizing execution of the Flow Easement Agreement with the South
Central Wastewater Treatment and Disposal Board. (SCRWTDB)
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2. Proposed Resolution of No. R05-197 RE: Approving and
authorizing the South Central Wastewater Treatment and Disposal Board
(SCRWTDB) Sixth Amendment to Interlocal Agreement.
Commissioner Ensler pulled item VI.C.2 for discussion.
3. Proposed Resolution No. R05-198 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board action of November 17, 2005.
a. Authorization to enter into agreement with Florida Water
Environmental Association Utility Council to allow NOAA to
perform dye tracer study on the Gulfstream Reef in the amount of
$189,000. Cost to be split 50/50 from each City's Capital Fund.
b. Authorization to approve modification of Hazen and Sawyer task
order 04-061 for reclaim expansion in the amount of $97,760
increasing the total task order amount to $537,760 to be split
50/50 from each City's Capital Fund.
c. Authorization to enter into contract with Interstate Engineering
Corp. in the amount of $1,489,000 to construct a 3 million gallon
reuse water storage tank, associated piping and pumps. Cost to
be split 50/50 from each City's Capital Fund.
d. Authorization for Chairman to enter into contract DG061158 with
South Florida Management District for reuse project in the amount
of $1,493.590.00.
e. Authorization for the Chairman to accept Hazen and Sawyer's
work order 06-001 to provide consulting services in the amount of
$26,908 for reclaimed water distribution system hydraulic model.
4. Proposed Resolution No. R05-199 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Consuelo Lomeli-McAloon for the property at 4579 Woodmere
Ln, Lake Worth, FL (Unincorporated Palm Beach County)
5. Proposed Resolution No. R05-200 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Kathleen M. King for the property at 1094 Peak Rd., Lake
Worth, FL (Ridge Grove Add No 1 LT 229).
6. Proposed Resolution No. ROS-201 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
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Boynton Beach, Florida
December 6, 2005
Limits with Peter M. Lipski for the property at 1183 Ridge Rd., Lake
Worth, FL (Ridge Grove LT 113 & E V2 of LT 114).
7. Proposed Resolution No. R05-202 RE: Ratifying the
agreement between the City of Boynton Beach and the National
Conference of Fireman and Oilers, SEIU, AFL-CIO, CLC, Local 1227, Blue
Collar Bargaining Unit for the period of October 1, 2004 through
September 30, 2007.
Commissioner McCray pulled item VI.C.7 for discussion.
8. Proposed Resolution No. R05-203 RE: Approving and
authorizing execution of Amendment #1 and Amendment #2 to Task
Order #17, CH2M Hill, for a total of $123,515.00.
D. Ratification of Planning & Development Board Action:
1. Nautica (MPMD 05-012) Request for Master Plan Modification of the
Nautica PUD to allow swimming pools on "Z" lot line parcels.
Commissioner McCray pulled item VI.D.1 for discussion.
2. Forum Professional Center (MSPM 05-012) Request for Major Site
Plan Modification to the Forum Shoppes to add a 20,000 square foot
professional office building and related site improvements on a 1.80 acre
portion of a 6.55 acre shopping center zoned C-3 Community
Commercial.
3. Southeast Neighborhood Park (NWSP 05-029) Request for New
Site Plan approval for a neighborhood park to include basketball courts,
open play field, playground, picnic area, walking paths and a parking lot
on 2.3 acres.
Commissioner Ensler pulled items VI. D. 2 and 3 for discussion.
E. Ratification of CRA Action:
None
F. Approve the purchase from Innovative Data Solutions of new software for
document management at a cost of $5,950.00.
G. Approve Change Order #4 for the Library Expansion Project in the amount of
$462,328 to cover cost escalations to the Contractor from subcontractors.
Commissioner McCray pulled item VI.G for discussion.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
H. Approve the purchase from American Aluminum Accessories, Inc. for a transport
cage at a cost of $7,017.00. Funds are from the Federal Treasury Forfeiture
Fund.
I. Authorize the use of $2,000 of Commissioner Mack McCray's Community Investment
Funds to the Boynton Beach Faith Based CDC.
Motion
Commissioner Ferguson moved to approve all consent agenda items with the exception of those
pulled for discussion. Commissioner McCray seconded the motion. Motion passed
unanimously.
Commissioner Ferguson requested a short recess. Mayor Taylor recessed the meeting for five
minutes.
Recessed at 8:26 p.m.
Reconvened at 8:36 p.m.
Mayor Taylor reconvened the meeting at 8:36 p.m.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Multi-award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND
JANITORIAL SUPPLIES", Bid #061-1412-05/JA, on an overall basis to the
lowest most responsive, responsible bidder who meets all specifications
with an estimated annual amount of $48,000.00.
Commissioner McCray inquired if after two years the contract can be renegotiated or can it go
out for bid again.
Bill Mummert, Director of Finance, explained the contract had a one year extension provision
and after that extension was completed the contract would again go out for bids.
Motion
Commissioner McCray moved to approve item VI.B.1. Commissioner Ferguson seconded the
motion. Motion passed unanimously.
C.2. Proposed Resolution of No. R05-197 RE: Approving and
authorizing the South Central Wastewater Treatment and Disposal Board
(SCRWTDB) Sixth Amendment to Interlocal Agreement.
Commissioner Ensler suggested the Resolution reflect the City of Boynton Beach is using 100%
of the reclaimed water and second, "disposal" of affluent water should be "use" of affluent
water.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Motion
Commissioner Ensler moved to approve item VI.C.2 as amended. Commissioner McCray
seconded the motion. Motion passed unanimously.
C.7. Proposed Resolution No. R05-202 RE: Ratifying the
agreement between the City of Boynton Beach and the National
Conference of Fireman and Oilers, SEIU, AFL-CIO, CLC, Local 1227, Blue
Collar Bargaining Unit for the period of October 1, 2004 through
September 30, 2007.
Commissioner McCray noted the contract has a period of October 1, 2004 through September
30, 2007 and he wanted assurance that all parties agreed with the terms of the contract. Mr.
Bressner noted the employees had voted to ratify the contract. It had been brought before the
Commission after the impasse discussions and was before the Commission for ratification.
Motion
Commissioner McCray moved to approve item VI.C.7. Vice Mayor McKoy seconded the motion.
Discussion
Commissioner Ferguson commented he had voted reluctantly to approve the white collar
contract because of the retroactive provision and would do the same with the blue collar
contract. He expressed the hope all future contracts could be negotiated and approved before
they ta ke effect.
Mayor Taylor agreed and felt the Commission had made their position clear through all three
contracts that the preference would be for the contracts to be settled in a timely fashion
without the necessity of retroactivity clauses.
Commissioner Ensler felt it was an admirable target; however, none of the employees should be
penalized because there is a problem reaching an agreement.
Vote
Motion passed unanimously.
D. Ratification of Planning & Development Board Action:
1. Nautica (MPMD 05-012) Request for Master Plan Modification of the
Nautica PUD to allow swimming pools on "Z" lot line parcels.
Commissioner McCray asked staff how many properties or lots this would affect with "Z" lot line
parcels. Ed Breese, Principal Planner, replied less than 50% of the homes would be impacted.
Commissioner McCray further inquired if the modification remained within the Master Plan of
the City of Boynton Beach. Mr. Breese replied Nautica had its own Master Plan and regulations.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
This would be extending the regulations to include pools. There would be no impact on the
City's Master Plan.
Motion
Commissioner McCray moved to approve item VI.D.1. Vice Mayor McKoy seconded the motion.
Commissioner Ensler requested the public be allowed to address the issue since the item is
quasi-judicial.
Mayor Taylor opened the matter for comment by the public. No one came forward to address
the request.
Vote
Motion passed unanimously.
0.2. Forum Professional Center (MSPM 05-012) Request for Major Site
Plan Modification to the Forum Shoppes to add a 20,000 square foot
professional office building and related site improvements on a 1.80 acre
portion of a 6.55 acre shopping center zoned C-3 Community
Commercial.
Mayor Taylor asked for a brief overview from staff for the benefit of the public.
Mr. Breese explained the request is for a 20,000 square foot shopping center located 200 feet
east of Congress Avenue on Ocean Drive. Staff recommended approval.
Mayor Taylor opened the matter for comment by the public. No one came forward to address
the request.
Motion
Commissioner Ferguson moved to approve item VI.D.2. Commissioner Ensler seconded the
motion. Motion passed unanimously.
0.3. Southeast Neighborhood Park (NWSP 05-029) Request for New
Site Plan approval for a neighborhood park to include basketball courts,
open play field, playground, picnic area, walking paths and a parking lot
on 2.3 acres.
Ed Breese, Principal Planner, explained the site is located at 2882 SE 2nd Street, south of 23rd
Avenue on the west side of the FEC railroad. It is for a passive park on 2.34 acres. Staff
recommended approval.
Mayor Taylor opened the matter for comment by the public. No one came forward to address
the request.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida December 6, 2005
Motion
Commissioner Ferguson moved to approve item VI.D.3. Commissioner Ensler seconded the
motion. Motion passed unanimously.
G. Approve Change Order #4 for the Library Expansion Project in the amount of
$462,328 to cover cost escalations to the Contractor from subcontractors.
Commissioner McCray reminded everyone he had predicted the Library would have overrides of
$lM. He was not against building the Library but wanted the City to recognize he was on
target with his prediction. Commissioner McCray expressed his appreciation for the comments
and backup provided by staff.
Motion
Commissioner McCray moved to approve item VI.G. Commissioner Ferguson seconded the
motion.
Discussion
Commissioner Ensler asked for the amount the project had exceeded the amount the City had
original anticipated. The contractor projected, with one additional change order forthcoming, it
would be 13%. Mr. Bressner added the $500,000 grant monies had been allocated for
furnishings.
Vote
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 PUBUC HEAIUNGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Description:
Spotts Abandonment (ABAN 05-007)
Daniel Spotts
Daniel Spotts
805 North Federal Highway
Request for abandonment of a portion of a 20 foot wide right-of-
way west of North Federal Highway abutting the Florida East
Coast Railway. (1st reading Proposed Ordinance No. 05-066)
(Tabled to 12/6/05)
Motion
Commissioner McCray moved to remove the item from the table. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Attorney Cherof administered an oath to anyone presenting testimony and gave a brief
explanation of the procedure to be followed.
Ed Breese, Principal Planner, outlined the applicant's request to abandon a portion of an
alleyway the abuts his property at 805 North Federal Highway running north and south adjacent
to the property and the FEC Railroad. The parcel is 20 feet wide and 50 feet long. Other
portions of the alley have previously been abandoned. Staff recommends the approval of the
abandonment with the retention of a utility easement.
Daniel Spotts, applicant, agreed with the comments and a utility easement for City of
Boynton Beach water.
Mayor Taylor opened the matter for comment by the public.
Michael Fitzpatrick, 175 SW 2nd Street, commented for years he has been pushing for
greenways and the City would be giving this away. He asked where the greenways and
bikeways would be.
No one else came forward to address the issue.
Commissioner McCray requested input on what would be placed on the abandoned property.
Mr. Spotts responded it would be a managed landscape area. There is an easement so nothing
could be built except a landscape buffer.
Attorney Cherof read Proposed Ordinance No. 05-066 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-066. Vice Mayor McKoy
seconded the motion.
Discussion
Commissioner Ensler asked if the approval could be conditioned based on the comments of
Commissioner McCray regarding the use. Attorney Cherof advised there were already
conditions of approval, but the Ordinance, itself, contains no conditions. Once abandoned there
would be no reserved interest.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B.
Project:
Agent:
Owner:
Location:
Estancia @Boynton Beach (LUAR 05-009)
Carlos Ballbe, Keith & Ballbe, Inc.
HHC Boynton LLC
3010 South Federal Highway (East side of Federal Highway,
approximately 300 feet south of intersection of Federal Highway
and Old Dixie Highway
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Description: Request to amend the Comprehensive Plan Future Land Use Map
from High Density Residential (HDR) and Low Density Residential
(LOR) to Special High Density Residential (SHDR). (1st reading
of Proposed Ordinance No. 05-070)
Request to rezone from Planned Unit Development (PUD) and R-
1-AA Single Family Residential to Infill Planned Unit Development
(IPUD). (1st reading of Proposed Ordinance No. 05-071)
Proposed Use: Townhouse community containing 30 residential units.
1. Estancia @ Boynton Beach (NWSP 05-026) Request for new site
plan approval to construct 30 townhouse units and related site
improvements on 2.65-acres to be rezoned Infill Planned Unit
Development (IPUD).
Mayor Taylor suggested the three items relating to Estancia be heard together and the
applicant had no objection.
Attorney Cherof administered the oath to all those testifying and gave a brief explanation of the
procedure to be followed. He asked the Commission to disclose contacts with any interested
parties and none were shared.
Carlos Ballbe, 4401 West Tradewinds Avenue, indicated the project was on 2.65 acres on
Bamboo Lane known as the former Lofts property. The proposal is to build a townhouse
community with 30 units, three stories, and two car garages ranging from 1,900 to 2,300
square feet under air. Mr. Ballbe concurred with all the conditions of approval.
Commissioner Ensler inquired about the agreement with adjacent property owners regarding
the water service. Mr. Ballbe confirmed all landowners had agreed to be hooked up for City
water, including compensating some owners who had previously connected to the water
system. Commissioner Ensler also asked if comment 39 would be complied with and Mr. Ballbe
agreed the utilities would be underground.
Mayor Taylor opened the issue to public audience in support of the application. No one came
forward.
Dick Hudson, Senior Planner, notified the Commission this was a request to amend Future Land
Use Regulations to Special High Density Residential and rezone to Infill Planned Unit
Development. Thirty dwelling units have been proposed with a gross density of 11.32 units
requiring a special high density. Mr. Hudson indicated the project was consistent with the
Comprehensive Plan and the criteria of the Land Development Regulations had been met. The
land use amendment and rezoning should be approved.
Mayor Taylor opened the issue to public audience in opposition to the application. No one
came forward.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Attorney Cherof read Proposed Ordinance No. 05-070 by titled only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-070. Commissioner
McCray seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cherof read Proposed Ordinance 05-071 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance 05-071. Commissioner Ferguson
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cherof advised the application for New Site Plan approval should be held and
approved in conjunction with the 2nd reading of the previous Ordinances.
Motion
Commissioner Ferguson moved to table item VIII.B.1 to the January 3, 2006 meeting. Vice
Mayor McCray seconded the motion. Motion passed unanimously.
c.
Project:
Agent:
Descri ption:
Evaluation and Appraisal Report (EAR)
Staff-initiated
Presentation of final EAR prepared pursuant to Section 163.3191
F.S. and to be ultimately adopted by the City Commission and
transmitted to the Florida Department of Community Affairs.
(Proposed Resolution No. R05-204)
Dick Hudson, Senior Planner, presented the report required by statute to review the
Comprehensive Plan approximately every seven years. The last EAR was adopted in 1986 and
the subsequent amendments were adopted in the year 2000. The Planning and Development
Board and Community Redevelopment Agency have reviewed the report also. Clarification of
the future availability of waste water use and footnotes for additional explanation of various
charts were added to the final report. Once adopted the Report would be transmitted to the
state and the review agency, which will have 90 days to issue a finding of sufficiency. One year
thereafter the City would have to develop the EAR based amendments to the Comprehensive
Plan. If the Report is not adopted and transmitted, no further Land Use Amendments can
proceed.
Mayor Taylor opened the issue for public comment and no one came forward.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R05-204. Commissioner
McCray seconded the motion. Motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
E.
Project:
Agent:
Owner:
Location:
Description:
Gulfstream Gardens Phase II (AN EX 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
P .B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howard Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
Request to annex a 3.166 acre portion of the proposed project.
(Not heard by the CRA; to be postponed to the December
13, 2005 CRA Board meeting and January 3, 2006 City
Commission Meeting)
Gulfstream Gardens Phase II (LUAR 05-012)
Bradley Miller, Miller Land Planning Consultants, Inc.
P .B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howa rd Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial (GC), Local Retail Commercial (LCR) and
Commercial High Intensity (CH) (Palm Beach County) to Special
High Density Residential (SHDR). (Not heard by the CRA; to be
postponed to the December 13, 2005 CRA Board meeting
and January 3, 2006 City Commission Meeting)
Description: Request to rezone from C-3 Community Commercial and (CG)
Commercial General (Palm Beach County) to Planned Unit
Development (PUD)
Proposed Use: Phase II of a multi family residential development.
(Not heard by the CRA; to be postponed to the December
13, 2005 CRA Board meeting and January 3, 2006 City
Commission Meeting)
1. Gulfstream Gardens Phase II (NWSP 05-028) Request for new site
plan approval to construct 108 townhouse units on a 5.47 acre parcel in
the Planned Unit Development (PUD) zoning district. (Not heard by the
CRA; to be postponed to the December 13, 2005 CRA Board
meeting and January 3, 2006 City Commission Meeting)
Motion
Commissioner Ferguson moved to table items VIII. 0, E and E.!. Commissioner McCray
seconded the motion. Motion passed unanimously.
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Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
F. Project: Riviera (LUAR 05-011)
Agent: James T. Barretta
Owner: Anand Patel
Location: 1330 South Federal Highway (Northeast corner of Federal
Highway and Riviera Drive)
Description: Request to amend the Comprehensive Plan Future Land Use Map
from Office Commercial (OC) to Mixed Use (MX), and to rezone
from C-1 Office Professional to Mixed Use-Low Intensity (MU-L)
Proposed Use: Mixed use project containing approximately 3,720 square feet of
office use, 420 square feet of retail use and 8 townhouses.
(Not heard by the CRA; to be re-advertised for future
meetings of the CRA Board and City Commission.)
1. Riviera (NWSP 05-027) Request for new site plan approval to
construct a mixed-use project consisting of approximately 3,720 square
feet of office, 420 square feet of retail, eight (8) townhouse units, and
selected site improvements on a 0.5 acre parcel in the Mixed Use-Low
Intensity (MU-L) zoning district. (Not heard by the CRA; to be re-
advertised for future meetings of the CRA Board and City
Commission)
Attorney Cherof advised items VIII.F and F.1 need to be removed from the agenda.
Motion
Commissioner McCray moved to remove items VIII.F and F.1 from the agenda. Vice Mayor
McKoy seconded the motion. Motion passed unanimously.
G.
Project:
Agent:
Owner:
Location:
Description:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Ave; approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88 acre site zoned M-1, Industrial.
Attorney Cherof administered an oath to anyone who would be testifying and gave a brief
explanation of procedures and decorum to be followed.
Commissioner Ensler revealed he had discussions with both parties regarding the issue. Mayor
Taylor indicated he had phone conversations with the applicant's agent. Several months ago
Vice Mayor McKoy had a conversation with the attorney. Commissioner McCray had not spoken
to any of the parties, but indicated Commissioner Ensler had spoken with Planning and
Development Board members at their meeting.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Pam Malone, 209 N. Seacrest Blvd., representing the applicant, indicated the parcel was
28,500 square feet with a residential area 250 feet away. The area is zoned M-1 and the
Comprehensive Plan Use is Industrial. The project is for a single story structure just under
4,600 square feet comprising 12% of the total site area with 29% used for landscaping. The
site will include 19 parking spaces, one being handicap. The elevation is designed to match the
buildings located to the south, including the roof materials and paint selections. Ms. Malone
pointed out the staff report shows the project meets all the requirements of a conditional use.
She indicated an agreement entered into with the adjacent property owner for an easement
makes ingress and egress easier from the property. The landscaping provides a dense barrier
to the carwash machinery and screens stacking and other car movements from view. Although
not required by the Code, a sound analysis was done and submitted to City staff. The City staff
had contacted the supplier directly and had been informed the project would require 10 blowers
and the analysis is based on the three outermost blowers. Ms. Malone pointed out eight
blowers would be used for the project with five internally and three externally.
Steve Boudreau, 275 Elliott Street, Beverly, MA, an independent consultant, was involved
in the carwash industry for 18 years, including 13 years as the CEO of the largest training
consultant firm serving the industry worldwide. On the issue of noise, a study had been done
working with the three end blowers because the blowers within the tunnel have a decibel of
only one or two. In his opinion, the study done by Joe Cuschieri is accurate and demonstrated
the neighbors 240 feet away would not hear the blowers. Mr. Boudreau had visited two other
carwashes within the City of Boynton Beach which had the same blowers from the same
manufacturer as the Rapido Rabbit Carwash. The Main Street Carwash has two blowers at the
end of the tunnel that could not be heard 62 feet beyond the tunnel. Also Motor City Carwash
operates two blowers inside the tunnel and two blowers outside that could not be heard 88 feet
beyond the end of the tunnel. Mr. Boudreau's opinion was that residents 240 feet from the
carwash would hear no noise from the carwash without factoring in the ambient noise at the
location.
Ms. Malone concluded the blowers would not be a noise factor and, in fact, Congress Avenue
noise and I-95 noise would be louder. She stressed no other carwash facility in the City of
Boynton Beach has ever been cited for a Code violation regarding noise. Also, other carwashes
within the City are closer to residential areas than the proposed carwash.
Condition of Approval #34 was the contested condition relating to the construction of a wall to
further dampen the noise on the north and east side of the property. Ms. Malone felt the wall
was not necessary and suggested a safety and security risk would be created and some of the
landscaping would be sacrificed. She emphasized the project will provide a needed service to
the citizens and tax dollars to the City, plus having met all 12 criteria for a conditional use.
Mayor Taylor opened the floor for questioning by the Commission and no questions were asked.
Anyone wishing to speak in support of the application was then permitted to speak.
Sergio Casaine, Jr., 13 Meadows Park Lane, and a member of the Planning and
Development Board spoke in support of the application. He indicated he had visited other sites
to assess the noise. The Motor City Carwash has a school across from the entrance and a
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
school on the east side, plus many homes; some as close as 50 feet. The noise is minimal, if
able to be heard at all in conjunction with the traffic noise. Mr. Casaine also felt the applicant's
vegetation barrier would be sufficient to buffer any noise and there would be no problem with
either traffic or aesthetics for the carwash. He was in favor of the carwash and recommended
approval of the project.
Lee Wische, 1382 SW 18th Street, and Chairman of the Planning and Development Board
reviewed the procedures of the Planning and Development Board and indicated the criteria for
approval should involve compliance with the zoning law, regulatory codes and ordinances and
agreement with staff comments. In his opinion the vote should relate to the project
specifications and not public sentiment. Mayor Taylor asked for clarification on the vote taken
at the Planning and Development Board meeting. Mr. Wische replied the vote was 4-3.
No one else coming forward to support the issue, Mayor Taylor asked for staff's comment.
Mike Rumpf, Planning and Zoning Director, limited his comments to the continued request of
staff to table the item for the purpose of clarification and review of further specifications still to
be provided by the applicant. The use of eight blowers has been documented and submitted to
staff, and yet the manufacturer recommends the use of ten blowers. He purported staff had
been requesting more information on the blowers including the number necessary and as yet
had not received the requested information. Also, Mr. Rumpf alleged there was no
documentation to support the concept that only the outdoor blowers should be used in the
noise analysis study.
(Commissioner Ferguson left the dais at 9:31 p.m.)
In addition, Mr. Rumpf contended the location of the blowers, one to the other, could be critical
to the measurement of amplification of the blower noise. The sound consultant had just
recently started the study relating to the use of 10 blowers for this project. The Senior Planner
and Mr. Rumpf had visited the Motor City Carwash and at a distance of 100 feet the blowers
could be easily heard and seen.
(Commissioner Ferguson returned to the dais at 9:33 p.m.)
Mr. Rumpf indicated more uncertainties had been found needing clarification and again
suggested the matter be tabled until more accurate information would be reviewed by staff. All
discrepancies need to be addressed and resolved, if possible. Mr. Rumpf reiterated his opinion
the application should be tabled.
Mayor Taylor opened the discussion to opponents of the applications.
Mike Morell, PO Box 18649, West Palm Beach spoke as a land use attorney representing
Dr. and Mrs. Christopher Chiodo and Mr. and Mrs. Christopher Maloney who reside in Golfview
Harbour. The Maloney home would be 240 feet north of the carwash and the Chiodos own a
vacant lot next to the Maloney residence. Mr. Morell presented three documents to be added to
the record and distributed to the Commission. The items are on file in the City Clerk's office.
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Minutes
Regular City Commission Meeting
Boynton Beach, Florida
December 6, 2005
Minutes of the Planning and Development Board and City Commission minutes from October
and November, 2003 relating to the Maroufs Carwash were asked to be included also. Copies
were not provided.
Mr. Morell gave an overview of his presentation and that of his clients who were going to speak
in opposition of the carwash. He indicated his clients had four requests of the Commission, two
being procedural and two substantive. First, send the matter back to the Planning and
Development Board for further review. Second, continue the matter for at least one month.
Third, deny the petition for conditional use and site plan approval for the carwash. Finally, in
the alternative, if approved, add three reasonable conditions to protect the Golfview Harbour
residents.
Mr. Morell contended the matter should be sent back to the Planning and Development Board
because the minutes indicated quasi-judicial procedures were not followed by the Board. Mr.
Morell's cross examination of Mr. Wische revealed the Planning and Development Board had not
authorized Mr. Wische to speak before the Commission and the Code authorizes the Planning
and Development Board to adopt procedures. Mr. Wische and Mr. Morell argued whether
proper procedures were being followed by the Planning and Development Board.
The applicant's sound study having been submitted two days before the Board meeting did not
give the opponents an opportunity to submit their own independent sound study, according to
Mr. Morell. Also, the Planning and Development Board did not have the benefit of accurate
information regarding the controversy involving the number of blowers to be used at the site.
Mr. Morell alleged these discrepancies required the matter be returned to the Planning and
Development Board for further review.
Mr. Morell supported his request to continue the matter for at least one month to allow staff
sufficient time to review more accurate information on the specification for the blowers at the
carwash. Also, sufficient time has not been given to the opponents to hire a consultant to
review and make a noise and sound analysis. Mr. Morell purported the application should not
have been deemed complete until the sound study had been submitted and notice to the public
given.
Five reasons were given by Mr. Morell for denial of the application. They included the political
issue of protecting all neighborhoods from carwash issues, the application does not meet
section 112 (d) standards for conditional use permit, the project is not consistent with
numerous residential protections with the City's Comprehensive Plan and the project is not
consistent with the findings of the M-1 zoning district study.
If the project is approved, Mr. Morell asked that three conditions be added. The blowers and
vacuums should be enclosed in a sound proof housing, a wall constructed on the north end of
the vacant lot and the orientation of the carwash should be reversed. Mr. Morell then
presented a slide show of pictures to visually enhance his position on the carwash.
Linda Chiodo, 2515 SW 13th Court, contended the residents of Golfview Harbour should
receive the same and equal consideration as the carwash that was denied on Federal Highway
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Boynton Beach, Florida
December 6, 2005
in 2003. She also questioned if the sound analysis included all the vacuums and blowers
operating at the same time. There could also be other noises such as bells, signals, and car
stereos that should be factored into the analysis. Mrs. Chiodo felt the traffic flow from
surrounding entities also had not been fully investigated and analyzed.
Natalie Maloney, 1460 SW 28th Avenue, expressed her concern that the original plans
called for two vacuums at each of the 10 stalls for a total of 20 vacuums plus the 10 blowers
and car stereos, the decibel level would be much higher than outlined. Ms. Maloney contended
the surrounding structures would create a funnel for the noise to travel to her home. She did
not feel comparing Motor City Carwash was a fair comparison because Motor City is entirely
enclosed and has a different orientation to Hypoluxo Road. Ms. Maloney requested the
Commission consider the quality of life being created by the addition of a carwash to the area.
She pointed out when she bought the property, a carwash was not allowed on the adjoining
property.
Dr. Christopher Chiodo, 2515 SW 13th Court, owns the vacant lot next to Ms. Maloney's
home. He felt the carwash was not a necessary business for the area and gave nothing of
value to the neighborhood. The area would be better suited for residences and low impact
stores. Dr. Chiodo said the rezoning should not have happened and added insult to injury, the
Planning and Development Board would not recommend a buffer wall being built and a sound
study completed. He felt the benefit to the few was superseding the benefit to the many.
Herb Suss, Wood Fern Drive, was surprised that public sentiment would not be factored into
a decision by any board and he felt it should be considered. Mr. Suss felt there were too many
inconsistencies on the specifications of the carwash to permit a decision to be made. He
alleged traffic flow and the noise were significant negative factors and the Commission should
vote against the carwash in consideration of the public sentiment.
Mada Horovitz, Cambridge Lane, pointed out many of the residents were against the
placement of a carwash on the site due to the noise, traffic and pollution. Two carwashes are
in close proximity to the area and another carwash would not be necessary. She requested the
Commission vote against the application.
Ed Udine, Hunters Run, President of the Homeowners' Association, resubmitted a copy
the original signed petition against the carwash. He pointed out the entire east side of
Congress Avenue through Boynton Beach has become a mixed use area. The commercial use
has been confined to low rise businesses taking place behind closed doors. In his opinion, the
carwash, however, would be a factory outdoors and eyesore. Mr. Udine also pointed out the
2,100 signatures represent a community of 6,000 that should be treated equally.
Patti Hammer, 52 Stratford Lane, felt it was a travesty to the residents of Golfview Harbour
to allow the carwash. Ms. Hammer felt the additional carwash was not needed in the City. She
suggested the Commission districts should be set aside and the Commission districts be
abolished to avoid a single district mindset when voting.
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Joseph Baldwin, 1725 Palmland Drive, an alternate member of the Planning and
Development Board, expressed his concern that more fatalities will occur if the carwash is
allowed and the traffic flow increases. He contended the warehouse on Congress Avenue
currently looks like a prison and the carwash will be more of the same. Mr. Baldwin
admonished the Commission to listen to the residents and review the traffic flow before making
a decision.
Dick Philpott, President of the Homeowners' Association for Golfyiew Harbour, asked
the Commission to consider the quality of life issue and consider the entire picture, including
the safety of the children.
Jim Cook, 1164 SW 28th Avenue, did not think the carwash was needed in the area. He
suggested with all the blowers and the dimension of the building, a tunnel chamber could be
created that would amplify the noise levels. The vacuums operate at a higher frequency and in
combination with the blowers create a droning effect sound. He agreed the larger buildings
around the site would create a backboard and bounce the sound back to the lower residences.
Mr. Cook cited the widening of I-95, additional train tracks, new power poles being installed and
the possibility of a carwash would add to the abuse the community is taking that could decrease
the property values. He agreed rules and regulations have to be followed, but exceptions are
granted to developers on a regular basis. Mr. Cook was concerned the carwash would have a
negative impact on the children attending the nearby schools.
Shirley Jaskiewicz, 1917 SW 13th Avenue, also a member of the Planning and
Development Board and former Commissioner, stressed there is different criteria for the
responsibilities of board members. The Board is required to look at the project in its entirety
and whether it will have a positive impact and be compatible with the community. She
emphasized the Planning and Development Board had three votes against the project for very
sound reasons.
No one else coming forward to address the Commission, Mayor Taylor allowed the applicant
time for rebuttal, cross examination or closing comment.
Commissioner McCray inquired of the City Clerk how many signatures were on file. City Prainito
was unable to respond at that time.
Michael Weiner, representing the applicant, reminded the Commission the present issue
is for a conditional use and a site plan. The policy had been made and the question was simply
if this carwash, or a different carwash, met the criteria of a conditional use. Mr. Weiner
contended substantial competent evidence and the burden of proof had been met by the
applicant and the public comment had not countered that fact. He addressed the concerns of
the public regarding the ingress and egress of traffic and felt the danger would be decreased
with the agreement in place with the neighboring property owner. Mr. Weiner indicated
carwashes are one of the lowest traffic generators. He stressed a noise study is only required
for a bar or restaurant and the owner of the carwash had one done anyway. The consultant,
Joe Cuschieri, determined the carwash could not be heard 240 feet away above the ambient
sound of Congress Avenue.
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Joe Cuschieri, Acoustics and Vibration Consultant, 2398 NW 38th Street in Boca
Raton, FL., submitted he was hired by the applicant to review the noise issue. His conclusion
indicated the noise from the carwash with the blowers inside the building, would not be heard
150 feet away which would be within or below the noise level that already exists.
Mr. Weiner stressed no one had filed a Code Enforcement issue concerning noise emanating
from a carwash for more than 50 years. The new blowers are state of the art with less noise
than older carwashes within the City. He pointed out the applicant had met every standard and
condition requested and produced substantial competent evidence. Mr. Weiner did not feel his
client should be required to construct a buffer wall. He asked the Commission to vote in favor
of the carwash.
Attorney Cherof advised Mayor Taylor that Mr. Morell should be afforded the opportunity to
cross examine Mr. Cuschieri.
Mr. Morell questioned Mr. Cuschieri's comparison of the noise level to be the same as a busy
office. He also questioned the time frame during which Mr. Cuschieri completed his analysis
being a Saturday morning from 9 a.m. to 11 a.m. rather than the hours of operation of the
carwash. Mr. Cuschieri replied he used the time frame when the ambient noise level would be
at their lowest. Mr. Morell also asked why the analysis was only done on three blowers. Mr.
Cuschieri explained the other blowers would be enclosed so only three outer blowers would
contribute to the noise level.
Mayor Taylor asked for the closing comments of staff.
(Commissioner Ferguson left the dais at 10:39 p.m.)
Mike Rumpf, Planning and Zoning Director, cautioned the Commission on the use of the Motor
City Carwash as comparable. His visit to the Motor City Carwash revealed the blowers and
vacuums are enclosed, however, the central vacuum unit is not sound proof and an exhaust
pipe runs roughly 10 to 12 feet along the enclosure. The noise level from the vacuum was
comparable to the noise level from the blowers.
(Commissioner Ferguson returned to the dais at 10:41 p.m.)
Mr. Rumpf felt design variations may diminish some of the noise and could be placed in the
design plans. Mr. Rumpf did not agree that all evidence had been provided to meet the
requirements of the Code. A conditional use analysis requires the project be compatible and
address any negative impact. Mr. Rumpf reiterated there is discrepancy in the data and
recommended the consultant be required to state specifically the use of ten blowers would not
affect his analysis. Mr. Rumpf further recommended the need and location for a buffer wall
should be determined and other buffer alternatives that may be helpful.
If the Commission approves the project, Mr. Rumpf asked that additional recommendations be
included to reorient the tunnel exit to the south, enclose the wall around the exit one foot on
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each side and a removable panel along the top of the opening. Also, add a buffer wall in front
of the opening. He felt the use of car friendly flaps over the opening may also mitigate the
noise from the tunnel blowers. Staff recommended the item be tabled for further staff review
or the additional conditions as outlined be adopted.
Mayor Taylor proceeded to questions by the Commission on the issue.
Commissioner Ensler questioned Mr. Boudreau. It was discovered that Mr. Boudreau did not
have any certification with regard to sound nor was he qualified as an expert for court
proceedings and was not currently the president or CEO of Rapido Rabbit Carwash with any
financial interest in the Congress Avenue carwash. In questioning Mr. Cuschieri, Commissioner
Ensler ascertained the acceptable sound level for a residence is 60 decibels and an increase of
10 decibels would equate to a doubling of the loudness. Mr. Cuschieri further explained the
sound pressure level is different from the energy level in the data and chart, which is specified
in the City of Boynton Beach Code. He explained each additional vacuum that would be running
would add 6 - 7 decibels of sound pressure levels. Mr. Cuschieri contended his calculations
were based on the data from the manufacturer and included a reduction of 10 decibels because
the blowers were enclosed, bringing the level to 59 decibels or within the Code permissible
levels.
Commissioner Ensler concluded the consultant had been given bad data on which to base his
calculations. He further believed the Planning and Development Board, the Commission and
staff had been misled, including Mr. Weiner for the applicant.
Mayor Taylor commented he had voted no to add carwashes as a conditional use in the
beginning. His concerns were issues of quality of life for five homeowner associations,
compatibility, the signatures of 2,000 people, staffs concerns and noise levels. Mayor Taylor
did not feel he could vote on the issue based on the uncertainty of the specifications and
inconsistencies in the data.
Commissioner McCray noted the City Clerk had informed him there were 2034 names on the
petitions that had been filed.
Commissioner Ferguson felt it was incredible the matter had been allowed to continue for such
a long period of time and putting a small businessman through the hoops was ridiculous. He
believed the noise issue had been satisfied and the carwash orientation had been met.
Commissioner Ferguson was persuaded by Mr. Boudreau as a carwash consultant and most
convinced by Mr. Casaine, to vote in favor of the project.
Vice Mayor McKoy was concerned the issue was still ongoing. He felt the applicant had
addressed the safety and traffic concerns. Staff's uncertainty with the data was a problem, but
in all fairness to the applicant, the matter needed to move forward.
Commissioner Ensler mentioned the consultant that was hired to study the uses along arterial
roads such as Congress Avenue recommended it be limited to flex space, research and
development and businesses ancillary to those in a commercial park. He reflected back to the
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Texaco station on Federal Highway when residents came forward and the Commission denied
the carwash. Commissioner Ensler agreed too much time had been taken on the project by all
the participants and boards. He contended the denial of the application would not affect
anyone within the City and split votes on an issue are counter productive for all concerned and
the long range plan for the City. Commissioner Ensler indicated he would vote against the
carwash independent of the sound issue.
Motion
Commissioner Ensler moved that the carwash be denied. Mayor Taylor passed the gavel to Vice
Mayor McKoy and seconded the motion.
Discussion
Mayor Taylor commented he did not understand how the citizens could be put through the
hoops on the issue of a carwash they did not want. The business could be built and then sold
and the owner would not have to live with the project as the citizens will be forced to do.
Vote
Motion failed 2-3. (Vice Mayor McKoy, Commissioners Ferguson and McCray dissenting)
Motion
Commissioner Ferguson moved to approve the carwash with the exception of eliminating
comment #34, the wall. Commissioner McCray seconded the motion.
Mayor Taylor asked if the recommendations of staff should be added to the motion.
Commissioner McCray felt the item should be approved and if staff has additional comments
they should be returned to the Commission.
Attorney Cherof advised if staff recommendations were to be included, they should be added
now unless the matter is brought back on a motion to reconsider at a future date.
Commissioner Ferguson reaffirmed his motion as previously made and Commissioner McCray
reaffirmed his second to the motion.
Commissioner Ensler asked staff how many blowers were in the approved site plan. Mr. Rumpf
responded the blowers are not shown on the site plan as presented. Commissioner Ensler
questioned how it could be approved if the number of blowers was unknown.
Ms. Malone clarified the number of blowers was not a required element of the application.
During negotiations a sketch was provided showing eight blowers.
Commissioner Ferguson maintained his motion stands with the blowers as provided on the site
plan. Commissioner Ensler asked if the acoustical analysis done by the consultant was based
on eight blowers. Ms. Malone indicated the analysis was based on the three outermost blowers,
while not outside, they are the closest to the edge of the building. Commissioner Ensler
inquired where the two to three foot wall included in the analysis would be located in the site
plan. Ms. Malone responded the wall was the edge of the tunnel referred to as a two to three
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foot wall in the analysis. Mr. Cuschieri explained the wall is to shield the blowers as a vertical
partition at the end of the tunnel.
Motion
Mayor Taylor passed the gavel and made a substitute motion to postpone the item until staff
receives adequate data to present to the Commission. Commissioner Ensler seconded the
motion.
Vote
Motion passed 3-2 to postpone until further information had been provided. (Commissioners
Ferguson and McCray dissenting.)
Commissioner Ferguson called for a roll call vote.
~
City Clerk Prainito called the roll.
Commissioner Ferguson - Nay to postpone.
Vice Mayor McKoy - Aye
Mayor Taylor - Aye
Commissioner McCray - Nay
Commissioner Ensler - Aye
City Clerk Prainito declared the vote as 3-2 to postpone.
Mayor Taylor announced a five minute recess.
Recessed at 11:20 p.m.
Reconvened at11:28 p.m.
Mayor Taylor reconvened the meeting at 11:28 p.m.
IX. CITY MANAGER'S REPORT:
A. City Manager's Evaluation.
Commissioner Ferguson advised he had previously provided a written City Manager's evaluation
and felt no further comment was necessary.
Vice Mayor McKoy was concerned a tool had not been provided to measure the outcomes of the
City Manager and it behooved him that in every other position a measuring tool would be used.
In order for Vice Mayor McKoy to give a fair evaluation, he needed a tool to make a fair
evaluation.
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Mayor Taylor noted the evaluation should have been done October 1, 2005. He felt the City of
Boynton Beach had an excellent City Manager. Mayor Taylor recited some projects the City
Manager had worked on and done a good job as follows:
0/ The Utility Department water expansion plan
0/ Adopted the budget with a decrease in the millage rate.
0/ Ramped up the police staffing
0/ Hired a new Police Chief, Personnel Director, Utilities Director, Finance Director
and eliminated one of the Assistant City Manager positions.
0/ Made plans for the new public safety building
0/ Conducted a study of the City's three pension funds
0/ Wilson Center and pool plans
0/ M-1 study ongoing
0/ Boynton Terrace Demolition
0/ Fire Station #4 completed and #2 in the building stage
0/ Formed the Boynton Inlet Task Force
0/ Organized special staff team to guide the Heart of Boynton plan
0/ Implemented and extended a management review of the Police Department
0/ Help establish a sexual predator web site
0/ Completed all union contracts
0/ Updated the hurricane response plan
0/ Serves on the Palm Beach County Fire Rescue Level of Service Committee as a
Vice Chair
0/ Chair of the Communications subcommittee for the Communications Dispatch
System
0/ Completed an annexation review study
0/ Completed the City Manager's ICMA annual accreditation status of at least 40
hours of training and education
Mayor Taylor further pointed out the City Manager had an extended illness and yet the
management team was able to maintain all City services. He was proud of working with Mr.
Bressner and indicated he had received many letters and phone calls from every segment of the
City regarding the City's response to the hurricanes and the aftermath under his leadership.
Mayor Taylor gave Mr. Bressner an excellent rating and he recommended the City Manager
receive the 2% increase plus a merit increase of 3.5% which is well within the increases given
to other City employees.
Commissioner Ensler believed the City was fortunate to have Mr. Bressner as the Chief
Executive of the City. He felt more than just the last year's performance should be considered
and he pointed out comments regarding Mr. Bressner's past performance included the
following:
0/
0/
Mayor Broening referred to him as a team builder, project manager and leader
who creatively used the resources of the City
Commissioner Fisher indicated there was no question in his mind regarding the
job Mr. Bressner had done for the City
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0/ Commissioner McCray, in 2002, had remarked Mr. Bressner got answers to his
questions and had done a great job for the City, did not want to lose him and
had the utmost respect for him.
0/ Commissioner McKoy had commented it was a pleasure working with the City
Manager and he gave him the opportunity to learn and carry out the will of the
citizens. He admired Mr. Bressner's leadership role.
0/ Vice Mayor McCray, in 2003, thanked Mr. Bressner for his hard work on behalf of
all citizens.
0/ Commissioner Ferguson, in 2004, noted Mr. Bressner was doing a good job
0/ Mayor Taylor felt Mr. Bressner was a model City Manager.
Commissioner Ensler agreed with all the statements and was proud of Mr. Bressner. He agreed
with the request Mr. Bressner had made and noted Mr. Bressner wanted to be sure all
employees got their increases before he received any increase.
Commissioner McCray concurred with Vice Mayor McKoy that a performance evaluation tool is
needed to measure the performance of the City Manager. He commented on a letter received
giving Mr. Bressner accolades for leaving his family during the hurricanes and noted that is part
of the job and understood when the position is accepted.
Commissioner McCray commended the employees who had come forward to let the Commission
know what is going on within the City. He did not feel everything Mr. Bressner had done was
beautiful. Mr. Bressner outlined 34 items he had accomplished that required the help of the
employees also. Commissioner McCray encouraged employees to report to the Commission on
Mr. Bressner's performance. Improvements are needed for everyone. Commissioner McCray
indicated he had received copies of resumes and job descriptions of all directors and was
floored how some positions had been filled.
Through questions asked of Attorney Cherof, Commissioner McCray established the City
Manager works for the Commission. The Commissioners are required to do an evaluation on or
about October 1st each year and there is no requirement that the City Manager meet with each
Commissioner for a specific time each week. Commissioner McCray pointed out neither the
citizens nor employees evaluate Mr. Bressner. He was appalled that some managers had not
given him even the time of day as a citizen of Boynton Beach, let alone as a Commissioner.
Commissioner McCray recalled when Mr. Bressner was hired he was not the first choice. In
spite of rumors circulated, Commissioner McCray recommended that Mr. Bressner improve his
performance and have more interaction with City employees. He felt a new City Manager was
needed, but not at this time with too much on the table and too many negative things in the
newspapers about Boynton Beach. Some misguided things have happened under Mr.
Bressner's leadership also. Rather than being the bad guy on the Commission against Mr.
Bressner, Commissioner McCray felt he looked out for the employees of the City and residents.
He applauded the 99 employees who voted no confidence in Mr. Bressner but cautioned those
employees that improvement on their part was also needed. Commissioner McCray believed
Mr. Bressner needs to put employees first and cited standards set for the City Manager of
Delray in their performance tool. Commissioner McCray offered a motion that establishing
performance standards for the City Manager be added to Future Agenda Items instead of the
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current process. Commissioner McCray wanted to bury the hatchet and move Boynton Beach
forward and make it a better place. He contended Mr. Bressner was a fine manager, but there
was room for improvement and an evaluation form needed to be in place for the next
evaluation.
Mayor Taylor had no problem with drafting an evaluation form if that was the desire of the
Commission. He did not feel the current evaluation should be delayed since a year ago a
criteria had been established listing items and their priority. Commissioner McCray clarified his
intent was for a new evaluation process for the next year.
Commissioner Ensler mentioned the present criteria are a good way to proceed by listing
specific accomplishments expected. The other criteria suggested also had merit. He asked the
City Manager to make a recommendation on how he should be evaluated over the next year.
Motion
Commissioner Ensler moved for a increase of 2%, plus a 3.5% merit increase. Commissioner
Ferguson seconded the motion. Motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Analysis of Water Capital Improvement Fees. (1/3/06)
B. Placement of quasi-judicial items on agenda.
C. Report on City's potential help and other governmental entitles for "at-risk"
citizens during declared emergencies.
D. Update on City's position on minority contracts.
E. Requirement for underground utilities for all new development.
F. Proposed Resolution No. R05-191 RE: Authorizing execution of an
agreement for Traffic Enforcement between the City of Boynton Beach, FL and
Nautica Homeowner's Association, Inc. (Tabled on 11/15/05)
G. Amend the Parks Dedication Code ordinance to modify the review time line.
H. Presentation of Pay Plan recommendations. (1/17/06)
XI. NEW BUSINESS:
A. Consideration of desired action toward non-conforming signs damaged by
Hurricane Wilma.
Mike Rumpf, Planning and Zoning Director, discussed the Code requirements that require or
limit the ability to rebuild signs which are non-conforming and the application of that Code. He
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presented a slide show of the signs affected during the hurricane. The Code indicates a 50%
maximum damage level would prevent returning the sign to its pre-existing, non-conforming
state.
Commissioner Ensler thought it would be best to do a new evaluation of the signs in relation to
the new Code. Mayor Taylor outlined two options. First, direct staff to evaluate all non-
conforming signs for damage and second, allow repairs to damaged non-conforming signs and
initiate amendments to the sign regulations. Attorney Cherof noted the Sign Code was last
amended December 4, 2001.
Commissioner McCray inquired if any of the companies had been contacted and Mr. Rumpf
replied those contacts had not been made.
Commissioner Ensler commented he would support changing to conforming signs as long as an
appeal procedure was in place. Attorney Cherof noted the allowable relief would be
problematic.
Motion
Commissioner McCray moved that all businesses with damaged non-conforming signs be
directed to bring the signs up to Code in six months. Commissioner Ferguson seconded the
motion. Motion passed unanimously.
B. (Intentionally left blank)
C. (Intentionally left blank)
D. Standards for Placement of FEMA trailers on Private Property.
Quintus Greene, Director of Development indicated Palm Beach Housing had requested the City
identify commercial land suitable to accommodate 20 to 50 travel trailers or mobile homes for
people displaced by Hurricane Wilma. To implement the program, the Commission would need
to decide whether travel trailers can be placed as an accessory structure on lots or concentrate
the housing in one area. Mr. Greene's initial investigation found potentially nine vacant sites
within the City that could be used with the owner's permission. Staff supported concentration
of travel trailers and mobile homes in one or more of the temporary vacant parcels. An
alternative would be to allow individual property owners to have accessory structures which
could adversely affect the quality of life in neighborhoods.
Commissioner Ferguson speculated the placement of trailers in one area is probably why the
FEMA housing initiative has not been successful in the wake of Hurricane Katrina relief efforts.
He felt the regulations should be as open as possible and a time limit be established.
Mr. Bressner did not agree with the staff recommendation and favored the scattered sites for
the mobile homes. Many residents want to stay in their neighborhood instead of a compound
type neighborhood.
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Mayor Taylor did not want to see trailers all over the City next to houses since there would not
be an incentive to complete the necessary home repairs. Mr. Greene suggested City owned
sites may present less of a problem and offer more control. Commissioner McCray requested a
listing of the proposed sites along with a map.
Mr. Bressner explained the Commission would need to decide if a revision to the Code should
be made that a housing emergency would allow trailers to be placed, with restrictions, on
private property.
Commissioner Ensler inquired if restrictions on the FEMA program could be made for only red
tag homes for residents of the City of Boynton Beach. Attorney Cherof indicated enforcement
of any restrictions would be difficult. Commissioner McCray asked if any requests had been
submitted to place a FEMA trailer. Mr. Greene responded two requests had come from the
Corps of Engineers and they were informed the City had not made those provisions.
Mayor Taylor admonished the Commission a precedent would be set for other disasters, such as
a house fire. Mr. Greene reported FEMA allows an 18 to 24 month time frame. A draft
ordinance had been prepared for consideration under item XII.B.1 of the agenda.
Herb Suss, Wood Fern Drive, voiced his opinion that if the trailers are allowed, removal
would be time-consuming and costly for the City.
Vice Mayor McKoy felt consideration should be given that the 18 to 24 month period covers
another hurricane season and mobile homes throughout the City could have a safety impact
also.
Mayor Taylor suggested another option would be to not allow any trailers. Mr. Bressner
reported the Housing Center saw only 22 clients which were not necessarily Boynton Beach
residents. The two trailer parks within the City as a possible option are currently full according
to staff.
Mr. Bressner suggested the item be tabled until more information can be ascertained.
Motion
Commissioner McCray moved to table item XI.D until January 3, 2006. Vice Mayor McKoy
seconded the motion. Motion passed unanimously.
E. Discussion regarding High-Rise fire safety features as identified in the Fire
Department Design Guide.
William Bingham, Fire Chief, reported the new design guide took into consideration a summary
on high-rise buildings versus six or more story buildings less than 75 feet with specific
definitions. Some components of the design guide do fit both criteria. Another change was the
clarification of the contractor's qualifications as a state, licensed, mechanical contractor. The
new guide identifies the performance based option versus the prescriptive code of the
ordinance based on the developer performing a performance based option to the authority
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having jurisdiction for approval. The appeal process is clearly outlined also. Chief Bingham
added the Design Guide would be brought back at a later date for Commission approval.
Mayor Taylor asked if the safety issue of oxygen being pumped under pressure had now been
addressed. Chief Bingham explained there was nothing flammable involved. Mr. Bressner
suggested the changes be circulated to the development community for input also.
F. Review possible intervention in City of Boca Raton and City of Delray Beach vs.
Palm Beach County lawsuit involving diversion of County General Fund revenues
for payment of County Fire/Rescue dispatch. Review proposed legislation
sponsored by the Palm Beach County League of Cities.
(This item was moved forward in the agenda and discussed earlier.)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-069 RE: Amending Land
Development Regulations, Chapter 20, "Buildings, Housing and
Construction Regulations", Section 4, "FEES; to provide for an increase in
the percentage to 2% of the total valuation for permit fee calculation
purposes.
Attorney Cherof read Proposed Ordinance No. 05-069 by title only.
Mayor Taylor opened the issue for public comment and no one came forward.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-069. Commissioner
Ensler seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 05-073 RE: Approving the
declaration of a local "Housing Emergency," with a means of allowing for
the temporary placement of FEMA travel trailers and mobile homes on
private property in the City.
Motion
Commission Ensler moved to table Proposed Ordinance No. 05-073. Commissioner Ferguson
seconded the motion. Motion passed unanimously.
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C. Resolutions:
1.
Proposed Resolution No. R05-205
ninety (90) day extension of the "Notice
Resolution No. 05-107.
RE: Authorizing a
of Intent" approved by
Commissioner Ferguson commented he would be voting against any further extensions.
Mr. Rumpf submitted the reason for the extension was to finalize the conclusion of the study
and allow the discussions of the redevelopment plan studies and finalize those plans also.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R05-205. Vice Mayor McKoy
seconded the motion. Motion passed 4-1. (Commissioner Ferguson dissenting.)
2. Proposed Resolution No. R05-206 RE: Approving the
Agreement between the City of Boynton Beach and the City of Delray
Beach for the transfer of a fire safety trailer.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. ROS-206. Vice Mayor
McKoy seconded the motion. Motion passed unanimously.
3. Proposed Resolution No. R05-207 RE: Amending
Resolution No. R05-177 to amend the legal description of Parcel 127 for
the purpose of implementing the Heart of Boynton Community
Redevelopment Plan.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R05-207. Vice Mayor
McKoy seconded the motion. Motion passed unanimously.
4. Proposed Resolution No. R05-20S RE: Authorizing
(a) the Community Redevelopment Agency to issue up to $12,000,000 in
Tax Increment Revenue Bonds, Series 2005 and (b) a guaranty by the
City of the payment of the Bonds.
Commissioner McCray asked for a statement of how much money would be allocated for the
Heart of Boynton.
Lisa Bright, Interim Director of the Community Redevelopment Agency (CRA), handed out an
outline of the 2005-2006 bond programs. Item six that indicates Land Assembly is the total
amount allocated for the Heart Of Boynton for $4M. Also the buy down vouchers to back up
the SHIP program are $3.2M to help people buy affordable housing. Ms. Bright clarified for
Commissioner McCray that the budget figure of $2,420,138 was for last year and not part of the
bond.
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Robert Reardon, Controller of the CRA, further explained $2M has been expended into the Heart
of Boynton. Ms. Bright announced three contracts will be presented at the next meeting bring
the total close to the $2.4M figure.
Commissioner Ensler again asked Mr. Mummert if there was sufficient revenue flow to the CRA
for repayment of the $12M in bonds. Mr. Mummert confirmed.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R05-208. Commissioner
McCray seconded the motion. Motion passed unanimously.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
No further business to come before the Commission, Mayor Taylor adjourned the meeting at
12:39 A.M., December 7, 2005.
CITY OF BOYNTON BEACH
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,issioner ("1
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40
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Forum Professional Center
APPLICANT'S AGENT: Ken Carlson
APPLICANT'S ADDRESS: 1002 E. Newport Drive #101 Deerfield Beach, FL 33442
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification for to construct a 20,000 square
foot, one-story professional office building on a 1.808 acre parcel at the southeast corner of the
larger 6.55 acre Forum Shoppes.
LOCATION OF PROPERTY: Forum Shoppes; East of Congress Avenue; North of Ocean Drive
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 terms
and conditions of this order.
7. Other
DATED: /.!J.-'1- 05" d:.t-. Yn. P/L~
City Clerk
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EXHIBIT "e"
Conditions of Approval
Project name: Forum Professional Center
File number: MSPM 05-012
Reference: 20d Review plans identified as a Major Site Plan Modification with a September 13,2005 Planning
dZ d k
an onmQ ate stamo mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
I. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
2. 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 IV,
Section 16, or the requirement imposed by msurance underwriters,
whichever is greater (CODE, Section 26-16(b )).
3. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
4. 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.
5. 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
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments: None X
ENGINEERING DIVISION
Comments:
6. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
7. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
8. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR,
Chapter 23, Article II, Section A.l.b.)
9. 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.
10. No easements will be needed for the drainage system, as this will remain X
private.
II. 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:
12. 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.
13. 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.
14. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
15. IdentifY within the site data the finish floor elevation (lowest floor elevation) X
I DEPARTMENTS I INCLUDE I REJECT II
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as determined by the SFWMD's surface water management
construction development regulations."
. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
. Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
16. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X
may not, therefore, be used for landscape irrigation where other sources are
readily available.
17. 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.
18. 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)
19. 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.
20. 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
reV1ew 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.
21. 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 buildin" permit annlicalion at the time of application submittal.
22. At facilities providing medical care and other services for persons with X
mobility impairments, parking spaces complying with 2001 FBC, Section
11-4.6 shall be provided in accordance with Section 11-4.1.2(5)(a) except as
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
follows:
. Outpatient units and facilities: 10% of the total number of parking spaces
provided serving each such outpatient unit or facility.
. Units and facilities that specialize in treatment or services for persons
with mobility impairments: 20% of the total number of parking spaces
provided serving each such unit or facility.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
Material Schedule (Landscape Plan) X
23. All shade trees on the schedule must be listed in the specifications as a
minimum of 3" diameter at DBH (4.5' off the ground) [Environmental
Regulations, Chapter 7.5, Article II Sec. S.C. 2.]
24. The Tree Planting Detail should include a line indicating where the X
diameter at breast height (DBH) of the shade tree will be measured at time
of planting and inspection.
25. Ficus specIes cannot be used In the City of Boynton Beach. X
26. There is no irrigation system design included with the site plans. The X
irrigation design should be micro-irrigation for water conservation.
[Environmental Regulations, Chapter 7.5, Article II Sec. SA.]
27. All trees on the site should receive irrigation from a separate bubbler. X
[Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.]
PLANNING AND ZONING
Comments:
28. All gaps in landscaping on the shopping center site shall be completed with X
appropriate landscape material, specifically on the north side of the entry
drive from Congress A venue between the two bank parcels and along the
east side (rear) of the restaurant outparcel.
29. The directory sign cannot exceed four (4) square feet. Please correct prior to X
submitting for permit.
30. A "potential future access" drive should be denoted on the plans, providing X
for the opportunity in the future to connect this parcel with the property to
the east. It is suggested that it be located at the east tenninus of the parking
aisle running along the north side of the new professional office building.
DEPARTMENTS INCLUDE REJECT
31. The light poles and fixtures shall be designed to prevent any glare and light X
spillage onto adjacent properties.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I I. To be detennined. ~ I I I
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FORUM SHOPPES
OceanA.....nue BoynlcnBaadl.Fl.
DESIGNED.BY;
CARTER & ASSOCIATES
LANDSCAPE ARCHITECrs. INC.
7~H.E.5lh AVE. OEtRAV8EACH. FL 33413
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Landscape & Irriga~on Plaos. For:
FORUM SHOP PES
BoynI<In_,n
DESIGNED BY:
CARTER & ASSOCIATES
LANDSCAPE ARCHITECT'S. INC.
74N_E.SIIAVE.DELAAY8EACH.FL 33483
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elOYHT""'MAC>l.R.OfO:IOA
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Dzr~:J () L
PROJECT NAME:
Nautica PUD
APPUCANT'S AGENTS:
Troy Cool and Robert Williams
APPUCANT'S ADDRESS:
8068 Stirrup Cay Court Boynton Beach, FL 33436
8071 Stirrup Cay Court Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE on COMMISSION: December 6,2005
TYPE OF RELIEF SOUGHT:
Master Plan modification to the Nautica PUD to allow swimming pools in the
rear and side yard setbacks of "Z" Lot Line parcels.
LOCATION OF PROPERTY:
West side of Lawrence road, just north of the LWDD L-21 Canal
DRAWING(S): SEE EXHIBIT"B" AlTACHED HERETO.
X THIS MAlTER 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 terms and
conditions of this order.
7. Other
DATED:
//J. -1-05
UNO:/-, 'rn. An.-",fr.
City Clerk
S:IPlanningISHAREDlWPIPROJECTSINAUTICAIMPMD 05-012IDO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Nautica PUD
File number: MPMD 05-012
Reference: Master Plan Modification identified with an August 8, 2005 Planning & Zoning date stamp
marking,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
I. Prior to construction of the pool, applicable permit shall be obtained and the X
construction shall comply with 200 I Florida Building Code, chapter 424.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
2. At the time of permitting, the master plan tabular data shall be changed to X
indicate that swimming pools are permitted on both Zero Lot Line and "Z"
Lot Line parcels.
3. Swimming pools proposed on "Z" Lot Line parcels shall adhere to the same X
rear and side setbacks currently allowed on Zero Lot Line parcels.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined. ~
S,\Planning\SHAREDI WP\PROJECTS\NAUTICA IMPMD 05-1) 12\COA.doc
Exhibit 'A' - Location Map
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Southeast Neighborhood Park
APPLICANT'S AGENT: Mr. Wally Majors. City Recreation & Parks Department Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 6, 2005
TYPE OF RELIEF SOUGHT: Request approval of a new site plan to develop a neighborhood park for
passive recreation on 2.34 acres zoned R-2.
LOCATION OF PROPERTY: 2882 SE 2nd Street
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 terms
and conditions of this order.
7. Other
DATED:
-tJ5
.
City Clerk
S:\Pfanning\SHARED\WP\PROJECTS\SE Neighborhood Park\DO.doc
EXHIBIT "C"
CONDITIONS OF APPROVAL
Project name: SE Neighborhood Park
File number: NWSP 05-029
Reference: 2nd review plans identified as a New Site Plan with a November 14. 2005 Planning & Zoning date
stamo marking
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments:
..
1. 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:
2. Utility construction details will not be reviewed for construction acceptability at X
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) and will be reviewed at the time of
construction pennit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
. .
DEPARTMENTS INCLUDE REJECT
3. 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 2004 FBC, Section 1609 (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.
4. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
5. At time of permit review, submit a partial elevation view drawing of the X
proposed perimeter wall/fence. IdentifY the type of wall/fence material and the
type of material that supports the wall/fence, including the typical distance
between supports. Also, provide a typical section view drawing of the wall/fence
that includes the depth that the wall/fence supports are below finish grade and
the height that the wall/fence is above finish grade. The location and height of
the wall/fence shall comply with the wall/fence regulations specified in the
Zoning Code.
6. 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.
7. 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.
8. Add a general note to the site plan that all plans submitted for permitting shall X
meet the City's codes and the applicable building codes in effect at the time of
permit application.
9. Pursuant to approval by the City Commission and all other outside agencies, the X
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.
10. 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.
II. The drinking fountains shall be handicapped accessible and shall be on an X
accessible route per the 2004 FBC, Section 11-4.1.3(10)(a) and 11-4.15.
12. Submit floor olans and details for the oicnic shelter and the restroom buildinl!. X
DEPARTMENTS INCLUDE REJECT
13. The design professional may want to review the publication "Recommendations X
for Accessibility Guidelines: Recreational Facilities and Outdoor Developed
Areas," published by the Federal Access Board.
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
Comments: NONE X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
To be determined. ~
MWR/kz
5:\Planning\5HARED\WP\PROJECT5\SE Neighborhood Park\COA.doc
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Location of SE Neighborhood Park - Exhibit "A"
1
At-Risk Youth Program Proposal submitted by
Ena's Needy Foundation, Ine.
2501 N. W. 1st Street, Boynton Beach, FL 33435
Office (561) 738-2064
Contact Person
Christena Ena Executive Director
DUNS #: 146875997 EIN #: 31-1776350
Evaluation Criterion I
Approach
Capacity Building Strategy
1. The Youth Prevention Program is much needed in the Haitian Community due to
the change in environment and culture these families have to adapt to. As a result, some
youth get involved with negative activities that their families becomes powerless to in
helping them change and recover. Services will include counseling against alcohol and
drug abuse, teen pregnancy, and issues involving sex education. Participants will benefit
from early intervention and prevention strategies, which support family, school safety,
reduction of neighborhood violence, juvenile delinquency, and drug abuse. The activities
will support development of the emotional, physical, social and educational well being of
the participants. Further, these activities will provide opportunities to build self~esteem,
character, and alternatives to risk taking behavior. This training and mentoring program
will focus on elementary aged youth initially, and will function as a continuous
foundation for the participants through their middle and high school years.
3
program development and guidelines. Mr. Ena's personal motto is to lead and build a
dynamic non~profit organization that fosters' change in the community. Mr. Ena received
a Certificate of Business Management from Lynn in Boca Raton, FL
Youth Counselor: Provides youth counseling services that address a number of
Issues.
Prosrram Administrator: This position will assist the director with
administration of program services and program reporting requirements. Works with
accountant to insure financial records are in order.
Translator: Provide various translation services to immigrants.
Administrative Assistant: Provides support to Director and Administrative
Assistant. Ensures reports are properly and timely submitted. Secretarial and other duties
as needed.
Volunteer: There will be several positions under this category where they will be
helping with miscellaneous task throughout the program. The function will include but
not limited to the following: providing meals, making phone calls, helping with
administrative paperwork, providing resources to the participant and being a moral
support.
Evalulltiofl Criterion III
Resu/ts or Benefit Expected
Each class/session will help particitpants understand the importance of being
accountable, productive, respectful, honest and dependable as they engage in the
privilege of employment. Skills will be thought in writing a resume, filing out job
Boynton Beach
City Manager's Office
Memorandum
To: Honorable Mayor and Commission
From: Carisse Lejeune, Administrative Assistant
~
Date: November 22, 2005
Re: Redistricting 2005
Please find attached for your review, a copy of the PowerPoint presentation on
redistricting that will be given at the December 6, 2005 Commission meeting. The
Metropolitan Center at FlU Project Consultants will give the presentation and be
available to answer any questions you may have. Should you have any questions in
the meantime, please let me know and I will contact them for a response.
Thank you.
JJ
The Metropolitan Center
Forging Solutions through Research and Training
City of Boynton Beach
2005 Commission District Boundaries
City of Boynton Beach Charter Requires
· Commission District Boundaries
"designated, prepared and identified"
every four years (Ord. No. 02-017, 917)
The Metropolitan Center
at Florida International University
metropolitan.fiu.edu
305-349-1251
JJ The Metropolitan Center
Boundaries shall (Ord. No. 02-017, 917):
· Equal population
· Compact
· Proportional
· Related to boundaries of neighborhoods
· Non-discrimination
· One-man / one vote
The Metropolitan Center
at Florida International University
metropolitan.fiu.edu
305-349-1251
JJ The Metropolitan Center
Redistricting follows four legal principles:
· Section 2 of the Voting Rights Act
· Communities of Interest
· + or - 1 0 percent of population
· Compactness
· Contiguous
The Metropolitan Center
at Florida International University
metropolitan.fiu.edu
305-349-1251
JJ The Metropolitan Center
Law requires the use of 2000 Census PL 94-
171 dataset
· 60,389 persons in Boynton Beach in the
year 2000
· City boundaries have changed since 2000
The Metropolitan Center
at Florida International University
metropolitan.fiu.edu
305-349-1251
JJ The Metropolitan Center
b u ~ > ~/ '?
./
The research team followed four additional
principals, whenever possible, when
IIrafting re.istricting plans:
;IE. similar boundaries to ensure that citizens can
remain familiar with current voting districts
and precinct locations;
- the integrity of historical and traditional
neig h borhoods;
- Man-made and natural boundaries;
;f to include whole precincts into a district
. The Metr~politan ?ent~r I
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305-349-1251
Tract Census 2000 Cumulative
Block pop. pop.
2000 pop 60,389
Annex 58.09 4019 672 61 , 061
Annex 60.08 2002 0 61 , 061
Annex 58.08 1007 64 61 ,125
Annex 66.02 1012 55 61,180
Annex 66. 02 1997 0 61,180
total 61,180
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Target Population
· Total population divided by four districts
· 61,180 / 4 = 15,295 persons
Deviation
Largest 115,295 persons + Smallest 115,295
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Based upon the law, principles of
redistricting, 2000 Census figures and
changes in population due to Annexations,
all the presented Plans are possible
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Deviation 9.31 %
Current Plan Deviation 0/0 2000 pop
District 1 -2.60 14,895
District 2 -1.74 15,027
District 3 -2.37 14,931
District 4 +6.71 16,319
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at Florida International University
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Alternative Plan # 1
Balances the population differences
between Districts 1 and 4
Minimal changes to District 3
Does not split additional
N eighborhoods (only Central Business
District)
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3122
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Census Blocks
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7128
7142
7138
Deviation 6.210k
Alt Plan #1 Deviation 010 2000 pop
District 1 +1.95 15,591
District 2 -1 .74 15,027
District 3 +3.00 15,752
District 4 -3.21 14,802
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JJ The Metropolitan Center
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Alternative Plan #2
Balances the population differences
between Districts 1 and 4
Slight changes to
District 3 and District 2
Distributes the following communities
among more than one district:
Palm Beach Leisureville
Historic Boynton Heights
Bowers Park
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305-349-1251
JJ
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305-349-1251
JJ
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from District 3 to
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Blocks north of
Woolbright Rd east
(part of Precinct
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at Florida International University
metropolitan.fiu.edu
305-349-1251
JJ
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at Florida International University
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JJ
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Deviation 6.21 010
KHill 4 Plan Deviation 0/0 2000 pop
District 1 -0.27 15,252
District 2 +0.48 15,366
District 3 +3.00 15,752
District 4 -3.21 14,802
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metropolitan.fiu.edu
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Alternative Plan #3
Balances the population differences
between Districts 1 and 4
S light changes to
District 3 and District 2
Distributes the following communities
among more than one district:
Laurel Hills
Coastal Towers
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1 to District 3
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metropolitan.fiu.edu
305-349-1251
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metropolitan.fiu.edu '.J
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Deviation 6.67010
DG 3 Plan Deviation % 2000 pop
District 1 -3.62 14,740
District 2 -1.79 15,019
District 3 +3.05 15,760
District 4 +2.35 15,653
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305-349-1251
JJ The Metropolitan Center
Pro"ected Growth b\' LJistrict
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By 2010,
District 3
and District
4 will
together
represent
over 57 0/0
of the
population
in Boynton
Beach
District 4
330/0
District 1
21%
District 2
220k
District 3
24%
The Metropolitan Center
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metropolitan.fiu.edu
305-349-1251
JJ
The Metropolitan Center
The research team makes the following three recommendations:
1 ) The Current and the three Alternative Plans meet the legal
requirements and the redistricting principles that guided this
project.
2) It is projected that by 2010, District 3 and District 4 will contain well
over half of the population of the City of Boynton Beach. None of
the proposed Plans nor the Current Plan are adequate to address
projected growth past 2010.
3) Boynton Beach should consider amending its city charter to require
redistricting only after the decennial Census. Current law requires
the use of only official Census data to determine population. Thus
if the City reevaluates its districts as currently required by the
charter in 2009, it will be forced to rely on Census data from 2000.
The Metropolitan Center
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JJ
The Metropolitan Center
· The Metropolitan Center at Florida International
University is engaged in the study of the
demographics, economics and politics of South
Florida. The overall goal of the Center, as an
"applied research" institute, is to provide
decIsion-makers with the best possible
information to forge solutions to the problems
confronting South Florida's urban areas. Toward
that goal the Center provides research, training,
and technical assistance to governmental and
nonprofit institutions in South Florida. The
Center provides usable knowledge to inform
decision-makers on economic development, land
use, housing, and public opinion. It also provides
organizational management planning and
development to strengthen local area
organizations ability to serve their client basis.
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JJ
The Metropolitan Center
2005-2006 BOND PROJECT FUND PROGRAMS
EXISTING BOND PROJECTS
1. BOYNTON BEACH BLVD EXTENSION / PROMENADE CONSTRUCTION $ 4,675,000.00
2. BOYNTON BEACH BLVD EXTENSION CONSTRUCTION MANAGEMENT $ 180,000.00
3. MARINA VILLAGE PARKING GARAGE INCENTIVE $ 300,000.00
NEW BOND PROJECTS
1. 4th AVENUE DESIGN & CONSTRUCTION
2. BOYNTON BEACH BLVD DESIGN & CONSTRUCTION
3. 300/0 OF SEACREST BLVD. DESIGN COSTS
4. 30% OF MLK BLVD. DESIGN COSTS
5. AFFORDABLE ACCESS PROGRAMS
6. LAND ASSEMBLY
$ 750,000.00
$ 1,500,000.00
$ 250,000.00
$ 250,000.00
$ 3,025,000.00
$ 4,000,000.00
eRA Budget - Ending 2004/2005 and 2005/2006 Workshop Revised with New Bonds and Reduced Grant Income
(Revised 8-22-05)
YTD Projected Proje~ Proposed
Totals Including Budget 200412005 2005/2006
Current Month June - Sept 05 Ending Budget Budget
J 1 2;865---i ;-$ .. _-S;00(}0-- j~865~T--
1,-ffo,13S-i! $ 1,2So.-000-Tn-- 2;420;138 '--i $
il' r ' ~
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___,_ $ 225,000 L1 _2~_5!000t-~ I $ 9,?15,000 J 36.7%
11 $ 50,000~- --- 50,600 1 J~ __ --- 550~booT-t~--=2~0:
_ ,I $ --:1$-- -.- - LJ----4,0001" 0,0070
20 I! $ -35.006-~:-- $ 356-20---1 1 $--- - - T5!_OOO.~t -~ n _~_~9_~3%
7,535 Ii $----5:60011 $ -12:535----ti 15,600 i i- -- 0,1%
---.!-,~~5 i j $~(},ooo_!.L~ ~7'E.5~t '$ ~OOo~__ 2.4%
~~1~~~JF~-$ - 12.l!!.6,2_49 'j$ !~,030~16~~~t$- 1~~74,OOO U__~:~o~
PROJECTS
YVa)':Findin_g_Sign'!.ge Pr_ogram
--~-- ---------
HO~_L.<lnd Assembly Prolects
~_nd _F>.rojectli.
Bond Issue #1
___~_ . __n __._________ __ ____
BBB Extension / Promenade - Constr.
.~----- - -, - ----~-~-- ._----._--~
_BBB E~~~si()~ Constr Management
..f!!y.=Park Land Property (H~ll
Marina Purchase
----- - __n__ __
M~n9.r()\,f~ ~_urcha~e
Marina Villa e Parkin Gara e
Subtotal Bond Issue #1
+-$ - --
j+-'-
i $
---I r $
-- , I'
" $
. -"-$---~
----T$
'I
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Bond Issue #2
-- .-------- --------_.-.-
~tr~E!t Scape l~prover11.ent Projects
4th Aven_u..E!..~J:>esign &c:onstrlJC:!iE.r1..._ " $
Boynto~.!3each BI\I~- Desig~ .&c::onstruction;-I-~
Seacrest - 30% Design I i $
- ---MU~ ~300/05esrgn . i ,-_L
. Affordable Access Progf<l..ms ~J_
Land Assembl $
Subtotal Bond Issue #2 : 1 $
if
I: $
. $
it..L
i $
$
'I:
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Non-Bond Project AmolJ..nts__
Tow~Square ~ojec;tl High Schoo~B.E!~ab
Trash SYS!E!.!'l...___
Savage_c:!eatures AttractiC>r1.."
Miscellaneous Proects
Subtotal N()I1.-Bond Project Amounts ____
TOT AL PROJECTS
i I
- :[$
$
$
Amended
2004/2005
Budget
.----------,
58,465
-------_.~-
2,9_1~,()OO
$
, ,
f t -
---+-1---0:0%
· i
1 ,
Page 5 of 6
L:\Budget\CRA Budget for 2005-2006\04-05 Finalized & Projections 05-06,9-06-05
5,535,172 .--h--
----~--'$
T :__$
t LJ__~_
- ~_.Jj
750,000 I '$
....?.!.425,1]2 L $
i
- I
:
f$
$
$
$
,$
1$
1 $
200,000
250,000
---------.--- t
250,000 j
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I
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75,000 : --T--
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180,000 I $
_ ___ _j_~n
1 0,21~,63L~ ~ $
Presentation by
Dr. and Mrs. Christopher Chiodo
and
Mr. and Mrs. Christopher Maloney
to the Boynton Beach City Commission
Boynton Beach City Commission Meeting
December 6, 2005
Agenda VIII. Public Hearing
Item G. Rapido Rabbit Carwash (COUS 05-004)
I
..
Overview of the Chiodo/Maloney
Presentation
· Attorney Michael Wm. Morell
· Housekeeping and admission of documents
· What the Chiodo's and Maloney's are requesting
· Mrs. Linda Chiodo
· What are the quality of life issues which the Carwash
presents to the City's Congress Avenue Residential
Neighborhoods
· Mrs. Natalie Maloney
· How the Carwash will impact my family and our
quality of life as residents of the Golfview Harbor
Estates Neighborhood
:1.
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The Commission should:
1. Send the matter back to the P&DB for further
.
review
2. Continue the matter for at least 1 month
3. Deny the application for conditional use and
site plan approval for the carwash
4. If Commission chooses not to deny, add 3
reasonable conditions to protect the Golfview
Harbor Estates Neighborhood
'I
Send the matter back
to the P&DB for further review
1. The minutes of the P&DB meeting of November 22, 2005
show that the Board did not follow quasi-judicial
procedures required by the City's Code and Florida Law
2. Since the applicant's sound study was only submitted 2
days before the P&DB hearing, the P&DB did not have
the opportunity to consider other expert opinion, including
the Chiodo's and Maloney's expert, on the "noise" issue
3. The P&DB did not have the benefit of subsequent
submissions by the applicant and additional Staff
recommendations regarding the "noise" issue
5
Continue the matter for at least 1 month
1. We support staff's recommendation that the matter be
continued until the applicant completely responds to all
requests for supplemental information on the "noise" issue
2. The Chiodo's and the Maloney's only learned of the
applicant's sound study 2 days before the P&DB hearing
3. Because of the holidays, the Chiodo's and Maloney's
have not been able to retain an expert in time to complete
his or her work
4. The Chiodo's/Maloney's need time to retain their expert
5. The application should not have been deemed complete
and submitted to the P&DB and Commission until the
sound study had been submitted and noticed to the public
~
Deny the application - Page 1 of 5
1. The political issue: Whether ~ neighborhoods in the City will be
protected equally with regard to carwashes. (compare the Las
Palmas Park Neighborhood v. Malouf Carwash 2003 case and the
!:::!ypoluxo Road Neighborhood v. Motor City Carwash 2004 case with
this Congress Avenue Neighborhoods v. Rapido Rabbit Carwash
2005 case)
2. The application/project does not meet the Section 11.2.0
standards for conditional use permit
~ Standard #2.. .Economic, glare [and] noise effects the conditional use will
have on adjacent and nearby properties, and the City as a whole
~ Standard #5. Screening, buffering and landscaping with reference to
type [and] character
~ Standard #8. General compatibility with adjacent property and other
property in the zoning district.
7
Deny the application - Page 2 of 5
.~~\~
3. The project is not consistent with the residential neighborhood
protection objectives and policies of the City's Comprehensive Plan
~ Land Use Objective 1.17 Minimize nuisances, hazards, and other adverse impacts
to the general public, to property values, and to residential environments by
preventing or minimizing land use conflicts
~ Land Use Policy 1.17.1 The City shall continue to discourage additional commercial
and industrial uses beyond those which are currently shown on the Future Land
Use Map, except where access is greatest and impacts on residential land uses
are least
~ Land Use Policy 1.17.3 The City shall continue to utilize and enforce requirements
for buffer walls between residential and commercial or industrial districts as set
forth in the zoning regulations
~ Land Use Policy 1.15.3 The City shall continue to adopt and enforce regulations to
allow mixed commercial/industrial uses... where such projects would not create
significant land use conflicts... The specific types commercial and industrial uses
shall be limited to those listed for the Industrial land use category under Policy
1.16.1 (Carwashes are not listed under Policy 1.16.1)
g
Deny the application - Page 3 of 5
4. The project is not consistent with the findings of the Analvsis of the M-1
ZoninQ District Study recently submitted by Mellgren & Associates
a. Area VI is located on the southern edge of the City, and extends
from the 1-28 Canal on the north to the L-30 Canal on the South
(Pg. 2)
b. None of the 6 study areas can be considered completely
compatible in all respects - either in terms of gj]ysical comoatibility.
or visual imoacts - with adjacent zoning districts. (Pg. 26)
c. Virtually evety M-1 district failed every aspect of visual impact.
(Pg. 29)
d. Area VI Traffic Generation - Businesses along Congress Avenue
generate a substantial amount of customer traffic... Traffic impacts
on Congress Avenue derive from numerous curb cuts that provide
access to separate parking lots, with no turn lanes. (Pg. 25)
7
Deny the application - Page 4 of 5
4. The project is not consistent with the findings of the Analvsis of the M-1
Zonin(:l District Study recently submitted by Mellgren & Associates
e. The uses permitted in the M-1 district are generally those that are considered with
the planning profession to be light industrial uses as opposed to heavy industrial
uses; heavy industrial uses being those... that generally create noise, odor,
vibration, dust or glare. (Pg. 5)
f. Many of the [light industrial] uses may be able to coexist with residential uses, but
only if substantial regulations [or conditions] are in place to address compatibility
and aesthetic issues. (Page 6)
g. When M-1 uses are established adjacent to residential uses, the dimensional
requirements of the M-1 district are not sufficient to allow for adeauate aesthetic
improvements.. .Among the most glaring deficiencies are those requirements
relating to minimum lot size, distance separation to residential, screening, and
maximum lot coverage. (Pg. 8)
h. The code does not adeauately address screening.. .(Pg. 8)
/0
Deny the application - Page 5 of 5
5. The application/project continues to be "spot zoning"
as reflected in the record of the rezoning proceedings
and the P&DB minutes of November 22, 2005
a. "Chairman Wische pointed out this item has been pending since
March of this year and has come back to the Board because staff
wanted to have a certified noise study performed and presented to
the City." (Pg. 3)
b. "Chairman Wische pointed out the project had been tossed
around. No matter what the applicant agreed to, staff found
another issue to deal with and the project kept getting postponed."
(Pg. 18)
1/
If you vote not to deny the application,
add 3 reasonable conditions
1. The blowers and the vacuums should be enclosed in a sound
proof housing or building in the identical way that they are
housed at the Motor City Carwash.
2. A wall should be constructed at the north end of the vacant lot
immediately north of the carwash site to provide both sound
protection from the vacuums and the blowers and a visual/sight
barrier for the residents of the Golfview Harbor Estates
Subdivision.
3. The orientation of the carwash building on the site plan should
be reversed so that the cars enter the wash on the north side of
building and exit out south side of building. This will locate the
blowers on the south side of the building so that they blow noise
back onto the applicant's property rather than the vacant lot to
the north and the Golfview Harbor Estates Subdivision.
/2
Photographs
demonstrating impacts
to the Maloney residence and
other
Golfview Harbour Estates
residential properties
/3
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The Motor City Carwash
is much more protective of
residential neighborhood
values than is the Rapido
Rabbit Carwash
23
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The Conclusion:
1. Send the matter back to the P&DB for further
.
review
2. Continue the matter for at least 1 month
3. Deny the application for conditional use and
site plan approval for the carwash
4. If Commission chooses not to deny, add 3
reasonable conditions to protect the Golfview
Harbor Estates Neighborhood
:(7
SONNY'S.
THE CAR WASH FAcroRY
~ J.E. ADAMS COIN VACS
Right Price. Right Q
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· 2 - 1.6 Hp, 110 volt Ametek motors
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· Stainless steel dome or lighted dome available in dark gree
white, light green, blue, and red
· Optional security accessories, timers, coin mechs, cycle COI
coin counters, motors, colored hoses, and clean-out bag an
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VJ8200
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VAC10C/S
Central Vac - Separate Mount!J
Does not Include mounting stand or filter ...
· Cast-aluminum 1/2" turbine heads imp~
· 1 O-HP Vacuum - handles up to 4 drops .
· 15-HP Vacuum - handles up to 6 drops
· 20-HP Vacuum - handles up to 8 drops
. Heavy-duty cast iron I TEFC 208V I 230V II
. 2-yr warranty on high-efficiency motor
· Turbine impeller-rotating assembl
industrial flanged bearings with Zi~c~~riiI
m separator - 12-gauge steel ".
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Exhaust Muffler (silencer) .~
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VAC10C/S
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DeSCription
Vacuum, 10 HP, Sonnys, Seperate Mount
Vacuum, 15 HP, Sonnys, Separate Mount
Vacuum, 20 Hp, Sonnys, Separate Mount
Vacuum, Muffler Silencer
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Car wash blues hitting San Sebastian residents Posted on: 03/26/03
Community upset with plans for a self-service facility. The car wash will be located across a 45-foot canal,
known as Redfish Lagoon, from the San Sebastian residents living along Barnegat Drive. What residents
fear is the impact of the car wash on their lives and their community.
San Sebastian residents plan to turn out for the hearing.
"' am concerned about the lights and the traffic of the all-night unattended car wash: Donn Wright said.
His home is across the canal from the site. Residents are also worried about loitering, noise and other
activities during late hours, and they say they've already seen people casting nets and fishing from the
properties.
Church Complains About Carwash Noise Posted on: 04/29/2003
GARLAND, TeKas - Fed up with the noise from a nearby carwash, church members in Garland, Texas are
taking their case to local officials.
According to a Dallas News article, the racket caused by radios played at high volume at the nearby
carwash sometimes drowns out the choir. lfs not unusual for church to stop while someone goes across
the street and requests that the noise be reduced.
One person quoted in the article said -it sounded like it was going to be knocking windows out the way it
was rattling the,windows with the noise."
riER
NY1 For You: Harlem Residents Complain Of Noise Coming From Nearby Car Wash
Posted on: September 27,2005
Some residents in Harlem say they haven't had a good nights Sleep since a noisy car wash moved in next
door.
"It sounds like you're living next to a jet airport," says area resident Victor Morales. "You have the blow
dryers that are lised to dry the cars running, and basically they have very high sound levels. Itls very
difficult to concentrate and maintain peace in the community."
Victor and his wife Dolores say the noise starts at sunrise and continues into the evening. "It's annoying
and it's stressfull," says Dolores.
The Morales' say there's a lot more noises coming from the car wash... "When they're finishing drying off
the cars they have people with their doors open, and they're using their sound systems to blast the
neighborhood with all kinds of music," says Victor. "And you have various alarms and noises that are
coming from this car wash:
The couple has used a sound meter that consistentiy gives them readings of 70 to 75 decibels, more than
20 decibels higher then the city Department of Environmental Protection allow...
Noise Gets the Nod as "Arch Enemy No.1"
OSHA regulations state that noise monitoring is necessary when employees are subject to noise levels at
or above 85 decibels (dB) during an eight-hour workday. Since the average industrial dryer measures in
between 75 and 110 dB, carwashes may have to conduct tests to measure sound levels to determine if
employees need to be issued protective earplugs or if equipment itself needs to be modified.
The dryer is generally considered to be the loudest piece of equipment inside the tunnel. Some still sound
much like a hurricane...
Carwash Caught in Noise Dispute Posted on: 01/25/2000
SOUTHLAKE, TX--The owners of a Southlake gas station and carwash are caught in the middle of the
city's efforts to rewrite the noise ordinance.
Residents living near the TETCO Mobil say the station's carwash is too loud and voiced their complaints at
the last regular city council meeting, according to the Fort Worth Star-Telegram.
City staff members were working on the ordinance when residents began complaining about the noise.
Noise Sources and Their Effects
'+
, I
',I
Boeing 737 or DC-9 aircraft at one nautical mile (6080 ft) before landing (97
dB); power mower (96 dB); motorcycle at 25 ft (90 dB). Newspaper press,
(97 dB), '
Noi$~Source,' ,
times as loud as 70 dB.
iUkely damage 8 hr exp
Garbage disposal, dishwasher, average factory, freighttiain (at 15meters):-"r~80':2 times as lou'd~as 70"dS:
Car wash at 20 ft (89 dB); propeller plane flyover at 1000 ft (88 dB); diesel :Possible damage in 8 h
truck 40 mph at 50 ft (84 dB); diesel train at 45 mph at 100 ft (83 dB). Food exposure.
blender (88 dB); milling machine (85 dB); garbage disposal (80 dB).
Passenger car at 65 mph at 25 ft (77 de); freeway at 50 ft from pavem~nf
ledge 10 3,m. {76 dBl.Living roommusic (76 dB); radio or TV~audio,
vacuum cleaner (70 dB).
, - -- -"~~"'-~-~'~'.,, -'_ .~_'__""_~':",'~"c.-"",'~__'~~'.:_~:... __""~_'--"."-'''-'~',=''='OC;'='____. .___'--_"-'__.'_'_ ."- __'
70 :Arbitrary base of ,
:corn.parison. Upp~r 70s
iare annoYinglYit()udto '
,~~me,~te.,
Half as loud as 70 dB.
[Fairly quiet
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Conversation in ~estaurant, office, background music, Air conditioning unit at: 60
1 00 ft