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Minutes 09-17-02 (2)MINUTES OF THE REGULAR CITY CObIMISSION MEETING HELD IN COf4MISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER IT, 2002 AT 6:30 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Hike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. Invocation - Father Mark Szanyi, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Ferguson Father Mark Szanyi gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Ferguson. D. IF YOU WISH TO ADDRES~ THE C0HMIS$ION: · FILL OUT THE APPROPRIATE REQUEST FORM · GiVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME iNDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Herb Suss, a resident of Boynton Beach, complimented Commissioner Ferguson for his efforts to obtain funds from the County's bond issue to be used to improve the Golf Course Clubhouse. Mr. Suss felt that the City was being shortchanged because residents of the County and the City use the Golf Course. The Clubhouse needs to be renovated and the Golf Course is deserving of these funds. Mr. Suss requested that the Commission write to County Commissioner Warren Newell to ask him to reconsider his decision. The City has a first class Golf Course and deserves a first-class Clubhouse. Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida September 17, 2002 Henry York, 2424 N. Federal Highway, Boynton Beach, thanked the Commission for sending him the information that he requested. Mr. York asked if homes would be going up on the current Caf~ LaNotte site. City Manager Bressner explained that a petition was presented to the CRA last Tuesday for a proposal to construct townhouses on the property. The Community Redevelopment Agency tabled the matter at the petitioner's request because the CRA was not happy with the developer's plans. The item will be reheard by the CRA at their October 8th meeting. If the item goes forward, it would be on the City Commission agenda for the second meeting in October. Mr. York read what he had received from the Commission dealing with the costs for the development of Intracoastal Park. Mr. York asked why the City purchased this property back in 1988. City Manager Bressner and Mayor Broening stated that they would meet with him to answer his questions. James Miriana, 728 NE 8~ Avenue, Boynton Beach, was disappointed that the Commission approved the extension of the fire assessment He asserted that the taxpayers have not been told the real reason for the extension. Mr. Miriana remarked about the housing construction taking place in the southeast section of the City and acknowledged that this would require additional fire services. He asked why all that new construction has not increased tax revenues to offset the costs of a new fire station? Mr. Miriana also said that the citizens have not been informed of the additional yearly expenses that will be necessary for manpower of the new station that will also result in additional taxes. Trent Ward, 3102 Palm Drive, Boynton Beach, spoke about Barcelona Pre-cast located in the southeast corner of the City at 3025 N. Federal Highway. Mr. Ward pointed out that the property was annexed in 3uly 1998 and at that time the property owner did not have a permit to do any manufacturing at this property. He stated that the owner is currently manufacturing concrete products, 14-15 hours per day, illegally. The owner has no license to operate a business. He has put up buildings without permits and has paid taxes on those buildings. Mr. Ward stated that he spoke to Attorney Cherof many times regarding this situation and noted that this has been going on for seven years, l~f this doesn't get resolved, he is prepared to file a lawsuit, but would like to avoid this. The manufacturing is taking place right in his backyard and is producing pollutants. Lloyd Powell representing the owner at 1110-1112 N. Federal Highway, Boynton Beach, had two separate items that he wished Lo address. To the south of 1110 N. Federal Highway there is a building that has been vacant for at least five years and is an eyesore. It has been cited many times by Code Compliance. They are trying to sell their property and having this eyesore next to their building is a deterrent to anyone 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September ~.7, 2002 wanting to purchase their property. He requested that the City take action against the owner of the property. Mr. Powell noted that the recent Fire Assessment meetings were scheduled during holiday weeks, which prevented many people from attending. He would like to know how the Fire Assessment would benefit the property owner that he represents. He said he has never received an answer to this question. He noted that the Fire Assessment passed on a 3-2 vote. He commended Vice Mayor Weiland and Commissioner Ferguson for voting against the Assessment. Mr. Powell again asked the question and demanded an answer in a reasonable period of time of how the fire assessment benefits his property and why there is a discrepancy between categories of equal size. Ben Bryant, representing MADDADS of Boynton Beach, thanked the Commission for assisting with the funding of their organization in the amount of $4,000. He also thanked the City for moving forward with the Heart of Boynton initiative and allowing the residents to participate in the program. He pointed out that through the City's assistance, the 32 children in their academic program have improved their grades by 70%. He urged that the City continue to support MADDADS of Boynton Beach. Doris .lackson, 530 NW 12th Avenue, Boynton Beach, President of the Poinciana Heights Neighborhood Association, stated that their neighborhood is in need of more police presence. Ms. 3ackson said that Sara Sims Park needs better cleanups and maintenance, as well as the Wilson Pool area. They are planning street cleanups and the first one is scheduled for the first Saturday in October. She asked the City to help them in this endeavor. Kim Kelly, owner of Hurricane Alley, 529 E. Ocean Avenue, Boynton Beach, presented a petition for Saving the GALA, which is attached to the original minutes of the meeting. The petition is being presented for the purpose of keeping the GALA alive and to save the downtown. Ms. Kelly noted that the downtown is vital to the City's future. There is potential for millions of dollars in sales and property taxes that could pay for more police, firefighters, and better roads and parks. The City is being robbed of benefits because it has no downtown. Ms. Kelly urged that the GALA, which has been taking place for 2:L years, remain. She would also like to see other special events added. Ms. Kelly also pointed out that the City's concert series continues to be offered at Oceanfront Park in Ocean Ridge. Also, the up-coming bed races are being held at the Civic Center in a residential district. She questioned why these events are not scheduled in the downtown area. Mayor Broening closed the Public Audience. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 None Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Fisher moved to approve the Agenda. Motion seconded by Commissioner Ferguson and unanimously carried. III. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Weiland reported that he has a meeting with the City's Public Affairs/Special Events Director tomorrow and noted that there is an urgency in supporting and promoting the downtown. Commissioner McCray invited everyone to St..lohn Missionary Baptist Church on Sunday, September 22nd at 11:00 to join in the celebration of the Church's 94t~ Church Anniversary. Commissioner Fisher said that he was not aware that GALA was being cancelled. He requested an update. Commissioner Fisher would also like an update on the concrete manufacturer discussed during public audience. City Manager Bressner will provide a written report on both items. XV. ADMTNXSTRAT[VE: Accept resignation from Joy Currier, Regular Member of the Community Relations Board Motion Commissioner Ferguson moved to approve. Motion seconded by Commissioner McCray. Motion carried 4-1. (Comm/ssioner F/sher d/ssenb'ng) Mayor Broening remarked how selflessly Ms. Currier has given of her time to a great variety of causes and has served as a member of the Community Relations Board for many, many years. Her presence in the City will be missed. 4 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida September 17, 2002 B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date IV Fisher Children IA Youth Advisory Bd Stu/Reg/Voting 1 yr term to Mayor Broening Children lA Youth Advisory Bd Stu/Reg/Voting 1 yr term to I Weiland Children lA Youth Advisory Bd Stu/Reg/NonVoting i yr term to 4/03Tabled (2) 4/03 Tabled (2) 4/03 Tabled (2) I Weiland Bldg. Bd of Adj lA Appeals Alt 1 yr term to 4/03 I Weiland Community Relations Board Alt 1 yr term to 4/03 Tabled (2) II McCray Community Relations Board Reg 3 yr term to 4/05 IV Fisher Education Advisory Board Stu 1 yr term to 4/03 Tabled (2) Mayor Broening Education Advisory Board Stu i yr term to 4/03 Tabled (2) III Ferguson Nuisance Abatement Board Alt i yr term to 4/03 Tabled (2) III Ferguson Senior Advisory Board Alt i yr term to 4/03 Tabled (2) Vice Mayor Weiland appointed Howard Solomon as an Alternate Member to the Community Relations Board. Mayor Broening noted that since there is a Regular opening on that Board due to the resignation of Ms. Currier, he asked Vice Mayor Weiland if he would like to change his appointment to a Regular Member. Vice Mayor Weiland pointed out that Commissioner McCray has the Regular appointment. Commissioner McCray appointed Howard Solomon as a Regular Member of the Community Relations Board with a term expiring in April 2005. Commissioner Ferguson appointed Betty Spinelli as an Alternate Member of the Senior Advisory Board with a term expiring in April 2003. All other appointments were tabled. Motion The appointments were unanimously approved. V. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: None Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September ].7, 2002 B. Presentations: 1. Proclamations: "Sickle Cell Awareness Month"- September 2002 (accepted by Charlie Hudnell) Mayor Broening read the Proclamation declaring September as Sickle Cell Awareness Month and presented the Proclamation to Charlie Hudnell, the Board President of the Sickle Cell Foundation. Mr. Hudnell thanked the Mayor and Commissioners for their efforts to help find a cure for Sickle Cell. Recognition of the East Boynton Beach Senior League Team as the South Regional Champions and 2nd place Winners at the Senior League World Series City Manager Bressner announced that the East Boynton Beach Senior League Team was the South Regional Champions and finished second in the Senior League World Series. The City was behind the team 100% and an employee of the City who had a son on the team kept the City updated on their progress. City Manager Bressner stated that the City was very proud of the team. Mayor Broening and City Manager Bressner first presented certificates to Coach Ken Griffiths and Team Manager Dan Wilson. Mr. Wilson thanked everyone for their support and noted that it has been 49 years since any team in South Florida had progressed this far. He remarked how well the team represented the City and how proud he was of his team. Mr. Wilson pointed out that it was programs such as this that keep the kids off the streets and give them something to do. Mr. Griffiths announced that the team finished second out of 3,384 teams worldwide, which was a major accomplishment. He thanked all the parents and everyone in the City for their support. City Manager Bressner noted that the City had a banner made up that was displayed while the team played and requested that it be displayed for everyone to see. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Certificates were presented to the following team members: Dolan Owens Clay Wright Daniel Souza Jordan Meaney ]eremy Griffiths Shawn Arena Brandon Herring A.3. Howard Dustin Wilson Anthony Orr Stephen Vento Luis Maldanado VI. PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERIqtTS A. Project: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) crAaz o ro cna , Ea-rzN ocroaEn s, 2oo2) Schgai, ][nc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Proposed Use: Request to rezone from (C-3) Community Commercial to (][PUD) ][nfill Planned Unit Development Development of 54 fee-simple townhouses Project: Agent: Owner: Location: Description: Proposed Use Merano Bay (LUAR 02-006) (~'ABZ~O TO CRA MEETXNG Of OCTOBER 8~ 2002) Carlos Ballbe, Woodside Land Development Corp. Autozone, ][nc. Southeast corner of Shore Drive and Federal Highway Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to ][PUD ][nfill Planned Unit Development 20-unit fee simple Town homes and related site improvements Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 1.7, 2002 Mayor Broening announced that the items under Public Hearing have been postponed. VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of August 29, 2002 Special City Commission Meeting of September 3, 2002 Regular City Commission Meeting of September 3, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Award the bid for "THE CONSTRUCT[ON OF INTRACOASTAL PARK," Bid #048-2413-02/C]D, to MCTEAGUE CONSTRUCT[ON COMPANY, INC. of Stuart, Florida, in the amount of $1,943,440 (Proposed Resolution No. R02-136) (TABZ£O ON AUGUST 2~, 2002) Commissioner Fisher pulled Item B.1 for discussion. 2. Approve the "piggy-back" of the TOWN OF WALLINGFORD, CT. BID #01-103 for the PURCHASE OF A SEWER TELEVISING TRUCK from CUES, INC. in the amount of $111,050 Award Areas 'B' through 'J,' Bid #072-2511-02/KR, "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR C1TY FACILITIES" to Cleaning Systems, Inc. for an estimated annual expenditure of $183,362 - AND - Award Area 'A' to City Custodial Staff (Proposed Resolution No, R02-157) Vice Mayor Weiland pulled Item B.3 for discussion. Award the Request for Proposal for the "Rewriting of Land Development Regulations for the City of Boynton Beach," RFP #065-2414-02/KR, to the RMPK Group, Inc. in the amount of $70,000 (Proposed Resolution No. RO2-1.58) Extend the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE," Bid #081-2730-01/KR, for 30 days, or until such time a new 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 contract is in place, for an estimated expenditure of $51,252 (New Bid #084-2730-02/KR) Multi award Bid #068-1412-02/~D "ANNUAL CONTRACT FOR AUTOMO'r]VE PARTS AND SUPPLIES" on an overall basis broken down into two sections: Warehouse Inventory and Non-Stocked items, with an estimated annual expenditure of $150,000 Resolutions: Proposed Resolution No. R02-159 Re: Appointing Palm Beach County Supervisor of Elections to handle and canvas all absentee ballots for the November 5, 2002 General Election and, if necessary, the November 19, 2002 Run-Off Election; to represent the Municipal Canvassing Board at all Logic & Accuracy Tests; and to certify the election results Proposed Resolution No. R02-160 Re: Approving two Agreements for Water Service Outside the City Limits for 1) A.E. Verzaal as owner and Holiday Organization, [nc. as contract vendee and 2) Stratford Greens, LLC as owner Proposed Resolution No. R02-161 Re: Approving a contract with URS Corporation for Phase [ of the Preparation of a Greenway/Bikeway Master Plan, RFQ #041-2413-02/KR, at a total cost not to exceed $16,350 Proposed Resolution No. R02-162 Re: Approving release of cash bond of $9,871.40 to the Congregation of 3ehovah's Witnesses, Tnc. Proposed Resolution No. R02-163 Re: Executing the First Amendment to the NPDES ]~nterlocal Agreement, extending the term of the present agreement until a new five-year NPDES permit and Interlocal agreement are finalized Proposed Resolution No. R02-164 Re: Approving reduction of surety in the amount of $158,537 for the potable water and sanitary sewer portions of the project known as Alta Chase Proposed Resolution No. R02-165 Re: Special Warranty Deed conveying title to Arnisa Hill for Lot 29, Block 14, Rolling Green Ridge First Addition Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17~ 2002 Proposed Resolution No. R02-166 Re: Approving Change Order No. 1, in the amount of $35,000, to the "Heart of Boynton Beach" project for the Master Plan and Schematic Design for Wilson Community Center and Park, Sara Sims Park and surrounding Heart of Boynton Beach Neighborhoods with 3EG Associates, ThC. Proposed Resolution No. R02-167 Re: Letters of Appointment for Peter Mazzella, Deputy Utilities Director, and Barbara Conboy, Manager, Utilities Administration 10. Proposed Resolution No. R02-168 Re: Letter Appointment for 3ohn McNally, Manager of T.T.S. of 11. Proposed Resolution No. R02-169 Re: Accepting an amended Exhibit "A' to the license agreement with VDS Associates, Ltd. for the installation and maintenance of landscaping improvements at the northwest corner of Federal Highway and Old Dixie Highway (Villa Del Sol) 12. Proposed Resolution No. R02-170 Re: Approving a Consultant Contract Amendment in the amount of $134,218.15 with Kimley-Hom and Associates, Tnc. for additional Construction Phase Services in support of the Tndustrial Avenue Corridor/Lake Boynton Estates Tnfrastructure Tmprovement Project D. Ratification of Planning & Development Board Action: Woolbright Plaza (ZNCV 02-009), SW Corner of Woolbright Road and Congress Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district (TABZED ON S£I~T£~40~1~ 3~ 2002) Commissioner Fisher pulled ]Item D.1 for discussion. E. Ratification of CRA Action: The Harbors (NWSP 02-012), 2300 North Federal Highway - Request to construct 54 fee-simple townhouse units on 3.21 acres (Site Plan Approval) 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Accept the written report to Commission of purchases over $10,000 for the month of August 2002 for informational purposes Approve revisions to Library Overdue Fines Approve the updated Library Long Range Plan for 2003-2005 Accept the renewal quote for 2002-2003 from the Florida League of Cities/Florida Municipal Insurance Trust Release of $1,100 Builders Cash Bond to Tosca Catering, 4707 N. Congress Avenue Motion Commissioner McCray moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Fisher and unanimously carried. Award the bid for "THE CONSTRUCT[ON OF INTRACOASTAL PARK," Bid #048-2413-02/C]D, to MCTEAGUE CONSTRUC'I-[ON COMPANY, INC. of Stuart, Florida, in the amount of $1,943,440 (Proposed Resolution No, R02-136) ('FABZ£O ON AUGUST 20, ~00~) Commissioner Fisher noted that staff recommended at the previous meeting to award the contract to the second lowest bidder for the construction of Intracoastal Park. The item was tabled to provide staff a further opportunity to review the information received. Commissioner Fisher asked for an update. City Manager Bressner reported that staff and the consulting engineering firm reviewed the material and have reaffirmed their recommendation to the City Commission to award the contract to the second Iow bidder, i.e., McTeague Construction Company, Inc. of Stuart, Florida in the amount of $1,943,440. Commissioner Fisher asked if there was any specific information that this decision was based upon not to award the bid to the lowest bidder. Commissioner Fisher said that he had received information, which he felt nullified any negative information previously received. City Manager Bressner stated that the City Commission had the right to disagree with staff's recommendation. Commissioner Fisher reiterated his previous statement asking if there was a specific piece of information or document that would support staff's decision. City Manager Bressner read the recommendation from Wallace, Roberts & Todd recommending the second Iow bidder. City Manager Bressner suggested that the 11 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida September 17~ 2002 Commission work with the existing written documents that have been presented because the possibility of litigation is imminent. Geoffrey Sluggett, 1000 Palm Beach Lakes Boulevard, West Palm Beach, represented DiPompeo Construction. He introduced the principals of DiPompeo Construction, Mr. John DiPompeo, Sr. and Mr. John DiPompeo, Jr. Mr. Sluggett asked that the Commission reject staff's recommendation and award the project to DiPompeo Construction, the lowest bidder. Mr. Sluggett felt that the decision was based upon comments made by Palm Beach County regarding DiPompeo Construction and a project that was put out to bid. He stated that they submitted documentation to the Commission that indicated that all the other references for his client were favorable. Two weeks ago they submitted to the Commission a booklet on DiPompeo Construction that included recommendations, commendations and certificates of appreciation from numerous municipalities and jurisdictions in South Florida regarding past projects. He pointed out that DiPompeo is licensed and has an overall bonding capacity of $50 million. If they were not qualified, they would not be able to obtain bonding. They are bonded by Travelers Insurance and The Hartford Insurance Group; two top rated insurance companies in the Country. Tf the issue involved the personality of the principals of the company, this has nothing to do with awarding of a bid. Mr. Sluggett stated that there is a settlement agreement that has been agreed upon between the County and his client and they are awaiting receipt of the final document for execution. Further, he cautioned the City on approving the engineering consultant's recommendation because they are not attorneys and do not have expertise in the public procurement process. The competitive process, by design, is not subjective and if the City wanted to hand pick the contractor, they should have used other processes. Mr. Sluggett noted that in the construction business there is always the possibility of some kind of dispute. With regard to McTeague, Mr. Sluggett stated that they too had disputes on other projects. If the contract is not awarded to his client this evening and the City goes with McTeague, this will have a devastating effect on Mr. DiPompeo's business. In conclusion, Mr. Sluggett stated that DiPompeo is committed to working with the City; they want the job; and they want to do it right the first time. In addition, there is a $34,000 savings to the taxpayers. He pointed out that the City of Royal Palm Beach awarded DiPompeo a $3.5 million park project. Mr. Sluggett requested that the Commission not award the contract to McTeague Construction; reject staff's recommendation; and award the contract to DiPompeo Construction. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Mr. 3ohn DiPompeo, Sr., 2301 NW 33r~ Court, Pompano Beach, Florida, CEO of DiPompeo Construction Company, has been in business for 47 years. He has never had a problem in all those years where politics played such an important role. Mr. DiPompeo pointed out (1) that they were the Iow bidder among 13 bidders; (2) they are very qualified and have performed all their jobs to completion; (3) they have never been replaced on any job; and (4) most importantly, they were the legitimate, Iow, qualified bidder. He feels that they are the victims of a witch-hunt to disqualify them from the project. This is not right and would give the City a bad name. Hr. Bruce Alexander, a partner with the law firm of Boose Casey Ciklin Lubitz Martens McBane & O'Connell in West Palm Beach, practices in construction law. Mr. Alexander stated that he knows of no legal authority that permits a governmental agency to reject the lowest bidder because of the propensity that there may be potential claims or a personality conflict exists. He noted that a governmental agency has broad discretion to award jobs, but cannot act arbitrarily. The question must be asked if the Commission would be acting arbitrarily by awarding the contract to McTeague and not to DiPompeo. He pointed out that many other bidders and contractors that performed work for the City had prior claims, but they were not rejected on that basis. if the award is given to McTeague, a precedent would be set where every second Iow bidder will look to see if the Iow bidder had claims. ]~f this happened, these bidders would come to the Commission and ask that the Iow bidder be rejected and the contract be awarded to them. This will set a precedent not supported by law. Mr. Alexander pointed out that once the claim with Palm Beach County is settled, DiPompeo will have no claims. He further stated that if DiPompeo was not awarded the contract, they would file a bid protest and would use legal channels to defend themselves. He pointed out that the Commission has the right to award the contract to DiPompeo tonight, thus avoiding the bid protest process. He respectfully requested that the project be awarded to DiPompeo. City Manager Bressner said that in the event the Commission does not go with staff's recommendation, staff will be able to work with any contractor to get the job done. He noted that it was staff's position to follow policy directions of the City Commission. Vice Mayor Weiland pointed out the problems that the City had with the contractor that performed the Gateway Boulevard project. In order to avoid these types of problems, when it was time to award the Ocean Avenue contract, the award was given to the second lowest bidder, because the Iow bidder had some discrepancies. Commissioner Fisher recalled that the reason the lowest bidder on the Ocean Avenue contract did not get the contract was due to the fact that they had an issue with completing the contract on time and on budget. In this instance, this is not the case. l~t appears that the decision was made based upon a personality conflict. The main 13 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida September ~.7, 2002 concern of this Commission is to make sure that the project is a quality project and is done on time and on budget. Commissioner Fisher does not want to spend taxpayer dollars to go to court and he has not seen anything to show him that the award should not go to the Iow bidder. Commissioner McCray also felt this was a personality issue. The construction of Intracoastal Park is in District 2, which is his District, and it has been on the table for a long time. He noted that the Commission is the fiduciary of the City dollars and this should be kept in mind when making a decision. Mayor Broening was very uncomfortable about the situation and noted that whenever there are governmental contracts, there will always be claims for various reasons. He found no substantial difference in any of the bids. Mayor Broening noted that Palm Beach County has not evolved away from the "good old boy system" and that DiPompeo has made a good case for themselves. Vice Mayor Weiland pointed out that if the Commission decided to go with DiPompeo tonight, the agenda item calls for awarding the contract to McTeague. Vice Mayor Weiland also felt that if the contract was awarded to DiPompeo, there was nothing that would prevent McTeague from coming back and asking the Commission to award the bid to them. He would like to see the project move forward as soon as possible. City Manager Bressner responded that the Commission could award the contract to either DiPompeo or McTeague tonight. The bid for McTeague is in the bid packet and staff is recommending that the base project be awarded plus Alternatives i and 2. DiPompeo's bid was - Total Construction Costs Prefabricated Wall Tot Lot and Fence Total $1,767,000 42,000 100,000 $1,909,000 McTeague bid was - Total Construction Costs Prefabricated Wall Tot Lot and Fence Total $1,771,640 43,400 128,400 $1,943,440 Total Difference - Motion Commissioner Fisher moved to award the bid to DiPompeo Construction for ]~ntracoastal Park in the amount of $1,909,000. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll. The motion passed 4-1 ('Y/ce 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Award Areas 'B' through 'J,' Bid #072-2511-02/KR, "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR C1TY FACILITIES" to Cleaning Systems, Inc. for an estimated annual expenditure of $183,362 - AND - Award Area 'A' to City Custodial Staff (Proposed Resolution No. R02-157) Vice Mayor Weiland reported that the Union contacted him and informed him that they would be present tonight to present some questions. He noted that the person who contacted him was not present. City Manager Bressner responded that they met with representatives of the Union and staff before the recommendation was brought to the Commission, Motion Vice Mayor Weiland moved to approve Item B.3. Motion seconded by Commissioner Ferguson. Mayor Broening announced that no current City employee would lose his or her job and at the same time, the City would save $50,000 in the new budget. Motion carried 5-0. Woolbright Plaza (ZNCV 02-009), SW Corner of Woolbright Road and Congress Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district ('rAB££D ON $£P~'£MB~R 3~ 2002) Mayor Broening suggested that the public speak first on the item. Mr. Ensler requested that the applicant make their proposal so that the public could comment on the proposal. Mayor Broening pointed out that the item was removed at the request of one of the Commissioners for discussion and the proposal had been previously presented. Commissioner Fisher suggested that the applicant present anything new that they may wish, which was agreed to by the Commission. Press Tompkins, agent for the Woolbright Plaza, stated that they appeared before the Planning and Development Board several months ago. He pointed out that there was a utility easement on the west property line that abuts the lake. The applicant was 15 Meeting Minutes Regular City Commission Meeting Boynton Beach~ Florida September :L7, 2002 instructed to obtain a variance for not placing a concrete wall that would encroach on the utility easement. The applicant presented a landscaping plan in place of the concrete wall that would enhance the landscaping to make it as opaque as possible. The Planning and Development Board rejected the plan because they did not feel the plan was dense enough. They have since met with Mr. Pete Mazzella of the Utilities Department and they have agreed to allow a chainlink fence within the landscaping. The fence would contain slats to increase its density. New drawings were submitted to staff. They are proposing to erect a 6' chainlink fence with opaque slats to prevent headlights from shining through across the lake that is over 600' to the nearest residence. Two plans have been prepared. Plan A would place the fence on the property line and Plan B would place the fence within the landscaping. They are agreeable to either plan. They are requesting that the variance be approved to replace the masonry wall with landscaping and a 6' fence. Commissioner Fisher inquired why the concrete wall was not allowed. Mr. Tompkins responded that the Utilities Department does not allow a concrete wall within a utility easement because the concrete wall would impede access to the water mains. Mr. Tompkins clarified that they are only placing the fence in areas that would be affected by the headlights. Commissioner Fisher inquired if the easement could be accessed from another area. Mike Rumpf, Planning and Zoning Director, stated that there was no other way to access the easement. The only way to keep the wall would be to scale back the project to place the wall outside the easement in the proposed parking area. He pointed out that this is a very large water line and a great amount of land is necessary if the line had to be dug up. City Manager Bressner added that a ~.2" water main is a major distribution line and it runs north and south of the property. City Manager Bressner also noted that it would not be practical to relocate the main. Commissioner Fisher had concerns that the slats on the fence could blow off into the lake. Vice Mayor Weiland was of the opinion that with the fence and slats, combined with a very dense landscape buffer, this would be sufficient. Vice Mayor Weiland suggested that it could be a condition of approval upon inspection of the site by the City, that the buffer must be maintained in its entirety, as approved tonight. Mr. Tompkins said that they would have no objection to this. City Manager Bressner inquired if the applicant would be agreeable to placing the fencing on the other side and putting the landscaping on the lakeside so that the fence would not be visible to the residents on the other side of the lake. Mr. Tompkins had no objection to this suggestion. Mr. Rumpf stated that staff is recommending that the fence be a green vinyl coated fence to blend in with the landscaping. Mayor Broening opened up the meeting to the public. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17~ 2002 Herb Suss, a resident of Quail Run, noted that the applicant previously applied for a variance for an elevated tower. He pointed out that the elevator was unnecessary and the tower was 17' above code. Quail Run was against this. Mr. Suss stated that the applicant purchased the property in 1996 and knew about the easement. He felt that the roots of the trees would be detrimental to the utility infrastructure. Mr. Suss pointed out that the Planning and Development Board denied the variance on a 6-1 vote. Mr. Suss also said that his community did not receive notification of the September 3rd hearing and he read the applicable code section pertaining to notification of variances. He felt that the applicant acted improperly in having the item placed on the September 3rd agenda, and he urged that the Commission accept the Planning and Development Board's decision to deny the variance. Mr. Suss had concerns that the fence would rust and the plants would die and not be replaced, since he had little confidence in the applicant. Mr. Suss pointed out that originally Quail Run supported the application, but they have changed their mind because they feel that the applicant is unreliable. Bob Ensler, 26 Woods Lane, Boynton Beach, said that the wall is necessary to protect the residential area from the commercial area. He pointed out that light and sound scatter over distances, especially over a lake, and in this particular instance would end up in someone's bedroom. He pointed out that the applicant has caused this condition to exist because the building was improperly designed, leaving no room for a wall. Mr. Ensler suggested that the applicant should have applied for a variance on parking. The variance for the wall is detrimental to the residential area, but the variance for the parking would only be detrimental to the occupants of the building. He requested that the architect go back to the drawing board. Benedict Cappello, 2634 Spiceberry Lane, Boynton Beach, presented a petition signed by residents opposing the variance, which is attached to the original minutes on file in the Office of the City Clerk. Mr. Cappello also presented photographs of various commercial buildings in the City that have walls between the businesses and the residences. The residents of Quail Run are concerned about automobile headlights shining into their homes at night and causing undue hardship. He felt that the applicant was manipulating the City Codes to their own benefit. Mr. Cappello said that if the developer had designed the project properly, knowing that the utility easement existed, the buffer wall would not be an issue. The applicant should be required to relocate the concrete wall by eliminating some of parking spaces. He noted that the applicant does not meet the requirements to be granted a variance since they should have designed the project in accordance with the City's building 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 requirements. Mr. Cappello requested that the Commission deny the request for the variance. He pointed out that there are already lights shining into their community from another project that does not have shields on their light poles. Mr. Cappello also referred to the settlement between Krispy Kreme and the residents of that neighborhood and noted that Krispy Kreme would be erecting a 6' concrete wall to act as a sound and light barrier. Mr. Cappello furnished a copy of his statement to the Recording Secretary. Robert Balogh, 1727 Wood Fern Drive, Boynton Beach, stated that the Constitution of the United States was adopted to promote the general welfare of its citizens. This project does not promote the general welfare of the residents, nor does it prevent headlights and noise coming across the lake. Most importantly, the project does not protect the citizens on a safety level. Mr. Balogh recited traffic statistics that he felt would apply to the granting of this variance. One of the statistics indicated that there were over 600 accidents resulting from drivers driving into lakes and canals. A concrete wall would not permit automobiles from going into lakes and canals, but hedges and chainlink fences do. He was also of the opinion that most people who frequent Walgreens were ill and impaired and need to be protected. He was in favor of granting a variance to reduce the parking area to erect a concrete wall. Mr. Balogh referred to the article regarding the Krispy Kreme settlement that stated that the City was not part of the solution. Mayor Broening corrected him and pointed out that the City did participate in the resolution of the dispute. Mr. Balogh requested that the Commission also find a solution to this problem. Teresa Markey, 2616 Spiceberry Lane, Boynton Beach, lives across the lake from the proposed development. Ms. Markey requested that the applicant be required to erect a concrete wall. She would like their privacy and quality of life protected. She purchased lakefront property to enjoy the view. The office buildings across the lake installed large parking lot lights that are not shielded and shine into the homes and bedrooms, thereby depriving them of the lake view at night. They have been forced to install room-darkening shades because of the glare. She requested that the applicant be required to place shields on their lights to prevent more glare onto the lake. Ms. Markey asked that the existing buildings across the lake be required to install shields on their lights. Mr. Tompkins rebutted that they are not trying to circumvent the City Code, but are trying to address the placement of the water main. Not only must they deal with the City Code, but must also meet Walgreens' criteria to be attracted to a site. Mr. Tompkins said that they would be placing Sable and Areca Palm trees in the buffer, which is agreeable with Utilities. The Palm trees would be planted in groups of threes. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 He stated that they have never tried to mislead the Commission. When the elevator shaft was brought up at the first meeting, he corrected himself in front of the Commission and said that he had made a mistake. It was an honest mistake. Mr. Tompkins pointed out that he is an engineer, not an architect. Mr. Tompkins stated that the fence would have fiberglass slats that would be connected to the fence to provide 95% opaqueness. There would also be no overflow of lights onto the lake because they would be shielded and contained on their property. Commissioner Fisher inquired if Walgreens needed all the parking spaces. Mr. Tompkins was not certain and noted that they had to adhere to the City Code with regard to parking spaces. Commissioner Fisher suggested changing the parking allocation to allow the wall to be placed on the site. Vice Mayor Weiland inquired if the applicant was above the parking requirements and Mr. Tompkins responded that they meet parking requirements. For clarification purposes, Commissioner Ferguson noted that the Commission is being asked to ratify staff's recommendation to deny the variance. Mayor Broening asked the applicant how he would feel about changing the parking arrangements. Mr. Tompkins had no objections to this, but would have to speak with Walgreens. Commissioner McCray pointed out that the City looks to its Boards for guidance and the variance was turned down 6 to 1. He suggested sending the item back for a variance on the parking so that the wall could be placed on the site. Commissioner Fisher inquired if the variance request could be changed from a wall to parking. Attorney Cherof said that the item needs to go back to the Planning and Development Board. Mayor Broening inquired how many parking spaces would be eliminated if the wall was moved. Mr. Tompkins equated this to approximately 25 spaces along the western boundary. Commissioner Fisher asked how many parking spaces were on the entire project. Mr. Tompkins responded that Walgreens required 73 spaces. M~ti~n Commissioner Fisher moved to refer the variance back to staff to modify the variance in order to reduce the parking requirement so that the wall could be moved back and that staff be directed to expedite the item so that it could be heard by the Planning and Development Board as soon as possible. Attorney Cherof reminded the Commission that the applicant is going to have to prove hardship regardless of what entity hears the item. Because it is a new application for a variance, it would have to go back to the Planning and Development Board. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September ].7, 2002 City Manager Bressner asked whether a change in the parking arrangements would, in effect, negate the site plan? City Manager Bressner asked how many total parking spaces there were on the site and was informed there were over 200 parking spaces. He suggested referring the item back to Planning and Development for their recommendation. Commissioner Fisher pointed out that this was contained in his motion to reduce the parking and move the wall back. City Attorney Cherof responded that the applicant would have to modify their application for the variance and appropriate notice would have to be given. Commissioner Fisher said that if his motion were approved, he would like staff to assign someone to work directly with the applicant to expedite the process. Mr. Rumpf inquired if the direction was that the item would go back to the Planning and Development Board in two weeks and then be placed back on the Consent Agenda. Mr. Rumpf recommended that the Commission deny the variance and that the applicant initiate a new variance process. Mr. Tompkins noted that if the variance was denied, there was a waiting period before they could apply for another variance. Mayor Broening pointed out that it was the Commission's intent to modify the variance; they do not want to deny it. Commissioner Ferguson seconded the motion. Vpte Motion passed 5-0. Mr. Tompkins had an additional item that he wished to address. He pointed out that the original site plan was approved with a 20' sign that is allowed by Code. He noted that in one of the conditions of approval there was a suggestion that the sign be limited to 12'. Mr. Tompkins asked for clarification on this item. Commissioner Fisher pointed out that this was a separate issue and he recommended that the applicant discuss this with staff. VIII. CI'~' MANAGER'S REPORT: None IX. FUTURE AGENDA ITEMS: Review of Professional Services Contract between City of Boynton Beach and Smith, Ballard & Logan, P.A. (October 1, 2002) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the 2O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida XI. September 17, 2002 Boynton Beach Boulevard Promenade and Riverwalk Tabled to November 19, 2002 FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) DEVELOPMENT PLANS: None NEW BUSINESS: A. Approve the Special Event Permit request for the Dickman wedding and reception at Oceanfront Park on October 21, 2002 Mgtion Commissioner Ferguson moved for approval. McCray and unanimously carried. XTI, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Motion seconded by Commissioner Proposed Ordinance No. 02-050 Re: Rezoning a 10,37-acre parcel from PUD (Planned Unit Development) district to PU (Public Usage) (Bethesda Hospital) City Attorney Cherof read proposed Ordinance No. 02-050 by title only. M~tion Commissioner Ferguson moved to approve proposed Ordinance No. 02-050. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-051 Re: Rezoning the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to allow for the planned Mixed- Use Marina Project 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September ;I.7, 2002 City Attorney Cherof read proposed Ordinance No. 02-051 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 02-051. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. B. Ordinances - Ist Reading None C. Resolutions: None D, Other: Alhambra request for authorization to process amendment to Court Stipulation regarding land use zoning and use restrictions City Attorney Cherof explained that this item is for authorization to resubmit to the court for relief to amend rezoning the property. He pointed out that City staff cannot review an application to amend the zoning on this properb/ because there is a Court Order that locks it in. City Attorney Cherof is not requesting that the property be rezoned, but is requesting relief to process an application for rezoning. Vice Mayor Weiland asked City Attorney Cherof if this was a request from Legal, and he stated it was. Vice Mayor Weiland thought that this process would be circumventing the court and noted that the reason that the City went to the Court originally was to make a decision. City Attorney Cherof is requesting that the City be allowed to accept an application for rezoning; otherwise the City would have to state that it cannot accept an application because of a Court order. City Attorney Cherof responded that this is the only way the City could proceed. He pointed out that the two adjacent Homeowner Associations have consented to reviewing the issue. Motion Commissioner Fisher moved to approve. Motion seconded by Commissioner McCray and unanimously carried. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 XIII. UNFINISHED BUSINESS: None IV. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 8:55 p.m. Al-rEST: Recording Secretary (Three tapes) Commissioner (September 19, 2002) 23 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clel Commission to the start of the City Name Address Telephone # Summary of Matter to be Addressed topic per card} If a person ' decision = the City Commission with respect to any matter considered at this meeting, he/she will need a r and, r such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxfiiary 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. Pisase contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~ ~//9 ~e~-~ Address ~' ~ ~ ~ ~/~ ff~ ~ Telephone # 2~ ?-- //~ ~ ~Agenda # 7// ~ ~-- Summary of Matter to be Addressed - (One to~tc per card} Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin~ he/she will need a record of the proceedings and, for auch purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.0105J The City shell furniah appropriate auxiliary aids and services where necea~ary 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 Coateilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate yottr request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Telephone # ~/// Agenda # Summary of Mattes to be A~essk- lone topic per card) Ifa person decides to a~al any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of~e proceedings and, for such ptLrpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a diubflity an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City NameCommission Meeting. ,/~/~ , . Address Telephone # ~ J Agenda # of Matter to be Addressed-IO~o~c Summary card) per ' ~ ~ ' ~ '~ /" ~ / /~'' I / I If a person decides to appeal any decision made by the City Commission with res~t 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 eh~uro that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be~b~sed. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to affoYd an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably acco,~,~odate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the infomation called for below and give to the City Cler~prior to the start of the City Commission Meeting. Name ~ .~/~ ~ (~} ~ ~C~ Address // Telephone # Agenda #~--. /,._l--') ~£ / O~/-~P/~ Summary of Matter to be Addressed ~One topic per card} Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at thio meetln_% 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 proceedinf~ is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105J The City shall fiLrnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CI~f COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~_.~'~ F~ / ~ ~--~ Address / Telephone # 7~ ~ ~ / ~ Summa~ of Matter to be Addressed~ne topzc per card} ~ '. - If a perzon decides to appeal any dec.ion made by the City Comm~lon with ree~ct to any matter co~dered at ~ meetS, he/zhe w~ need a record of the proceed~z and, for such p~se, he/she may need to e~m that a ~r~t~ record made, which record ~cludes the test~ony and e~dence u~n which the appeal ~ to be based. ~F.S. 2~6.0105~ The City e~H ~nish appropriate a~ aide and se~ces whe~ neces~ to afford an ~dt~d~ opportunity to pa~icipate ~ and enjoy the ~nefl~ of a ae~ce, pro.ram, or actl~ conducted by ~e Ci~. ~ea~ contact ~oyce Cozte~o, ~561~ 742-6013 at least ~enty-fo~ ho~ prior to the program or act~ ~ order for the city to ~a~nably accommodate yo~ ~quest. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Commission Meeting. Address Telephone , to the start of the City Agenda Summary of Matter to be topic per card) If a person decides to appeal any n with respect to any matter considered at this meetin~ he/she will need a record of the proceedings and, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F..q. 286.0105) The City shall furnish appropriate aumiliary 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 Coetello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accormmodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone # ~, ~ · -I~op,c p d} ~ . ~/~__ ~~ If a pemon decides to appeal any decision rode by the Cl~ Comm~lon wl~ respect to any roarer co~ldered at ~h meetS, he/she w~ need a record of ~e p~ceed~8 and, for such p~pose, he/she may need to ensue tht a ~rba~ record of ~e p~ceed~8 h made, which record ~ude8 ~e testimony and e~dence u~n which the appeal h to be baoed. (F.S. 286.0105~ The City shall ~nish appropriate a~ia~ ~id8 and se~ces where necem~ to afford an hdi~d~l with a dhab~i~ an eq~ opport~t~ to participate in and enjoy ~e benefits of a se~ce, program, or acti~ conducted by ~e Ci~. ~ea~ con.ct Jo~e CosteHo, (561) 742-6013 at least twenty-four ho~s prior to the program or acti~ ~ order for the city to ~a~nably accommodate yo~ request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. >, Address / ~ ~ ~' ~ / Summa~ of Matter to be Addressed - ~n~per card) If a person decides to appeal any decision made by the Ci~ Commi~ion with respect to any matter considered at this meeting, he/she wffi need a record of the proceeders and, for such purpose, he/she rely need to ensure that made, which record includes the testimony and e~dence upon which the appeal is to be based. (F.8. 286.0105] The Ci~ sha~ f~nish appropriate a~ia~ aids and se~ces where neces~ to afford an indl~dual with a d~ab~ an equal opportunity to participate ~ and enjoy the behests of a se~ce, pro~ram, or acti~ty conducted by the City. Please contact Joyce Costello, ~61~ 742-6013 at least twenty-four ho~s prior to the pro,ram or actt~ty in order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to th/~ start of the City Commission Meeting. Name ~ ~ ~ ~ ~:: -- ,----- Address Telephone # ~- ~/ )/4~/?,j~-L ._~~'~ J . Agenda # '-J~--~-~ ~ Ifa ~r~n decide~ to ap~al any deccan made by the City Comm~lon with res~ct to any ~er co~tdered at ~ mee~, he/she w~ need a record of ~e proceeders and, for such p~se, he/she may need to ensm ~at a ~r~t~ record of made, which record ~cludes ~e testimony and e~dence upon which the appeal ~ to be ba~d. (F.8. The City shah ~h appropria~ a~ aids and *e~ces whe~ necem~ to afford an ~dl~d~ with a d~abfli~ an opportunity to participate ~ and enjoy the benefits of a se~ce, pro.am, or acti~ conducted by the Cl~. ~ea~ con.ct Joyce CosteHo, ~561) 742-6013 at least ~enty-fo~ hours prior to the p~ram or acti~ ~ order for the ci~ to readably accommodate yo~ ~quest. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission MeetinE. Name Address J Telephone# ~s e~/~ )~~ Summary of Matter to be Add s If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello~ {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and §ire to the City C~prior to the start of the City Commission Meeting. Name ~1~ e.~/Z--/ k'/D~-~ ~-~ Address ~1. ~- c{ Telephone ~ ~ Summa~ of Matter t~be ~ed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello~ (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~ -~ ,/~-] r! /~'VI -/~v Address ? ~ ~ /~ F ~a ~e . ~. ~ Telephone ~ ~,~ 3 -~J ~ Summa~ of Matter to be Addr~Z~ ~,:,~~?/- 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 ensttre that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.01051 The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. ~ Name ff ~. /U~_ _ J Address ~//J ~-- ~~/~/ Telephone # 5-~/' ~ ~ ~ ~ ~S' Summa~ of Matter to~ ~~ ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate atu~lliary aids and se~ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a serv/ce, program, or activity conducted by the City. Please contact Joyce Costello~ (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ame Llano Address Telephone # '~ '~ ;~ c[~// Summa~ of Matter to be Add~e~ed ~ ~~ Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a servlce~ program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~-/-~7~ / Address / Telephone # '/~ ~' - ~/~/~// / Summary of Matter to be Ad, Ted ' ' If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~g ~ Address ~/-~ ~/~.~, 8/)~ ~'c/~ Telephone # ~-/~ / ~g) 7 ' ~/~'~ //~/ of Matter to b~ Address~/~a~--~ ~l' 7/` o~l' ~ Summary Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate au~liary aids and se~ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello~ {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the informatio/u~called for below a~ud~give to the City Cler~prior to_,tlie-sta{t of the City Commission Meetia/~. I ~ / } ' I/~/~ /~) ' Na me ~~/''~-~l~(/ff~ ~~~/~~~/~ Address~~~~ ~ ~ Su~a~,~terto~ ~ ~ ~/~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {$61) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee~ting. Name ,~./£~ ~'~/ ~ ,i Address 0~ .~- ~{ ~/L~- ~ Summa. of Matter to be A~~ /)~ Z/~ ~~:X'~, If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a se~ice~ program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. SEVEN ELEVEN- LAWRENCE AND HYPOLUXO 6 1:OO3' WALL BETWEEN RESIDENTIAl, ~, LEA NOTE - TRASH 1N AND AROUND HEDGE ~VALGREENS- I CONG?,ESS AND HYPOLUXO I'AIRI,Y NEW SMALL HEDGES PETITION The tmdersigned residents of Quail Run P.U.D. do hereby certify their OPPOSITION to the varience sort by Woolbright Plaza (ZNCV 02-009 - (agent Press Tompkins HPT Consultants Inc.) to replace a six (6) foot wall required by the City of Boynton Beach Building Code, with a landscape buffer. (hedge) : I~I /~ This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled ? '_~_. This is a Petition to save the GALA Address Why do you think the GALA is ~ being canceled d'~ c., This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Address Why do you thLnk the GALA is being canceled This is a Petition to save the GALA Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GALA is being canceled This is a Petition to save the GALA Name Address Why do you think the GAI~ is being canceled RuC 27 02 06:30~ K~n Gri~i~s 561-733-770~ August 27, 2002 TO: City Manager's Office, ATTENTION: Joyce FAX742-6011 FROM: Ken Griffiths East Boynton Beach Senior League Coach REFERENCE: Team appearance at next chamber meeting Team members names Good Morning, Would like to ver~ that the Senior league team and coaches will attend the Chamber meeting on Tuesday, September 17, 2001. We will be in Attendance at 6.'30 in our travel dress. .1 L UIS MALDANADO .STEPHEN VENTO ~J ANTHONY ORR iDUSTIN WILSON A.J. HOWARD JEREMY GRIFFITHS JORDAN MEANE Y dDANIEL SOUZA sHACLA Y WRIGHT OOLAN OWENS WN ARENA ~ BRANDON HERRING MANAGER DAN WILSON COACH KEN GRIFFITHS Am also sending one of the expense reports for the 2 week trip. Dan Wilson's report will take longer to compile. Any assistance along with the East Boynton Little League is much appreciated. Thankyou, Ken Griffiths 0 ~. I.~ 'g /~t ~F [~ STATEMENT FOR THE CITY COMMISSION AGAINST GRANTING ZONING CODE VARIANCE 7.A. 1 WOOLBRIGHT PLAZA (ZNCV 02-009) I have a petition with a lot of names of residents living across the lake in QUAIL RUN, concerned about automobile headlights shining into their bedrooms at night, creating an intrusion on their privacy, and causing what they feel is undue hardship. I use the words undue hardship, because Paragraph 5 "d" of the Code Variance Application stipulates that the request for a variance would relieve the applicant (Woolbright Plaza) of"undue hardship". I believe this is more than citizens want'mg to enjoy their right of privacy, and relying on the City codes and Ordinances protecting that right. Paragraph 5 "b" of the Code Variance Application states that "the special conditions and circumstances do not result from the actions of the applicant" It is apparent to me, that the applicant Woolbright Plaza, was granted approval to exceed the code required height restrictions, using the Zoning Code Variance, and now they are seeking "relief' from the required buffer wall, through the same Variance nde. Using this approach, a developer such as Woolbright Plaza, or any other developer, can manipulate and/or circumvent the very requirements that have been built into the building code to protect other residents/citizens from unfair advantage, and to prevent exactly what is now happening. Had the developer first determined where the buffer wall had to be located in accordance with the Building Code, (off of the utility easement) then designed the building and the parking based on that location, the buffer wall would not be an issue. Had they NOT received a variance for the height restriction, their building design, which they claimed necessitated the additional height for an elevator, would have had to be one (1) story less in height (a three story building) or 10,000 square feet less in area which would eliminate the 50 additional parking places they now have on their site plan. This would have fit nicely into the smaller "footprint" created by building the buffer wall in accordance with the building code in the first place. Now they claim relocat'mg the wall would cause a loss in parking spaces REQUIRED by code, and cause them "undue hardship". It seems to me, that they are working in reverse, and that the Variance Application requirement of Paragraph 5 "b" has not been met, and that the "special conditions and circumstances" DO result fi.om the actions of the applicant. And further, that Paragraph 5 "d" does NOT "work unnecessary and undue hardship on the applicant" since they should have STARTED their design IN ACCORDANCE WITH THE BUILDING CODE REQUIREMENTS. Paragraph 5-"e" states that the variance granted is the "minimum variance that will make possible the RESONABLE use of the land, building, or structure". I contend that they have already enjoyed more than "REASONABLE" use - which raises the question, that possibly Paragraph 5 -"c" - "special privilege" WILL be accorded to the applicant IF the variance is granted. It appears to me, what they have effectively, done, or are trying to do, is to manipulate the Building Code through the use of the ZONING CODE VARIANCE to suit their needs, and allow them to construct a larger building, with more parking, than would otherwise be possible. In conclusion, last week, at the meeting of the Building and Development Board this request for a variance was defeated by a vote of six (6) to one (1). Based on the forgoing, I wood also request this Board to deny the applicants request for this variance. REQUESTED STAFF ACTZON FROM CZI'Y COMMISSZON t4EETZNG OF SEPTEt4BER 3, 2002 DESCR~P'r/ON OF ACTTON RESPONSE Henry York, 2424 N. Federal Hiahwav. asked the following questions: See attached le~er fi.om .John Wildner to Mr. York, which 1. How much did ][nt~acoastal Park cost the City? addresses all 4 concerns. :2. Ooes the City plan to complete the playground improvements, and if so, at what cost? 3. What will it cost to park at this location and will non-residents get ~ermits? 4. Why did it take 10 years for the City to decide to do something with '~tracoastal Park? jmo 9/11/2002 S:tCity M~]r~AdministrafiontCOMMISSlON MTG ACTION ITENl$~2002~September 03, 2002.doc The City of Boynton Beach Parks Administration loo E. Boynton Beach Blvd. P.O. Box 3m Boynton Beach, Florida 33425-o31o (561) 742-6226 FAX: (561) 742-6233 Email: Wildner/(~ci.bovnton-beach.fl. us Web Address: Bo.vnton-Beach.org Mr. Henry York 2424 N. Federal Highway Boynton Beach, FL 33435 Subject: Response to inquiries at City Commission Meeting Dear Mr. York: The City Manager has requested me to answer the questions you raised at the September 3rd City Commission meeting. Your questions and our response are as follows: L) How much did Intracoastal Park cost the City? Answer: The City paid $2.5 million dollars for this site in [988. 2.) Does the City plan to complete the playground improvements and if so at what cost? Answer: The current plans call for a traditional children's playground featuring sw/pgs, slides and r climbing apparatus. This recommended bid at a cost of $128,000 and ~g a part of the original design. An option is a second playground that includes water features at an estimated cost of $300,000 and would require future City Commission approval. 3.) What will it cost to park at this location and will non-residents get permits? Answer: We have no plans to charge for parking in the park at this time. Since we received county funding for this project no distinction can be made between City and County residents. 4.) Why did it take lo yearn for the City to decide to do something with the park? Answer: The City accepted the original masterplan for this park site in x992. Funding for improvements was not available until recently when a grant for $1, 700,000 was secured from Palm Beach County. The City's portion of these improvements is estimated to be approximatelv $600,000. Total cost of park construction as currently designed is estimated at $1,95o.ooo. I'f . the water feature is approved the cost would increase to approximately $e,25o,ooo. If you have any further questions, please do not hesitate to contact me. John Wildner, Director Parks Depa~h,ent JW/vlr America's Gateway to the Gulfstream Memorandum TO: Quintus Greene Director of Development FROM: Kurt Bressner ~ / ~_~f City Manager .,~L~.J~ ~ DATE: September 6, 2002 SUBJECT: Public Hearings Effective immediately when a public headng is scheduled to take place for zonings, variances, otc all homeowner associations in the area should be notified of date, time and nature of meeting. You may obtain a current copy of the Neighborhood Association or Homeowners Association list from the Neighborhood Specialist. Thank you. jc