AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
February 4, 1997
I. OPENINGS:
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PLANNING AND
ZONING DEPt
6:30 P.M.
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. Bob Hahn, First Methodist Church
C. Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Appointments to be made:
APPOINTMENT
TO BE MADE BOARD
'" Jaskiewicz" Adv Brd on Children & Youth
" Bradley" Community Relation Brd
'" Jaskiewicz" Brd of Zoning Appeals
IV Tillman" Brd of Zoning Appeals
IV Tillman" Adv Brd on Children & Youth
'" Jaskiewicz" Education Advisory Brd
III Jaskiewicz" Library Board
" Bradley** Library Board
IV Tillman* Education Advisory Brd
Mayor Taylor* Adv Brd on Children & Youth
Mayor T aylor* Planning & Development
I Titcomb* Adv Brd on Children & Youth
II Bradley* Adv Brd on Children & Youth
III. CONSENT AGENDA
Reg
Alt
Reg
Alt
Reg
Stu
Reg
Alt
Aft
Stu/Reg
Reg
Alt
Alt
LENGTH OF TERM
EXPIRATION DATE
Term expires 4/97
1 yr term to 4/97
3 yr term to 1/00
3 yrterm to 1/00
Term expires 4/97
Term expires 4/97
Term expires 4/97
Term expires 4/97
Term expires 4/97
1 yr term to 4/97
Term expires 4/98
Term expires 4/97
Term expires 4/97
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
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
1. Regular City Commission Meeting Minutes of January 21, 1997
2. Special City Commission Meeting Minutes of January 28, 1997
B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted
Budget
1. Approve purchase of an AUTOMATED, STAND ALONE FUEL DISPENSING
SYSTEM SUPPLY AND INSTALL from GLASGOW EQUIPMENT SERVICE INC
in the amount of $13,870 ' ,
1
C. Resolutions
1. Proposed Resolution No. R97- RE: Accept LETTER OF CREDIT submitted
by BAREFOOT COVE, INC. , a development in the Town of Hypoluxo and receiving
sewer service from the City
2. Proposed Resolution No. R97- RE: Urging the 1997 FLORIDA LEGISLATURE
to CREATE a dedicated FUNDING SOURCE FOR STATEWIDE BEACH
MANAGEMENT AND SUPPORTING HOUSE BILL 103
3. Proposed Resolution No. R97- RE: Authorize execution of INTERLOCAL
AGREEMENT between Palm Beach County and the City of Boynton Beach providing
funding in the amount of $2,625,000 for the DEVELOPMENT of INTRACOASTAL
PARK SITE and IMPROVEMENTS TO BOAT CLUB PARK
4. Proposed Resolution No. R97 - RE: RATIFICATION of the 1995-1996
COLLECTIVE BARGAINING AGREEMENT between the City of Boynton Beach and
the International Association of Firefighters (I.A.F.F.) Local 1891
5. Proposed Resolution No. R97- RE: Approval of Fire Department JOB
DESCRIPTIONS for BATTALION CHIEF OF TRAINING, SHIFT BATTALION 'CHIEF,
and FIRE CAPTAIN
6. Proposed Resolution No. R97- RE: Authorize execution of FIRE TRAINING
AND CONTROLLED BURN AGREEMENT (Contract) between the City of Boynton
Beach and A.J. Inc., owners of the old SANDPIPER MOTEL
7. Proposed Resolution No. R97- RE: RATIFICATION of SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD action of January
15, 1997
a) Authorization to expend on an emergency basis $2,000 from Sinking Fund to
repair effluent force main leak repair by the effluent pump building
b) Authorization to expend on an emergency basis $1,250 from Sinking Fund to
replace coil on #6 effluent pump
c) Authorization to expend on an emergency basis an additional $10,000 from
Board Surplus Fund to install two air release valves on NE 7th Avenue and one
air release valve on Atlantic Avenue for the ocean outfall
d) Authorization to expend an additional $15,000 from Sinking Fund to replace
deteriorated doors throughout the plant ($60,000 Budgeted)
e) Authorization to enter into contract with Arrow Building & Maintenance for the
Sum of $295 per month for janitorial services
f) Authorization to enter into contract with Land Design Systems for the sum of
$1,738 per month tor the length of contract in the north area and an additional
sum of $417 per month for the length of the contract in the south area
g) Authorization to extend J & J Baker's contract for an additional two years at a
rate of $24.06/1,000 gal. liquid sludge, and $8.01/cublic yard - cake sludge
h) Authorization to enter into an agreement with Pine Tree Golf Club concerning
the delivery and acceptance of reuse water
i) Authorization to enter into an agreement with Hunters Run Golf & Racquet Club
concerning the delivery and acceptance of reuse water
j) Authorization to enter into a contract with R. C. Sullivan Corp. for the sum of
$289,010 for the construction of grit discharge system in the screening building
2
k) Authorization to expend $350,000 from the Sinking Fund for design and
construction of grit discharge system
D. Approval of Bills
E. Approve RECORDS DISPOSITION REQUEST for City Clerk's Office and Customer
Relations Department
F. Approve purchase (replacement) of one TORO MULTI-PRO 1100 SPRAYER utilizing
G.S.A. Contract in the amount of $14,439.78
G. Approve request for REFUND on MAUSOLEUM SPACE IN CHAPEL BUILDING, Section
H, Crypt B-1
H. Approve purchase of seven (7) UN I-HOIST CONFINED SPACE ENTRY/RETRIEVAL
SYSTEMS, piggy-back a Metro Dade County Bid awarded to SAFETY EQUIPMENT CO.
I. Consideration of WAIVING THE FEE for the placement of headstones in the City
Cemetery for UNMARKED VETERANS' GRAVES
J. Approve PURCHASE, INSTALLATION and TERMINATION of FIBEROPTIC CABLE
from COMPULlNK, State Negotiated Agreement Price Schedule, in the amount of
$15,082.19
K. Approve purchase of WALL PANELS for the Detective Bureau from C.D.I. TOTAL
OFFICE FURNITURE in the amount of $7,065.10
IV. CITY MANAGER'S REPORT:
A. Presentation of the new' EMPLOYEE ORIENTATION VIDEO
B. Demonstration of the new DOCUMENT IMAGING SYSTEM
C. Discussion concerning CIVIL SERVICE ISSUES
D. Other
V. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
1. JOINT CITY COMMISSION/CHAMBER OF COMMERCE QUARTERLY MEETING _
February 6, 1997 @ 7:00 p.m. - Library Program Room
2. CITY COMMISSION WORKSHOP - February 7, 1997@ 4:00 p.m. - City Hall in the
Mall - RE: Stormwater Utilities, Swales, etc
3. TUNES IN TOWN CONCERT - February 7, 1997 @ 5:00 p.m. to 8:00 p.m. _
Oceanfront Park - Island Spice - Reggae
4. CITY COMMISSION WORKSHOP-INTERVIEWS - February 13, 1997 - Interview
City Manager Candidates
B. Presentations
1. Proclamation
a) BLACK AWARENESS DAY - February 15,1997 - Accepted by Lena Rahming
b) WOMEN'S HISTORY MONTH - March 1997 - Accepted by Sylvia Huhman,
President, AARP Chapter 3190
3
VI. BIDS:
None
VII. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS
None
VIII. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
IX. DEVELOPMENT PLANS:
A. PROJECT:
OWNER/APPLICANT:
LOCATION:
DESCRIPTION:
500 East Ocean Avenue
Chris Francois
500 East Ocean Avenue
ADMINISTRATIVE APPEAL - Request to appeal the Central
Business District Design Guideline colors for window shutters
and building walls and to request a fee waiver
X. NEW BUSINESS:
A. Items for discussion requested by COMMISSIONER MA IT BRADLEY
1. City FINANCIAL INCENTIVE for CONGRESS COMMUNITY MIDDLE SCHOOL
MATH SCIENCE TECHNOLOGY MAGNET PROGRAM
2. Amend EDUCATION ADVISORY BOARD ORDINANCE to allow NON-RESIDENT
PARTICIPATION in the ALTERNATE POSITIONS provided they have children
attending Boynton Beach area schools
B. Items for discussion requested by COMMISSIONER HENDERSON TILLMAN
1. Consideration of MARINA APPLICATION for CONDITIONAL USE agenda item at
the February 18, 1997 City Commission meeting
C. ESTABLISH DATE for a SPECIAL MEETING after the candidates' qualifying period ends
at 12:00 noon on Tuesday; February 11, 1997
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 097-01 RE: Amending Ordinance No. 096-48 to
declare an ADDITIONAL MORATORIUM through and including May 6,1997 for the
placement of WIRELESS TELECOMMUNICATIONS FACILITIES
B. Ordinances - 1 st Reading:
1. Proposed Ordinance No. 097- RE: Providing for an EXEMPTION TO
CAPITAL FACILITIES CHARGES for temporary RESTAURANT SEATING on private
property
2. Proposed Ordinance No. 097- RE: AMEND PROCEDURE for the collection
of PAST DUE FALSE (SECURITY) ALARM CHARGES
3. Proposed Ordinance No. 097- RE: AMEND CHAPTER 1 of the Land
Development Regulations, to include the DEFINITION OF BUFFER WALL
4
4. Proposed Ordinance No. 097- RE: AMEND CHAPTER 2 of the Land
Development Regulations, providing that VISUAL OBSTRUCTIONS are to be
MAINTAINED AT A HEIGHT NO GREATER THAN TWO FEET SIX INCHES above
street level and WITHIN THIRTY-FIVE FEET OF THE INTERSECTION of the right-
of-way lines of two streets
C. Resolutions
None
D. Other
1. Consider Code Enforcement Board's recommendation for REDUCTION OF LIEN for
Jerry Hyman, 1104 South Seacrest Boulevard
POSTPONED AT JANUARY 21,1996 COMMISSION MEETING AT REQUEST OF
MR. HYMAN
2. Discussion regarding POWERS AND RESPONSIBILITIES of VISION 20/20
IMPLEMENTATION TASK FORCE
XII. UNFINISHED BUSINESS:
A. Consider FUNDING to replace CHAPEL HILL ENTRANCEWAY SIGN removed by the
City
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
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 PROCEEDING 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, (407) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
D Preliminary Draft 0 Revised Draft 0
Final Submittal
Requested City Commission
Meeting Dates
D December 3, 1996
D December 17, 1996
D January 7,1997
o January 21, 1997
Date Final Fonn Must be Turned
into City Manager's Office
November 25, 1996
January IS, 1997
Requested City Commission
Meeting Dates
o February 4,1997
D February 18, 1997
D March 4, 1997
D March 18, 1997
Date Final Fonn Must be
Turned into City Manager's
January 29, 1997
December II, 1996
February 12, 1997
December 30, 1996
February 29, 1997
March 12, 1997
NATURE OF
AGENDA ITEM
o Administration
o Bid
o Legal
o Consent '0 Presentation
o Public Hearing 0 New Business
o Unfinished Business 51 Other
(Development Plans)
DESCRIPTION OF
AGENDA ITEM (attach additional sheets and supporting documentation if necessary)
PROJECT: 500 E. Ocean Avenue
APPLICANT/OWNER: Chris Francois
LOCATION: 500 E. Ocean Avenue
DESCRIPTION: Request for an appeal of the CBD Design Guideline colors for shutters and
building walls and request for a fee waiver.
RECOMMENDATION
The Planning and Zoning Department recommends approval of the proposed colors. The fee
waiver isnot consistent with past procedure and is therefore not recommended (see attached
Planning and Zoning Department Memorandum No. 97-023).
/-,
J~~' ~
I
Department Head's Signa City Manager's Signature
D:\SHARE\ WP\PROJECTS\500-0CEA \AGENDANW. WPD
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-023
Agenda Memorandum
for
February 4, 1997 City Commission Meeting
TO: Dale Sugerman
City Manager
FROM: Tambri J. Heydenffd
Planning and Zoning "Director
DATE: January 29, 1997
SUBJECT: 500 East Ocean Avenue - ADAP 97-001
(CBD Design Guidelines color appeal and fee waiver request).
NATURE OF REQUEST
Christiane Francois, property owner of the building at 500 E. Ocean Avenue, zoned CBD, is
requesting approval of an appeal to staff's enforcement of the Central Business District Guidelines
with respect to:
· installation of teal window shutters on the east elevations of the building located at 500
Ocean Avenue
· painting the exterior building walls with a light peach color (Benjamin Moore 085)
The petitioner also requests a waiver of the administrative appeal fee (See Exhibit "A" - letter of
administrative appeal request, Exhibit "B" - letter of fee waiver request and Exhibit "C" - location
map).
BACKGROUND
Window shutters are regulated by the CBD Design Guidelines which allows the following colors:
-brown (Pantone 492C or other manufacturer's substitute)
-tan (Pantone 465C or other manufacturer's substitute)
-green (Pantone 349C or other manufacturer's substitute)
-blue (Pantone 294C or other manufacturer's substitute)
-white
Building colors are limited to tan and beige.
Staff has put together a collection of 30 color chips reflecting different shades of the above colors
that have been used over the years to approve plans. The proposed window shutter color is teal
(Benjamin Moore 66~which is not one of the approved colors, nor one of the Benjamin Moore
substitutions of these colors. The proposed color for the 500 E. Ocean Avenue building - light
peach (Benjamin Moore 085), is not one of these colors.
Permits are not required by the Building Division for painting. Therefore, if and when, someone
inquiries -about painting, they are generally referred to the Planning and Zoning Department to
Page 2
Memorandum No. 97-023
500 Ocean Ave. - shutters
ADAP 97-001
review with them the allowable colors. However, there is no enforcement system in place to
ensure that the color agreed to by staff ends up being the color that is installed. Several cases
of this nature have been noted recently. There was also a case in 1991, where a meat market
in the CBD painted their building red and yellow, without contacting the city prior to painting.
Although the case was brought to light, no action was taken because no color record could be
found to require restoration of the building's original color.
In this particular case, because more than just painting was to be done, a permit was required.
The permit for the installation of the window shutters was not completed as the staff comments
were never addressed. However, the shutters were installed and the owner was cited and fined.
The shutters have now been taken down as a result of Code Enforcement action (see Exhibit "0" _
building elevations) until the appeal is approved.
ANAL YSIS
The proposed color of the window shutters is not one of, nor close to, any of the colors
adopted as a part of the Central Business District design guidelines for architectural features.
Since the five shutters are located on the east side of the second story of the structure and
above the one story portion of the building, the difference between the allowable green color
and the proposed teal color may not be significant. There has been sentiment expressed
through the years that the CBD colors are outdated and drab. However, no formal action by
the Commission has been taken to suspend them or revise them. One of the tasks of the
Visions 20/20 RFP does include analysis of the Design Guidelines. Also, there are now rough
colored elevations of the proposed Ocean Avenue bridge design, which is within the CBD and
which incorporates colors not included in the Design Guidelines.
Regarding the fee waiver, staff has researched the fee waivers that have been approved by
the City Commission during the last six years. They are as follows:
· January 15, 1991 - The Hair Garden submitted by Helene Harrington for conditional use
approval for a beauty salon; a fee of $1,000.
· June 16, 1992 - Community Deliverance Church for site plan approval; a fee of $500 for
which a payment installment plan was established, rather than the fee waived.
Payment was never made due to the project improvements being revised and
processed administratively.
· August 18, 1992 - Mike Mrotek for Board of Adjustments and Building Board of
Adjustments and Appeals variances; fees of $500.
· October 20, 1992 - American Legion Post 164 for rezoning approval; a fee of $1 ,000.
· August 17, 1993 - American Legion Post 164 for a Board of Zoning Adjustment
variance; a fee of $400.
· November 16, 1993 - Jim Hudson for a zoning code amendment in connection with his
request for Agape Dry Cleaners; fees totaling $400.
· February 1, 1994 - American Legion Post 164 for site plan approval; a fee of $750.
· 1993-96 Annexation Program; fees totaling $58,250
Page 3
Memorandum No. 97-023
500 Ocean Ave. - shutters
ADAP 97-001
· November 1996 - Boynton Marina; conditional use approval fee of $1,500 (as part of
incentive package).
RECOMMENDA TIONS
Although not an agenda item before the Community Redevelopment Advisory Board and not
required to be reviewed by the CRAB, the CRAB considered this request at its January 13,
1997 meeting and recommended approval of the appeal for the color of the window shutters.
Since the new Ocean Avenue bridge will be a focal point in the CBD, it is logical and desirable
to consider the bridge colors as the basis for the future revision of the CBD Design Guidelines.
The wall and shutter colors proposed by the applicant are very similar to the bridge colors and
are recommended for approval.
Regarding waiving fees, generally staff does not recommend waiving fees unless there was
staff negligence in processing an application or incentives are given. This is not the case with
the shutters for the 500 E. Ocean Avenue building.
JL:bme
xc: Central File
D:\SHARE\WP\PROJECTS\500-0CEA\SHUTTERS.REP
EXHIBIT "A"
00 lli .IAN I 3 I9lJI' ~
522 East Ocean Avenue
Boynton Beach, Fl. 33435
January 9, 1997
City of Boynton Beach
Ms. Tambry Hayden
100 E. Boynton Beach Blvd.
Boynton Beach, Fla. 33435
Dear Ms. Hayden:
API"11"'j~Tn~W~ 4rPBl{'
As per Mr. Mike Ha~g's suggestion, I' am asking for aNva~~<<ri~e on the
color for the shutters installed at the 500 building on East Ocean
Avenue.
I would like to have a meeting with the code enforcement board and the
city commission at the earliest convenience.
This is in reference for case number 96-5630.
Sincerely,
(~'~? &a-J /~
Christiane Francois
Cf
Copy: Schmidt Industries
Code Enforcement, Boynton Beach
City COlmnission, Mayor Jerry Taylor
EXHIBIT "B"
Chrlslllnl Frlnclls/lIclnsllI Rill ESIIII Brl.er
526 East 0cat21 Ave
Phone 561-732-4305
Fax 561-734-0447
I!'~I ,> ,. FIVl
moo
PLANNING AND
ZONING DEPt
J(\
January 22, 1997
Miss Tambry Haiden
Planning and Zoning
City of Boynton Beach, Florida 33435
Regarding:500 Building East Ocean Avenue
Dear Tambry:
Pursuant our conversation of today, I'am requesting a waiver of
the fee in the amount of $200.00 which I have already given the
planning and Zoning Board.
If you need any further questions, please call anytime at 561-737-8836.
Thank you for your help in this matter.
Since re ly:,
/,~ ./- /}
r.-;,' P't~t.-t'Ld~ A;;;i;7u.~{)
~F' C ristiane Francois
EXHIBIT "C"
50" OCEAN AVENl-lE
ADMINISTRATIVE APPEAL
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EXHIBIT IIDII
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500 OCEAN AVENUE BUILDING
AS VIEWED FROM THE SOUTHEAST
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