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Minutes 08-19-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 19, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Woodrow L. Hay, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay The meeting was called to order by Mayor Taylor at 6:30 p.m. An invocation was given by Commissioner Hay who then led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections There was a conflict that would necessitate the tabling of Item IILC.2. Mayor Taylor indicated the City Manager had requested that Item IX.B and IX.C. be heard prior to the presentation by Ms. Pelton regarding SOl(C)(3). The agenda could be re-organized. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Rodriguez congratulated and extended his appreciation to the Police and Fire Departments and the City Manager for weathering the effects of Tropical Storm Fay. 1 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Commissioner Hay gave an update on the East Boynton Beach baseball team's progress at the World Series. The team had lost during the playoffs by a score of 8-7, yet they deserved congratulations for their outstanding efforts. Commissioner Hay had also attended the Florida League of Cities Conference and reported the CRA of Boynton Beach was one of only three cities recognized for their creativity and foresight. He congratulated the Executive Director and her staff on a job well done. Mayor Taylor advised he was proud that the City was recognized for outstanding achievement by the County and the State. International recognition would also be given at a conference in Canada. The CRA certainly deserves the credit. It was also mentioned that a new liaison to the Sister Cities should be appointed. Vice Mayor Rodriguez had served last year. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. September 2, 2008 City Commission Meeting at 6:30 p.m. and Regular CRA Meeting immediately thereafter. (CRA moved from September 9, 2008) 2. September 16, 2008 City Commission Meeting rescheduled to September 18, 2008 at 6:30 p.m. Mayor Taylor announced the regular City Commission meeting would be held on September 2, 2008 and the CRA regular monthly meeting would commence immediately thereafter. It would be the first public meeting on the City's budget. Due to the anticipated lack of quorum being present, the second Commission meeting for September, 2008 was changed from Tuesday, September 16, 2008 to Thursday, September 18, 2008 at 6:30 p.m. This would be the second public hearing on the budget. B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by Susan Chapman of the Solid Waste Authority to the City of Boynton Beach of an award for Outstanding Efforts in Recycling. 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Motion Commissioner Ross moved to table Item III.C.2. Commissioner Ross seconded the motion. The motion passed unanimously. (The following item was taken out of order.) IX.B. Provide direction regarding future action plan for construction of a new Police Administration Building on City-owned property at the corner of Gateway Boulevard and High Ridge Road and the sale of bonds in the amount of $25M to fund this project. Mr. Bressner reminded the Commission that as the budget got tighter; it would be his recommendation that other larger projects be held in abeyance and the police facility given priority. Construction of Fire Station #5 was ongoing at the proposed site that was designed as a safety complex. He noted the proposed State legislation requiring Green Code compliance would necessitate a higher cost as would the addition of a parking deck, for a total estimated expenditure of $31M. The City had bonding capabilities in the range of $25M to $28M. The original capital plan was to borrow $25M if the project would be brought in under bid and still take advantage of lower bidding prices. Currently there was $2.9M budgeted for Phase 1 of the Boundless Playground with the cost of the project being funded by creation of the Foundation. If the police facility project went to $31M, the funding for the Boundless Playground and beach project would be jeopardized. The Recreation and Parks budget has $4M available for parks. The Oceanfront Park project has an estimated cost of $2.4M which could be funded from Recreation and Parks available funds. Alternative funding scenarios were discussed. Mr. Bressner stressed many projects had been completed over the last ten years. He felt it was necessary to move forward with the police facility construction and the beach project, but to continue to strive for the completion of the Boundless Playground project. The three funding options were as follows: .:. Proceed with building the police facility assuming the cost of $25M, with the Green Code compliance adding 10%. .:. Proceed with the $31M and adversely affect the other capital projects, adding 10% for Green Code compliance .:. Investigate other independent financing and near term debt requirements. Vice Mayor Rodriguez clarified that the public service tax money of $1.8M was debt service. Commissioner Hay developed the fact that other park projects such as the Nautical/Meadows Park, Winchester Park and Optimus Park would be delayed, all within Commission District four. Mr. Bressner pointed out the increase in the bond issue above $28M would cause an issue. Vice Mayor Rodriguez supported building the new police facility, but felt with value engineering 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 and a decrease in the square footage, the building should be brought in at the $25M figure to keep the bond issue at $28M. Mr. Bressner indicated the new Green Code implications were an issue and the building would be one of the first to comply with those regulations. Commissioner Hay agreed with Vice Mayor Rodriguez with the caveat that the Heart of Boynton and Ocean Breese projects continue also, Chief Immler advised the anticipated growth in personnel would be approximately 40 officers over. the next ten years, for a total of 200 officers. Commissioner Weiland also wanted to move forward with the police project. He did raise the question regarding storage facilities for vehicles. Chief Immler explained cars involved in fatal accidents were required to be kept in storage until all civil and criminal proceedings had concluded, which could be 10 to 15 years. Either a new storage facility would need to be built or the tow companies could store the vehicles on their lots. Commissioner Weiland agreed the police facility should move forward as well as the public beach project, with the Boundless Park put on a temporary hold. Mayor Taylor suggested proceeding with Phase 1 of the Boundless Playground as the $2.9 M had already been budgeted for that segment. With the $4M available in the Recreation and Parks fund, $2.4M could fund the beach improvements and $600;000 could be used to develop that NauticafMeadows Park, leaving a balance of $ltvl. Mayor Taylor did feel the police facility should be built at the 81,000 square foot size utilizing alternative financing and interest rates to obtain the $35M. He felt a challenge to the Green Code mandates may be appropriate. Mr. Bressner suggested another option may be a lease to own situation with a developer. Vice Mayor Rodriguez offered the option that. a basic price point could be used and specifics provided how that could be funded either with a bond issue or a bank financing project. Mayor Taylor wanted the City Attorney to investigate challenging the Green Code unfunded mandate and any alternative financing available with a bank loan. Vice Mayor Rodriguez challenged the City Manager to build a 81,000 square foot facility at the $25M price range. Mayor Taylor agreed. Commissioner Hay questioned if police substations throughout the City had been considered as an alternative. Chief Immler contended substations were not cost effective and were not a deterrent to crime. Mayor Taylor declared there was consensus to move forward with the 81,000 square foot police facility to be built at the $25M price range plus incorporate the 10 percent Green Code mandates. Commissioner Ross remained concerned with the needs of the residents of District four and the lack of park and recreation facilities. Commissioner. Weiland pointed out additional park and recreation fees would be gained as new construction continued. Other projects would be developed as the revenue stream increased. Mayor Taylor declared there was consensus to proceed with the beach project for $2.4M and proceed with the NauticafMeadows Park project for $600,000. 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 3. Presentation by Ms. Charlotte Pelton, President, The Waters Pelton Organization, Inc., regarding the Capital Campaign Feasibility Study/ 501(c)(3) Foundation. Lori LaVerriere, Assistant City Manager, introduced Charlotte Pelton, President of the Waters Pelton Organization, Inc., who had completed a feasibility study regarding the formation of a 50l(c)(3) Foundation. Ms. Pelton gave an overview of her company and the methodology she used for the feasibility study. Surveys were used as well as interviews and questionnaires sent to possible contributors and participants. It was determined public awareness of the project was very low. Some of the concerns included the following areas: .:. Parks not evenly distributed throughout the City .:. Donors outside the City having too much influence .:. Relationship between the City and the Foundation .:. Harm to fundraising of existing organizations .:. Priority with other community needs .:. Economic conditions Formation of a board with a broad section of volunteers would be critical and should address the concerns of the participants in the survey. Clear direction from the board would be paramount before any fundraising efforts. The recommendation was to establish an internal goal of $l1M with strong consideration of phasing the projects beyond the Boundless Playground. A 12-month timeline should be established with review every three months for formation of the Foundation. A budget of $75,000 was suggested; $60,000 earmarked for administrative and $15,000 for marketing. Partnering with other established foundations was also an option. Mayor Taylor was in favor of moving ahead with the formation of the Foundation for the City of Boynton Beach only. He contended the contributors being sought would have a higher dollar value than any the local organizations utilized. The Foundation should be totally independent of the City. Mayor Taylor suggested the $75,000 be funded out of the monies already set aside for the playground. Commissioner Ross expressed her appreciation for the comprehensive study and inquired if other cities had created the same type of Foundation. Ms. Pelton responded the model does exist in other cities. Commissioner Ross noted there was a community Foundation established for Palm Beach and Martin counties. Ms. Pelton did not feel the funding levels were comparable. Vice Mayor Rodriguez supported establishing an independent board. He felt it would take time, but was possible. Commissioner Weiland indicated the City had established citizens and businesses that may be interested in participating on the board that could supply many contacts for funding sources. He was also in favor or establishing the Foundation. Commissioner Hay questioned the $60,000 for professional services. Ms. Pelton noted the City would have total control over any monies spent and it could be paired down. Mr. Bressner suggested part of the 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 motion should direct staff to proceed with an RFP for a professional services contract to support the operation and establishment of the Foundation. Motion Commissioner Ross moved to approve The Waters Pelton Organization, Inc. Capital Campaign Feasibility Study/ 50l(c)(3) Foundation. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to direct staff to proceed with an RFP for a consultant. Commissioner Hay seconded the motion. The motion passed unanimously. 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, 1711 Woodfern Drive, commended Bethesda Hospital as an outstanding facility with professional service and dedicated staff. He was especially impressed with Commissioner Weiland's wife, who had been awarded Nurse of the Year on several occasions. Mr. Suss also complimented Dan Hager and the golf course staff for their assistance, as well as the Palm Beach paramedics, during a medical emergency. He also commented on the potential of baby boomers coming to the City of Boynton Beach in the future and the increase in population that would result. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept the resignation of Eleanor Daly, a regular member of the Library Board. Motion Commissioner Weiland moved to accept the resignation of Eleanor Daly. Commissioner Ross seconded the motion. The motion passed unanimously. B. Appointments: Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor IV Ross Bldg. Bd. Of Adj. & Appeals Bldg. Bd. of Adj. & Appeals Reg Alt 3 yr term to 12/10 Tabled (2) 1 yr term to 12{08 Tabled (3) 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 III Rodriguez Cemetery Board Alt 1 yr term to 12/08 I II Weiland Hay Code Compliance Board Code Compliance Board Alt Reg 1 yr term to 12/08 3 yr term to 12/09 Motion Commissioner Hay appointed Jamie LaTour as a regular member of the Code Compliance Board. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez IV Ross Education & Youth Advisory Board Education & Youth Advisory Board Alt Stu N/V 1 yr term to 12/08 1 yr term to 12/08 Motion Commissioner Ross moved to appointment Luis Rodriguez as the student, non-voting member of the Education and Youth Advisory Board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. IV Ross Library Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Library Board Reg 3 yr term to 12/09 IV Ross Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) Motion Vice Mayor Rodriguez moved to table all other outstanding appointments. Commissioner Weiland 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" appmval 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. Special Budget Workshop - July 28, 2008 2. Regular City Commission - August 5, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 1. Award a piggyback to Palm Beach County Bid #08-060jCB awarded on June 20, 2008 for one year to Allied Universal Corporation to purchase bulk Sodium Hypochlorite (Liquid Chlorine) for an estimated annual expenditure of $179,670. 2. Award the "REPAIRS OF TWO (2) BRIDGES WITHIN THE CTIY OF BOYNTON BEACH", Bid #049-2413-08jOD to Bridge Master Construction LLC in the amount of $58,349.50 with a 10% contingency in the amount of $5,835.95 for a total expenditure of $64,185.45. 3. Multi-award Bid #057-1412-08jOD, "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications providing domestic merchandise and can provide commodity in a timely fashion to our warehouse for an estimated expenditure of $55,000. 4. Approve a one (1) year extension on Bid #025-15lQ-05/JA for the "ONE YEAR CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CTIY OF BOYNTON BEACH" awarded to Shared Technologist of Deerfield Beach, FL and approved on July 5, 2005 in the amount of $34,272 for the second extension - maintenance only. 5. Approve a piggyback of Somers, New York District Bid #5296 for the purchase of a 2009 Sutphen Heavy Duty SL-75 Quint from Sutphen Corporation for the amount of $613,715.88 with the immediate payment option. 6. Approve a piggyback with the City of Greenacres RFP #07-003, SPECIALIZED DEBT COLLECTION SERVICES, to Penn Credit Corporation, for the City's Collection Services at a commission rate of 17% of collected funds. 7. Approve a "Tempori;lry Sulfuric Acid Surcharge", Bid #0l1-2821-08jJA, "ANNUAL SUPPLY FOR SULFURIC ACID" to Shrieve Chemical Company of Woodland, Texas with an estimated expenditure for additional transportation charges of $15,427.50. 8. Approve a piggyback of GSA Contract #GS-07F-9491G for the purchase of four (4) emergency bypass pumps from Godwin Pumps of America, an authorized vendor under the GSA contract, for a total expenditure of $113,836.49. 9. Approve the purchase of two SCulptures from the Avenue of the Arts year long, on loan program, for permanent display in the City for a total of 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 $34,000, plus the expenditure of $6,000 to construct a base with electric and water for one of the sculptures. C. Resolutions 1. Proposed Resolution No. R08-086 RE: Ratifying a Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU, Florida Public Services Union, Blue Collar Unit regarding Work Breaks for shift and non-shift employees in Division 28 11 (Public Water Treatment). 2. Proposed Resolution No. R08-087 RE: Approving and authorizing execution of a Memorandum of Agreement between the State of Florida Department of Health, Palm Beach County Health Department and the City of Boynton Beach to provide Influenza and Pneumococcal vaccinations for a specific targeted group of Boynton Beach Senior Citizens. Commissioner Ross pulled Item VLC.2 for discussion. 3. Proposed Resolution No. R08-088 RE: Approving and authorizing execution of three Conditional Permit Agreements between the Lake Worth Drainage District (LWDD) and the City of Boynton Beach in support of the City's construction of the new regional force main. 4. Proposed Resolution No. R08-089 RE: Approving and authorizing execution of the First Addendum to Extension and Amendment to Agreement with the City of Boynton Beach and Paul W. Smith Enterprises, Inc. d/b/a Boynton Transit Advertising Company. Commissioner Ross pulled Item VLCA for discussion. 5. Proposed Resolution No. R08-090 RE: Approving and authorizing execution of Task Order No. U08-7-03 in the amount of $32,936 to Erdman Anthony of Florida, Inc., to provide professional engineering services for Section B of the Raw Water Main Interconnect project, plus an owner's contingency of 10% in the amount of $3,294 for a total budget appropriation of $36,230. 6. Proposed Resolution No. R08-091 RE: Approving and authorizing execution of Amendment No. 3 to Task Order U-04-18-2 for Stanley Consultants, Inc. in the amount of $62,081 providing for the development of a GPS protocol to incorporate existing and new field collected GPS data in the existing utilities base maps and development of a methodology to link, or georeference, existing as-built drawing images in Laserfiche format to the utilities base maps. 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 7. Proposed Resolution No. R08-092 RE: Approving a 12 month contract with Commercial Risk Management, Inc., for workers' compensation third 'party administration (TPA) services, with option of two one-year extensions for $24,500. Contract to be effective October 1, 2008. 8. Proposed Resolution No. R08-093 RE: Ratifying the actions of the South Central Regional Wastewater Treatment & Disposal Board on July 31, 2008: a. Accept 2008/2009 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures; b. Authorize the establishment of a user rate in Fiscal Year 2008- 2009 for wastewater in the amount of $.9977/1,000 gallons for Operations and Maintenance and $.1940/1,000 gallons for Reserves, bringing the total to $1.1917/1,000 gallons; c. Authorize Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal year 2008/2009 as follows: $0.16139/1,000 gallons; d. Accept the 2008/2009 Organization Chart and Salary Range Revisions as well as the two job description revisions and the addition of a new job position. D. Approve reduction in surety for the project known as Sea view Park Townhomes, reducing the required amount from the current value of $284,623.69 downward to $12,400. E. Approve the use of $2,000 from Commissioner Hay's Community Investment Fund for the Lena Rahming/Maude Ford Lee Scholarship Fund to provide assistance to former HeadStart students to attend college. Commissioner Hay pulled Item VI.E. for discussion. F. Approve the full release of surety for the water and sewer improvements at the projects known as Boynton Town Center and Boynton Village in the amount of $113,794.10. G. Accept the written report to Commission of purchases over $10,000 for the months of May and July 2008. 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Motion Vice Mayor Rodriguez moved to approve all Consent Agenda items not pulled for discussion. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C.2 Proposed Resolution No. R08-087 RE: Approving and authorizing execution of a Memorandum of Agreement between the State of Florida Department of Health, Palm Beach County Health Department and the City of Boynton Beach to provide Influenza and Pneumococcal vaccinations for a specific targeted group of Boynton Beach Senior Citizens. Commissioner Ross noted paramedics would be compensated with comp time even though it was an initiative of the State. Chief Bingham responded the City was part of the County coalition for the flu shots and had been ongoing for several years. Many of the citizens are low income and this provides their only opportunity to receive the shots. The service is not being duplicated with any other County or State programs. Vice Mayor Rodriguez brought out there was no income level requirement. Motion Commissioner Ross moved to approve the agreement per resolution authorizing a Memorandum of Agreement. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI. CA Proposed Resolution No. R08-089. RE: Approving and authorizing execution of the First Addendum to Extension and Amendment to Agreement with the City of Boynton Beach and Paul W. Smith Enterprises, Inc. d/b/a Boynton Transit Advertising Company. Commissioner Ross questioned if the shelters already existed or being completed. Mr. Bressner replied the shelters were substantially completed. The request was precipitated by the renovation of Jaycee Park and the addition of a bus shelter at that location. There would be no cost to the City; however, the resulting advertising revenue is shared with the City. Motion Commissioner Ross moved to approve via resolution the First Addendum to Extension and Amendment to Agreement with the City of Boynton Beach and Paul W. Smith Enterprises, Inc. doing business as Boynton Transit Advertising Company. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.E Approve the use of $2,000 from Commissioner Hay's Community Investment Fund for the Lena Rahming/Maude Ford Lee Scholarship Fund to provide assistance to former HeadStart students to attend college. 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Commissioner Hay challenged the Commission to also support the worthwhile cause that has existed for many years. Mayor Taylor donated $1,000 to the Fund. Commissioners Ross and Weiland contributed $500 to the Fund. Vice Mayor Rodriguez contributed $2,000 to the Fund. Motion Commissioner Hay moved to approve Item VLE. with the additions as announced. Commissioner Ross seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: Country Inns and Suites (SPTE 08-006) Robert E. Currie of Currie, Sowards, Aguila Architects Anand Patel LLC (Anand Patel, Managing Partner) 2201 South Federal Highway Request for a one-year site plan time extension for site plan development (NWSP 06-026) for construction of a 42,367 square foot, 62 room hotel and a 9-foot height exception (HTEX 06-008, approved on November 21, 2006, thereby extending the one-year time extension to May 21, 2009. Attorney Cherof administered an oath to all those intending to testify. Ed Breese, Principal Planner, reviewed the request for a site plan time extension and located the property. The working drawings were not completed and current economic trends prohibited finishing the project at this time. Mr. Breese noted the concurrency requirements would need to have an updated approval letter from the County and payment of the utility reservation fee would be required to assure capacity is available. One letter of objection from a resident in the vicinity addressed the traffic levels on Federal Highway. The original traffic concurrency letter indicated only 29 additional trips daily over the previous use. Staff recommended approval of the site plan time extension. Robert Currie, Architect, added the owner had new backing that would enable starting in February 2009 with anticipated completion by the end of 2009. Vice Mayor Rodriguez reiterated his original opposition to the project. He did not feel the hotel would be viable in the area since it would not attract families, rather indigents and a higher crime rate. 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Commissioner Weiland did not like to grant extensions, but felt the possibility of the project going forward on the site was better than no development. He shared Vice Mayor Rodriguez's concerns with transient occupation and associated crime. Mayor Taylor noted if the new project would be more upscale it may force the business behind the hotel to improve their conditions as well since the owners were related. He agreed with the one year extension. Mayor Taylor opened the issue for public hearing. Herb Suss, 1711 Woodfern Drive, agreed with the one year extension to accommodate the influx of baby boomers that would enhance the community in the area. The development would create jobs and add a revenue stream. Mr. Currie noted staff had been diligent in reviewing the character and quality of the establishment. The project would include an indoor swimming pool and be a real asset to the community. Motion Commissioner Weiland moved to approve the one year site plan extension. Commissioner Hay seconded the motion. The motion passed 4-1. (Vice Mayor Rodriguez dissenting) IX. CITY MANAGER'S REPORT: A. Discussion for new Towing Services Contract mode! Lori LaVerriere, Assistant City Manager, advised the current towing contracts had been extended until a new RFP could be completed. Staff had found four models in the County for towing contracts. She explained the current rotation practice with six vendors. A second model was a franchise possibility to a single company for a fee establishing a market value for the directed business they would receive from the City. The third model was a franchise fee to several tow vendors competing on a RFP with an award to several top bidders. The last option is a rotation style bid setting a minimum bid to the vendors, and if all criteria was met, becoming part of a rotation, after submitting a minimum franchise fee or bid. Staff recommended that the City fleet tows should be at no charge rather than the current 50% reduced rate and storage fees also be free since the vehicles are ultimately given to the tow company. Sgt. Craig Anthony explained vehicles to be stored are brought to the police station and the tow contractor bills the City for the time the vehicle had been stored. He suggested the tow companies be allowed to keep the vehicles and seek reimbursement from a lien holder, insurance company or owner. Commissioner Hay questioned the security involved with any evidentiary issues. Sgt. Anthony advised there was little or no impact on the evidence once the initial inspection had been completed. It was established other cities use the same process. 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Commissioner Weiland inquired why the City wanted to collect a franchise fee from the tow companies and not from the medical transport company doing Basic Life Support (BLS) transports to free up the paramedics for other emergencies. Mr. Bressner added the medical transport contract is through the County and it works on a cooperative basis with the communities. The possibilities for a revenue stream should also be investigated. Commissioner Weiland stressed monopolies for a few companies would be established and other companies would be forced out of business with a franchise fee. Ms. LaVerriere replied the number of vendors on the rotation list could be expanded or the number of franchises could be increased. The primary recommendation was providing direction for the City tow aspect. It was noted that in most cities the fleet tows are free within City limits. The expenses to the City currently were $40,000 to $50,000 for storage and fleet tows. Vice Mayor Rodriguez noted it was a lucrative business for the tow companies who would be willing to pay to get the business. Steven Weiser, Fleet Administrator, indicated, in his experience, fleet tows were free and would be a savings to the City of approximately $50,000 a per year. Mayor Taylor explained the idea of franchising was to cut the cost to the City and offset the expenses. The larger companies could offer a higher franchise fee reducing the number of vendors and generating more income for the franchised vendors. The local companies would be pushed out of business and could not survive payment of a franchise fee and reduction in income. Franchising would be good for the City, but bad for several of the individual vendors. Mayor Taylor suggested a compromise with a cap on the number of free smaller tows and any in excess of the cap, charge the 50% rate. Jason Blakely, owner of Blake's Towing and Transport, did not agree with the franchising fee and pointed out the highest bidder may not be the performing company. The tow companies within the City of Boynton Beach do have a performance record. He suggested reducing the vendor list and giving more tows to the remaining vendors that would offset the free tows of City vehicles. Stored vehicles were an issue because many times there was no insurance and the owner was deceased leaving no recourse for collection of the storage fees. Mr. Blakely did not favor the franchise fee, but did favor reducing the number of vendors on the rotation list. He stressed that the performance of the vendors should be considered and that the rate changed had not increased over the past three years. David Flooring, owner of Eastern Auto Body d/b/a Eastern Towing and Recovery, advised he did tow for several police agencies and none of it was done for free or had it been requested. Mr. Floering indicated he did do many minor auto repairs for free. He contended a tow yard could only hold a car for five days per State statute and then the Police Department had to take custody of the vehicle. Sgt. Anthony advised extensions on the five days could be done in writing for certain criteria. Mr. Floering felt indefinite storage by a tow company was problematic and would not favor the practice. He considered a franchise fee to be a pay to play fee and he would not do business with the City under those conditions. Eliminating towing companies on the rotation list would mean the loss of jobs. 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 David Katz, 67 Midwood Lane, stated he was not a paid lobbyist for the tow companies. He recalled, as a Commissioner, the creation of the rotation list process and the companies involved had been established businesses within the City. Mr. Katz felt the franchise fee concept would be philosophically horrendous. The idea of the 50% fee was so companies would not lose money on the tows. He urged the City to continue with the practice of the last six years and maintain six vendors on the rotation list. Mr. Blakely did not want to eliminate any companies, but allow the RFQ process to eliminate companies that did not meet the required standards. Commissioner Weiland had been advised all six companies were performing satisfactorily and up to expectations. Commissioner Ross felt the process was broken and should be reviewed if other municipalities in the area were receiving free tows. Ms. LaVerriere pointed out the County had an ordinance that capped the rate for towing within Palm Beach County plus mileage. New contracts could control the rates charged. Vice Mayor Rodriguez was opposed to the implementation of a franchise fee. The question was how to recoup the $40,000 expense and improve on the contract. Mayor Taylor suggested owning a storage area was probably inevitable, especially with the new police facility. Commissioner Weiland agreed storage was an issue that should be addressed. Mr. Bressner summarized that a majority of the Commission did not agree with the franchise fee implementation. Direction was needed on the extent of negotiation allowed to reduce costs for towing City vehicles. On the issue of storage, Chief Immler indicated storage longer than five days would be at the direction of a State attorney or court order by a Judge in an existing case. There are approximately 30 vehicles on hold. Commissioner Ross was in favor of the franchise fee and the guarantee of business for the vendor. She emphasized the current contract was funding the towing contractors while other essential funding was being eliminated. She urged the Commission and staff to reconsider. Mayor Taylor concluded the majority of the Commission favored continuing the current system and allowing staff to re-negotiate the new contracts for towing fees and storage. The creation of a storage facility should also be considered. (Commissioner Weiland excused himselffrom the meeting at 9:06 p.m.) B. Provide direction regarding future action plan for construction of a new Police Administration Building on City-owned property at the corner of Gateway Boulevard and High Ridge Road and the sale of bonds in the amount of $25M to fund this project. (This item was previously discussed.) C. Congress Avenue Community Park: 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 1. Reconfirmation and authorization to move forward with Phase I construction 2. Pre-qualification of construction bidders 3. Authorization to enter into agreement for FRDAP Grant Award (Proposed Resolution No. R08-094) Commissioner Ross again expressed her concern with the parks that would be negatively impacted by continuing with the Congress Avenue Community Park. Wally Majors, Director of Recreation and Parks, pointed out all the park improvements were discussed annually with the Commission during the capital improvement budget hearings. Mr. Bressner advised the decision was made when the capital improvement plan was approved and the Congress Avenue Community Park was given priority. The Nautica/Meadows Park was given funding. The Winchester Park and Optimist Park would not be funded until there were additional tax revenues or the park fees above $lM increased with new construction. Jody Rivers, Parks Superintendant, addressed the pre-qualification of construction bidders being short listed to seven contractors with specialized skills and qualifications. Mayor Taylor agreed with the process to get the best value rather than the lowest cost. Motion Vice Mayor Rodriguez moved to approve Item IX.C.2. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Taylor noted the FRDAP grant required a match of up to $135,611. Commissioner Ross confirmed that Phase 1 would have to be completed by April 30, 2011. Motion Commissioner Hay moved to approve Item IX.C.3. Commissioner Ross seconded the motion. The motion passed unanimously. x. FUTURE AGENDA ITEMS: A. September 2, 2008 - Regular City Commission meeting at 6:30 p.m. - Regular CRA meeting immediately thereafter (moved from 9/9/08) B. City Hall Chambers BBTV Upgrades CIP Project -September 2, 2008 C. Electronic Agenda Comparative Cost Analysis -September 2, 2008 D. September 9, 2008 -- City Commission Hearing/Adoption of Proposed FY 2008/2009 Budget (1st Hearing) at 7: 15 p.m. E. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 F. September 18, 2008 - City Commission Budget Public Hearing - Adoption of FY 2008/2009 Budget (2nd and Final hearing) at 6:30 p.m. G. American Assembly Implementation Recommendations - September 18, 2008 H. Review of NE 1th Avenue Canal - (Tabled on August 5, 2008 to September 18, 2008) 1. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 J. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 K. 2008 Recreation and Parks Strategic Plan Update - January, 2009 L. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-007 RE: Amending the City's Comprehensive Plan to Implement the 2008 Evaluation and Appraisal Report; providing for Amendment of the Future Land Use Element, Transportation Element, Utilities Element, Conservation Element, Recreation and Open Space Element, Housing Element, Coastal Management Element, and Intergovernmental Coordination Element of the Comprehensive Plan and providing for adoption of a Revised Future Land Use Map. Attorney Cherof read Proposed Ordinance No. 08-007 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-007. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 08-020 RE: Amending Land Development Regulations, Chapter 2 "Zoning", by creating a new Section B, entitled "Additional Uses and Regulations on Collector or Arterial Roads". Attorney Cherof read Proposed Ordinance No. 08-020 by title only on second reading. He also noted there had been amendments to the Proposed Ordinance. Mayor Taylor opened the issue for public hearing. Jason Mankoff, Weiner, Aaronson and Mankoff, requested the Ordinance include a provision for a bakery that would like to return to the City of Boynton Beach to have ten or less seats added to the retail use. The lack of a small seating area could lead to garbage and waste collecting outside the business. Mike Rumpf, Planning and Zoning Director, addressed the issue and noted staff had initially avoided any seating provisions associated with quick turnover type uses morphing into restaurants that would be difficult to oversee. The amendment would not jeopardize the intent of the Ordinance. Staff suggested a limit on the number of seats and an additional prohibition of drive-up, drive-thru provisions at such facilities. No one else coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ross moved to approve Proposed Ordinance No. 08-020 with the amendments and the additional language regarding seating twelve and the drive-thru prohibitions. Commissioner Hay seconded the motion. Mr. Rumpf dictated the additional language to be added to sections B.l and B.2. " . . .tables and chairs, omitting or not, provided to accommodate the onsite consumption of foods and beverages, shall be limited to a maximum of twelve seats including outdoor seating." ". . .prohibiting drive-thru, drive-up and drive-in facilities." 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Commissioners Ross and Hay agreed to the language suggested. Vote City Clerk Prainito called the roll. The vote was 4-0. 3. Proposed Ordinance No. 08-021 RE: Amending the Land Development Regulations, Chapter 2 "Zoning", Section 5 to delete reference to June 13, 1975. Attorney Cherof read Proposed Ordinance No. 08-021 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-021. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 4. Proposed Ordinance No. 08-023 RE: Amending the provisions of the City of Boynton Beach Code of Ordinances which prohibits the sale of alcoholic beverages on Sunday mornings. Attorney Cherof read Proposed Ordinance No. 08-023 by title only on second reading. Mayor Taylor opened the issue for public hearing. Herb Suss, 1711 Woodfern Drive, urged the Commission to not allow the change to the current regulations on the basis of any possible liability extending to the City. He also felt it would be a unique incentive for the baby boomers to come to Boynton Beach. No one else coming forward, Mayor Taylor closed the public hearing. Mayor Taylor contended rules could not be made to protect everyone from the one person who would abuse the regulation. He also noted the County restricted purchases from 2 a.m. to 7 a.m. rather than 8 a.m. Commissioner Ross agreed it should be consistent with the County. Commissioner Hay did not agree with changing the current regulations and would not support the Ordinance. Vice Mayor Rodriguez concurred with Commissioner Hay and noted the regulation had been in effect for many years without problem. He did not support either the Ordinance or the change to 7 a.m. 19 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Motion Mayor Taylor moved to table Item XII.B.4 until a full Commission was present Commissioner Ross seconded the motion. The motion failed 2-2. (Vice Mayor Rodriguez and Commissioner Hay dissenting) Motion Commissioner Ross moved to approve Proposed Ordinance No. 08-023. Mayor Taylor passed the gavel and seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-2; the motion failed. 5. Proposed Ordinance No. 08-024 RE: Amending Ordinance 08-003 to correct the omission of Lot 44 from the legal description, reconfirming inclusion in the Community Redevelopment Area of the property described as Gulfstream Gardens. Attorney Cherof read Proposed Ordinance No. 08-024 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-024. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 6. Proposed Ordinance No. 08-026 RE: Amending the Community Redevelopment Plan to clarify that enclaves and other properties annexed into the City that are within the previously designated boundaries of the CRA are part of the Community Redevelopment Area and therefore subject to jurisdiction of the Community Redevelopment Agency . Attorney Cherof requested the Proposed Ordinance be tabled. Motion Commissioner Hay moved to table Item XI1.B.6. Vice Mayor Rodriguez seconded the motion. 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 Vote City Clerk Prainito called the roll. The vote was 4-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-027 RE: Approving the abandonment of existing utility easements at Trinity Church International, 7255 South Military Trail, Lake Worth, FL. Attorney Cherof read Proposed Ordinance No. 08-027 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-027. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Proposed Resolution No. R08-095 easement from International Church Trust # 1 utilities and/or other appropriate purposes on, property . RE: Accepting an for water and sewer over and across said Motion Commissioner Ross moved to approve Proposed Resolution No. R08-09S. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Proposed Ordinance No. 08-028 RE: Amending the Land Development Regulations, Chapter 21, Zoning, Section S.B, Signs Allowed in Industrial Zoning Districts, to reduce the maximum height of freestanding signs from twenty (20) feet to ten (10) feet. Attorney Cherof read Proposed Ordinance No. 08-028 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-028. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 21 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:33 p,m. CITY OF BOYNTON BEACH ~~/ jffry Tay r, Mayor Jan t M. Prainito, CMC . Clerk ~~ Deputy City Clerk Jose Rodriguez, .~ ~ Ronald Weiland, Commissioner AJ~~/.JLJ Woodrow L. Hay, commissiO~ -~/~~~ /~~ " . Marlene Ross, Commissioner 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Oce. License Deputy City Clerk PROJECT NAME: Country Inns & Suites APPLICANT'S AGENT: Robert Currie - Currie Sowards Aguila Architects APPLICANT'S ADDRESS: 134 NE 1 sl Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2008 TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension for a 62 room hotel on a 0.91 acre parcel. LOCATION OF PROPERTY: 2201 S. Federal Highway 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 Applicg.nt ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby (,/"'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 08 - cS1,~ - 08 ;~ LJrl ft-Uf~, City Clerk S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\SPTE 08-006\DO.doc EXHIBIT "D" Conditions of Approval Project name: Country Inns & Suites File number: SPTE 08-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 Conditions of Approval 2 I DEP ARTMENTS INCLUDE I REJECT I I PLANNING AND ZONING I I Comments: 1. The site plan time extension is subject to the original conditions of approval. X 2. An updated traffic approval letter from Palm Beach County Traffic X Engineering will be required. 3. 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