Loading...
Minutes 03-21-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD TN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 21, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Wilfred Hawkins, Tnterim City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENTNGS: A. Call to Order - Mayor 3erry Broening B. Invocation - Rabbi Max Roth - Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Mayor Pro Tem Sherman Mayor Broening called the meeting to order at 6:35 p.m. Rabbi Roth offered the invocation and Mayor Pro Tem Sherman led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE IT TO THE CITY CLERK (ON THE DATS) BEFORE THE "OPENINGS" PORTTON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MINUTES. Mayor Broening reminded the audience members who wished to speak during the meeting to fill out a speaker's card that was located at the rear of the Chambers. Mayor Broening reported that the Commissioners receive a written report after each meeting advising them of the resolution of the issue that was brought before them during public audience. Although this procedure is still in a trial period, this card system is working very well because it provides the Commissioners with a better understanding of the issues that are raised and the public is receiving better responses. E. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested the addition of Item XT-D.4, "Request and Announce a Closed Door Session regarding Pending Litigation". Attorney Cherof requested that ]:tem TV-C.9, "Proposed Resolution No. R00-39, Employment Contract for Fire Chief Bill Bingham" be removed from the agenda to permit the new City Manager to handle appointment contracts. MEETZNG MTNUTES REGULAR CZ'FY COMMrSSTON BOYNTON BEACH, FLORIDA MARCH 21, 2000 2. Adoption Vice Mayor Weiland moved to approve the agenda as amended. Commissioner Fisher seconded the motion that carried 5-0. · ri. ADMIN'rSTRATI'VE: A. Appointments to be made: ALL ADVISORY BOARD APPOZNTMENTS WZLL APPEAR ON THE APRIL 4TM AGENDA. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Breakfast in Boynton and Green Market - Saturday, April 8, 2000 from 8:00 a.m. to 11:30 a.m. on the Library Lawn Mayor Broening made the announcement about Breakfast in Boynton and the Green Market. Mayor Broening congratulated everyone involved in the G.A.L.A. for their efforts and hard work. He felt it was the very best G.A.L.A. we have had so far. B. Presentations: 1. Proclamations: a. "Great American Cleanup Day"-April 1, 2000 Mayor Broening read a Proclamation declaring April 1~t as "Great American Cleanup Day" and presented it to Dan DeCarlo, Neighborhood Project Specialist. At the podium, Mr. DeCarlo thanked Mayor Broening for the Proclamation and expressed his hope that all neighborhoods would participate in the program on Saturday, April 1~t. He acknowledged Tom Willi, President of the INCA Neighborhood Association, who was present at the meeting. The INCA Neighborhood Association has been very active and involved in this effort over the years. Presentation of the Award of Merit for Worker Safety and the Community Service Award to Chuck Magazine, Risk Manager by Mayor Broening of awards received from Safety Council of Palm Beach County, Tnc. At the podium, Mayor Broening reported that he recently attended the Safety Council luncheon when these awards were presented. It is his belief that safety is the way to reduce costs and improve the operation of an enterprise. He complimented the City of Boynton Beach and Chuck Magazine. He presented Mr. Magazine with the Award of Merit for Worker Safety and accepted MEETING MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA MARCH 2'1, 2000 the Community Service Award from the Safety Council of Palm Beach County on behalf of the c ty. Update by Boynton Beach Youth Council and presentation of $100 to Nobel Prize Winner Betty Williams for her active support of the children and youth of Boynton Beach Heidi DeVries, President of the Boynton Beach Youth Council, thanked everyone who assisted the Council with its very successful non-violence dance that was held on January 22, 2000. During the dance, 50 attendees signed a non-violence oath. That oath was presented to the City as a symbol of the youth commitment to non-violence. Guest speak Betty Williams was present during the dance and presented a speech to the youth. Melissa Strong, Historian for the Boynton Beach Youth Council, reported that Betty Williams attended the dance and gave an impressive speech about her views on teen violence. In appreciation, the Youth Council presented Ms. Williams with a check in the amount of $100 for her organization. Betty Williams, Nobel Prize winner, said this City should be very proud of the youth of Boynton Beach. She pointed out that everyone focuses on the wrongs of young people. She urged everyone to "shine a light on the rights". CONSENT AGENDA: Commissioner Black requested that Item ~V-D.2, "Poly Plastic Packaging, Inc.'; be removed from the Consent Agenda for discussion. A, Minutes: Special City Commission Meeting of February 29, 2000 Agenda Preview Conference of IVlarch 2, 2000 Regular City Commission Meeting of March 7, 2000 aw Bids - Recommend Approval - All expenditures are approved in the :L999-2000 Adopted Budget Renew the bid for "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS" to Harrison Uniform Company of Boynton Beach, Florida and Martin's Uniform of Tampa, Florida, with an estimated annual expenditure of $150,000 (BID #050-1412-00/C.1D) Award "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROTDERY/SILK SCREENING"- BTD #032-1412-00/C3D to various vendors as recommended by staff with an annual expenditure of $80,000. The Tabulation Committee recommends awarding the bid on a multi- award basis by overall Iow bidder with primary, secondary and third vendors as follows: MEETING MTNUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLOR]DA MARCH 2:1, 2000 Primary Vendor Bonefish Charlie's Pompano Beach, Florida Secondary Vendor Logo Gear Lake Worth, Florida Third Island Brew Promotions Weston, Florida Award the "PURCHASE OF THREE (3) NEW DIESEL POWERED, DUAL WORK STAT[ON, 20 FT. KNUCKLE BOOM REFUSE COLLECT-iON VEHICLES'; BID #037-2516-00/KR - to Atlantic Truck Sales in the amount of $233,847 .. Approve the purchase of a SANDPRO 5020 BUNKER RAKE W1TH ACCESSOR/ES in the amount of $11,839.22 from Hector Turf Inc. utilizing the General Services Administration (GSA) Contract #GS-07F-9956H Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by staff and allow selling of same Award the "ANNUAL BID FOR DUMPSTER REPAIR (2"D Re-Bid), BID #024-2510-00/SP, to Container Maintenance Corporation, with an estimated annual expenditure of $40,000 Approve the Motorola Service Agreement for the Maintenance of the Radio System for a twelve (12) month period in an amount up to $73,176 (PROPOSED R~$0£ UI-~ON NO. RO0-30) Approve the purchase of a 2000 Ford Taurus (Commodity #070-200-310) in the amount of $14,524 from Don Reid Ford utilizing State of Florida, State Contract #070-001-99-1 Resolutions: Proposed Resolution No. R00-31 Re: Approving the release of surety for the project known as Lalane Dental Office in the amount of $6,600 Proposed Resolution No. R00-32 Re: application for Palm Beach County Emergency Medical Funds Approving the Service Grant Proposed Resolution No. RO0-33 Re: Approving a facility rental agreement between the City of Boynton Beach and Palm Beach Community Duncan Theatre for the children's dance recital MEETZNG MTNUTES REGULAR cTrY COMMTSSZON BOYNTON BEACH, FLORIDA MARCH 21, 2000 Proposed Resolution No. R00-34 Re: Service Contract between the City of Boynton Beach and Physio-Control Corporation for monitor/defibrillators Proposed Resolution No. R00-35 Re: Ratification of contract bargaining agreement between the City of Boynton Beach and the National Conference of Firemen & Oilers SETU, AFL-C]:O, CLC, Local 1227 (white-collar bargaining unit) cover October 1, 1999 through September 30, 2000 Proposed Resolution No. R00--36 Re: Ratification of contract bargaining agreement between the City of Boynton Beach and the National Conference of Firemen & Oilers SETU, AFL-CTO, CLC, Local 1227 (blue-collar bargaining unit) cover October 1, 1999 through September 30, 2000 Proposed Resolution No. R00-37 Re: Approving an Tnterlocal Agreement between South Palm Beach County Communication Cooperative and Palm Beach County regarding the use of County Smart Zone Radio Controller Proposed Resolution No. R00-38 Re: Authorizing and directing the Mayor and City Clerk to execute a contract between the City of Boynton Beach and Motorola, Tnc. for the purpose of purchasing a fully operational 800 MHz Trunked Radio System Proposed Resolution No. R00-39 Re: Approving an amendment to the employment contract with William Bingham, Fire Chief At the request of Attorney Cherof, ]:tem :[V-C.9 was removed from the agenda to allow the new City Manager to handle all appointment contracts. 10. Proposed Resolution No. R00-40 Re: Amending Section :L8- 55 of the Code of Ordinances to clarify the composition of the Board of Trustees of the Employees' Pension Plan of the City of Boynton Beach D. Ratification of Planning & Development Board Action: Hampton ]:nn-Quantum Park (1475 West Gateway Boulevard) - Request for major site plan modification to expand the existing hotel by 54 rooms to a total of 161 rooms or a total of 103,993 square feet and related improvements Poly Plastic Packaging, ]:nc. (510 East Tndustrial Avenue) - Request for major site plan modification to expand the existing industrial facility by 1:~,503 square feet to a total of 26,711 square feet and related site improvements MEETZNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA MARCH 21, 2000 At the request of Commissioner Black, Item ~-D.2 was removed from the Consent Agenda for discussion. Approve Task Order #30 with CH2M Hill, Utility General Engineering Consultant, for design services of fluoridation feed systems for both of the Water Treatment Plants Approve permit for open burning of piles of vegetation at Quantum Park within the scope of Fire Rescue requirements Approve Change Order #7 in the credit amount of $17,015.31 for the "Renovation and New Construction for Utilities Operation/Technical Services Building" Approve piggybacking off Contract for Services between the City of Riviera Beach and Gallagher Bassett Services, THC., effective [0/0[/99, to perform adjustment services for liability and property claims, in the amount of $23,434 through [0/0[/2000 Motion Vice Mayor Weiland moved to approve the Consent Agenda as amended. Commissioner Black seconded the motion that carried 5-0. Vice Mayor Weiland referred to the minutes of the Agenda Preview Meeting of March 2, 2000. He said the minutes indicate that he made reference to Grace Fellowship Church with respect to minimum landscape requirements. Vice Mayor Weiland advised that he referenced Grace Fellowship Church as a landmark in describing the property across the street. He requested that this error be corrected in the minutes. He said his reference in the Regular Meeting Minutes was correct. CONSENT AGENDA ZTEM FOR DTSCUSSTON: Poly Plastic Packaging, Inc. (510 East Industrial Avenue) - Request for major site plan modification to expand the existing industrial facility by 11,503 square feet to a total of 26,711 square feet and related site improvements Commissioner Black said there is public concern about this item and he would like the public to have an opportunity to speak on this subject before the City Commission makes a decision. Mayor Broening advised that seven individuals filled out speaker's cards relative to this issue. Dan Clarkr 714 NW 7th Streetr is concerned about the chemicals contained in the plant. Across the street from this plant is a storage place for gasoline and there are three or four body 6 MEETZNG MZNUTES REGULAR C~'TY COMM]:SS'ZON BOYNTON BEACH, FLORZDA MARCH 21, 2000 shops on the street that contain flammable liquids. This industrial park is very close to the residential district. If something happened at this plant, it could cause a catastrophe in his neighborhood. Edward Tedtman, 869 NW 8a Avenue, is the President of the Laurel Hills Neighborhood Association of 341 homes. He requested that the Commission reject the request because the operation would not be allowed in Light Tndustrial M-1 Districts in historically induStrial clues. In Cincinnati and Tampa/Hillsboro, a minimum of Heavy Tndustrial (M-3) zoning is required with a setback from residential of up to 1,000 feet. They also require construction specifications. Zoning became the law to help protect the health, welfare and safety of residents. Mr. Tedtman questioned the amount of toxic materials that would be stored at this facility. He said the owner misrepresented having 476-gallon containers on the site by saying those containers were not full. He feels that if the applicant lied about how many gallons he has on site, it is grounds for revocation of his environmental permit. Samuel Covington, 509 NW 8th Courl:. is concerned about the integrity of the business. He questioned why this owner misrepresented himself and pointed out that he might do it again. He further questioned whether the need to expand the building was for the purpose of storing additional chemicals. These chemicals are extremely flammable and a fire caused by these chemicals would be very hard to put out. There are also airborne problems associated with them. He requested that the Commission reject this proposal. Mack McCray. 806 NW 4th Street, expressed concern about this issue and said this Commission was elected by the people and the Commission needs to listen to the voice of the people and vote accordingly. David Katz, 742 NW 11th Street. President of Skylake Homeowners Association, congratulated the two new Commissioners. The people don't want this project expanded. Tt is a dangerous business and should not be in this location. He urged the Commission to deny this request. Kathy Floyd, 703 NW 11th Street, agreed with all previous comments and urged the Commission to remember that there is an elementary school located directly across T-95 and that is a devastatingly frightening thought, She said she was asleep when the Manalapan plant blew up and she thought the explosion had been in her neighborhood. She requested that the Commission reject this proposal. Mike Rumpf, Planning & Zoning Division Director, said during the site plan process, staff makes certain that the Commission is aware of elements that do not conform to Code or conflict with the Code. In conjunction with review of the site plan is a review of the environmental characteristics through the Environmental Review Process. That ERC process will conclude following the applicant meeting all requirements, conditions and comments that have been generated by staff. That process is separate from the site plan review process because many of those details are provided at the permitting stage when the building and technical plans are provided. As a condition of site plan review, the ERC process must be completed. Mr. Rumpf advised that an inspection of the facility by Fire Department personnel took place today. MEETTNG M'rNUTES REGULAR cTrY COMMt'SSTON BOYNTON BEACH, FLOR]:DA MARCH 21~ 2000 When Mayor Broening asked if there were any peculiar characteristics of Toluene and other similar solvents that make it distinctive from other solvents that would be handled at The Home Depot or Ace Hardware, Steve Gale, Deputy Chief of the Fire Department responded negatively and advised that the paint section of The Home Depot would carry these same chemicals. Most of the chemicals have an alcohol base; however, Toluene does not. It is used as thinner. The Fire Department visited the site for inspection purposes today. Deputy Chief Gale said he asked questions about the quantities of small and large drums that were present. He was advised that the answer was equated to a paint business. In a custom mixing paint business, the paints are in specific colors in small containers. Some colors are in large tanks. The colors are mixed and put into small tanks. If additional product is needed, it is available because they have it stored in 5 gallon containers. Many of the previous corrections that were required have been taken care of. The Fire Department significantly upgraded their process in the plant. Toluene, Propanol and Propylacetates are very flammable. They are heavier than air and do not travel a long distance. They also have a very fast combustion rate that could equate to an explosion. The storage room is protected with a fire extinguishing system that was installed by Poly Plastics. If they are permitted to expand their plant, the City is allowed to require them to bring the entire plant into complete compliance with today's Codes. Toluene, Propanol and Propylacetates are in the same category as gasoline. These chemicals, prior to mixing, are in approved tanks. Nixing is done with a paint product and the mixture is put into smaller tanks, All tanks are approved and have been bonded as required. They are in a containment room. Last year, they were required to install drop-down, fire-operated doors in this room. An explosion could take place, but the Fire Department would equate that explosion to one that could happen from a backyard barbecue propane tank that is six or seven years old. Vice Mayor Weiland questioned whether the fire extinguishing system that is currently in place would help at all if an explosion occurred. Deputy Chief Gale was not certain and pointed out that the system would still have function because it is not a water-based system. He is not certain whether or not it would control it completely. :If the Commission approves this request, the Fire Department does have some issues that are still outstanding that would be addressed. However, the shell of the storage room is well constructed. Commissioner Fisher asked for clarification of the new things that would be evident under the new Code. Deputy Chief Gale said the City would require a ventilation system in the room to handle only that room. There are two existing doors. However, the Fire Department would require a manned door. That would result in an industrial door and a manned door. The way the tanks are presently stored would be changed. The Fire Department has not yet delved deeply into this review because it is very technical. MEETLNG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOP]DA MARCH 21, 2000 Mayor Broening said his understanding was that the maximum amount of storage allowed is 5,000 gallons. Deputy Chief Gale agreed and explained that if the applicant exceeds 5,000 gallons, the National Fire Codes require them to go to another level. That level would make it very difficult for a business to expand because there are many requirements. In response to Mayor Broening, Deputy Chief Gale said a gas station generally stores 30,000 to 50,000 gallons of gasoline in an environment that is user controlled. Commissioner Fisher requested clarification of the request. It was his understanding that the request was to expand the building - not change the volume that is permitted. Mr. Rumpf reported that he visited this site approximately one week ago. It contains a great deal of stored plastic. The applicant has a storage problem and wants to expand the storage areas. If the applicant were to take the chemical out of the room where it is stored, he would be subject to the same type of storage requirements elsewhere in the facility. If he moved the chemical to the area he is adding on, he would have retrofit and meet Code requirements. If he were to break down the materials and move them around, there would be less cumulative effect and the regulations would be less. The main reason for expanding is to better organize space to store his goods. Vice Mayor Weiland asked if the applicant would be able to increase the amount of stored chemicals if he is permitted to expand the facility. Mr. Rumpf responded negatively. However, he pointed out that the applicant could add another printing machine in this area that would increase his output. If he increases his volume of stored chemicals, the safety measures would have to correspond. Mayor Pro Tem Sherman recalled reading about this business having a history of violations. Deputy Chief Gale confirmed that the business does have a history of violations. However, he pointed out that it was not an unusual list of violations for a large industrial business. He said there are approximately 700 or 800 industrial businesses in the City and their violation rates run eight to ten for each occupancy. The Fire Department inspects these businesses at least once each year. Industrial businesses have a large flow of product and they have a lot of housekeeping items they must take care of. Vice Mayor Weiland felt a business of this nature that could produce devastating damage to the community should have a program in place to reduce these violations significantly. These businesses should go "above and beyond" to make sure there is no possibility of an accident occurring. Deputy Chief Gale agreed and said the fire marshals spend a great deal of time teaching proper housekeeping to businesses with an emphasis on industrials. Bob Fetrow, with Gator Engineering Services, and representing Poly Plastics, confirmed that upgrades would be made during the expansion. The paint will be contained around the machines and a sprinkler system will be added. The quantity of the paint will not be 9 MEE'I~NG MI'NUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH, FLOR.I:DA MARCH 2'1, 2000 increased. One or two machines might be added in the future, but the expansion is proposed for the storage of material. When Vice Mayor Weiland pointed out that the applicant could consider storing more chemicals in the future, Mr. Fetrow explained that the applicant would not store more chemicals, but would probably make purchases more often. Vice Mayor Weiland expressed concern for the safety of the elementary school children across T-95. He also pointed out that the FEC Railroad runs along tracks in this area. If there were to be a crash, the results could be devastating. Mr. Fetrow said there are 8" walls around the paint containment room. There are also 4-hour fire doors and a foam sprinkler system. Mayor Pro Tem Sherman questioned why storage tanks are allowed to remain lying around when they are only half full. Mr. Fetrow explained that these tanks are being used. They only use half of the contents at one time. The Commission requested clarification of the number of gallons Poly Plastics would be permitted to store on site. Mr. Rumpf said those numbers are identical to the figures included in the original environmental review process application processed years ago. Tt is staff understanding that the applicant estimated the typical maximum he carries at one time. He estimated portions of the containers. Tf you assume that each container is full and combined in its total, the figure is just less than 5,000 gallons. Mayor Pro Tem Sherman is concerned that the counts are different at different times and that there is a history of violations. Because of the integrity of this business, he said he could not support this request and recommended that the Commission deny this request. Mr. Fetrow confirmed that the applicant meets all of the life/safety codes. When Mayor Pro Tern Sherman pointed out that the building is not fully sprinklered, Mr. Fetrow responded that the sprinkler is not required until the building is expanded. Mr. Fetrow confirmed that it would be fully sprinklered with the expansion. Mr. Fetrow said The Home Depot carries more chemicals than Poly Plastics. Commissioner Black requested that Deputy Chief Gale explain the process the applicant would have to go through if he wanted to store additional chemicals. Deputy Chief Gale explained that the applicant is at his threshold limit for the amount of chemicals he has and for his storage room. There is no additional storage room for chemicals. The applicant would have to re-engineer the building. Vice Mayor Weiland questioned whether the applicant had more chemicals on site than was allowed three weeks ago when the building was inspected. Deputy Gale responded negatively and advised that the applicant had less than 5,000 gallons, but more than his original ERC application stated he would have. The applicant was compliant with the Fire Department's requests. Vice Mayor Weiland requested that Deputy Chief Gale compare the amounts stored at The Home Depot and Poly Plastics. Deputy Chief Gale said it is difficult to make the comparison 10 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOP~DA MARCH 21, 2000 because The Home Depot has so many types of chemicals. The Home Depot has agreed to voluntarily sprinkler their paint and tar section and some other sections in-rack in the store. There is an awareness of the volatility of these chemicals. Alcohol burns clean and hot and does not generate a great deal of smoke. It is very difficult to put out an alcohol fire. The Fire Department believes the operation can be made much safer under the new requirements. Mayor Broening asked Deputy Chief Gale if he was aware of containment walls in any propane filling station in Boynton Beach. Deputy Chief Gale responded negatively. When Mayor Broening asked what caused the fire in Manalapan, Deputy Chief Gale responded that propane was responsible. Mayor Broening pointed out that the largest bomb the United States has in its inventory other than a nuclear weapon is a propane bomb. Mayor Pro Tem Sherman reiterated that the integrity of this business was involved. In addition, we are rewarding this grandfathered building that is not towing the mark now by allowing it to expand. Mayor Broening said approval of this request would permit the City to enforce its present Code upon the building and the grandfathering would be eliminated. We would then have better control over the business operation than we currently have. This request would not change the storable amount of materials that are allowed. Mayor Broening is confident that the City will keep strict control over this enterprise through inspections. This request is offering an opportunity to provide additional safety and control. This request has nothing to do with the ERC permit. Attorney Cherof advised that many different subjects had been discussed about this agenda item. However, the actual agenda item is the review of an application for site plan amendment. The Commission's review under the Code is very limited to the scope set forth in the staff recommendation. There are other rules and regulatory procedures available to deal with the use, containment and storage. However, those were not issues at this time. Administrative staff should be allowed to engage in that process after this issue is addressed. He recommended that the Commission look at the elements contained in the agenda package to try to dispose of the agenda item. Attorney Cherof advised that if the Commissioners were unable to do that at this time, they could table the issue, re-notice it and reconsider it in an open public hearing in the future. Motion Commissioner Fisher moved to approve Item D.2, Poly Plastics, to expand to 26, 711 square feet. Mayor Broening passed the gavel to Vice Mayor Weiland and seconded the motion. Vice Mayor Weiland clarified that the Commission was being asked to permit expansion of the building even though they have been grandfathered in to some of the Codes. Tf the Commission approves this request, the amount of chemical would not be increased but the applicant would have to bring the entire building up to stricter Codes that would provide a better safety factor in this area. Mr. Rumpf agreed with the clarification. 11 MEETt'NG M'rNUTES REGULAR CI'TY COMMi'SSTON BOYNTON BEACHf FLORZDA MARCH 21~, 2000 Vice Mayor Weiland asked if it would be permissible for the Commission to request the applicant to go above and beyond the requirements. For example, rather than having an 8" wall, he questioned whether the Commission could require a concrete steel wall that is 2' thick. Mr. Rumpf advised that during the site plan process, staff sometimes makes "above and beyond" requests based on unique cases. Certain provisions are very costly and may be cost prohibitive for the applicant, but it is the Commission's prerogative to make requests subject to legal advice. Vice Mayor Weiland asked Deputy Chief Gale for his "guesstimate" of the area that would be damaged if there were 5,000 gallons on site and there was an explosion. Deputy Chief Gale felt the only way there would be a "pure" explosion would be during the delivery process. The explosive range would be approximately the same as a gasoline explosion. It would be a rapid combustion with a fast, intense build up of smoke and flame. If a fire were to break out in the storage room before the explosion the fire suppression system would be very adequate to put out the fire. Vice Mayor Weiland expressed concern about the elementary school and neighborhoods in close proximity to this use, but did not think any reasons existed to deny this request. Commissioner Black pointed out that if the Commission were to deny this request, the unsafe business would remain in place. By approving the request, more stringent regulations and safety features could be included in the building. Mr. Rumpf said that more stringent regulations and safety features would be added throughout the remainder of the building and the expanded areas. At the present time, the safety features are focussed on the containment areas - not all other grandfathered areas. Vice Mayor Weiland is hopeful that the applicant would be willing to bring the entire building up to Code. Mr. Fetrow said the major item involved in bringing the building up to Code is the installation of a sprinkler system and that would be done with the expansion. Vice Mayor Weiland called for a vote. The vote carried 4-:L (Mayor Pro Tern Sherman dissented.) Commissioner Fisher requested that residents of the area be notified of the new safety standards that will be in effect when this expansion is completed. Mr. Hawkins said Messrs. Greene and Rumpf would make sure that the community is kept informed. Mr. DeCarlo would also assist by conducting a neighborhood workshop meeting to explain the approval process. Mayor Broening suggested that the applicant invite the community to visit the plant. V. CZTY MANAGER'S REPORT: Mri Hawkins reported on the following items: At the last meeting, one citizen raised some concerns about Village Royale on the Green. The City contacted FPL to assure that additional lighting is being studied. The Police Department met with the community to help them organize the community and the Neighborhood Project Specialist met with 12 MEETZNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLORZDA MARCH 21, 2000 them to make sure they submit a Neighborhood Assistance Application for additional security around the development. Boynton Beach High School - The School District Boundary Committee will begin to discuss possible boundaries for the high school at their next meeting at 6:30 p.m. on Thursday, March 23rd in the School District Administrative Offices on Forest Hill Boulevard. The boundaries for this high school are very important. We must be involved and monitor the Committee's recommendations. The Education Advisory Board will be monitoring and tracking those discussions. Anyone interested in getting involved should attend the meeting. Census - Mr. Hawkins encouraged all Boynton Beach residents to complete and return the Census forms. This is a very important Census and the results will specifically affect Boynton Beach. This Census involves how the federal government will allocate grant funds to the State and local jurisdictions and it will determine allocation of transportation funds. ]:t also involves deployment of federal judges as well as congressional redistricting. Boynton Beach Commission districts could be affected. We may have to redraw our districts based on the results of the Census. At the last Agenda Preview Conference, there was discussion about how well the speaker cards are working. The Commissioners requested that staff comment on the purpose of the cards. The Commission adopted Robert's Rules of Order as the method by which the meeting would be run. The cards assist the Commission in following parliamentary procedures. Staff has been able to track and respond to the concerns that the citizens bring forward. The cards also assist citizens in organizing their thoughts before they approach the Commission so that they can get their point across. The Commission will continue to monitor the effectiveness of the cards. Mr. Hawkins advised that he distributed a memorandum from the Police Chief that outlines action steps that the City will be taking to address concerns brought to the City at a meeting with some business people from the Railroad Avenue area. VT. PUBLTC AUD'rENCE: Sarah Lorenz, 2508 NW 2:~st Street, would like to open a tattooing and body piercing business in Boynton Beach. However, City Codes make no reference to either activity. Due to the lack of a Code, the interpretation is that these uses are prohibited in Boynton Beach. Ms. Lorenz would like to open a business at 813 North Federal Highway. She collected more than :L50 signatures from business owners in the area as well as residents, employees and other business owners in surrounding areas. She urged the Commission to adopt Palm Beach County Code regulations. (She submitted a copy for the record and it is attached to the original set of these minutes on file in the City Clerk's Office.) 13 MEETZNG MZNUTES REGULAR C~'TY COMMTSS'rON BOYNTON BEACH, FLORIDA MARCH 21, 2000 Andrew O'Brien, 4:1.0 NE 3'd Street, submitted an open letter to the Commission from a group of business owners in the area with respect to the crime problem being experienced. Since December, 1999, there has been a significant increase in crime. A report included in the packet indicates that there were over 60 crimes reported in the area since the beginning of the year. Sixteen owners met with the City Manager and Police Chief. The memo provided by the City Manager lists action items, but the owners consider them planning items. The problem is not Short staffing on the part of the Police Department because the Police Chief indicated that even if he had additional staff and more money, he would not do anything differently. The owners want increased Police patrol in the area. They would like one car on patrol from sundown to sun up for the next 90 days to try to control the situation. The issue could be revisited after that trial period. Ed Keppick, 609 North Railroad (Great American Printing Coml~anvl, thanked the Commission for allowing him to operate his business in Boynton Beach. He sometimes runs hours of operation 24-hours per day and he is concerned for the safety of his personnel and customers who patronize his business in the evening. He said he can feel the presence of crime in the area. He is anxious for this area to grow, but does not believe new businesses will come into the area if there is a fear of crime. He urged the Commission to work with the business owners to find a solution. David Taylor. 505 North Railroad Avenue, is afraid to go into his business, He has been at this location for 18 years and has experienced car, truck and boat robberies as well as break- ins. He urged the Commission to help the business owners. Scott McClary, Dive Shop Z], 700 Casa Loma Boulevard, said he is the unofficial representative of 11 small businesses in the marina area. He pointed out that access during construction is an issue. Consideration was supposed to be given to access to the businesses across the street from Water's Edge. He urged the Commissioners not to lose sight of these 11 businesses on Casa Loma Boulevard. .lames Miriana, 728 NE 8th Avenue, said traffic in the City was horrendous during G.A.L.A. and on Election Day there was a tremendous amount of confusion at the voting polls at the Civic Center. Tt was bad planning to tie up the traffic on a major artery. He reminded the Commissioners that we have Tntracoastal Park that could be used for events such as G.A.L.A. Milford Sheldon, 2539 SW 12th Street, said his 18-year old son was involved in a car accident recently and his car had to be towed. His son said the Police Officer recommended a particular tow company. The car was taken away to the impound lot. When his son went to claim the vehicle, he determined that $300 worth of personal merchandise was missing. Mr. Sheldon said he learned that if one of the people involved in the accident requests a tow, the Officer does not have to fill out an itemized list of what was in the vehicle. By not filling out the report, it provided a green light for someone to steal. The towing company insists that their employees do not steal. Mr. Sheldon said this impound lot is in the same area where all of the crime is taking place. Herb Suss congratulated the new Commissioners and urged them to start moving quickly on the 10-acre park and the downtown. He cited the Golf Course as one of the greatest gems in 14 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOR2DA MARCH 21, 2000 the Cityi He thanked Mayor Pro Tem Sherman for opening permits for residents. Mr. Suss commended Mr. Hawkins and said the citizens have not forgotten what he has done for this City. He urged everyone to stay tuned to the Wilfred Hawkins situation, Mr. Suss also complimented the Senior Center, Maria Seiler, 204 Seacrest Circle, Delray Beach, feels Boynton's downtown marina district needs a theme and a focal point. She envisions a fishing area that could duplicate Key West. She suggested building a mini-Key West fishing plaza. She suggested bringing in businesses that are typical to the Key West area, This would bring the community to life. Ms. Seiler said she has spoken to restaurant owners in Delray Beach who would be willing to put restaurants in this community, She recommended calling it"Parrothead Plaza". Lee Wische, 1302 SW 18th Street, said that everyone knows the second Tuesday in March is Election Day in the City of Boynton Beach. People should be able to vote with nothing to impede that process. He said he was amazed to find on the night before Election Day that the parking lot was filled with rides. On Election Day, voters were parking east of Scully's. Some people thought there was no place to vote because everything was roped off. He was told that one of the election officials was parked in front of the sign that says, "Vote Here". Mr. Wische said he was also told that there were several incidents that were reported to the Supervisor of Election, Theresa LePore. He questioned why this City allowed all of the rides to be stored in the parking lot of the Civic Center on the night before the election. He commented that there is something wrong with the people who organized the G.A.L.A. and those people should be taken to task. Brian Edwards, 629 NE 9th Avenue, congratulated Commissioners Black and Fisher on their election to the City Commission. He looks forward to working with both of them. Mr. Edwards said a recent newspaper article pertaining to adult entertainment encouraged him. He is pleased that staff and the Commission are planning to strengthen adult entertainment Ordinances. Mr. Edwards said that while he is not attempting to eliminate these businesses entirely from this City, he would like to put some distance between them and residential areas. Steve Waldman, 41 Sausalito Drive, publicly thanked the following staff that worked on Black Awareness Celebration activities: Meg Hooper Carolyn Sims Rolle Jenkins Mary DeGraffenreidit Madeline Tucker Melody Green Sean Williams Debbie Majors Charlie Crawford Frank Treland Linda McKinney Fontaine Watkins Vicki Rogerson Kay Welsh Wally Majors Eric Guidry Joe Evans Cynthia Wilson Ginny Shea Melissa Horn A, D, Henehan Motion Vice Mayor Weiland moved to take a lO-minute recess. Commissioner Black seconded the motion that carried unanimously. The meeting recessed at 8:20 p.m. 15 MEETZNG MTNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH~ FLORIDA MARCH 21, 2000 TH£ MEb'~NG R~CONV£N~D A ~' 8;40 P.~ MA YOR BROWNING ANNOUNCED THA Y MAYOR PRO T~M ~H~RMAN ~A~ ~ AND ~O~O NOT B~ ~R~S~NT ~OR TH~ R~MA~ND~R O~ TH~ M~N~ VII. PUBLIC HEARING: All Public Hearing for a Development Order Amendment and Zoning Code Text Change for Quantum Park at Boynton Beach Attorney Cherof reminded the Commissioners that this item came before the Commission on two occasions and it is back as a conservative maneuver on a narrow notice issue that relates to Ordinance No. O00-03. This public hearing is the consideration of two Ordinances that are on the agenda for final reading. There was no requirement for an additional reading of Ordinance 000-02. Attorney Cherof advised that it would not be necessary for the applicant or staff to make another presentation. However, the public should be given an opportunity to speak on either or both of the issues. Attorney Cherof said he would read Ordinance 000-03 and at the end of the public hearing, the Commission should vote on the Ordinance. Proposed Ordinance No. 000-02 Re: Providing for determination whether changes to the comprehensive development of regional impact constitutes a substantial deviation under 380.06 F.S. and whether further development of regional impact review is necessary, amending the development order for Quantum Park Ordinance No. 000-02 was not read. Proposed Ordinance No O00-03 Re: Amending land development regulations, uses permitted to allow recreational and attractions as defined for the industrial land use classification, multi-family residential and mixed use residential/commercial uses in PIDs. totaling a minimum of 500 acres, by amending Uses Prohibited to exclude multi-family from prohibited uses. Attorney Cherof read Proposed Ordinance No. O00-03 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ITEM. Motion Vice Mayor Weiland moved to approve Item VII-A. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 16 MEETING MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLOI~DA MARCH 21, 2000 Motion Vice Mayor Weiland moved to approve final reading of Ordinance No. 000-03. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Discuss Community Redevelopment Agency membership and direct staff to develop membership criteria Commissioner Black said he raised this issue because there hasn't been a great deal of movement in the CRA. However, there was discussion in the past about adding two members to this board. Commissioner Black does not feel he has the expertise that is needed to make the decisions in this area. When the previous Commission discussed the issue, parameters were developed for the credentials of the new members. Commissioner Black would like Quintus Greene to use those parameters and form his own committee. He would like to see a completely independent CRA in the near future. Commissioner Black feels Commission members could volunteer to sit on an independent board. Commissioner Black requested that the Commission direct staff and Mr. Greene to come back with recommendations on how to move forward. Vice Mayor Weiland reminded the Commissioners that parameters were established and applications were accepted from people who are interested in being appointed to this board. Vice Mayor Weiland would like a briefing on the term that the members would serve. He would like staff to provide a recommendation of who these new members should be and the public could submit applications. Vice Mayor Weiland would like to see "new players" submit applications. He recommended publishing an ad letting the public know what the City is looking for and the Commission should review any applications that are received. Commissioner Fisher would like Mr. Greene to have an opportunity to present the Commission with information on what he has seen in the past with respect to what has and has not worked in this City prior to making a decision on this item. Commissioner Fisher is looking forward to expanding the membership of the CRA because the Commissioners are not duly qualified to be the sole and final answer to everything. Mayor Broening stated that the Commission relies on staff and public input to assist in getting information and to form opinions. He agreed with the Commissioners that the time was right to add two members to the CRA. He said he dragged his feet last year because we lacked CRA 17 MEETZNG MTNUTES REGULAR Cl-rY COMMZSSTON BOYNTON BEACH, FLOI~DA MARCH 21, 2000 Director input. The CRA and staff have matured. Mayor Broening is gratified to see that the expansion of the CRA is beginning to show results. Tax Incremental Funding ('I-~F) is beginning to show and Mayor Broening is confident that will be a steady steepening curve. The CRA has lacked a specific plan for specific properties and uses. Mayor Broening would like to be able to let Mr. Greene be the arbitrator of the profile, but he would like to see and have the right to ratify Mr. Greene's selections. There was a consensus of the Commission to provide direction to staff to move forward as requested by the Commission. When the question arose regarding who would make the appointments to the CRA, Attorney Cherof advised that Mr. Greene would provide a recommendation since the power of appointment is vested in the Commission. Quintus Greene, Director of Development, thanked the Commission for the confidence they expressed in him. He said he would bring forward a recommendation with respect to qualifications and criteria and he would share his experiences with the Commission. Mayor Broening recommended that Mr. Greene provide the Commission with a short list that is ranked. Attorney Cherof advised that the first step would be to amend the Code provision that deals with the board to include two additional members and the procedure for doing that. Once that Ordinance is passed, the next step would be the recommendation and appointment of the two individuals. Attorney Cherof will bring back the drat~. XT. LEGAL: A. Ordinances -- 2nd Reading - PUBLZC HEARING Proposed Ordinance No. O00-04 Re: Amending Sections 8.A.5.a(5) and 8.A.4,e of the M-1 zoning district to allow as conditional uses the cutting of sub-primal portions of meat (Berry Veal) Attorney Cherof read Proposed Ordinance No. 000-04 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-04, amending Sections 8.A.5.a(5) and 8.A.4.e of the M-1 zoning district to allow as conditional uses the cutting of sub- primal portions of meat. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 18 MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORIDA MARCH 21, 2000 2. Proposed Ordinance No. O00-05 Re: Abandonment of three (3) segments of street rights-of-way for Wal-Mart Attorney Cherof read Proposed Ordinance No. 000-05 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. 000-05 abandoning three segments of street rights-of-way for Wal-Mart. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. 000-06 Re: Abandonment of two (2) segments of special purpose easement rights-of-way for Wal-Mart Attorney Cherof read Proposed Ordinance No. 000-06 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. 000-06 for the abandonment of two segments of special purpose easement rights-of-way for Wal-Mart. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 4. Proposed Ordinance No, 000-07 Re: Abandonment of street rights-of-way for BAPS Temple Attorney Cherof read Proposed Ordinance No. 000-07 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-07 for the abandonment of street rights-of-way for BAPS Temple. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 19 MEETTNG MINUTES REGULAR CTTY COMMISSION BOYNTON BEACH, FLORIDA MARCH 21, 2000 B. Ordinances- Ist Reading Attorney Cherof read Proposed Ordinance No. O00-08 Re: Amending Chapter 9, Article TV, Sec:ion 9-51 of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Tnterloc ~1 Agreement ~roposed Ordinance No. 000-08 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-08 amending Chapter 9, Article IV, Section 9-51 of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Interlocal Agreement. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. O00-09 Re: Amending Chapter 20, Entitled "Building, Housing, and Construction Regulations," Article T entitled "In General," Section 4 entitled "Fees'; to provide that the levy and collection of the :Interim Services Fee is suspended effective June 14, 1999, until such suspension is repealed by the City Commission by adoption of an Ordinance Attorney Cherof read Proposed Ordinance No. 000-09 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-09 amending Chapter 20, Entitled "Building, Housing and Construction Regulations'; Article I entitled "In General'; Section 4 entitled "Fees'; to provide that the levy and collection of the Tnterim Services Fee is suspended effective June 14, 1999, until such suspension is repealed by the City Commission by adoption of an Ordinance. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. O00-10 Re: Amending Chapter 2, entitled "Administration'; Article V entitled "Code Compliance Board" providing for compliance with amendments of the Florida Legislature Attorney Cherof read Proposed Ordinance No. O00-10 by title only. Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-10 amending Chapter 2 entitled "Administration", Article V entitled "Code Compliance Board" providing for compliance 20 MEETZNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLOR/DA MARCH 21, 2000 with amendments of the Florida Legislature. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. C, Resolutions: 1. Proposed Resolution No. R00-41 Re: Amending our Interlocal Agreement with Palm Beach County for Boat Club Park improvements and Tntracoastal Waterway Park improvements Motion Vice Mayor Weiland moved to approve Proposed Resolution No. R00-41 amending our Interlocal Agreement with Palm Beach County for Boat Club Park improvements and Intracoastal Waterway Park improvements. Commissioner Black seconded the motion that carried unanimously. D. Other: 1. Ratification of Code Compliance Board action: am Reduce the fine in Code Compliance Case #97-4235 (554 NW 11th Ave.) to the administrative costs of $634.12. The total fine before reduction was $32,450 plus the aforementioned administrative costs. The motion to reduce the fine was unanimously approved. Motion Vice Mayor Weiland moved to approve Code Compliance Case #97-4235. Commissioner Black seconded the motion that carried 4-0. Rescind the fine in Code Compliance Case #99-1314 (8562 Lawrence Road). The total fine before reduction was $2,300 plus $634.12 in administrative costs. The motion to rescind the fine was unanimously approved. Motion Commissioner Fisher moved to approve Case #99-1314 at 8562 Lawrence Road. Commissioner Black seconded the motion that carried 4-0. Reduce the fine in Code Compliance Case #96-5768 (3020/3040 SE 2nd Street (duplex) to $1,000 plus $826.18 in administrative costs. The total fine before reduction was $264,750 plus the aforementioned administrative costs. The motion to reduce the fine was approved by a 5-1 vote. 21 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MARCH 21, 2000 Commissioner Fisher realized that this case dates back a number of years and it involved basic housekeeping. This is a case involving basic maintenance. Commissioner Fisher expressed his opinion that this is where the Commission needs to put "some teeth" in the fines. He does not expect to collect $264,000 because there are extenuating circumstances. However, he feels the Commission should require payment of $5,000. Susan Delegal, I East Broward Boulevard, Fort Lauderdale, is an attorney representing Crossland Mortgage Company, the mortgagee on this property. She advised that Crossland Mortgage Company took back the mortgage on this property in 1995. The lien was recorded in .luly of 1997. The liens accrued from March of 1997. The mortgagors defaulted on the mortgage in 1997 and during the course of the next two years, Crossland was in foreclosure proceedings with the property owner. There was a bankruptcy filed and there were various motions. Tt took several years to accomplish the foreclosure. When the title report was done to determine which defendants should be named in the suit and which liens were junior to that of Crossland Mortgage Company, the City's lien was not picked up and the City was named as a party in the foreclosure action by the State. Accordingly, the lien was not extinguished by the foreclosure judgment. The mortgage company foreclosed on the mortgage in 1999 and on November 19, 1999, a Certificate of Title was issued to a client. There were tenants that had to be evicted and as soon as Crossland Mortgage Company got possession of the property, they began the normal maintenance of the property. They learned about the liens on the property and worked with the City. On January 8th, a number of actions were completed to bring the property into compliance. A Certificate of Compliance was issued in January 2000. The lien was reduced to $1,000 because the cost of reforeclosing this mortgage would be approximately $1,000. The mortgage company determined they would rather pay that $1,000 to the City. They want to be a good citizen and intend to market the property. Commissioner Fisher questioned whether the people who purchased the property and cleaned it up are in foreclosure. Ms. Delegal said the purchaser is the Mortgage Company. Mr. Blasie confirmed for Mayor Broening that the property is now in compliance. Motion Commissioner Black moved to approve Case #96-5768 (3020/3040 SE 2nd Street (duplex) to $1,000 plus $826.18 in administrative costs. Vice Mayor Weiland seconded the motion that carried 3-1. (Commissioner Fisher dissented.) Reduce the fine in Code Compliance Case #97-4349 (515 NE 20th Avenue) to the administrative costs of $634.12. The total fine before reduction was $4,400 plus the aforementioned administrative costs. The motion to reduce the fine was approved by a 5-1 vote. 22 MEET/NG MINUTES REGULAR CTTY COMMTSSION BOYNTON BEACH, FLORIDA MARCH 21, 2000 Motion Commissioner Black moved to approve Case #97-4349 (515 NE 20th Avenue) to the administrative costs of $634.12. Vice Mayor Weiland seconded the motion that carried 4-0. Recreation impact fee for the Manatee Bay development in the amount of $229,86S aw Appeal of administrative decision Establishment of fee 3ohn Wildner, Parks Director, reported that the Planning & Zoning Division determined that the recreation impact fee for the Manatee Bay project should be $229,865. Olen Residential Corporation originally proposed that the fee should be $148,950. The difference between the two amounts is based on the interpretation of developable land as discussed in an Engineering Division letter dated March 8, 1999. The value of six acres of submerged land becomes pivotal. The developer was originally requested to provide a separate appraisal for only the submerged lands. They decided not to submit that appraisal. Tnstead, they submitted an appraisal for the entire site of property including the submerged lands. They revised their estimate of what the impact fee should be to $159,621. The difference between the recommended fee by staff and the developer's proposal is $70,244. To date, this dilemma has resulted in non-collection of the fee. Olen Residential Corporation requested that this item be brought before the Commission for discussion. David Norris, Attorney for Olen Residential Realty Corporation, congratulated the two new Commissioners and wished them luck. Mr. Norris agreed that this dispute is over the park fee and it involves the method of calculation and how the submerged land is treated in the calculation. Olen Residential bought the entire property for a certain price. That price included submerged land and the upland. The value that was placed on it was for the total land. Olen's position is that the submerged land has considerable value because it has development rights attributed to it. For that reason, the value is the same for the submerged land and uplands. With regard to the calculation of the park fee, Mr. Norris said the easiest way to look at it is to look at the two parts that it is comprised of. One part is the calculation of the per acre price or value. That figure depends on the number of acres that are used in the calculation. The second part involves the maximum number of developable units on the property. Tn dealing with this issue, the City has treated the submerged lands differently on each side of the calculation with regard to the per acre price. The City eliminated the submerged property from the calculation saying it is valueless. That results in a higher per-acre value. However, when you go to the other side of the calculation to arrive at the number of developable units, they include the submerged units. Therefore, on one side they ignore the submerged and on the other side, they use the submerged. Mr. Norris feels this is an unreasonable and indefensible position. There must be consistency in the application of the formula. 23 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOR/DA MARCH 21, 2000 It is the applicant's position that the submerged land has real value, but even if it didn't, the City must be consistent dealing with it on both sides of the calculation. The applicant feels this land should be included throughout the calculation. Therefore, it was included as part of the acreage in determining the per-acre value and it is included in determining the number of developable units. That is how the applicant determined the park fee. Mr. Norris felt that if the Commission agreed with staff to eliminate the submerged land from the calculation, then the applicant recommended that it be eliminated on both sides of the calculation. The resulting figure would benefit the applicant. Tn response to Vice Mayor Weiland, Mr. Wildner said he would defer to the Department of Development regarding zoning issues and the number of units that could be placed on the land. Tt is his understanding that the zoning allowed the applicant additional units based on the submerged land. However, building was done on only the developable land and resulted in the amount of profit that could be realized from each unit. Mr. Rumpf said there aren't a lot of guidelines to follow in this case. Therefore, logic was applied. The applicant was not penalized for the submerged land in calculating their density. The collected fees go back into the resource system to service the area. Tt could be used for land acquisition and the fee is based upon the value of that property because the law requires those resources to be reinvested back into the area to serve that area. :If we were to use a dollar amount to acquire land for recreation purposes, we would not acquire submerged lands. Steve Shaw, Real Estate Appraiser, explained that if the submerged lands were not given any density requirements, then there would be no value. Because they were given an additional 60 units, there is additional value attributable to that land since it increased density to the entire site. The park requirement equates to 1.35 acres of land that would need to be purchased. The amount calculated would be sufficient to purchase an equivalent piece of property at 1.35 acres at the density of 10.8 units per acre. What staff has done is attribute a density of over 16 units per acre to that 1.35 acres. Generally, a parcel with a higher density would sell for more per acre. The park fee has been assessed at 16 units per acre versus the actual figure of 10.8 units per acre. That inflated the park fee beyond its value. Mr. Norris said there is real value to the submerged lands that can't be ignored. Furthermore, in dealing with submerged land, the City must be consistent on both sides of the calculation. Mayor Broening asked if the applicant had any plan to use the submerged lands for recreation purposes. He explained that such a plan would mitigate some of the requirements. Mark Hansen, Olen Residential Company, said that prior to the purchase of this properly, discussion took place with Carrie Parker. When the density was assigned to the submerged land, it included a higher number of units. Therefore, the property was purchased on a per-unit basis. The City assigned a value to the land by establishing that density can't be put on submerged lands. With respect to recreational lands, Olen worked closely with Via Lago on the things that they have planned for the area. The water is very clear in this area and it is used for water skiing 24 MEET]:NG M]:NUTES REGULAR CTTY COMM?SS:ZON BOYNTON BEACH, FLOR.I:DA MARCH 21~, 2000 and snorkeling. Olen spent $250,000 for rehabilitation of the existing dock that is shared by Via Lago. Mr. Hawkins asked Mr. Hansen if the submerged lands could have been filled in and built on. Mr. Hansen responded affirmatively and explained that the bulkhead line is 300' out into the water. However, this is a natural amenity. Mr. Rumpf referred to previous discussion wherein it was stated that submerged lands are assumed to have value. He said staff recognized that value by not penalizing the project in the density calculation. Mr, Rumpf restated the following points that were contained in a letter dated September 29, 1999 to Mr. Hansen: "The number of units has increased the impact to the City because the 180 units are being built on the uplands creating a density of 16.36 units per acre rather than the allowable 10.8 units per acre for this zoning. The submerged land is of relative little value except for the dock out into the Intracoastal Waterway and cannot be valued at the same acre price as the buildable uplands. Upon reviewing the first phase of the abutting Via Lago development, there was no credit given for additional units for the 3.6 acres of submerged lands. Theoretically, the impact fee is to be used to increase recreation resources within the vicinity from which the fees are collected, which could include land acquisition. A fee collected, based in part on submerged lands, may be insufficient to acquire equivalent land on which a park could be developed." Mr. Hansen said the City established a density for the submerged land and resulted in the establishment of value. :If that density had not been established, the purchase price of the land would have been less. The purchase price was based on the number of units that would be achieved. Mr, Hansen said Hypoluxo does not put a density value on submerged lands. Mayor Broening said it is difficult for him to not see developable value in submerged lands and he has trouble not assigning a value to waterfront property. He pointed out that this discrepancy is over $70,000 for a piece of land that has value. The City considers the submerged acreage as part of the value of the land. Mr. Norris shared Mayor Broening's confusion about this issue. He pointed out that the applicant agrees that there is substantial value in submerged property. It is usable property if it could be filled in. The applicant has no intention of doing that and believes it is a benefit not to do that. However, the applicant is being penalized by not filling it in and there is no justification in the Code. There is value to this land and it should be treated the same way throughout the calculation. Staff is not treating it the same way and there is no justification or rationale for those actions. Mr. Norris requested that this property be treated the same way throughout the calculation and that would satisfy the applicant. 25 MEETING MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLOR/DA MARCH 21, 2000 Mr. Rumpf said that if there was equivalent value, this property would have been appraised in that way. The appraiser indicated that it is not appraised in an equivalent manner. Mr. Hansen said he paid more than $600,000 more for the land because of the extra density and for that reason, the park fee is higher. :If the 60 units were removed, he would have paid $600,000 less for the land. Vice Mayor Weiland said he looks forward to working with Olen in Quantum Park and he proposed that we look at the figure as being $40,000 in an effort to put an end to this argument. He recommended that the applicant pay one-half of the amount in question. The applicant was willing to bring this proposal back to Olen for consideration as a compromise Motion Vice Mayor Weiland moved to approve an agreement between the City and Olen to compromise on a figure of 50% between $229,865 and $148,950. Commissioner Black seconded the motion that carried 4-0. 3. Ordinances - 3rd and Final Reading: Proposed Ordinance No, O00-O2 Re: Providing for determination whether changes to the comprehensive development of regional impact constitutes a substantial deviation under 380.06 F.S. and whether further development of regional impact review is necessary, amending the development order for Quantum Park Ttem XI-D.3.a was addressed earlier in the meeting under Public Hearing. Proposed Ordinance No 000-03 Re: Amending land development regulations, uses permitted to allow recreational and attractions as defined for the industrial land use classification, multi-family residential and mixed use residential/commercial uses in PIDs. totaling a minimum of 500 acres, by amending Uses Prohibited to exclude multi-family from prohibited uses. :Item X:[-D.3.b was addressed earlier in the meeting under Public Hearing. Request and Announce a Closed Door Session regarding Pending Litigation Attorney Cherof reported that the Commission had previously met in a closed-door session with respect to the Graham lawsuits. Negotiations for settlement have been conducted. At the next Commission meeting, a Resolution to authorize the settlement will come before the 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLOI~DA MARCH 21, 2000 Commission. However, Attorney Cherof recommended that a closed-door Executive Session be conducted at the next meeting to continue previous discussions before the agenda item is addressed.. Vice Mayor Weiland requested that the Commission conduct this Executive Session immediately prior to addressing the Resolution for settlement. Attorney Cherof said he would announce to the public that a closed-door session would be held to discuss pending litigation between the City and a previous employee named Graham and others who were then members of the Police Department. Attending that meeting would be members of the City Commission, the City Manager, Special Counsel to the City Mike Burke and Attorney Cherof. X~I. UNFIN:~SHED BUS:~NESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round Z:[! Core Grant Program Motion Vice Mayor Weiland moved to remove from the table under Unfinished Business Ttem A, Review and Consideration of the pre-application received for submittal to Palm Beach County, Department of Economic Development under the Round TTT Core Grant Program. Commissioner Black seconded the motion that carried 4-0. Mr. Hawkins referred to a memorandum in the back-up material that outlined the fact that when the Commission last addressed this issue, one of the things the applicant was asked to do was to come up with language or a position that would allow businesses in the plaza that would not be objectionable to the City. To date, the City and Investments Ltd. have not been able to come to agreement on the types of businesses that should be permitted in the center. A business has opened in the plaza that the City is concerned about. Therefore, staff recommends that the Commission deny this grant since we have no obligation to give this money. Vice Mayor Weiland said that regardless of whether this business has agreed or not agreed to work with the City on who they accept as tenants, he questioned their eligibility for this grant. At the last meeting, they stated that they would be creating three positions that include two full-time maintenance workers and a full-time on-site manager. He cannot believe this small plaza would create these positions on a full-time basis. Commissioner Black agreed with Vice Mayor Weiland's remarks. When the applicant came forward and was asked questions by staff about providing the jobs, the impression he got was the applicant would say whatever was necessary in order to meet the requirements. When pressed, the applicant indicated he would put in more of the same types of businesses that previously existed. Based on his desire to bring in those types of businesses and really be able to provide three legitimate jobs, he believes the request should be denied. 27 MEETZNG MTNUTES REGULAR C?TY COMMZSSTON BOYNTON BEACH, FLOI~DA MARCH 21~ 2000 Mayor Broening said he lives within "gunshot range" of this plaza and it is hard to believe that a profit is being made when you look at the businesses that are on month-to-month leases. Tt is hard to understand how that economic situation could afford three full-time positions. Motion Commissioner Black moved to 'deny item XTT-A, Review and Consideration of the pre- application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TTT Core Grant Program. Vice Mayor Weiland seconded the motion that carried 4-0. B, Discussion on Ocean Ridge Response to Land Sale and Purchase THE FOZLOWXNG IS A VERBAT~I~ TRANSCRIPT THAT WAS PREPARED AT THE REQUEST OF ACTING CXTY MANAGER WILFRED HAWKINS. Attorney Cherof: The back up contains the action by the Town of Ocean Ridge to initiate a statutory mediation process. That is the first step of an eminent domain proceeding under Florida law. Tf Ocean Ridge intends to acquire the land that the City of Boynton Beach owns over there by eminent domain, they must follow this process and they did that. They provided a cover letter elaborating on their reasons for doing that. Because that is a statutory process, the City of Boynton Beach must participate in it. [ am suggesting that because Wilfred Hawkins participated in the negotiations for that property, that he and ! initially engage the representatives of the Town of Ocean Ridge in that process and report back to you and get specific direction when we understand what their proposal is and what they have on the table. T am not asking for authorization to put any number on the table. T am asking to go and find out what their interest is. Mayor Broening: Fact-finding. Attorney Cherof: Yes sir. Mayor Broening: Any comment, questions from the... Vice Mayor Weiland: T do have comments, but do you want to let the public speak on this topic first? Mayor Broening: ! will let the public speak first and then we can come back, unless you want to go first. Commission Weiland: !'11 go last. Mayor Broening: ! see Dee Zibelli wishes to speak on this issue. Ts she still here? No. Maurice Rosenstock: Yes, T do. First of all ! want to congratulate the two new Commissioners and ! wish them well, but in addition ! would like to congratulate all those who ran for office. Tt takes something a little extra to be able to stand up to the public and have the public vote on your candidacy. Win or lose, ! still admire those people that put their names up for office. ! know what it is like. ! 28 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA MARCH 21, 2000 participated myself many years ago and ! congratulate all the candidates and ! wish them all well. There are always some losers and some winners and there are no silver medals. The reason T am here tonight at this late hour is that T spoke to this Commission before regarding the Ocean Ridge properties and the sale thereof by the City. First of all ! am glad to hear the comments that the Attorney made regarding Mr. Hawkins because in the conversation after my little notes that ! gave to the Commission, T mentioned to him that I thought his conversation that he thought was strictly informational, did constitute negotiations and T certainly caution the Commission that if they intend to proceed in any way, that they do a couple of things that are important. One, that for whatever the value of that land is south of our area on the beach that we ask for that 50'. T believe it is 50'. Tt may be valueless at the present time, but nobody knows what is going to happen tomorrow or what's going to happen south of that piece of land and we want to acquire it or whatever the case may be. We are going to try to get whatever we can get. Number two, there is such a thing as revising our negotiations to the extent where we say to the City of Ocean Ridge, if we are going to sell or even if they try to take it by condemnation, T firmly believe that the City has the right to say very specifically that the deed that will eventually go to them, if that takes place, is that there is a reversion clause in that deed. Tf that is ever used for any purpose that it immediately revert back to the City of Boynton Beach without any problem of a law suit, arbitration, mediation or anything else. ]:f they want it for a purpose and they condemn it, or take it by eminent domain, that they must use it for that purpose in perpetuity and if it ever changes hands in any way, it goes back to the City of Boynton Beach. However, if there is any way that we could avoid that sale my position is that we keep the land for ourselves. Tt is useless to have negotiated in that lease that we can use the land at 14 minutes after 2:00 a.m. for some party that somebody may have, or whatever. We need that land during the daytime and that is when they need it. Now, a previous Commission negotiated with them and rejected, T believe, unanimously the sale of that land because they were told by a former mayor if you need more space for your City Hall, go up a second story and that could be done architecturally very easily. T don't think that land ought to be sold to them, but if them is an eminent domain case that we ought to fight it and T think the citizens would be behind this Commission if they did that. Not to just cave in and let them have it. T think the appraisal of the land was wrong. T think the value is much more than was appraised at that time. [ don't think the land ought to be let go without a fight. Tt is our land, and it's hard to come by and I don't think any Commission should be giving it away. Thank you very much. Mayor Broening: Mr. Wische Lee Wische, 1302 SW 18th Street, Boynton Beach. T concur with Mr. Rosenstock that we shouldn't sell it at whatever you negotiated for, but [ am going to question the negotiation. Legally, T don't think the contract is binding, but of course the attorney can tell me whether T am right or wrong. There never was any publication of this event coming up since it was a meeting of two cities to negotiate a property or land. There never was a public hearing so, based on those two thoughts, T don't think it was binding at all what was done. That's all ]: have to say. Mayor Broening: Thank you Mr. Wische. Any other comments from any member of the Commission on the subject? 29 MEETZNG M'rNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOR.~DA MARCH 21, 2000 Vice Mayor Weiland: T have done a lot of thinking on this two pieces of property in Ocean Ridge and although the public audience may not have a knack of what Ocean Ridge would like to do, the Commission does. T would be willing to share it with you all. There are two parcels of land, which everybody knows. Does Ocean Ridge have the right or need to remodel their Town Hall. T believe, yes, they do both. They have the need and they have the right. On this map on this set of plans here, they do plan on going second story. T feel, this is totally my opinion, that we should sell them parcel No. 2, which is the piece to the south side of their Town Hall and that we should keep parcel No 1. One of the reasons being, they do have the right and need to redevelop their Town Hall. Do T think that they can get this by eminent domain, ! really don't think they can. They have shown us one set of plans that they want to do to remodel their Town Hall. There are a lot of different variations and possibilities that they could do to redevelop and remodel over there. TS a court going to give them both pieces of land, because they say we need both pieces of land to redo our Town Hall? The set of plans shows what they want to do and on Parcel No. 1, being the north parcel, all that it shows is a rock parking area. And, on that parcel of land this rock parking area, probably isn't 25% of the property. T feel that we sell them the south parcel, keep the north parcel for Boynton Beach. Tf they need additional parking area, we can let them park over there with our Tnterlocal Agreement with them. There are a lot of different scenarios. We can lease them parking space. Like T said, there are different possibilities. T would like to direct the Manager and City Attorney with my ideas that we sell them the south parcel and keep the north parcel for ourselves. Develop this north parcel as a parking lot for the City of Boynton, a paved parking lot, not a rock parking lot. We are going to encounter annexation down the road. Do we need this right now? Probably not, 90% of the year. Tn some cases we do. T am going to guess that in less than five years we are going to have annexation and when we don't have their piece of property over there to provide more parking, what is our answer? T am sorry, we don't have an answer. The property is gone and there is nothing we can do for additional parking. The parcel on the north side of the property will belong to Boynton Beach. People will have additional parking for the future needs. And something else T would like to tie into is that Ocean Ridge well knows when the bridge is completed, as in the past, on busy days for the Beach, there is parking up and down both sides of Ocean Avenue, from the bridge to AIA. This is controlled. This area is DOT right of way and people have the right to park there. Ocean Ridge can't stop them. Boynton Beach can't stop them. Tf we can work with DOT to eliminate the parking on this section of Ocean Avenue, which is a possibility, T would certainly think that Ocean Ridge would be happy to get these cars off Ocean Avenue, and the cars themselves and the pedestrian traffic from these cars parking there that it generates. Tt will provide a little more security for the homeowners along Ocean Avenue and they wouldn't have these cars parking in front of their houses at all hours of the day. There is a possibility this other parking lot on the north side of their Town Hall could be incorporated somehow to accommodate these cars. T know these cars park there mainly because they don't have a beach sticker and they don't want to pay the $5 or $10 bucks to park in the beach parking lot, but there are areas we can look into. That perhaps we could take these cars off Ocean Avenue and put them in the parking lot on the north side of their Town Hall and the parking lot still belongs to Boynton Beach. Mayor Broening: ! think we have sufficient guidance here to move ahead. Commissioner Fisher: T would like to make an additional comment if T may. T agree with Mr. Weiland's assessment of keeping the property there, but T would also like the idea of metering it. T know if ! go to the beach and T don't want to pay the $5.00 to be there all day, ]: wouldn't mind putting four 3O MEETZNG MTNUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH,, FLOR2DA MARCH 2:!.~, 2000 quarters or $1.50 in there for the infrequent time that T might go. Tf you are not going to let them park for free, why can't you make $1.50 each day on that. We keep the property and make money at it. Tt is just another idea. Vice Mayor Weiland: That is what T said, there are different scenarios that we can go to get the cars off Ocean Avenue and use that parking lot. Mayor Broening: T think we have consensus here on the Commission that we enlist the City Attorney and the City Manager, the acting City Manager, to enter into fact finding with the Town of Ocean Ridge and I am really finding that my colleague to my right is really getting good at that baby splitting and T congratulate him on his analysis. Mr. Hawkins: Mayor, just some final comments. We will publicly notice whenever we do meet with the Town of Ocean Ridge regarding this issue. As a point of clarification, T can't recall any conversations that T had on the subject matter with the village administration indicating that it was any sort of negotiations. [ just wanted to make that point of clarification. Mayor Broening: Thank you. XIII. OTHER: None XI'V. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:05 p.m. A'I-FEST: our ty City Clerk Tapes) CITY OF BOYNTON BEACH Vice Mayor Mayo~ C~sioner 31 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 'PROJECT NAME: Poly Plastic Packaging, Inc. APPLICANT'S AGENT: Robert Fetrow, Gator Engineering APPLICANT'S ADDRESS: 510 East Industrial Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 510 East Industrial Avenue in Boynton Industrial Park DRAWING(S): SEE EXHIBIT "B'~ ATTACHED HERETO. x THIS MA'I-I'ER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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\SHAREDWVP\PROJECTStPOLY PLASTIC PACKAGING~oly plastic D,O.doc EXHIBIT "C" Conditions of Approval Project name: POLY PLASTIC PACKAGING File number: MsPM 00-002 Reference: 2nd Review, Maior site plan modification. File # MSPM 00-002 with a February 22, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. Utilities Department will not require surety for installation of the water and X sewer utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 2. The waste stream from all manufacturing processes must meet the City's X pretreatment requirements. A sampling point must be provided to allow monitoring of such a waste stream. (Sec. 26-143, 26-147) FIRE Comments: 3. Prior to signing offofa rectified plan, a fire flow test is required. LDR 6-16 X 4. Entry gates must have approval for type and operation from Fire Marshal X prior to installation. BBCC 9-15 POLICE Comments: NONE ENGINEERING DIVISION 5. Show a five-foot sidewalk along E. Industrial Avenue within the limits of X the site with a six-inch thick section through the driveways. [LDR Chapter 23, Article II.P.] or obtain sidewalk waiver. 6. Drainage calculations showing length provided of 307 ft. is not correct. X BUILDING DIVISION 7. As the design professional-of record- for the project state, within the site X data, that the proposed elevation is the above the highest 100-year base Page 2 Poly Plastic Packaging File No.: MSPM 00-002 DEPARTMENTS INCLUDE REJECT flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations. [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] 8. At the time of permit review provide detailed drawings and documentation X on the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrance is in compliance with the regulations of the Florida Accessibility Code for Building Construction. 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 including, where,applicable, landings, ramps, and handrails. 9. At the time of permit review specify, in tabular form, on the site plan and/or X floor plan the proposed use of the facility, type of construction and occupancy classification of all portions of the building. The building area, occupancy and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. 10. Permit fees, water, and seWer facility fees, Fire and Life Safety fees, County X fees/tnd State fees will be determined at the time of permit review. 11. Permits are required to construct the improvements that.are shown on the X approved site plan. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. A list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS PuND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 12. Clarify what part of the building is existing and what part is proposed on the X ' site plan, including square footage calculation. There is an inconsistency in square footage figures for the proposed addition between the figure provided on the revised site plan (11,338 sq. ff.), the figure On which the traffic study is based (11,652 sq. ft.), and the numbers for the existing square footage of manufacturing, warehousing and office provided in Environmental Review Permit Application (and those of 1993 Environmental Review). Revise Page 3 Poly Plastic Packaging File No.: MSPM 00-002 DEPARTMENTS INCLUDE REJECT traffic stud~y. 13. Include maximum height dimension of building on the site plan drawing X (Chapter 4, Section 7, Site Plan submission requirements). 14. Indicate the proposed colors for the building addition on the elevation X drawings. The color and materials of the addition should match the existing building (Chapters 4 and 9; Chapter 4, Section 7, Site Plan submission requirement). 15. ,Indicate the number of required trees which are native species. At least 50% X of required trees must be native species (Comprehensive Plan Policy 4.4.5.) 16. Existing hedge on adjacent property to the north and south may be used to X 'meet the landscape requirement provided the existing hedge meets all applicable standards of the landscape code (Chapter 7.5, Article II, Landscape Code). 17. Indicate and label location of fire hydrants on the landscape plan. (Chapter X 7.5, Article II, Landscape Code. 18. Provide a 5 foot concrete sidewalk to connect with existing sidewalk along X Industrial Avenue (Chapter 6, Article III, Sec. II) or obtain sidewalk waivers. ADDITIONAL PLANNING AND DEVELopMENT BOARD CONDITIONS NONE X ADDITIONAL CITY COMMISSION COMMENTS J:\SHRDATA~PLANNING~HARED\wP~PRO JECTS'~POLY PLASTIC PACKAGING~I ST REVIEW COMMENTS.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hampton Inn- Quantum Park APPLICANT'S AGENT: Richard W. Carlson, Esquire APPLICANT'S ADDRESS: 1475 West Gateway Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2000 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 1475 West Gateway Boulevard in Quantum Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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. x\\\\\~,~ %III IIiIIIi!/~ ~,' iNTO/v.` Other City Clerk J:\SHRDATA~Planning\SHARED~WP~PROJECTS~QUANTUM 2000\HAMPTON INN MSPM 00-001~Hampton Inn D.O.doc EXHIBIT "C" Conditions of Approval Project name: HAMPTON INN - QUANTUM PARK File number: MSPM 00-001 Reference: 2nd Review, Maior site plan modification. File # MSPM 00-001 with a February 22,2000 Planning and Zoning Department date stamp marking, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES I Comments: I X 1. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.518.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may not, therefore, be used for irrigation where other sources are readily available. 3. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) X 4. Dept. of Health Permits will be required for the water and sewer systems serving this project. (Sec. 26-12) FIRE ! Comments: I 5. A water distribution system plan is required and was not provided. LDR X 6-16. Include location of F.D. connection. POLICE I Comments: NONE I ENGINEERING DIVISION I Comments: 6. Combine Lots 1 & 2 with a Unity of Title. X 7. Any fill operation shall require an excavation/fill permit. ]1 X I Pago 2 Hampton Inn - Quantum Park File No.: MSPM 00-001 DEPARTMENTS INCLUDE I REJECT II II BUILDING I1 II Comments: 8. Add a symbol to the site plan drawings (SP-1 and SP-2) that represents the X perimeter limits of constructions for the proposed new work. 9. Show and label the handicap accessible entrance doors on the drawing X entitled 1st floor plan. The location of the accessible entrance doors shall match those that are shown on the site plan. 10. Add a labeled symbol to the site plan drawing (SP-1). The symbol shall X represent and delineate the path of travel of the accessible route that is required between the new accessible parking spaces and the accessible entrance door to the building. Identify on the plan the width of the accessible route (Note: The minimum width required by the code is forty- four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. The symbol represents the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. Please note at the time of permit review, the applicant shall provide detailed documentation on the plans verifying that the accessible route in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. 11. The number of new accessible parking spaces that are shown on site plan X SP-1 does not match the number shown on site plan SP-2. The number shown on both plans shall match. X 12. Within the site data found on both sheets titled site plan, identify the proposed £mish floor elevation of the building (lowest floor elevation). Verify that the proposed elevation complies with regulations of the code by adding specifications and notes to the site data addressing the following issues: a.) From the FIRM map, identify the title of the flood zone the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate this on the plans b.) As the design professional-of-record for the project, state that the proposed floor elevation is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations. [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] Pago 3 Hampton Inn - Quantum Park File No.: MSPM 00-001 DEPARTMENTS INCLUDE REJECT c.) Identify the floor elevation the design professional has established for the new building within the footprint of the building showing on the site plans, 1 st floor plan and civil plan. Also, identify the finish floor elevation of the existing building. 13. On site plan (SP-2), label the symbol that represents the location of the X proposed site lighting poles. 14. On site plan (SP-1 and SP-2), identify the symbol that represents the X property line. 15. Add to the site plan (SP-1) all the easements that are shown on the survey. X The location type and size of the easement(s) shall be shown and identified on the site plan. Where applicable, amend the plans so that the structures do not encroach into an easement. 16. Identify on both drawings that are titled site plan the actual distance that the X building is setback from the north, east and west property lines. Please note that overhangs, covered walkways, canopies, awnings and other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the overhangs, covered walkways, canopies, awnings, etc. The building setbacks shall comply with setback regulations specified in the Zoning Code. Identify whether the area located on the west side of the building is covered. Also, indicate the use of the area. 17. At the time of permit submittal, provide a completed and executed City X Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed for each property being unified is required to process the form. Each recorded deed shall include a legal description and the owner identified on each deed shall match. 18. Before permit review, Submit a current survey of the subject site. X i 19. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. 20. Permits are required to construct the improvements shown on the approved X site plan. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents the Plan Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION H Comments: NONE H Pag, 4 Hampton Inn - Quantum Park File No.: MSPM 00-001 DEPARTMENTS I INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: NONE I PLANNING AND ZONING Comments: The following comments relate to the requirements in Chapter 4 -Site Plan Review 21. Provide a current survey of the adjacent property (Lot 1) showing the X connection between the existing building and the addition, a portion of which is located on Lot 1. 22. Provide a north arrow on the site plan sheet SP-2. X 23. Indicate on the elevation drawings the building colors and materials to be X used. 24. Indicate the dimension of the setback frOm the west property line. X 25. Indicate and label the location of the sidewalk on site plan sheets SP-1 and X SP-2. 26. Indicate and label the location of the site lighting on the site plan and landscape plan. Provide a site lighting detail with the height dimension. X 27. Provide a colored elevation drawing showing all elevations of the building for the Planning and Development Board Meeting. X 28. Indicate on the landscape plan the method of irrigation and the source of X water to be used on site. The following comments relate to the requirements of Chapter 23 - ParMng Lots 29. Provide a dimension for the parking lot drive aisle width on the site plan. X 30. Provide a detail of the required handicapped parking sign. X 31. The proposed building addition must match the character and design of the X existing building. Indicate this on the elevation drawings. (Chapter. 9, Sec. 2) 32. Additional signs were not submitted for approval with this site plan. Signs X must meet the requirements of Chapter 23. ADDITIONAL PLANNING AND DEVELOPMENT CONDITIONS X 33. NONE X ADDITIONAL CITY COMMISSION CONDITIONS II 34._Wc ~c de-*_~d -- 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 ?'/~(~) ~( ~ /~ ~ ~/V/~f~ ~ ~- Telephone# 7~~ ~~ Summary of Matter to be Addressed /? Z/~/ Address 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 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 Fil! in the information cal!ed 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 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. ~. 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 auxilia~r 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 ~ ~? .~d' ~.),.¢- / 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 Meeti~ . . Name ' ~ ~ l~Z~/~ ~ Address ~? ~(~2~~ ~~ ~~ ~~ 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. 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 ~/~ C/l. ~]i~. ~ 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 auxilia~, 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 ,/'~ Ir /~ ¢ L Telephone# 7 3 / Summary of Matter to be Addressed C~ /, ¢ ~_~ dr. ~'' ~ C / ~ If a person decides to appeal any decision made by the City Commissio~-~it~respect to any matter considered at this meetin§, 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 I / - 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. 256.0105} 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 ~-~.~ C Address ;7///' '~ ~ ~'~-~ Telephone, 7~ ~ 0~ ~---~ Agenda# .~-~ Summary of Matter,to be Addressed '~/~ P f.,~ff'f' ~ P~-~' ~¢ 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 CosteHo, {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 ~F///~'~ ~r~~ Address ff'~ /~/~/ 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 Address Telephone Summary _.~of M~r to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, 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 to the start of the City Commission Meeting. ' ~ k_~ ~. prior Name ~/~' t/~/~/'~-j~f A' / Address ~~ ~J~ ~~~~ Telephone// Summ~/~ of~_~tter to be Ad~essed 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 Me~.~ing. / / ~ ~. , ~i _/ff~~ Name ~/~ ~/~ ~~~~ _~. 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 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 Name Address 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 meetin§, 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 Eive to the City Clerk prior tg~e/~start of the City Commissio~eeting. Name Telephone #~ ~-~ m~~f 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, (5611 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 # ~(~1 ~- ? ~ 9 '~- ~ -~. 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 meetin§, 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 attxiliary 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 ~ /~-/°~/~-- /Z~9~{~/I/~/ ~/~'~'/V~' ~-'~ Telephone # ~/- 73~~ 3 ~ ~ 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. ~ ~'~/ {~ 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. 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 FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Nam~ Address Telephone # 7~ ~:~ ~ ~ ~~'~ Summary of Matter to be Addressed Fill in the information called for below and Eive to the City Clerk prior to the start of the City Commission MeetinE. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, 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, 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 NameC°mmissi°n Meeting./-//__ ~ ~//~ 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 aux/liary 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 4/ Summary of Matter to [ If a person decides to appeal any di will need a record of the proceedir made, which record incindes the te; e Addressed ;cision made by the City Commission with respect to any matter considered at this meeting, he/she .gs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is ~timony 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 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 # Summary of Matter to be Addressed ,~~ Commission Meeting. 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. 286.01051 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 ~ ~JS PAV'~ ~]~ -~C ~ ~ Telephone# ~. ~kl-' ~-~- ) 0C)(~ Summary of Matter to be Addressed ~, ~3 C~-~x~ (Yv~ Agenda# \ C 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 M{teting. Address ~Ot~ ~'~}-' ~, . ~~ Telephone $ ~}~ ~ ~3 ~ Summ~f 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.