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Minutes 01-20-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 'BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 20, 1998, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Kerry Willis, City Manager Jamie Titcomb, Vice Mayor Jim Cherof, City Attorney Matt Bradley, Commissioner Sue Kruse, City Clerk Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner I. OPENINGS: A. Call to Order — Mayor Jerry Taylor B. Invocation — Reverend Dave Edwards — First Baptist Church C. Pledge of Allegiance to the Flag led by Commissioner Matt Bradley Mayor Taylor called the meeting to order at 6:37 p.m. Reverend Edwards offered the invocation, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1, Additions, Deletions, Corrections Commissioner Jaskiewicz requested the addition of Item X.A, "Discussion on Possible Town Meeting ". City Manager Willis requested the addition of Item V -C.1, "Approval of the OEDP Development Regions Grant Program" and Item V -C.2, "Consider Reimbursement Program ". City Manager Willis requested the deletion of Item IV -C.1, "Proposed Resolution No. R98 -13 ". Commissioner Bradley requested the addition of Item X -B, "Early Retirement ", and Item X -C, "MPO Board ". Mayor Taylor requested the addition of Item X -D, "Markers for Veterans' Graves ". Vice Mayor Titcomb requested the addition of Item X -E, "Commission Sitting as CRA". 2. Adoption Commissioner Jaskiewicz moved to approve the agenda as amended. Vice Mayor Titcomb — seconded the motion that carried 5 -0. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 II. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Building Bd. of Adj. & Appeals Reg 3 yr term to 4 /00 -1 Mayor Taylor Code Enforcement Board Alt 1 yr term to 9/98 TABLED -2 I Titcomb Code Enforcement Board Alt 1 yr term to 9/98 TABLED -2 IV Tillman Community Relations Board Alt 1 yr term to 4/98 TABLED -2 Mayor Taylor Community Relations Board Alt 1 yr term to 4/98 TABLED -2 I Titcomb Community Relations Board Reg 3 yr term to 4/00 TABLED -2 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/99 -1 IV Tillman Community Relations Board Reg 3 yr term to 4/98 -1 III Jaskiewicz Library Board Alt 1 yr term to 4/98 TABLED -2 II Bradley Library Board Alt 1 yr term to 4/98 TABLED -2 III Jaskiewicz Recreation & Parks Board Alt 1 yr term to 4/98 TABLED -2 I Titcomb S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 TABLED -2 II Bradley S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 -1 I Titcomb Adv. Bd. Children & Youth Alt 1 yr term to 4/98 -1 IV Tillman* Adv. Bd. Children & Youth Alt 1 yr term to 4/98 TABLED -3 Mayor Taylor Adv. Bd. Children & Youth Stu /Reg 1 yr term to 4/98 TABLED -2 F , IV Tillman Planning & Development Bd. Alt 1 yr term to 4/98 TABLED -2 Mayor Taylor moved Michael BesseII from his alternate position on the Building Board of Adjustment & Appeals to a regular position on that board. Motion Commissioner Bradley moved to remove the tabled appointments from the table. Vice Mayor Titcomb seconded the motion that carried unanimously. Commissioner Jaskiewicz appointed Kathryn Palladino as an alternate member of the Library Board. With Vice Mayor Titcomb's approval, Commissioner Jaskiewicz appointed ita Murray as an alternate member of the Advisory Board on Children & Youth. Commissioner Bradley appointed Alice Warren as an alternate member of the Library Board. Motion Vice Mayor Titcomb moved to table the remaining appointments and approve the appointments that were made. Commissioner Jaskiewicz seconded the motion that carried 5 -0. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 1. Joint City Commission /Planning & Development Board /Chamber of Commerce Workshop Meeting regarding community appearance — Monday, January 26, 1998 at 6:30 p.m. — West Wing Conference Room Mayor Taylor made this announcement. 2. Palm Beach County Property Appraiser's Office will provide Homestead Applications from 9:00 a.m. until 4:00 p.m. in Commission Chambers on January 27, 1998 Mayor Taylor made this announcement. 3. Advisory Board Forum — Saturday, January 31, 1998 — 12:00 Noon to 2:00 p.m. — City Hall in the Mall Mayor Taylor made this announcement. 4. Joint City Commission /Chamber of Commerce Quarterly Workshop Meeting — Monday, February 2, 1998 — 7:00 p.m. — Library Program Room Mayor Taylor made this announcement. 5. A.A.R.P. Tax Assistance - Monday through Friday from February 2nd through April 15 from 9:00 a.m. until 12:00 Noon - Commission Chambers Mayor Taylor made this announcement. 6. City Commission Workshop Meetings with James Duncan & Associates, Visions 20/20 Consultants to be held in the West Wing Conference Room at 6:30 p.m. on: Thursday, February 12, 1998 Thursday, March 12, 1998 Thursday, April 9, 1998 Thursday, May 14, 1998 Mayor Taylor made this announcement. B. Presentations: 1. Proclamations: a. "Burn Awareness Week" — February 8 -14, 1998 Mayor Taylor read a Proclamation declaring the week of February 8 through February 14 as, "Burn Awareness Week ". 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 2. Presentation of final grant payment ($19,500) from the Florida Inland Navigation District ( F.I.N.D.) for Mangrove Nature Park — Presentation to be made by Lennart E. Lindahl, F.I.N.D. Commissioner - (POSTPONED FROM 1/6/98 CITY COMMISSION MEETING) Lennart Lindahl, F.I.N.D. Commissioner, reported that one of F.I.N.D.'s activities involves waterway assistance programs that provide grants to local govemments to make improvements toward enjoyment of the waterways in Florida. Under this program, F.I.N.D. became a partner with the City of Boynton Beach under the Mangrove Nature Park project. That project is now complete and it has met everyone's expectations. Mr. Lindahl presented Mayor Taylor with the final grant payment in the amount of $19,500. Mayor Taylor asked Mr. Lindahl to express the City's appreciation to F.I.N.D. for their cooperation on this project. Commissioner Bradley also thanked F.I.N.D. for their help on Mangrove Park and their help on the new bridge over the Intracoastal Waterway. IV. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting — December 30, 1997 2. City Commission Workshop Meeting of December 30, 1997 3. Regular City Commission Meeting — January 6, 1998 Motion Vice Mayor Titcomb moved to approve the minutes as presented. Commissioner Tillman seconded the motion that carried unanimously. Vice Mayor Titcomb requested that Item IV -B.7 be removed from the Consent Agenda for discussion. Commissioner Bradley stated that although the City Manager deleted Item IV -C.1 from the agenda this evening, if it is brought back at a future meeting, he does not want it on the Consent Agenda because of it's importance. Commissioner Jaskiewicz requested that Items IV -B.4, IV -B.8 and IV -D.1 be removed from the Consent Agenda for discussion. B. Bids — Recommend Approval — All expenditures are approved in the 1997 -98 Adopted Budget 1. Award "North Federal Highway West Right - of - Way Landscape 1997" — Bid #015 - 722 -98 /SP to Mac Lean Landscaping of Lake Worth, Florida, in the amount of $36,581.60 (Proposed Resolution No. R98 -08) 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 2. Award "Co -Op Bid For Chemicals and Fertilizer" — BID #034 - 134 -98 /CJD to various vendors in the total budgeted amount of $118,178 for the Warehouse, Golf Course, and Parks Division — Contract Period is November 4, 1997 to November 3, 1998 3. Award "Annual Contract for PVC Schedule 40 and 80 Irrigation Supplies" BID #014 - 502 -98 /SP to various vendors on a lot -by -lot basis. The total budgeted amount is $30,000 and the contract period is January 21, 1998 through January 20, 1999 4. Award "Lead Abatement, Indoor Pistol Range — 3501 North Congress Avenue, Boynton Beach, Florida" — BID #033 - 211 -98SP to D & J Industries, Inc., of Big Pine Key, Florida, in the amount of $196,772.44 (Proposed Resolution No. R98 -09) Item IV.B.4 was removed from the Consent Agenda for discussion. 5. Award "Collection and Reporting of City of Boynton Beach Delinquent Accounts" RFP #008 - 131 -98 /SP to CREDITECH at a rate of 20% of collections. The fee is associated to actual collections and there are no placement fees. (Proposed Resolution No. R98 -10) 6. Award "Two Year Contract for Vending Machines" — BID #016 -134- 98 /CJD to DiLoreto & Sons of Pompano Beach, Florida — Contract Period: January 20, 1998 to January 19, 2000 — Vendor agrees to pay the City 15% of gross receipts 7. Award "Historical Mangrove Elementary School Remodeling" (Museum and Cultural Center) at 141 East Ocean Avenue, Boynton Beach, Florida — BID #27/711 -98 /CJD (Proposed Resolution No. R98 -11) Item IV.B.7 was removed from the Consent Agenda for discussion. 8. Award "Dumpster Repair for a Period of One (1) Year" — BID #018-394 - 98/SP to Cole Industrial Services, Inc., of Pompano Beach, Florida, for a total anticipated annual expenditure of $23,000. Item IV.B.8 was removed from the Consent Agenda for discussion. 9. Award North Congress Avenue Medians Landscape & Irrigation Contractor Bid to EWH, Inc. dba Sunnyland Irrigation of West Palm Beach, Florida in the total amount of $100,692 (Proposed Resolution No. R98 -12) C. Resolutions: k' 1. Proposed Resolution No. R98 -13 Re: Confirming the appointment of Dale S. Sugerman as Assistant City Manager of the City of Boynton 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Beach, and authorizing the City Manager to execute an appointment contract with him on behalf of the City Item IV -C.1 was deleted from the agenda at the request of City Manager Willis. 2. Proposed Resolution No. R98 -14 Re: Authorizing and directing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the Center for Family Services of Palm Beach County, Inc., providing services for the Employee Assistance Program and Drug -free Workplace Services 3. Proposed Resolution No. R98 -15 Re: Authorizing and directing the Mayor and City Clerk to execute an addendum to the agreement for architectural and engineering services between the City of Boynton Beach and Robert G. Currie & Associates, Inc. providing for amendment to the June 27, 1995 agreement between the parties in connection with the Historic Boynton Beach 1913 Elementary School Project 4. Proposed Resolution No. R98 -16 Re: Authorizing the Mayor and City Clerk to execute a Memorandum of Understanding/Working Agreement between the City of Boynton Beach and the Department of Children and Families to provide for cooperation between agencies for the joint investigations of child abuse reports involving criminal allegations D. Ratification of Planning & Development Board Action: 1. Project Name: Four Steel Communication Tower Item #1: Zoning Code Variance — Request for a variance from the Land Development Regulations, Chapter 10, Section 3(c).2, to allow reduction of setbacks as follows: rear yard setback from the required 10' to six inches, and side yard from the required 15' to six inches Item #2: Zoning Code Variance — Request for variance _ from the Land Development Regulations, Chapter 10, Section 3.3(g) to allow elimination of the required 2 1 /2 feet wide landscape buffer with hedge row along the southern and eastern property lines Item D.1 was removed from the Consent Agenda at the request of Commissioner Jaskiewicz. E. Approval of Bills , F. Approve Change Order #1 for the West Water Treatment Plant Phase II Expansion in the amount of $98,565.41 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 G. Approve special event request from Pete Rose's Ballpark Cafe to host "The Ultimate Car and Truck Show" on Sunday, February 8, 1998 H. Award funds for City facade matching grant program I. Authorization to reject all bids received for banking services extending the current banking service contract with Barnett Bank through the end of the fiscal year J. Approve Change Order #1 for Master Lift Station Rehabilitation 309, 356, Bid #055- 401 -97 /SP in the amount of $5,045.43 K. Approve write -off of delinquent A.L.S. bills Motion Commissioner Tillman moved to approve the Consent Agenda with the exceptions of Items B.4, B.7, B.8, and D.1. Vice Mayor Titcomb seconded the motion that carried unanimously. Discussion Items: B.4. Award "Lead Abatement, Indoor Pistol Range — 3501 North Congress Avenue, Boynton Beach, Florida" — BID #033 - 211 -98SP to D & J Industries, Inc., of Big Pine Key, Florida, in the amount of $196,772.44 (Proposed Resolution No. R98 -09) Commissioner Jaskiewicz has no objection to this project, but questioned whether any of the other agencies that have used this facility will be contributing to the cost of the remediation. City Manager Willis said we have identified some grant funds that will assist us in funding this remediation. Police Chief Gage reported that once we know the ultimate cost of this remediation, we will factor out a reasonable fee for future use. Motion Commissioner Jaskiewicz moved to approve. Commissioner Bradley seconded the motion that carried unanimously. B.7. Award "Historical Mangrove Elementary School Remodeling" (Museum and Cultural Center) at 141 East Ocean Avenue, Boynton Beach, Florida — BID #27/711- 98 /CJD (Proposed Resolution No. R98 -11) Vice Mayor Titcomb reported that he received a telephone call from one of the bidding companies. A question was raised because the company had provided the City with the overall low bid on this project. However, certain elements of the project were removed from the scope of work which then no longer allowed them to be the low bidder. Vice Mayor Titcomb questioned whether the companies would have an opportunity to rebid the project or the extra 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 add -ons. He is concerned that they will become change orders and that will actually increase the bid. Bob Currie, architect for the project, advised that the bidding was set up to provide a figure for the entire project with all elements defined. There were various alternate bids for deductions (certain portions were removed). All of the bidders were aware of the procedure, and everyone played by the same rules. In response to Mayor Taylor, Mr. Currie advised that the outdoor restrooms, the amphitheater, and the Palm court were removed from this phase. He confirmed that when these items are returned to the project, they can be rebid, or the present contractor can be awarded the additional projects. Motion Commissioner Jaskiewicz moved to approve. Commissioner Tillman seconded the motion that carried unanimously. B.8. Award "Dumpster Repair for a Period of One (1) Year' — BID #018-394 - 98/SP to Cole Industrial Services, Inc., of Pompano Beach, Florida, for a total anticipated annual expenditure of $23,000 Commissioner Jaskiewicz questioned whether there is a rental fee for these dumpsters. City Manager Willis advised that there is a rental fee to the dumpster customers, and this fee will cover the cost of repair. Motion Commissioner Jaskiewicz moved to approve. Vice Mayor Titcomb seconded the motion that carned unanimously. D.1. Project Name: Four Steel Communication Tower Item #1: Zoning Code Variance — Request for a variance from the Land Development Regulations, Chapter 10, Section 3(c).2, to allow reduction of setbacks as follows: rear yard setback from the required 10' to six inches, and side yard from the required 15' to six inches Item #2: Zoning Code Variance — Request for variance from the Land Development Regulations, Chapter 10, Section 3.3(g) to allow elimination of the required 2 1/2 feet wide landscape buffer with hedge — row along the southern and eastern property lines 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Commissioner Jaskiewicz is concerned about this application because there is a tremendous deviation from the Land Development Regulations. She questioned whether approval of this project would be setting a precedent. Attorney Cherof advised that because of the nature of a variance, precedent is not usually an issue since each application is viewed separately and on its own merit. Commissioner Jaskiewicz questioned whether the applicant considered using any of the existing towers or one located on City -owned property. Vice Mayor Titcomb said there was a potential staff recommendation to add decorations in the form of Palm leaves to this antenna. He does not want to assume the liability. Marta Zimmer, representing Omnipoint Communications, said there were no other towers in the immediate area that would serve the network they were trying to fill. The applicant looked at every tower in the area, and there was nothing available that met their requirements. This tower will be adjacent to 1 -95 and just west of the industrial area. DOT owns the property to the east and they have no objection to the encroachment on the side area setback. They will be allowing towers in their rights -of way in the very near future. The applicant tried to place this tower as far away from the residences as possible while still remaining in compliance with the 250' separation requirement. Motion Commissioner Bradley moved approval. Vice Mayor Titcomb seconded the motion that carried 4 -1. (Commissioner Jaskiewicz dissented.) V. CITY MANAGER'S REPORT: A. Update on 1913 Schoolhouse Project Virginia Farace, Library Director, advised that when the community decided a children's history museum was needed in the City, several key ingredients were deemed necessary. They are: 1. The facility — the 1913 Schoolhouse is listed on the National Register of Historic Places. 2. Organizational Structure — a 501(c)3 was incorporated in the name of the Boynton Cultural Centre, Inc. for tax purposes to build a donor base. A Board of Directors was formed. 3. Image and Program — Awareness Parties were held at local restaurants, private homes, and hospitals to cultivate interest. Professional museum designers met with more than 60 local community people to define the content of the exhibits. Major themes such as agriculture, health and medicine, communications and . - technology were identified. The first round of conceptual drawings are available which will cost in the area of $900,000 to $2 million depending on how high tech we decide to become. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 We will soon begin work with local school teachers who will be the major users for field trips. The teachers will assist in formulating the educational content of the exhibits and programs. A Historic Archive Room has been opened at the City Library. 4. The last key ingredient is funding and our financial ability to carry out this mission. The Commission has provided the backing for this renovation and the staff to assist with the project. In addition, a professional fundraiser has volunteered to guide us through the crucial steps needed to embark upon a capital campaign. A Woman's League for the 1913 Schoolhouse Museum has been established to raise friends and funds. They are planning a Timeless Treasures event to be held in May. This will be a sit - down style luncheon/workshop for 100 people at the home of a prominent Boca physician with antique jewelry and fashion clothing. A modest endowment fund has begun from memorial donations. Grant applications have resulted in a State award for archive development. Six additional proposals are awaiting approval or are in the submittal process. The 1913 Schoolhouse Museum will be an important cultural center offering today's citizens and future generations a strong sense of community. Mayor Taylor expressed excitement about this project. He urged everyone to learn about what is planned. B. Status of S.M.A.R.T. Legislation and Boynton Beach High School — Virginia Farace Virginia Farace, Library Director, reported that based on information she received today, the best estimate for groundbreaking on the Boynton Beach High School will be March, 1999. Ms. Farace explained the following: ♦ SMART Schools is the acronym for "Soundly Made, Accountable, Reasonable & Thrifty" Schools. This is a state - mandated process that is being developed based on recent legislation passed by the Florida Legislature. ♦ The exact procedures and restrictions to follow have not yet been determined. SMART Schools definitions of "frugal" and interpretations of "class size" are not clear. ♦ Design of the high school may need to begin again because of SMART Schools legislation. ♦ Design money is secure in this year's School District Budget. ♦ State guidelines may be available by March 1998. No timeline has been set for funding distribution. Palm Beach County is slated to receive $137 million. ♦ The District will have to revise its Five -year Needs Study based on the new guidelines. State approval is required before receipt of any money. Our City is hosting a community forum for the Boynton Beach High School on Friday, January 30 in the Library Program Room. Selected business and community representatives have been invited to meet with School District officials to discuss the high school from the perspective 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 of business and community requirements and resources so that the school can be designed to meet our students' needs. This will be an opportunity for Boynton Beach to have input into the design and curriculum of its high school. Following is a timetable of the preconstruction schedule for the high school based on the most - recent information available: ✓ Building Program developed incorporating the curriculum, the educational specifications, and the input from the Community Forum — Approximately three (3) months — May, 1998 ✓ Concurrently, process ongoing with architect negotiations ✓ Concurrently, State approval of District's total plan ✓ Design process, including necessary State approvals — Approximately seven (7) months — December, 1998 ✓ Bid award process — Approximately three (3) months — March, 1999 ✓ Groundbreaking — March, 1999 ✓ Construction — approximately 24 months ✓ Completion — April, 2001 Mayor Taylor was hopeful the groundbreaking would take place this year. He has received information that the elementary school in West Boynton will have a groundbreaking this year. He questioned how this is possible if the elementary school must follow the SMART Schools legislation. Ms. Farace explained that we are among the top items to be implemented. The items will go to groundbreaking as soon as they become implemented. Everything will depend on getting approvals from the State and having the design we want in place. Some of the schools in design have already been approved. Depending on where the school is in the process determines whether or not it can go forward or have to back up. Mayor Taylor thanked Ms. Farace for overseeing this project. He reminded her that if there are any delays in getting approvals, we have the ability to fast -track approvals from the State. Mayor Taylor asked Ms. Farace to keep the City Manager and Commission updated. Commissioner Jaskiewicz is disappointed that groundbreaking will not take place by December, 1998. However, she is thrilled that a schedule for construction of this school exists. Ms. Farace advised that the steering committee is composed of City representatives, Chamber representatives, and School District representatives. Three groups will attend the Forum consisting of City, community and business. She invited the Mayor or his designee to participate in the Forum, and the remaining Commissioners to be observers. C.1 OEDP Development Regions Grant Program Funding Wilfred Hawkins, Assistant to the City Manager, advised that prior to the end of last year, the City approved submitting this grant application to the County to assist local business with revitalizing their businesses and hiring additional employees. Three businesses will be receiving $25,000 each from the Core Grant and a fourth business will receive $83,000 from the Competitive Grant process. On December 16 the County Commission approved the award of 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 these grants to the local jurisdictions. The Resolution is presented to formalize this process with the execution of a contract between the City and County in order to receive the dollars. Motion Commissioner Bradley moved to approve Proposed Resolution No. R98 -19. Commissioner Tillman seconded the motion that carried 5 -0. C.2. Consider Reimbursement Program Wilfred Hawkins, Assistant to the City Manager, advised that the City has been approached by the three business people who are receiving the CORE Grants for consideration on reimbursement of the money they have spent. These projects have begun and some are 95% complete. They have expended dollars on significant renovation projects and have been waiting since before December for the grant funding. They now need some funding in order to complete their projects. The business people have submitted receipts to the City that have been reviewed. The City has verified that the work was done. Since the contract with the County has now been approved, we will submit the receipts to them for review. In the meantime, the City will cut a check this week for the amounts recommended. The County will reimburse the City. r "' Motion Commissioner Jaskiewicz moved to implement the process of repayment to the vendors. Vice Mayor Titcomb seconded the motion. Mr. Hawkins confirmed for Mayor Taylor that these businesses are the ones that were approved for $25,000 each. The receipts would be submitted to the County this week and we should receive reimbursement from them within approximately 10 days. There is no reason the County would not honor these reimbursements. The motion carried unanimously. VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3- MINUTE PRESENTATIONS Dee Zibelli, 440 Ocean Parkway, read a letter addressed to City Manager Kerry Willis complimenting Utilities Department employees for being prompt, polite and efficient when responding to her call regarding sewerage problems in her home. (A copy of the letter is attached to the original set of minutes on file in the City Clerk's Office.) Bill Schmalz, 1727 SW 11i Street, read a police report of December 20 when he was hit by a speeder in his neighborhood. He asked for a status report on the speed hump pilot program in Chapel Hill. Mayor Taylor advised that this program is being investigated and we have until May to report on this item. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mike Friedland, 330 SE 3"' Avenue, expressed delight about the schedule for the high school and the children's museum. He explained that the people of VRG and the surrounding community are interested in what happens in their area. As president of the VRG Owners' League, he thanked Larry Roberts for sharing the plans and knowledge of the Gateway Boulevard Extension and crossing from Seacrest Boulevard to the Intracoastal Waterway. He feels the City is becoming user - friendly. Julio Rodriguez, 3855 South Lake Drive, approached the podium to speak about a proposed Palm Beach County zoning change in an area at the end of Diane Drive. However, Mayor Taylor advised that this item appears on the agenda later in the evening. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Item #1: First Baptist Church of Boynton Beach (LUAE 97- 002) Item #2: Woolbright Place PUD Master Plan Modification (MPMD 97 -006) Item #3: Woolbright Place PUD Land Use Amendment (LUAE 97 -004) Agent: Unruh -Smith & Associates Owner: First Baptist Church of Boynton Beach, Boynton Beach 1 Ltd. Partnership, and Boynton Beach II Ltd. Partnership Location: Woolbright Place PUD (east and west sides of SW 8 Street, one - quarter mile north of the intersection of SW 8 Street and Woolbright Road) Description: Request to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus (TABLED FROM CITY COMMISSION MEETING OF 116198) Motion Commissioner Tillman moved to remove this item from the table. Commissioner Jaskiewicz seconded the motion that carried 5 -0. Mayor Taylor reminded everyone that a great deal of input was received on this item at the last meeting, and there has been some movement since that meeting. Tonight's focus should be on that new information. He urged everyone present not to rehash old information, and suggested that the supporters and opposers select a spokesperson. Attorney Cherof administered the oath to all who would testify during these proceedings. All Commissioners divulged that representatives of both sides of this issue contacted them. Ellen Smith. of Unruh. Smith & Associates, represented First Baptist Church. She advised that a great deal of thought was given to the comments made at the last meeting. She distributed copies of a letter to City Manager Willis dated January 20, 1998 listing compromises on behalf of the applicant. Those compromises include: 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 1. The proposed 67,500 medical office building will be reduced to 39,700 square feet. This reduction is not required by the traffic circulation element of the City Comprehensive Plan to maintain level of service "C" on SW 8th Street. Rather, it is proposed to reduce total project traffic. 2. If requested by the City, a deed restriction will be recorded in the official land records limiting the intensity of development on site to: a. 34,300 square foot, 120 -bed nursing home; b. a 67,500 square foot, 60 -bed CLF; c. a 39,700 square foot medical office building; and d. associated infrastructure and retention. 3. Prior to the occupancy of any building on -site, the owner of the property will install traffic calming devices along the two -lane portion of SW 8th Street, if requested, as approved by the City Engineer. 4. The entrance to the medical office building shall be redesigned to only permit egress to the right (toward Woolbright Road). 5. The City shall permit no other uses of the property other than those described in Item 2 above without City Commission approval. Ms. Smith urged the Commissioners to approve this project that will make good use of these 14 acres. Jose Aguila. 800 SW 1st Court, urged the Commissioners not to make a bad situation worse by approving this project. It is his opinion that this request is based on financial gain. A multi- family residential development is possible for this site, and would be profitable for the Church. He also feels that if the City allows this development to exceed traffic counts, another developer will demand more for his unbuilt tracts. Mr. Aguila does not believe any traffic calming alternatives are feasible because speed humps will divert the problem to SW 7 Street or Leisureville Boulevard. The residents are concerned with traffic volume. Bud Meadows, 200 SW 12 Avenue, said the proposal brought forth this evening is not based on the church developing the parcel. He requested that the Commission approve this application since the Church wants to remain in the downtown. The Church needs to separate from the PUD. The Church will be part of the drainage and infrastructure, but they do not want to build a worship center on that site, nor do they want to build a multi - family development. They have an offer to do something else and they want to move forward. The Church does not want to hurt the neighbors, and for that reason, they have made concessions recommended by staff. He urged the Commissioners to approve the changes. Gary Brennan. attorney with Carlton - Fields, represented the Church. He has practiced land use and zoning in Palm Beach County for 20 years. He has reviewed all of the agreements and feels the Commission is well within its legal requirements to approve the request of the applicant. Commissioner Jaskiewicz thanked the applicants for the consideration given to her remarks at the last meeting. She pointed out that whatever the Church does in the downtown is irrelevant 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 to this discussion. In addition, the reference made by Mr. Aguila to Mr. Morton is also irrelevant since he has made many alterations to his agreement. Commissioner Jaskiewicz said this development will affect her personally since she is a resident of Leisureville. It is her opinion that this development will present the least impact. Parts of this development are almost a passive use. She cannot imagine residential of any quality being developed across from The Home Depot, Auto Discount Store or RaceTrac. She does not feel the residents would benefit by a residential development in this area. She is sympathetic with the traffic problem that needs a solution. However, she feels this use is the least objectionable of all of the uses in this area. She appreciated the applicant's effort to reduce the size of the project, and she believes it will be an asset. Mayor Taylor reminded everyone that the neighborhood to the north existed when the road was closed. There was no traffic with the exception of local traffic. However, once the road was opened, even without development, there would have been traffic generated by people traveling from south to north. As commercial was added, traffic increased, and will continue to increase as more development is added. Mayor Taylor said he visited the site to see what could be done to solve the problem. Speed humps will slow the traffic in the area. In addition, he walked behind The Home Depot and drove through the Vinings, and believes there is room in the back for a road where truck traffic could be diverted. He recommended that staff investigate this possibility. If this road could be built, truck traffic on SW 8 Street could be restricted. Mayor Taylor does not have a problem with this use and believes there will be no traffic generation from this use in the evening. While he understands the concerns of the residents to the north, we will look at ways to make this use as safe as possible and try to find options to reduce the traffic. Commissioner Tillman feels a perimeter road might be one way to solve the traffic problem in this area. His major concern with this project is that it came in as a shell. No construction plan or construction timetable was included. He would not want to see another project get to this point unless it includes dates and timetables. Commissioner Tillman has no problem with this project and recommends that the City look at the possibility of constructing a perimeter road. Commissioner Bradley feels the improvements plan for the existing Church sound great because it is a terrific use of the investment gains out of the property. However, he explained that the Church paid approximately $180,000 for the land 10 years ago. It is estimated that if a residential project was built, the profit would be approximately $1 million. If a commercial project is built, the profit would double to $2 million or more. More is better because you can build more. It is the Church's right to do that unless it negatively impacts other people. That is the problem with this development. There is too much traffic on SW 8"' Street today. There are still 150,000 square feet remaining to be developed after this 14 -acre parcel. The recommendation for Moderate Density Residential that would have 105 or 110 units would not exceed the 750 trips vested for that property. Commissioner Bradley will not support this request. Vice Mayor Titcomb requested that the applicant explain the percentage of the increase of trips that are generated with the reduction in usage of space of the 750 vested trips. Attorney Cherof explained that the 750 was broken down. The Church school for 500 pupils was 510 trips and the 1,200 seat Church was 240 trips. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mr. Aguila said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned who would pay for the roadway if it could be built. In addition, speed humps will not work because people will drive around them and leave tire tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8 Street in order to make this a collector road. Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and Mr. Aguila is only offering reasons why nothing will work. Ms. Smith said the trips for the revised proposal equal 1,798. That is a 58% increase over what is currently proposed on the property. The building envelope of the existing 750 trips is inadequate for reasonable use of the land. Vice Mayor Titcomb questioned where these trips would come from since they are an increase over the vested number of trips on this project. In addition, he questioned whether this would open the City to litigation or challenge for the other adjacent properties. Attorney Cherof does not believe approval of this project will open the City to any litigation or challenge. The trips can come from the total number that was vested for the site, or from a recalculated figure to indicate a higher number of trips available. Today's testimony may support a higher number. Vice Mayor Titcomb inquired if this would open the door for other properties to petition the Commission for additional trips. Attorney Cherof responded affirmatively. Ms. Smith said that door is already open and any applicant can petition this Commission to add trips to SW 8 Street. Commissioner Bradley asked for a legal opinion based on the fact that staff recommended denial of this application because of inconsistency with the Comprehensive Plan. Attorney Cherof advised that the determination of consistency with the Comp Plan is a factual determination made by the Commission based upon the testimony heard from the applicant and staff. That testimony must be reevaluated independent of the Planning & Development Board's opinions to determine whether or not the Commission feels it is consistent. Carole Fretwell, 713 SW 3` Avenue, said the trips increased from 750 to 1,798. This is not an increase of 58 %. It is more than a 100% increase. Jeff Smith, of Simmons -White Engineers, explained that there are 1,798 trips of the site. Seven hundred fifty trips are vested. Therefore, the new net trips to be addressed equal 1,048. The new trips (1,048) over the total trips equal 1,798. The difference is 750 trips. When that figure (750) is divided by the 1,798, the answer is a 58% increase. Ms. Smith explained that the applicant has a project that meets the requirements of the - Comprehensive Plan with regard to the level of service `C ". The City does not have a traffic engineer to accept the methodology used by the applicant. The applicant is using the methodology from City staff and standard methodology from Palm Beach County. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Vice Mayor Titcomb expressed concern about this project because it is a good project that is pitting good people against good people. He feels this project is appropriate for this site. He explained that if it is approved, he would like the City to designate SW 8 Street as a "No Thru Truck" street as a way to decrease the traffic impact. He pointed out that the City could not compel homeowners to sell their homes on SW 8 Street. While he is still not totally comfortable with this project, he is impressed with the efforts made by the church and their agents to listen to the conditions of the approval that might be considered. Speed humps and closing the road to trucks and diverting traffic to the south will have an impact on lessening the traffic to the north. Although the traffic on this road is bad now, it will get much worse based on what is vested in this area. Vice Mayor Titcomb explained that in order for him to support this application, the applicant would have to adhere to all conditions listed. This would include that the City or applicant investigate the closure of the through - street to trucks entering the commercial projects from Boynton Beach Boulevard, and that any other calming and traffic devices deemed by the City and indicated will be implemented prior to anything going forward. This would also include the conditions that include deed restrictions. Tambri Heyden, Planning & Zoning Director, advised that staff does not recommend that the project entrance be limited to right -tum only. Staff investigated the closing of SW 8 Street just north of Crystal Key. Staff learned that this would have a negative effect on the level of service of the intersection of Woolbright Road and SW 8 Street that would put it under the adopted level of service. Staff observed that the median opening across from The Home Depot and Cracker Barrel is being used for "U" turns. If the egress of the driveway is restricted to right -turn only, people will turn right and make a "U" turn further south. Motion Commissioner Jaskiewicz moved to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus as per all staff comments and the additional Commission comments that were agreed to in Items 1, 2, 3, and 5 submitted by Ms. Smith. In addition, Commissioner Jaskiewicz stated that if the building permit or land development permit is not obtained within an 18 -month period, the zoning would revert back. Commissioner Tillman seconded the motion. In response to Mayor Taylor, Commissioner Jaskiewicz agreed that her motion includes having staff look into limiting truck traffic on SW 8 Street. The motion carried 4 -1. (Commissioner Bradley dissented.) MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:52 P.M. Mayor Taylor pointed out that the last item was a three -part item. Therefore, two additional motions are required. Motion Commissioner Jaskiewicz moved to request to remove Tract F, the Church parcel, from the master plan in connection with the request to reclassify and rezone Tract "F" to replace the planned church with a health care campus as per conditions in staff comments, additional 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carried 4 -1. (Commissioner Bradley dissented.) Motion Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place PUD as per staff comments and all those included at this Commission meeting this evening. Commissioner Tillman seconded the motion that carried 4 -1. (Commissioner Bradley dissented.) B. Project: Woolbright Twin Medical Plaza (f.k.a. Woolbright Medical Office) Agent: David Remland Owner: Fredric Newman Location: Southwest corner of Woolbright Road and the E-4 Canal Description: Request for a 12' wide utility easement abandonment in connection with development of the parcel as the Woolbright Twin Medical Plaza, formerly referred to as Woolbright Medical Offices (Proposed Resolution No. R98 -17) The applicant was not present, and staff had no additional comments to offer. Motion Vice Mayor Titcomb moved to approve Agenda Item VII -B for the abandonment of a 12 -foot wide utility easement for Woolbright Twin Medical Plaza. Commissioner Bradley seconded the motion that carried 5 -0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion of Possible Town Meeting Commissioner Jaskiewicz questioned whether any future town meetings are contemplated. Mayor Taylor is in favor of such meetings but suggested delaying them until after the election on March lo . B. Early Retirement Commissioner Bradley requested that the Finance Director prepare a report spelling out the cost analysis of early retirement in each department. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Diane Reese, Finance Director, advised that she is working on these figures and should have a report available by the end of this week. City Manager Willis said that information will be included in the reorganization report on the next agenda. C. MPO Report Commissioner Bradley advised that after an MPO meeting, at a luncheon meeting for the Governor, the chairman of the MPO asked him why he had not brought up a topic the Mayor and City Manager had discussed with him a few days earlier. While Commissioner Bradley understands the importance of the Sunshine Laws, he felt the fact that a four -year MPO member had not been brought up to date about plans and discussions members of this City were having reflected badly on the City. He was embarrassed personally and it reflected back to a time when a select few in power were making decisions. Commissioner Bradley requested an explanation as to why he was not informed about the discussions. Mayor Taylor explained that at a meeting with Mr. Coons to open dialogue on opportunities for funding, the idea of bicycle lanes that might tie all City development together came up. This was an exploratory meeting over lunch. Mr. Coons made some suggestions that the City might try to put together some plans and propose them to the MPO. That luncheon meeting was held on Tuesday, and the MPO meeting was held on Thursday. Mayor Taylor was of the opinion that the City Manager would ask staff to put together a proposal to be presented by Commissioner Bradley as the City's MPO representative. In Mayor Taylor's opinion, Mr. Coons jumped the gun. Mayor Taylor offered an apology. Commissioner Bradley advised that Mr. Coons told him he asked Mayor Taylor and City Manager Willis to mention the discussion so that he could bring it up at the MPO Meeting. Commissioner Bradley believes the Mayor and City Manager had the City's best interests in mind, but felt there was a lack of respect and protocol. D. Veterans' Grave Markers Mayor Taylor reported that the Veterans Council asked the City to work with them to place markers on approximately 50 unmarked graves. They have worked with the Cemetery Board. In reading the Cemetery Board minutes, the Veterans Council is planning to come back to the Commission to ask for permission to move forward in order to complete this project before Memorial Day. City Clerk Sue Kruse advised that a monument company would sell the markers at a very low discounted price. The Veterans Council will pay the cost of the markers and a local funeral home will pay for the concrete. The Cemetery Board has reached a consensus and is in agreement with having this done. An attempt will be made to contact the next of kin. John Wildner, Acting Director of Recreation & Park Department, said the Council's issue of concern is their plan to write a letter to the next of kin to seek permission to place the markers at the Council's expense. The Council wants Commission approval of their plan since the property belongs to the interred. In their letter, the Council will provide a date by which a response is required. If no objection is voiced, the markers will be placed on the graves. There is a concern 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 r that some of the people may not be able to be reached in a timely fashion. The letter will also indicate that if anyone ever comes forward and voices an objection, the marker will be removed. At the City Attorney's suggestion, the Council plans to bring this issue to the Commission for input. Mr. Levine indicated this morning that he plans to move forward with a letter to the City requesting action by the Commission at the next City Commission meeting. Consensus There was a consensus of the Commission to move forward with this project and have staff and the City Attorney deal with this. E. Commission Sitting as CRA Vice Mayor Titcomb said this has been a reoccurring item at the City Commission /Chamber of Commerce Workshops. There are several things coming up in the near future that will create movement on the issue of the CRA. Vice Mayor Titcomb feels one time period per month (one -half hour or one hour) should be designated during City Commission meetings to sit as the CRA and discuss specific CRA issues. This would help to answer some of the questions about whether or not the City Commission will continue to remain the CRA. Commissioner Tillman suggests conducting a workshop meeting to determine exactly what is expected of the Commissions with respect to the CRA and how information will be disseminated on these issues. Attorney Cherof advised that the CRA meetings can be held during the regular City Commission meetings. However, the regular meeting would be recessed and then reconvened at the conclusion of the CRA meeting. Commissioner Jaskiewicz suggested designating the four scheduled workshop meetings with the Visions 20/20 consultants as CRA meetings. XI. LEGAL: A. Ordinances — 2 " Reading — PUBLIC HEARING 1. Proposed Ordinance No. 097 -52 Re: Submitting to referendum an amendment of the City Charter abolishing the Civil Service system for all new personnel hired after March 30, 1998; providing for form of question to be presented at the referendum election, providing for title language and explanatory language for advertisement of said referendum election to be published in accordance with the Code of Ordinances, the Charter of the City of Boynton Beach and the State of Florida Election Code, and providing for submission of amendments to the Department of State Attorney Cherof read Proposed Ordinance No. 097 -52 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Dee Zibelii, 440 Ocean Parkway, asked for clarification of the wording of the ballot question. Attorney Cherof read the exact ballot language that is included in the body of the Ordinance. David Katz, 742 NW 11 Street, explained that full -time employees are probationary for one year under Civil Service. The Ordinance is silent on the people who may be probationary on March 30, 1998. He questioned how these employees would be dealt with because they have no rights under Civil Service even though they were hired with expectations of being covered by Civil Service. Attorney Cherof advised that the Ordinance only addresses the employees hired after March 30 The employees with probationary status would be covered under Civil Service if they choose Civil Service. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097 -52. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 2. Proposed Ordinance No. 097 -53 Re: Submitting to referendum an amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6, 72.7, 72.8, and 72.12 in their entirety, thereby sunsetting the Civil Service Board, and directing the City Commission to adopt an ordinance providing for an administrative procedure for the processing of grievances Attorney Cherof read Proposed Ordinance 097 -53 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Dee Zibelii, 440 Ocean Parkway, reminded the Commissioners of her request to change the word sunsetting in the Ordinance because people do not understand its meaning. She recommended using the word "abolish ". In addition, she urged the Commissioners to reconsider this Ordinance since Civil Service is useless without a Civil Service Board. She is opposed to this Ordinance. David Katz, 742 NW 11 Street, recalled that at a workshop meeting, the Mayor and Commissioners said they would not eliminate the Civil Service Board and would grandfather in the employees. This is a 180- degree turn and supporters of this Ordinance are trying to get a "second bite at the apple" by eliminating the board. Using the word "sunsetting" is unfair because people might think the board would rise again someday. Not having this board is a mistake. Mayor Taylor said he never made the comments mentioned by Mr. Katz. During the workshop meeting, he voted on the system — not the board. Attorney Cherof advised that he suggested an amendment to Section 5 of the Ordinance on second reading to delete the first and last paragraphs, and that the title be: "Amendment of 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Charter to eliminate Civil Service Board..." and the explanatory language would be only what appears as the second paragraph that reads: "This Amendment of the City Charter would eliminate the Civil Service Board, and require the City Commission to provide for an altemative administrative procedure to process grievances ". Motion Commissioner Tillman moved to amend Section 5 as follows: "Amendment to Charter to eliminate Civil Service Board ", and the explanatory language would be: "This amendment of the City Charter would eliminate the Civil Service Board, and require the City Commission to provide for an alternative administrative procedure to process grievances." Commissioner Jaskiewicz seconded the motion. In response to Vice Mayor Titcomb, Attomey Cherof advised that if a Civil Service case was initiated prior to the passage of the ballot question, the case would be continued and the board would be phased out thereafter. The board will continue to sit for all open cases until they are resolved. City Clerk Sue Kruse polled the vote. The vote was 5 -0. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097 -53. Commissioner Tillman seconded the motion. Commissioner Bradley asked if the binding arbitration discussed a few weeks ago was for the PPM. Attorney Cherof responded affirmatively. Commissioner Bradley asked if we know what the administrative procedure for processing grievances will be. Attomey Cherof explained that immediately following that passage, the Commission will adopt the procedure. Commissioner Bradley feels the promise that three Commissioners made to grandfather in the existing employees to the Civil Service System was taken away by the potential defeat of the Civil Service Board. The system loses its teeth if the board is eliminated. He questioned whether there should be discussion about the tool that will replace what is serving the employees now. Mayor Taylor said there was a consensus of the Commission during the workshop that we go to binding arbitration. However, Commissioner Bradley explained the binding arbitration was for the PPM. Vice Mayor Titcomb questioned whether a board would serve the people remaining in the system because they are grandfathered into the Civil Service system. In Attorney Cherofs opinion, a board would not serve the grandfathered employees. This Charter amendment would abolish the Civil Service Board. That board will only exist for the cases that started while the board was in existence. Binding arbitration can take the board's place as proposed under the PPM. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Dale Sugerman, Assistant City Manager, asked Attomey Cherof to comment on any current collective bargaining agreements as they relate to this question. Attorney Cherof explained that the bargaining agreements lock in a process for certain employees. If the voters pass the ballot questions, there will be an impact on the bargaining agreements. It is his opinion that if the employees covered by the agreements, or their unions, are unhappy that this is a material change in what they bargained for, they will bring the City a request to reopen those provisions of the bargaining agreements. However, he pointed out that they might be very happy with the alternative process and wish to waive the requirement for impact bargaining. Attorney Cherof reminded everyone that the Commission is not abolishing the Civil Service Board. The voters will make that decision. City Clerk Sue Kruse polled the vote. The vote was 4 -1. (Commissioner Bradley dissented.) 3. Proposed Ordinance No. 098 -01 Re: Rescinding, in its entirety, Ordinance No. 097-40 which submitted to referendum an amendment of the Charter to delete Article IV -A entitled Merit System for Personnel and which was passed on August 5, 1997 Attorney Cherof read Proposed Ordinance No. 098 -01 by title only. , MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 098 -01. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 4. Proposed Ordinance No. 098 -02 Re: Amending Chapter 18, Section 18 -82(2) of Ordinance No. 96 -04 regarding repayment of withdrawn contributions following reemployment by the City Attorney Cherof read Proposed Ordinance No. 098 -02 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 098 -02. Commissioner Tillman seconded the motion. - City Clerk Sue Kruse polled the vote. The vote was 5 -0. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 5. Proposed Ordinance No. 098 -03 Re: Amending Chapter 21 of the Land Development Regulations, Signs, by amending Article II, "Variances /Exemptions and Prohibitions ", Section 3.H. Attorney Cherof read Proposed Ordinance No. 098 -03 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098 -03. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 6. Proposed Ordinance No. 098 -04 Re: Amending Chapter 1, of the Land Development Regulations, Article II Definitions, providing for revision to the definition of roof sign and the creation of a definition of parapet sign Attorney Cherof read Proposed Ordinance No. 098 -04 by title only. F MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 098 -04. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. B. Ordinances —1 Reading 1. Proposed Ordinance No. 098 -05 Re: Amending Chapter 15 of the Code of Ordinances to provide additional powers to the Nuisance Abatement Board Attorney Cherof read Proposed Ordinance No. 098 -05 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098 -05. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 2. Proposed Ordinance No. 098 -06 Re: Adopting new Personnel Policy Manual Attorney Cherof read Proposed Ordinance No. 098 -06 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 098 -06, Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 3. Proposed Ordinance No. 098 -07 Re: Amending Ordinance 97 -37 to clarify that the length of each term would remain at two years, and the number of terms an elected officer could hold would not be limited Attomey Cherof read Proposed Ordinance No. 098 -07 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098 -07. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. 4. Proposed Ordinance No. 098 -08 Re: Amending Chapter 7, Article 1, Section 3.A.1.b. of the Land Development Regulations of the City of Boynton Beach providing for the enforceability of letters of credit having expiration dates Attorney Cherof read Proposed Ordinance No. 098 -08 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 098 -08. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5 -0. C. Resolutions: 1. Proposed Resolution No. R98 -18 Re: Opposing zoning change from Residential to Industrial for B/E Aerospace Property (Requested by Commissioner Matt Bradley) Attorney Cherof read Proposed Resolution No. R98 -18 by title only. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 M otion Commissioner Bradley moved approval. Commissioner Tillman seconded the motion. Al Till, 3845 South Lake Drive, lives across from B.E. Aerospace. B.E. Aerospace has made an application to have a residence near their property changed from residential to industrial. The Palm Beach Planning Commission approved the application over the objections of 200 residents. The Planning Commission made two provisos in their conditional approval — 1) the property be allowed to be made industrial; and 2) its uses must be restricted to only having secretaries and office storage in the building. Mr. Till said the residents do not have a problem with B.E. Aerospace using the house for secretaries and office storage. However, they are opposed to changing the designation from residential to industrial. The residents feel this is the start of a dangerous precedent. They are fearful of increased tractor - trailer traffic. B. E. Aerospace has been a good neighbor. However, the residents want the area to remain residential. He urged the Commissioners to oppose this change for reason of increased traffic and devaluation of property. Julio Rodriguez, 3855 South Lake Drive, said his concerns are similar to those stated by Mr. Till with the addition of his concern about the increased stress on the City's bridges. Mr. Grimes did not intend to increase industrial to the point it is now or to devalue the surrounding area. He would like the County Commission to consider the possibility of annexing this area so that in the future any changes in the area would have to go through this City Commission. Mayor Taylor said he drove to this area yesterday and counted 100 cars in the parking lot and there were at least 50 additional spaces available for cars. The bridges are rated for 21 tons. However, the president of the homeowners' association has photos of trucks weighing 80 tons going over the bridges. To the south of B.E. Aerospace, there is parkland belonging to the County. There is no access to that land unless the County allows people to drive through the Aerospace parcel. Once this is turned into industrial, there is nothing that would prevent demolishing the house and building another plant. Mayor Taylor has addressed this issue with Commissioner McCarty. There will be a meeting with one of the County attorneys tomorrow morning to determine the legalities of this situation. The president of the homeowners association will attend that meeting. Mayor Taylor is in favor of the Resolution of opposition and will work to express the concerns of the citizens. Commissioner Bradley advised Vice Mayor Titcomb that the last public hearing at the Board of County Commissioners is scheduled for January 29 at 9:30 a.m. He suggested Vice Mayor Titcomb attend that meeting if possible. The County Clerk can be contacted to find out the exact date this will appear on the agenda. The motion carried 5 -0. D. Other: 1. Discussion regarding Newsrack Ordinance Attorney Cherof advised that two versions of newsrack ordinances were included in the backup material. One of the ordinances is from Delray Beach and the other is from a proponent company of modular newsrack systems. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 If the Commission would like an Ordinance brought forward, there are specifics that must be included regarding size, color, design, capacity and administrative fees. He suggested that the Commission moves forward the concept of a newsrack ordinance and ask staff to provide input regarding the specifics. Commissioner Jaskiewicz is in favor of enforcing an ordinance with regard to newsracks. In response to Commissioner Jaskiewicz, Attorney Cherof advised that Delray Beach addresses only the issue of set specifications such as size, design, and color so that there is uniformity in look. Mayor Taylor likes the concept of the modular racks that were presented to the Commission previously, and he is willing to move forward on that. He reminded everyone that there was some discussion with the County relative to how the racks could be placed in their rights -of -way, and the County decided the only thing they care about is that the racks conform to the State regulations. Attorney Cherof will return the fine -tuned model newsrack ordinance and staff can provide the information for filling in the blanks in the ordinance. Those specifics will be delineated on the face of the document. Consensus There was a consensus of the Commission to move forward in this manner. 2. Consider Code Compliance Board request for lien reduction to $500 for David P. Penegor, 416 South Seacrest Boulevard - Code Compliance Case #97 -1091 Scott Blasie. Code Compliance Administrator, advised that Mr. Penegor was not present this evening. In response to Commissioner Bradley, Mr. Blasie said the administrative costs were $922.21. Mr. Penegor did not appear at any of the Code Compliance Board hearings. Staff received service for the original hearing by posting the property. Motion Commissioner Jaskiewicz moved not to reduce the fine lower than $922.21. Commissioner Bradley seconded the motion that carried 5 -0. 3. Consider Code Compliance Board request for lien reduction to $8,326.18 for Florida Four Seasons Manor, 1708 NE 4th Street - Code Compliance Case #96 -137 Scott Blasie, Code Compliance Administrator reported that no one appeared at the Code Compliance Board hearings. The Palm Beach County Health Department referred this matter to the City. Our case revolved around a roof repair that was made without a permit. The property owner and Mr. Shane, representing the property owner, were present in the audience. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mr. Rosenbach, Director of Florida Four Seasons, approached the podium and explained that he purchased this home approximately two years ago. The facility was in need of many repairs. It was under foreclosure and had over 100 violations. He moved forward and made repairs to correct all of the problems. His own staff repaired the roof. When he was notified about the violation, he could not pull the permit because he had not used a licensed roofer. Because the roof was repaired, he could not get a roofer to pull a permit. A few months ago, he was able to get a roofing contractor to pull the permit. Two years ago, a fine was placed on the facility for $25 per day. There are no violations existing today. Commissioner Jaskiewicz questioned why no representative attended the Code Compliance Board hearings. Mr. Rosenbach explained that he did not know about the hearings. He also said he overlooked them. Tim Shane, attorney, requested that the Commission consider this situation because the facility is being charged such a tremendous amount of money. The only thing the violator did wrong was to neglect to pull the permit. When he took over the home during the Christmas holidays, there were leaks in the roof. The violator fixed the roof and was unable to get a contractor to pull a permit because the work was completed. The violator was trying to solve the problems that existed on the site. Commissioner Jaskiewicz pointed out that Mr. Rosenbach should have communicated with the Code Compliance Division. Mr. Blasie could have been an intermediary between Mr. Rosenbach and the Board. Mr. Rosenbach said he spoke with Mr. Blasie many times, but his problem arose when he could not get a contractor to pull a permit. Commissioner Jaskiewicz reminded him that someone should have appeared at the hearing to explain the situation. In response to Commissioner Bradley, Mr. Blasie explained that the violator was active in trying to resolve this situation once the fine started to mount. The file on this case is two years old, but there are no notations in the file until the second year. The violation was cited in January, and the fine was certified in May. No one attended any of the meetings. Today, the overall facility is improved and after a check with the Health Department, Florida Four Seasons Manor has a clean slate. There were originally 227 violations on this property. Mayor Taylor feels the fine imposed is excessive. Motion Vice Mayor Titcomb moved to reduce the fine to $1,500 plus administrative costs of $826. Commissioner Tillman seconded the motion that carried 4 -1. (Commissioner Bradley , dissented.) 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 4. Approve Code Compliance Board request for lien reduction to $672.21 for James Johnson, Jr., 913 North Seacrest Boulevard - Code Compliance Case #96 -2246 Scott Blasie, Code Compliance Administrator, reported that no one appeared at the original hearing. Mr. Johnson visited his office on the day of the hearing to request 60 days for compliance. The Board granted that request, but Mr. Johnson did not attend the hearing because he had to work. This is a drive - through store on North Seacrest just south of EZ Mart. The cul -de -sac was all dirt and weeds and the driveway was in serious disrepair. In addition, the building needed painting. Once Mrs. Johnson got involved, the case complied. Mrs. Johnson, 913 North Seacrest Boulevard, said they were unable to attend the meetings because of sickness and work. They had serious financial problems for a long time. The site is now in compliance. She urged the Commissioners to hold the fine to $672.21. Commissioner Bradley noted that there was a 4 -3 vote at the Board to reduce this fine to $672.21. He questioned whether the opposing votes were in favor of a higher penalty. Mr. Blasie responded affirmatively. Mr. Blasie confirmed that the administrative costs totaled $922.21. Motion Commissioner Tillman moved to approve the lien reduction to $672.21. Vice Mayor Titcomb seconded the motion that carried 4 -1. (Commissioner Bradley dissented.) XII. UNFINISHED BUSINESS: A. Review progress of negotiations for the construction of the paver block monograms at designated intersections, and consider the agreement with FDOT and funding for the project City Manager Willis advised that this issue was brought forward because in spite of all efforts to resolve this or keep it from being dropped from the contract, FDOT says it will cost $127,500 and take three weeks per intersection for installation. City Manager Willis recommends holding off on this because of the expense involved for this feature. Mayor Taylor agreed that this feature is too expensive and he does not want to pay $127,500 for it. Consensus There was a consensus of the Commission to hold off on this feature because of the expense involved. XII1. OTHER: None 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:20 p.m. CITY OF BOYNTON BEACH Mayor Vice yor A 4 ATTEST: 'Commissioner Ci lerk Commissioner A .4 Rit.a.va tryputy City Clerk Commissioner (Four Tapes) r-- 30 DEVELOPMENT ORDER • CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Twin Medical Plaza fka Woolbright Medical Offices APPLICANT: Fredric Newman APPLICANT'S AGENT: David Remland APPLICANT'S ADDRESS: 555 South Federal Highway, Suite 350, Boca Raton, Florida 33432 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Abandonment (utility easement) LOCATION OF PROPERTY: Southwest corner of Woolbright Road and the E-4 Canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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 "B" with notation "Included ". 4. The Applicant's application for relief is hereby X 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 `�� • ` N TO H DATED: i lotejed �.3 /19 �Ci B�,.�e. ,. • _ �► y 4 l/ City Clerk 4 �• 1 J:\ SHRDATA \Planning\SHARED\WP\Projects \Woolbright Twin Medical\AHAN\DEVELOPMENT ORDER doc v O - Y EXHIBIT "F" Conditions of Approval Project name: Woolbright Twin Medical fka Woolbright Medical Offices File number: ABAN 97 -005 (utility easement) Reference: Abandonment application submitted November 12, 1997. File No. ABAN 97 -005. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. T A, /bme s \projects\cond of app DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Four Steel Communication Tower APPLICANT: Michael C. Desimone and Paul D. DeGrugillier APPLICANT'S AGENT: Marda Zimring APPLICANT'S ADDRESS: 701 DeSoto Road, Boca Raton, Florida 33432 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (setback requirements) LOCATION OF PROPERTY: Approximately 275 feet south of Ocean Avenue and west of 1 -95. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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. r a 2. The Applicant X 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 "B" with notation "Included ". 4. The Applicant's application for relief is hereby X 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 ` ,$" YNT0 04 ��i�' ''i DATED: � 3 /!18 . a p t 2 ; �'• � �� a City Clerk ta J \SHRDATA \Planning \SHARED \WP\ProtectsWour Steel\ZNCV\DEVELOPMENT ORDER- 244.doc v 1920 4r/tllt111II0 • EXHIBIT "F" • Conditions of Approval Project name: Four Steel Communication Tower File number: ZNCV 97 -010, Case No. 244 (setback requirements) Reference: Zoning Code Variance application dated October 30, 1997. File No. ZNCV 97 -010, Case No. 244. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILI 1'IES 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 FORES'1'ER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. - wete.m.ned. �a✓40" l� /bate s \projects\cond of appr\ o- 6cizierd DEVELOPMENT ORDER l� CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Four Steel Communication Tower APPLICANT: Michael C. Desimone and Paul D. DeGrugillier APPLICANT'S AGENT: Marda Zimring APPLICANT'S ADDRESS: 701 DeSoto Road, Boca Raton, Florida 33432 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (landscape requirements) LOCATION OF PROPERTY: Approximately 275 feet south of Ocean Avenue and west of 1 -95. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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 "B" with notation "Included ". 4. The Applicant's application for relief is hereby X 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 ."..0.0 0 `NTON DATED: ...y - „At /998 '! �, �t O City Clerk J \SHRDATA \Planning \SHARED \WP\Projects \four Steel\ZNCV\DEVELOPMENT ORDER -247 doc J i9 ofkx /illllil ' I EXHIBIT "B" Conditions of Approval r Project name: Four Steel Communication Tower File number: ZNCV 97 -013, Case No. 247 (landscape requirements) Reference: Zoning Code Variance application submitted November 6, 1997. File No. ZNCV 97 -013, Case No. 247. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 FORES'T'ER ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Provide a landscape buffer along the eastern property line 15 feet south X of the northeast corner of the property. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. All four sides of the leased parcel shall be xeriscaped, except where the X base of the mono -pole does not allow adequate room for xeriscaping. 3. Delete comment #1. X ADDITIONAL CITY COMMISSION CONDITIONS 4. / We, the undersigned residents of the Lake Boynton Estates subdivision, make it known with this petition that we do not support the re-zoning of the land north of the Cracker Barrel restaurant for the construction of a medical campus because the traffic such a project would create would adversely affect our quality of life. Furthermore, we do not support the widening ofi SW 8th in response to the proposed medical campus or any other commercial enterprise in the aforementioned area. We do not support the increasing commercialization of our neighborhood, and we will find it difficult to support anyone who does Sincerely, :hO, 1-20-1998 S;OOPH FROH UNR'LJH SMITH ASSOO &07 6"BB BB2B P. 2 · Public Polity and Strate~,ic Plannin~ · Land U~¢ arm Zoning Matters · l.¢$islativ¢ R¢~ulato~ Act~'on ~ I'~rivarJz~{ion I~sue~ ~ ~COP~ TO ~ED~E January 20, 1998 Ms. Kerry Willis, City Manager City of Boynton Beaoh 100 East Boynton Beach Blvd, Boynton Beach, FL 33425 First Baptist.Church of Boyatoa Beach: LUAR 97-002: Medical Care Campus- Woolbright Road and SW 8~ Street Dear Ms. Willis, I have been asked by City staffto li~t those Rems thc First Baptist Church of Boynton Beach has proposed in order to address items raised at th~ January 6, 1998 hearing on the referenced request Th© items proposed are in addition to tho draR conditions of approval in th~ City's staffrqmrt. On behalf of the First Baptist C~uxoh of Boynton Beach, this l~..r proposes that the following items be made part of the conditions of aoproval for thc referenced proj~: The proposed 67,500 medical offi~ building will be r~ducod to 39,700 square feet, This reduction is not required b~ the ~raffic ¢irodation elemen~ of~i~ City Comprehensive Plan to maintain level of service "C" on SW 89 Street. Rather, it is proposed to r~duce total Project tmt~. If request~l by thc City, a de~ restrktion will be r~corded in the official land records limiting the intensity of development on site to: a) 34,300 sq. f~., 120 bed nursing home; b) a 67,500 sq. fl,, 60 bed CLF; c) a 39,700 square foot medical office building a,3d; d) associated inftastructur~ a~! retention, Prior to the occupancy of a~y building on-site, the owner of the prop~/will install traffic ealmin8 devices along th~ t~vo lar~ portion of SW 8t~ str~t, if requested, as approved by the City Engineer, 4. The entrance to th~ medical office building shall I~ red,signed to onIy poxnit egress to the right (toward Woolbright Road). :5. The City shall l~rmit no other us~s ofth~ property other than those described in Rcm 2 above without City Commission approval. Although the proposed medical care campus has been designed to minimiz~ advise impacts and assur~ compatibility and provide a ne~d~ s~xvice, these item are offered in thc spirit of compromise. Very truly yours, IO5 South Narcissu,s Avenue · Suite 503 · West Palm Beach, Florida 33401 * 581-835-$$05 * tn:<: 561 655 5525