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Minutes 12-19-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN GALAXY ELEMENTARY SCHOOL, 461 WEST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 19, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Charlie Fisher, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Prior to the meeting, the Galaxy Elementary Choral group treated the City Commission and residents to a wonderful choral presentation for the Holiday season, featuring songs of celebration from many lands. Their presentation was much appreciated by the audience. I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Commissioner Bruce Black Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland Mayor Broening called the meeting to order at 6:45 p.m. Commissioner Bruce Black gave the Invocation. Vice Mayor Weiland led the Pledge of Allegiance to the Flag. Mayor Broening gave special thanks to Kathy Harris, Principal of Galaxy Elementary, the faculty, the parents, and especially the children. He said he believed the children represented the best that was in our community and that he had no fear for the future. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME THE INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Mayor Broening said he had a large number of cards and he announced he was not going to permit people to give their time to other people. He said he would call a person's name and if they wished to speak they could and if they did not, he would let it pass. He said that this was in the interest of time. Mayor Broening announced that this meeting was the third of this Commission's attempts to bring government to the people by going out into the community. They Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 had been to Village Royale on the Green and Boynton Leisureville previously. He hoped that this and future Commissions would continue the practice. Mayor Broening recognized the presence on the dais of the new Commissioner, Mike Ferguson, from District TT]:, for his first City Commission meeting. E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening said there was a request to move item D1, Grotto Bay and Bermuda Place Technical Site Plan approval, from the Consent Agenda to Item VII, Public Hearing, to combine the discussion on this issue and the Grotto Bay easement. 2. Adoption Motion Commissioner Black moved to approve the agenda, as amended. Commissioner Ferguson seconded the motion that carried 5-0. F. Recognition of Kathy Harris, Principal of Galaxy Elementary School Previously addressed. 'rT. PUBL'rC AUD'rENCE: I'NDZV.rDUAL SPEAKERS W.rLL BE L'rF,I'rTED TO 3-M'rNUTE PRESENTAT'rONS Steven Bell, 133 S. 11th Street, Lantana stated he was shocked and disappointed that the City would allow the destruction of the last of the present natural scrub areas along Gateway and elsewhere. He said we were depriving the next generation of the benefit of this God-given natural resource and that we did not have the right. He said that we owed it to our children to preserve all the natural areas and that we needed the trees to breathe. He encouraged the Commission to embrace a vision that would not allow the area's precious resources to be sacrificed for development. Herb Suss, Boynton Beach, asked that the Planning Board and the City Commission take matters of ecology and the preservation of parklands seriously. He was very touched by Mr. Bell's presentation and hoped the City would take heed of it. Mr. Suss commended the employees in all departments of the City of Boynton Beach, expressing gratitude for their cooperation, assistance, and professional attitude. Mike Fitzpatrick, 101 S.W. 4th Avenue, Boynton Beach, spoke in favor of a Sierra Club initiative that had received endorsement from the Boynton Beach Recreation and Parks Advisory Board. He spoke as Chairman of the Greenways Project Team, a six- 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 year member of the Recreation and Parks Advisory Board, and the Public Lands Chair of the Loxahatchee Group of the Sierra Club. Mr. Fitzpatrick spoke of an earlier presentation on Greenways to the Commissioners in which Mayor Broening had asked him to find a funding source for Greenways that did not count against the City's millage cap. The idea he advanced was a Greenways and Parks Taxing District modeled after the 26-year, old Greater Boca Raton Beach and Park District. The purpose of the taxing district would be to fund and oversee the preservation of open space for residents, replant open land with appropriate native plants, place walking and bike trails through the preserved land, and link the properties together with schools and urban areas by routes through quiet side streets. As urban renewal takes place, good planning would result in land being set aside to truly link the separate areas. The Greenways Project Team has identified properties of interest and has calculated that it would take $20M to purchase them. Mr. Fitzpatrick recommended a bond issue in support of the project and stated that it would require .63 mills per year to raise the $1.5M needed annually to pay off the $20M bond issue. He stated that the Sierra Club would like the City of Boynton Beach, after due deliberation and research, to 1) pass a motion supporting the creation of a Greenways and Parks District; 2) provide staff support for enabling the legislation; 3) direct the City lobbyist to work on passage; and 4) fund a special election to establish the Greenways and Parks Taxing District. Mayor Broening thanked Mr. Fitzpatrick for his presentation and asked that he provide the Commissioners with a copy of his presentation for further study. Kathleen Gates, 9693 El Clair Ranch Road, Boynton Beach, wanted to second Mr. Fitzpatrick's comments about the environment. Ms. Gates also referred to an issue on the Palm Beach County ballot last year wherein the citizens of the county were asked to pass a bond issue to purchase land to be set aside for. natural preservation and she reminded the Commission that the citizens of the county passed this item by a 75% margin, expressing the widespread concern of citizens about air pollution, greenways, and preserving something for the future. Let's not give it all to the developers, she said. Sabrina Carle, 3903 Coelebs Avenue, Boynton Beach, spoke of the destruction of the natural areas and pine forests in the wake of the City's building boom. She said the City had to be more responsive, not just to the needs of its people, but to the needs of the animals. She said the City needed to be concerned about fresh air, clean water, and a green, uncrowded environment. She urged the Commission to not "pave paradise and put up a parking lot". Mary Law, 625 South Federal Highway, Boynton Beach, commented that she had not received a response from the City Commission about the ideas she had presented recently concerning the drainage problem at her business on Federal Highway. She said that when it rains the water carries clay off the ball field behind her office and goes into the City drains. She said she would appreciate some feedback from the Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Commission about the ideas she presented to help solve the problem. She related a story of a red fox that was killed near the Seacrest Scrub and that the traffic was going too fast in certain areas of the City. She asked that Boynton Beach become an animal- friendly town. Charlotte Carle, 100 South Boulevard, Boynton Beach, spoke of the Chamber of Commerce's attitude that "bigger was better". She thought they were doing a good job except for this attitude. She said she did not understand why some green areas could not be left in their natural state. She spoke of visiting many cities all over the world and what made cities great was their green areas and parks. She asked that the City not wipe out everything that was natural and expect people to come here for a good quality of life because without some natural areas, they would not experience it. Mayor Broening closed the public audience II1. ADMINISTRATIVE: B. Motion Accept resignation of Ronald Ehster, Regular member of the Education Advisory Board. Accept resignation of Jane Zimmerman, Regular Member of the Library Board. Commissioner Fisher moved to accept the resignations of Ronald Ehster and Jane Zimmerman. Commissioner Black seconded the motion that carried 5-0. C. Appointments to be made: Appointment Length Term To Be Made Board Expiration of Date IV Fisher Mayor Broening II Black II Black Mayor Broening I Weiland II Black Mayor Broening I Weiland II Black III Ferguson Mayor Broening Advisory Bd. On Children & Youth Alt I yr term to 4/01 Advisory Bd. On Children & Youth Stu/Reg/Non-Voting I yr term to 4/01 Bldg. Board of Adjustment & Appeals Alt I yr term to 4/01 Education Advisory Board Reg 2 yr term to 4/01 Employees' Pension Board Reg 3 yr term to 4/01 Library Board Reg 3 yr term to 4/02 Library Board Reg 3 yr term to 4/02 Nuisance Abatement Board Reg 2 yr term to 4/02 Nuisance Abatement Board Alt I yr term to 4/01 Planning & Development Board Alt 1 yr term to 4/01 Planning & Development Board Alt I yr term to 4/01 Recreation & Parks Board Alt I yr term to 4/01 Tabled (3) Tabled (3) Tabled (2) Tabled (2) Tabled (2) Tabled (2) Tabled (3 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Commissioner Black appointed Concepcion Galdos as a Regular Member of the Education Advisory Board. Commissioner Black appointed Betty Boroni as a Regular Member of the Library Board. Commissioner Black appointed Mike Fitzpatrick as an Alternate Member to the Planning and Development Board. Mayor Broening appointed Spencer Calder as a Student Non-Voting Member of the Children & Youth Advisory Board. Mayor Broening appointed Margaret Murphy as a Regular Member of the Parks & Recreation Board. All other appointments were tabled. Motion Commissioner Black moved to approve the appointments. seconded the motion that carried unanimously. Vice Mayor Weiland IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: The Boynton Beach Police Department, in partnership with the Health Care District of Palm Beach County, will conduct their Annual Toy Giveaway for Iow-income families at the Hester Center on December 23, 2000. Police Chief Marshall Gage addressed the Commission and audience, advising that there would be a party for the children on Saturday from 11:00 a.m. to 1:00 p.m. at Ezell Hester Center. He asked that if anyone knew of a family that had children and was in need of gifts, to call the Police Department at 742-6150. He said that the Police Department would direct the caller(s) to the appropriate people for assistance. Display of New Fire Rescue Apparatus Rescue Vehicle (Ambulance) Heavy Rescue & Special Operations Vehicle Mayor Broening urged everyone to take a look at the new Fire Rescue equipment parked outside the meeting place. B. Presentations: 1. Proclamations: Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Christa McAuliffe Community Middle School Blue Ribbon Celebration Week" - January 21-27, 2000 (POSTPONEMENT RE(~UESTED UNTI'L 1/16/01) Orientation PowerPoint Presentation - Tnformation Technology Services - Peter Wallace Mr. Peter Wallace, Director of ]:nformation Technology Services, made an Orientation Powerpoint Presentation that explained the operations of the ]:nformation Technology Services Department. A copy of the presentation is attached to the original set of meeting minutes on file in the City Clerk's Office. Five Year Strategic Plan for the Black Awareness Celebrations in Boynton Beach - Presented by Michael Brady and Bruce Lewis of L.B. Limited & Associates, Thc. Mr. Bruce Lewis of L.B. Limited & Associates, Inc. thanked the City of Boynton Beach for the opportunity to work on this project and lauded the Black Awareness Committee for their hard work, dedication, and commitment to the project. Mr. Michael Brady, also of L.B. Limited & Associates, Inc., presented the final draft of the five-year strategic plan for the Black Awareness celebrations, stating that their work had been funded by a grant and did not come out of the City's pockets. Mr. Lewis spoke of having a series of community meetings and committee workshops over the past five months to gain input and insight into the needs of the community. Mr. Brady displayed the revised organizational structure for the Committee. The Committee is considering different sites for the event(s), revisions to event schedules to avoid overlap, implementation of an evaluation tool at event's end to aid improvements, and the encouragement of ownership of the event by the entire Community. The plan is the Committee's guide for implementing an ongoing, year-round series of events celebrating the accomplishments and heritage of the City's African-American community. Their goal was to make the Black Awareness Committee a self-sustaining and independent entity, with the City serving a support role in the future. Mr. Brady expressed belief that the City of Boynton Beach could become a destination through special events. The Black Awareness Celebration could become the catalyst that would attract new visitors to the community and that would positively impact the bottom line, tax revenues, and visitor dollars. They submitted their Plan to the City for approval and offered to answer questions. I~lotJon Commissioner Black made a motion to accept the report and have staff implement the Five-Year Strategic Plan for Black Awareness Celebration Events as presented. Commissioner Fisher seconded the motion that passed unanimously. Presentation of Annual Holiday Parade Awards - Melissa Vlaun, Special Events Manager Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Melissa Vlaun and Mayor Broening distributed the awards for winners in the 30th Annual Boynton Beach Holiday Parade held on December 3, 2000. This year's theme was "Holiday Celebrations of the Nations". First Family Grand Marshall Mayor's Award Most Outstanding Float Best Church Float Best School/Youth Decorated Float The Elliott family Shanna St. John St..loseph's Express & PK-4 Class Southern Dance Theatre's Company & Southern Street Drill Team Calvary Chapel Boynton Beach Christmas Caroling Float St. Mark's School Best City/Town or Government Sponsored Float Best Marching Unit Best Commercial Float Best Marching Band Judge's Award Best "Holiday Celebration Of the Nations" Float Santa Riding on Famous Old #5 Boynton-Lantana Post VFW 5335 Gold Coast Gymnastics Roosevelt Middle School Marching Band Southern Dance Theatre's Company & Southern Street Drill Team American German Club of the Palm Beaches Appreciation Awards were given to the judges: Kristen Conti, Salefish Realty Virginia Foot, Art of Framing Ken Forbes, Kiwanis Club V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. 5. Regular City Commission Meeting of November 21, 2000 Special City Commission Meeting of November 21, 2000 City Commission Workshop Meeting of November 16, 2000 Agenda Preview Conference of November 30, 2000 Regular City Commission Meeting of December 5, 2000 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Renew the bid for "ANNUAL SUPPLY OF HYDROGEN PEROXIDE'; BID #021-2821-00/C]D, to Vulcan Chemical Technologies, Inc., for an additional year with an annual expenditure of $200,000 Extend contract for the COLLECT[ON AND REPOR-I-[NG OF THE CTI-Y OF BOYNTON BEACH DELINQUENT ACCOUNTS, RFP #029- 1410-01/KR to Creditech for one additional year Approve the piggyback purchase of a FIRE RESCUE APPARATUS CONSTS-I-[NG OF A PIERCE 61' SKYBOOM ON A DASH CHASSIS WITH OP'I'[ONS in the amount of $473,492 from Pierce Manufacturing Inc. utilizing THE HOUSTON-GALVESTON AREA COUNCTL OF GOVERNMENTS BTD #FP00-09 Approve the use of FLOR[DA STATE CONTRACT #350-040-99-1 for UPGRADING THE NETWORK INFRASTRUCTURE from Presidio in the amount of $183,694.25 Authorize utilization of FLORTDA STATE CONTRACT #070-001-99- 1 for the purchase of a 3/4 ton, 4x4, Crew-cab Pickup from Duval Ford at a cost of $28,760 Resolutions: Proposed Resolution No. R00-174 Re: Approving the reduction in the surety requirement for the Boynton Beach YMCA from $105,055.50 down to $5,250 Proposed Resolution No. R00-175 Re: Authorizing the Mayor to sign the Tnterlocal Agreement between the City of Boynton Beach and Palm Beach County outlining the use of the County's digital microwave system Proposed Resolution No. R00-176 Re: Authorizing the Mayor to sign the [nterlocal Agreement between the South Palm Beach County Public Safety Communications Cooperative (Boynton Beach, Delray Beach and Boca Raton) and Palm Beach County to achieve radio communications interoperability for public safety Proposed Resolution No. R00-177 Re: Approving the utilization of Palm Beach County EMS grant funds in accordance with all policies and procedures outlined in the grant application Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Proposed Resolution No, R00-178 Re: Approving the Florida Department of Health Contract to receive grant funds from preventative Health and Health Services Block Grant for the fluoridation equipment to be installed at the East and West Water Treatment Plants Proposed Resolution No. R00-179 Re: Approving the $338,580 Letter of Credit Comerica Bank for the Bay Vista excavation/fill permit issued by Proposed Resolution No. R00-180 Re: Authorizing the Mayor and City Clerk to execute a Maintenance Reimbursement Agreement between the City of Boynton Beach and Quantum Park Commissioner Black asked that Ttem C-7 be removed from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: Grotto Bay @ Bermuda Place - Request for Technical Site Plan approval for 15.16 acre pod in the Quantum Park PID. The mixed-use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 ('POSTPONED ON DECEMBER 5r~) Item moved to VII~ Publ/c Hearing Authorize the Utilities Department to turn over $251,140.27 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectable Account by that same amount Approve the payment of four quarterly invoices from the Quantum Park Property Owners' Association, Thc. for the maintenance of Quantum Boulevard totaling $87,261.55 Commissioner Black asked that Item F on the Consent Agenda be removed for discussion. Approve Change Order No. 5 on the Ocean Avenue Promenade project in the amount of $10,375. This Change Order does not add any days to the project. Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Authorize Kimley-Horn and Associates, Inc. design engineers to proceed with the development of construction drawings for the Tndustrial Avenue stormwater improvement program I. Approve the purchase of SmartZone System Manager Terminal Motion Commissioner Black made a motion to approve the Consent Agenda, as amended. Commissioner Ferguson seconded the motion that carried 5-0. Consent Agenda Items C-7 and F for Discussion Commissioner Black stated that the two agenda items were related and that he would like to know whether staff had come to a final conclusion on the payment of the $87,261.55 bill from the Quantum Park Property Owners' Association, Inc. for the maintenance of Quantum Boulevard for four quarters, with a fifth quarter to be decided at a later date? Attorney Cherof stated that the maintenance agreement had not been finalized and that there was no agreement on the terms and conditions of it. He said that it had arisen out of Commission action several years ago when the high school was in the process of being approved. The City offered to maintain portions of Gateway Boulevard on behalf of the Quantum Association of landowners who had the responsibility of maintaining Quantum Boulevard at that time. Mr. David Norris, attorney for Quantum Community Development District, spoke about the agreement from the Quantum perspective, focusing on the differences between Quantum and the City. He said that they had requested that it not be on this agenda because agreement had not been reached. The City passed a Resolution in August of 1999 where it agreed to provide the maintenance on Gateway Boulevard. Work continued from that date to the present to finalize the agreement. They were seeking the Commission's concurrence in the addition of a piece of High Ridge Road to the agreement, since it was not technically a part of the Resolution. They had continued to provide and pay for the maintenance with no reimbursement from the City. The City proposed a one-year term and if terminated or not extended, the maintenance would fall back on the CDD, which was opposite, in their opinion, of the intention of the Resolution. He stated that the CDD was willing to provide the maintenance as long as the City of Boynton Beach paid for it. Quantum wanted to add High Ridge Road, make it a long-term agreement, and stipulate that in the event the agreement was terminated, the maintenance responsibility would remain with the City of Boynton Beach. Attorney Cherof said that was an accurate representation of the outstanding issues. He also stated he believed that Gateway Boulevard was dedicated to the County, not the City and this was affirmed by Mayor Broening. The question arose as to why the County was not maintaining Gateway Boulevard and Mr. Norris stated that there was language in the original Development Order for Quantum Park whereby the City had taken on the responsibility to maintain public rights of way within Quantum Park. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Attorney Cherof then referred to :Item F from the Consent Agenda and the payment of $87,261.55 to the Quantum Park Property Owners' Association, Tnc., which assumed that an agreement had been reached, to compensate them for the last four quarters for maintenance work they had done. Attorney Cherof said that if the payment were to be approved, it should be conditioned on the payment not constituting any formal or final admission on the part of the City that they were responsible for the maintenance. A lengthy discussion ensued between the Commission members, the owner and representatives of Quantum Park, and staff so that closure could be achieved on this issue. Mayor Broening stated he was part of the Commission that approved the Resolution and expressed dismay that the agreement had not been finalized. He firmly believed that the City had the maintenance responsibility but wanted to include the provision that the City could decide, on an annual basis, whether or not to do the maintenance themselves or continue to allow Quantum to do it on a reimbursement basis. Mayor Broening initially suggested agreeing to pay for the four quarters of maintenance Quantum had done so far and have the lawyers try one more time for a final agreement on the terms. He believed that the Commission definitely needed to move ahead on it. Mr. Norris said that staff had worked long enough to come up with a final agreement. Mayor Broening said he wanted to hear from staff other than Legal on the issue. Mr. Bressner said that as far as High Ridge Road was concerned, the mathematical formula that was developed for sharing maintenance responsibilities was fair and that adding High Ridge Road would not help or hurt the agreement. He said it was a City street and the City had responsibility for maintaining it anyway. He recommended allowing the addition of High Ridge Road to the maintenance agreement. Mr. Bressner said, however, that the streetlights on Gateway were problematic because they were not typically maintained by the City. He said maintenance was normally done by FPL or other private entities. If by accepting all manner of Gateway maintenance the City would also be including the streetlights, a precedent would be set that the Commission needed to acknowledge. As far as the term of the agreement, he preferred to go as long as possible and for the developer to continue doing the maintenance on a reimbursement basis. He believed that since they were already maintaining the entire Quantum Park area, economies of scale would dictate that it was more cost effective for them to do the maintenance. Mr. Norris said the City could take over the maintenance any time it wished but that an agreement needed to be finalized which acknowledged that the developer was doing the maintenance on the City's behalf. Attorney Cherof said there was no dispute on agenda item "F". Staff did not dispute the payment of the $87,361. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Motion Commissioner Ferguson made a motion that the City take over the maintenance of Gateway Boulevard as agreed to in the Resolution, include High Ridge Road, and make it for a term of 20 years. Commissioner Fisher seconded the motion. lVlr. Bressner said that this meant that the City would maintain Gateway Boulevard and High Ridge Road in total. He said that from a cost-effective management point of view, he believed the City doing the maintenance would cause the public to spend money on things that were best done by the private sector. He was in favor of continuing the system of the developer providing the maintenance on a reimbursement basis with the City paying a proportional share to the developer's organization. He said that the methodology of the agreement was such that the total linear feet in Quantum Park was calculated and the City's proportionate share was 27-28% of the total linear footage. Commissioner Ferguson asked for assistance in the flaming of the motion. He said he wanted to approve the maintenance agreement between Quantum and the City in accordance with the formula already mutually agreed upon (in the backup to agenda item F), showing that the City is responsible for the maintenance, and to include High Ridge Road. Mr. Cherof assisted in framing the following motion of Commissioner Ferguson. Motion Hr. Ferguson made a motion to direct staff to finalize the maintenance agreement with Quantum CDD to include: 1) that the City will pay for the maintenance on Gateway Boulevard, including a portion of High Ridge Road, using a mutually agreed-upon formula, currently 28.5% of the total budgeted Quantum Park maintenance cost, such figure subject to change; 2) the City will make an annual election of whether to continue to allow the CDD to perform the maintenance and be reimbursed by the City or take over the maintenance themselves; 3) in the event of termination of the agreement, the City will take over the maintenance; 4) the initial term of the agreement will be 20 years. Commissioner Fisher seconded the motion that carried 5-0. Consent Agenda Ztem F Pursuant to the above discussion, the following motion was made. Motion Commissioner Black made a motion to approve the payment of four quarterly invoices from the Quantum Park Property Owner's Association, Thc. for the maintenance of Quantum Boulevard totaling $87,361.55. Vice Mayor Weiland seconded the motion that carried 5-0. VI:. CTTY MANAGER'S REPORT: 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 A. Capital Construction Projects Review Dale Sugerman, Assistant City Manager, presented the status of the City's Capital Improvement Projects. Ocean Avenue Bridge Although the expected bridge opening was November 18, 2000, the fire in the cables that went under the Intracoastal delayed the opening. A "bridge guru" from Tallahassee was to have come and given the bridge the final operational inspection this Thursday. If it passed, the bridge was to open Friday. The bad news is they have now moved the date for the bridge opening to the end of January 2001. He said he did not have the details yet, having heard about it moments before the meeting, and that it was under the control of the Florida Department of Transportation. He planned to visit the site the day after the Commission meeting to determine the reasons for the delay. Industrial Avenue Stormwater Improvements There have been two public meetings with all the property owners on Industrial Avenue. At the first meeting, when the property owners were shown the full concept plan for stormwater improvements on Industrial Avenue, they decided they wanted a minimalist plan, just drainage improvements. They went back to the designers who created a minimalist plan that was presented at the second meeting. At this meeting they decided they wanted to go back to the original plan. The original plan included drainage, sidewalks, curbs, gutters, new street surface, landscaping, and signs. The Commission approved the full, complete plan for these improvements so this will now go ahead. Estimated time to completion will be nine months. Cost Bella Subdivision Stormwater Improvements These plans are currently being finalized between the City's staff and the consulting engineers. A preview of the first draft of the improvements should be available by the end of January 2001. Citizen Complaints about Flooding Mr. Sugerman mentioned the long-term citizen complaints about the flooding in the mature section of the community adjacent to the Intracoastal Waterway between N.E. 7m Avenue and N.E. 10th Avenue, from the Intracoastal to U.S. 1. He said he was pleased to advise that this area was the next one the City would be addressing in its stormwater improvement plans and that a draft of the proposed improvements should be ready for presentation to the City Commission in the first quarter of 2001. Mr. Sugerman mentioned that the recently approved $6.00 ERU stormwater rate had enabled the City to undertake all of the above projects. General Swale ]improvements 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 In early 2001 the City will launch its General Swale Improvement Program, designed to provide improvements to all of the swales in the community located east of Interstate 95. What, where and when the swale improvements will be made will be discussed at a future meeting, as time permits. Gateway Boulevard Mr. Sugerman expressed belief that this project was nearing its conclusion and should be completely closed out in the next sixty days. Mr. Sugerman asked for the patience of the City Commission and the public. He said that this last sixty days was the most visible part of the project and included finalization of the landscaping, final road surfacing and striping, the stucco finish on the entranceway wall, and the final shaping of the drainage pond on the east end of the project. He said that in spite of the seemingly interminable length of the project, that this was the time when the Contractor should take great pains to do the job correctly. Vice Mayor Weiland and Commissioner Fisher did not believe that the project should take another sixty days. Commissioner Fisher asked that if Hr. Sugerman believed after 30 days that it would not be finished, he could apply one of the two remedies available to cause the Contractor to proceed at a faster pace, 1) suing the Contractor, or 2) contacting the Contractor's bonding company? Mr. Sugerman stated that short of applying those two remedies, every ounce of pressure that could be brought to bear on the Contractor was being applied. Mr. Bressner commented that the City bore some responsibility for the delay and that Mr. Sugerman had inherited a set of problems that he was actively sorting out and fixing. Mr. Bressner asked for patience and to allow Mr. Sugerman, the City, and the Contractor to cooperatively complete the project in the correct fashion. Mayor Broening believed that if either of the two remedies mentioned above were applied, the work would come to a dead stop and that this would not be desirable. Ocean Avenue Promenade This project is within budget and ahead of schedule. The 500 block was opened ahead of schedule, on December 8. The balance of that work from 4th Street west over to 1~t Street, will continue to have one-way traffic maintained through the end of the project. It is a narrow street and IVlr. Sugerman cautioned the public to avoid the construction zone if possible. Also, he said, the FEC Railroad came in and changed the grade crossing on Ocean Avenue. Deep Injection Well The City Commission recently approved the nearly $1M cost for repairing this well at the West Water Treatment plant. The City is working with the Department of Environmental Protection to get a Consent Order so the project can move forward. Downtown Stormwater Retention System (Pond B) 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Phase I of the project, the actual pond itself, has been completed and is taking stormwater from the Ocean Avenue Bridge and from all the downtown streets currently connected to it. Phase II, the balance of the project, is scheduled to be completed by the end of March, 2001. Boardwalk and rails are going up, the concrete sidewalk is being completed, and the lower half of the gazebo structure has been delivered for installation. This is a Construction Manager At Risk Project where savings from the base contract and savings from the contingency fee will be split between the City and the Contractor, half-and-half. The projected final construction cost estimates have been done and he reported that if all things stay on course, there might be upwards of six figures in savings coming back to the City. West Water Treatment Plant Expansion Mr. Sugerman will report on this at the next update. Commissioner Black asked if there were any plans on the horizon for stormwater improvements on Federal Highway related to Ms. Mary Law's and Smith Brothers Photography's problems? Commissioner Black stated that every time it rained, six to eight inches of water collected in these adjacent businesses on Federal Highway and that it had been going on for a long time. The clay-colored water comes to their businesses from the ballfield behind it. Mr. Sugerman said he would be happy to take a look at it although it was not one of the current planned improvements. VIT. PUBL'rC HEARZNG: 7:00 P. Pl. OR AS SOON THEREAFTER AS THE AGENDA PERM'rTS A(1). Project: Agent: Owner: Location Description: Grotto Bay @ Bermuda Place .]oni Brinkman,AICP, Winston Lee & Associates,Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard, lots 59 through 61, Quantum Park PID Request for Technical Site Plan approval for 15.16-acre pod in the Quantum Park PTD. The mixed-use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 (POSTPONED ON DECEMBER 5~) This item was moved from the Consent Agenda in order to cons/der both Grotto Bay items at the same time, Attorney Cherof administered the Oath to all persons planning to speak on any of the agenda items being addressed in the Public Hearing. Attorney Cherof asked the speakers to identify themselves by name and, and to state any special qualifications they possessed pertaining to the testimony they would be giving. David Norris, Attorney for Quantum Park & Village, LLC, applicant, stated that there were 49 conditions listed in the Conditions of Approval. They disagreed with item 40 but 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 said that the Planning & Development Board had omitted this item. Mayor Broening agreed and said it did not need to be discussed. Their main objections were to conditions 24, 25, 26, and 27 dealing with the requirement for a Recreation Dedication. Their position was that Quantum Park and the subject site plan approval request was not subject to that requirement. Quantum Park is zoned PID. The City's Code provision with regard to the recreation dedication chapter exempts non- residential property and the PID is a non-residential zoning district. The applicant is not a sub-divider. The provisions require that the sub-divider shall dedicate land, pay a fee, and so on. Quantum is not subdividing any property. The subdivision was done in the 1980's when Quantum Park was created. The requirements in items 24, 25, 26, and 27 only apply to subdividers. Mr. Norris referred everyone's attention to the Boynton Beach City Code, Recreation Dedication Chapter, and the paragraph entitled "Procedure". This states that at the time of the filing of the subdivision final plat for approval, the subdivider shall dedicate the land and pay the fee. We are not proposing a plat and there will be no plat on what we are doing. We are just seeking site plan approval for a project within an already subdivided development. Also, we are dealing with a DRI and the law states that you cannot place any additional requirements on a DRI other than what is already in the Development Order unless we are coming in for an amendment, and that is not what we are doing. For those reasons, they believed that the park and the recreation dedication requirement did not apply. Their legal position was that they should not have to pay it. They had exercised good faith in working with staff to work through this dispute, meeting on several occasions and putting forth many compromise solutions, all of which were rejected. They did not want to be delayed on Grotto Bay and did not feel the City had any right or grounds to delay them. They would continue to exercise good faith with the City and staff to work through any disputes but asked that these requirements be deleted from the Conditions for Approval. Mayor Broening asked if this had been challenged by the Planning & Development Board? Mr. Winston Lee, licensed landscape architect and certified planner, said that the issue had come up, but the Planning & Development Board stated that they could not waive this requirement. Mr. Bressner stated that Mr. Norris had accurately portrayed the difference of opinion of City staff with the developer on the recreation dedication requirement. The City belief was that since residential units were being brought into the community, there was an impact that would be generated as a result, and they believe that the Ordinance did apply. Mr. Bressner also stated that the City had not been silent in the attempts to settle the matter and had also offered suggestions to reach agreement. He said it was a legal and a policy matter as to whether the Ordinance applied but the City believed it did and had calculated the amount owed by the developer. He said that the impasse was regrettable because the developer had contributed a lot to the community and the City had worked with the developer on many occasions in the past. Commissioner Fisher said that he believed the issue was not just Grotto Bay but Quantum Park as a whole and how that particular area should be charged. One of the options before the Commission was to approve the project and delay this portion until 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 final agreement was reached, allowing a 30-45 day window to reach agreement before start of construction. Commissioner Black said he believed that had to be agreed to before any shovel was put in the ground and questioned if this was true according to Boynton Beach City Code? Attorney Cherof stated that this was the way that the Ordinance read and this was the way that staff in the past had applied that language to other developers. Doug McDonald, President and C.E.O. of Quantum Limited Partners, and the owner of the majority of the land in Quantum Park, outlined the difference between Quantum Park and other businesses in the City of Boynton Beach in that they pay two sets of tax: 1) Boynton Beach tax, and 2) a community development tax, which pertains to irrigation, roads, lakes, and linear parks. This tax is not paid by the City of Boynton Beach but is paid by the Community Development District inside Quantum Park. He said that every sidewalk and every lake they had was open to the public, at no cost to Boynton Beach. Staff is saying that Quantum gives the City no credit for the 90 plus acres inside of Quantum Park that are a part of lake districts, jogging paths, and what staff likes to call linear parks. There are seven miles of them open to the public and at no expense to the City. In the last eighteen months Quantum had brought in over 800 jobs into the City. He said that they were the economic engine that drove Boynton Beach and that they represented the million square feet that was being built and was going up at no expense to the City of Boynton Beach. He said they wanted what was fair under the law. He said they would work with the City to develop a comprehensive plan that would tie in not only the City's fifteen acres of land inside of Quantum but the 90 plus acres in Quantum that was open to the residents of Boynton Beach, and develop something of which all could be proud. He asked that the City not hold them up on Grotto Bay at Bermuda Place. Mr. McDonald's words were well received by the audience. Commissioner Ferguson said the City had 7.1 acres in the Marina district and had given the developer incentives of $800,000 and did not have much to show for it. They have 553 acres out at Quantum Park and if we were to give the same kind of incentives to them, it would come to $8 or $9M so let's not quibble over $100,000. They seem like good neighbors and have brought a lot of jobs into the City. Let's move ahead. This was well received by the audience. Commissioner Fisher said he had heard from both sides and he believed that both sides were willing to work out an agreement. As of tonight they had not. He reiterated his earlier question of whether the Commission had the right to approve the move-ahead of Grotto Bay and delay the recreation dedication issue for 30 to 45 days? Attorney Cherof said no, but that they could formulate an appropriate condition that incorporated this intent and substitute it for the condition or conditions that had been objected to. Commissioner Fisher reiterated the fact that it was a Quantum Park issue and not just Grotto Bay and that Quantum Park was unique and should be treated differently. Vice Mayor Weiland said that every situation was unique in itself and he did not want to see the Commission set a precedent. He said Quantum had shown good faith and would continue to do so. They showed the City a plan of what they would like to do in this area in the near future and he hated to see the momentum stopped. He expressed a great deal of faith in the Quantum organization. He stated that the soul of politics was compromise and that was what needed to be done in this case. Whether the issue was 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 deferred until agreement was reached or whether it was hammered out tonight or in the next 30 to 45 days, we should let them do their two projects and move on. Commissioner Black stated that Quantum had been a good partner with the City. They started out trying to sell those pieces of property as industrial and came before the Planning & Development Board and came up with this other idea of mixed use and residential. It was his opinion that there had been a major site plan modification and that the City had given in quite a bit for it. The City wanted them to come in and liked their ideas. He said there was a set of laws on the books and that Quantum did not agree. with them. He said staff had given them every credit possible to compromise. He believed that every developer was going to come forward and say their situation was unique and that later on in the agenda, the City was asking another developer to pay a recreation fee and he believed this developer might also get up and say his situation was unique and why should he pay it? He thought the Commission would be setting a precedent that it did not want by letting them build and talking about it later. He thought staff had done a good job. People want to have parks and green space and we do not have a lot of developed parks. His fear was that once Quantum was done with their construction and out of town, there might be a lot of residential units out there with no public parks for the people. He said there was compromise in the agreement and that it was the attitude of the developer that did not want to pay it that was at fault. If the City held them to that compromise, $177,000, he did not believe that they would walk away from the City. Mayor Broening said there were lots of precedents in the City, county, state and country to provide incentives for development. How can we expect people to come into our City and invest tens of millions of dollars on a risk and not have an investment or risk on the part of the City? There are three quarters of a million dollars in the downtown marina project with far less assurances than Quantum. He thought this Commission had the authority to waive any fees that it deemed appropriate to promote development. He knew that there had been ongoing talks for the last two weeks on this specific issue. He heard Mr. McDonald speak to a promise to develop a master plan that would offer better utilization of the existing 90 plus acres in Quantum Park, and to develop it as a unified entity rather than in bits and pieces as the City had been known to do in the past. He could not think of any better plan than for Quantum and the new City staff to unite in this effort. He mentioned visiting Naples, Florida and Collier County and noted with great interest the cooperation that had taken place between developers putting up hotels and private residences in the middle of protected lands. The maintenance and the utilization of those lands is contributed to by the public and the people who reside there. He said the only difference was that you could not get into the residences because they were gated but he said they linked up to the boardwalks that went through the mangroves, all around the development. He believed that a similar idea was being proposed by Mr. McDonald and Quantum to make Quantum Park operate with a unity and coherence that does not exist today. I am very sympathetic to action from the Commission that would permit the site plan approval to go ahead with the stated promise of Quantum's assistance and cooperation with the City staff to develop these properties for public use in a unified, coherent fashion. Mr. McDonald stated that they took exception to the idea that Quantum, at the expense of industrial development, got Bermuda Bay passed. They had the ability when they 18 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 bought Quantum to develop 2,350,000 square feet of industrial space. They will have developed in 18 months from now, with the new Publix expansion, 1,973,000 square feet of the potential industrial lands that were available in Quantum, at no expense to the commercial, residential, or office components. He said their record spoke for itself and that the 700,000 square feet of space was there to be seen. They fulfilled their obligations, their plan had been coherent, and they had developed Quantum into what would become the center of Boynton Beach, at no cost to the City of Boynton Beach. Motion Commissioner Ferguson made a motion to approve the site plan for the 15.16 acre POD in the Quantum Park PID, which will contain 272 multi-family residential rental units and waive the recreation fee, subject to Planning and Development comments with the deletion of item 40 and items 24 through 27 dealing with the recreation dedication. Quantum will work with City staff to develop Quantum lands for public use in a unified, coherent fashion. Vice Mayor Weiland seconded the motion. Commissioner Fisher asked if this wording left no more room for discussion between staff and Quantum on a compromise? Mayor Broening stated that this was correct but that he believed there was a promise from Mr. McDonald that he would work with staff to develop a unified plan of development for Quantum Park. Commissioner Fisher said language to that effect should be included in the motion. City Clerk Kruse polled the vote, which was 4-1, Commissioner Black dissenting. A(2). Project: Grotto Bay at Bermuda Place (Easement) (APPLICANT REQUESTED POSTPONEMENT TO DECEMBER 19, 2000 PLANNZNG AND DEVELOPMENT MEE'I'ZNG) Agent: .loni BrJckman, ATCP, of Winston Lee & Associates, Inc. Owner: quantum Park & Village, LLC Location: The east side of (~uantum Lakes Drive, south of Gateway Boulevard Description: Request for 20' utility easement abandonment between Lots 60 and 61 in the Quantum Park PID No one in the public wished to speak on this issue. Motion Commissioner Ferguson moved to grant the request for a 20-foot utility easement abandonment between Lots 60 and 61 in the Quantum Park PID. Commissioner Fisher seconded the motion to allow discussion if needed. The motion carried 5-0. Project: Woolbright Place PUD (TABZ~O ON D£C~MB~R 5¢u.) Agent: Kilday & Associates, Tnc. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Agent: Applicant: Location: Description: Kilday & Associates, Inc. Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10.8 DU/VC Mayor Broening stated that he had 20 cards from people wishing to speak on the issue. He stated that this was too many and that at the last meeting, the only outstanding issue was a legal one raised by Mr. Wische and that if anyone wished to speak to this legal issue only, they could do so. Mayor Broening asked Attorney Cherof for a reading on the legal issue raised by Mr. Wische pertaining to this project. Attorney Cherof stated that at the request of the Commission he reviewed the documents that had been generated by the Tradewinds case in the late 1980's, and there was nothing in that documentation that would prohibit the Commission by stipulation or court order from considering the application that was in front of it. There was nothing that would prohibit the Commission, if it so desired, from rezoning the property based on any of the documentation that he reviewed. Lee Wische, 1302 S.W. 18th Street, Boynton Beach read from a court order related to the settlement of the lawsuit of Tradewinds Development and the City of Boynton Beach. In the Stipulation and Settlement Agreement dated November 6, 1986, concurred to by the parties and ordered by the Circuit Court Judge .lohn Baranik, per paragraph 18-85, it was agreed that the multi-family housing be substantially separated from the single family homes in Leisureville and Lake Boynton Estates. It further states that this separation was based on not having multiple-family high-density zoning on the property, for which the applicant is now requesting high-density zoning and reassemby with the Woolbright Place PUD and as a result, the request should be denied. Attorney Cherof stated that in 1995 the City Commission entered into an agreement with the owners of the PCD in the PUD, the parties to the original litigation, that relieved both the City and Tradewinds from the obligations of the earlier court order and the settlement and substituted a number of conditions in place of those. The purpose of the 1995 settlement that the City Commission approved was to bring the project more up to date with the current Codes that had been changed from time to time since the late 1980's. The principal requirement of the current agreement between the parties that washed out all of the old ones, was that the project could proceed in any manner as long as it complied with the Codes in place at the time of application for development and that is the situation that now faces the City Commission. They must measure and test this application against current Code requirements, and not any of the stipulations or agreements that were released in 1995 and written in the late 1980's. IVlr. Wische asked if the Commission could overturn a Court Order? Attorney Cherof said that all that the Court Order did in respect to the development rights on the property, 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida December19,2000 was to insure that the developer had the right to develop in accordance with guidelines set by the stipulation and by the court. The developer waived those rights in 1995 and said, he would no longer insist upon developing pursuant to what they won in Court, but would develop it in accordance with the City's codes as amended from time to time. So all of those obligations and commitments were released by the agreement in 1995. There is nothing left to enforce that arises out of the litigation in the late 1980's. Mr. Wische brought up some other legal points that he believed could result in the denial of this application. Staff has stated the property is developable at the rate of 7.26. They arrived at this number when the agent came in with an ACLF for the facility. The Commission made a stipulation at that time that if the property were not developed within 18 months, it would revert back to the original stipulation of 7.26 which is there right now. Also, it can be developed at that ratio as mentioned by staff. Our main contention, besides the legal question, was that the asking price for the property was so high as to prohibit any developer from coming in, building, and making a profit. They have gone from 7.26 to 15 something in density, he said. We may have to accept the change in the Court Order in 1995, but we do not have to accept the fact that anyone can come in and get double the amount of density because they are asking an astronomical amount of money. Mayor Broening asked if he were representing himself?. Mr. Wische said he was representing the people whose homes abutted the project. He was also a member of the Palm Beach Leisureville Board of Directors and was authorized by the Board to represent them in requesting denial. They did not deny them the opportunity to build at all but were only asking them to build at the present zoning. Mike Fitzpatrick, 101 S.W. 4th Avenue, Boynton Beach, said he was speaking on this subject because there were some trees on the property in question that would be destroyed and could not be replaced during this generation. The legal issue involved was that the Baptist Church bought the property in 1986 for $330,000. They went before the Planning and Zoning Board in 1997 and it came before the City Commission in 1998. The PUD was changed into a PCD by Ordinance 98-25. Because of this change, the assessed value went from $330,000 to $1,837,000. Ordinance 98-26 increased the density. Staff never had any intent to allow another 52 units to be built in the Vinings or Crystal Key. The developers saw a legal loophole there so now they want to bring back the PCD into the PUD. Tnstead of going back to the initial density, they want to apply that to this new project. Mayor Broening said there had been a hearing on the issue at a previous meeting and that Mr. Fitzpatrick's comments should have been brought up at that time. He further said that the Commission was hearing legal arguments only, in the interest of time, and he did not see the legal argument in Mr. Fitzpatrick's comments. Bob Ensler, 26 Woods Lane, Boynton Beach, brought up three items from staff's Project Analysis of this project that he believed required further review and consideration. He believed that the fact that the property was physically and 21 Meeting Minutes City Commission Meeting Boynton Beach. Florida December19,2000 economically developable under the existing zoning called for its denial. If it was a grant of special privilege to an individual owner, it should also be denied. He stated that increasing the zoning and putting more homes on it represented, in his mind, a grant of special privilege and, therefore, the application should be denied. He said that the application should also be denied if it would affect the property values of the adjacent properties and he believed that this was the case. He asked the City Commission to reconsider these items. Mayor Broening commented that staff recommended approval of the requested rezoning from Planned Commercial Development (PCD) to Planned Unit (Residential) Development (PUD) and master plan modification to reassemble the property with the adjacent Woolbright Place PUD. Mr. Ensler believed that the three issues he brought up needed to be reviewed again. He did not think they were properly covered. Claire Friedlander, 604 Canal Way, Boynton Beach, said that she had been in the area for 30 years and had been present four or five years ago when the nursing home was proposed. Staff assured her at that time that because of the Court Order and because of the way the property could be assembled, that under no conditions would there ever be a housing project in excess of the size that was quoted by Mr. Wische at the beginning of this public discussion. I cannot understand how someone doing the same job in the same city, from the same facts, can come up with an entirely different recommendation. In another town, another jurisdiction, and another state, I happen to chair the Zoning Board of Appeals for a major city. It is a quasi-judicial administrative responsibility and ! believe that the City Commission hearing this matter is in the same boat. ! urge you to research it again or ask for more information, if necessary, because individual financial benefit cannot be the basis for a rezoning. Mayor Broening asked for further public comment, hearing none, he closed the public hearing. Vice Mayor Weiland asked Attorney Cherof if it were legal for the developer to borrow from the Vinings to increase his density in this project? Attorney Cherof said they could share density that was anywhere in the PUD. Vice Mayor Weiland asked if there were available room for this? Attorney Cherof stated that, according to staff analysis, there was room. Mayor Broening stated that if they could not, it was a site plan issue and not a zoning issue. Commissioner Fisher said that his understanding from the last meeting was that the Vinings was supposed to provide a more formal document stating that Wood Partners Development could use its surplus dwelling units. Have they provided this document? Mr. IVlartin Perry, speaking for the applicant, stated that it had been provided to IVlr. Rumpf in the Planning Department. Vice Mayor Weiland wanted to be sure that this density was not being reserved for commercial use versus residential. Attorney Cherof said he was unaware of it being 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 mentioned in any of the documentation. He did not believe this was true. The designation, he said, was residential. Mayor Broening asked Attorney Cherof if the letter was sufficient? Attorney Cherof replied that it was. Motion Commissioner Ferguson made a motion to approve the request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings, on 14.18 acres at a density of 10.8 DU/AC. Commissioner Fisher seconded the motion. The motion carried 4-1, with Commissioner Black dissenting. Vice Mayor Weiland stated that he realized it was not a site plan issue but he was voting in favor of it tonight in light of his discussions with Mr. Kilday and on the basis of what they would be presenting to the Commission in three or four weeks' time. C. Proposed Resolution R00-181 Re: Tntent to Establish Fire Service Special Assessment Attorney Cherof read Resolution R00-:L81 by title only. Motion Commissioner Black made a motion to approve Resolution R00-181. Commissioner Fisher seconded the motion that carried 4-:L, Commissioner Ferguson dissenting. VIII. FUTURE AGENDA TI'EMS: IXw B. C. D. Future Annexation Areas (February 6, 2001) Code Compliance Board Lien Reduction Procedure (January 2, 2001) "Name Pond B" Contest Demonstration of GTS Project to City Commission, CRA and Planning & Development Board (February 6, 2000) Outdoor Dining Ordinance (zoning text) Orbit Night Club DEVELOPMENT PLANS: 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Approve the amount of $162,800 as the required recreation impact fee for Tuscany on the Intracoastal (f.k.a. Bay Vista) based on the City's methodology using the average cost/value of an acre of the subject site. Motion Vice Mayor Weiland made a motion to approve the $162,800 recreation impact fee for Tuscany on the Intracoastal. Commissioner Ferguson seconded the motion that carried 5-0. X, NEW BUSTNESS: None. XT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 000-69 Re: Amending Article I of Chapter 2, Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency and amending Article ! of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City Commission shall no longer be the governing body of the Community Redevelopment Agency (CRA) and to provide for the board members' appointment by the City Commission City Attorney Cherof read Proposed Ordinance No. 000-69 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Mike Bottcher, 15 Lake Eden Drive, Boynton Beach, representing the Greater Boynton Beach Chamber of Commerce stated that the Chamber had supported a CRA comprised of an appointed professional staff for a long time. He thanked each of the members of the Commission for their foresight and vision to approve Ordinance Nos. 00069, 70 and 71. They are excited with the City's decision to move forward and accelerate redevelopment in the CRA area. They believe that the completion of the bridge, the completion of Pond B, the Ocean Avenue improvements, progress made by the Children's Museum and many more projects, pointed to a time to capitalize on public and private initiatives. They understood that the CRA and the Planning and Development Board had similar responsibilities and he congratulated the Planning and Development Board for the admirable job it had done of guiding development in the past. He said it was time for a separate governing body to focus on the CRA core area that was vital to the Vision 20/20 process discussed four to five years ago. They approved of the appointed choices and believed they had the experience and background to carry out the vision of this Commission, previous Commissions, and the citizens at large. They pointed out that several of the members selected also had 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Planning and Development experience. He said that what had happened in the Boca Raton, Delray Beach and West Palm Beach areas could and would happen here, and he congratulated everyone involved in the decision. Diana 3ohnson, 7 Baytree Circle, Boynton Beach, stated that the City would be built out within its borders in the very near future. The only way to increase the tax base to distribute the cost of services fairly throughout the citizenry was through redevelopment. The members chosen for this Board, just like the Planning and Development Board, have the background and experience necessary to carry on the task of reducing blight and increasing the tax base through redevelopment. She reminded everyone that this Board, like all City Boards, works at the behest of the Commission. She believed that the time had come for this City to have an independent Board that would concentrate and devote its time to the specific purpose of the CRA. She congratulated the City on taking this step. Motion Commissioner Black made a motion to approve Ordinance No. O00-69. commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. O00-70 Re: Creating Article IT of Chapter 1.5 of the Land Development Regulations to provide for the powers and duties of the Community Redevelopment Agency (CRA) pertaining to land within the CRA boundaries Attorney Cherof read Proposed Ordinance No. O00-70 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Ferguson made a motion to approve Ordinance No. O00-70. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No, O00-71 Re: Amending Article I, Chapter 1.5, Section i of the Land Development Regulations to add a new subsection E.; providing for limitation of the Planning & Development Board's authority in the Community Redevelopment Area, providing for transfer of authority, function, powers and duties to the CRA Attorney Cherof read Proposed Ordinance No. O00-71 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. 25 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Lee Wische, 1302 S.W. 18th Street, spoke as the Chairman of the Planning and Development Board. He had no objection to what the City had done with the independent CRA but he did have an objection to the bypassing of the Planning and Development Board. He thought it was unjustified, unwarranted, and a slap in the face to people who had worked diligently for years. He believed the Planning and Development Board should still review projects but give the final say to the CRA. Instead of reporting to the City Commission, they would report to the CRA. He pointed to recent action taken by Boca Raton where they said that projects submitted in the future would be reviewed by the City's Planning and Zoning Board and Community Appearance Board and the two Boards would advise the CRA, which had the final say over downtown projects. He recommended the Ordinance be changed to include the Planning and Development Board reviewing anything that came through the City. Motion Commissioner Black made a motion to approve Ordinance No. 000-71. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1, with Commissioner Ferguson dissenting. Proposed Ordinance No, 000-72 Re: Establishing an annual boat launching and trailer parking fee for Boat Club Park Attorney Cherof read Proposed Ordinance No. 000-72 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC AUDIENCE. Motion Vice Mayor Weiland made a motion to approve Ordinance 000-72. Commissioner Ferguson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. O00-73 Re: Amending Chapter Nine, Entitled "Fire Protection and Prevention"of the City Code by creating and establishing Article VIII "Hazardous Materials" regulations, Section 9-71, "Disclosure and Safety Requirements'; providing for definition, exemptions from disclosure and enforcement Attorney Cherof read Proposed Ordinance No. 000-73 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black made a motion to approve Ordinance 000-73. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 B. Ordinances - 1~t Reading Proposed Ordinance No. O00-74 Re: Amending Chapter 18, Article 11, Division 5 of the Code of Ordinances to amend the investment policy of the General Employees' Pension Plan, specifically amending Section 18-145, entitled "Tnvestment of Funds" by ratifying and adopting the terms of the investment policy approved by the General Employees' Pension Board Attorney Cherof read Proposed Ordinance No. O00-74 by title only. Motion Commissioner Black made a motion to approve Proposed Ordinance No. O00-74. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. 000-75 Re: Amending Chapter 18, Article TT of the Code of Ordinances to provide enhanced retirement benefits to the members of the General Employees' Retirement Plan Attorney Cherof read Ordinance No. O00-75 by title only. Motion Commissioner Black made a motion to approve Proposed Ordinance No. 000-75. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Ordinance No. O00-76 Re: Approving the abandonment of a 30' Roadway right-of-way for B.ls Wholesale Club Attorney Cherof read Ordinance No. O00-75 by title only. Motion Commissioner Black made a motion to Commissioner Fisher seconded the motion. vote was 5-0. approve Proposed Ordinance 000-76. City Clerk Sue Kruse polled the vote. The .. Proposed Ordinance No. OO0-77 Re: Amending Chapter :[, Article TT of Land Development Regulations of the City 27 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 of Boynton Beach, entitled "Definitions'; regarding the definition of a billboard Attorney Cherof read Proposed Ordinance No. 000-77 by title only. Motion Commissioner Fisher made a motion to approve Proposed Ordinance O00-77. Commissioner Ferguson seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0, Proposed Ordinance No. 000-78 Re: Amending Chapter 2:L, of the Land Development Regulations of the City of Boynton Beach entitled "Signs'; to provide for clarification Attorney Cherof read Proposed Ordinance No. 000-78 by title only. Motion Commissioner Black made a motion to Commissioner Fisher seconded the motion. vote was 5-0. approve Proposed Ordinance O00-78. City Clerk Sue Kruse polled the vote. The C. Resolutions: Proposed Resolution No. R00-182 Re: Ratifying the Memorandum of Understanding between the Palm Beach County Police Benevolent Association (PBA) and the City of Boynton Beach Attorney Cherof read Proposed Resolution No. R00-182 by title only. Motion Commissioner Black made a motion to approve Proposed Resolution No. R00-182. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. Proposed Resolution No. ROO-:L83 Re: Appointing members of the Community Redevelopment Agency Attorney Cherof read Proposed Resolution No. R00-183 by title only. 28 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 Motion Commissioner Black made a motion to Commissioner Fisher seconded the motion. vote was 5-0. D. Other: approve Proposed Resolution R00-183. City Clerk Sue Kruse polled the vote. The Vice Mayor Weiland stated that he wished to announce that he had changed his mind about seeking re-election for his Commission seat. He had enjoyed what he had done and would definitely run again. Commissioner Fisher said he wanted to thank the entire staff for the work done in the year 2000. He also thanked the community leaders and the new principal at Galaxy Elementary for taking a leadership role. He expressed thanks to the Chamber and wished everyone a happy, safe holiday. Mayor Broening announced that he, also, would be running for re-election in March. XII. UNFINISHED BUSINESS: None XIII. OTHER: None X~V. AD.~OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:10 p.m. 29 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 19, 2000 ATTEST: C~I-Y OF BOYNTON BEACH Commissioner Recording Secretary (4 tapes) Commissioner Commissioner 30 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA . ~ROJECT NAME: Grotto Bay @ Bermuda Place (Quantum Park) APPLICANT'S AGENT: Winston Lee, Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: Quantum Lakes Drive, Suite 101 Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December/~, 2000 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): New Technical Site Plan With Waivers East side of Quantum Lakes Drive, south of Gateway Blvd. SEE EXHIBIT "B" ATTACHED HERETO. × THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief ~ought by the applicant and heard testimony from the applicant, members of city administrative staff ~nd 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 "C" with notation "Included". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Park -Grotto Bay @ Bermuda Place\Waiver\CC 12-5-00 DO,doc EXHIBIT "E" Conditions of Approval Project name: Quantum Park Grotto Bay ~ Bermuda Place File number: NWSP 00-016 Reference: 2nareview plans identified as New Technical Site Plan. File # NWSP-00-016 with a October 31, 2000 Revised Plannin~ and Zoning Department date stamp marking. DEP~TMENTS. INCLUDE REJECT PtmLic woe, xs comments: NONE X UTILITIES !! Co~ents: NONE X Comments: 1. ~ fire hydrant flow test is required - LDR 6-16. X Comments: 2. At time of permit request a Photometric Study t° be completed on entire X ~omplex. Would like indicated; placement of light poles/fixtures, type of lamps to be used (i.e. high pressure sodium, metal halide, etc.) and lamp ~attage. i 3. ')lacement of"Automatic Gates" may cause traffic problems. Non-residents X -'ailing to gain entry would create traffic congestion and road blocks (no "mm around" provided). Applicant was advised to locate the automatic l;ates as close to the traffic circle as possible so that they are visible from the entrance drive. EN(~INEERING DIVISION I Comments: 4. flpplicant proposes to deviate from Engineering Standard Drawing B-90013 X by providing drive aisles at 25 feet in width, not 27 feet as required. All off- ~treet parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach LDR and shall be approved according to the procedures contained therein. [LDR Chapter 2, Section H. 1.] WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS DEVIATION. Grotto Bay @ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT 5. Provide a new ingress/egress utility easement for the new proposed access X road into the lift station. "A copy of the recorded ingress/egress/utility easement shall be submitted prior to issuance of any building permits." 6. For all required residential district parking spaces not within an enclosed X garage, the first parking space shall be a minimum of 12 feet wide and 18 feet long, exclusive of public or private right-of-way. [LDR Chapter 2, Section 11.] (WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION). 7. With the relocation of the 54 inch CMP drainage conduit, address the X proposed abandonment of the majority of the 12 foot Drainage Easement between Lots 59 & 60. A Copy of the approved and recorded abandonment Shall be filed prior to issuance of any building permit in this area." 8. The 20 foot Utility Easement between lots 60 & 61 runs underneath several X buildings. Correct conflict, or address any proposed abandonment thereof. A Copy of the approved and recorded abandonment shall be filed prior to igsuance of any building permit in this area.' 9. pollution retardant baffles shall be required for all drainage structures that X 9utfall to exfiltration trenches. Drainage structures must be large enough to accommodate the baffles and allow silt removal. 10. Provide the City with an acceptable agreement regarding the encroachments X ~y the pool fence and paver stone walk and benches into the Water Management Tract. BUILDING DIVISION comments: 11. Provide written verification that would allow the stone walk, seating area, X and stone deck/with aluminum fence to extend outside of the property line. The written verification shall be from the entity that controls the off-site !iand as described on the plat drawing that is referenced on the submitted ~urvey. 12. identify the proposed finish floor elevation that the design professional has X established for the building within the footprint of the first floor of all ~uildings, including the clubhouse building. 13. The location, type and size of existing and new easements shall be shown X and identified on the site plan. Where applicable, amend the plans so that structures do not encroach into an easement. The site plan shows that there are buildings and structures, including building overhangs, encroaching into easements. Amend the drawings accordingly. 14. At time of permit review, submit a copy of the recorded resolution that X verifies the proposed abandonment of the drainage easement and utility Grotto Bay ~ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT easement that has been completed. 15. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match the property owner that is identified on the form. 16. At time of permit review, the site plan shall identify the actual distance that X each building/structure is set back from the adjacent property lines including We distance between buildings. Please note that overhangs, covered Walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awning, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations ~pecified on the approved site plan.. 17. To properly determine the impact fees that will be assessed for the 1-story X ~lubhouse/lease office building, at time of permit review, the applicant shall provide the following information to the Palm Beach County Impact Fee Coordinator at 100 Australian Avenue, West Palm Beach, FL 33406: Submit a notarized affidavit on the letterhead of the property owner, Company or association. The letter will list and must contain an answer to the following questions. a. Will the Clubhouse building be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfare to get to the Clubhouse/Recreation building? c. Will there be any additional delivery to the site? d. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. The applicant should request that the County send the City a copy of their determination of what impact fees are ~equired for the clubhouse/lease office building. 18. The Unit Key chart that has been provided to identify the total floor area X breakdown of the A/C and non-A/C area of the buildings is not consistent Mth the total of the floor areas that have been identified on individual unit floor plan drawings. Correct the inconsistencies. Add to the individual unit floor plan drawings text that identifies the location of all entry areas. The entry areas shall match the areas that are listed on the unit floor area breakdown chart. 19. At time of permit review, submit for review an addressing plan for the X project. Grotto Bay ~ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT 20. As required by Chapter 4, Section 7 of the Land Development Regulations, X ~ubmit a floor plan drawing of the clubhouse/lease office building. Dimension on the drawing the overall height of the buildings. The overall height of the buildings shall be measured from £mish floor to the highest Point of the roof or parapet wall. The overall height of the building shall not ~xceed the height limitations of the Zoning Code. Also, provide elevation View drawings of all four sides of each type of residential building. 21. At time of permit review, provide detailed drawings and documentation on X ~e plans that will verify the accessible route that is shown from the ~ccessible parking spaces to the accessible building entrance and all common area facilities is in compliance with the regulations specified in the Fair Housing Act. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope, slope and length of the entire accessible route ~cluding, where applicable, landings, ramps and handrails. 22. ~ompliance with the Building Codes will be evaluated at time of permit X ~eview. The permit fee, water and sewer facility fees, Fire and Life Safety ~ees, County fees and State fees will be determined at time of permit review. I 23. Permits are required to construct the improvements that are shown on the X ~pproved site plan/conditional use documents. Permit application forms are fivailable in the Building Division of the Development Department. A ~ermit submittal checklist is available in the Building Division. The list Identifies the basic documents that the Plans Analyst checks for when an aPPlicant submits for permit review. I i pARkKs, AND RECREATION 'i Comments: 24. The total recreation dedication credit will be calculated as follows: X 272 d.u.x. 015 acres = 4.08 acres ½ credit may be given against the requirement of land dedication or Payment of fees. V2 private recreation credit will be calculated as follows: : 4.08 acres / 2 = 2.04 acres The City is interested in expanding it's park property in Quantum Park and ~ould consider land adjacent to that site for recreation dedication element for this development. The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25. List on the site plan the site elements for which recreation credit will be X provided. 26. Since the property is not required to be platted, the recreation credit X dedication fee will not be due prior to the building permit being issued. 27. ~ order to earn ½ recreation credit, the developer needs to provide a X Grotto Bay @ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT minimum of five (5) of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet eecreation park needs of future residents of the area: a. Children's Play Apparatus Area b. Landscape Park-Like Areas ¢. Family Picnic Areas d. Turf Playfield e. Swimming Pool & Lawn Areas f. Recreation Center Building In the opinion of the Parks Division staff, the recreation elements shown on the plans do not meet the needs of the future residents. At a mutually ~onvenient time, the Parks Division staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication requirements for the project. FOrSTER/ENVIRONMENTALIST Comments: 28. The applicant should indicate on the landscape plans the existing desirable X frees that will be: a. Preserved on site. b. Relocated on site. 9' Removed and replaced on site. 29. A clearing and grubbing permit from the building Division will be required X to address the existing trees. 30. The applicant should complete an environmental assessment (statement) of X the site in reference to flora and fauna. 31. The applicant should indicate on the landscape plans any proposed X Iterations to the upland planting along the lake to create views through yegetation. This can be accommodated in the field during the clearing and grubbing permit process. 32. he proposed walkway along the Sand Pine Preserve may impact this X environmental site. The applicant in reference to any proposed landscape installations, or fence design changes around the Sand Pines Preserve should discuss this on the landscape plans. PLANNING AND ZONING comments: 33. Site plan layout requires abandonment of a 12 foot DE and water X management access easement located between Tracts 59 and 60 and a 20 Grotto Bay ~ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT foot utility easement located between Tracts 60 and 61. Submit request for abandonment. Submit request for abandonment from City and Quantum Community Development District as appropriate. 34. Provide the location of the fire hydrants and other utilities on the landscape X plan to avoid conflicts with plant material. Landscape plan shows entrance feature landscaping located in the FP&L easement. 35. Provide building colors (product name and identification number) on the X elevation drawings. (Ch. 4, Sec. 7., D. 1.) 36. ~ the elevation drawings for the recreation/clubhouse building, indicate X building height dimensions and colors (product number and identification number) for the building materials on the plans. (Ch. 4, Sec. 7., D. 1.) 37. Correct Land Use designation on the Site Plan Data to "Industrial." The X DRI designation is Mixed Use but the Future Land Use Map designates this Site as Industrial. 38. Applicant is proposing a deviation from the PUD parking requirement of X two (2) spaces per unit. Parking calculations are based on 1.75 spaces per unit with an additional five percent (5%) of the total allocated for guest parking. A total of 505 spaces are proposed. (WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.) 39. Parking spaces located outside of enclosed garages must be 12 feet wide. X ~Ch. 2, Sec. 11. H.2) Variable widths to a minimum of eight (8) feet are ghown on the plans. WAIVER REQUESTED. JUSTIFICATION pROVIDED FOR THIS CODE DEVIATION 40. This proposed residential development is adjacent to an office development X located to the south (Tract 58). All tracts in Quantum are zoned PID with specific uses for each tract governed by the DRI Master Plan. This submittal indicates a five (5) foot wide landscape buffer located along the south Property line between Tracts 58 and 59. No fence or wall is proposed to buffer the residential use from the office use. The Land Development Regulations Chapter 2, Section 4 L. requires a buffer wall to be provided between residential and non-residential zoning districts. In this case, the zoning district for all parcels in Quantum is the same, PID. In Chapter 6 ~cle III, Section 3 there is a requirement for subdivisions to separate [esidential from commercial and industrial development with a five (5) foot masonry wall or landscaped chain link fence. Indicate on the plans whether a fence or wall is to be provided along the property line between Tracts 58 and 59. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION 41. Portions or Buildings #18, #2, #3 and #4 are located at the 15 foot utility X easement lines. No encroachment into utility easement by any portion of a building including roof overhang is permitted. Relocate these buildings Grotto Bay ~ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT back far enough, so that no portion will encroach into the utility easement. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 42. The swimming pool in the recreation area does not meet the eight (8) foot X ~etback requirement. (Ch. 2. Sec. 11.E.) WAIVER REQUESTED. ~STIFICATION PROVIDED FOR THIS CODE DEVIATION. 43. The distance between buildings does not meet the PID district requirement X Of a 25 foot separation. (Ch. 2. Sec. 7, H.15) WAIVER REQUESTED. ~STIFICATION PROVIDED FOR THIS CODE DEVIATION. 44. The building setbacks for this site do not meet the PID district requirements X 6f: Front, thirty (30) feet; Side, twenty (20) feet; Rear, thirty (30) feet. (Ch. 2, Sec. 7. H. 16) WAIVER REQUESTED. JUSTIFICATION PROVIDED ~OR THIS CODE DEVIATION. 45. The project must have approval from the Quantum Architectural Review X Committee. Submit approval letter to Planning and Zoning Department Prior to building permit submittal. DESIGN RECOMMENDATIONS 46. Modify proposed project to improve pedestrian/sidewalk system, including X extension of sidewalks to intersections and striping for pedestrian paths across drive aisles in the parking area. 47. It is important that this residential project take the initiative in linking future X development of Bermuda Place. It appears that the only link proposed is ~iveway exit north of the site. How will the furore development link with Grotto Bay? 48. The project should take advantage of the lakes by designing the open spaces X ~etween the buildings as "terminating vistas" creating a link between the two. 49. Adding other architectural elements such as fountains could enhance the X interior green spaces. Currently only two gazebos are proposed. ADDITIONAL PLANNING AND ZONING BOARD CONDITIONS 50. Add to comment number 16 to read as follows: "At time of permit review, X the site plan shall identify the actual distance that each building/structure is set back from the adjacent property lines including the distance between buildings. Please note that overhangs, covered walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awning, and/or other roofed areas that extend out beyond the main walls of the Grotto Bay @ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT building. The building setbacks shall comply with setback regulations specified on the approved site plan. WAIVER REQUESTED. ~STIFICATION PROVDED FOR THIS CODE DEVIATION. No Structure, including overhangs, shall encroach into easements." 51. Omit comment number 40. X 52. Add to comment number 46 to read as follows: "Modify proposed project X t~ improve pedestrian/sidewalk system, including extension of sidewalks to intersections and striping for pedestrian paths across drive aisles in the Parking area Recommendation only." 53. Add to comment number 47 to read as follows: "It is important that this X ~esidential project take the initiative in linking future development of Bermuda Place. It appears that the only link proposed is driveway exit north of the site. How will the future development link with Grotto Bay? Recommendation only." 54. Add to comment number 48 to read as follows: "The project should take X advantage of the lakes by designing the open spaces between the buildings as "terminating vistas" creating a link between the two. Recommendation nly." 55. Add to comment number 49 to read as follows: "Adding other architectural X elements such as fountains could enhance the interior green spaces. Currently only two gazebos are proposed. Recommendation only." ADDITIONAL CITY COMMISSION CONDITIONS 56. Delete items 24, 25, 26, 27, and 40. //~ MWR/blw/arw \\CH\MAI~\SHRDATA\PLANNING\SHARED\WP\PROJECTS\QUANTUM PARK -GROTTO BaY @ BERMUDA PLACE\WAIVER\CC 12-5-00 CONDITIONS Of APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~'i~OJECT NAME: Grotto Bay ,PPLICANT'S AGENT: Joni Brickman, AICP, of Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FI. 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2000 TYPE OFiRELIEF SOUGHT: DRAWINg(S): SEE EXHIBIT "B" ATTACHED HERETO. Request for easement abandonment East side of Quantum Lakes Drive THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearingi on the Consent Agenda on the date above. The City Commission hereby adopts the findings and ,I recomme~dation of the Planning and Development Board, which Board found as follows: OR Florida on applicant follows: THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, the date of hearing stated above. The City Commission having considered the relief sought by the md heard testimony from the applicant, members of city administrative staff and the public finds as Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby ..... X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. EXHIBIT "C" Conditions of Approval Project name: Grotto Bay File number: ABAN 00-004 Reference: Application to Abandonment with an September 18, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X uTILITIES Comments: NONE X I 1 Comments: NONE X eoLtcE Comments: NONE X ENGINEERING DIVISION i 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 i ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To-txrtte~m~ineo. ~dim .... DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wood Partners Development APPLICANT'S AGENT: Kilday and Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place-Suite 100A, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December ~, 2000 TYPE OF RELIEF SOUGHT: Rezoning and Master Plan approval LocATION OF PROPERTY: West side of SW 8th Street approximately 1/8 mile north of Woolbright Road DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR : THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief ~ought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Appti,cant's application for relief is hereby · .~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. ; nCS.*.E~W.~PROJECTS~WooU ¢ Ci~ Clerk ~ '~z'~/O .~' J:XSHRDATAXPlann Pa~ers LUAR-R~N-MPMD~ Pa~nem Rezoning & W~lbdght Place PUD~CC 12-5-00 7//i#lljjl ~[~~N~ Wood ; DO.doc ll~ Conditions of Approval Master Plan Modification/Rezonin Project name: Woolbright Place PUD (Wood Development) File number: REZN 00-003 Reference: 2nd Review Plans Master Plan Modification with a November 7, 2000, Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS comments: NONE X UT~ITIES Comments: NONE X FIRE Comments: NONE X POLICE comments: NONE X vis oN Comments: 1. Pursuant to the petitioner's letter of September 21, 2000, this parcel of land (in X qUestion) was originally delineated as a residential tract (Tract F) in Woolbright Place PUD. In 1998, it was extracted from the PUD and rezoned aS a medical campus. Now, it is being brought back as High Density Residential (HDR). ~ this is the case, this department will require an updated traffic impact ' ~alysis to evaluate traffic impact movements at its proposed entranceway off Of SW 8th Street and its effect on the intersection of SW 8th Street and Woolb ight Road. 2. Augmenting the above comment, a revision to the SFWMD surface water X ~anagement permit may be necessary, based on the higher density being sought (i.e., more surface parking area, greater amenities, etc.). BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X Project name: Woolbright Place PUD (Wood Development) File number: REZN 00-003 Page 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 3. Add notes and symbols to document current city ownership of the 3.33 acres X l~cated at the northeast comer of the site, and the planned use for public drainage purposes. 4. Show points of ingress/egress for added portion, consistent with existing X n~aster plan, to show proximity to existing driveways and to confirm conflicts ~11 be avoided. 5. Show perimeter setbacks as required, and to provide comparison with adjacent X P~operties and with other portions of the master plan. 6. I~entify location of "7th Street R.O.W." or confirm and change to SW 8th X Street. 7. ~evise or reprint master plan to avoid loss of text at left margin. X 8. ~°posed revision to master plan is not documented in title block, document X a~cordingly on rectified version. 9. C!early state Future Land Use classification and maximum density allowed, X a,d change "DENSITY" to "Project Density". 10. Add statement to General Notes: "Pod 4 site plan approval is subject to X payment of a park fee." ADD!TIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. 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'�."rw xa',Cq^< ",:.°; � x� � .6 � ,1 �.,m� a �.r.",':' "a�•::5.. � ,`h X.4::', � s, �. )] i , w t .at s _,'`' 5- tl, .'tt w."kr " "" •"� - " �Y ":"� �' i Fd " $! %'r ; »"y''`": a _ L' z s.,4 •�a 4 {.b „ -F e '"`°"aa i?'w E. °.;";,"`,. }"' 'r a` •.xa.,=F .:SIiR 'i ?a .: : 7 ;t.;' ' v.Ytiv"w3" �,.t/� a�..r$i^,„� ,.,,...., k .,...s _._a. ,x,. n^ • ,at. .a e_ .,5, { x 'a .a...._a.w.,'..z� _ , "tea"- &T ` x Y� Associates, Inc. Landscape A~t~ecture Lan~ planning F.S.L. ~t,C, C1 l0 December 19, 2000 Ms. Sue Kruse, City Clerk City of Bo3mton Beach 100 E. Boyntoa Beazh Blvd. Boynton Beach, FL 334254131.0 Grotto Bay at Bermudn. Place Sit¢ Plan Approval Application lqwSP 004)16 Easement Abandor~ment Applicatio~ A_BAN 00-004 Our File No. 95-010 Via Fax 742-6090 D~ar leis, Kruse: At 0.u,r ¢tient°$ reque~., !hi~ l'~'~ iS*O f~¢ requ~ em~entiy Item D. !. on mmght's Ci~- Con,ion m~ a~, ~ moved m be hemal ~d~ Item V~., ~blie ~e~.~. ~re ~e e~tions of ap~ro~ ~eh ~e develo~r ~ s~ not yet resotv~ whi,h need to be diae~d. ~a ~t atto ati~v ~ item to ~ heard ~e~ently ~. the ~eme~l ab~doment f~ t~e sim pl~. Plea e feel free m ~1 i: you have any que~on~ ~te~id~t Mielmet F,.umpf Doug Ma~td David Norris, Esq. Mark H~n~on 1532 Old Okeechobee Road, Suite 106, West 1Patm Bcaoh, FL 3'~409-5270 Tel: 561-689-4670 ' Fax: $61-§$9-:~559 ° E-mail: wima~la(~aol-¢om City of Boynton Beach Department of Leisure services Start Date: ASAP Stop Date: 12/31/00 Boynton Beach Parade Award Winners Announced For the 30th Annual Holiday Parade The following are the award winners for the 30~ Annual Boynton Beach Holiday Parade, which was held Sunday, December 3, 2000. This year's parade theme was ~'Holiday Celebrations of the Nations". First Family - The Elliott Family ~rand Marshal - Shanna St. John ayor's Award - St. Joseph's Express & PK-4 Class ost Outstanding Float - Southern Dance Theatre's Company & Southern Street Drill Team Best Church Float - Calvary Chapel Boynton Beach Christmas Caroling Float Best School/Youth Decorated Float - St. Mark's School Best City/Town or Government sponsored Float - Santa Riding on Famous Old #5 Best Marching Unit - Boynton - Lantana Post VFW 5335 Best Commercial Float - Gold Coast Gymnastics Best Marching Band - Roosevelt Middle School Marching Band Judge's Award - Southern Dance Theatre's Company & Southern Street Drill Team Best ~'Holiday Celebration of the Nations" Float - American German Club of the Palm Beaches Float These winners will be recognized at the Tuesday, December 19, 2000, Commission meeting, where plaques will be presented. The Commission Meetings are held in the Commission Chambers at Boynton Beach City Hall, 100 E. Boynton Beach Blvd. The meeting begins at 6:30 p.m. For further information, call Parade Chair, Melissa Vlaun, at ~561) 742-6240. -30- PHOTOGRAPHERS & REPORTERS WELCOME! BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name 5"~L~-~'~'J' Address / ~ ele hone, Summa~ of Matter,to be A If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prio/r to the start of the City Address ~ ~ ~ ~"'~) ~ 5 7~ ~ ' Telephone # '~-~ ~ ~ ~'~ X If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro§ram~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting.. Name /~l '16 ~ r_tQ } ~-- t Address /Of ~A~ Telephone # '~ ~ ~ ~ '~''' ~ ~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NO___ T ON THE AGENDA - PU I IC AUDIENCE ~iollmi~itshs~.oinn~emt~tni~.n called for below and give to the C i~rk prior to the start of the City / yo attertobeAddress~/ _~ ~ ~i~ oa ~r~..e.~k~:- If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in.order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cler~prior to the start of the City 'Commission Meeting. Name Address Telephone ~ Summa~ of Matter to be Addr~~~ ~~~' ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105} The City shail furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk ~o the start of the City Commission Meeting. Name C- hc~/~ c 0~--~ Address /00 ~'~~ ~.~ Telephone, "~ 5'~'Z~ ~"-- t7 Z~ ~/~_ ~..~_.. Summary of Matter to be Ad, dressed ~.i~o'-~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she w/Il need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission ~~.~ Name Address Telephone, ~? ¢"~ ~t,/~ ~..,~. / ~"')~-'~'~ '~- ' '"'- Summa~.~:~ Matter to be Addres~ed If a person ~ecides to appeal any decision made bi the Cit~ Comaissiol with' r~spect to'any m-atter considered at this m;etint, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to ;afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a services program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Name Address Telephone Commission Meeting. SUmmary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a services program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission M~etin~g. Name ~0 ~- y~- //~o ,~ ~ ~_~ Address ~ ~ ~ ~ ~>~ ~- ~ ~ ~ ~ ~ Telephone # Summary of Matter to be Addressed Ifa person decides to'appeal any decision made by the City Commission with respect to any matter c6nsidered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone Summary of Matter to be Addressed If a person decides to appeal a~y decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # ¢~-6r ~ 73'7--/~q Summary of Matter to be Addressed ~'~-~-/U 1AP~ ~/A~ / ~" If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ programs or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name /~z{ iT-! ~ Address ~//~ ~/~Y )~ ~ Telephone ~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address ~- ~ ~" Telephone # Summary of Matter to be Addressed ~~~r~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a serviee~ program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS ~ iollmir~ itsh~ ~nn f° Mre~;;ni ~ .nca 11 e,,d for be lo wand .give to the ¢it y C ler k prff~o the start of the C it y Name Address Telephone# / // ._ ' , ,~ / Summary of Matter to be Addressed ~~ , / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F S 286 0105) The [City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a diSability au equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561)742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Cler~p~ior to the start of the City Address __ TelePhone# ~ ~0 ' -~-~/ // A~enda# _~(' ~ ~ Summary of Mat,ter to be Addr. es~ed ~,t~' ___~ ~_~_ ___-"~' ~': '-~.' -t" ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costell0, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS / Fill in the information called for below and give to the City Clerk p~i6r to the start of the City c°mmissi°n Meeti ,n~ Name Address Telephone~ ~ ~ ~ ~~ Agenda~ ~~~,~ Summary of Matter to be Addres~~/~ ~ - If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING · /' PUBLIC COMMENT CARD ' l ~ AGENDA ITEMS Fill in' the information called for below and give to the Cit l~e~k prior to the start of the City Commission Meeting. .~ . ~ Name ~/~'f~ ~ ~ Address /~/~;~-~ ~ /~~~ Telephone, V~-~- 7~'~ Agenda ~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commiss. ion with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Summary of Matter to be Addressed Address / 6, ~ ~ ~/ c/ ~ ~ //~ ~f/,_ Telephone # -~ ~ ]''" ~ ~'' ~ ~ Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purposes he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a services program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-fOur hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~r~/~ ~ ~/~' Address .~ ~f~ ~ (~c//~//~ /~-~'~/ Telephone ~ ~/- ~ ~ ~/ ~ Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the Proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission ~/~i~nfff Name Address Telephone# ~/~ 9/7~ --~/ ~ Agenda# Summary of Matter to be Addressed ~ J ~ :~ ~/~ ~'~/~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce CosteLlo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561)742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name c.~_~ .~.~ Address ~ [l~' .~ ~ L-~L~"~ Telephone ~ ~ ~ ~ ~f ~ Summary of Matter to be Addressed Agenda #~ ~-~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name /~/~ ]~y]-[ A/ ~'~ I/_~ ~ / fi' Telephone # ,~6I -- '7.~ ~ ! ~ ~ ~ Summary of Matter to be Addressed Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name -...~.~gr i~, C~r i/.~ Address ~ q~ ~ Telephone ~ Summary of Matter to be Addressed / Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~ , A/~ ~-<-t~_~ Telephone # ~ ~ ~ -'~ ~ c~ ~Z Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits o£ a services program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~'~~k Address ~~ - ~ ~~ Telephone ~ ~~' Summa~ of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # ~ ~ 7~ ~/~ o ~ Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD · AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. / Name ~/~/~/~.J ~~//4/~7~ Address 20¢ ~-~ ~/~ ~7~ %~ ~L Telephone # ~/-- 7Z~'-- ~/c~//~~ Summary of Matter to be Addressed Agenda# If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin§s is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561)742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Agenda # Summary of Matter to be Addressed ~-~>~ ~ /~ ~'~~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Agenda Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purposes he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # ~ ~/-- ~/'~ ~ Agenda Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and §ire to ,,.t. he City Clerk prior to the start of the City Commission Meeting. ~ ~__t_j~K~N__v~ Name L ~ ~ Address '~ Telephone# V~i~ [--~"'(~0 ~.- Agenda~--~/ ~ Summary of Matter to be Addressed ~.~ (~7~ ~_~/' ~~ ~-~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name%~ Address t Telephone# Summary of Matter to be Addressed Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prio~o the start f Commission Meeting. J ~ i the City Name ~r~ E~,./~/__ E. ~_~ ~ Address Z ~_~ ~ ~ ~z~ £>5 ~-~ ~c/~ / Telephone, ~ ~~ ~/~ Agend~~ ~ Summary of Matter to be Ad~res~~~[~~ ~ ~/~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (5611 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.