Minutes 04-02-02 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, APRIL 2, 2002 AT 6:30 P.M.
PRESENT:
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Mike Ferguson, Commissioner
Charlie Fisher, Commissioner
Mack McCray, Commissioner
· Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
Call to Order - Mayor Gerald Broening
Invocation
Pledge of Allegiance to the Flag led by Commissioner Ferguson
Mayor Broening called the meeting to order at 6:30 p.m. Commissioner McCray offered the invocation
and Commissioner Ferguson led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE REQUEST FORM
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE
'"OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda.
that carried 5-0.
Commissioner Fisher seconded the motion
I1.
PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
Richard Stone, 111 S.E. 1st Street, Boynton Beach, spoke as a member of the Blue Collar
Bargaining Unit. He referred to the City's Core Values of honesty, integrity, communication,
accountability, and equitable treatment of its employees. The White Collar and Blue Collar Union
employees received a 3% raise in lieu of pay for performance on March 15, 2002 and the General
Employees received 3.5%, which he did not consider to be fair and equitable treatment. He thought
that this would make a difference over the years, especially when other raises were added to it. He
wanted to see the City apply their Core Value of fair and equitable treatment of the employees to this
situation.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Bob Ensler, 26 Woods Lane, Boynton Beach, noted that out of a City population of more than
60,000 people, very few people actually work to contribute towards the good of the City. He had
worked in the corporate business world for almost fifty years and had never heard of someone who
had been chosen to represent the people (Commissioner McCray) being asked to pay his own way on
a trip such as the recent one to China. He hoped the City did not allow this to happen again.
Barbara Gumas, 5530 N. Ocean Boulevard, #110, Ocean Ridge, declared that she was a resident
of a 148-unit condominium, Crown Colony Club, directly across from the Riverwalk Plaza. She had
lived in the area for nineteen years and had been a permanent resident for the last four years. She
was present with a few other people from her condominium. They examined the proposed plans for
the Woolbright Grill. There is no guarantee that the proposed restaurant will operate as the developer
currently suggests. They were aware of the history of the Banana Boat and the noise and traffic
problems it creates for its neighbors. The same thing could happen to her neighborhood. She urged
the Commissioners to closely evaluate the Riverwalk Plaza project.
Butch Miller, 1401 Neptune Drive, Boynton Beach, stated that his dilemma was a failure to
communicate although his questions had been answered in part. He had been asking for six months
who had paid for Mack McCray's trip to China and he did get a response. The response said that a
City employee paid the airfare. He did not believe that this answered his questions. He wanted to
know who paid for the trip as a whole including meals and lodging. He believed that he had a right to
know, since Commissioner McCray had gone on the trip as the Commissioner. He was concerned
because the City says it is run as a business and he found that questionable unless one was referring
to Enron. Mayor Broening stated that they would stand on their statement, which is that there was no
'City money used on that trip
Warren Timm, 130 N.E. 26th Avenue, Apt. 301, Boynton Beach, complimented the City Commission
and the City of Boynton Beach for having one of the best Internet sites for a municipality that he had
seen; however, it could still be better. He was not able to find the Commission Agenda when he
checked at noon on the day of the meeting. He stated that if things were posted in a more timely
fashion, the citizens could be better informed about what is happening.
Mr. Bressner agreed and stated that in the future, they would post the preliminary Draft Agenda by
Thursday or Friday prior to the next meeting and then substitute the Final Agenda later, probably first
thing Monday or Tuesday morning prior to the meeting. Mr. Timm agreed and thanked Mr. Bressner.
Alice Otis, 203 S.W. 13th Street, Boynton Beach, agreed with Mr. Timm. She understood the point
of view of the petitioner from Ocean Ridge but did not believe that the concern was quite as strong as
that of the Gulfstream community when the Orbit nightclub went in. She did not think that there would
be people going over into Ocean Ridge the way they would go into Gulfstream. Also, it sounded like a
restaurant whose patrons would not be likely to carry on. She thought that until the City could offer its
own residents a better qualify of life, she did not think the City should turn down the Woolbright Grill.
Virginia Farace, Library Director for the City of Boynton Beach, thanked the Commissioners for
passing a Proclamation declaring the six-week period from March 15 to April 29 as Read Together
Boynton Beach, to go along with Read Together Palm Beach County. To thank the Commission for
their leadership in this, an official Fahrenheit 451 t-shirt was given to each City official. She hoped that
the Commissioners would find time to wear it to promote this campaign, She wanted the entire
community to be made aware of this project and directed them to fliers that could be picked up on their
way out of Commission Chambers. Next Tuesday, April 9, beginning at 1:00 p.m. in the theater of the
Boynton Beach Community High School, a panel of celebrities will discuss the issues in Ray
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Bradbury's book, Fahrenheit 451. Ms. Farace invited all interested persons to attend and participate.
Ms. Farace also shared a President's Award plaque that the Public Libraries of Palm Beach County
received at the Literacy Coalition luncheon. It was presented to all the public libraries in the County as
well as Bookfest, Inc., which includes the Friends of the Library groups, for outstanding efforts and
contributions on behalf of literacy because of the Read Together Campaign.
III. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Fisher mentioned that the Cities of Boynton Beach, Delray Beach, and Boca Raton,
were working together on a CPR Day, which will be at Florida Atlantic University on April 13 from 9:00
a.m. to 2:00 p.m. At this event, free CPR training will be given to ail persons age 16 and above who
express an interest. The two-hour classes start every ½ hour. There have been six "saves" in Palm
Beach County of people who are now alive because their friends knew CPR. Commissioner Fisher
encouraged everyone to attend these training sessions.
Ms. Otis commented that she had a second yellow card on a different topic and Mayor Broening
allowed her to speak.
Alice Otis, 203 S.W. 13th Street, Boynton Beach, spoke of preserving the Mangrove High School.
She was impressed with the Historical Society exhibit at the GALA celebration and amazed at the
reaction of the visitors to the booth. They had no idea that the school was going to be torn down and
were unhappy to hear about it. The Historical Society was offered signatures, money, and prayers to
keep the old school. She knew that someone would say that the people ought to have known, but she
had been coming to City meetings for several years now and still did not know everything that was
going on. She believed that a direct mailing to the citizens to let them know about the proposed plans
would be in order. She asked that the Commissioners support the old high school and stated that the
visitors and residents want to keep it.
Mayor Broening noted that Anne Centi had informed him that this was Women's History Month, and he
apologized that the City had not issued any formal recognition or proclamation for this event. Mayor
Broening believed he spoke for the entire Commission and all of the men in the audience, when he
stated that they were all keenly aware of the importance of women in their lives. He urged people to
tune in to the History Channel on television, which had some good coverage of this topic. He thanked
Ms. Centi for bringing the matter to his attention.
IV. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made
Length of Term
Board Expiration Dato
II McCray
III Ferguson
V Fisher
Mayor Broening
Weiland
II McCray
Children & Youth Advisory Bd
Children & Youth Advisory Bd
Children & Youth Advisory Bd
Children & Youth Advisory Bd
Children & Youth Advisory Bd
Children & Youth Advisory Bd
3
Stu/Reg/NonVoting 1 yr term to 4/03Tabled (3)
Stu/Reg/Voting 1 yr term to 4/03Tabled (3)
Reg 2 yr term to 4/04
Reg 2 yr term to 4/04
Reg 2 yr term to 4/04
Alt I yr term to 4/03
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Ill Ferguson
IV Fisher
IV Fisher
Mayor Broening
Weiland
11 McCray
Weiland
Weiland
II McCray
III Ferguson
IV Fisher
Mayor Broening
II McCray
III Ferguson
IV Fisher
Mayor Broening
Weiland
II McCray
III Ferguson
IV Fisher
Mayor Broening
Weiland
II McCray
Weiland
II McCray
III Ferguson
IV Fisher
Mayor Broening
III Ferguson
IV Fisher
Mayor Broening
II McCray
III Ferguson
IV Fisher
Mayor Broening
Weiland
II McCray
II McCray
III Ferguson
IV Fisher
Children & Youth Advisory Bd
Children & Youth Advisory Bd
Alt
Stu/RegNoting
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Alt
Reg
Reg
Alt
Cemetery Board
Reg
Code Compliance Board
Code Compliance Board
Code Compliance Board
Code Compliance Board
Code Compliance Board
Alt
Reg
Reg
Reg
Alt
Community Relations Board Reg
Community Relations Board Reg
Community Relations Board Reg
Community Relations Board Alt
Community Relations Board Alt
Education Advisory Board Reg
Education Advisory Board Reg
Education Advisory Board Alt
Education Advisory Board Alt
Education Advisory Board Stu
Education Advisory Board Stu
General Employees' Pension Trust
Library Board
Library Board
Library Board
Library Board
Reg
Reg
Reg
Alt
Nuisance Abatement Board
Nuisance Abatement Board
Nuisance Abatement Board
Alt
Reg
Reg
Planning & Development Bd
Planning & Development Bd
Planning & Development Bd
Planning & Development Bd
Planning & Development Bd
Planning & Development Bd
Reg
Reg
Reg
Reg
Alt
Alt
Recreation & Parks Board
Recreation & Parks Board
Recreation & Parks Board
4
Reg
Reg
Alt
1 yr term to 4/03
1 yr term to 4/03
1 yr term
3 yr term
3 yr term
1 yr term
to 4/03Tabled (3)
to 4/05
to 4/05
to 4/03
3 yr term to 4/05
1 yr term to 4/03
3 yr term to 4/05
3 yr term to 4/05
3 yr term to 4/05
1 yr term to 4/03
Tabled (2)
3 yr term to 4/05
3 yr term to 4/05
3 yr term to 4/05
1 yr term to 4/03
1 yr term to 4/03
2 yr term to 4/04
2 yr term to 4/04
1 yr term to 4/03
1 yr term to 4/03
Iyr term to 4/03
1 yr term to 4/03
Reg 3 yr term to 4/05
3 yr term to 4/05
3 yr term to 4/05
3 yr term to 4/05
1 yr term to 4/03
1 yr term to 4/03
2 yr term to 4/04
2 yr term to 4/04
2 yr term to 4/04
2 yr term to 4/04
2 yr term to 4/04
2 yr term to 4/04
1 yr term to 4/03
1 yr term to 4/03
3 yr term to 4/05
3 yr term to 4/05
1 yr term to 4/03
Meeting Minutes
Regular City Commission Meeting
Boynton Beach~ Florida
April 2~ 2002
Mayor Broening Recreation & Parks Board
Alt 1 yr term to 4/03
III Ferguson Senior Advisory Board Reg 2 yr term to 4/03Tabled (3)
IV Fisher Senior Advisory Board Reg 2 yr term to 4/04
Mayor Broening Senior Advisory Board Reg 2 yr term to 4/04
I Weiland Senior Advisory Board Reg 2 yr term to 4/04
II McCray Senior Advisory Board Alt 1 yr term to 4/03
III Ferguson Senior Advisory Board Alt 1 yr term to 4/03
The Commissioners decided to defer this item until after the certificates of achievement had been
presented to the members of the Boynton Beach High School Basketball team so that they would not
have to sit through the administrative portion of the meeting.
Boynton Beach High School Basketball Team
Mayor Broening mentioned that he had attended the game in Jupiter along with Commissioner Fisher
and the City Manager and he praised the team for playing a really good game of ball. He stated that
they had all been so proud of the team, their playing, and the way they handled themselves. Mayor
Broening noted that there had been some calls that he disagreed with but the team took it with great
sportsmanship and acted like gentlemen. Mr. Bressner reiterated how proud he was of the team also.
Commissioner Fisher mentioned that it had been an exciting game to watch as a spectator and while
he knew everyone wanted to win it, they were able to see young adults maintain themselves in a very
close game. They showed respect and represented their City better than any team could be expected
to do. He thanked them for that. Mayor Broening, on behalf of the City Manager and the entire City
Commission congratulated the team, the coaches, and the principal for being an asset to the City.
Dr. Cornnell, principal of Boynton Beach High School, thanked the City Commission on behalf of the
school for recognizing the team and stated that when a group of individuals work together through
teamwork and through coaching, great goals can be reached. He felt their students were a perfect
example of this and they were really proud of them.
Mayor Broening and Commissioner Fisher presented certificates of achievement to each team
member and coach individually.
The Head Coach acknowledged the honor for the players and thanked the City for the recognition. He
also expressed appreciation for Dr. Cornnell and the Athletic Director. The support from the
community at the Dwyer High School Regional Finals was phenomenal also. He asked the community
to remember that on December 6, 2002, Dwyer High School would be at their school and he invited all
to attend.
The Commission resumed the Appointments portion of the agenda.
IV. ADMINISTRATIVE:
A. Appointments to be made:
Mayor Broening noted that the Commissioners would make the appointments by Board instead of
individually.
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Meeting Minutes
RegUlar City Commission Meeting
Boynton Beach, Florida
April 2~ 2002
Children & Youth Advisory Board
Commissioner McCray appointed Carlos Masso as a Student Regular Nonvoting member and Ms.
Willie Pearl Wilson as an Alternate.
Commissioner Ferguson tabled the appointment for a Student Regular member and nominated Ms.
Phyllis Stern as a Regular, one-year member.
Commissioner Fisher appointed Shanna St. John as a Regular member with a two-year term.
Vice Mayor Weiland tabled his appointment since Phyllis Stern had already been appointed.
Mayor Broening appointed Stephen Waldman as a Regular member with a two-year term.
Motion
Commissioner Fisher moved to approve the appointments, seconded by Vice Mayor Weiland. The
motion passed 5-0.
Building Board of Adjustment & Appeals
Commissioner Fisher tabled the appointment for an Alternate member.
Vice Mayor Weiland appointed Ms. Brita Peterson as a Regular member for a 3-year term.
Mayor Broening appointed Mr. Melvin Sternbach as a Regular member for a 3-year term.
Commissioner McCray tabled the appointment for an Alternate member.
Motion
Commissioner Ferguson moved to approve the appointments, seconded by Commissioner
Fisher. The motion passed 5-0.
Cemetery Board
Vice Mayor Weiland appointed Mr. David Nyquist as a Regular member with a three-year term.
Motion
Commissioner Fisher moved to approve this appointment, seconded by Commissioner McCray. The
motion carried 5-0.
Code COmpliance Board
Vice Mayor Weiland appointed Shelley Costantino as an Alternate.
Commissioner McCray appointed Bob Foot as a Regular member with a three-year term.
Commissioner Ferguson appointed Patti Hammer as a Regular member with a three-year term.
Commissioner Fisher appointed Enrico Rossi as a Regular member with a three-year term.
Mayor Broening appointed Dave Rafkin as an Alternate.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Motion
Commissioner Ferguson moved to approve the appointments. Vice Mayor Weiland seconded the
motion that carried 5-0.
Community Relations Board
Commissioner McCray appointed Blanche Girtman as a Regular member with a three-year term.
Commissioner Ferguson appointed Joy Currier as a Regular member with a three-year term.
Commissioner Fisher tabled a Regular appointment.
Mayor Broening and Vice Mayor Weiland tabled Alternate apPointments.
Motion
Commissioner Fisher moved to approve the appointments. Vice Mayor Weiland seconded the motion
that carried 5-0.
Education Advisory Board
Commissioner McCray appointed Revia Lee as a Regular member with a two-year term and tabled the
Student appointment.
Commissioner Ferguson appointed Lillian Artis as a Regular member with a two-year term.
Commissioner Fisher appointed Judith Braswell as an Alternate.
Mayor Broening tabled an Alternate appointment.
Vice Mayor Weiland tabled a Student appointment.
Motion
Commissioner McCray moved to approve the appointments, seconded by Commissioner Ferguson.
The motion passed 5-0.
General Employees' Pension Trust
Vice Mayor Weiland appointed Wilbur Lynch as a Regular member with a three-year term.
Motion
Commissioner Ferguson moved to approve this appointment. Commissioner Fisher seconded the
motion that passed 5-0.
Library Board
Commissioner McCray appointed Marva Collins as a Regular member with a three-year term.
Commissioner Ferguson appointed Donna Harmening as a Regular member with a three-year term.
Commissioner Fisher tabled a Regular appointment.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Mayor Broening tabled an Alternate appointment.
Motion
Commissioner Ferguson moved to approve the appointments.
motion that passed 5-0.
Commissioner McCray seconded the
Nuisance Abatement Board
Commissioner Ferguson appointed Brady Myers as an Alternate.
Commissioner Fisher asked to make Brady Myers a Regular member. Commissioner Ferguson
agreed and tabled his Alternate appointment.
Mayor Broening appointed Richard Yerzy as a Regular member with a two-year term.
Motion
Commissioner McCray moved to approve the appointments. Commissioner
seconded the motion that passed 5-0.
Ferguson
Planning & Development Board
Commissioner McCray appointed Woodrow Hay as a Regular member with a two-year term.
Commissioner Ferguson appointed Maurice Rosenstock as a Regular member with a two-year term.
Commissioner Fisher appointed Mike Friedland as a Regular member with a two-year term.
Mayor Broening appointed Ed Currier as a Regular member with a two-year term.
Vice Mayor Weiland and Commissioner McCray tabled Alternate appointments.
Vice Mayor Weiland opposed the appointment of Maurice Rosenstock to the Planning & Development
Board, believing that the new people on the Board had done a very good job and should be given an
opportunity to continue. Vice Mayor Weiland perceives in Mr. Rosenstock an attitude towards staff and
the applicants that was not what he would like to see in a person representing the City of Boynton
Beach. Commissioner Ferguson wished to respond to this. Mayor Broening suggested approving the
rest of the appointments and handling this issue as an exception. Mr. Cherof agreed that this was the
custom.
Motion
Commissioner Fisher moved to approve the appointments, with the exception of Mr. Rosenstock.
Commissioner McCray seconded the motion that carried 5-0.
Commissioner Ferguson thought that Mr. Rosenstock's experience and knowledge of the Code was
needed on the Board, especially since the resignation of Chairman Lee Wische.
Vice Mayor Weiland spoke highly of Bob Ensler and the current Acting Chairman of the Board, Steve
Myott, believing that they should be allowed to continue on the Board.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Commissioner Fisher commented that Bob Ensler and Steve Myott were both highly capable people
and that the City needed them. His vote was based on the need to retain someone of Mr.
Rosenstock's experience in light of the current activities and needs of the City. He believed that any
attitude problems should be addressed by the City Manager.
Vice Mayor Weiland thought the attitude issue had been addressed a number of times in the previous
two years. He believed that any loss of experience would be offset by the full and complete
knowledge of City staff.
Mayor Broening stated that he would go to staff if he needed an interpretation of Code. He looks to
the Boards to provide decisions on growth issues and issues that affect the City's Vision and believes
that change is good.
Motion
Mayor Broening asked for all those in favor of appointing Mr. Rosenstock to the Planning &
Development Board to signify by stating aye or nay. The motion carried 3,2 (Messrs. Broening and
Weiland dissenting)
Recreation & Parks Board
Commissioner McCray appointed Tom Williams for a Regular three-year term.
Commissioner Ferguson appointed Margaret Murphy for a Regular three-year term.
Commissioner Fisher tabled his Alternate appointment.
Mayor Broening appointed William Orlove as an Alternate.
Motion
Commissioner Ferguson moved to approve the appointments.
motion that carried 5-0.
Vice Mayor Weiland seconded the
Motion
Commissioner Fisher moved to appoint Betty Thomas as an Alternate on the Recreation & Parks
Board. Commissioner Ferguson seconded the motion that carried 5-0.
Senior Advisory Board
Commissioner Ferguson appointed Ms. Olive Field for a Regular, three-year term.
Commissioner Fisher appointed Elizabeth Jenkins for a Regular three-year term
Vice Mayor Weiland appointed Jeanne Hasty for a Regular three-year term.
Commissioner McCray tabled an Alternate appointment.
Mayor Broening tabled a Regular appointment.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Motion
Commissioner Ferguson moved to approve the appointments.
motion that carried 5-0.
Commissioner Fisher seconded the
V. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
None
B. Presentations:
1. Proclamations:
a. "National Child Abuse Prevention Month" - April 2002
Mayor Broening read the National Child Abuse Prevention Month proclamation and presented it to Ms.
Danielle Johnson of the Dick Webber Center for Prevention of Child Abuse. Ms. Diana Johnson,
president of the Boynton Beach Chamber of Commerce, joined Ms. Johnson to accept the
proclamation.
Danielle Johnson thanked the City for the proclamation and gave blue ribbons to the City Commission
members to wear in support of National Child Abuse Prevention month. The Commission and the
community were invited to their annual volunteer and donor appreciation banquet on April 17, at 6:30
p.m. at Benvenuto Restaurant. The keynote speaker at the banquet will be Jack Levine from
Tallahassee who will speak about the state of Florida's children and how we can help prevent child
abuse and neglect.
b. "Train Safety Awareness Week"-April 15-22, 2002
Mayor Broening read the Train Safety Awareness Week proclamation and presented it to Risk
Manager Chuck Magazine, Carisse Weise, Administrative Assistant in the City Manager's office, and
Pamela Webb, Insurance Claims Specialist in Risk Management.
Wilfred Hawkins, Assistant City Manager of the City of Boynton Beach and president of the Palm
Beach County Safety Council, stated that safety was a way of doing business in this City and on
behalf of the Palm Beach County Safety Council, presented a special recognition of leadership award
to Mayor Gerald Broening. He thanked the Mayor, the City Manager, and City employees for showing
their support by attending the recent 5th Annual Safety Awards meeting.
Mr. Hawkins stated that the Safety Council also recognized the City of Boynton Beach for community
service and that the City of Boynton Beach was the first municipality in Palm Beach County to have
certified trainers in the Operation Lifesaver program sponsored in South Florida by Tri-Rail and
Amtrak. This program seeks to educate the public on safety at highway rail crossings and railroad
rights-of-way. Two City employees, Carisse Weise and Pamela Webb, have been trained and certified
to present this program and have done so for City employees, children's and other community groups.
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Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
c. "March of Dimes WalkAmerica Day" - April 27, 2002
Mayor Gerald Broening read the March of Dimes WalkAmerica Day proclamation and presented it to
Shanna St. John, Community Director for the March of Dimes.
Ms. St. John thanked the City Commission and attributed her success at the March of Dimes to the
training she received while Chair of the City's Advisory Board on Children & Youth Board for the past
six years. She invited all interested persons to join in the family fun and walk at John Prince Park and
Florida Atlantic University on April 27, 2002 beginning at 8:30 a.m.
"Citation of Appreciation" for Lee Wische, former Chair of the Planning &
Development Board"
Mayor Broening read with pleasure a Citation of Appreciation for Lee Wische.
Mr. Wische thanked the City of Boynton Beach for the honor and recognition and stated that Boynton
Beach is very important to him and that he would devote all the time that he could towards making it
an even better City. He stated that he would cherish the recognition and thanked everyone very, very
much.
2. Presentation of a check in the amount of $34,000 to the Firefighters Rescue 911
Fund by the Fire Department Local 1891
Boynton Beach Fire Department Local 1891 raised $34,000 to benefit the Firefighters Rescue 911
Fund. Randy Jute, Boynton Beach firefighter and president of Fire Department Local 1891, spoke of
their wish to support the families of their brothers who fell during the 9/11 event. He was extremely
proud of the members who had worked so hard to collect this money, including Chief Bingham who
worked side-by-side with all the firefighters to raise the money. He expressed appreciation for the
kindness of the citizens and businesses of Boynton Beach who had donated the money. The super-
life-size photograph of the check will be on display at Fire Station No. 3 as a reminder of their fallen
brothers.
Present certificates of achievement to members of the Boynton Beach High
School Basketball team who throughout their season have exhibited outstanding
sportsmanship qualities and behavior
(Presentation made earlier in meeting.)
VI.
PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
None
VII. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A.' Minutes:
Agenda Preview Conference of March 18, 2002
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
2. Regular City Commission Meeting of March 19, 2002
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2001-2002 Adopted Budget
Approve the Police Department purchase of "Virtual Partner" software and
printers from Advance Public Safety (sole source) in the amount of
$11,797 from Federal Treasury Forfeiture Fund
Approve Change Orders #1, 2, 3, and 4 to Construction Technology Inc. in
the cumulative amount of $22,013 for the Boat Club Park Renovations and
Site Improvements Project (Proposed Resolution No. R02-053)
¸3.
Approve Change Order #1 to BAE SYSTEMS ADR INC. in the amount of
$20,937.50 for Planimetric Mapping of the western unincorporated
portions of the service area
Award Charles Ankrom, Golf Course Architect, the Consultant Agreement
for RFQ #016-2910-02/KR, Consultant and Architectural Services in the
Remodeling of the Nine Hole Executive Course and Practice Areas at The
Links of Boynton Beach for an estimated expenditure of $56,500, based
on the negotiated agreement (Proposed Resolution No. R02-054)
Resolutions:
Proposed Resolution No. R02-055 Re: Releasing cash bond
of $54,340 to Fine Line Construction & Electric, Inc. for completion of the
permitted work at BJ's Wholesale Club
Proposed Resolution No. R02-056 Re: Applying for additional
grant funding through the Florida Inland Navigation District (F.I.N.D.)
program for the dredging of the Boat Club Park navigation channel
Proposed Resolution No. R02-057 Re: Approving reduction of
cash surety (from $158,950 to $15,895) posted by Cornerstone Group
Development Corporation for the Villa Del Sol Project located at the corner
of Old Dixie and US#1 (Permit #01-3836)
Proposed Resolution No. R02-058 Re: Approving
Amendment No. 1 to the amended and restated Interlocal Agreement to
establish the South Palm Beach County Public Safety Communications
Cooperative (Boynton Beach, Boca Raton, and Delray Beach)
Proposed Resolution No. R02-059 Re: Ratifying the Letter of
Understanding regarding post-ratification change to Article 14 of the
Boynton Beach Association of Fire Fighters., Local 1891 of the
International Association of Fire Fighters Collective Bargaining Agreement
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Regular City Commission Meeting
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April 2~ 2002
Proposed Resolution No. R02-060 Re: Ratifying Boynton
Beach Fire Fighters and 'Paramedics Local 1891 of the International
Association of Fire fighters Union Contract Articles 12 and 19
D. Ratification of Planning & Development Board Action:
Quarterdeck Restaurant/NWSP 02-001 - (Northwest Wal-Mart out parcel
along Old Boynton Road, west of Winchester Park Boulevard - Request
for site plan approval to construct a one-story 6,340 square foot sit-down
restaurant with 160 seats on a 1.197-acre parcel
E. Ratification of CRA Action:
None
Approve commencement of contract negotiations with Group Insurance Solutions,
Inc. for a 3-year contract as consultant to the City for employee group insurance
benefits (includes health, dental, life, long-term disability, accidental death &
dismemberment)
Approve proposed allocation of $1,000 Community Investment Funds from Vice
Mayor Weiland for the Children and Youth Advisory Board annual recognition
dinner
Motion
Commissioner Ferguson moved to approve the Consent Agenda as presented.
Fisher seconded the motion that carried 5-0.
Commissioner
VIII. CITY MANAGER'S REPORT:
City Manager Bressner noted that the next City Commission meeting would be held at Citrus
Cove Elementary School on Lawrence Road near Gateway Boulevard on April 16, 2002 at 6:30
p.m. Bus service will be available at City Hall for those desiring transportation.
IX. FUTURE AGENDA ITEMS:
Proposed resolution regarding Sister Cities Program (April 16, 2002)
Review of Proposed Amendment to Development Agreement - Marina Project
(April 16, 2002)
Discuss long-range plan for the Boynton Woman's Club (April 16, 2002)
Resolution regarding revisions to the guidelines for the City Commission
Community Investment Fund (April 16, 2002)
"Commission on the Road" meeting at Citrus Cove Elementary School (April 16,
2002)
13
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Proposed Resolution No. R02-016 regarding authorizing the use of eminent
domain to acquire the public right-of-way necessary to develop the Boynton
Beach Boulevard Promenade and Riverwalk- Tabled on 01115102 (May 7, 2002)
Proposed resolution regarding approving a contract for consulting services known
as the Heart of Boynton Neighborhood Academy (May 7, 2002)
Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3.
Environmental Review and associated references to Environmental Review
Permit or the Environmental Review Committee (May 7, 2002)
Discussion of proposed Charter Review (May 2002)
J. FRA Whistle Ban - Report (May 2002) - Delayed due to Federal Railway
Administration Delay in Rulemaking
K. Discussion of water and wastewater rate options (May 21, 2002)
L. Lake Eden Canal Maintenance Options (May 21, 2002)
DEVELOPMENT PLANS:
None
Xl. NEW BUSINESS:
None
Xll. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 02-012 Re:
Stormwater Utility rate charged to customers
month to $5.00 per ERU per month
Reduction of the
from $6.00 per ERU per
City Attorney Cherof read proposed Ordinance No. 02-012 by title only.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 02-012. Commissioner
McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0.
2. Proposed Ordinance No. 02-013 Re: Approving the
conversion of the Official Zoning Map to a Geographic Information System
(GIS) format
City Attorney Cherof read proposed Ordinance No. 02-013 by title only. The Commissioners had
been given an amended Ordinance prior to the meeting.
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-013 with amendment
shown in Section 2, Subsections 1 and 2, where language was added to indicate that the
original document would be in GIS digital format and a paper copy would be maintained in the
Clerk's office as a finished document. Commissioner Fisher stated that a copy should also be
available in the Library and Mr. Bressner replied that it would but that the official copy would be
in the City Clerk's office. Commissioner Fisher seconded the motion. City Clerk Prainito called
the roll and the motion passed 5-0.
B. Ordinances - 1st Reading
Proposed Ordinance No. 02-014 Re: Amending Chapter 2-
Zoning, Section 8.5.A.9 of the Land Development Regulations to allow for
the 50% reduction in required parking spaces, and sharing of parking
resources within the Martin Luther King Boulevard Overlay District
City Attorney Cherof read proposed Ordinance No. 02-014 by title only.
Motion '
Commissioner McCray moved to approve proposed Ordinance No. 02-014. Commissioner
Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0.
Proposed Ordinance No. 02-015 Re: Amending Land
Development Regulations, Chapter 2 Zoning, Section 5, "Residential
district regulations and use provisions," allowing the establishment of
resident, employer or membership exclusive daycare centers within
residential districts without conditional use
City Attorney Cherof read proposed Ordinance No. 02-015 by title only.
Vice Mayor We/land thought this could work in certain neighborhoods and destroy others. He
questioned whether the City wanted to allow this, knowing that it was already allowable with a
conditional use.
Commissioner Fisher was concerned that this could open up a residential loophole where
people might try to have a daycare for twenty or so kids in a neighbOrhood like Nautica.
Quintus Greene, Development Director, stated that if such an application came to the City, it
would be handled through the conditional approval process; however, he did not believe it would
happen because such an application would not be for an on-site daycare center. There was
some confusion as to what this term actually meant. Mr. Greene elaborated that this had come
up because there was an apartment complex that wanted the latchkey children to be able to
have a place to come and do homework and wait for their parents to come home. Mr. Bressner
wondered why the Ordinance could not be restricted to multi-family complexes, excluding single-
family residences entirely.
Motion
Commissioner Fisher moved to approve proposed Ordinance 02-015. Commissioner Ferguson
seconded the motion. City Clerk Pta/n/to called the roll and the motion passed 4-1, Vice Mayor
We~land dissenting.
15
Meeting Minutes
Regular City Commission Meeting
BoYnton Beach, Florida
April 2, 2002
Mr. Greene stated that this issue would be placed before the' Planning & Development Board for
further discussion before'it would come back for second reading. Mayor Broening thought the
Planning & Development Board input and the input of the citizens during Public Audience would
shed more light on the issue.
Proposed Ordinance No. 02-016 Re: Amending Land
Development Regulations, Chapter 1, Article V. Impact Fees and
DedicationS, Section 3, providing for implementation of a park and
recreation facilities impact fee
City Attorney Cherof read proposed Ordinance No. 02-016 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-016. Commissioner
Fisher seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0.
Proposed Ordinance No. 02-017 Re: Amending Chapter 2
of the Land Development Regulations, Section 7. Planned Industrial
Development Districts, to provide clarification of the definition of mixed use
POD
City Attorney Cherof read proposed Ordinance No. 02-017 by title only.
Motion
Commissioner McCray moved to approve proposed Ordinance No. 02-017. Commissioner
Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0.
C. Resolutions:
None
D. Other:
Xlll. UNFINISHED BUSINESS:
None
XlV. ADJOURNMENT:
There being no further business before the City Commission, the meeting adjourned at 7:55 p.m.
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
April 2, 2002
CITY O,,F BOYNTON B~ACH
ATTEST:
C,; Clerk ~° P/~~
Recordin§ Secretary
(one tape)
Commissioner
S:\CC\WP\MINUTES\COM M\040202.doc
17
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE
Fill in the information called fox below and give to the City Clerk pri~or to the start of the City
Commission Meeting.
Name ,/f///~///g~/~ -f'?~'~ '~ ~ ,
Address ///~ ~; /
Telephone ~ ~' ~ -~
Summary of Matter to
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
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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.
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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 servicer 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
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Fill in the information called for below and give to the City Clerk prior to the start of the City
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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 eclual
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
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Fill in the information called for below and §ive to the City Clerk prior to the start of the City
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Addressed~~/C //~'~i~/~/d /~ ~- .
Summary of Matter to be
If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she
w/ll 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) 742-5013 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
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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} 742-5013 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
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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
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Fill in the information called for below and give to the City Clerk prior to the start of the City
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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.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quarterdeck Restaurant
APPLICANT'S AGENT: M. Troy Holloway / Gentile Holloway O'Mahoney & Associates, Inc,
APPLICANT'S ADDRESS: 1907 Commerce Lane, Suite 101 Jupiter, FL 33458
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 2, 2002
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: 3200 Old Boynton Road (northwest out-parcel of Wal-Mart)
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
. 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
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: _,~-_~.- (p~,
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QUARTER:DECK
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EXHIBIT "B"
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EXHIBIT "C"
Conditions of Approval
Project name: Quarterdeck
File number: NWSP 02-001
Reference: 2na review plans identified as New Site Plans.
and Zoning Department date stamp marking.
File # NWSP 02-001 with a March 5, 2002 Planning
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments:
1. Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per NFPA 1, (1997) Section 41-2.3.2.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
2. At the time of permitting, provide details for pavement, sidewalk, handicap X
ramps, handicap parking, parking stalls, swales, etc., showing compliance
with the City of Boynton Beach Standard Drawings and the LDR.
3. At the time of permitting, indicate to what standard(s) the project will be X
constructed. IfFDOT Standard Specifications for Road & Bridge and
Standard Index is to be used - the 2000 Specifications are recommended
since they have both English and Metric units.
4. At the time of permitting, place a stop bar and sign at the south end of the east X
driveway and at the east end of the south driveway to prevent traffic conflicts
between vehicles entering the site and those entering and/or leaving the
northeast parking area and turning left. Add a supplemental sign below stop
sign - "DO NOT BLOCK INTERSECTION" (MUTCD - Sign #R10-7).
COA
03/22/02
2
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
5. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
6. The restaurant and patio areas shall comply with Sections 5.1-5.4 of the X
Florida Accessibility Code for Building Construction, 1997 Edition. Clearly
show compliance on the floor plan and site plan.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
7. The applicant should indicate on the plans how to properly protect the two X
existing large Live Oak trees during site clearing and grubbing. This may
involve walling or welling around the trees root systems based on the final
elevations around the two trees. The comments and diagrams should be
placed on sheet L-1. All proper tree protection techniques must be completed
on the site prior to issuance of the clearing and grubbing permit.
PLANNING AND ZONING
Comments:
8. This project will require a cross-access agreement with the property to the X
south.
9. No building permit shall be issued until the Wal-Mart plat is recorded. X
10. The required parking for the project is based on the total number of proposed X
seats. The number of seats will be limited to 160 seats since 64 parking
spaces have been provided. This should be indicated in the tabular data.
11. The roots of the Ficus species can cause damage to public roadways or other X
pubhc works. No new Ficus hedges or are permitted (Chapter 7.5, Article II,
Section C.2.). The landscape plan proposes Green Island Ficus. Staff
recommends substituting this with either Red Tip Cocoplum, India
Hawthorne, or Florida Privet.
12. The existing plant material in the perimeter buffer along Old Boynton Road X
COA
03/25/02
3
DEPARTMENTS INCLUDE REJECT
will be maintained in order to be consistent with the Wal-Mart Supercenter,
Golden Corral, and Sonny's Bar-B-Q's perimeter landscaping. However,
staff recommends either reconfiguring the existing landscape material, adding
more landscaping or both to the satisfaction of staff to effechvely screen the
parking lot from the adjacent right-of-way.
13. Quarterdeck must obtain consent from Wal-Mart to propose landscape X
material outside Quarterdeck's (southern) property line and on Wal-Mart's
property.
14. Accent shrubs will be required along the north side of the dumpster enclosure X
(Chapter 7.5, Article 2, Section 5.J).
15. All above ground mechanical equipment such as exterior utility boxes, X
meters, transformers, shall be visually screened (Chapter 9, Section 10.C.4.).
Equipment placed on the walls of the building shall be painted to match the
color of the building.
16. The freestanding outdoor lighting fixtures shall be compatible with the X
lighting fixtures of the adjacent properties.
17. Indicate on page L-1 that the southern perimeter buffer shall contain a X
continuous hedge, planted at a minimum of 24 inches in height.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. .~,~ ~ X
MWR/elj
J:\SH RDATA\Planning\SHARED\WP\PROJECTS\Ouarterdeck\COA.doc