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Minutes 06-20-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 20, 2006, 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 James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Rick Riccardi - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Rev. Rick Riccardi introduced Rev. Greg Fitch, the new Police Chaplain, who offered the invocation. Commissioner Bob Ensler led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested that the Selection of the Steering Committee under Unfinished Business be discussed before the Recess for Closed-Door Session so the Commission would not have to reconvene in chambers to address the one issue and then adjourn. Mayor Taylor declared consensus was reached on the agenda change. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray offered kudos to the Boynton Beach Police Department in controlling teen violence and crime. He also thanked the Recreation and Parks Department for the repair of Ezell Hester fencing. He congratulated his constituents for alerting him to the fencing destruction and repair. Commissioner McCray emphasized on June 23rd, Mark and Sue Phillips and Freda De Fosse would be retiring with a combined 80 years of service for the City of Boynton Beach. 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Commissioner Ensler proposed a resolution be passed designating the City of Boynton Beach as a No Hurricane Zone. Mayor Taylor felt everyone agreed with the intent of the proposal. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. The annual "Salute to Independence" will be held on Tuesday, July 4th, 6:30 - 9:30 p.m. at Intracoastal Park featuring a brief opening program, a concert by the Datura Street Band (rock-n-roll) and fireworks. Admission is free. Wayne Segal, Public Affairs Director, announced the July 4th celebration sponsored by the City of Boynton Beach and the Sun Sentinel and made possible in part by the Town of Ocean Ridge, WIRK 107.9 FM and Commerce Bank. There would be a special partnership with the Palm Beach County Supervisor of Elections with an initiative to register voters at the event. Mr. Segal thanked the CRA for allowing an advertisement on the Trolleys and recognized Fireman Lon Westerman for finding a dock space for the barge containing the fireworks display. fk Commissioner McCray inquired about the public relations for the event. He indicated he would like to see more publicity regarding all events held in the City of Boynton Beach. Mr. Segal replied ads would be appearing in the Sun Sentinel on June 25th, 30th and July 2nd and 4th. The City would also be a featured part of the Sun-Sentinel's society section. WIRK, the radio sponsor, would be running 50 spots and 81 spots on Sunny 104. Also the utility bills would include a flyer. Signs were being placed on the streets too. Commissioner McCray felt the Palm Beach Post newspaper should also be utilized. Mr. Segal explained calendars are sent to the Palm Beach Post; however, the newspaper sponsor is the Sun Sentinel. Mayor Taylor announced the TV show, Palm Beach County Sunday, on Channel 5, would have a half hour show and interview with the Mayor showcasing everything going on in Boynton Beach. Vice Mayor McKoy requested all the Commissioners receive verification of when the show would be aired. Commissioner McCray felt strongly that more emphasis should be placed on public relations and marketing for the City of Boynton Beach. Mayor Taylor agreed. B. Community and Special Events: None C. Presentations: 1. Proclamations None. 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Herb Suss, Wood Fern Drive, requested an update on the Library construction project and the funding associated therewith. Mr. Suss proposed the Commission consider allowing board members to serve as alternates on another board to help fill the many vacancies. He requested a meeting with staff to discuss the sprinkler system installed by the Quail Run development to water the median on Woolbright Road in front of the new Fire Station #4. Mr. Suss announced a luncheon had been held at the golf course to honor Freda De Fosse and Sue Phillips. Sergio Casaine, 13 Meadows Park Lane, restated his previous comments speaking for the citizens of the Heart of Boynton (HOB) and contradicted remarks made by Commissioner Ensler referring to citizens who were against the redevelopment of the HOB. Mr. Casaine felt improved communication with the citizens of the HOB would be beneficial. Mayor Taylor responded the Community Redevelopment Agency (CRA) has been making positive progress forward. When the responses to the Request for Proposals are being reviewed, the concerns of everyone can be considered. Mayor Taylor indicated the final award would not necessarily go to the highest bidder, rather the proposal that meets the needs of the City. Lisa Bright, CRA Director, announced a Heart of Boynton Newsletter was being developed in conjunction with Regenia Scott, Neighborhood Services Manager. A neighborhood barbeque was also being considered. The agency was well aware of the lack of communication and inaccurate communication that has been a problem. Commissioner McCray asked that he be allowed to review a preliminary copy of the Heart of Boynton Newsletter before distribution. Ms. Bright agreed. Commissioner Ensler commented his remarks were serious people have voted against different plans and that happens. Agreement has to be achieved so everyone can work together. Doris Jackson, 531 NW 10th Avenue, President of Poinciana Heights Neighborhood Association, offered a list of concerns of the HOB neighborhood communities that included: ../ Speed control ../ Trash dumping ../ Trash pickup ../ Street lighting ../ Development The intent of her organization was to bring suggestions to the Commission on how to deal with the problems. As far as development, the citizens did not want to be left out. Mayor Taylor suggested a copy of any meeting minutes be furnished to the Commission for review. Commissioner McCray advised the areas of speed control, trash dumping, trash pickup and street lighting have already been addressed. He offered to meet with the Neighborhood Specialist Manager to review the efforts that have already been made to address those concerns. 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (2) II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (2) IV McKoy Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (3) Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (3) IV McKoy Arts Commission Alt 1 yr term to 4/07 Tabled (3) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled (2) III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Code Compliance Board Reg 3 yr term to 4/09 Tabled (2) II McCray Community Redevelopment Agency Reg 4 yr term to 6/10 I Ensler Community Relations Board Alt 1 yr term to 4/07 Tabled Mayor Taylor Community Relations Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled (2) II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) IV McKoy Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) Mayor Taylor Education Advisory Board Alt 2 yr term to 4/08 Tabled (3) I Ensler Education Advisory Board Stu 1 yr term to 4/07 Tabled (3) II McCray Education Advisory Board Stu 1 yr term to 4/07 Tabled (3) III Ferguson Education Advisory Board Reg 2 yr term to 4/07 Tabled (3) Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Senior Advisory Board Alt 1 yr term to 4/07 Tabled (3) Motion Commissioner Ferguson moved to appoint Bernice Begleiter as an alternate member of the Senior Advisory Board. Commissioner Ensler seconded the motion. The motion passed unanimously. II McCray Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3) Commissioner McCray suggested the new Neighborhood Specialist Manager distribute Advisory Board Applications to fill the positions that remain open on the boards. 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Motion Commissioner McCray moved to table all other appointments. Vice Mayor McKoy seconded the motion. The motion passed unanimously. 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. Agenda Preview - June 2, 2005 2. Regular City Commission - June 6, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Award a five (5) year contract for "FINANCIAL AUDITING SERVICES", RFP#034-1410-06/0D to Nowlen, Holt & Miner, P.A. of West Palm Beach, Florida for the fiscal years ended 09/30/06, 09/30/07, 09/30/08, 09/30/09 and 09/30/10. The total fiscal impact is $460,000. (Proposed Resolution No. R06-106) Commissioner Ensler pulled item VLB.1 for discussion. 2. Approve a contract with rates for the "GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED ADDRESSING", and authorize the execution of the contract with Digital Data Technologies of Columbus, Ohio, RFQ #041-221O-06/0D. This project will be paid through a FEMA grant (up to 80%) and there is an allowance in the Fire Department budget for the remaining 20% (Proposed Resolution No. R06-107) Commissioner McCray pulled item VLB.2 for discussion. 3. Approve a piggyback of Hillsborough County, Florida, Bid #T-0284-05 (JJ) with GODWIN PUMPS OF AMERCIA, INC., of Tampa, FL, for the rental of portable pumps and generators. The emergency equipment will cost $70,371 and mobilization (transportation roundtrip) cost is $2,400. Total expense is $72,771. Commissioner McCray pulled item VLB.3 for discussion. C. Resolutions: 1. Proposed Resolution No. R06-108 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Limits and Covenant for Annexation with Military Trail Development Group, LLC for the project known as Gateway Townhomes. 2. Proposed Resolution No. R06-109 RE: Authorizing execution of an Assignment and Assumption Agreement among Bellsouth Telecommunications, Inc. ("BeIlSouth"), City of Boynton Beach, Florida ("Assignor") and Palm Beach County, Florida, its successors and assigns ("Assignee") for installation of a secondary E 9-1-1 PSAP for the purpose of relocating 9-1-1 Communications Department in the event of emergency evacuation. 3. Proposed Resolution No. R06-110 RE: Approving a Special Warranty Deed for Lot 3, less I-95 right-of-way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida conveying title to Karen Main, a participant in the City's SHIP Construction Program. Commissioner Ferguson pulled item VLC.3 for discussion. 4. Proposed Resolution No. R06-111 RE: Authorizing execution of a revised agreement that assigns ground lease interest and obligations to Global Signal, Inc., and a certificate of estoppel. (Ground lease for telecommunications tower at Ezell Hester Park) 5. Proposed Resolution No. R06-112 RE: Approving and authorizing execution of an Interlocal Agreement with the Town of Hypoluxo to share the purchase cost of an emergency generator at a City Lift Station. The net cost is estimated to be $15,000. D. Authorize refund of cash surety deposit for the project known as Lester PUD, in the amount of $7,000 and issue payment to Cascade Lakes Ltd. E. Approve the "SEAVIEW PARK CLUB" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Survey & Mapper). F. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City's One Year Action Plan for FY 2006/2007. Mr. Bressner advised additional information had been requested; therefore, tabling the item may be appropriate. Commissioner McCray suggested the item remain on the agenda and be discussed before tabling. G. Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) and Commissioner Bob Ensler ($1,000) for Gulf Stream Council, Inc., Boy Scouts of America. 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 H. Authorize the use of Community Investment Funds from Mayor Taylor ($1,000) to The Juvenile Transition Center, Inc. Motion Commissioner Ferguson move to approve all consent agenda items with the exception of those items pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. B.!. Award a five (5) year contract for "FINANCIAL AUDITING SERVICES", RFP#034-141O-06/0D to Nowlen, Holt & Miner, P.A. of West Palm Beach, Florida for the fiscal years ended 09/30/06, 09/30/07, 09/30/08, 09/30/09 and 09/30/10. The total fiscal impact is $460,000. (Proposed Resolution No. R06-106) Ed Holt, Managing Partner of Nowlen, Holt &. Miner, came forward to address any questions or concerns. Commissioner Ensler inquired if adding a clause regarding termination for convenience, at an appropriate time, would be a problem for the firm. Mr. Holt replied it would not be a problem. In most instances the contracts were five year contracts or three years with two year options. The professional services industry operates on an honor system and Mr. Holt's firm would not have an issue with the addition. The change in the law now requires a contract period. Commissioner McCray thanked staff for their efforts in bringing the contract forward. He noticed the contract included a $13,000 increase over the term of the contract and asked for validation of the increase. Also, Commissioner McCray wanted assurances the current staff of Nowlen, Holt & Minor could handle the additional work load. Mr. Holt clarified only 22 of the clients on the list submitted were current clients. In the past year no clients had left the firm. Mayor Taylor determined there was no association between the previous firm and Mr. Holt's firm was totally independent. Motion Commissioner Ensler moved to approve item VLB.1 with a mutually accepted clause for termination for convenience. Commissioner Ferguson seconded the motion. The motion passed unanimously. B.2. Approve a contract with rates for the "GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED ADDRESSING", and authorize the execution of the contract with Digital Data Technologies of Columbus, Ohio, RFQ #041-221O-06/0D. This project will be paid through a FEMA grant (up , to 80%) and there is an allowance in the Fire Department budget for the remaining 20% (Proposed Resolution No. R06-107) Commissioner McCray noted that FEMA would be paying up to 80% of the cost; however, he was unable to determine the account from which the remaining the 20% would be paid. Mr. Bressner agreed to supply the information to Commissioner McCray. 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Motion Commissioner McCray moved to approve item VLB.2. Commissioner Ferguson seconded the motion. The motion passed unanimously. B.3. Approve a piggyback of Hillsborough County, Florida, Bid #T-0284-05 (JJ) with GODWIN PUMPS OF AMERCIA, INC., of Tampa, FL, for the rental of portable pumps and generators. The emergency equipment will cost $70,371 and mobilization (transportation roundtrip) cost is $2,400. Total expense is $72,771. Commissioner McCray contended the amount requested was significant for rentals and wanted the public to be informed of the number of generators to be purchased during the upcoming budget year. Peter Mazzella, Deputy Director of Utilities, reported staff would have a budget proposal at the budget hearings. The Utilities Department had determined purchasing generators was perhaps not the most economical way to meet the needs of the residents. Since the last hurricane season, six in-place generators had been purchased, one being very large for the treatment plant. Three portable generators purchased enabled two older generators to be permanently installed. Mr. Mazzella was confident with the addition of the rentals the coverage would be much more adequate. An alternative of installing small bypass standby pumps at some of the smaller stations that require constant pumping during an emergency may be sufficient. The use of alternative fuels was also being investigated. Motion Commissioner McCray moved to approve item VLB.3. Commissioner Ferguson seconded the motion. The motion passed unanimously. C.3. Proposed Resolution No. R06-110 RE: Approving a Special Warranty Deed for Lot 3, less I-95 right-of-way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida conveying title to Karen Main, a participant in the City's SHIP Construction Program. Commissioner Ferguson asked the item be deferred and heard in conjunction with item VIII.C. under Public Hearings, as both items are pertinent to the same lot. Mayor Taylor declared both items would be discussed under Public Hearings. F. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City's One Year Action Plan for FY 2006/2007. Commissioner McCray had pulled the item because he was aware of members in the audience who had comments to make on their allotment of funding. The funding could require re- evaluation and the item should not be tabled without their input. Pat Archer, 380 Sherwood Forest Drive, Delray Beach, FL. addressed the Commission as President of AVDA, Aide to Victims of Domestic Abuse, a recipient of funds for several years. She 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 had received notification their funding had been cut by $5,000. The two programs currently being promoted by the organization were PAV and TAV being in school programs addressing domestic violence at the elementary school level and the teenage level. Ms. Archer reported the support of school staff was essential to the success of the program. For the 11th month period, 71% of the target area had been reached. The funds go directly to the program; therefore, funding cuts will result in program cuts also. Ms. Archer urged the Commission to reconsider and maintain the funds at $15,000 for another year. The Boynton Beach Police Department records indicate six domestic violence calls a day are received within the City. Mr. Bressner reiterated his concern regarding the timing involving publication of the funding and the 30 day period for public comment. Also to be considered is the fact a full Commission would not be present for the July 5th meeting due to vacation scheduling. Mayor Taylor remembered some adjustments were made last year to the allocation of funds. Discussion followed relative to the legal requirements for some funding areas. Ms. Sherrod reported a decrease in funding has occurred over the last three years. Although all the funding is going to worthwhile causes, Mayor Taylor suggested $5,000 be taken from the housing and rehabilitation funding and given to the AVDA program. Ms. Sherrod agreed the public service maximum had not been reached. More SHIP dollars have had to be used to help new home owners achieve home ownership, leaving less money available for rehabilitation. Staff salary is included in the cost as well. Mayor Taylor felt strongly about domestic violence and the destruction of families. He favored the transfer of the $5,000 to the AVDA organization. Vice Mayor McKoy had requested additional information to assist him in making a decision regarding the funding for the programs. Last year he had voted against the block grant funding because he had not received pertinent information required for a decision. Vice Mayor McKoy was concerned with the funding levels and dollars given for administrative costs rather than direct programming. Motion Vice Mayor McKoy moved to table the item until additional information could be provided. Commissioner Ferguson seconded the motion. Mayor Taylor pointed out the item would not return to the Commission until the second meeting in July, being too late to meet the publication timelines. Mr. Bressner suggested the matter be considered during the budget hearings on July 11, 12 or 13th to meet the deadline. Quintus Greene, Director of Development, clarified the breakdown would need to be definitively stated in the publication. The deadline for submission to HUD is August 15th with 30 days for publication and public comment on the funding, bringing the deadline to July 15th. Vice Mayor McKoy recalled the same issue had arisen the last two years with the information not being provided in a timely fashion to enable the Commission to vote on the issue. Vice Mayor McKoy felt strongly that he should be present to vote on the issue. There appeared to Vice Mayor McKoy to be no accountability for last year's concerns. Ms. Sherrod added the plan would still need to be written after the funding amounts were finalized. Actually, Ms. Sherrod pointed out, the request was earlier this year than last year. 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Commissioner McCray inquired of Ms. Sherrod if the $5,000 requested by AVDA could be found and she replied it could. He did not agree it was coming forward in the eleventh hour and he had sufficient information to vote on the item at this time. He agreed with Mayor Taylor's reallocation of funds. Mr. Bressner commented the written portions could be completed in advance of the final decision on funding for sub-grantees to be discussed and decided on July 11th, then published on July 15th. Vice Mayor McKoy stressed his concern was not so much the scheduling as it was inaccurate and incomplete information to make a decision. Vote Motion failed 2-3. (Mayor Taylor, Commissioners McCray and Ensler dissenting) Motion Commissioner McCray moved to approve item VLF with an additional $5,000 being given to AVDA and the housing and rehabilitation funding reduced by $5,000. Commissioner Ensler seconded the motion. Commissioner Ensler requested that Vice Mayor McKoy further explain his concerns. Vice Mayor McKoy alleged several agencies were asking the City to fund salaries and in one instance 100% of a salary. The percentage of dollars applied to actual programming is minimal. Vice Mayor McKoy inquired if all the agencies were in compliance with all the rules and regulations of the State and Federal government. Ms. Sherrod replied all the grantees are in compliance. Vice Mayor McKoy further inquired if all the agencies had the prerequisite permits to solicit for funding. Ms. Sherrod was not aware of that requirement, but would check with each of the organizations. Vice Mayor McKoy did not feel the response was good enough. Commissioner McCray asked if the question of non compliance would be brought back before the Commission if it was found to be true. Ms. Sherrod concurred. Further discussion revealed the funding for salaries was allowable and there was no cap for administrative funding from the organizations. Ms. Sherrod and people from the community had reviewed all the applications and the funding requested qualified. Mayor Taylor added other funding sources may be used to support the programming needs. Vice Mayor McKoy disagreed, and contended that documentation filed with the State did not support the contention that other funding for programming needs was available. Mayor Taylor suggested Ms. Sherrod investigate Vice Mayor McKoy's concerns and report back to the Commission. Motion Commissioner McCray amended his motion to include staff would investigate eligibility concerns and vote again on the agencies not in compliance. Commissioner Ensler accepted the amendment to the motion. The motion passed 3-2 (Vice Mayor McKoy and Commissioner Ferguson dissenting.) Vice Mayor McKoy added the Commission has a responsibility and was making a grave mistake going forward without the pertinent information. He also felt the public should be permitted to comment on the item also. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: Muvico Theaters (SPTE 06-004) George Figler, Muvico Theaters Boynton, JCP Associates, LTD. 301 North Congress Avenue Request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 29, 2005, from April 19, 2006 to April 19, 2007. Attorney Cherof administered an oath to all those intending to testify and gave a brief explanation of the procedure to be followed. Ed Breese, Principal Planner, reviewed the request for site plan extension. A redesign had been proposed in light of increasing construction costs, plus the Boynton Beach Mall management and Florida Power & Light had to relocate underground lines creating further delay. Reservation fees and permit fees have been paid by the applicant. Staff believes the concerns and reasons for the request for time extension are legitimate and recommended approval. Commissioner McCray inquired of the applicant if the time extension and new site plan would reduce the number of theaters from 14 to 12. George Figler, Agent for Muvico Theaters, replied any further reduction would not be necessary. Motion Commissioner Ensler moved to approve item VIlLA. Commissioner Ferguson seconded the motion. The motion passed unanimously. B. Project: Agent: Location: Description: Fosters Mill (MPMD 05-010) George Delarosa, President of Fosters Mill HOA North side of Miner Road between Congress Avenue and Lawrence Road Request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Attorney Cherof administered an oath to all those intending to testify. He noted the instructions regarding the procedures previously given would apply. Mr. Breese reviewed the requested modification to the Fosters Mill Master Plan to accommodate pools and screened enclosures on properties that did not back up to other residences. The lots being excluded would be lots 49, 50, 62, 63, 68, 69, 91 and 92. George Delarosa, President of the Fosters Mill HOA, was present to answer any questions. Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve item VIILB. Commissioner McCray seconded the motion. The motion carried unanimously. c. Project: Agent: Owner: Location: Descri ption: Forest Hill Lot 3, Block 2 (ZNCV 06-007) Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of I-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-1-M single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-1-M single family zoning district. Attorney Cherof administered an oath to all those intending to testify. Ed Breese, Principal Planner reviewed the location of the lot and the two variance requests. The required minimum lot size has been met for the first variance request. Due to a utility easement along the I-95 sound wall restricting construction, the second variance would need approval to proceed. A 2,000 square foot home was proposed to be built on the lot with the assistance of SHIP funding for first time home buyers. The hardship criteria for development on the lot has been met with the taking for the I-95 corridor. There are no houses to the north or west of the property. Staff recommends the two variances be granted. Commissioner Ensler's concern involved the placement of the driveway to the property and if there was adequate space to accommodate an additional driveway in the area. Mr. Breese 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 assured there was sufficient space to allow separation of the two driveways. A seven and a half foot side setback would be required. The variance only related to the rear setback and front footage requirements. Mr. Breese mentioned the easement was 20 foot wide, requiring the house to be configured as drawn on the maps. Commissioner McCray inquired if the applicant was aware that no additions to the property could be made if approved. Mr. Breese indicated the applicants were aware that no additions would be permitted. Commissioner McCray surmised the neighboring property values would increase as a result of the house being built on the lot rather than a vacant lot. Mr. Breese agreed. Commissioner Ferguson advised he had visited the site and measured the frontage space being only 27 feet to within three feet of the barrier wall. If there is a 20 foot easement, only ten foot would remain for entrance and with a seven and one half foot side setback, the driveway could only be three foot wide. Mr. Breese contended there was a forty-one foot frontage leaving adequate space for a driveway. Commissioner Ferguson disagreed. Mary Ann Tillett, 710 SW 23rd Terrace, an adjacent property owner, presented pictures of her property in relation to the project and contended the new driveway would be over her driveway if the property lines are extended as indicated in the diagrams. She felt the measurements were taken from the swale and not the edge of the street which would explain the difference in measurements. Ms. Tillett expressed concern the roof overhang would only be five feet from her roof and the house would be encroaching on the setback line. She was also concerned about the water runoff, as the vacant lot had experienced flooding in the past. An individual had visited her home and introduced herself as a new neighbor, offering to help move plants to allow for construction vehicles. The individual had left a City of Boynton Beach business card identifying the person as a City employee. Attorney Cherof cautioned the Commission the issue of ownership would not be a factor in their consideration of a variance. Commissioner Ensler felt a properly scaled drawing should be submitted to assure there is sufficient space for the two driveways Motion Commissioner Ensler moved to table the matters until a proper engineering drawing could be obtained. Commissioner Ferguson seconded the motion. Vice Mayor McKoy wanted it clearly understood the motion was to table to obtain additional information. Commissioners Ensler and Ferguson concurred. Mr. Breese referred to a diagram of the area that indicated there was a 40.92 foot frontage. Ms. Tillett contended the swale had to have been included in the measurement; however, she understood the property owners did not own the swale. Jeff Livergood, Director of Public Works and Engineering, discussed the need for separation on commercial properties in contrast to residential properties and the safety factor involved in relation to volume of traffic. Separation of private driveways would eliminate property owner disputes. He agreed there may need to be a section of shared driveway on the publiC right-of way which is not uncommon. Maintenance of that portion of the driveway that is on City 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 property could be an issue, as pointed out by Commissioner Ensler. The issue would need to be resolved before the property could go forward. Vote The motion to table item VIILC passed 4-1 (Commissioner McCray dissenting) Motion Commissioner Ferguson moved to table item VLC.3. Commissioner Ensler seconded the motion. The motion passed 4-1 (Commissioner McCray dissenting) D. Project: Agent: Owner: Location: Descri ption: E. Project: Agent: Owner: Location: Description: Aspen Glen (ANEX 06-006) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Request to annex subject property (9.34 acres) (1st Reading of Proposed Ordinance No. 06-051) Aspen Glen (LUAR 06-013) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR) (1st Reading of Proposed Ordinance No. 06-052) Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) (1st Reading of Proposed Ordinance No. 06-053) Proposed Use: 45 zero lot line single-family home Attorney Cherof reviewed the requests and administered an oath to all those intending to testify. The applicant had no objection to consolidating all items for hearing. Mr. Breese explained in more detail the requests of the applicant and located the property site. Forty-five zero lot line, single family dwelling units were planned for a gross density of 4.82 du/ac. The project was consistent with the area; traffic concurrency had been approved with a project build out date of 2008. It was consistent with the City's annexation program and adopted Comprehensive Plan, eliminated a pocket of unincorporated county land, would not create any unanticipated impact on the infrastructure and would contribute to the overall economic development of the City. Staff recommended approval. Bradley Miller, Agent for the owners of Aspen Glen, illustrated the project with a short slide presentation. A site plan would be forthcoming. 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Mayor Taylor opened the issue for comment by the public. No one coming forward, Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 06-051 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-051. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance No. 06-052 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-052. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance No. 06-053 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-053. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. F. Project: Agent: Owner: Location: Descri ption: G. Project Agent: Owner: Location: Descri ption: Pylon Interstate Plaza (COUS 06-004) Steven L. Cohen Chambers Properties, LLC 1501 Corporate Drive Request for conditional use/new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861-acre parcel in the C-1 zoning district. Pylon Interstate Plaza (HTEX 06-003) Steven L. Cohen Chambers Properties, LLC 1501 Corporate Drive Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Attorney Cherof briefly outlined the two requests and administered an oath to all those intending to testify. The agent for the applicant agreed the two requests could be consolidated for hearing. Mr. Breese reviewed in detail the request for conditional use/new site plan and the request for height exception. The only changes from the previous approval were the height reduction of one inch, change of an internal hallway and upgraded landscaping. This is the second phase of a two phase office building project. Landscape changes will afford greater buffering for nearby residences and the lighting and fixtures have been shielded. The addition is compatible and staff recommended approval. Mr. Breese added the height exception accommodates the stairwell and elevator shaft, plus adds a decorative element to the building. Staff recommended approval of the height exception also. Steven Cohen, Agent for the owner, requested approval of both items. Mayor Taylor opened the issue for comment by the public. No one coming forward, Mayor Taylor closed the public hearing. Commissioner McCray inquired if all conditions of approval were agreeable with the owner and Mr. Cohen replied the owners were in agreement. Motion Commissioner McCray moved to approve item VIILF. Commissioner Ferguson seconded the motion. Commissioner Ensler questioned if the second building would have the same design as the first building presently on Woolbright Road. Mr. Cohen indicated the buildings would be similar with upgrades added since the first building was erected in 1985. Commissioner Ensler requested clarification on the Art in Public Places requirement. Mr. Breese related the application was returned indicating a dollar amount as opposed to placement of art. Mr. Cohen added the owners were considering some art at the entrance and assured the Commission his client would comply with the program in some way. Vote The motion passed unanimously. Motion Commissioner McCray moved to approve item VIILG. Commissioner Ferguson seconded the motion. The motion passed unanimously. Descri ption: Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay) Michael J. Covelli, Caufield & Wheeler, Inc. National Land Company, Inc. Adjacent to and east of I-95, west of Lake Ida, west of South Lake Drive Request to annex subject property (5.783 acres) (1st Reading of Proposed Ordinance No. 06-054) H. Project: Agent: Owner: Location: 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Description: Lake Trail Estates (LUAR 06-012) (fka Bermuda Bay) Michael J. Covelli, Caufield & Wheeler, Inc. National Land Company, Inc. Adjacent to and east of I-95, west of Lake Ida, west of South Lake Drive Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) (1st Reading Proposed Ordinance No. 06-055) 1. Project: Agent: Owner: Location: Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single Family Residential (1st reading of Proposed Ordinance No. 06-056) Proposed Use: 22 Single-family residential homes. Attorney Cherof briefly outlined the requests and administered an oath to all those intending to testify. The applicant had no objection to consolidating the items for hearing. Hanna Matras, Economic Planner, noted the northern part of property had been annexed in 2004 and the current request would annex the southern portion of the property and rezone the entire area. Ms. Matras reported the request was consistent with the annexation program and Comprehensive Plan, would have no impact on the infrastructure that had not been anticipated and would be compatible and contribute to the economic development. However, the request was incompatible with the City's position against annexation of properties with billboards. The agreement relating to the billboard would not expire for seven years. Staff recommended denial of the request. Michael J. Covelli, Agent for the owners, displayed a drawing of the proposed site and offered further explanation of the need for the requests. Mr. Covelli stressed the requests are only the first step in the process and much more time would elapse before the site would be ready for actual construction. He noted the billboard issue related only to a policy and not any actual ordinance or resolution. The contracted lease for the billboard would not be renewed upon expiration and the billboard would then be removed at no expense to the City.' Mayor Taylor determined the construction of a sound wall along I-95 was being actively pursued to buffer the noise. Mr. Bressner inquired if the lease for the billboard had been entered into prior to the annexation of the first parcel in April 2004. Mr. Covelli could not confirm the date. Mayor Taylor opened the issue for publiC comment. No one coming forward, Mayor Taylor closed the public hearing. Mr. Bressner advised the Commission would not approve another site plan or annexation for a piece of property until a billboard had been removed on a parcel in unincorporated Palm Beach County. He was concerned the lease for the billboard at issue was entered into after the first parcel had been annexed. Mr. Covelli clarified the current request was part of a plan to eventually take the commercial building and convert the area to residential. Since there was a tenant in the commercial building, the entire property was not annexed in the first instance. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Commissioner McCray inquired if breaking the billboard lease would be an option and Mr. Covelli did not feel breaking the lease would be possible. The current property owner is a party to the lease and it would not be renewed and the billboard would be removed. Attorney Cherof cautioned the annexation is a legislative decision and would probably not be reversed by a court decision. He recommended the billboard issue be resolved in conjunction with the annexation request. Billboards within the City have been permitted as a result of settlement litigation because of the extreme value of billboards. At present, the billboard company had no standing to review the Sign Code or rules and regulations of the City. The billboard company was not present to offer their interpretation of the lease and its options. By annexing the property, the billboard company would be permitted into the City and given standing to challenge the Sign Code or pursue other recourse. David Paladino, owner of the property, offered to provide the entire lease for review and a copy of a letter to Viacom advising extensions of the lease would not be entertained. Mayor Taylor recalled the residents were upset over the industrial complex in the area and the proposed project would be an excellent upgrade for the area. Attorney Cherof read Proposed Ordinance No. 06-054 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-054. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance No. 06-055 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-055. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance No. 06-056 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-056. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 IX. CITY MANAGER'S REPORT: A. Utility Service Area Analysis to maintain existing service area boundaries to achieve greatest system efficiencies and lowest capital costs. Motion Commissioner Ferguson moved to table item IX.A. Commissioner Ensler seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Review and possible adjustment of the stormwater fees (July 5, 2006) B. Water Supply Options - July 5, 2006 (topic will be discussed as part of the City's Budget discussions July 11th-13th) C. Ordinance for procedure of advisory board election of chair and vice chair. D. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage (July 18, 2006) . E. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1, 2006) F. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006) G. Ordinance creating a mechanism for naming facilities within the City and establishment of overseer committee (Aug, 15, 2006) H. Update on M-1 Zoning District Study Matthews Report - Aug. 2006 Commissioner Ensler felt the item should be brought to the Commission as soon as possible. Mr. Bressner noted the name; "Matthews" was in error and should be omitted. Mr. Rumpf advised the RFP should be returned and a recommendation for a consultant could be presented by the August meetings. Mr. Bressner suggested the wording be changed to, "Selection of consultant for M-1 zoning district study". XI. NEW BUSINESS: A. Preliminary consideration to amend City Codes and/or Ordinances to include requirements for demolition and remediation following approval of site plan. Mr. Bressner introduced Mr. Jorgenson, President of the Chamber of Commerce, to give a short presentation on the issue. Bud Jorgenson, 639 Ocean Avenue, President of the Chamber of Commerce, explained the request came from the Chamber's Business and Government Affairs Committee, to revise the ordinances or regulations requiring sites be demolished by developers as soon as 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 possible at the time of site plan approval. Especially vacant buildings that are an eyesore or create safety hazards were the basis of the concern. Commissioner Ensler clarified the three areas to be addressed would be to protect the citizens, visual impact and unauthorized use. Commissioner McCray questioned if the burden should be placed on the developers without further study of possible solutions. Mr. Bressner mentioned Code Compliance are a part of the process when complaints are filed. Adaptive re-use of buildings during the construction process would also need to be considered. He requested staff attempt to incorporate a provision in the Code for demolition or adaptive re-use of properties. Mayor Taylor declared consensus of the Commission was in agreement with Mr. Bressner's suggestion. B. Preliminary consideration of a request for code review from Ms. Leeza Arustamyan to amend the Land Development Regulations, Chapter 2, Section 6.H.15. Suburban Mixed Use Zoning District to add "Massage Therapy" as a permitted use within the Live/Work use list of the SMU zoning district. Mr. Rumpf explained why the issue had been brought before the Commission. Staff had created a Suburban Mixed Use (SMU) zoning district to support modern development west of I- 95. The Live/Work uses allowed home/office use that are close to commercial areas and have higher densities. Less intensive uses were included. The applicant had gotten the consent of greater than 51% of the landowners which is a prerequisite. Leeza Arustamyan, applicant, 9687 SW 1st Place, Boca Raton reviewed her request. The current business is operated as a mobile business. Ms. Arustamyan was the administrative staff and her spouse was the masseuse. The client base is not large at this time. The business is incorporated and Mr. Arustamyan does hold a Florida State license. The corporation is fully insured and a member of the Florida State Massage Therapy Association. The intent of the business is to supply medical assistance to their patients. The proposed site would be located in Renaissance Commons at 45 Via de Peppi and one of 48 Live/Work units allowed in the community. A package of information was distributed to the Commission and a copy on file in the City Clerk's office. Commissioner McCray voiced concerned with the possible types of therapy that might evolve with the business. Ms. Arustamyan appreciated Commissioner McCray's concern but pointed out the licensing had to be reviewed every year before renewal of the license including any misconduct or inappropriate behavior. The intent was to offer therapeutic massage only and not include any entertainment services. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor returned to the Commission for comment. Mayor Taylor mirrored Commissioner McCray's comments and concerns. He expressed concern over the precedent that might be established. He noted it is difficult to investigate and monitor a home setting. Mayor Taylor would not support the request. Commissioner Ferguson felt the Commission could move forward with the preliminary consideration but shared Mayor Taylor's concerns. Commissioner Ensler did not feel staff should expend more time on a request that would obviously be refused. 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Mayor Taylor asked for further comment. He declared the Commission did not wish for staff to proceed with the item. Mr. Rumpf did explain a live/work use does have commercial space and is required to meet commercial building standards for separation. Each use has to be licensed and inspected by the City as well. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-036 RE: Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust Fund" in the Boynton Beach Code of Ordinances entitled "Pensions for Police Officers". (Tabled to June 20,2006) Motion Commissioner McCray moved to remove the item from the table. Commissioner Ferguson seconded the motion. The motion passed unanimously. Mayor Taylor opened the issue for publiC comment. Herb Suss, Quail Run, felt comfortable with the proposal as a citizen of Boynton Beach. The department was fully staffed and most of the younger officers would not qualify for the requested change for many years. Rather than lose any officers, Mr. Suss, felt the change should be approved. Sgt. Charles King, Boynton Beach Police Department, briefly reviewed the background of his police career with the City of Boynton Beach. He served the City as a road patrol officer, vice agent, community high school officer, walking beat officer, police investigator and ultimately a sergeant working in some of the most troubled areas of the City. He asked the Commission honor their commitment to him and other officers, as he has honored his commitment to the City. Lt. Gary Chapman, Boynton Beach Police Department, had supplied as much data as possible to assist the Commission in making a decision. The current proposal had taken a couple of years to design and submit to the Commission. He advised the Police Pension Board had better returns than either the Employees' Pension Board or the Firefighters' Pension Board. He contended a defined benefit program differentiate public service employment from private employment. The impact of the proposed change will mostly be deferred until the younger officers reach retirement age. Commissioner Ensler was concerned the proposal could create an environment for abuse that was not being realized. The question continues to be the appropriate, reasonable percent of salary that will be paid to each officer. Commissioner Ensler gave examples of several officers 21 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 that are receiving more than 100% of their base salaries. He noted several other municipalities use a lesser percent of base salary to compute the pensions than the City of Boynton Beach that uses 100% of base salary for the computation. Although Commissioner Ensler agreed with the increase, he wanted some sort of safety value to prevent possible abuse. Lt. Chapman agreed there are issues with some current retirees, but the change would alleviate the issue for the younger officers when they reach retirement age. He pointed out that State Law requires that overtime be included with a minimum of 300 hours. None of the officers will retire at a base salary making the comparison to base salary inappropriate. Previous buyouts have actually given the amounts reflecting the changes now proposed. Other municipalities use different formulas to compute the retirement pay that makes comparison by municipality also unreliable. Commissioner Ensler alleged State law for pensions includes overtime, but not vacation pay, sick leave or a thirteenth check, all of which add to the apparent discrepancy. He could not justify paying any City employee a higher pension than their base salary when they leave the City or an average that is more than the base pay. Matt Immler, Chief of Police, contended the examples given by Commissioner Ensler occurred when the Police Department was in a different posture. Eight hour shifts precipitated an increase in available overtime, especially for senior officers. With twelve hour shifts, the majority of overtime arises from special details or secondary employment. Chief Immler felt it was reasonable to give police officers as much as possible because everyday they put their lives on the line to protect others. Commissioner Ensler was willing to approve 3112% as long as there was some type of cap similar to other municipalities. Lt. Chapman interjected there had never been a 100% of annual pay benefit paid and there never would be a 100% of salary pension paid to any officer. He reminded the Commission that the majority of officers retire at the end of 20 years or enter the DROP program. Sergio Casaine, 13 Meadows Park Lane, commented the profession of police officer is greatly misunderstood and not compensated properly in his view. The pressure and life expectancy of a police officer does not compare with other professions. Mr. Casaine felt the pension should be a yearly salary minimum with a cost of living adjustment (COLA) In consideration of all the items police officers need, due to the type of work, 100% would be very fair. Lt. Jeff Katz, Boynton Beach Police Department, appreciated Commissioner Ensler's perspective; however, the most expensive thing would be to lose a police officer to another department that Boynton Beach Police Department had trained. Lt. Katz voiced concern that the decision was being based on speculation of something that had yet to occur and would not occur in the future. It would jeopardize the loss of the experience and expertise needed for an A-1 Police Department. The cost of losing seasoned police is far greater than the cost of the proposed increase. Officers will stay for the entire 20 years and the City will reap the benefit of having a professional Police Department. Ofc. John Huntington, Boynton Beach Police Department had 5112 years left of his 20 year career and has reached the cap of the salary level. Ofc. Huntington volunteers for as many 22 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 overtime details as possible to bolster his retirement benefits. The changing inflation rate~ alone warrant changes in the computation of pension benefits. Mr. Bressner considered the Boynton Beach Police Department to be the finest he had worked with over his 30 years as a City Manager. He felt the proposal was a reasonable offer even though it would cost the City more in the long term. Alternatively, the entry age funding method would save the City money. The smoothing method utilized for the rate of return would stabilize the expectations, which is an advantage to the City. The additional cost does not outweigh the benefit of police retention and better recruitment. Mr. Bressner supported the changes as proposed. He did suggest the Pension Board review Commissioner Ensler's concerns and discuss a possible percentage cap of earnings. Mayor Taylor added police officers have a very different standard of living than "Joe Lunch Bucket" to adhere to the, "conduct becoming a police officer" higher standard. Mayor Taylor retired from a military career and his retirement warranted a part time job and even 100% would not have been enough. He was exceptionally proud of the changes in the Police Department over the last few years. He fully supported the proposal. Bill Mummert, Director of Financial Services, advised the current budget is based on the 10-1-05 actuarial evaluation and would not take the proposal into consideration. The changes recommended of using the entry age method, an 8% investment return and 3V2% multiplier, results in a small reduction in the budget number by $50,000 or $60,000 for the 06/07 budget year. Commissioner McCray was in favor of the proposal, but shared some of Commissioner Ensler's concerns of future problems. Vice Mayor McKoy felt the officers could not be rewarded enough for what they do for the City protecting and preserving a safe way of life. He supported the proposal. Commissioner Ferguson remarked if Social Security was not available for the officers in the future, their pensions would probably not be worth very much either. He also supported the proposal. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-036 Vice Mayor McKoy seconded the motion. Commissioner Ensler reiterated he was in favor of the increase to 3112% but remained concerned about potential abuses. Vote City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ensler dissenting) 2. Proposed Ordinance No. 06-049 RE: Amending the Code of Ordinances, Chapter 13, Occupational License, Sec. 13-4, Classification and Fee Schedule to provide for a 5 percent increase in license fees. 23 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Attorney Cherof read Proposed Ordinance No. 06-049 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-049. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 06-050 RE: Approving the consolidation of powers of the Children and Youth Advisory Board and the Education Advisory Board; amending Chapter 2, Article VIII changing all references from "Education Advisory Board" to "Education and Youth Advisory Board". Attorney Cherof read Proposed Ordinance No. 06-050 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-050. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-057 RE: Adopting an amendment of Part III, Land Development Regulations, Chapter 1, Article V, Impact Fees and Dedications. Attorney Cherof read Proposed Ordinance No. 06-057 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-057. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 06-058 RE: Amending Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new sub-section (C) entitled "Generators - Exemptions". 24 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 Attorney Cherof read Proposed Ordinance No. 06-058 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-058. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 06-059 RE: Enacting restrictions to fishing on the Boynton Beach Boulevard promenade area east of Federal Highway to the Intracoastal Waterway. Attorney Cherof read Proposed Ordinance No. 06-059 by title only. Mayor Taylor commented the Ordinance should read, "enacting prohibition" rather than enacting restrictions". The entire Commission agreed with the change. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-059 as amended. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. D. Resolutions: 1. Proposed Resolution No. R06-113 RE: Approving the dedication of a 1.59-acre conservation easement in conjunction with the conditions of site plan approval for the Children's Services Council offices. Attorney Cherof read Proposed Resolution No. R06-113 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution R06-113. Commissioner McCray seconded the motion. The motion passed unanimously. (The hearing of this item was moved by prior motion.) XIII. UNFINISHED BUSINESS: A. Selection of Steering Committee for 2006 American Assembly Program for Boynton Beach. Mr. Bressner agreed with the procedure of each Commissioner having two appointments to the steering committee and then the five other selections would be agreed upon. He asked if the criteria should be those individuals living in the City of Boynton Beach or having a business in the City of Boynton Beach. Consensus was reached that the same criteria should be utilized. Mayor Taylor noted if the all the categories are not represented on the steering committee, they 25 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 will be filled in the selection of the 80 other participants. It was agreed the City Manager should have one selection. Mayor Taylor had submitted two names and Commissioner Ferguson submitted two names and two alternates. Mr. Bressner indicated the first steering committee meeting had been tentatively scheduled for the first week of July or the second week of July if the steering committee is approved at the July 5th City Commission meeting. After discussion, it was decided the list would be submitted to the Commission without the requirement of approval at the next Commission meeting. XII. LEGAL (Continued) E. Other: 1. Recess for Closed-Door Session to discuss the following cases: City of Boynton Beach vs. Marwan Ghali, Suhair Gali, Johnny Lee Roberts, et al. Case No. 502006 CA 004137 XXXX MB AO City of Boynton Beach vs. Marwan Ghali, Suhair Gali, Blanche H. Girtman, James L. King, Wayde L. King, Leroy King, Dollie Robinson and John K. Clark, Tax Collector. Case No. 502006 CA 002933 XXXX MB AO Attorney Cherof stated for the record and the benefit of the public, he had requested the Commission go to a closed door session to discuss two cases of which the City is the plaintiff with multiple defendants. Attorney Cherof read the case captions including case numbers as stated above. Attorney Cherof announced the Commission would be in recess in closed-door session for approximately 45 minutes. In attendance would be the members of the Commission, City Manager, City Attorney and Deputy City Attorney. At the conclusion of the closed-door session, the Commission would be required to come back to chambers to adjourn the regularly scheduled meeting. The Court Reporter would be in the closed-door session on behalf of the Clerk's office. The public was invited to stay for the adjournment only if they desired. The public meeting was recessed for the closed-door session. XIII. UNFINISHED BUSINESS: (This item was heard earlier) A. Selection of Steering Committee for 2006 American Assembly Program for Boynton Beach. XIV. ADJOURNMENT: As stated by Attorney Cherof, the Commission adjourned the regular meeting following the closed-door session. 26 Meeting Minutes Regular City Commission Boynton Beach, FL June 20, 2006 ATTEST: ith A. Pyle eputy City Clerk (062206) CITY OF BOYNTON BEACH J;~~ Vice Mayor - Carl McKoy 7 J:d C~ L--- 27 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Enginllering Occ. License De!)uty City Clerk PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Steven L. Cohen APPLICANT'S ADDRESS: 2941 W. Cypress Creek Road, Suite 102, Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2006 TYPE OF RELIEF SOUGHT: Request for a Height Exception to allow elevator and stair towers above the 35 foot height limit in the C-1 zoning district. LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 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 Applic~t t/' 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 ApplicaJ)t's application for relief is hereby --'L'"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 b-6l2-o'==' S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\HTEX 06-003\DO.doc ~ 1 In. = 300.0 feet EXHIBIT "A" PCD PCD Home Dep t C3 LOCATION MAP PYlON INTERSTATE PlAZA Phase /I LOCATION MAP \ () ~ ,r-/'-- '- { (7\ \"-\ .! . 'Y-, I; I,. 1'..1 0~ r=- <:> , IE i I =_ _ d( , ~ I-- I fg:: I - =~ I-- I I-- =~ I I-- -= r t?) 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EXHIBIT "e" Conditions of Approval Project name: Pylon Interstate Plaza File number: HTEX 06-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\PJanning\SHAREDI WP\PROJECTS\Py]on Interstate Plaza\HTEX 06-003\COA.doc S:\PlanningIPlanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA DevelOllmil'lt PIH Building Englrlooring Occ. LIC:IlI'l80 Deputy City Clerk PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Steven L. Cohen APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006 TYPE OF RELIEF SOUGHT: Request Conditional Use approval for the second phase of construction for a 29,419 square foot office building in a C-1 (Office Professional) zoning district on a 0.86 acre site. LOCATION OF PROPERTY: 1501 Corporate Drive Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~AS 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 ApplicC!flt'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 ~-~3-0b DATED: S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate PlazalCOUS 06-004\DO.doc .... 1 In. = 300.0 feet r(;;~ \"'\ i-, Y EXHIBIT "A" PCD PCD Home Dep C3 LOCATION MAP PYLON INTERSTATE PlAZA Phase" LOCATION MAP - I -I u =1 "' - i . ~ I ~ . - I I I I( I ~ :I i I I - I I - $ ~hi I" tH~ JIll ~ I , ~ l'l II, 'I' I I . 'E! ~I ~ I III I - ii .. 6 ~ trnt4'S1 '1N" T4 ~ -- .. -.lIOO& ----==- If!!!",,),) fIlllf"I",I!!!II~! 'I /I ii W !! I jllIl IliI II ~ t 2 ~.ii.. Ii I ~ ~ PYLON IIIfRSTATE PLAZA PHASE II - CllII'OllA1E 11M IlMmIIIaQI R." ,..,.-;--..- . ... ~ .. ---- ~ IJ,. pi : ~d L ! 'f I~ . I {}.o I ~ l~~ S I . I pl!jf!j ~ I I I I ~ I I s~ I ~ ~ I J . .RIIIH , . i . ~ ~ ~ t 'i : . ~ I [ I ~I I - :,.. I 1 I I ~ I ~ I t ~ I ! ~ I . ~ ] n . ~ I 1IH"~~ $ I .: . ~ I 'I , M - I f p Ii {}{} f . I ~ I I I I . I I : I I ... I 1 , J ~ !" . - _.~ -- ..~ -~ ~ ~ I I f & t ..! ~ . o III 0 o It Pn.ON IllERSTA1E PLAZA PHASE II . STEVEN L. COHEN _ ~_ AND A..aeIATE., P.A. _ -....--- aCID N.w. .... 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PHASE H ~r"_ If If .e EXHtDff .". o .11 !ri " if 'q ~i "fi ~ s I !~ ~~ .~ ~z i~ J p , , , " i'. G.'~ G<. G.': . STEvEN L. COHEN AND A..OCIATEtI, PoA" ------ 80a N.W. ..... Aw.,. ..... 40e ~=r~~.::= --------- 'jAP '~'. :~/ '.-i:: ,: EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: COUS 06-004 Reference: 15t review plans identified as a Conditional Use with an April 18, 2006 Planning & Zoning date t k" s amp mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. There is a vertical conflict between the dumpster enclosure in the southwest X comer and three Madagascar Olives proposed on either side of it. Replace the Olives with a species of tree that will not conflict with the vertical clearance required for Solid Waste pickup. PUBLIC WORKS- Traffic Comments: 2. An updated administrative waiver from Engineering will be required to use X 9 foot x 18 foot parking stalls. The applicant may use the standard under which Phase I was constructed (B-9800 1) which allows for a minimum 9 foot x 18 foot stall with a 27 foot backup distance (aisle width) or may use the current standard K-l which calls for a minimum 9 liz-foot x 18 liz-foot stall with a 25 foot backup distance (aisle width.) The applicant may not "mix and match" the two standards. Staff recommends the use of the older standard drawing B-9800 I for consistency between the two phases of the project. UTILITIES Comments: 3. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 4. Show all utility easements on the site plan and landscape plans (as well as X the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. For instance a Live Oak is specified on the east side of the new building where there is an existing 8-inch water Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT main and proposed meters and a fire line. 5. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed (or existing) easements on the engineering drawings, using a minimum width of 12 foot The easements shall be dedicated via separate instrument to the City as stated in the CODE, Section 26-33(a). 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by msurance underwriters, whichever is greater (CODE, Section 26-16(b )). 7. 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 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 8. 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. 9. Appropriate backflow preventers will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 10. All utility construction details shall be in accordance with the Utilities X 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: 11. Design documents shall demonstrate compliance with Land Development X Regulations Chapter 6, Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall not be more than 300 feet apart and the remotest part of any structure shall not be more than 200 feet from a hydrant. Connections shall be to water mains that are not less than 6 inches in diameter. Domestic residential pressure shall not be less than 20 psi and must maintain a fire flow of at least 1500\ gallons per minute. 12. Where underground water mains and hydrants are to be provided, design X documents, must demonstrate that they will be installed, completed, and in service prior to construction work per NFP A, (1997) Section 41-2.3.2. POLICE DEPARTMENTS INCLUDE REJECT " Comments: None X ENGINEERING DIVISION Comments: ] 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. ]4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the Commission and at permit review. ]5. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 16. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: ] 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 18. Indicate within the site data the type of construction of the building as X defined in 2004 FBC, Chapter 6. ]9. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 20. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 21. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of 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. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 23. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 24. 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. 25. 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) 26. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 27. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Existine Trees Manaeement Plan Sheet TS 1 of 1 X 28. The Landscape Architect should tabulate the total diameter inches (approximately 200 diameter inches) of existing trees on the site proposed to be removed and replaced on site. The replacement trees should be shown by a separate symbol on the landscape plan sheet LP 1 of 1. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 29. The Palm trees shown to be installed along the West and South perimeters X of the building should be approximately 35 feet in height to help visually DEPARTMENTS INCLUDE REJECT screen the mass of the building from the adjoining residential properties. PLANNING AND ZONING Comments: 30. The approval letter from Palm Beach County Traffic Division for traffic X concurrency will expire at the end of 2006. If the applicant believes the building permits will not be issued prior to the end of the year, an updated letter should be obtained from the County and submitted to the City. 31. The light fixture detail should depict the type of baffling/shielding proposed X to ensure there is no light spillage onto adjacent properties and that the lighting element itself will not be visible to the residents to the southwest. 32. Approval of this project is contingent upon the approval of the X corresponding request for a height exception (HTEX 06-003). X 33. Provide written verification from FP&L that they approve of the landscape material proposed within their 10-foot wide utility easement. If FP&L does not approve of the landscape material, then revise the plans to comply with the City code requirements and those ofFP&L. 34. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: l. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be determined. S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COUS 06-004\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Developmell' P&Z BulldilliJ Engln.irlllQ OCCl, I.Jo,nll~ Deputy City Cl6fk George Delarosa - Vice President/Treasurer Fosters Mill HOJ PROJECT NAME: Fosters Mill P.U.D. APPLICANT'S AGENT: APPLICANT'S ADDRESS: Florida Community Management Service, Inc. P.O. Box 9139 Coral Springs, FL 33075 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the side yard setback from ten (10) feet to eight (8) feet and rear yard setback from five (5) feet to three (3) feet for construction of screened roof enclosures, and rear yard setback for pools from eight (8) feet to five (5) feet. LOCATION OF PROPERTY: Fosters Mill P.U.D.: North side of Miner Road between Congress Avenue and Lawrence Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 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 ApplicaJlt ~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 Applica!)t's application for relief is hereby ~GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 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" '" -< ~ .. % ,. i' i ~ " " ;; i -< OM ZlN....t"rIOIO_ ~IO_.~ _.. -..-..'tIa:r.rIUIiIIIl.....~.. ~!~ -~ ~ \ \~ - . ---1..--- - I------- - I-- '-- I--- - - - - - - - ....., --1 ---1 l~8t aAHOAlWOOOO ~ I- ~ ~ l~ . II 11011)10 Sll"-'O <~; ~ =1 - - '-- =1 ,,- '" 1=[ - -- ,---I- _ f-- -- - - - ~, ~ "- - - f- Q) JE ('I) 0> ex) ('I) II .S <( ......, -- ..c -- ..c >< W - - -- ~ en ~ (J.) ......, en o LL .+. EXHIBIT C . ~.... Zero Lot LIne Hom.. - Executive Ea~ (cnrv. G"n) ! .. pUDZ~lnll i:~li: :!!~> ICSilii ~ r . IIMI"'" _-~~.~;ontl ~z;~ !;..'Z, i&.p' ~! \ - - - : CIYOv)l'.iNDf - -~ -:~- I !::!;e u 0 iir.. F ... ,." -..... =~ lit ~_ ",,,>0 ,,:;tc "0 J:,~ b~i - ~~...- .: ~'L -I!. JfI-= - ~~~= ~I= 11&: ~t-L-__+_ .!~. - -i!:i- ... I!_lll-LJ(I--<_..... ------+-: -\ T !;~!: 8~z J&.r~i; 1'1 'Il I tetL -....- Il::~:.._ I . 9 l;...-~ I.. -i t _ :..: o s ~-.... --- - . I '(1"a-M"7, I ->--n............ "pP: if;' "' f-;; ~ :;2 ~ 'lYNJ?ot-'k't - ! -......-'{. ~!!!!!!:-: ~ 1:0 ~ 'oJ ~! - ~ . 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MASTER PLAN ; FOSTERS Mill a PuD "" 13m ~n~"'J:""T.61 un..J::lQ: EXHIBIT "D" Conditions of Approval Project name: Fosters Mill File number: MPMD 05-010 Reference: I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Conunents: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The Homeowners Association is responsible for updating the master plan to X reflect this modification approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The rear yard setbacks for screened room enclosures and pools remain as is X for Lots 49,50,62,63,68,69,91, & 92, due to rear yards not abutting open space. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\PJanning\SHARED\WP\PROJECTS\Foster Farm PUD\MPMD 05-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Muvico Theatre Development PSZ Building Engineering Oee. L1cenle Deputy City Clerk APPLICANT'S AGENT: George Figler APPLICANT'S ADDRESS: 3101 N. Federal Highway 6th Floor Ft. Lauderdale, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006 TYPE OF RELIEF SOUGHT: Request for a one (l)-year time extension for the Muvico Theaters and 17,518 square feet of retail space at the Boynton Beach Mall Site Plan and Height Exception Development Orders (MSPM 05-001) and (HTEX 05-003) which were approved by the City Commission on April 19, 2005. LOCATION OF PROPERTY: Boynton Beach Mall- 301 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,/' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby V'" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: b -a~ -ob Yn.~ S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\SPTE 06-004\DO.doc I I IffiI D 1I0T( -- IJ! 5 l.;. J...l lb 1 .-1' -/1 -" CI '/ BOYNTON BEACH MALL LOCATION MAP L_t! ~ s 2J '" i ~c CIj rro ~ T ,/ c: I .... I ~~ L 1::1 ~ l "1 I fdi ~ Exhibit A '\... ( ~ I 8 ! l~"'_ j TI III B -- (1;1:" -t:~ -t:!j t~ I f ~ffJDmD 7~ I lIIllDalsiiiJl r-- OIIIDmauIDm ~ I -1\ I 2tJT h. ,111 ~~ lr- ~ ~~ L- "1 I II' m ,_. ~ -~ r~TI o~UJ'1,-1 v. ~ - "tJ ~ r- i~ln.11 -, "' I , II 1.11 nil IT I I II II I 1,100 550 o 1r ] l-l 1,100 Feet N A [Jo\BOYNTDNBrACH DP29\D'WG\MW1Co-50.D\IG D3/DVOS 1lW!0 yll o o o ----~--"P-0~-- 8 ~ ~ '" ~ .or ;lJ '\)~ O:z ~6 :z "S: Me ,,< ~() NO SE.M ;lJ '\)~ O:z T ~ 1 I ~6 :z ~a Lf ,.. .. ... ,.. ,.. , , illli I" II' i" 'I ; II' WI iiiii I a I! ~ ~U~I I ~B~A ; i ~~~ ~ i! I'I.! ! '"' -,j i o I! ..!, Illi' ~ i . ~~! ~6 ~.. ;! ~ ~a ~~ =l I I';\!ZE " f . g x~ ~ UlUl Ul I. lill iil : 1'1 II ~ i i I~ ~~~! Jill U ~ t~. ~ (")fT1 "tl ~ i ss 2 P t .j ill~ fTI g~i ~~ I ~~18!l ~ I i () . ~i~ ~~ ~...~ ~a a~ . fTI() j> ~.~I ~~ ~ ..I';~ o. . ZfTI r :< ;! 15 ~n ~~ ~a~ ,..~~~ as ~ ::E> w~ ~ ill a ai!~ ~ ~ >::0 i!!i ~EI ~ I! i; I~~ 6~~ i~ Fr;! ~ ~6 !l~~ e :: ~ . ij IS ~ ~ ~~w ~ fTI ;l r ~bE;;~ . ;JJ ilf! II !I Ii II ~!l ~~I IS . IS Ul ~.;l ~ ~ l ;;ee5 ;l ~ ;l l!l .. I'; I BOYNTON BEACH MAll SIMON ! III URS .- I I01IlORTHCONORESS_ . J J ~ IIO'/NTON lEACH, R._ ! ~ --- . ....- - -co,,,- MWICO THEATER II' w. w........... ''''-'''''''"-Y''''''-~ . .....__ HI .. ,.. , T..... FIoIfde:DlO7 ""3)"'7'1 I SITE PlAN ........... IN_ ~-....- 0 ..- 311.636.1MJO - - " ..... t2IDO~JUlllOOll .- L --1 EXHIBIT "e" Conditions of Approval Project name: Muvico @ Boynton Beach Mall File number: SPTE 06-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. All previous conditions of approval must still be complied with. X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\SPTE 06-004\COA.doc