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Minutes 02-15-00 MINUTES OF THE REGULAR CTTY COMMTSSTON MEETTNG HELD TN COMMTSSTON CHAMBERS, CTTY HALL, BOYNTON BEACH~ FLORIDA ON TUESDAYs FEBRUARY 1S~ 2000 AT 6:30 PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tern Ron Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk 1'. OPENTNGS: Call to Order - Mayor .lerry Broening Znvocation - Reverend Dr. Marshall Cook- Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Ronald Weiland Mayor Broening called the meeting to order at 6:35 p.m. Reverend Cook offered the invocation and Commissioner Weiland led the Pledge of Allegiance to the Flag. D. ZF YOU WZSH TO ADDRESS THE COMMTSSTON: · FTLL OUT THE APPROPR/ATE REQUEST FORM · GTVE TT TO THE CTTY CLERK (ON THE DAZS) BEFORE THE "OPENTNGS" PORTt'ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME TNDTV~DUALS MAY SPEAK FOR THREE UNTNTERRUPTED MTNUTES. Mayor Broening reminded the audience that a previously used procedure for public speaking was being reinstituted. The procedure involves the public filling out a card to request three minutes of time to address the Commission. Mayor Broening announced that the Commission would be somewhat flexible at first to allow the public to get used to this process. E. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested the addition of :Item :IV-C.6, "Approving a Water Service Agreement Outside of the City Limits with Leider PUD". Mayor Pro Tem Sherman requested some time to discuss the new public speaking procedure just prior to item V:[-Public Audience. 2. Adoption Commissioner Weiland moved to approve. Vice Mayor Tiilman seconded the motion that carried 4-0. MEETING MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORIDA FEBRUARY 15, 2000 II. Motion ADMINTSTRATIVE: A. Accept resignation from Arthur T. Rowe, Regular Member of the Education Advisory Board Vice Mayor Tillman moved to accept the resignation. motion that carried 4-0. B. Appointments to be made: Appointment To Be Made Board Mayor Pro Tem Sherman seconded the Length of Term Expiration Date IV Tillman Children & Youth Advisory Board Alt I yr term to 4/00 Tabled (3) Mayor Broening Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 Tabled (3) II Denahan Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 Tabled (3) III Sherman Code Compliance Board Alt 3 yr term to 9/00 Tabled (2) Mayor Broening Community Relations Board Reg 3 yr term to 4/01 Mayor Broening Community Relations Board Alt i yr term to 4/00 Tabled(3) ~V 'l~llman Community Relations Board Alt I yr term to 4/00 Tabled (3) II! Sherman Education Advisory Board Reg 2 yr term to 4/01 Tabled (2) !V Tillman Education Advisory Board Reg 2 yr term to 4/01 I!! Sherman Library Board Reg 3 yr term to 4/01 !I! Sherman Recreation & Parks Board Alt I yr term to 4/00 Tabled (3) Vice Mayor Tillman and Mayor Pro Tem Sherman requested that their appointments be tabled. IVlayor Broening reappointed Brett Sherman as a regular member of the Community Relations Board. Motion Commissioner Weiland moved to approve the appointment, Vice Mayor Tillman seconded the motion that carried 4-0, III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: MEE1/NG MINUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORZDA FEBRUARY 15, 2000 1. TNT Concert - Friday, February 18, 2000 @ Oceanfront Park from 6:00 p.m. to 9:00 p.m. Meg Hooper, Special Events Manager, made tills announcement. 2. Black Awareness Celebration 2000 Saturday, February_ 19th and Sunday, February 20th ([See At'~ched) Saturday, February 26th and Sunday, February 27th (See ^L~ached) Ms. Hooper thanked the Mayor and Commissioners for attending the Black Awareness Luncheon and the Gospel-O-Rama. Ms. Hooper referred everyone to the last page of the agenda that listed all of the remaining events in celebration of Black Awareness Month. 3. Ocean Avenue Promenade Design - Public Meeting - Monday, February 28th, from 6:00 p.m. to 8:00 p.m. in the Library Program Room Mayor Broening made this announcement. Nike Rumpf, Planning & Zoning Director added that this meeting would provide the public with an opportunity to review the completed design plans for the Ocean Avenue Promenade. This public meeting will be announced again through a news release, an announcement on the marquee, a message on hold through the City's phone system and a direct mailing to people directly involved in the downtown area. 4. Breakfast in Boynton and Green Market- Saturday, March 4, 2000 from 8:00 a.m. to 11:30 a.m. at the Library Lawn Ms. Hooper made this announcement. B, Presentations: 1. Proclamations: a. "Black Awareness Celebration Day" - February 26, 2000 read a Proclamation declaring February 26, 2000 as Black Awareness Mayor Broening Celebration Day. b. "Election Day"- March 14, 2000 Mayor Broening read a Proclamation declaring March :].4th as Election Day in the City of Boynton Beach and advised the public to check on the polling precincts since some changes have been made. MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOP~DA FEBRUARY 15, 2000 TV. CONSENT AGENDA: Commissioner Weiland requested that Item IV-B.5 be removed from the Consent Agenda for discussion. A. Minutes: Fluoridation Public Hearing -.lanuary 26, 2000 Agenda Preview Conference of 3anuary 31, 2000 Regular City Commission - February 1, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the bid for the PURCHASE OF ONE (1) NEW AND UNUSED 125KVV PORTABLE GENERATOR SET to C3's Sales and Service, in the amount of $34,648 Extend the "TVVO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES/PARTS AND REPAIRS"- BID #028-2516-99/SP for one additional year to Construction Hydraulics, Inc, of Lake Worth, Florida, at the Shop Hourly Rate of $35 per hour With an estimated annual expenditure of $12,500 - New Bid #035-2516-00/KR Renew the bid for "ANNUAL SUPPLY OF PLASTIC FRONT-LOAD CONTAINERS" to Truck Max, Inc. with an annual expenditure of $10,000 Approve the purchase of a Tractor/Backhoe, Model #416C (Commodity #760-960-110) from Kelly Tractor Company utilizing State Contract #760-001-99-1 in the amount of $52,633.48 Approve Change Orders #1 and #2 to Purchase Order #000924 in the amount of $26,806 for TEMPORARY CUSTODIAL SUPPORT utilizing the CITY'S ANNUAL BID FOR TEMPORARY LABOR SERVICES from Tandem Staffing, BID #076-2510-99/SP bringing the Bid's total estimated expenditures to $49,806 At Commissioner Weiland's request, Item IV-B.5 was removed from the Consent Agenda for discussion. Approve the sole source purchase of an Automated Stencil, Sign and Decal System (Sign Machine) from Bren Instruments, Inc., in the amount of $18,450 MEETZNG MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLORZDA FEBRUARY 15, 2000 Approve the PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT utilizing State Contracts #070-001-99-1, #070-001-98-1 and General Services Administration (GSA) Contract #GS-07F-9956H, from multi-vendors, as awarded by the State and GSA, in the amount of $229,596.39 Resolutions: Proposed Resolution No. R00-13Re: Approving the conveyance of a 12' wide utility easement from the City of Boynton Beach to Florida Power and Light Company (Lots 5 & 6, Block 6, Robert Addition to Town of Boynton) Proposed Resolution No. ROO-14Re: Ratifying South Central Regional Wastewater Treatment and Disposal Board action of 3anuary 20, 2000: Authorization to enter into contract with Brotton Services, Inc. dated March 1, 2000 for the sum of $291.80 per month for janitorial services. Contract will be in effect for one year, but may be extended for an additional (2) one-year terms. Authorization to enter into contract with New Look Lawn Services dated March 1, 2000 for the sum of $1,400 per month for the length of contract in the North Area and an additional sum of $1,000 per month for the length of the contract in the South Area for a total of $2,400 per month. Contract will be in effect for (1) one year but may be extended for an additional (2) two one-year terms. Authorization to expend $1,234 from board surplus funds to make final payment to the City of Delray Beach as per the Ocean Outfall Purchase Agreement of 3uly 12, 1979. Authorization to expend $17,400 from Repair & Replacement Funds to replace two (2) pumps for emergency Chlorine Scrubber on an emergency basis, Authorization to expend $35,000 from Repair & Replacement Funds to repair the Centrifuge Conveyor on an emergency basis. Authorization to expand $3,000 from Repair & Replacement Fund to replace Waste Meter to Centrifuge. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]DA FEBRUARY 15, 2000 Proposed Resolution No. R00-15Re: Authorizing the release of $18,000 of the $20,000 Cash Restoration Bond posted by Bill Winchester as surety for restoration Proposed Resolution No. R00-16Re: Accepting a Letter of Credit No. 557167-07 from Comerica Bank in the amount of $105,055.50 as surety for the water and sewer systems in the project known as Boynton Beach YMCA Proposed Resolution No. ROO-17Re: Approving an Agreement for Water Service Outside of the City Limits for the project known as Sunset Lake Proposed Resolution No. R00-18Re: Approving an Agreement for Water Service Outside of the City Limits for an addition to Leider PUD by Centex Homes as contract purchaser D. Ratification of Planning & Development Board action: Grove Plaza Common Area (Southeast corner of Hypoluxo Road and Lawrence Road) - Request new site plan approval for common area buffer - Tract "G' (Grove Plaza Replat) Authorize Change Order #5 in the amount of $9,663.65 to CoraI-Tech Associates, THC., general contractor for the O/T Building Renovation Project for the Utilities Department Authorize Change Order #6 in the amount of $8,110 to CoraI-Tech Associates, THC., general contractor for the O/T Building Renovation Project for the Utilities Department Ratify the 3anuary 28, 2000 authorization by the Acting Interim City Manager to effect a not-to-exceed $55,000 emergency sewer gravity main repair located in The Meadows at Meadows Boulevard and Cedar Drive HE Approve the expenditure of $11,520 to H.T.E., ThC. for the conversion of consumption and the utility billing history Approve Change Order #4 for drainage modification on the Gateway Improvement Project in the amount of $16,339 Motion Vice Mayor Tillman moved to approve the Consent Agenda with the exception of Ttem :[V-B.5. Mayor Pro Tem Sherman seconded the motion that carried 4-0. MEETZNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH, FLOI~DA FEBRUARY 15, 2000 CONSENT AGENDA ] TEM FOR D:ZSCUSS] ON: Item ]:V-B.5. Approve Change Orders #1 and #2 to Purchase Order #000924 in the amount of $26,806 for TEMPORARY CUSTODIAL SUPPORT utilizing the CITY'S ANNUAL BID FOR TEMPORARY LABOR SERVICES from Tandem Staffing, BID #076-2510-99/SP bringing the Bid's total estimated expenditures to $49,806 Commissioner Weiland reported that staff would bring forth recommendations at the March 7th meeting regarding contracting City custodial services entirely to an outside firm. Since we have been short staffed in performing this operation for some time, he recommended tabling this item until the March 7th meeting so that it could appear in conjunction with the staff presentation. Mayor Broening questioned whether the City's custodial services would be curtailed if this item were tabled for three weeks. Bill DeBeck, Project Manager, advised that we are currently working with five regular employees and five temporary employees. Therefore, we are short five people at the current time and we would not to able to function without those five temporary employees. This is a short-term fix and the temporary employees would be eliminated as soon as the contract is approved with the custodial company. Motion Commissioner Weiland moved to approve Consent Agenda Item IV-B.5. Mayor Pro Tem Sherman seconded the motion that carried 4-0. V. CTTY MANAGER'S REPORT: Mr. Hawkins reported the following: Cooperation continues with Palm Beach County Economic Development Division with the Core and Competitive Grants for small businesses. Round IV of the Development Regions Grant applications is open until March 21st. All interested businesses must apply before that date. A workshop is scheduled for Tuesday, February 22nd from 5:00 p.m. until 6:00 p.m. at the Chamber of Commerce to provide assistance with the application process. Applications can be secured through the City Manager's Office or Dale Sugerman. The Gateway Boulevard project is progressing through Phase I that involves infrastructure. Phase TI will include paving and sidewalk installation. The City has requested that the contractor provide a new schedule based on the Phase T and Phase TI scenarios. The completion of the project will be pushed back to the end of the year. MEE'rZNG MTNUTES REGULAR C'rTY COMMTSSTON BOYNTON BEACH~ FLOR/DA FEBRUARY 15,, 2000 Mayor Broening confirmed that the delay of this project was primarily related to weather and underground electrical connections. VZ. PUBLTC AUDTENCE: Mayor Pro Tem Sherman expressed his opinion that the new procedure for public speaking is important to the progress of the Commission and the City. He reminded those present that at the last meeting, a member of the public gave him a personal negative narrative. Mayor Pro Tem Sherman stated that he never missed a regular Tuesday evening City Commission meeting in 1! months. The City Commissioners are asked to attend six to eight meetings per month in addition to regular City Commission meetings. Of the eight meetings Mayor Pro Tem Sherman missed, four were workshops and three were Agenda Preview Conferences. Mayor Pro Tem Sherman said he spends quality time with the City Manager at'4:00 p.m. every Tuesday. In addition, he receives feedback from the news, letters and mailings that are delivered to his mailbox. Mayor Pro Sherman said he is proud of the time he and fellow Commissioners have devoted to their positions. Unfounded insults are negatively driven, counterproductive to success and downright bitter. No value is gained when one person wastes the public's time by issuing the Commission a "report card" as seen through only that person's eyes. The card system will speak only to issues of City business. David Stewart, 700 Casa Loma Boulevard, is associated with Dive Shop II. He questioned how the businesses could continue in this area once Casa Loma Boulevard is torn up. This will eliminate parking in the area. He also questioned what the Commission plans to do about the fences that were erected in the area. Mr. Stewart said the businesses would like to stay in the area, but will leave if that is what the Commission desires. Scott McClary, 700 Casa Loma Boulevard, is a principal in the Seamist Marina. He urged the Commission to visit this area of the City this weekend for a preview of what will happen when the boating season is in full swing. He recommended that anyone who visits over the weekend park in a location away from this area because it will be a "zoo". Additional parking is needed. He urged the Commission to take control of the project because it is going nowhere. Cliff Montross, 105 SW 18th Street, requested an update on the progress of the lO-acre park at the end of Gateway Boulevard. He said this was his second request for a status report. Lee WJsche, 1301 SW 18th Street, requested, for the second time, a report on why the reader board sign on the Senior Center does not contain any information. He said he was told at the last meeting that he would receive a response in writing. However, to date, he has not. Mr. Wische said he wants an answer. Kevin Scully, 941 Brookdale Drive, is the owner of Scully's Market. He said it was agreed at a January 1:[th meeting among himself, Commissioner Weiland, Dale Sugerman and Quintus Greene that someone would visit his market to physically show him where the urban walls, MEET'J:NG M'rNUTES REGULAR CtTY COMM'rSSTON BOYNTON BEACH, FLORZDA FEBRUARY 15~ 2000 sidewalks, curbs, lighting and widths of roads would be in relation to his property. At the CRA meeting, he advised that no such visit had taken place. Mr. Scully said he isn't getting any answers and he would appreciate it if someone would meet with him at his market. Richard Stone, 111 SE Ist Street, is the Chief Steward for NCF&O Blue Collar Unit. He also represented the White Collar Unit. He reiterated an expression of appreciation that was forwarded to the City Commissioners in a letter dated February 11th for their efforts in assisting the Union with regard to finalizing contracts with the City. Mr. Stone thanked the City Commissioners and Attorney Cherof for fair mindedness in negotiations and he is hopeful that the Union and City would conclude the contracts as expeditiously as possible. .loan Mormelo also offered her thanks on behalf of the Union. Ed Tedtmann, 869 NW 8th Avenue, represented the Laurel Hills Neighborhood Association. He addressed the application of Poly Plastic Packaging Company for a building addition at 510 East Tndustrial Avenue. He cited a report from the Environmental Committee. The owner of the business stated that he would store a maximum of 800 gallons of highly flammable materials on the property. However, during an inspection, Mr. Tedtmann counted 4,760 gallons of flammable liquid storage containers. Mr. Tedtmann is concerned that this manufacturing plant and the storage area is within 500' of the neighborhood. In addition, there is an oil company not far from this location with large tanks for the storage of oil. Although these chemicals are supposed to be stored in an explosion-proof building, the application lacks specifications for explosion proofing. The community would like a response. David Katz, 742 NW 11th Street represented Skylake Homeowners' Association and expressed the concerns of his community regarding the Poly Plastic Packaging Company. Mr. Katz submitted a copy of his remarks to the clerk. (A copy of Mr. Katz' statement is attached to the original set of these minutes on file in the City Clerk's Office.) Mr. Katz requested a response from the City within a week. Bill Schmalz, 1727 SW 18th Street, thanked the Commissioners for their favorable decision with respect to the fluoride issue. Douq Lewis, 1501 SW 8th Avenue, was employed by the City of Boynton Beach as a Starter/Ranger and Golf Professional Pro Shop Attendant since 1996. Mr. Lewis was never late, sick or absent nor did he ever refuse any request by management. Mr. Lewis said his loyalty to management was quoted by his supervisor as being "exemplary". Mr. Lewis wrote the "How to Do" manual and was the primary trainer of all new staff. IVlr. Lewis was terminated on ,]anuary 4th by memorandum that stated he failed to successfully complete his probationary period. Mr. Lewis said he attempted in vain to learn why he was fired. He met with Human Resources Director who investigated the termination and learned that the reason was poor customer service. Mr. Lewis said his personnel file does not indicate any reprimands or counseling. Mr. Lewis was referred to the City Manager. He has unsuccessfully tried to contact the City Manager since .lanuary 26th. He requested assistance from the Commission in being reinstated. MEETTNG M'rNUTES REGULAR CTTY COMM1'SSTON BOYNTON BEACH, FLOR]:DA FEBRUARY 15, 2000 Warren Timm, 130 NE 26th Avenue, asked for a status report on the Gateway Boulevard project. In addition, he urged the Commissioners to be flexible with the sign-up procedure because public opinion is very valuable and it can add understanding to the issues. Henrietta Solomon, 230 NE 26th Avenue, said parks are invaluable to a City and we must make the best of what we have. She urged the Commission to keep the public informed. Bobbie FJtzqerald, 127 NW Sth Courl:, requested a status report regarding the $125,000 allotted by the City for a neighborhood beautification project in Boynton Hills. Sunny Garcia, 1631 NW 3rd Lane, is Vice President of Rolling Green. Mr. Garcia is opposed to the use of the cards for public speaking because some people do not see the agenda until they arrive at the meeting. Tf people arrive late, they might miss an opportunity to speak on an issue of importance to them. MA YOR BROENXNG ANNOUNCED THAT THERE WAS ONE ADD~'IXONAL REQUEST TO SREAK~ BUT THE ~TSSUE ~fAS ON THE AGENDA AND THE SPEAKER ~VOULD BE CALLED ON A T THAT TZME. HE ASKED ~F THERE WAS ANYONE ELSE HfHO MXSSED THE OI~°ORTUNXTY TO F~TLL OUTA CARD BUT WXSHED TO SPEAK. Terrence Pereira, 161 NE 19th Avenue, said he deliberately did not fill out a card in protest even though he intended to speak. He does not believe free speech should be limited. The Commission must understand that angry and dissatisfied citizens will address the Commission and accepting offensive remarks is part of the job. He recommended eliminating the card system. Mayor Broening advised that there is no inherent right in the State of Florida for anyone to speak at a Commission meeting except at public hearings. These regular meetings are not Town Meetings. Although Mayor Broening believes everyone should have the right to speak, this process would help make sense of what people have to say. This procedure will continue until it is determined that there is something fundamentally wrong with it. V:[]:, PUBLTC HEARZNG: Project Name: Wal-kMart POSTPONED AT APPL]:CANT'S REI~UEST TO FEBRUARY 15TM Agent: .1. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Tnc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres 10 MEETING MTNUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLOI~DA FEBRUARY 15, 2000 Stephanie Toothacher, attorney representing Wal-kMart, was available to respond to any questions regarding the abandonment of the two easements. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION, Motion Vice Mayor Tillman moved to approve Project A, Wal-kMart, request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres at the northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard, with all comments directed from staff included. Mayor Pro Tem Sherman seconded the motion that carried 4-0. Bm Project Name: Wal~rMart POSTPONED AT APPLTCANT'S REQUEST TO FEBRUARY 15TM Agent: .1. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Inc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of three (3) segments of street rights-of way totaling 0.:L3 acres MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION, Motion Vice Mayor Tillman moved to approve Project B. Mayor Pro Tem Sherman seconded the motion that carried 4-0. Project Name: Agent: Owner: Location: Description: BAPS TEMPLE ]ay Patel BAPS Development, Inc. SE ~L8th Avenue and US #1 & SE 20th Avenue Request for abandonment of street right-of-way Jay Patel, representing BAPS Temple, was present to respond to any questions. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION, Motion Mayor Pro Tem Sherman moved to approve. Vice Mayor Tillman seconded the motion that carried 4-0. 11 MEETING MTNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]DA FEBRUARY 15, 2000 VIII. BIDS: None IX. DEVELOPMENT PLANS: A. Ratification of Planning & Development Board action: David Chafin (640 NE 15th Place) - Request for relief from Chapter 2. Zoning, Section 5 (C) (2)(a), requiring a minimum rear setback of 25' to allow a 9.5' rear variance, or a rear setback of 15.5' to construct an addition to a single-family home (TABLED TOFEBRUARY.gStN) Mike Rumpf, Planning & Zoning Director, reported that the Chafin's are relocating out of the State and have withdrawn their application. X. NEW BUSINESS: Approve a multi-year special event permit at no charge for Boynton Beach Mall in exchange for continual rent-free usage of City Hall in the Mall location for a five-year term Vice Mayor Tillman asked if additional language was added regarding shuttle service. Mr. Hawkins advised that the City will approach the Hall with the recommendation and he is confident they will be receptive to parking for special events. Motion Vice Mayor Tillman moved approval. Mayor Pro Tem Sherman seconded the motion that carried 4-0. Request for funding from Boynton Beach Faith Based Community Development Corporation (TABLED ON trEBRUAR Y 2~r) Mr. Hawkins reported that the Boynton Beach Faith Based Community Development Corporation would go through another process through the Community Redevelopment Office. This item needs to be removed from the table and disposed of. Motion Vice Mayor -nllman moved to remove this item from the table. Commissioner Weiland seconded the motion that carried unanimously. 12 MEETZNG MZNUTES REGULAR CITY COMMZSSZON BOYNTON BEACH, FLOR/DA FEBRUARY 15, 2000 Sister Lorraine Ryan, a medical mission sister, 4769A Quailwood Crescent, said the culture of Black Americans is intertwined with their churches. She urged the Commission to honor Black Americans by granting this request. Schedule a Special City Commission meeting for February 29, 2000 at 6:30 p.m. for the purposes of making a determination that changes to the Comprehensive Development of Regional Tmpact (Quantum Park) do not constitute a substantial deviation; determining that no further development of regional impact review is necessary regarding such changes; considering approving such changes and amending the Development Order Dale Sugerman, Assistant City Manager, explained that since the agenda was prepared, staff has been looking carefully at this issue and it is anticipated that a determination will be made that there will be a substantial deviation. The schedule will not change, but that will change how the project is treated. The Commission will be fully apprised of what this means. Commissioner Weiland pointed out that this is a very big project and will be a great asset for the City if it moves forward. He urged staff to be 100% prepared in order to avoid errors with a project of this size. He wants staff to provide all necessary information well in advance of the meeting so that meaningful discussion can take place at the meeting. He further stated that the Commission would not have to make a decision on February 29th if there is any discomfort on the part of any Commissioner. Mr. Sugerman said this would be a 66-acre mixed-use project in Quantum Park that would include residential, commercial, retail and entertainment. This project will be considered at the Special Meeting on February 29t~. There will be an Ordinance for consideration on first reading. At the regular meeting on March 7th, a public hearing will be conducted on this issue. Based on the results of the public hearing, there will be a second reading of the Ordinance at the regular meeting on March 21't. This project will be introduced through the Planning & Development Board process on February 22nd. Mr. Hawkins said staff is taking a great deal of time to review this project. A strategic alliance team has been formed to make sure the review is coordinated and to ensure that all issues are covered. Motion Vice Mayor Tillman moved to approve. Commissioner Weiland seconded the motion that carried 4-0. Xl'. LEGAL: A. Ordinances -- 2nd Reading - PUBLZC HEAR/NG None 13 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOR/DA FEBRUARY 15, 2000 Ordinances- 1~ Reading None C. Resolutions: None Other: 1. Ratification of Code Compliance Board action: Rescind the fine in Case #99-1516 (102 Seacrest Court) - The original fine was $125 plus $672.21 in administrative costs. Scott Blasie, Code Compliance Administrator, advised that the Code Compliance Board voted to rescind the fine in Case #99-1516 based upon the violator's efforts to comply and the fact that the property has been well maintained. Commissioner Weiland pointed out that the City usually recovers the administrative costs in cases such as this. He inquired why this case was different. Mr. Blasie felt the board's intent was based on the fact that this was a small fine and the violator had problems with a car he was trying to get rid of. The violator paid a non-refundable $200 fee for the hearing before the board. Motion Commissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion that carried 4-0. XIT. UNFINISHED BUS:ZNESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round :Z:Z! Core Grant Program (7.ABL£D 7'0 FEBRUARY .~5~") Attorney Cherof recommended that this item be left on the table since there are still activities ongoing on the property that would impact the Commission's consideration of grants. A club, without an Occupational License, advertised that they were opening this past weekend. The City filed for injunctive relief in court and the club did not open. However, there are ongoing discussions about how the City would want to resolve their application for an Occupational License. 14 MEETI'NG M?NUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH~ FLORIDA FEBRUARY 15~ 2000 B. City Manager Search Discussion Commissioner Weiland referred to City Commission meeting minutes of October 19, 1999 wherein a recommendation from Lance deHaven-Smith read as follows: "My recommendation to the Commission was to raise the requirements for applicants, and to extend the search in an effort to find candidates whose background and qualifications would be strong in all areas". The Mayor and Commissioners also decided to be clearer about their expectations regarding the applicants' qualifications for the job. They want the new City Manager to meet the following requirements: He or she must have at least a Master's Degree in Public Administration or an equivalent degree in another field. Roughly 80 percent of Florida city managers have an MPA, and this level of formal education is needed to assure that the Manager will have technical skills essential for the job." In the November 23, 1999 City Commission Workshop Meeting minutes with Mr. Slavin, the following is cited: "Master's Degree in Public Administration or an equivalent degree in another field. (Mr. Slavin suggested that if an equivalent degree is included, it should be a Master's Degree in Business Administration with government administration or a ,~D Degree with experience as a manager or a Graduate Degree in Public Finance with experience as manager." The Commission has five resumes to consider on Thursday. Mr. Slavin assisted the Commission in defining the criteria for the job. There is a very strong applicant whose education includes a Bachelor of Science Degree from the University of Maryland. In September of 1975, the resume indicates graduate study in Public Administration. Although he took courses in this area, he never obtained a degree in Public Administration. Tn July of 1992, he attended a program for senior executives in state and local government at Harvard University .lohn F. Kennedy School of Government. Commissioner Weiland determined that this gentleman does not possess a IVlaster's Degree in any of the fields and Mr. Slavin should not have presented this candidate to the Commission. This applicant does not meet the qualifications. In addition, Commissioner Weiland pointed out that the Commission was notified on Saturday that one candidate from Miami Beach has city business and cannot attend Thursday's meetings. He reminded the Commissioners that when interviews occurred in August 1999 a, similar situation occurred with Mr. MacLemore. The Commissioners decided not to offer him an opportunity for a special meeting. Commissioner Weiland questioned whether the Commission should change plans to accommodate the Miami Beach candidate on another day, or provide her with an opportunity to interview early in the morning and return later in the day for her public interview. MEET]:NG M'rNUTES REGULAR Ct'TY COMMt'SS'rON BOYNTON BEACH~ FLOR.I:DA FEBRUARY 15~ 2000 Mayor Pro Tem Sherman felt the Commission had a candidate pool of four that could end up being three. Mayor Pro Tem Sherman also expressed concern about the proposed scoring sheets because they presented problems in the past. Vice Mayor Tillman said he looked at the entire candidate packet and the Commission has a very good pool of candidates. There is a discrepancy in the fact that Mr. Stoner does not possess a Master's Degree. However, he urged the Commissioners to look at the size of the cities Mr. Stoner has dealt with and the time he has been on the job. Vice Mayor Tillman felt those qualifications would make the Master's Degree a moot point. The Master's Degree was included to bring in the highest possible level individual. The Commission should interview Mr. Stoner and decide later on whether or not the lack of a Master's Degree should be a consideration. He urged the Commission to give Mr. Stoner an opportunity. Vice Mayor 'nllman felt Ms. Henry's situation was understandable. She is the only female candidate in the pool and she is from this region. He felt that it would not look good if she weren't interviewed. Vice Mayor Tillman said he was receptive to any suggestions from the Commission with respect to either a longer day on Thursday or adding interview time on Friday for Ms. Henry. Tt is his opinion that all of the candidates should be interviewed. While Commissioner Weiland agreed with Vice Mayor Tillman that Mr. Stoner appeared to be very skilled, he reminded everyone that the Commission sent out a profile through Mr. Slavin. Although Mr. Stoner may be a "gem in the rough'; there were probably other "gems in the rough" that did not apply because they didn't possess a Master's Degree. Commissioner Weiland expressed concern about the fact that Mr. Slavin submitted Mr. Stoner's resume when he knew Mr. Stoner didn't meet the qualifications. ]If the Commission decides to consider this application, it would open up a whole new "ballgame". Mayor Broening advised that Mr. Slavin knew all of the candidates personally. The Commission directed Mr. Slavin to find the five best candidates for this City. Mayor Broening said he would not want to forego the opportunity to talk to Mr. Stoner even though he feels the lack of a Master's Degree is a handicap. Mayor Broening said he was prepared to trust Mr. Slavin. Mayor Broening wants to interview Ms. Henry because she is an extremely strong candidate. Vice Mayor Tillman did not feel that extending the interview process for an additional day would be disruptive. He urged the Commissioners not to use Thursday as an excuse to exclude a candidate. He felt that if Ms. Henry was being forthright, the Commission should come back on Friday to include her. Commissioner Weiland reminded the Commission that when the interviews took place in August, Mr. MacLemore was not given another day for his interview because of articles that could be written in the press about questions that were asked. He inquired if it would be fair to the candidates that were interviewed on Thursday if the questions are changed for Ms. Henry on Friday. He also questioned if it would be fair to Ms. Henry to receive different questions. A date was established for Thursday and he is not in favor or extending it to Friday. 16 MEETt'NG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLORZDA FEBRUARY 15~ 2000 Commissioner Weiland said he devotes a great deal of time to his job and tries to do the best possible job he can. He reiterated that he asked about the date of these interviews for more than six weeks. He made plans to take his son away for the weekend because school is closed. Commissioner Weiland would prefer to do these interviews on Thursday with the four candidates. He has no intention of trying to exclude Ms. Henry. Commissioner Weiland said he would be willing to begin interviews at 6:00 a.m. on Thursday and stay until 9:00 p.m. or 10:00 p.m. to accommodate Ms. Henry. Mayor Pro Tem Sherman felt there had to be some time during the day on Thursday that Ms. Henry could be here for her interview. Mayo Pro Tem Sherman was upset that the Commission spent two days during a hurricane establishing a profile and then Mr. Slavin presented a candidate with a Bachelor's Degree. Mayor Pro Tem Sherman recommended that the Commission interview four candidates maybe - but three for sure. Commissioner Weiland is confident that the Commission will hire a candidate from this pool by the weekend. He questioned whether the Commission would discuss the candidates following the public meeting if there is a 3-2 vote. Such a discussion among the Commissioners may help bring out points that might convince a Commissioner to change his/her vote. Mayor Broening reminded the Commissioners that during the Agenda Preview Conference, there was discussion about not voting on Thursday. Rather, the Commissioners would take working papers with them and spend the weekend (or five to seven days) reviewing. There would then be another meeting to make a selection. Mayor Broening said he does not have an objection to making the selection on Thursday, but he is willing to delay if that is the Commission's desire. Mayor Broening feels this is a very important decision and caution may be the way to go. He is satisfied with the pool of candidates and agreed that the Commission would consider four candidates. Mayor Broening would like to interview Ms. Henry because he feels she is clearly a superior candidate. Commissioner Weiland recommended that Ms. Henry be contacted in the morning to make it clear that the Commission would like to see her on Thursday. The Commissioners should then be contacted to advise of her response. When Mayor Broening offered to make that contact, Attorney Cherof said he would phone Ms. Henry. Mayor Pro Tem Sherman asked how the situation would be handled if Ms, Henry could not attend an interview at any time on Thursday. Commissioner Weiland recommended that Ms. Henry not be given a choice of Thursday or Friday. :If she is sincere about the job, she will make it on Thursday. Vice Mayor Tillman felt the Commissioners were comparing what happened in the past to what is happening now. Because of her qualifications, Ms. Henry should not be excluded. She meets the criteria and the Commission must be lenient and open-minded on some points. Attorney Cherof recommended that the Commission take a brief recess while he attempted to contact Ms. Henry. 17 MEET']:NG MI'NUTES REGULAR C:[TY COMMZSSI'ON BOYNTON BEACH, FLOR.~DA FEBRUARY 15, 2000 MAYOR BROENZNG DECLARED A 10-M'rNUTE RECESS AT 8:20 P.M. THE MEETZNG RECONVENED AT 8:3S P.M. Mayor Broening reported that Attorney Cherof was unable to reach Ms. Henry and left a message on her answering service. Attorney Cherof advised that the following options were available: Wait to see if Ms. Henry returns the call this evening or first thing in the morning to advise that she is available on Thursday; or Move all of the meetings to another time. This would necessitate contacting at least three other people who have already made arrangements to fly here. Commissioner Weiland feels that the issue before the County in Miami Beach is a financial position on Bayfront Park. Ms. Henry is the Assistant County Administrator. :If she is not able to delegate her responsibilities to someone else for that issue, she should still be able to make time for this interview because of the window of opportunity this City is offering her. Commissioner Weiland has difficulty believing the meeting in Miami would take the entire day. Tf she is interested in the position, she will do her best to be here at two different times on Thursday. Commissioner Weiland pointed out that if all of the interviews were to be rescheduled, the possibility exists that another candidate could be lost because of scheduling conflicts. Attorney Cherof also explained that all of the interviews were scheduled on fairly short notice. Tt is doubtful that any of the candidates obtained the type of flight arrangements that would produce refunds and the City would probably have to reimburse those costs. Commissioner Weiland said the City of Boynton Beach must do its own background investigation on the final candidate that could take up to two weeks. Mr. Sugerman advised Attorney Cherof that Mr. Stoner had made arrangements to leave his city this evening and could possibly already be en route. Attorney Cherof felt it would be appropriate to try to reach Mr. Stoner immediately if he were not going to be interviewed. Mayor Broening said he would be willing to concede with respect to Mr. Stoner, but is in favor of meeting with Ms. Henry. Commissioner Weiland agreed that the City has four candidates and we should work with Ms. Henry to get her here on Thursday. Vice Mayor Tillman said it is very important for this City to interview Ms. Henry. The Commission raised the level and conceded that Mr. Stoner does not have his Master's Degree. No one else can be excluded because of what she might read in the newspapers. He recommended that the City Attorney be instructed to include some parameters about what Ms. Henry should or should not do. Ms. Henry's position is critical and we should accommodate her. If the Commissioners are willing to accommodate her either early in the morning or late at lg MEETZNG MTNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORZDA FEBRUARY Z5~ 2000 night, then the Commissioners should be willing to add another day. He urged the Commission not to exclude this woman because of scheduling. He agreed to extend the window of opportunity for the interview on Thursday but did not want her excluded if she could not meet that schedule. Commissioner Weiland said this Commission set a precedent in August when Ronald MacLemore was excluded because he couldn't make it to the meeting. There is now discussion about including someone who can't be here for the exact same reason. He urged the Commission to continue with the same format that was used in the past. Ms. Henry is a great candidate on paper and Commissioner Weiland is willing to extend her every opportunity to interview on Thursday. Mayor Pro Tem Sherman said he would make himself available all day on Thursday to accommodate Ms. Henry. Tf she cannot be here on Thursday, she should not be a candidate. Motion Commissioner Weiland moved to move forward with interviewing candidates for the City Manager's position on Thursday, February :[7th, whether it's three candidates or four candidates. Mayor Pro Tem Sherman seconded the motion that carried 3-1. (Vice Mayor Tillman dissented.) Commissioner Weiland recalled that when past interviews took place, an intermission with a social hour was held with the candidates. He asked if this could be arranged for Thursday. Mayor Broening offered to have this social hour at his home at either 5:00 p.m. or 6:00 p.mi RoseMarie Lamanna, Paralegal, will make the arrangements that would include invitations to the board chairpersons, City senior staff and the Commission. This would involve approximately 30 people. XTTI'. OTHER: Vice Mayor 'l~llman requested authorization from the Commission to act as the City representative in a meeting with HUD arranged by Representative Alcee Hastings on March 3rd to secure money for the stormwater project (Pond "B'9. Motion Commissioner Weiland moved to approve Vice Mayor Tillman representing the City Commission with HUD on March 3rd, Mayor Pro Tem Sherman seconded the motion that carried 4-0. XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:50 p.m. 19 MEE'I'ZNG M~'NUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH~ FLORZDA FEBRUARY 15~ 2000 C~I-Y OF BOYNTON BEACH Mayor ArrEST [Deputy City Clerk '~(~'Th tee Tapes) Mayor Pro Tem ~' Commissioner Commissioner 02/16/2000 4:18 PM 2O As president ofthe skytake homeownersassociafionI'm here representing 184 residences which translates into close to 600 men, women and children. Apropos to what recently happened in Manalapan where a house was blown up by a small but unnoticed gas leak, it has come to my attention, and I have shared this information with the other communities surrounding Sky Lake, that there is a place of business called the Poly Plastic Packaging Company at 510 East Industrial Ave that wants approval from the city to construct an addition to its facility. Let me now put City staff as well as this commission on notice that Sky Lake is adamantly opposed to this expansion. The owner of the business stated that the maximum number of gallons he would be storing at the expanded facility would be no more than 800 gallons of any potentially flammable, explosive, toxic, noxious, or otherwise hazardous or offensive material. Upon inspection 4,760 gallons were counted in the not yet.., and let me repeat.., the not yet expanded facility. Obviously this owner can not be trusted to abide by our codes which are designed to protect the residents and businesses of our city from such blatant abuses of our safety laws. This commission should act in the best interest of the residents that are closely situated to this unsafe and perilous business as well as ail of the residents of our city and direct staff to correct this condition post haste. This application for expansion must be denied and Poly Plastic Packaging should be asked to relocate entirely. A hazmat incident involving 5000 gallons of such materials would make what happened in Manalapan seem like a baby's burp. Coming on the heels of the explosion in Manatapan, the media may be very interested in a follow-up story exposing the potentially catastrophic situation we now have in Boynton Beach. Will you please direct your staff to contact me within a week as to the direction that the city will follow in this matter? DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: B.A.P.S. Temple APPLICANT'S AGENT: Jay Patel APPLICANT'S ADDRESS: 8795 Citation Drive Palm Beach Gardens, FI 33418 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: South of SE 18th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X __ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other (/ City Clerk 2"':~"'~'4~o .;E ;'i J:\SHRDATA\Planning\SHARED\WP~PROJECTS\BAPS TEMPLE CHURCHV~BANDONMENT~Develop. Order CC * EXHIBIT "D" CONDITIONS OF APPROVAL Project name: B.A.P.S. Temple File number: ABAN 99-008 Reference: Abandonment File #ABAN 99-008 DEPARTMENTS ! iNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. Requires a 12 foot wide utility easement over existing water main within the X right-of-way. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDiNG DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X I PLANNING AND ZONING Comments:.. 2. Utility easement as required by Utilities Department. X ADDITIONAL PLANNiNG AND DEVELOPMENT BOARD COMMENTS 3. NONE X ADDITIONAL CITY COMMISION COMMENTS 4. · . 3/"~,,,'~"" / S:\Planning\$HARED\WPkPROJECTS\BAPS TEMPLE CHURCH~ABANDONMENT~CONDITIONS OF APPROVAL P&d Feb 1 .doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Common Area APPLICANT'S AGENT: Donna West, Carnahan, Proctor & Cross, Inc. APPLICANT'S ADDRESS: cio Bob Fay, Hayden Bonded Storage, 160 NW 16th Street, Boca Raton DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Tract "G", Grove Plaza Replat, Southeast corner of Hypoluxo Road and Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: ~~~ City Clerk ~ ?~,/. ~L 0 ~ J:~SHRDATA~Iannin¢SHARED~PROJECTS~GROVE P~ COMMON AREA~NWSP~Develop. Order CC 2-15~0.doc EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Common Area File number: NWSP 99-023 Reference: 2nd Review, New Site Plan. File # NWSP 99-023 with a January 11, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS ] INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: 1. All access roads and hydrants will be required to be in place prior to X above grade construction. NFPA 1. POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 2. Permits are required for the construction of the improvements that are X shown on the approved site plan. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. 3. Compliance with the Building Codes will be evaluated at time of permit' X review. The permit fee and other applicable fees will be determined at time of permit review PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X Page 2 Grove Plaza Common Area FileNo.: NWSP 99-023 DEPARTMENTS INCLUDE REJECT PLANNING AND ZON1NG Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 4. NONE X ~a)mTIONAL CI~ COMMISSION COMUENTS J:\SHRDATA~PLANNING\SHARED\WP~PROJECTS\GR. OVE PLAZA COMMON AREAXNWSP\COND OF Al?PR CC 2-15-00.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray APPLICANT'S ADDRESS: 2001 SE 10th Street Bentonville, AR 72712-6489 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: Southwest corner Winchester Boulevard and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other .-¥~'~,0'~ .~.~..u.? DATED: ~~ ~~~0 ' ~ C~ty Clerk JASHRDATAXPlanning~SHARED~WP~ROJECTS~Wal Ma~BAN ~O~Develop. Order CC 002.doc ~//~ FL O~ EXHIBIT "C" CONDITIONS OF APPROVAL Project name: WAL MART File number: ABAN 99-007 Reference: Abandonment File #ABAN 99-007 DEPARTMENTS INCLUDE REJECT IPUBLIC WORKS Comments: NONE X I UTILITIES Comments: NONE. X I FIRE Comments: NONE X :POLICE I Comments: NONE X ' II ENGINEERING DIVISION x II Comments: NONE .... X PARKS AND RECREATION Comments: NONE X FORESTER/E ~NVIRONMENTALI ST ..... II Comments:NONE ...... ' X i IComments:. NONE. X II ADDITIONAL PLANN1NG AND DEVELOPMENT BOARD COMMENTS II II ~. NONE X JA/dim S:\Planning\SHARED\WP\PROJECTS\Wal MarfiABAN TWO\CONDITIONS OF APPROVAL 002-P&d.doc