LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
Memorandum
PZ 02-021
FROM:
Quintus Greene, Director
Department of Development
Michael W. Rumpf, Director,f1~
Planning and Zoning
TO:
DATE:
RE:
January 18, 2002
Hall property site plan - "Lighthouse Grill Restaurant"
Application description and chronology
The above-referenced application was first filed in January of 1993. The application was for new site plan
approval for a 8,424-square foot (plus a 5,723-square foot deck), 242-seat restaurant proposed on 5.6 acres of
land on the north side of Boynton Beach Boulevard extended, opposite the Boynton Marina. This project never
received site plan approval, but instead was plagued with major issues and the loss of the project
agent/architect midway through the review process.
A chronological overview and summary of issues are listed below.
1) Original application was filed on January 19, 1993.
(Delays caused by discrepancies and deficiencies in application, and loss of project architect
causes application to exceed the 90-day time period and therefore application expired).
2) Second submittal was filed on April 1, 1994.
3) Application forwarded to CRAB (Community Redevelopment Advisory Board) April 9, 1994 with a
recommendation for denial due to the magnitude of issues. Tabled to allow needed time to resolve
issues.
4) Applicant opposes payment of 2nd application fee and requests waiver by City Commission.
5) City Commission, on June 7,1994 approves 1st extension of application to April 1, 1995, in lieu of
fee waiver.
6) Applicant requests 2nd waiver of fee on June 2, 1995.
7) City Commission, on May 2, 1995 approves 2nd extension, to April 1, 1996, again in lieu of fee
waiver.
The extensive issues generated by this project, in part, included the following:
1) Lack of permits for alteration of wetland/mangroves and or mitigation;
2) Drainage system design deficiencies;
S:\PLANNING\RUMPF\L1GHTHOUSE GRILL REST MEMO 1-18-02.DOT
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January 18, 2002
Lighthouse Grill Restaurant memo
3) Lack of DOT permit/approval for site design including parking areas within existing or planned DOT
Right-Of-Way (it was hoped that DOT would allow project parking beneath bridge, which at that
time was planned at Boynton Beach Boulevard);
4) Excess number of driveways per code;
5) Deficient traffic study and lack of road capacity; and
6) Approximately 37 comments alone from the Planning and Zoning regarding Department plan
deficiencies and discrepancies.
Our records lack any further current information beyond that described herein. Therefore, I must assume that
the project was either abandoned or withdrawn.
S:\Planning\Rumpf\Lighthouse Grill Rest Memo 1-18-02.dot
S:\PLANNING\RUMPF\L1GHTHOUSE GRILL REST MEMO 1-18-02.DOT
MINUTES OF THE COMMUNITY REDEVELOPMENT ADVISORY BOARo MEETING HELD IN
CONFERENCE ROOM C. WEST WING. CITY ~LL. BOYNTON BEACH. FLOftIDA~
ON MONDAY. MAY 9. 1994. AT 6:30 P~ M.
PRESENT
Lloyd Powell, Chainman
Daniel Richter, Vice Chainman
Conrad McEwen
Ann Ford, Downtown District Coordinator
ABSENT
Peppi Anne Greco
Harvey Oyer, Alternate
1. CALL TO ORDER
Chainman Powell called the meeting to order at 6:50 P. M. The Recording
Secretary called the roll. In addition to the Board members and Ms. Ford, also
present were Assistant City Manager Carrie Parker, Planning and Zoning Director
Tambri Heyden, Zoning and Site Development Administrator Mike Haag, Janet Hall,
and Gerald Taylor of the County.
2. AGENDA APPROVAL
At the request of Chainman Powell, Item 6.C. was added to the agenda and
discussed next.
6. NEW BUSINESS
C. Lighthouse Grille
Mr. Haag reviewed staff's report and the site plan submitted by Janet Hall for
the Lighthouse Grille, a two-story restaurant located east of Federal Highway.
He used an overhead projector and displayed colored elevations during his pres-
entation. This project is 8.23 acres.
Mr. Haag advised that the traffic report submitted by the project engineer did
not meet the traffic standards of Palm Beach County. Vice Chainman Richter
asked how the applicant is going to confonm with concurrency without an excep-
tion. Ms. Hall advised that the architect has been instructed to reduce the
number of seats in the restaurant.
Mr. Haag advised that the plans submitted by the engineer do not meet the levels
of service with regard to drainage.
Mr. Haag stated that the landscaping proposed for the site meets the landscape
code. However, one of staff's biggest concerns is that this entire site is in a
protective mangrove area.
Mr. Haag advised that this project is in compliance with the building and site
regulations. In addition, it is located in a coastal village design district
- 1 -
MINUTES - COMMUNITY REDEV~LOPMENT ADVISORY BOARD
BOYNTON BEACH. FLORIDA
May 9. 1994
week and she will have the plans by Wednesday. The contractor is out of the
country but is expected to return next week. He will do a reduced scope of
services on the contract.
B. FOOT/Federal Highwey Resolution
Ms. Ford wondered if the Board would be interested in sending a resolution to
FDOT, request~ that they not improve Federal Highway.
As a property oWrler in the affected area, Chairman Powell was against this proj-
ect and in favor of such a resolution. He advised that he has already written
to Senator Bob Graham, who has written to the Federal Highway Administration
regarding this issue.
Vice Chainman Richter stated that the parking lane is vital to businesses in
this area. Mr. McEwen agreed.
Ms. Ford suggested recommending utilizing the existing bicycle path and
~
providing proper signage. She felt this would be more scenic and less
dangerous. She pointed out that the City just spent $10,000 on each median,
with FDOT approval, and would like to request that they not rip up these newly
planted medians.
Chairman Powell advised that in his letter to Senator Graham, he suggested that
the dollars allocated for this particular stretch of US 1 could better be spent
to complete killer highway US 27 at an earlier date. Chairman Powell also
agreed that the onstreet parking is vital to many businesses in this area.
Chairman Powell dictated a draft proposed resolution to the Recording Secretary.
(A copy of this document is attached to these minutes.)
Motion
Mr. McEwen moved to approve to pass this resolution. Vice Chainman Richter
seconded the motion, which carried 3-0.
7. ADJOURtltENT
There being no further business to come before the Board, Vice Chairman Richter
moved to adjourn the meeting at 8:07 P. M. Mr. McEwen seconded the motion,
which carried 3-0.
.,L~
Eve Eubanks
Recording Secretary
(Two Tapes)
- 3 -
MINUTES ~~ THE REGULAR CITY COMMISSION ME~ING
HELD IN C0M4ISSIOL IHAMBERS. CITY HALL. BOYNTON BL .... FLORIDA';;~"'L4<::,!1'~'}:<."';:' '."
ON TUESDAY. JUNE 7. 1994 AT 6:30 P.M. . .'
I
,
PRESENT
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Lynne Matson, Vice Mayor
Matthew Bradley, Mayor Pro Tern
Jose Aguila, Commissioner
David Katz, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
A. Call to Order - Vice Mayor Lynne Matson
B. Invocation - Henry Ackenmann - Congregational Church of Christ
C. Pledge of Allegiance to the Flag led by Commissioner David Katz
Vice Mayor Matson called the meeting to order at 6:30 p.m. Reverend Henry
Ackermann offered the invocation, followed by the Pledge of Allegiance to the
Flag which was led by Commissioner Katz.
Vice Mayor Matson explained the method she planned to use in running the
meeting. She advised that Chief Dettman would maintain order and make sure
people are seated during the meeting.
D. Agenda Approval:
1. Additions, Deletions. Corrections
Mayor Pro Tern Bradley deleted Item IX.B.1.a, 111-95 Landscaping" and added,
IITri-County Gang Task Force Reportll.
City Attorney Cherof deleted Item X.A.3. since it already appears as a first
reading Ordinance under X-B.4. This Ordinance must be readvertised since there
is a change in the title.
/
City Manager Parker added Richard Stone to the Employee of the Month award for
May. Bill McLain and Richard Stone worked as a team.
Vice Mayor Matson added Item IV.A.3, "Recognition of Harry Romanoll.
Vice Mayor Matson requested that Item IX.E be tabled until Janet Hall IS arrival.
If the meeting is concluded before Ms. Hall arrives, this item will be tabled
until the next meeting.
2. Adoption
Commissioner Aguila moved to accept the agenda as corrected. Mayor Pro Tern
Bradley seconded the motion, which carried unanimously.
II. ADMINISTRATIVE:
A. Accept resignation from Diane Tidwell. Regular Member.
Children & Youth Advisory Board
Commissioner Aguila moved to accept the resignation of Diane Tidwell. Commis-
sioner Katz seconded the motion, which carried unanimously.
- 1 -
MINUTES - REGULAR ~-TY COMMISSION MEETING
BOYNTON BEACH.. FLciIIoA . ,j; d.', " '.' {" ~ ~.
JUNE 7..1994;7' ",4.-
1. Appointment~ to be made: ." ~ ..', ,'<.. f
_........,......,., .
Appo1ntment Regl Length of Term
To Be Made Board Alt Expiration Date
II Bradley Education Advisory Board Alt Term expires 4/95 TABLED
III Aguila Comm. Redev. Advisory Bd. Reg Term expires 8/96 TABLED
I I Bradley Board of Adjustment Al t 2 yr term to 4/96 TABLED
I Katz Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 4/95 TABLED
III Agu il a Cemetery Board Alt 1 yr term to 4/95 TABLED
Mayor Ha rmen i ng Children & Youth Advisory Reg 2 yr term to 4/96 TABLED
I I Bradley Children & Youth Advisory Alt 1 yr term to 4/95 TABLED
II Bradley Library Board Alt 1 yr term to 4/95 TABLED
Mayor Harmening Nuisance Abatement Board Alt 2 yr term to 4/96 TABLED
II Bradley Education Advisory Board Alt Term expires 4/95 TABLED
Mayor Harmening Planning & Development Bd. Reg Term expires 4/96 TABLED
I Katz Education Advisory Board Reg 2 yr term to 4/96
II Bradley Education Advisory Board Reg 2 yr term to 4/96
III Aguila Education Advisory Board Reg 2 yr term to 4/96
IV Matson *Senior Advisory Board Reg 2 yr term to 4/96
Mayor Harmening *Senior Advisory Board Reg 2 yr term to 4/96
I Katz *Senior Advisory Board Reg 2 yr term to 4/96
II Bradley *Senior Advisory Board Alt Term expires 4/95
III Agu il a *Senior Advisory Board Alt Term expires 4/95
IV Matson Children & Youth Advisory Reg Term expires 4/95
*Upon review of current Code, staff realized that the terms for the Senior
Advisory Board expire in April.
In response to Vice Mayor Matson's question, Mayor Pro Tem Bradley advised that
he had no one to appoint to any of the previously tabled appointments.
Commissioner Aguila requested his Regular appointment to the Community Redevel-
ment Advisory Board be removed from the table. Commissioner Katz requested his
Alternate appointment to the Building Board of Adjustment and Appeals be removed
from the table.
Motion
Commissioner Aguila moved to remove the two tabled items from the table. Mayor
Pro Tem Bradley seconded the motion, which carried unanimously.
Commissioner Aguila appointed Gerald Taylor as a Regular member of the Community
Redevelopment Advisory Board, without objection.
Commissioner Katz appointed Ronald J. O'Donnell as an Alternate member of the
Building Board of Adjustment and Appeals, without objection.
Commissioner Katz appOinted Erin Snow as a Regular member of the Education
Advisory Board, without objection.
Mayor Pro Tem Bradley appointed Marshall Friedland as a Regular member of the
Education Advisory Board, without objection.
- 2 -
MINUTES - REGULAR CITY C~~SSION MEETING
BOYNTON BEACH. FLORIDA
'-',
.~'>. '~~.t-'i;<~.Y~F: ;..7..?'J9~4... ." ;. "
Mot1on
, Corrmis's'ioner' Aguila moved to table his 'Regular apPointment'to'theEducat'16n' ~h''''';'.
Advisory Board. Mayor Pro Tern Bradley seconded the motion. (No vote was polled
on this motion.)
Vice Mayor Matson appointed Bill Miller as a Regular member of the Senior
Advisory Board, without objection.
-" - .'>>.... .~
Mayor Harmening1s Regular appointment to the Senior Advisory Board was tabled.
Corrmissioner Katz appointed Rebecca Easterday as a Regular member of the Senior
Advisory Board, without objection.
Mayor Pro Tem Bradley tabled his Alternate appointment to the Senior Advisory
Board.
Corrmissioner Aguila appointed Patti-ann Hopkins as an Alternate member of the
Senior Advisory Board, without objection.
Vice Mayor Matson tabled her Regular appointment to the Advisory Board on
Children and Youth.
Motion
Commissioner Aguila moved to table all remaining appointments. Mayor Pro Tem
Bradley seconded the motion, which carried unanimously.
Vice Mayor Matson announced that Mayor Harmening is in Canada on vacation.
B. Change Order No. 1 for the Local Area Network Contract w1th
Engineering Software Services for the purchase of two additional
personal computers and memory upgrades to the new and ex1sting
personal computers
Commissioner Aguila questioned why the two personal computers being purchased
are not already equipped with the 4MB memory upgrade.
Peter Mazzella, Assistant to the Utilities Director, advised that when the
package went out for bid, it was bid as 4MB units. When the bids were received,
the new version of Wordperfect Windows came out. The manufacturer recommended
upgrading the computers; therefore, all personal computers are being upgraded at
this time.
Motion
Commissioner Aguila moved approval. Mayor Pro Tem Bradley seconded the motion,
which carried unanimously.
C. Manhole Replacement - Rainbow Lakes - Authorization to piggyback Palm
Beach County bid and contract to replace manhole 1n Rainbow Lakes
Motion
Commissioner Aguila moved approval of staff's recommendation. Mayor Pro Tem
Bradley seconded the motion, which carried unanimously.
- 3 -
MINUTES - REGULARO~Y COMMISSION MEETING
BOYNTON BEACH. FL 'A
....,
. ' '"". JUNE "7i'''1994;''"',\,~\'"
. I I I ., . ' . CONSENT AGENDA:
..:. ~ "" . ~.. ,- "
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A. Minutes:
1. Regular City Commission Meeting Minutes of May 17. 1994
B. Bids - Recommend Approval - All expenditures are approved in the
1993-94 Adopted Budget
1. One (1) 1994 Ford 15.000 lb. gross vehicle weight rating with
utility body and auto crane - Utilities Department
The Tabulation Committee recommends awarding this item to Rowland Equipment
Company, Inc., of Miami, Florida, in the amount of:
Chassis/Utility Body - $29,604.20
Heavy Crane 15,800.00
Combined Total $45.404.20
Rowland Equipment Company, Inc. is the lowest, most responsive, responsible
bidder who meets all specifications per Public Works Department Memorandum
#94-147 from Carel Fisher to Carrie Parker dated May 18, 1994.
City Manager Parker reminded the Commission that the approval requested is only
for the 1994 Ford utility body and auto crane. No additional vehicles are
involved in this request for approval.
2. One (1) new and unused fonms burster/base with a trade-in used by
Data Processing to separate water bills and other fonms.
The Tabulation Committee recommends awarding the bid to Tab Products Company of
Miami, Florida, in the amount of $6,048.90 with $100 trade-in; therefore, the
cost will be $5,948.90.
There were three alternate bids for a Duplo V-740. The Duplo V-740 does not
meet minimum specs. Therefore, we recommend Tab Products as submitting the
Model 2566 which is a pin feed machine. This model meets all specs as required
per Data Processing Memorandum No. 94-35 from Michael Munro to Lana Koester
dated May 26, 1994.
3. Pipe Fittings and Accessories to establish an open purchase
contract for various pipes. fittings and accessories used by
Utl1ities
The Tabulation Committee recommends awarding the bid to various vendors to cover
the overall low bid within each lot. A tabulation sheet provided the award
amounts for Bid #037-401-94/VSMG.
The recommended awards were calculated by multiplying the estimated quantity of
an item by the unit price submitted by each vendor and adding together the
extensions for a lot total. The lowest overall lot total is the vendor recom-
mended for award. Items #125 - 139 were awarded to the third lowest vendor due
to shipping restrictions of the first and second low bidders. Utilities
Memorandum #94-162 from John Guidry to Lana Koester dated May 23, 1994 provides
a detailed explanation.
- 4 -
MINUTES - REGULAR CITY C~lSSION MEETING
BOYNTON BEACH, FLORIDA
.... "./ ... '. . ,
JUNE 7, 1994, '<':.'-
(. :
,,,.l _.'.
C. Resolutions:
.,1. Proposed Resolution No. R94-84 Re: . Author1Zeacceptance' 'of a " '". ,.,
deed from Meadowood Groves, Inc., and R. Bradford Arnold, to the
City of Boynton Beach (five-acre parcel park site located upon
the property owned by Meadowood Groves, Inc., within the
Knollwood Planned Unit Development) .................... TABLED
This Resolution conveys to the City the five acres of park land
required per the agreement between the City and Meadowood Groves
(a/k/a Knollwood Groves).
In response to Commissioner Katz' question. City Attorney Cherof advised that
this Resolution will come off the table at the next City Commission meeting.
2. Proposed Resolution No. R94-90 Re: Designating authorized indi-
viduals to prepare, sign and countersign checks. vouchers and
withdrawal slips drawn on City depositories, designating posi-
tions. rather than named individuals.
3. Proposed Resolution No. R94-91 Re: Ratification of South
Central Regional Wastewater Treatment and Disposal Board action
of April 21. 1994 approving Change Order #1 in the amount of
$17,993 increasing J. J. Kirlin contract for the Repair and
Replacement Projects Sinking Fund to $1.106,892. Final Payment
due $82,588 including retainage.
4. Proposed Resolution No. R94-92 Re: Ratification of South
Central Regional Wastewater Treatment and Disposal Board action
of April 21, 1994 approving agreement between South Central
Regional Wastewater Treatment and Disposal Board and Inter-
national Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO,
for the period April. 1994, through September, 1996.
5. Proposed Resolution No. R94-93 Re: Authorize execution of Water
Service Agreement for Scott and Jody Sorrels, a single-family
home located at 3601 Old Boynton Road between Congress Avenue and
Lawrence Road in the unincorporated portion of Palm Beach County.
6. Proposed Resolution No. R94-94 Re: Authorize execution of Water
Service Agreement for Lawrence Oaks-Oriole Inc., a 42-acre parcel
of undeveloped land located on the west side of Lawrence Road
between Hypoluxo Road and Miner Road.
Mayor Pro Tem Bradley requested Proposed Resolution No. R94-94 be removed from
the Consent Agenda for discussion.
7. Proposed Resolution No. R94-95 Re: Authorize execution of spe-
cial warranty deed conveying City-owned property to Lanina C.
Lawson for new home construction as participants in the City of
Boynton Beach In-Fill Housing Program
D. Approval of Bills
Commissioner Aguila requested the Approval of Bills be removed from the Consent
Agenda for discussion.
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MINUTES - REGULAR r'-y C0t44ISSION MEETING
BOYNTON BEACH. FLO~A
~
.~ ,'..' JUNE '7,~1994,',; ..
E. Approve budget trlnsfer from the Contingency Fund to cover moving
expenses. for. Johnettl. Broomfield .lndto blllnce_ .Out,lccount. for. ,t ."
Dentll Insurlnce for the City Conm1ss10n." .
The expenses totaled $2,709 and the items have been moved. Also, the other
transfer is to cover a shortfall in the Dental Insurance account.
F. Approve Records Destruction Request for the Finlnce Department.
This request covers the destruction of utility customer records, cash payment
stubs, billing register and statement summary reports. Request #273 has been
approved by the State.
G. Acceptance and acknowledgement of Clstoff's Square Dance Club dona-
tion to the Recreation and Park Department
The Castoff's Square Dance Club has again provided a donation of $2,200. A
thank you letter was sent on May 24, 1994 by Charles Frederick.
H. Request for transfer of Cemetery Lots 18B and 19A. Block Y. Boynton
Beach Memorial Park.
This is a transfer of cemetery lot ownership from one person to another. A
transfer fee of $25 is required. As outlined in City Clerk Sue Kruse's
Memorandum No. 94-67, Gladys B. Goldberger requests pennission to transfer these
lots to Peggy E. Goldberger.
Motion
Commissioner Aguila moved to approve the Consent Agenda with the exception of
Items C.6 and D. Mayor Pro Tern Bradley seconded the motion, which carried
unanimously.
6. Proposed Resolution No. R94-94 Re: Authorize execution of Water
Service Agreement for Lawrence Oaks-Oriole Inc., a 42-acre parcel
of undeveloped land located on the west side of Lawrence Road
between Hypoluxo Road and Miner Road
Mayor Pro Tem Bradley asked for a legal opinion regarding the status of these
water service agreements and some suggestions with regard to how the City
Commission should move in tenns of annexation in the future. Attorney Cherof
will bring this information back at the next meeting.
Vice Mayor Matson stated that since this property is now contiguous. a motion to
approve should be subject to voluntary annexation.
City Manager Parker said one of the conditions of the water service agreement is
that the property owner VOluntarily annexes into the City when the property
becomes contiguous. This parcel is now contiguous and the motion should include
the processing of the voluntary annexation concurrent with the execution of the
water service agreement.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R94-94 concurrent
with the processing of the VOluntary annexation. Commissioner Katz seconded the
motion, which carried unanimously.
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MINUTES - REGULAR CITY C~SSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 7 f';19~f~".
,.,-'" ,~)-
D.. Approv~l of Bl1ls
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A copy of the bills is attached to the original copy of these minutes on file in
the City Clerk's Office.
Commissioner Aguila questioned whether Bill #8 covered the purchases for the
Police Department. City Manager Parker responded affirmatively.
Commissioner Aguila questioned whether Bill #13 was a bid item. Charles
Frederick explained that this purchase of playground equipment was piggybacked
on the Palm Beach County School Board bid, which was approved in conjunction
with the parks project. City Manager Parker confirmed with Mr. Frederick that
this was considered a bid process.
Commissioner Aguila inquired as to the work being done by Gee & Jenson which is
covered under Bill #16. Ms. Parker stated that this is in conjunction with the
COBG Services. Gee & Jenson is overseeing the contract for the City. At
Commissioner Aguila's request, Ms. Parker will supply a copy of the report on
the test and balance of the air conditioning units.
Under Bill #45, Commissioner Aguila questioned the percentage of completion, or
total contract sum. Mr. Frederick advised that the total contract price for
both parks is approximately $900,000. Rockland Construction is approximately
70% through construction at this point.
Motion
Commissioner Aguila moved approval of the Bills as submitted. Commissioner Katz
seconded the motion, which carried 4-0.
VICE MAYOR MATSON DECLARED A FIVE-MINUTE RECESS.
IV. ANNOUNCEMENTS & PRESENTATIONS:
Vice Mayor Matson recognized the presence in the audience of Jerry Taylor,
County Commissioner Mary McCarty's administrative aide. She thanked Commis-
sioner McCarty for Mr. Taylor's presence and for her interest in City matters.
A. Announcements:
1. Gun Buyback Program to be held June 25. 1994, from 12:00 to 5:00
p..., at two Boynton Beach locations (Freedom Hall Civic Center
located at 128 East Ocean Avenue and the Boynton Ch1ld Care
Center located at 909 NE 3rd Street)
Vice Mayor Matson made this announcement. This program is sponsored by the Palm
Beach County Guardians, local clergy and concerned citizens. Twenty-five
dollars will be paid for every gun turned in. Two flyers are available in the
City Hall lobby. One flyer only explains the program, while the other flyer
explains the program and provides addresses where contributions and donations
can be sent to assist this program. Homeowners. associations, charitable
organizations, fraternal organizations and businesses were encouraged to donate
to this worthy program.
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MINUTES - REGULAR r.TY COMMISSION MEETING
BOYNTON BEACH. FLO~A
,.,
JUNE 7. 199..~. ;.';"".1>-';.'
. _ ~.,_1. - ~,;
2. State-wide hurricane exercise (recovery phase only) June 15. 1994 .~.
Chief Jordan will provide an update to the City Conmhsion' . ,
Floyd Jordant Fire Chief, advised that on June 15tht the State of Florida will
conduct a state-wide hurricane exercise. Palm Beach County and Boynton Beach
will participate. There will be a scenario of a Category 4 hurricane which will
hit Palm Beach County in the morning and exit to the Gulf of Mexico by the
afternoon. Our existing plan will be tested and, if necessary, corrections or
adjustments will be made. This exercise will not require any overtime.
City Manager Parker announced that Fire Chief Jordan has been appointed as the
City's Emergency Manager in addition to his duties as Fire Chief.
3. Recognition of Harry Romano
Vice Mayor Matson recognized Harry Romano for his work in collecting $6,000 for
the March of Dimes. A Certificate of Appreciation will be prepared for presen-
tation at the next City Commission meeting.
B. Presentations:
1. Employee of the Month - April, 1994 - ~avon Shamloo. Data
Processing Department
At the podium, Vice Mayor Matson and City Manager Parker recognized the out-
standing accomplishments of Mr. Shamloo. He was nominated by the Building De-
partment after assisting them with an equity study of occupational licenses.
Mr. Sham100 developed a variety of scenarios with computer programming to ana-
lyze occupational licenses and different levels of taxes to be presented to the
City Commission. He attended many evening meetings of the Commission on his own
time. Ms. Parker presented Mr. Shamloo with a plaque for outstanding service
for the month of April.
2. Employees of the Month - May. 1994 - Bill McLain and Richard
Stone. Utilities Department
At the podium, Vice Mayor Matson and City Manager Parker recognized the
outstanding accomplishments of Bill McLain and Richard Stone. She advised that
originally, only Bill McLain was nominated for this award. Upon learning of his
nomination, Mr. McLain phoned to advise that this was a team effort. On
March 22nd, the West Water Treatment Plant was disabled when it was struck by
lightning. Because of the efforts of these two gentlemen, the Plant was back on
line within nine hours, which saved the City thousands of dollars in outside
contractor fees and two to five days of Plant shutdown time which could have
resulted in lost revenue. Ms. Parker presented plaques to both gentlemen.
Mr. McLain thanked Messrs. Kenyon and Ailstock for the nominations and recogni-
tion. Mr. McLain feels this recognition program should continue since it
provides a good incentive. Mr. Stone agreed with Mr. McLain's remarks.
3. Certificates of Appreciation to School Crossing Guards
Vice Mayor Matson presented Certificates of Appreciation to Denise Baldwin,
Willie Denson, Gayle Katz and Mack Sloan. She thanked each employee for the
important role they play in the safety of our children.
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MINUTES - REGUlAR CITY C~~SION MEETING
BOYNTON BEACH, FLORIDA
JU~E 7., 1.199~f .
i
4. Presentltion by Commissioner ~ltz reference Floridl Marlins
GaJne ... ... C'."!" .
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Commissioner Katz advised that there will be a Boynton Beach Night at Joe Robbie
Stadium on June 30th. Commissioner Katz asked Melody Green of the Recreation
and Parks Department to help identify four students who had overcome a struggle
and succeeded during the school year. The following four students will be
awarded a ticket to this baseball game in recognition of their achievement:
Neftl11 Mateo is in the third grade at Rolling Green Elementary School.
Through tutoring after school, he has improved his overall report card
grades. Before tutoring, he did not take school seriously. We are
proud of his perseverance and encourage his enthusiasm.
FenelU Deme~1n is a third grader at Rolling Green Elementary School.
He has matured and improved this year. In a recent nationwide
scholastic test he increased his math perfonmance considerably which
moved him up to the next core topic. We are proud of him.
Shawwana Foster is eight years old and attends Poinciana School. She
was unable to read at the beginning of the school year, but she worked
on a continuous schedule with an improved attitude towards learning.
She can now read and sound out words. She is in the "Hooked on Phonics"
program.
Gene Mor1ssett is eight years old and was having difficulty with math at
the beginning of the school year. He learned the basics of addition
and subtraction and is encouraged by his accomplishments. He finishes
his assignments and has learned to work independently.
Carolyn Sims, Recreation Supervisor III, will coordinate and transport the
younsters to the Marlins/Braves game.
5. Procl~tions:
a. Recognition of the fonmat10n of I new Sons of Italy Lodge
and welcoming them to the City of Boynton Belch
At the podium, Vice Mayor Matson read a Proclamation welcoming the new Order
Sons of Italy in America Boynton Beach Lodge #2679 to the City of Boynton Beach.
As a former member of this organization, Vice Mayor Matson is proud to have this
organization in the City.
Joe VOCCOll, President, said he is privileged and honored to accept the Proclam-
ation and assured the Commission that this Lodge will make the City proud.
b. Code Enforcement Officers' Appreciation Week -
June 6 through 12. 1994
Vice Mayor Matson read a Proclamation declaring the week of June 6-12, 1994 as
Code Enforcement Officers' Appreciation Week.
V. BIDS:
None
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MINUTES - REGULAR r.~Y COMMISSION MEETING
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.....
JUNE 7, 1994,.~;,~';.^, '
VI. PUBLIC HEARING:
. . ~.
None
"'<.' ...f.
VII. PUBLIC AUDIENCE:
Raychel Houstont 600 NW 10th Courtt circulated photos depicting the situation in
her community as a result of the work done in relation to the Costa Bella
drainage problems. Although corrections have been made, those corrections have
worsened the problems. She complained about one of the driveways and major
damage to the street line. When her driveway was framed out, one side fell out
and it was thicker on one side. They shaved it, and now she experiences
standing water in the driveway. When the sidewalk was replaced, globs of
concrete dropped onto the sidewalk. When the grinder was used on those areas,
they damaged the sidewalk. Ms. Houston stated that she is not happy with the
results of this work.
In response to Commissioner Katz' question regarding whether or not the contrac-
tor has been paid in full, Ms. Parker responded negatively. She advised that
the City Engineer was sent to the site to advise the contractor that the City
Commission did not want grinding of the driveway. She will investigate to see
why they did not replace the driveway instead of grinding it.
Ms. Houston said there are a lot of gouges in the street and there are concrete
patches spilled allover the sidewalks.
Commissioner Katz requested a consensus of the Commission not to pay the final
bill until the community looks the way it did before the work commenced.
Ms. Parker advised that the City bid the contract to patch the street in an
acceptable form. It was not bid to resurface the entire street. If the patches
are done according to engineering specifications, they will remain. Commission-
er Aguila confirmed that the patches may be aesthetically unpleasing, but if
they are done according to specifications, there is nothing wrong with the job.
Commissioner Aguila is concerned with some of the edge work. He intends to
visit the community to view the situation with the driveways and concrete work.
In response to a remark made by Ms. Houston regarding the City's expense being
lessened when it was able to purchase the right-of-way, Commissioner Aguila
advised that the City never had any money set aside for this work to begin with.
However, by purchasing the right-of-way, the City spent less than originally
anticipated.
Ms. Houston said the grinding resulted in the appearance of footprints along the
sidewalk. Commissioner Aguila agreed that is unacceptable since grinding expo-
ses the aggregate and weakens the sidewalk. If that was done, the sidewalks
will have to be redone. City Manager Parker confirmed that this project was
videotaped prior to the work commencing.
Mayor Pro Tem Bradley feels there are enough safeguards in place to properly
complete this project.
Commissioner Aguila stated that Johnson & Davis is a reputable firm. He will
investigate this situation, and if necessary, he will speak the the represen-
tatives. He also agreed with holding off the final payment until they have met
the intent of the contract.
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BOYNTON BEACH. FLORIDA
JUNE 7. 1$9~., _ 0 ",.
Joleen Rasmussen. 508 NW 10th Court. said her driveway was the one to be redone.
-During discussions with Ms. Parker, Ms. Houston's driVeway was only lightly"""''''''
addressed. Regarding the street, she was confident in Commission assurances
that when the project was completed, the street would not be drastically dif-
ferent from what was there before. Patches in the street make it visually dif-
ferent. The street in front of her home has many small gouges which the City
did not specify for patching. The City Engineer marked a certain number of
areas to be patched and left the remaining gouges unmarked. If all gouges are
patched, the area in front of her house and thirty additional feet would have to
be repaved. There is a 251 gouge which was not marked and there are approxi-
mately ten small gouges in front of her house. The residents did not expect the
street to be in this condition when the job was completed.
Commissioner Aguila explained that the patches will even out in a short period
of time so that they will not be noticeable. Vice Mayor Matson agreed with this
remark and explained that approximately 600 patches were done within her com-
munity. Those patches have blended in.
Ms. Rasmussen requested a phone call from Commissioner Aguila following his
review of the situation.
Nello Tineri, 1209 NW 7th Street, spoke of the cement wall on the east side of
NW 7th Street. This area is experiencing burglaries on a regular basis. The
residents on the east side are frustrated because nothing is being done about
this situation. Mr. Tineri stated that no one knows who owns the cement fence.
He requested the City Commission's help in finding out who owns the fence and
what can be done about it. He suggested putting an extension on top of the wall
to try to prevent the burglaries. He further suggested putting an extension of
the wall along the canal.
In response to Commissioner Aguila's question, Mr. Tineri advised that this
fence is located on West Industrial Avenue and Boynton Beach Boulevard. Commis-
sioner Aguila remembered previous discussions wherein a statement was made that
the developer of the homes had erected that wall.
Michael Munro, Director of Data Processing, said the fence is in the right-of-
way and it was put up when the road was extended.
Don Jaeger, Building Official, confinmed that the fence is in the right-of-way
which is a five foot limited access dedicated to the City. By plat, it was the
maintenance obligation of the West Industrial Avenue Homeowners' Association.
However, that Association never legally fonmed. At this point, there is no one
maintaining the wall.
Commissioner Katz pointed out that Lake Worth Drainage District would have a
problem with extending the wall to the canal since they require a right-of-way.
Commissioner Aguila suggested City Manager Parker bring back options to the
Commission in this regard. He is opposed to adding anything to this wall. Ms.
Parker pointed out that even if the City added to it, there would still be a
gap. The City is not maintaining the fence at this point.
Mr. Tineri commended the Police Department for the quick response he receives
whenever he contacts them.
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JUNE 7. 1994._~_
Barbara Covington. 1210 SW 26th Avenue. lives in Golfview Harbour. When
contracting to purchase her home in June, 1993, there was a contingency to t
repa i r any rotted wood on the dock and' check that the' seawall and boathouse ."'" ~'" f
were legally permitted by the City as they stood. When the closing occurred at
the end of July, 1993, the seller had contacted an engineering firm who had the
guidelines per the City, and had submitted as-built drawings with an application
for permits to make the existing structures legal per City laws. She was
assured that everything had been submitted to the City, and this situation would
eventually be taken care of.
Three weeks ago, Mrs. Covington was served with a Notice of Violation because
the application for this penmit had been denied. This was due to the fact that
the engineer would not certify that the existing structure meets the existing
Code. The structure was built before Hurricane Andrew, and built to the Code
that existed at that time. The only way this structure can now meet Code would
be to remove it. If this structure is not in compliance with a permit issued by
the end of the week, it will be turned over to Code Enforcement for a hearing.
During a homeowners' association meeting in Golfview Harbour, it was determined
that a high percentage of the structures along the canal in Golfview Harbour
were built without permits.
Mrs. Covington feels she is being singled out by selective enforcement because
she drew attention to the structure in attempting to obey the rules of the City.
The cost of tearing down and hauling away the structure places an unfair burden
on the homeowners and decreases property value. She suggested these structures
be grandfathered in at this point. Furthermore, she is now worried that because
of her attempt to permit the structure, a lot of other people in the community
will be cited because attention has been drawn to the subdivision.
Mrs. Covington said she cannot afford to tear down the structure. She requested
help from the City Commission in resolving this situation.
Vice Mayor Matson is concerned with the fact that attention has been brought to
this community as a result of Mrs. Covington trying to legalize the structure.
She feels it is the City's responsibility to do something about this situation
for all of the people in this situation.
Commissioner Aguila explained that the Codes have not changed since Hurricane
Andrew. He asked Mr. Jaeger to explain this situation.
Don Jaeger, Building Official, said there was a complaint to Code Enforcement.
They cited the violation because there was no permit issued for the boat dock.
The application was submitted and comments were made. The engineer never
responded to the comments. Six months passed and the application voided. It
was referred back to Code Enforcement. The engineer refused to certify the
structure because he felt it was in very bad condition. The City cannot permit
something when an independent engineer says it does not meet Code.
Commissioner Aguila pointed out that an engineer cannot say a structure does not
meet our Codes unless he has done a structural analysis. Mr. Jaeger advised
that the engineer drew up plans which were incomplete. He was given the option
of completing the plans and specifying that the plans comply with Code and going
to the site to certify that it complies with Code, or drawing complete plans and
letting the City determine that at the site it complies with Code. The engineer
stated that this has damaged structural members and he would not certify it.
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JUNE 7. 1994
, ,'~..':.
Mr. Jaeger also stated that since this was submitted and the application voided,
the City Manager directed staff not to issue boat dock permits. Also, this boat
dock is not on the Covington property. It is on City property;' Comnissioner-'"
Aguila pointed out that when these people purchased the home, the dock was
existing. They are trying to make it acceptable and usable. The City should do
whatever it can to reach that goal.
Roy Covington said this structure was not cited until after the permit was
requested. Gator Engineering noted on the drawings that the dock probably met
all the Codes at the time it was built. He also noted that it showed nonmal
weathering and aging. Nothing in the report indicated structural supports being
bad. The engineer could not certify that it meets today's Codes.
Attorney Cherof feels this subject matter is appropriate for Code Enforcement or
staff and the City Attorney to deal with before it reaches Code Enforcement.
This should not be preconsidered or prejudged by the City Commission.
Vice Mayor Matson asked that the June 10th deadline be put on hold while this
problem is addressed by staff. City Manager Parker explained that this is the
first time she or the City Attorney have heard about this situation. There are
a number of special dock permits the City Manager's Office has recently been
made aware of. She will investigate this situation and set up a meeting with
the affected departments and City Attorney's Office to try to get this issue
resolved.
Commissioner Aguila explained that there are many things in this City which were
built many years ago. The assumption should be that they were built legally at
that time. There should not be a presumption that they are automatically
illegal. He is sympathetic to the frustration these people feel about being
penalized for trying to do something good. He feels the City should try to help
them solve their problem. Mr. Jaeger agreed with Commissioner Aguila, but
pointed out that the City Attorney infonmed him that there is no type of grand-
father clause in this State; therefore, they are not permitted the latitude to
use common sense.
VIII. DEVELOPMENT PLANS:
None
IX. NEW BUSINESS:
A. Items for discussion requested by Vice Mayor Lynne Matson
1. Report on Directions '94
Vice Mayor Matson reported that she was very honored to have been chosen the
only Vice Mayor to participate in the three-day conference. It was a very busy
conference. At previous meetings, eight priorities were targeted. Those
targets were education, economic development strategies, at-risk population and
areas, safe communities, families and neighborhoods, intercultural and race
relations, leadership and conflict resolution.
The participants were divided into fifteen groups. The group changed three
times. There was wonderful dialogue among Vice Mayor Matson's group because of
their diverse backgrounds. This group tackled education with a small amount of
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JUNE 7 t 1994.",..~ .'"".' ~_ .,'
conflict resolution at the end. Throughout the three days, each group had to .
target three goals for each priority. They also had to develop an action'plan' ,'" t
for each prioritYt determine the agency which would take the leadt determine the
funding source and devise how to measure the success of their actions.
A vote was taken on everyone's goals and after answering numerous surveys, a
master strategic plan was developed for Palm Beach County. The work was not
finished because of the large number of revisions. The new plan will be amended
and Vice Mayor Matson will present that plan to Commission members.
Vice Mayor Matson lobbied long and hard for mass transit and it was agreed and
voted on to be one of the top priorities. Vice Mayor Matson feels a great deal
was accomplished at this conference.
2. Traffic problems at Boynton Lakes Plaza
Vice Mayor Matson reported on the numerous telephone calls she has received from
residents in the vicinity of this Plaza. Some of these residents have been
involved in minor traffic accidentst but there have been three fatalities since
January, 1994. There are several problems as follows:
Walgreen's - There is an ingress/egress on the west side of the building.
The delivery trucks are blocking the ingress and people entering the
center are using the out lane, going around the delivery trucks and ac-
cidents are occurring.
City Manager Parker asked that the City Engineer contact Walgreen's and the
manager of the Plaza to advise them of the delivery truck problem. Mr.
Finizio's letter advised that circulation conflicts and line of sight obstruc-
tions are being encountered. Another letter will be sent to them.
Plaza Lane onto Congress Avenue - People are going across Congress Avenue
from one shopping center to the other. People in Boynton Lakes Plaza are
trying to make a left turn onto Congress Avenue, while the people at
Meadows Square are trying to make a right turn to get onto Congress Avenue.
The lanes are converging from three lanes to two lanes. There are also two
turn lanes. Many times, there are four cars in the intersection. The
people trying to get into the left turn lane to make the left turn onto
Hypoluxo Road cannot see if anyone is already in the lane because of the
vehicles in the intersection.
Commissioner Katz questioned whether or not an island could be constructed so
that the vehicles will only be able to go to their right. Commissioner Aguila
stated there are a number of things which can be done, and he suggested that
this situation be investigated so that it will be handled properly.
Vice Mayor Matson pointed out that the County will have to get involved since
this is a County road.
Commissioner Aguila is supportive of studying the options and doing something
quickly. There are ways to modify the medians.
Consensus
There was a consensus of the Commission that a comprehensive study be performed
to address this situation.
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BOYNTON BEACH, FLORIDA
JUNE 7., 1$9~.
B. Items for discussion requested by Mayor Pro Tem Matt Bradley
1. Metropolitan Planning Organization (MPO) Report:
a. 1-95 Landscaping
This item was deleted by Mayor Pro Tem Bradley during the agenda approval.
b. Federal Highway Update
Mayor Pro Tem Bradley reported that the Federal Highway issue is on the agenda
for the next MPO meeting. The D.O.T. has devised a new plan, and City Manager
Parker was asked to report on that plan.
City Manager Parker said that in an effort to meet some of the City1s comments,
the D.O.T. has devised a compromised position which they are trying to have
approved through Tallahassee at this point. Their position involves a seven
foot parking stall which is less than the current eight foot standard, and then
a four or five foot bike lane adjacent to that.
Originally, there were discussions about a bike lane and parking stall in the
same space. The City felt there were problems with that suggestion. D.O.T.
originally requested no on-street parking at all.
The City is in the process of mapping out the accident data for each of the
median cuts D.O.T. is proposing throughout this portion of roadway. D.O.T.
claims that the reason for the median changes is accidents. Ms. Parker feels
the accident data warrants some improvements at the major intersections;
however, she feels that the improvements they are attempting to do to close
median cuts in front of businesses from the north to south should be left as is.
Before D.O.T. came forth with this compromise position, David Hardin and Ms.
Parker were going to recommend a joint meeting with the Chambers of Commerce and
City Commissions from both cities to present the cities' position to D.O.T. Mr.
Hardin and Ms. Parker are still of the opinion that that meeting should take
place and she recommended the meeting be held here in Commission Chambers at
5:30 p.m. on Tuesday, June 14th. She feels a unified proposal will carry more
weight with the D.O.T.
Commissioner Aguila supports the joint meeting and suggested changing the time
to 6:00 p.m., if possible.
Consensus
There was a consensus of the Commission to hold a joint meeting on Tuesday,
June 14th, at 6:00 p.m., between Lantana, Boynton Beach and Del ray City
Commissions and Chambers of Commerce, subject to verification by the other
cities.
Commissioner Aguila advised that if it is not possible to change the meeting to
6:00 p.m., he will get to the meeting as quickly as possible.
c. Tr1-County Gang Task Force
Mayor Pro Tem Bradley attended a meeting in Miami with Officer Jeff Wood. This
group has been sharing infonmation for a few years. Dade and Broward Counties
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...,
JUNE 7 II 1994, .
have a sophisticated and in-depth approach to this issue because of the gang
problems being experienced in those Counties. The representatives from those .
Counties advised that Palm Beach County has an opportunity to make a difference.
Palm Beach County attempted to organize a Gang Task Force, but because of budget
constraints, many municipalities were unable to fund a full-time person to be a
member of the Task Force. There is a tremendous amount of crime related to gang
activity and the City Commission needs to seriously consider having Officers
working in the gang community.
Vice Mayor Matson reminded Mayor Pro Tem Bradley of the Gang Workshop which was
conducted in this City which included Jim Kelly from the School Board. She
pointed out that the people who should have attended, did not. This is an
effort which should be considered again in the future.
City Manager Parker reported that the CPOs are conducting a Job Fair this
weekend for the youth of the community. Since school is ending this week, the
Gang Workshop should be considered for the Fall.
Commissioner Aguila realized that Mayor Pro Tem Bradley's suggestion involves
budget issues which the Police Department might need to consider in order to
attack this problem from an investigative or intelligence level. He asked if
Chief Dettman plans to propose something in the upcoming budget process.
Chief Dettman said the Police Department is attempting to locate grant funds to
target for this specific purpose. At the present time, Officer Wood spends a
percentage of his daily work effort on this since he is assigned as a CPO.
Mayor Pro Tem Bradley commended Officer Wood for his efforts, but pointed out
that he has constraints because he cannot work on this full time.
Vice Mayor Matson reminded Mayor Pro Tem Bradley of tomorrow's COBWRA meeting.
C. Items for discussion requested by Commissioner Jose Aguila
1. Discuss proposal for dealing with boats/cars for sale on public
right-of-way
Commissioner Aguila said this is an issue which has been discussed a number of
times. He pointed out that there is always a phone number listed on the IIFor
Salell signs. He suggested the Police Department call the telephone number into
Dispatch. Dispatch can then call that number, identify themselves and find out
if the car is on property owned by the car owner or if the car owner has per-
mission from the property owner to park the car on that parcel. If the car
owner does not have penmission from the property owner, he/she is to be advised
that the car must be moved or be towed within three hours.
Attorney Cherof advised that an Ordinance will be required.
After a question was posed by Commissioner Katz, City Manager Parker advised
that the topic for discussion should have included private property as well as
public right-of-way.
Attorney Cherof stated that categories which the City cannot regulate under
State law include public streets or highways, public parking lots or other
public property, or private property on which the public has the right to
travel.
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BOYNTON BEACH. FLORIDA
JUNE 7. 1994
Consensus
There was a consensus of the Commission to move forward with Commissioner
Aguila's proposal.
D. Changing maximum distance for parking in the Central Business
District.
There currently exists a Code conflict of one area requiring 800 feet
as the maximum parking distance and another area requiring 1,000
feet. An Ordinance change is suggested for consistency.
City Manager Parker advised that this pertains to leased parking in the Central
Business District. If the Commission is in agreement with staff's recommenda-
tion, there is an Ordinance for first reading under Item X.B.3.
Commissioner Aguila questioned whether or not there is a situation driving this
issue. He is in favor of the recommendation to go with the 1,000 as the crow
flies.
Vice Mayor Matson recalled discussing this in the past and reaching a consensus
to make the change, but that change never occurred.
City Manager Parker said the issue of the leased parking has been before the
Community Redevelopment Advisory Board. This particular request is driven by
the situation with Two Georges marina. Staff would like to move this project
forward. If the City Commission moves forward on the Ordinance, this project
can go before next Tuesday.s Planning and Development Board meeting.
Consensus
There was a consensus of the Commission to bring this project to the Planning
and Development Board next Tuesday.
E. Review of Janet Hall's request to wa1ve second appl1cat10n fee for
L1ghthouse Gr1ll Restaurant
This item was tabled at this point. If Janet Hall does not arrive before the
end of the meeting, this issue will be tabled until the next City Commission
meeting.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 094-12 Re: Change name of Elderly
Advisory Board to Senior Advisory Board
The Elderly Advisory Board has requested that the name of the
board be changed to Senior Advisory Board to better reflect the
population the Board seeks to serve.
THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING.
Attorney Cherof read Proposed Ordinance No. 094-12 by title only.
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."",
JUNE 7, 1994
Motion
t
Commissioner Aguila moved to approve Proposed Ordinance No. 094-12 on second and
final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse
polled the vote, which carried 4-0.
2. Proposed Ordinance No. 094-13 Re: Delete Coalition of Boynton
West Residents Association (COBWRA) members from the Education
Advi sory Board.
The Education Advisory Board currently includes positions for two
members of COBWRA who reside outside of the City limits. It is
recommended that we delete those positions, which are currently
vacant, from the Board.
THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING.
Attorney Cherof read Proposed Ordinance No. 094-13 by title only.
Motion
Commissioner Aguila moved to approve Proposed Ordinance No. 094-13 on second and
final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse
polled the vote, which carried 4-0.
3. Proposed Ordinance No. 094-14 Re: Amend the Sign Code regarding
billboards.
This Ordinance provides a five-year period for bringing non-
confonming signs which are annexed into the City into compliance
with City Codes.
This item was deleted from the agenda during the agenda approval.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 094-15 Re: Adopt amendments to Chapter
13 Occupational Licenses.
Attorney Cherof read Proposed Ordinance No. 094-15 by title only.
Mayor Pro Tern Bradley inquired as to why the Commissioners received a second
copy of the Ordinance. Attorney Cherof advised that the original Ordinance
deleted all of Chapter 13 in its entirety where the intent was only to delete
certain articles of that Chapter.
Commissioner Aguila referred to the last paragraph of Section 13-13 on Page 5 of
the Ordinance. He asked for a definition of the tenm "open for business".
Attorney Cherof stated that the definition of "open for business" would probably
be unlocked door and lights on.
Commissioner Aguila pointed out that many people bring their work home. He does
not want such a situation to be interpreted as "open for business". He feels
"open for business" means there is a shingle hanging, a parking lot, a sign and
advertising and it is a place where business is conducted.
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Attorney Cherof advised that the purpose of the section is to make the prosecu-
tion of a violation for doing business without an occupational license a little
bit easier from the City's point of view. It is not proof that that is what is
occurring, but the City ;s deemed to have proved it simply by showing that a
premise is open and a person can walk in and buy something.
Don Jaeger, Building Official, said that in a case where someone has a home
occupational license, there would have to be additional proof.
Motion
Commissioner Aguila moved to approve Proposed Ordinance No. 094-15 on first
reading. Commissioner Katz seconded th.e motion. City Clerk Sue Kruse polled
the vote, which carried 4-0.
2. Proposed Ordinance No. 094-16 Re: Amend date that the Education
Advisory Board members' terms expire from June to April
This Ordinance is being done to be consistent with expiration
dates for all other Boards. All new appointments will be made in
April of each year.
Attorney Cherof read Proposed Ordinance No. 094-16 by title only.
Motion
Commissioner Aguila moved to approve Proposed Ordinance No. 094-16 on first
reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled
the vote, which carried 4-0.
3. Proposed Ordinance No. 094-17 Re: Amend Appendix A, Section
6.E.4.c(2), to provide for a change from 800 feet to 1,000 feet
for required parking spaces in the Central Business District.
Attorney Cherof read Proposed Ordinance No. 094-17 by title only.
Motion
Commissioner Aguila moved to approve Proposed Ordinance No. 094-17 on first
reading. Commissioner Katz seconded the motion.
Vice Mayor Matson aSKed for identification of the properties which would benefit
by this change. City Manager Parker advised that at the present time, Two
Georges is the only business in the Central Business District which will benefit
by this change.
City Clerk Sue Kruse polled the vote, which carried 4-0.
4. Proposed Ordinance No. 094-18 Re: Amending Sign Code regarding
billboards.
This ordinance provides a five-year period for bringing non-
confonming billboards which are annexed into the City into
compliance with City Codes.
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JUNE 7. 1994
Attorney Cherof read Proposed Ordinance No. 094-18 by title only.
Attorney Cherof advised that if the Commission intends to adopt this Ordinance,
they should delete the letter designations A and S, not the A and B sections.
f
Motion
Commissioner Aguila moved approval of Proposed Ordinance No. 094-18 with amend-
ment on first reading. Commissioner Katz seconded the motion. City Clerk Sue
Kruse polled the vote, which carried 4-0.
C. Resolutions:
1. Proposed Resolution No. R94-35 Re: Boynton Beach Municipal
Cemetery Rules and Regulations ........................ TABLED
This Resolution will remain on the table, pending a meeting
between the City attorney and the attorney for the Mausoleum.
Attorney Cherof advised that this Proposed Resolution will remain on the table
until he meets with the Cemetery Board on Tuesday, June 14th. This will be back
to the Commission at the next meeting.
2. Proposed Resolution No. R94-96 Re: Boynton Beach Municipal Park
and Sara Simms Memorial Gardens Rate Structure
Pursuant to City Commission vote on May 17, 1994, the lot costs
were increased by $150, openings and closings will be increased
by 10%.
Attorney Cherof read Proposed Resolution No. R94-96 by title only.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R94-96. Commis-
sioner Katz seconded the motion.
Vice Mayor Matson requested that the following changes be made under "Lot Sale
Prices":
Non-city or non-reserve annexation area resident or property owner - per lot
...................... $500; and Non-city or non-reserve annexation area resi-
dent or property owner rate for small lot for two cremains only........ $400
The motion carried unanimously.
3. Proposed Resolution No. R94-97 Re: Establishing an additional
assessment as a result of violations of criminal law
Under this program, as part of the court costs in a criminal
case, the judge may assess the defendant with a $2.00 surcharge
for the benefit of the arresting agency's education fund.
Attorney Cherof read Proposed Resolution No. R94-97 by title only.
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BOYNTON BEACH, FLORIDA
JUNE 7. 1994
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R94-97. Commis-
sioner Katz seconded the motion, which carried unanimously.
4. Proposed Resolution No. R94-98 Re: Authorize execution of
Addendum V to the Conceptual Approval Agreement for the Seacrest
Scrub Acquisition Project which allows the County to apply for
reimbursement from the Florida Communities Trust.
Attorney Cherof read Proposed Resolution No. R94-98 by title only.
Motion
Commissioner Katz moved to approve Proposed Resolution No. R94-98. Commissioner
Aguila seconded the motion, which carried unanimously.
5. Proposed Resolution No. R94-99 Re: Adopt job descriptions.
This Resolution adopts new job descriptions for the positions of
Chief Operator Public Water Operations, Utility Customer Service
Supervisor and Personnel Analyst.
Attorney Cherof read Proposed Resolution No. R94-99 by title only.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R94-99. Commis-
sioner Katz seconded the motion, which carried unanimously.
6. Proposed Resolution No. R94-100 Re: Supporting City's grant
application for the Florida Inland Navigation District (F.I.N.D.)
- Downtown Mangrove Park.
Attorney Cherof read Proposed Resolution No. R94-100 by title only.
Motion
Commissioner Katz moved to approve Proposed Resolution No. R94-100.
Commissioner Aguila seconded the motion.
City Manager Parker advised that F.I.N.D. is requiring another resolution of
support in their format in addition to the one already approved by the City
prior to the grant submittal.
Ms. Parker also advised that previous discussions on this subject included a
budget in the amount of $600,000 to $650,000. When the paperwork was finalized
for submittal to F.I.N.D., the engineers increased that estimate to $898,234.
She requested that the engineers be present at this meeting to go over the
budget. Ms. Parker confirmed for Commissioner Aguila that certain items had
been deleted from the project which should have produced a cost savings.
David John of Robert H. Miller and Associates, explained that the original
budget-wa5 prepared from information provided by the architect who designed the
amenities building and the supplies for the boardwalk. The first estimate was
based on the supplies price.
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JUNE 7. 1994
When this estimate was being prepared, Robert H. Miller and Associates was also (
working on another similar project known as Westlake in Broward County. The
difference between that estimate and this one is that the boardwalk prices which
are reflected in the revised estimate are actual bid prices from the Westlake
project. This is the best available source of prices the engineers could find.
The boardwalk unit price cost increased significantly based on the bid. As
engineers of record, they were required to use prices based on the bid process.
There are two estimates. One is based on the boardwalks being constructed of
treated timber at an estimate of $46.40 per square foot. The second estimate is
based on the use of plastic wood at $47 per square foot. This project will
require approximately one third more square footage of boardwalk than was in the
Westlake bid. The engineers have not gone back and evaluated the effect on the
unit rate with the increase in square footage. However, Mr. John feels this is
a realistic bid based on prices available late last year.
With regard to the support facilities, that portion of the estimate has not
changed from the original estimate.
In response to Ms. Parker's question, Mr. John explained that the engineers have
a letter from the Corps of Engineers to issue a dredge and fill penmit for the
proposed improvements. They will issue the permit as soon as they receive
notification from DEP that the water quality issues have been addressed. Mr.
John anticipates filing with DEP early next week and the permits should be
issued within two weeks of that filing.
Ms. Parker reminded Mr. John that the F.I.N.D. meeting is on June 25th. The
City must have the permits at that time.
Commissioner Aguila pointed out that when Robert H. Miller and Associates made
their original proposal, the information they used was equal to the infonmation
used by the other firms. At that time, Commissioner Aguila felt that the proj-
ect could be completed for the estimated amount of money the City had at that
time. He expressed concern over the fact that the estimated costs have
increased between 20% and 40% in some areas, and questioned how that could have
happened since the City downsized the project.
Mr. John advised that when the presentation was made, Robert H. Miller and
Associates used current construction costs. At that time, Florida was moving
out of a recession. We are now in a construction boom in South Florida and it
is difficult to attract qualified contractors to work in this environment
without properly compensating them for their work. That is reflected in the
costs. With regard to the contingency, Mr. John stated that he signed and
sealed the estimate which the City Commission was reviewing, but it is common
practice to provide for a contingency.
Commissioner Aguila agreed that prices are reflecting the fact that business is
picking up; however, he stated that he was not prepared to go over the original
$650,000 planned for this project. Commissioner Aguila suggested cutting back
the project to get it within the budget at this time. Perhaps additions can be
made in the future.
Ms. Parker also expressed her concern about this budget estimate. On June 25th,
Ms. Parker and Mr. Frederick will meet with F.I.N.D. to make a grant presenta-
tion. That grant is for $195,000. To date, the City has already received
approximately $200,000 in grant funds for the project. If the City is not suc-
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MINUTES - REGULAR CITY C~?SSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 7. 1994
cessful in getting the F.l.N.D. grant, Ms. Parker will come back to the Commis-
sion with a recommendation to delete the entire project.
City Manager Parker advised that Ann Ford, Downtown District Coordinator, has
one or two grant sources where the City might be able to get between $100,000
and $200,000.
If the City is successful in getting the F.I.N.D. grant on June 25th, we will be
able to stay within the original City budget which was $200,000. We will then
move forward in an attempt to get additional grants from the other sources. If
the City is successful in getting the additional grants, we will then only have
to fund 20% to 30%. However, if not successful, then downsizing will have to be
considered. The problem is that this is only a boardwalk with a meeting plat-
form and a restroom. There is not much to downsize.
Commissioner Aguila will support this project if the other sources provide
funds. He also requested another opportunity to discuss some of the fees
included in this estimate. Ms. Parker explained that this is just a budget
estimate and the City is not tied to these numbers. Commissioner Aguila feels
$109,000 for this project is excessive. Ms. Parker advised that the City still
must bid out this project. Robert H. Miller and Associates was hired only for
Phase I.
Mr. John stated that Robert H. Miller and Associates attempted to cover all
areas in order to prepare a responsible budget.
The motion carried 4-0.
7. Proposed Resolution No. R94-101 Re: Authorize execution of
agreement between the City of Boynton Beach and the Optimist Club
of Boynton Beach regarding Quantum District Recreation Park.
Attorney Cherof read Proposed Resolution No. R94-101 by title only.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R94-101. Commis-
sioner Katz seconded the motion.
Commissioner Aguila confirmed that the building being proposed by the Optimist
Club will have toilets in addition to the others on the property.
In response to Mayor Pro Tem Bradley's question, Attorney Cherof advised that
this project moved along very smoothly because of the expeditious handling of
this matter by Mr. Frederick and the Optimist Club.
Vice Mayor Matson feels this was the perfect example of public/private partner-
ships. She is anxious to see this come to fruition.
Commissioner Katz also commended Ms. Parker for her efforts.
The motion carried 4-0.
Jim DeLand thanked the Commission and Mr. Frederick.
Ms. Parker questioned whether or not the Commissioners wished to move forward
with Gee & Jenson, the engineering firm which prepared the master plan.
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JUNE 7. 1994
Mr. Frederick advised that the City will have to revise the master plan and it
will take architectural work. Further, it will be necessary to develop a
phasing type program and costs. When the City is ready to bid out the project,
construction drawings will be necessary.
Commissioner Aguila suggested retaining Gee & Jenson to modify the master plan.
When that is complete, if the City then wishes to retain another firm, that
would be the time to do it. Commissioner Aguila stated that no other firm will
touch Gee & Jenson's plan just to make an addition. Gee & Jenson can modify the
master plan on a hourly basis. Mr. Frederick reminded the Commission that our
contract with Gee & Jenson allowed for a continuation. He assumes the fees will
continue.
Vice Mayor Matson stated that she felt there was a consensus that the Commission
wants those fees to remain since it is an open-ended contract.
Consensus
There was a consensus of the Commission to retain Gee & Jenson to modify the
master plan on an hourly basis using the fees stipulated in the open-ended
contract.
Vice Mayor Matson advised that Ms. Hall IS request would now be considered.
IX. E. Review of Janet Hall's request to waive second application fee for
Lighthouse Grill Restaurant
City Manager Parker reported that in January, 1993, Mrs. Hall submitted her
Lighthouse Square project for permits, received staff comments and paid the ori-
ginal fee. Mrs. Hall's architect moved out of town and there were modifications
which were required by staff. A significant time period elapsed between the
staff comments and the review. The time period set forth in the Code has
lapsed, and Mrs. Hall has been advised by staff that a second application fee is
required. She is requesting a waiver of the fee.
The major outstanding item which has caused a great deal of the delay is that
the property is adjacent to the Boynton Beach Boulevard bridge right-of-way.
FDOT has been negotiating with DEP on the location of the bridge. They have
been reluctant to move on any projects in relation to the bridge. The parking
plan submitted by Mrs. Hall shows parking on the FDOT right-of-way. Staff
advised that they cannot approve that unless we have written approval allowing
that parking on the bridge right-of-way, or an alternative agreement such as
parking under the bridge span if the bridge is located at Boynton Beach
Boulevard.
Mrs. Hall and her architect have been attempting to work with FDOT to get this
approval. So far, they have been unsuccessful. There is an another ninety-day
time period set forth in the Code for staff to process this request onto the
Community Redevelopment Advisory Board. It was processed to the CRAB Board
because there was no administrative means of tabling it from a staff position.
There were major items still outstanding at that time and Mrs. Hall requested
the CRAB Board table the application so that she would be able to address the
items before moving forward. The application was tabled. Mrs. Hall is
requesting additional time and that this time be considered under her first fee
submittal and a second application fee not be required.
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MINUTES - REGULAR CITY C~TSSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 7. 1994
Commissioner Aguila expressed concern over waiving the fee. He would be more
comfortable tabling this item for a certain period of time in order to allow
resolution of some of the issues. He feels this project was submitted before it
was ready to be reviewed by anyone. He would support tabling this item for six
months to allow them to seek the necessary approvals and address the comments
without additional fees, but if, as a result of the reviews and permits, the
project changes substantially and the review is being done again, the City
should then consider a fee.
Janet Hall. 326 SW 1st Avenue, said that part of the problem is that this
parking with the bridge has been discussed for the past ten years. This
involved a standing agreement that if the parking inside the property was lost,
she would be allowed to use the area under the bridge for parking. When the
plans were first submitted, and the comments received, her architect moved to
New York. Also, her engineer transferred his offices to Texas. When the plans
were finally resubmitted, she found a number of the items originally brought up
had not been taken care of by either the architect or engineer. She was unaware
of this and stated that it was beyond her control. She requested relief from
the Commission.
Vice Mayor Matson noted that she did not want to penalize Mrs. Hall for some-
thing not of her doing.
Mayor Pro Tem Bradley feels the Commission must be careful not to set a prece-
dent with regard to waiving fees. He supports tabling this item for an extended
period of time.
Vice Mayor Matson explained that the Commission has waived fees in the past and
would not be setting a precedent. The agenda back-up package contained informa-
tion on previous fee waivers by the Commission. However, she also supports
Commissioner Aguila1s recommendation so that if this application is resubmitted
with a lot of modifications, it will be proof that the project was originally
submitted too soon.
In response to Commissioner Katz' question about whether or not any of the pre-
vious fee waivers were similar to Mrs. Hall's, Ms. Parker said they are not, and
nor are they similar to each other. Each one is considered on a case-by-case
basis. Ms. Parker pointed out that Mrs. Hall paid $750 in 1993 for the first
review, and $1,500 in April of 1994 as a new fee. One review and one resubmit-
tal of plans has occurred under that $1,500.
Commissioner Katz feels the Commission should not waive fees, but pointed out
that the time to consider the fee waiver may be when the plans are resubmitted
and the modifications are reviewed.
Ms. Parker pointed out that one of the outstanding issues with this project is
that it is in an environmentally-sensitive area containing a large amount of
mangroves on the property. One of the items the staff submitted as a comment is
that the City will not comment on the environmental issues for this project, but
forward those issues to the State agencies for review. If everything else is
resolved, the environmental issue will still remain outstanding and will go
through the process as outstanding at the City level. This will have to be
rereviewed for environmental issues, and that will be considered a new submittal
to the City when it comes back from the State agencies.
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Ms. Parker stated Mrs. Hall and her architect felt the City was holding up the
project. The City was willing to review it for compliance with City Code, but
the State agency review would necessitate major site plan changes that would
require an entire rereview by staff. The City has agreed to put its comments on
paper so that Mrs. Hall will have a starting point; however, the environmental
issues will not receive any City comments.
Ms. Parker suggested the City Commission put a timetable of approximately one
year on this for the DOT situation and any other outstanding Code items which
must be addressed by Mrs. Hall. After that, it should be a new submittal. The
April, 1994 fee will hold until April, 1995, to allow sufficient time to get the
minor Code comments taken care of and the application will move forward.
Anything after that date will be a new review.
Mrs. Hall stated that she never felt the City was holding up the project. The
delay was on the part of the architect and engineer. She appreciates the
compromise and hopes this will be resolved before April, 1995.
Motion
Commissioner Aguila moved that this fee will last for the reviews for the Code
comments that she currently has outstanding. She has until April 1, 1995 to get
those resolved under the current review system. Commissioner Katz seconded the
motion, which carried unanimously.
D. Other:
1. Settlement of Ewell Miller Claim
This is for ratification of settlement of a claim involving
charges of malicious prosecution and civil rights violation
against the City and two Fire Inspectors.
Vice Mayor Matson reminded Ms. Parker that in the past, she requested former
City Manager Miller provide a breakdown of how the claim is comprised. She
would like a chronological listing of the events of the claim and the costs
associated with those events.
Mr. Hawkins advised that this claim is still open. It is important to look at
how much information the City puts in the document.
City Manager Parker asked for clarification on what information the Commission
wishes to see in the agenda back-up material. According to fonmer City Manager
Miller, Ms. Parker has included the following: 1) the original demand; 2) the
amount of the legal fees; 3) how much in City costs has been incurred; and 4)
the projected cost if the City goes to trial.
Vice Mayor Matson asked that Mr. Hawkins attempt to have Sewell, Todd & Broxton,
Inc. provide the Commission with the same type of synopsis Roberts & Reynolds
provides. The infonmation from Roberts & Reynolds is confidential and is ,sent
to the Commissioners under separate cover.
Motion
Commissioner Aguila moved to settle this per staff recommendation. Mayor Pro
Tem Bradley seconded the motion, which carried unanimously.
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JUNE 7. 1994
XI. OLD BUSINESS:
A. Discussion on Cemetery Board/Mausoleum ..................... TABLED
Attorney Cherof requested this item remain on the table until the next meeting.
B. Downtown Improvements - Contract Update from Staff and Request
for Further Direction
City Manager Parker advised that she had a meeting this afternoon with the
contractors to work out the details of modifying the project. She reminded the
Commission that the project was downsized from the original plans.
As a result of tOday's meeting, the contractor and the City reached a basic
agreement as follows:
1. To modify the current agreement by executing a mutual release with
ARZ for the outstanding items we are not doing and to amend the
project documents to limit the work to the street lighting elements
only.
Ms. Parker feels the other items can be deleted from the contract and be per-
formed by City crews. Also, Ms. Parker and Ms. Ford spoke about adding the
paving of the parking lot downtown and the landscaping of the FEC tract as addi-
tional items the City can move forward on with the current City staff within
the current budget. Ms. Parker is planning to add those items and move forward
with them. The street lighting element will be offered to ARZ on a fixed-price
basis. Agreement was reached to pay ARZ $1,547 for out-of-pockets costs to date
for striping the road and some additional costs. The City will release him from
the current bond requirement.
Commissioner Aguila stated that ARZ did a professional job for the City and was
accommodating to our schedule. For various reasons, the project was downsized
to a point where it needs to be drastically adjusted. The fact that ARZ is com-
fortable with the adjustments shows their professionalism. If they received a
bad rap from the City, it was undeserved. Commissioner Aguila is glad ARZ will
stay with the City.
Motion
Commissioner Aguila moved to authorize City Manager Parker to move forward. She
will bring the documents back to the City Commission for final ratification on
June 21, 1994. Commissioner Katz seconded the motion, which carried 4-0.
XII. CITY MANAGER'S REPORT:
City Manager Parker reminded the Commissioners that a Municipal League bulletin
was received regarding the Marlins vs. the Chicago Cubs game on Wednesday,
June 22, 1994. It is a complimentary game and the Palm Beach Delegation will be
attending. She asked that the Commissioners contact her if they did not receive
that bulletin.
XIII. OTHER:
None
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JUNE 7. 1 "
(
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, Commissioner
Aguila moved to adjourn the meeting at 9:25 p.m. Mayor Pro Tem Bradley seconded
the motion, which carried unanimously.
THE CITY OF BOYNTON BEACH
~.--z J~- /'-
~: 7~)U'{&;;t?
/ ayor
I
Vice Mayor
ATTEST:
'- t~r.NA'J01t.~/1</
City 1 erk
ommissioner
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. MINUTES _. CITY C0M4ISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 2. 1995
"
No one else wished to speak under Public Audience. Therefore, Mayor Taylor
declared the Public Audience closed.
Shoppes of Woolbright PCD - TABLED
CCL Consultants, Inc.
Howard R. Scharlin, Trustee
Northside of Woolbright Road, east of the L.W.D.D. E-4
Canal
Master Plan Modification: Request to modify the pre-
viously approved master plan to subdivide outbuilding 3
into .895 acres, revise the outbuilding sizes
(outbuilding 1 from 4,300 to 6.920 square feet; out-
building 2 from 5,000 square feet to 5,755 square feet
and outbuilding 3 from two-stories and 6,000 square
feet to one-story and 2,625 square feet), add a drive-
way on the east side of S.W. 8th Street, 400 feet north
of Woolbright Road, relocate the existing driveway on
S.W. 8th Street, 190 feet to 260 feet north of
Woolbright Road and provide a median cut on S.W. 8th
Street for the relocated driveway
City Manager Parker requested that this item remain tabled. She advised that
negotiations are ongoing and an agreement might be reached by May 11th. The
Commission agreed to address this at a special meeting before the May 11th
workshop meeting if a settlement is reached by then.
VIII. DEVELOPMENT PLANS
A.
Project:
Agent:
Owner:
Location:
Description:
Boynton Commerce Center PID - TABLED
Peter Reed, MIG Management Services of Florida, Inc.
Boynton Commerce Center, Ltd.
Southside of Woolbright Road. 100 feet west of 1-95
Use Approval: Request to amend the list of permitted
uses for the Boynton Commerce Center to allow wholesale
distribution, retail, repair and assembly of lawn main-
tenance equipment
City Manager Parker advised that the applicant has requested that this item be
withdrawn.
B.
Project:
Agent:
Owner:
Location:
Description:
C. Request by Janet Hall to waive application fee for Lighthouse Grille
Restaurant site plan review
Mrs. Hall stated that this is a request to waive a second application fee for
the same stage of the project. She explained that the architect and the
engineer involved in this project left town. which necessitated acquiring
another architect to get the same work done that should have been done in the
first place.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 2. 1995
Motion
Vice Mayor Bradley moved to approve Mrs. Hall's request to waive the second
resubmittal application fee.
Mayor Pro Tem Matson pointed out that Mrs. Hall is also requesting an additional
extension. City Manager Parker advised that the previous time extension was
until April, 1995. City Attorney Cherof advised that there is no need to
address the fee issue at this time if the Commission grants the extension of
time. He recommended that the Commission deal only with the extension of time
and reserve the right to reconsider the fee.
Amended Motion
Vice Mayor Bradley amended his motion to delete any reference to the fee and
approve the request for a time extension for the Lighthouse Grille Restaurant
until April, 1996. Mayor Pro Tem Matson seconded the motion which carried 5-0.
IX. NEW BUSINESS
A. Items for discussion requested by Mlyor Pro Tem Matson
1. Municipal League Report
2. Inter-Hospital Transport
Mayor Pro Tern Matson was in possession of a copy of a letter that Ron Ferris,
the Town Manager of Lantana, sent to Bob Butterfield, the EMS Manager of Palm
Beach County. The letter stated that, "An effort will be made to limit inter-
hospital transports to private ambulance providers only. The Town of Lantana
strenuously objects to any proposed rule, regulation or ordinance that would
prohibit municipal or county fire rescue EMS transport vehicles from perfonmin9
inter-hospital patient transfers. They feel the choice of inter-hospital trans-
fers should be left to the discretion of the individual hospital and/or to the
patient. In view of the fact that there is only one' major private ambulance
finm in Palm Beach County, a rule or ordinance limiting inter-hospital patient
transfers to private sector ambulance would create a monopoly, and would inter-
fere with a patient's right to choose medical care providers and interferes with
a hospital's right to seek the best level of care for its patients."
Mayor Pro Tern Matson stated that while this does not affect us directly right
now, it is something that may affect us later on. She stated that we do not do
BLS at this point, but may want to consider it in the future. If we do not sup-
port the Town of Lantana on this issue, we may regret it at a later date. She
requested a concensus to have the City Attorney's Office draw up a resolution in
support of this issue and pass it on to the Palm Beach County Board of
Commissioners and Mr. Butterfield. Mayor Pro Tern Matson advised that the
Municipal League is going to support the Town of Lantana.
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