Minutes 03-07-00 MTNUTES OF THE REGULAR CI'TY COMMTSSTON MEETTNG
HELD I'N COMMTSSI'ON CHAMBERS, C~I"Y'HALL, BOYNTON BEACH, FLORZDA
ON TUESDAY, MARCH 7, 2000 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Henderson 'fillman, Vice Mayor
William Sherman, Mayor Pro Tem
Ron Weiland, Commissioner
Nellie Denahan, Commissioner
Wilfred Hawkins, Tnterim City Manager
.]ames Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENZNGS:
Call to Order- Mayor 3erry Broening
Znvocation - Commissioner Ron Weiland
Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan
Mayor Broening called the meeting to order at 6:30 p.m. Following the invocation,
Commissioner Denahan led the Pledge of Allegiance to the Flag.
D. TF YOU WI'SH TO ADDRESS THE COMMI'SSTON:
· FI'LL OUT THE APPROPRZATE REQUEST FORM
· GTVE TT TO THE CZ'FY CLERK (ON THE DA'rS) BEFORE THE "OPENTNGS"
PORTZON OF THE AGENDA HAS BEEN COMPLETED,
· COME TO THE POD'rUM WHEN THE MAYOR CALLS YOUR NAME
I'NDZVZDUALS MAY SPEAK FOR THREE UN'rNTERRUPTED MTNUTES.
Mayor Broening reminded everyone who was interested in speaking during the meeting to fill
out a card that was available in a rack at the rear of the Chambers and to submit it to the Clerk.
E. Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Cherof requested that Item X.D, "Award of annual bid for custodial services for city
facilities to Golden Mark Maintenance" be tabled to April 4th. The City and the union had a
productive conference and more time is needed to convert the discussion to written documents.
Since there were a number of people present to speak on the marina issue, Mayor Pro Tern
Sherman suggested moving up the discussion so that it would be addressed after the Consent
Agenda and before the City Manager's Report.
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March 7~ 2000
Motion
Commissioner Denahan moved to move up Unfinished Business Item XII-B to right before the
City Manager's Report, Commissioner Weiland seconded the motion that carried unanimously,
2, Adoption
Commissioner Weiland moved to approve the agenda as amended. Commissioner Denahan
seconded the motion that carried unanimously.
II,
A.
Appointment
To Be Made
ADMINISTRATIVE:
Appointments to be made:
Length of Term
Board Expiration Date
! Weiland Children & Youth Advisory Board Alt ! yr term to 4/00
III Sherman Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00
IV lillman Bldg, Board of Adjustment & Appeals Alt i yr term to 4/00
III Sherman Code Compliance Board Alt 3 yr term to 9/00
T Weiland Community Relations Board Alt 1 yr term to 4/00
~'I Denahan Community Relations Board Alt 1 yr term to 4/00
III Sherman Education Advisory Board Reg 2 yr term to 4/01
IV Tillman Education Advisory Board Reg 2 yr term to 4/01
III Sherman Library Board Reg 3 yr term to 4/01
IV Tillman Recreation & Parks Board Alt i yr term to 4/00
Tabled (3)
Tabled (3)
Tabled (2)
Tabled (2)
Commissioner Weiland appointed Steven Kuehn as an Alternate member of the
Advisory Board on Children and Youth,
Commissioner Weiland appointed David A, Carter as an Alternate member of the
Community Relations Board.
Mayor Pro Tem Sherman moved Diana Tedtmann from an Alternate position to a
Regular position on the Education Advisory Board.
Vice Mayor Tillman moved Michael Hazlett from an Alternate position to a Regular
position on the Education Advisory Board,
All other appointments were tabled or remained on the table.
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March 7, 2000
Motion
Commissioner Denahan moved to approve the appointments as stated. Commissioner Weiland
seconded the motion that carried unanimously.
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
None
B. Presentations:
1. Proclamations:
a. HeadStart Week - March 13-17, 2000
Mayor Broening read a Proclamation declaring the week of March 13th through 17th as
"HeadStart Week".
b. Red Cross Month - March 2000
Mayor Broening read a Proclamation declaring the month of March as "Red Cross Month".
Presentation and Acceptance of 1998/99 Annual Comprehensive
Financial Report by Paul Bremer, Ernst & Young
Paul Bremer presented the Comprehensive Financial Report for the year that ended on
September 30, 1999. The report is divided into four sections that include Introduction,
Financial, Statistical and Compliance sections. A transmittal letter is included in the
Introduction. This transmittal letter is a comprehensive overview of financial activities for the
prior year. Mr. Bremer recommended that the Commissioners read that letter.
The Financial section includes Ernst & Young's report of the City's financial statements. The
auditors' opinion is an unqualified opinion. This indicates that the financial statements are fairly
presented.
The Compliance section contains two important reports. One report is on compliance with the
OMB Circular A133 that addresses internal control. The auditors found no weaknesses with the
internal control and the City's compliance is consistent with laws, regulations, contracts and
grants.
Page 140 of the report begins the auditors' communications to the City. These communications
address several items that are required to be reported to the City by the Financial Accounting
Standards Board. These communications advise that the audit was conducted under generally
accepted auditing standards; that there were no disagreements with management; there are no
illegal acts. There was one adjustment related to the South Central Regional Wastewater
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Treatment & Disposal Board. The auditors also put the City on notice about upcoming items
that will affect the City's financial statements in the future.
The Management Letter is contained on Page 147. The State requires the City to respond to
the Management Letter. The City is in general agreement with the Management Letter
comments.
Mayor Broening thanked Mr. Bremer for presenting the report.
Presentation of the Government Finance Officers Association
Certificate of Achievement Award for the Annual Comprehensive
Financial Report for fiscal year ended September 30, 1998
At the podium, Mayor Broening presented the Government Finance Officers Association
Certificate of Achievement Award to Diane Reese, Finance Director. He noted that this is the
17m year the City has received this award.
Diane Reese accepted the award on behalf of her staff. She recognized the following
employees and presented them with certificates:
Mary Munro, Budget Analyst
Bill Atkins, Deputy Finance Director
Hoyt Johnson, Accountant (not present)
~V. CONSENT AGENDA:
A. Minutes:
2.
3.
4,
Agenda Preview Conference of February 9, 2000
Special City Commission Meeting of February 9, 2000
Regular City Commission Meeting of February 15, 2000
Special City Commission Meeting of February 17, 2000
aw
Bids - Recommend Approval - All expenditures are approved in the
1999-2000 Adopted Budget
Extend the "ANNUAL PARTS & SUPPLIES FOR LARGE TRUCKS AND
MISCELLANEOUS EQUIPMENT"- BID #035-1412-00/SP for one (1)
additional year to various vendors by manufacturer with an estimated
annual expenditure of $80,000 (New Bid #042-1412-00/KR)
Extend the ANNUAL CONTRACT FOR SUMMER CAMP TRANSPORTATION
SERVICES to Quality Transport Services, Inc., BID #047-2710-00/KR in
the amount of $275 per bus per day. The estimated total expenditure for
the Summer Day Camp program is $10,725
NO. RO0-.~)
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Extend the ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, BID
#046-2730-00/KR to Tare Landscape, First Genesis Lawn Service and Luis
Cintron's Lawn Service, until such time that a new bid can be awarded,
not to exceed ]une 30, 2000. The estimated expenditure is $163,300
INTENTIONALLY LEFT BLANK.
Approve the PURCHASE OF A LOCAL LAW ENFORCEMENT PURSUIT
VEHICLE W/OPTIONS utilizing State Contract #070-001-99-1, as awarded
by the State to Duval Ford in the amount of $22,350
INTENTIONALLY LEFT BLANK (Moved to New Business)
Award the "ANNUAL BID FOR READY MIX CONCRETE", BID #030-1411-
00/SP, to Florida Rock Industries, Inc., in the amount of $41,087.50 (Bid
#99-40/City of Delray Beach lead entity)
Resolutions:
Proposed Resolution No. R00-20 Re: Approving the $1 million tri-
party Interlocal Agreement between Palm Beach County, Boynton Cultural
Centre, Inc. and the City of Boynton Beach for funding the capital
improvements and exhibits for the 1913 Schoolhouse Museum
Proposed Resolution No. R00-21 Re: Approving the application for
a grant from the Florida Inland Navigation District (FIND) in an amount
up to $25,000 for maintenance dredging of an existing channel from Boat
Club Park to the Boynton Inlet
Proposed Resolution No. R00-22 Re: Approving the appointment
of quintus L. Greene, Director of Development and Michael Rumpf,
Planning and Zoning Director, as the City's representative and alternate,
respectively, to the Technical Advisory Committee (TAC) of the
Metropolitan Planning Organization of Palm Beach County, replacing the
former Director of Development and alternate
Proposed Resolution No. R00-23 Re: Approving the appointment
of Mary Lynne Ramsey as Legal Secretary
Proposed Resolution No. R00-24 Re: Approving the appointment
of Wayne Segal as Director of Media & Public Communications
Proposed Resolution No. R00-25 Re: Authorizing the Mayor and
the City Clerk to execute a communications site lease agreement
(ground) and a memorandum of agreement between the City of Boynton
Beach and Nextel South Corp.
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Proposed Resolution No. R00-26 Re: Appointing Kurt Bressner as
City Manager and authorizing the Mayor and City Clerk to execute an
appointment agreement between Kurt Bressner and the City of Boynton
Beach.
D. Ratification of Planning & Development Board Action:
Majestic Greeting Card (Southeast corner of High Ridge Road and
Commerce Road) - Request site plan approval to construct a
43,651 square foot 2-story printing/warehouse/office facility on
2.97 acres
Approve expenditures from Law Enforcement Trust Funds in the
amount of $3,785 to "We Change Foundation"
Approve purchase for the fabrication and installation of a Sliding
Double Gate System from Comet Fence Corporation at the East Water
Treatment Plan site, Woolbright in the amount of $18,274.03
Approve the contract with Vila & Son Landscaping Corporation,
piggybacking on Board of County Commissioners of Palm Beach County
contract, Bid #399052 to complete the landscaping projects on
Seacrest Court, NW 17th Avenue, Ocean Parkway medians and the
Circles in the Ridgewood Hills Subdivision for an amount not to exceed
$120,000 under the Neighborhood Assistance Program
Motion
Vice Mayor Tillman moved to approve the Consent Agenda. Commissioner Denahan seconded
the motion that carried unanimously.
· Discussion on Marina Zssue as requested by Mayor Broening
Mayor Broening announced that he raised this issue during the Agenda Preview Conference
because there are three lawsuits that are impeding the progress of the development of the
marina. The three issues include two by Bill Skaggs, owner of Two Georges Restaurant and
one by Edward Garcia, owner of the marina. Mayor Broening feels these problems could be
resolved through discussions. He requested public input and Commission input.
Dee Zibelli, 440 Ocean Parkway, pointed out that she has spoken during the past year
regarding parking at the marina noting that the developers were always trying to lessen the
parking for the public. She questioned why a written proposal made by Mr. Moore in 1994 had
not been addressed. Mr. Moore proposed giving the City the land for $1 per year for 75 years.
This would save the citizens $1 million. She questioned why former City Managers and
department heads have not informed the Commissioners about this proposal. She urged the
Commissioners to review Mr. Moore's proposal because she considers it a gift to the City.
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Warren Timm, 120 NE 26th Avenue, urged the Commissioners to be very careful not to
intrude on existing businesses during redevelopment. New development should not adversely
affect existing businesses. He also reminded the Commissioners that people would not
patronize a development unless parking is available.
Harry Marcus, 650 Horizons East, advised that Mayor Broening sent him information with
respect to his ideas about the development of Boynton Beach and the marina project was
included. Mayor Broening requested Mr. Marcus' opinion on his ideas. Mr. Marcus said he
realized that research would be necessary because he recalled a past proposal relative to
garage parking with respect to First Financial Plaza.
Mr. Marcus reported that Mr. Skaggs has a piece of property on Federal Highway that could be
used for parking. Mayor Broening proposes that the City either lease or purchase the property
from Skaggs to build a 280 space parking facility. The cost would be between $3 million and $4
million. The City would pay $1 million toward the project. The balance would be through
public and/or private finance.
Mr. Marcus visited with Mr. Moore and requested permission to review his files for information
on a proposal to build a garage. Tn March of 1994, Mr. Moore proposed leasing the property
north and south of his condo complex to the City for $1 per year for 50 years. Tf 25 additional
years were needed, he was willing to provide that. :In September of 1994, a lease was entered
into between First Financial and Mr. Garcia's company that would allow 1,000 spaces for the
entire downtown development.
Mr. Marcus read from the lease and pointed out that "time was of the essence" with respect to
the contract. That contract was entered into six years ago and it is still pending. This proposal
would not cost the City any money at all. He urged the City to enforce the contract.
Lee Wische, 1302 SW 18th Street, said he had nothing to add after Mr. Marcus spoke.
Commissioner Weiland commended Mayor Broening for raising the issue. However, he felt
there was more than one way to move this forward. He pointed out that in January, Mr. Garcia
notified the City that he had added additional parking spaces to his garage. Mr. Skaggs
purchased property one block south of Ocean Avenue east of Federal Highway to be used for
valet parking. Although a former Commission set aside $750,000 for downtown parking,
Commissioner Weiland does not see a reason for moving forward at this time. There are issues
of drainage and access to Mr. Skaggs property that must be addressed. He is reluctant to
spend $1 million at this time to solve the parking issue when the money could be used
somewhere else.
Commissioner Denahan applauded Mayor Broening's efforts to be a problem solver. However,
she believes this strategy is flawed. Her initial response is distaste for the strategy because the
City is attempting to broker a deal between Bill Skaggs and Ed Garcia. This is how politicians
get a bad name and it is bad politics. The City Commission voted twice on this issue. There
was discussion about contributing $750,000. When the proposal was brought back to the
Commission, it was turned down. Commissioner Denahan does not want to address issues over
and over again. The $750,000 was set aside to address parking problems collectively; not for
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March 7, 2000
two business owners. The incentives the developer is going to receive are designed to
encourage the developer to develop his property. He is receiving $770,000 in incentives. Tt is
not the City's responsibility to provide money for parking if a developer cannot provide enough
parking to meet Code requirements. The $750,000 that was set aside was for land acquisition
and surface parking.
Commissioner Denahan pointed out that Two Georges has off-site parking and an offer that Hr.
Marcus spoke about. There are opportunities available. The Commission should stop talking
about this issue and the market forces would drive a settlement. The City does not need to be
a party to any additional lawsuits.
Vice Mayor 'rillman felt that any effort to move the marina project forward was greatly
appreciated. However, he does not believe in "putting a patch on a tire that needs a whole
new inner tube". Market forces must work out this issue. This City is in the midst of enormous
growth with lots of plans and activities encumbered. A parking feasibility study was done that
provided suggestions and recommendations. Tt was determined that the City would control the
parking in the CRA and downtown. The suggestion tonight is for a private partnership. He
pointed out that the Commission couldn't move forward two steps and then take three steps
backward. Once the parking authority is in operation and moving forward, this suggestion may
be acceptable. Vice Mayor Tillman recommended that the Commission review this situation and
not spend any City money on it. He agreed with all of Commissioner Denahan's remarks. He
further pointed out that he was not in agreement with the City contributing $750,000.
Therefore, he certainly would not support a City contribution of $1 million. Vice Mayor Tillman
feels this issue will work itself out.
Mayor Pro Tem Sherman concurred with remarks made by the Commissioners. Tt would be
ludicrous for the City to contribute $1 million.
Mayor Broening said he agreed with the remarks made by all of the Commissioners. Mayor
Broening clarified his remark that based upon the parking plan we received, we would need a
facility to accommodate future downtown and marina parking east of Federal Highway. There
are several properties in that location that would be acceptable. Mayor Broening said he did
not suggest that the City provide $1 million for anything except a municipal facility.
Furthermore, he pointed out that his language recommended that the City "commit" the money
- not spend it. The parking study must be reviewed and there are other properties available
that could be less expensive. Mayor Broening feels the City could make a firm statement that it
intends to provide downtown and marina parking. He was not suggesting giving Bill Skaggs
and Ed Garcia $1 million.
Mayor Broening felt it was incumbent upon the Commission to bring this issue out on the table
again because there are construction permits for the marina that will expire in a very short
period of time. The Commission must consider its next move if those permits expire. The City
will be parking deficient at some point in the future and we must begin work on it now. This
City has always had a vision, but it was unable to turn the vision into "bricks and mortar" with
clear concise planning and agreements.
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Mayor Broening explained that this was an opportunity for people to make their points about
the marina.
Commissioner Denahan commended the entire staff for the additional backup that was provided
to the Commission following the Agenda Preview Conference. She thanked staff for keeping
the Commission abreast of everything that was needed.
V. CTTY MANAGER'S REPORT:
At the last City Commission meeting on February 15th, 10 residents presented eight various
concerns to the Commission. All of those concerns required a response. The Commission
received a summary of the residents, their concerns and the City's response. Staff was able
to respond either by phone, in writing or at face-to-face meetings within five days of the
Commission meeting.
During the Consent Agenda portion of this meeting, the Commission approved up to
$120,000 of neighborhood projects in the northeast section of the City. Projects are being
done on Seacrest Court, NW 17th Avenue and Ocean Parkway. These are landscape
beautification projects. The Neighborhood Assistance Program is doing very well and we
will continue to move forward with beautification.
VZ. PUBLTC AUDZENCE:
Brian Miller, President of Village Royale on the Green, 2515 NE 2nd Court- reported
that he received a le~er from the President of Building #12, Greenwood Association, who
complained about the absence of lighting at the corner of NE 26th Avenue and NE 3rd Court. Tt
reported that he met with Mr. Hawkins, who was very helpful and introduced him to Dan
DeCarlo who will meet with him on-site to view the problems. He urged the Commission to
provide assistance to Village Royale on the Green by:
Tncreasing the lighting on NE 3rd Court;
Tncreasing the lighting on NE 2® Court; and
Tncreasing the lighting on NE ::[st Court.
Tina Smith, 15 Belaire Drive, requested that the Commission provide assistance in
expediting the ratification of the contracts for the white and blue-collar workers.
Bruce Black, 321 SW 1st Avenue, thanked Commissioner Denahan and Vice Mayor 'fillman
for their years of service. Although there wasn't always agreement, the Commissioners voted in
the best interest of the City. He urged both Commissioners to continue to provide input in the
future.
Henrietta Solomon, 230 NE 26th Avenue, spoke in opposition of the ruling that does not
permit the Commissioners to respond to the public during the Public Audience portion of the
meeting. Tn the past, the Mayor or City Manager would direct staff from the dais to meet with
citizens who reported a problem.
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VII. PUBLIC HEARING:
None
VIII. BIDS:
None
:DC. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
Aw
Consider setting aside $16,500 in fiscal year 2000-2001 and $16,500 in
fiscal year 2001-2002 to support the On Campus Intervention Program
at Congress Middle School
David Fellows reported that three years ago, in an effort to address high suspensions in our
local schools, Chief Gage approached the principal of Congress Middle School about creating an
Alternative to Suspension Program. He was successful in his attempts to get the School District
to pay for a second dropout prevention unit. Chief Gage dedicated one full-time Police Officer
to the program. That program remained in place for one year. The dropout unit remains in
place to date.
Two years ago, the issue of school suspensions was the top priority of the Education Advisory
Board. Mr. Fellows and Commissioner Denahan approached the School District about setting up
an Alternative to Suspension Program at two of our local schools. The Alternative Education
Department agreed and the program was set up one year ago. Tt lasted only two months. The
Education Advisory Board worked to develop new partnerships and commitments. Over the
past year, contact was made with South County Mental Health. They created a grant proposal
that was accepted by the Quantum Foundation in the amount of $313,000 to fund a proven
Alternative to Suspension Program at Congress Middle School and Christa McAuliffe Middle
School. Those funds are contingent upon securing $100,000 in outside money.
Mr. Fellows said his strategy was to ask the City for $50,000 over three years for Congress
Middle School. Chief Gage has committed $16,500 of Forfeiture Funds for the first year of
operation of the program. Following Commission approval, Mr. Fellows will request that the
Sheriff's Department contribute $50,000 for Christa McAuliffe for the three-year period.
Mr. Fellows introduced the following people who were in the audience:
Dawn Russell, Chairperson of Education Advisory Board
Revia Lee, Member of Education Advisory Board
Eddie Mitchell, Member of the Education Advisory Board
Virginia Farace, City Liaison to the Education Advisory Board
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Ken Meltzer, Principal of Congress Middle School
Fanai Russ, Assistant Principal
Diane Tedwell, Assistant Principal
]eft Lefton, Associate Director - South County Mental Health
Mr. Fellows requested that the Commission approve the Police Department's contribution of
$16,500 for the operation of the on-campus intervention program at Congress Middle School for
the school year 2000/2001 and for the City to commit to set aside $16,750 annually to fund the
OCIP Program for school years 2001/2002 and 2002/2003 at Congress Middle School.
Mayor Broening pointed out that the City used to have a fund that was eliminated. This
Commission must consider reinstating that fund. Mayor Broening supports this program
because of the statistics.
Mr. Hawkins advised that Chief Gage would provide the funding for this year. As we enter the
budget cycle, there will be an opportunity to consider the request for the upcoming budget. He
pointed out that this Commission could not commit future Commissions to the issue except to
say that this Commission endorses the program and would like to see it funded in future years.
:It is possible that Forfeiture Funds could be used as a funding source in future years.
Commissioner Denahan thanked David Fellows for his tireless efforts on this project. The
Education Advisory Board set up objectives and used strategies to get to goals. This is an
excellent example of how the boards are instrumental in making Boynton Beach a better place
to live. The benefits of this program include eliminating crime, improving test scores and
improving the quality of life in Boynton Beach.
Motion
Commissioner Denahan moved to approve the Police Departments contribution of $16,500 for
the operation of the On-Campus Intervention Program at Congress Middle School for the year
2000/2001 and strongly endorse and encourage the City of Boynton Beach to set aside the
additional $16,750 annually to fund the OCIP for the school years following 2001/2002 and
2002/2003. Commissioner Weiland seconded the motion that carried unanimously.
Approve a Special Event Permit for B.A.P.S. Church groundbreaking
ceremony event on March 12, 2000 subject to tent inspections by City
officials
3ay Patel was present to answer any questions.
Motion
Vice Mayor Tillman moved approval. Commissioner Weiland seconded the motion that carried
unanimously.
IVlr. Patel invited all to attend the event.
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Approve Special City Commission meeting to be held at 6:00 p.m. on
Wednesday, March ~S, 2000 for acceptance of election results and
administration of Oaths of Office to new City Commissioners
Motion
Commissioner Weiland moved approval. Vice Mayor Tillman seconded the motion that carried
4-0. (Commissioner Denahan was away from the dais.)
Overview and discussion of awarding the annual bid for custodial
services for city facilities to Golden Mark Maintenance in the amount of
$112~620.
At Attorney Cherof's request, this item was tabled during Agenda Approval.
E. Discuss Storm Water Fees as requested by Commissioner Weiland
Dale Sugerman, Assistant City Manager, advised that staff is approximately 98% complete with
rate work and the Rate Study & Report will be completed within 10 days. The Commission will
be able to review it in final draft form by the middle of this month. ]:t is recommended that the
Commission set a special workshop meeting at the beginning of April to review this issue.
Mr. Sugerman pointed out that the papers the Commission has already reviewed were staff's
working papers on a variety of subjects. The development of the final report has gone through
a number of evolutions. The final draft report will be more concise and clear.
Commissioner Weiland questioned whether it would be feasible to conduct a workshop at the
end of March so that an Ordinance could be read on first reading at the beginning of April and
adopted on second reading at the end of April.
Mr. Sugerman explained that he would be on vacation during the end of March and will not
return to work until the first week of April. Staff is working on a cost of service study. Staff will
lay out a plan of action and provide a number that is realistic,
Commissioner Denahan pointed out that the number that was used in the past was not
effective and did not result in the appropriate amount of funding to resolve the stormwater
issue.
Vice Mayor Tillman reminded Mr. Sugerman that he requested "outside the box" ideas. Mr.
Sugerman explained that staff has not looked to the engineer for outside the box ideas. Staff
has been challenging the engineer to get as creative as possible. The Commission will hear
creative things that come from staff.
Mr. Sugerman confirmed that the Commissioners would receive the final draft by the middle of
March. The new Commissioners will have a couple of weeks to review the document. A staff
presentation will be made at a workshop meeting at the beginning of April. After that, the
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Commission will need time to think about it and generate questions. By the end of April, we
could have first reading of an Ordinance. A public hearing could be held at the beginning of
May and the Ordinance would then be read on second reading. The new rates would be
included in the June bill.
The Commissioners agreed to see the draft report before setting a workshop date.
MAYOR BROENING DECLARED A BRIEF RECESS AT 8:10 P.M. AND
RECONVENED THE MEET:lNG AT 8:30 P.M.
Discuss Upgrading Minimum Landscape Requirements as requested by
Commissioner Weiland
Commissioner Weiland said he would like to gain consensus of the Commission to ask staff to
provide a report on the current minimum landscape requirements for new development and
redevelopment of existing buildings and include an opinion on how to raise the minimum
requirements. Commissioner Weiland referred to a building that was redeveloped. He said the
owner removed a gas station and built a medical plaza, but the landscaping is lacking. The
appearance of a building could be greatly enhanced with the proper landscaping and it was not
done in this particular instance.
Mr. Hawkins requested that the Commissioners provide specific ideas. Commissioner Weiland
offered to assist staff in this effort since this is his profession.
Mayor Broening agreed with Commissioner Weiland's suggestion and remarks.
Commissioner Denahan asked about the status of the recommendations of the ad hoc
committee that was disbanded in 1998.
Mike Rumpf, Planning & Zoning Director, reported that the committee intentionally halted their
activities to let the pilot nonconforming signs and landscaping program take off. There were
two projects that were anticipated to utilize it. One project is being reviewed now (Goodyear)
and the pilot project for Lloyd's Plaza has been delayed. The City did not have a project
manager for that type of project. The staff person who was Auto-CAD literate has resigned and
no replacement was selected. There is an Engineering Inspector in the Building Division who
will act as an on-site project manager. Therefore, the program is moving forward again.
Hr. Sugerman advised that the Facade Grant Program was also revised. It used to be a $5,000
grant program. The City Commission extended it to up to $7,500 in reimbursement. The last
$2,500 is specifically eligible for signage and landscaping. Eleven projects have been approved
under the Fa~;ade Grant Program and there is approximately $8,000 remaining in that program.
Commissioner Denahan realized that we have standards that are not adequate. She suggested
moving forward with getting recommendations for upgrading landscaping requirements.
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March 7, 2000
Mr. Rumpf explained that when the Community Design Plan existed, it was specific about
species type. Staff is excited about upgrading these requirements because there is room for
improvement. Mr. Rumpf said he has negotiated higher standards.
When Mr, Hawkins advised that staff would bring back specifications to the Commission,
Commissioner Denahan recommended that the Planning & Development Board have an
opportunity to review the staff comments before the Commission makes a final determination.
Vice Mayor Tillman felt common sense was the issue. This is not something that requires a
great deal of review. Staff should move forward and the recommendations should include
requiring mature trees and plants.
Discuss Title Change and Compensation Adjustment for Interim City
Manager as requested by Mayor Broening
Mayor Broening read his recommendation as follows:
"The City Commission should enact a resolution to recommend that Wilfred
Hawkins be promoted to the position of Assistant City Manager and be paid an
equivalent amount. The Commission should also endorse retroactive pay for
Wilfred Hawkins equal to the difference between what he now earns and that
conferred by the Assistant City Manager position. He should be accorded all
perquisites and considerations presently available to an assistant city manager.
The City should also reimburse Mr. Hawkins for any costs expended to attain a
Bachelor's degree."
Commissioner Denahan said the first thing that entered her mind was "micro-management".
That summarizes this suggestion proposed by the Mayor. Commissioner Denahan said she
does not question Mr. Hawkins' loyalty, hard work or dedication to the job. However, the City
Commission took :~2 months to hire a City Manager and he will begin working with the City in
approximately one month. The Commission would be usurping the City Manager's
responsibility. The Commission made the right decision with respect to the selection of a City
Manager and the meeting minutes and tapes reflected a great deal of discussion regarding the
elimination of one candidate. This Commission has made tremendous strides. She urged the
Commission to allow Mr. Bressner to do his job. If he believes that is the position he needs to
take, it will be his decision.
Vice Mayor Tillman addressed two issues. One issue is compensation for the job and the other
is a position Mr, Hawkins would ascend to under the new City Manager. Mr. Hawkins was made
Interim City Manager under this Commission and this Commission should provide for due
compensation. The issue of service and what Mr. Hawkins has done should be entertained by
the City Manager in due course.
Commissioner Denahan posed the following questions to Arthur Lee, Human Resources
Director:
1. Did the City Commission just finish a pay and classification study done by DMG?
14
HEE'rZNG MINUTES
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March 7, 2000
Mr. Lee explained that the study is still new and had not as yet been approved or ratified by the
City Commission. ]:t was completed approximately one year ago.
2. Have we been using the results of that study to negotiate contracts?
Hr. Lee responded that the study has been used for bargaining and for general employees.
has not been used for contractual employees.
When the study came in and we had the position of Administrator of Support
Services, was our Administrator of Support Services within the range?
Mr. Lee responded affirmatively. We looked at each of the positions so that we could use it as
a guide. However, when it comes to contractual positions, we look at each position individually.
4. Was that Administrator of Support Services position within the range?
Mr. Lee said there is a range on it. The salary that we currently have for the Administrator of
Support Services is now at the maximum of that particular range.
When Commissioner Denahan reminded Mr. Lee that the Commission directed him to come
back to the Commission with a recommendation to compensate Wilfred Hawkins for the
additional responsibilities, Mr. Lee agreed that there was additional compensation at that time.
Commissioner Weiland commended Mr. Hawkins for the outstanding job he has done over the
past 12 months. However, he felt it was premature for the Commission to make this decision at
this time, and added that this was not a decision the Commission should make. He would
prefer to wait until the City Manager is here and can provide the structure of how a City
Manager and two Assistant City Managers would work. He would like to see an outline of job
responsibilities. At that time, he will wholeheartedly endorse the City Manager's
recommendation.
Commissioner Weiland supports compensating IVlr. Hawkins for the position he has held for 12
months, but is not certain it would be necessary to reimburse him for his educational expenses
over the past year. ]:t is his opinion that anyone who wants to get ahead would take the
necessary courses.
Commissioner Weiland also pointed out that this morning's newspaper quoted the Human
Resources Department as requiring a Bachelor's Degree, but preferring a Master's Degree, for
the position of Assistant City Manager. Commissioner Weiland is confident that Mr. Hawkins will
be a fine City Manager in the future. However, he feels there should be a requirement in his
contract that would require him to continue his education to obtain a Bachelor's Degree.
Mayor Pro Tem Sherman said Mr. Hawkins has been the person who has helped him over the
past year more than anyone else in the City. He is hopeful that the new City Manager will see
fit to advance him to Assistant City Manager. However, he believes the decision should be
deferred to the City Manager. While Mayor Pro Tern Sherman feels Mr. Hawkins should remain
15
MEETING MINUTES
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March 7, 2000
in a management position, he questions whether the City could afford two Assistant City
Managers and a City Manager.
Commissioner Denahan pointed out that the Commission budgets a great deal of money toward
education. She was under the impression that the Commission supports reimbursement of
educational expenses.
Mr. Lee explained that Fire and Police have a separate program that is funded by the State in
conjunction with the funds provided by the City. The City has a very minimal tuition
reimbursement program.
Commissioner Denahan said she strongly supports reimbursement of all expenses related to
furthering the education for Wilfred Hawkins.
Mayor Broening said he had no intention of forcing the City Manager to do anything. The City's
Charter specifically says the City Commission hires only two people - the City Manager and the
City Attorney. The City Commission endorses other senior positions. Mayor Broening said it
was his intention to bring this issue before the Commission and the public to preserve and
enhance a resource. He respects the authority and prerogatives of the City Manager.
However, Mr. Hawkins deserves the sense of his value to the Commission. Through education
and salary, that resource could be preserved. Mayor Broening feels this would be the right
thing to do.
Commissioner Weiland agreed that Mr. Hawkins is a valuable commodity to the City and he
does not want to lose him. However, he felt it was premature at this time to dictate whom the
City Manager should work with. He would like to see an outline of how the three positions
would be used. Tt is very possible that we would need two Assistant City Managers.
Commissioner Weiland said that when the Mayor raised this issue, he asked Attorney Cherof to
provide an outline of surrounding cities. Some larger cities do not have two Assistant City
Managers and others with populations less than Boynton do have two Assistants. Tf it is the
Commission's position to reimburse Mr. Hawkins for his education, Commissioner Weiland
agreed to comprise and support that recommendation.
Mayor Broening said the current population of the City of Boynton Beach is estimated at 64,915
as indicated in the Comprehensive Financial Report. This City is growing at a pace that is
startling. Our Codes and zoning have not kept pace and the Charter probably needs revision
very soon. There is a tremendous amount of work ahead that is beyond the scope of what is
normally expected of someone in Mr. Hawkins' position. Mayor Broening said his
recommendation was to capitalize on Mr. Hawkins' willingness to work and participate with
more responsibility.
Commissioner Weiland said he was bewildered about why this issue was brought before the
Commission at !this time. He feels that if it is meant to happen, Mr. Bressner will bring his
recommendatio~ forward. Commissioner Weiland felt the time frame was very premature and
felt it was a strategy to put pressure on the Commission. This is not a decision the Commission
should be makiOg. The Commission is entrusting Mr. Bressner to do the job and must let him
do it. ~
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MEET/NG M/NUTES
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X~. LEGAL:
A. Ordinances- 2nd Reading - PUBLZC HEARTNG
11
Proposed Ordinance No. O00-02 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
Attorney Cherof read Proposed Ordinance No. 000-02 by title only.
David Norris, Attorney for Quantum Limited Partners, reported that Condition #5 in
Exhibit D has been indicated as "rejected". That condition should have been included. The
conditions that should be included are #1, #5, #7, #8 and #11. Tn addition, he requested that
typos in the Ordinance be corrected as follows:
Page 2 - Second Line - The word "loot" should be changed to "lot".
Page 3 Under Lot 50B - Should read, "The Land Use Designation has been changed
from Office/:[ndustrial to Industrial."
Based upon discussion with the Treasure Coast Regional Planning Council, the reference and
request with regard to Lot 91 should be withdrawn. Remove all references to an amendment to
Lot 91. Treasure Coast feels the present zoning is more consistent with what is planned.
Lusia Galav, Senior Planner in the Planning & Zoning Division, advised that staff concurs with
Mr. Norris' comments with respect to the four additions he made. Condition #5 required
revision to the master plan to be consistent with the application. The applicant has done that
and submitted the document this evening.
Staff received a letter from the School Board regarding some general comments for the
development. Because of its residential nature, they would like to see a bus stop incorporated
in the site plan process. :In addition, they require the selling agents to notice the public
regarding school districts. These were additional comments that have been recommended by
staff.
Staff's final recommendation, based on thorough analysis of all information present, was that
the Quantum Park DR:[ does not constitute a substantial deviation pursuant to Florida Statutes
Chapter 380.06.
Mr. Norris advised that the Code amendment revision is included as Condition #11. The Comp
Plan text change is Condition #10. The Commission rejected that and the applicant felt that
should not be tied to this project.
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING.
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March 7, 2000
Maurice Rosenstock, One Villa Lane, said his recollection of Quantum Park seems to have
deviated to such an extent that he wonders if the concept that was intended even exists. He
feels the last thing we need is more housing. The south end of this project has a tremendous
housing development. This is the last Industrial land of any quantity in the City. The concept
was to put industrial use on the land. Housing uses more services than any other type of
development. Industrial uses the least amount. Mr. Rosenstock feels the Commission is
making a major mistake.
Anne Centi, :t3C Southport Lane, hopes this Commission will ask more questions and get
quality answers. She feels good projects are always thought up and not always thought
through.
Ed Tedtmann, 869 NW 8th Avenue. said Olin is an apartment developer that has been in this
business for a long time. They have done mixed-use projects before. He is confident that they
see a market for an apartment building and they can get the job done.
Mr. Norris reminded the Commission that most comments were addressed at the last meeting.
The applicant is not attempting to do this in order to sell out quicker and get out of Quantum
Park. If that were the intention, they would not do this project because they could sell out
faster to people who have already expressed interest. The applicant feels this is something that
would be good for the entire City.
Commissioner Weiland said that at last week's meeting, Hr. McDonald expressed where
Quantum Park has been and where it would like to go. Commissioner Weiland feels it is time to
move forward.
Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. O00-02 including all staff
comments and concerns and including those from the developer. Commissioner Denahan
seconded the motion.
Mr. Norris confirmed with Vice Mayor 'lqllman that this motion included only Conditions #1, #5,
#7, #8 and #11.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
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 PTDs. 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.
18
MEETZNG MZNUTES
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March 7, 2000
MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-03.
seconded the motion, City Clerk Sue Kruse polled the vote, The vote was unanimous,
B. Ordinances- :1~t Reading
Commissioner Weiland
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 portion of meat (Berry Veal)
Attorney Cherof read Proposed Ordinance No, 000-04 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 000-04, Commissioner
Weiland seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous.
2. Proposed Ordinance No. 000-05 Re: Abandonment of
three (3) segments of street rights-of-way for Wal-Mart
Motion
Vice Mayor
Attorney Cherof read Proposed Ordinance No. O00-05 by title only.
lillman moved to approve Proposed Ordinance No. 000-05. Commissioner
Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
3. 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,
Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. 000-06. Commissioner Weiland
seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
4. Proposed Ordinance No, O00-07 Re: Abandonment of
street rights-of-way for BAPS Temple
Attorney Cherof read Proposed Ordinance No. 000-07 by title only.
19
MEETZNG MZNUTES
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March 7, 2000
Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. O00-07. Commissioner
Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
Proposed Resolution No. R00-27 Re: Approving an
agreement between the City's G.A.L.A. Committee and Sheldon
Amusements for the amusement company to plan, organize and
implement the Kids Korner games and rides area for the period of March
16 through 19, 2000
Attorney Cherof read Proposed Resolution No. R00-27 by title only.
Motion
Commissioner Denahan moved to approve Proposed Resolution No. R00-27. Vice Mayor
Tillman seconded the motion that carried unanimously.
D. Other:
Add Chapter 9, Section 9-5:L (e) to the City Code of Ordinances
to read:
"In the event that Boynton Beach Fire Rescue Department
resources are requested by another municipality which has an
agreement with a third-party fire agency for mutual aid services,
and of which no Interlocal Agreement or Mutual Aid Agreement
with the City of Boynton Beach exists, a fee in the amount of
$2,000 per occurrence for up to one (1) hour service, and $500
per hour for each additional hour, shall be charged to the
municipality requesting and receiving such services. Payment
must be made to the City, in full, within thirty (30) days of
invoice."
Motion
Commissioner Denahan moved to direct the City Attorney to draft an Ordinance. Commissioner
Weiland seconded the motion that carried unanimously.
2. Signing of City Manager COntract and Administration of Oath
At the podium, Mayor Broening and Kurt Bressner signed the City Manager employment
contract. City Clerk Sue Kruse administered the oath to Mr. Bressner.
20
MEETZNG MTNUTES
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March 7, 2000
Mr. Bressner thanked the Mayor, City Commissioners and staff. He especially thanked Vice
Mayor Tillman and Commissioner Denahan for their service and said he would be seeking their
input in the future. Mr. Bressner looks forward to working with the Commission, staff and
community. He applauded the efforts of staff. He wished the candidates well and urged the
boards to allow him to help them be successful on behalf of the community. Mr. Bressner
thanked the citizens who were present to express their opinion and told the business owners
that they are a core element of what makes a successful hometown.
Mr. Bressner feels this community has a tremendous amount of opportunity and it is moving
forward. One of his key roles is to be an agent of democracy. He will seek out and embrace
ideas and assets for the good of the community. The ideas and assets come from all sectors of
the community and represent a tapestry of what Boynton Beach is. Mri Bressner said he is
delighted to be here.
Mayor Broening recognized this meeting as the last that Vice Mayor Tillman and Commissioner
Denahan would attend. Both Commissioners have shown extraordinary dedication to their jobs.
He will particularly miss Vice Mayor Tillman who offered sage advice and had a pithy way of
getting right to the core of things.
Commissioner Weiland thanked Vice Mayor Tillman and Commissioner Denahan for their years
of dedicated service to the City. He would welcome a knock on his door or a telephone call to
offer advice that would help him provide better direction for the City of Boynton Beach and the
Commission.
Mayor Pro Tem Sherman said he has enjoyed sitting next to Vice Mayor Tillman and thanked
him for making life more pleasant over the past year. He said he would miss both Vice Mayor
Tillman and Commissioner Denahan and wished them the best in the future.
XII. UNFINISHED BUSINESS:
Review and Consideration of the pre-application(s) received, for
submittal to Palm Beach County, Department of Economic
Development, under the Round III Core Grant Program (~7'A~'Z_~ZT)
This item remained on the table.
B. Discussion on Marina Issue as requested by Mayor Broening
This item was addressed just prior to Ttem V-City Manager's Report.
XIII. OTHER:
None
21
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March 7, 2000
XI'V. AD.]OURNMENT:
There being no further business to come before the City Commission, Commissioner Denahan
moved to adjourn the meeting. Vice Mayor Tillman seconded the motion that carried
unanimously. The meeting properly adjourned at 9:45 p.m.
ATTEST
CITY OF BOYNTON BEACH
Vice Mayor
Mayor Pro Tern
~ .
Commissioner
Clerk
'-'(Four Tapes)
Commissioner
22
WILFRED HAWKINS
Situation:
Wilfred Hawkins has served as interim city manager of Boynton
Beach for more than a year. During this period, he has continued to
serve as the City's Director of Administrative Services, as well. When
the new city manager takes over in about a month, Mr. Hawkins will
return to his former subordinate position.
Discussion:
Wilfred Hawkins has demonstrated unusual competency and
leadership in carrying out his temporary responsibilities. He has shown
extraordinary loyalty and professional maturity during an uncertain and
trying period.
It is important that Wilfred Hawkins not only be retained as a
valuable city resource, but that he be given additional responsibility
commensurate with his demonstrated abilities and leadership qualities.
Recommendation:
The City Commission should enact a resolution to recommend that
Wilfred Hawkins be promoted to the position of Assistant City Manager
and be paid an equivalent amount. The Commission should also
endorse retrOactive pay for Wilfred Hawkins equal to the difference
between what he now earns and that conferred by the Assistant City
Manager position. He should be accorded all perquisites and
considerations presently aVailable to an assistant city manager. The City
should also reimburse Mr. Hawkins for any costs expended to attain a
Bachelor's degree.
Marina Project Strategy
Situation:
Three lawsuits, two by Bill Skaggs, oWner of Two Georges
Restaurant, and one by Edward Gar¢ia, Marketplace Marina owner,
have caused uncertainty and confusion about the status of the marina
project. While work on the seawall is essentially Complete, there is little
visible evidence of construction on the commercial first phase of the
project. Current completion timetables are unlikely to be met unless
there is resolution of the lawsuits. Incentives to the developer are
contingent upon substantial completion at agreed-'upon deadlines.
Discussion:
The current agreement with the Marina developer relieves him of
a y~z~t responsibility for providing parking for nearby businesses.
.~..... .... . .................... b,llt~ 91/hc~,lg.~ the Two Gec)rges
Restaurant and nearby marine-related businesses are and have been non-
conforming regarding parking. These businesses have used Garcia's
property and Casa Loma Blvd. for their parking in the past. The City
several times has expressed its interest in supporting those pre-existing
businesses, primarily through the eventual provision of nearby
municipal parkin~k The specific long-term remedy tbr the
marina/downtown parking issue is contingent on the results of a
comprehensive parking plan recently submitted to the City by its traffic
consultant. This parking plan provides the basis for resolving both
marina and downtown parking issues now and for the future.
~f'he two lawsuits filed by Two Georges address the owner's
concerns on three issues: parking, access to his 30-feet-wide property
betwee~a Casa Loma Blvd.(a city right-of-way) and the canal to the
south when the street is raised 24 inches, and disruption to business
during marina construction. A writ of mandamus filed by the developer
against the City in reaction to the Two Georges lawsuits insists that Two
Georges be held to current zoning and code regulations.
All legal issues likely will need to be mediated before going to
trial. This process could take many months, even years, to resolve.
Resolution of Issues:
1. As previously stated, t~answcr to long-term parking
requirements in the Marina/Downtown area are contained in the City's
parking study. The study recommends a parking facility east of Federal
Highway. Property owned by Two Georges owner Bill Skaggs is within
two blocks of thc Marina and the Downtown Business District. This
property could be the location of the needed parking facility. Other
locations nearby could be available for this purpose, as well.
,4ction: The City should announce immediately that it is
committing $1 million toward the design and construction of a parking
facility to accommodate Marina/Downtown parking. Bill Skaggs
should be encouraged to drop his lawsuits and participate as a partner
with the City in this effort. Short-term solutions to his immediate
parking problem should also be expedited.
2. Access to the 30 feet strip of property owned by Two Georges
should be $~~,~d by the City. (Current plans for Casa Loma Blvd.
include access/egress ramps to be constructed at the expense of the
developer at each end of the strip.) Additionally, diagonal parking
should be permitted on this strip to accommodate dive boaL charter and
fishing operations now there.
Action: The City will develop a plan in conjunction with Two
George~o permit required access and parking on the 30-feet strip.
Such plans should include elimination/relocation of vehicles and
equipment currently occupying this area.
3. Disruption during the construction of the Marina is inevitable,
but ;{ ;n,~ma:ai.,o minimize ff ;"'-.--'
~F' ....... ~,.,s~u. Casa Loma Blvd.
will be completely tom up to build new required utilities, including
stormwater collection. However, the developer is required to construct a
temporary road to accommodate present tmlIic on Casa Loma Blvd.
Action: The developer should be encouraged to provide as much
off-road parking as possible without impacting construction or safety.
Two Georges should consider valet parking, not only as a sho~x-term
solution to present parking problems, but as a long-term service to
patrons. Dive boat, fishing and charter businesses should consider a
similar service, such as golf cart shuttles, for its patrons in tl~e interim
and as a long-term service. The City should facilitate off-site temporary
parking.
Conclusion: There appear to be no tmresolvable issues concerning the
Marina, if all parties are willing to address them in a practical, business-
like way. The City is willing to commit significant funds to resolve the
long-term parking problem for existing businesses, to provide incentives
to the developer to meet construction deadlines and to provide
appropriate variances to existing businesses to assure their continued
operations.
The City in return exl~eCts all parties to act in good faith and to
seek creative short-term solutions for problems.
cITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: MAJESTIC GREETING CARD
APPLICANT'S AGENT: Lenny Siegal, Tri-Star
APPLICANT'S ADDRESS: 2900 N. Military Trail, #165, Boca Raton 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 7, 2000
TYPE OF RELIEF SOUGHT: NEW SITE PLAN
LOCATION OF PROPERTY: Southeast corner of intersection of High Ridge Road and Commerce
Road
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 corn petent 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
DATED:
J:~SHRDATA\Planning\SHARED~WP\PROJECTS\MAJESTIC G~EETING CARD\Develop. Order. doc
. . =_-- ,. , _ ,. - __=
_-.___ /_-_:- ____-
- City Clerk ~ _.,~ ~_
-
//////1111
I
EXHIBIT "C"
Conditions of Approval
Project name: MAJESTIC GREETING CARD
File number: NWSP 99-026
Reference: 2nd Review, New Site Plan. File # NWSP 99-026 with a February 1, 2000 Planning and Zoning
Department date stamp marking.
I! DEPARTMENTS
II Comments: NONE X
II UTILITIES
II Comments:
II1. All utilities easements shall be shown on the rectified landscaping X
II drawings so that we may determine which trees may interfere with
[[ utilities. In general, palm trees will be the only tree species allowed
II within utility easements. Canopy trees may be planted outside of the
II 'easement so that roots and branches will not impact those utilities within
[[ the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public
]1 utilities the authority to remove any trees that interfere with utility
II services, either in utility easements or public rights-of-way.
II 2. Dept. of Health permits will be required for the water system serving this X
{ project. (Sec. 26-12).
113. Fire flow calculations will be required demonstrating the City Code X
II requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16,
II or the requirement imposed by insurance underwriters, whichever is
II greater. (see Sec. 26-16(a)). Please submit these calculations with your
[ Health Department permit submittal.
14. Comp Plan policy 3C.3.4 requires' the conservation of potable water. X
I[ City water may not, therefore, be used for irrigation where other sources
Ii, are readily available.
15. This office will not require surety fOr installation of the water and sewer X
]1 utilities, on condition that the systems be fully completed, and given to
II 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
i[ occupancy.
16. 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
I- serve the project. (Sec. 26-i 5)
[7. The waste stream from the manufacturing process must meet the City s X
Il pretreatment requirements. A sampling point must be provided' to allow
J monitoring of this waste stream. (Sec.
26-143,
26-147)
Page 2
MAJESTIC GREETING CARD
File No.: NWSP 99-026
Comments:
8. A fire flow test is required prior to construction. LDR 6-16. The Fire X
Department connection for the fire sprinkler system may not be more
than 150 feet from a hydrant. Hydrants will be in place prior to above
grade construction. NFPA1.
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments:
9. Reflect sidewalk out to Commerce Road. On the Site and Landscape X
plans, show the handicap accessible path out to the Commerce Road
· sidewalk as shown on the Civil Plans. On the Site Plan and Paving &
Drainage Plans extend at least one of the handicap accessibility paths
through the landscape area and connect it to the public sidewalk to
satisfy the requirements of the Florida Accessibility Code.
i 0. On the Paving & Drainage Plan, add a general note that the Drainage X
Plan shall conform to City Standard Drawing B-91007 and modify your
plans accordingly.
11. There shall be no land clearing, land removing or land filling without X
first obtaining the appropriate permits. [LDR Chapter 8, Article I.
Section 1 and Chapter 7.5, Article I,,. Section 5.B.]
12. A Work in the Right-of-Way permit is required for all construction X
within the Commerce Road right-of-way. [LDR Chapter 22, Article II,
Section 7.]
13. Due to the nature of the business, we recommend establishing a fire lane X
along the west side of the building.
UILDING DIVISION '
omments:
· Add to the building that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the handicap accessible entrance
door to each tenant space. Show and label the same doors on the
drawing titled floor plan.
Page 3
MAJESTIC GREETING CARD
File No.: NWSP 99-026
DEPARTMENTS
INCLUDE I REJECT
15. Add to the drawing titled site plan a labeled symbol that represents and X
delineates the path of travel of the accessible route that is required
between the accessible parking spaces and the accessible entrance door
to each tenant space. The symbol shall start at the accessible parking
space(s) and terminate at the accessible entrances to the building. The
symbol shall represent the locations of the path of travel, not the
locations of the detectable warning or other pavement markings that are
required to be installed along the path. Please note that at time of permit
review the applicant shall provide detailed documentation on the plans
that will verify that the required 44 inch wide accessible route is in
compliance with the regulations specified in the Florida Accessibility
Code for Building Construction.
16. Within the site data found on sheet SP- 1, identify the proposed finish X
floor elevation of the proposed building (lowest floor elevation). Verify
that the proposed elevation is in compliance with regulations of the
code by adding specifications and notes to the site data that address the
following issues:
a) From the FIRM map, identify the title of the flood zone that the
building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the
plans.
b) As the design professional-of-record for the project, state on the
plan 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]
c) Identify the floor elevation that the design professional has
established for the building within the footprint of the building that
is shown on the site plan, floor plan and civil plans.
17. Amend the last sentence of note number five found on the site plan to X
state the following: "Site lighting will be evaluated at time of permit
review. The proposed site lighting fixtures will illuminate the site
consistent with the specifications identified in the Parking Lot Code."
18. Clarify the width of the easements that are shown on the drawing titled X
site plan. Where applicable, amend the plans so that the proposed
structures do not encroach into an easement.
19. At 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 deed with legal descriptions of each
property is required to process the form. To unify the properties, the
owner identified on each deed shall be the same.
Page 4
MAJESTIC GREETING CARD
File No.: NWSP 99-026
DEPARTMENTS ] INCLUDE I REJECT
20. 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.
21. Permits are required to construct the improvements that are shown on X
the approved site plan/conditional use documents. 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 that the Plans Analyst
checks for when an applicant submits for permit review.
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
X
22. Site plan, landscape and engineering plans should use the same scale.
Also, the plans should be oriented in the same direction. (Chapter 4,
Section 7, Site Plan submission requirements)
X
23. Indicate adjacent zoning for properties to the south and east on the site
plan. (Chapter 4, Section 7, Site Plan submission requirements)
X
24. In tabular summary on the site plan, provide site acreage, total lot
coverage and net buildable area in square feet and acres. Also provide
percentage for pervious and impervious area. (Chapter 4, Section 7, Site
Plan-submission requirements)
X
25. In the tabular summary on the site plan, provide data for required and
provided parking. Based on code requirements for Planned Industrial
Development, the number of off-street parking spaces is based on the
number of employees (1-1/2 spaces for each two employees on a
maximum shift). (Chapter 4, Section 7, Site Plan submission
requirements)
X
26. On the landscape plan, within the 25 foot perimeter PID buffer,
alternatively, provide one (1) tree (mahogany) per 40 linear fee0-t of
frontage and a continuous eugenia hedge (maintained at 6 feet) along the
outside edge of the buffer, replacing the cocoplum hedge proposed
along south fence line as required by the Master Plan.
Page 5
MAJESTIC GREETING CARD
File No.: NWSP 99-026
DEPARTMENTS INCLUDE REJECT
X
27. On the landscape plan, within the 40 foot buffer easement, alternatively,
provide one (1) Gumbo Limbo tree per 40 linear feet of frontage and a
continuous cocoplum hedge (maintained at 3 feet), planter beds of dwarf
crouton (hybrid), evergreen giant liriopi, keys lilies, iroxa nora grant,
along the north, south and central portions of the west frontage. This
should be designed to the satisfaction ofstaffto be similar to that
landscaping design provided on the north side of the PID entrance, along
the west side of the Boynton Pump and Supply site.
X
28. Provide mounted color elevation drawing prior to the Planning and
Development Board meeting. (Chapter 4, Section 7, Site Plan
submission requirements)
29. Provide a note on the site plan indicating that all rooftop equipment will X
be screened from view at a minimum distance of 600 feet. (Chapter 9,
Community Design Plan requirements)
30. Submit required traffic analysis to obtain confirmation from Palm Beach X
County that project conforms with Traffic Plan Study.
31. Use approval required to amend the existing list of approved uses for the X
PID Master Plan.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
32. NONE. X
ADDITIONAL CITY COMMISSION COMMENTS
3:3. ~-de~-m~d .,~,,e~' ~
J:\S HRDATA',PLANNING\S HARED\WPkPROJECTS~L~dESTIC GILm= t lNG CARD~COND OF APPROVAL CC 3-7.DOC
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The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
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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
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