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Minutes 11-04-98MINUTES OF REGULAR COMMISSION AELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON • + +: AT 6:30 Gerald "Jerry" Taylor, Mayor Kerry Willis, City Manager Shirley Jaskiewicz, Vice Mayor Jim Cherof, City Attorney Henderson Tillman, Mayor Pro Tern Sue Kruse, City Clerk Jamie Titcomb, Commissioner Nellie Denahan, Commissioner I. OPENINGS: A. Call to Order — Mayor Jerry Taylor B. Invocation — Reverend Conrad Braaten, Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb Mayor Taylor called the meeting to order at 6:35 p.m. Mayor Taylor noted that Reverend Conrad Braaten of Ascension Lutheran Church was not present (possibly because of the poor weather) for the invocation. Mayor Taylor gave the invocation. Commissioner Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: Additions, Deletions, Corrections Vice Mayor Jaskiewicz requested the addition of "Ethics Inquiry" under Item X, New Business. Commissioner Titcomb requested the removal of Item IV.B.2 from the Consent Agenda for discussion purposes. Commissioner Titcomb also requested that Resolution C -4 be removed from the Consent Agenda for commentary. Commissioner Titcomb requested the removal of Items IV.E and IV.F from the Consent Agenda to the City Manager's Report. Commissioner Titcomb requested that Item VI.K of the Consent Agenda be deleted. Commissioner Denahan requested the addition of Item 3 under "Announcements" Commissioner Denahan requested that Item IV.J be removed from the Consent Agenda for discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 199R Attorney Cherof requested the addition under Legal Ordinances - 1st Reading, of Ordinance 98-42 "Bed and Breakfast". Attorney Cherof requested that Item IV.D.1 be removed from the Consent Agenda for discussion. Mayor Taylor asked if there were any further additions or deletions to the Agenda. Hearing none, he called for a motion to approve the Consent Agenda. 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda as amended. Vice Mayor Jaskiewicz seconded the motion that carried unanimously. / II. ADMINISTRATIVE: A. Accept the resignation of Mary Cannon, Regular Member of the Senior Advisory Board. MOtion V M ic(~ ayor Jaskiewicz moved to accept the resignation with regrets. Mayor Pro Tem Til!iman seconded the motion that carried unanimously. I APpOintment Toi I~e Made I Titcomb* II Denahan III ]askiewicz II Denahan IV Tillman II Denahan II Denahan* IV Tillman III o Jaskiewicz IV Tillman May'r Taylor III ]askiewicz Appointments to be made: Length of Term Board Expiration Date Bldg. Bd. Of Adj. & Appeals Alt 1 yr term Code Compliance Board Alt 1 yr term Code Compliance Board Alt i yr term Education Advisory Board Stu 1 yr term Education Advisory Board Reg 2 yr term Cemetery Board Alt 1 yr term Community Relations Board Reg 3 yr term Recreation & Parks Board Reg 3 yr term Adv. Bd. on Children & Youth Stu/Reg 1 yr term Adv. Bd. on Children & Youth Alt I yr term Adv. Bd. On Children & Youth Reg 2 yr term Senior Advisory Board Reg 2 yr term 2 to 4/99 TABLED-3 to 9/99 TABLED-3 to 9/99 TABLED-2 to 4/99 TABLED-3 to 4/00 TABLED-2 to 4/99 TABLED-2 to 4/00 TABLED-3 to 4/99 TABLED-3 to 4/99 TABLED-2 to 4/99 TABLED-2 to 4/99 to 4/99 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Mayor Taylor appointed Steve Waldman, currently an Alternate Member, to a Regular Member of the Advisory Board on Children and Youth. Vice Mayor Jaskiewicz appointed Bemice Joyce as a Regular Member of the Senior Advisory Board. Motion Mayor Pro Tem Tillman moved to approve the appointments and table all remaining appointments. Commissioner Titcomb seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Taylor made the announcement: CRA Workshop Meeting on Friday, November 6, 1998 at 3:30 p.m. in the Library to discuss implementation strategies for 1998/99 Visions 20/20 projects Commissioner Titcomb stated for clarification purposes that this is the workshop to discuss CBD Overmapping and Parking issues for the downtown area. Mayor Taylor made the announcement: Ad Hoc Landscape Committee Meeting - Monday, November 16, 1998 at 7:00 p.m. in the West Wing Conference Room "C" Vice Mayor Jaskiewicz stated that there has been an excellent voluntary participation and will keep the Commission posted on the progress of the Committee. Commissioner Denahan made the announcement: The Advisory Board on Children and Youth will be holding the Youth Expo on Saturday and Sunday, November 7th and 8th at the Boynton Beach Mall. Commissioner Denahan stated flyers were available on the table outside the Commission Chambers "' 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 B. Presentations: 1. Proclamations: a. "National Epilepsy Awareness Month,' - November 1998 Mayor Taylor stated there is a Proclamation proclaiming November as the National Epilepsy Awareness Month in the City of Boynton Beach. b. "Boynton Veterans Council Veterans Day Celebration"- Sunday, November 8, 1998 Mayor Taylor read the Proclamation declaring Sunday, November 8, 1998 as "Boynton Veterans Council Veterans Day Celebration". Commander Gerald Weiner was present at the podium to accept the Proclamation on behalf of the veterans. Commander Weiner thanked the Mayor and the Commissioners and invited everyone to attend the ceremony on Sunday, November 8th at 2:00 p.m. at Jaycee Park. There will be a one-hour ceremony and immediately following there will be a free barbecue cookout for all in attendance. Motion Commissioner Titcomb moved to remove the Presentation by "We Change Foundation" from the table. Motion seconded by Commissioner Denahan. Motion unanimously carried. 2. Presentation to the City Commission by the We Change Foundation - Requested by Commissioner Jamie Titcomb Commissioner Titcomb stated that the We Change Foundation is located in Boynton Beach on Ocean Avenue. We Change takes young adults with Iow self-esteem and no life skills and turns them around with success story after success story. Rosemary Hillery took the podium and introduced her associate, Mohandas Chettayar and stated We Change deals mostly with Boynton Beach youth and asked Mr. Chettayar to explain the program. Mr. Chettayar stated that We Change Foundation is designed to motivate young adults. Boynton Beach was chosen because it has the second greatest number of school dropouts in the County. The course that is offered is called "mind span" which teaches respect, self-esteem, goal setting and achieving, career readiness and many other skills for introduction into technology. Mr. Chettayar stated they were present tonight to enlist the support of the City and have enrolled MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, '1998 approximately 48 young adults in the program and 30 have graduated. Seven more youths will be graduating in a couple of weeks, most from the Boynton Beach area. A brochure is currently being prepared to reach young adults in this area and they would like to meet with the Commissioners for their input. Mr. Chettayar thanked Chief Gage for his assistance. He has been very instrumental in the success of the program. Ms. Hillery stated that We Change Foundation is the first alternative school in Boynton Beach and will be working with local youth from the middle and high schools. Mayor Taylor inquired if a new facility has been located. Mr. Chettayar stated they are still looking for a new location-. Mr. Chettayar stated they were in need of between 1200 to 1500 square feet. Mayor Taylor stated that the current location poses a safety problem since there is no back door. Mr. Chettayar stated that the program would be negated without the proper facilities, although they have qualified in all other areas with the School Board. Mr. Chettayar stated that the program has been funded for the past two and one-half years by himself and Ms. Hillery and they are in need of help. The program has proven effective and has the support of the parents, but there are some fundamental items needed. Mayor Taylor stated that the Foundation deals mostly with youth that have lost their drive and have no incentive and self-esteem and turns these young adults around. They are doing a tremendous job. Vice Mayor Jaskiewicz asked what the school's schedule was. Mr. Chettayar stated they meet twice a week in the evening. The program with the School Board will be everyday. Vice Mayor Jaskiewicz inquired why the schools were not available in the evening. Mr. Chettayar stated there was nothing available to them in the schools in Boynton Beach. Ms. Hillery stated that one of the reasons for success of the program is that the youth are taken out of a school environment and placed in an office setting to show them they can succeed in the business field. This also removes the youth from the peer pressure that exists at the schools. Also Mr. Chettayar stated that the GED is the worse thing that has happened to this country. A GED has allowed an entire population of high schools to think they can recollect their lives at some point by getting a GED. Mr. Chettayar stated that you cannot even enter the military today with a GED. It is important that these youth be given back some sense of worth. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Commissioner Titcomb stated that the program is in need of resources and allowing them exposure to the City would be important. Commissioner Titcomb suggested that the City could help with printing of their brochure. Commissioner Denahan inquired as to the cost of printing the brochures. Mr. Chettayar stated it would be between $1,100 and $1,400. Commissioner Titcomb inquired if staff could assist with the reproduction of the brochures. Mayor Taylor suggested consulting with staff and having staff contact the Foundation at their phone number 736-9407. Commissioner Denahan applauded their efforts for making a difference with the youth in BoYnton Beach. IV. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting - October 20, 1998 Bids - Recommend Approval- All expenditures are approved in the 1998- 99 Adopted Budget Approve an annual contract for Janitorial Services for the East Water Treatment Plant and Administration Building from R.E.S.P.E.C.T. of Florida, in the amount of $18,231.67 (PROPOSED RESOLUTION NO. R98- 180) Renew the contract for "MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE/EMTS" to Dr. Joseph Yates, M.D. in the amount of $20,800 (PROPOSED RESOLUTION NO. R98-181) At Commissioner Titcomb's request, Item B-2 was removed from the Consent Agenda for discussion. Award bid for "ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC." to Envirodyne, Inc. Resolutions: d MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Proposed Resolution No. R98-182 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of October 15, 1998: Authorization to expend $8,500 from Sinking Fund to replace #1 RAS Motor "B" Plant Proposed Resolution No. R98-183 Re: Approve Water Service Agreement for YMCA of South Palm Beach County dba YMCA of Boca Raton Proposed Resolution No. R98-184 Re: Authorizing the Mayor to sign a one-year lease (June 1, 1998 to May 31, 1999) for City Hall in the Mall with Boynton JCP Associates, Ltd., a Florida Limited Partnership Proposed Resolution No. R98-185 Re: Approving the first addendum to Gateway Interlocal Agreement with Palm Beach County At Commissioner Titcomb's request, Resolution C.4 was removed from the Consent Agenda for commentary. D. Ratification of Planning & Development Board Action: Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185' south of Golf Road - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on flag-shaped parcel (TABLED ON 9/15/98 - KEEP ON TABLE UNTIL 11/4/98) Attorney Cherof requested that Item D.1 be removed from the Consent Agenda for discussion. Ridgeway Plumbing (Robert Fetrow, PE) 640 East Industrial Avenue - Request for major site plan modification approval to construct 18,475 square foot addition Ridgeway Plumbing (Robert Fetrow, PE) - 640 East Industrial Avenue - Request for appeal from Chapter 7.5. Article II, Landscape Code, Section 5(E) to avoid placing a perimeter landscape buffer 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 along the east side of the property where the vehicle use area abuts railroad right-of-way Authorize the reimbursement of $5,000 to Fishermen's Catch, dba Boynton Seafood, due to their successful completion of the store's fa(;ade improvements Commissioner Titcomb requested that Item IV.E be moved from the Consent Agenda to the City Manager's Report. Approve the 1998-99 Fagade Grant Program Application and Program Rules Commissioner Titcomb requested that Item IV.F be moved from the Consent Agenda to the City Manager's Report. Approve and authorize a cash incentive policy to be offered to homeowners/customers of the water utility who move and replace their own plumbing services as water mains are relocated from rear easements to front yards Motion to approve request submitted by the First Baptist Church of Boynton Beach to set up a 9' x 70' tent for their hostessing group to serve, at no charge, cold drinks and cookies in conjunction with their annual Christmas Pageant at the Church Approve purchase of above-ground fuel tanks at three master lift stations and 1,000,000 gallon water storage facility utilizing SNAPS (State Negotiated Agreement Price Schedule) Agreement 8301090 Approve SHIP funds in the amount of $19,100 to Jean Paul and Marie Jean-Louis to purchase, as first-time homebuyers, the property located at 111 SW 4th Avenue, and $12,000 to Joseph Murat Alliance and Ima Alliance to purchase, as first time homebuyers, the property located at 647 SW 4th Avenue Commissioner Denahan requested that Item IV.J be removed from the Consent Agenda for discussion. Approve a contract with Sedgwick of Florida, Inc., to serve as insurance consultant for studying the feasibility of establishing an integrated claims and disability management program at a cost not to exceed $18,000 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Commissioner Titcomb moved that item VI.K of the Consent Agenda be deleted. Motion Commissioner Titcomb moved to approve the Consent Agenda with the exception of Items B.2, C-4, D.1, IV.E, IV.F, VI.J, and IV.K. Mayor Pro Tem Tillman seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION J. 2. Renew the contract for "MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE/EMTS" to Dr. Joseph Yates, M.D. in the amount of $20,900 (Proposed Resolution No. R98-181) Commissioner Titcomb informed the Commission that after speaking with staff he was informed that this is required under the Florida Statutes. Commissioner Titcomb inquired if it would be appropriate to have a staff medical person to assume some of the duties of the contract, as well as handling worker's compensation, pre-screening, employment physicals, and various other needs. Chief Bill Bingham of the City's Fire Rescue Department took the podium and addressed the Commission. Chief Bingham stated this is the annual contract for the physician that overseas the 87 firefighters and paramedics as required by Florida Statute 401, as well as Administrative Code 63E. Chief Bingham stated there have been meetings held within the last few months and would involve a tremendous undertaking to add a staff medical person. Many departments throughout the City have various requirements for physicals, as well as there could be worker comp issues. Staff is still looking at providing some of the services suggested by Commissioner Titcomb, but this will take more time to accomplish. Also an RFP may be necessary. Commissioner Titcomb inquired if a staff medical person were hired would that person need EMT level requirements and Chief Bingham confirmed that was correct. The medical director approval presented to the Commission requires a Board certified emergency physician. On the other issue, a person would have to be board certified in occupational health. Chief Bingham stated these are two completely separate disciplines in the medical field. AlSo City Manager Willis stated that a proper facility would be necessary for this staff P MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 person, and all required medical equipment would be needed. Presently, models in other cities are being looked at. City Manager Willis stated that this would be brought back before the Commission with the new budget. On a trial basis, the Fire Department has been using the Delray clinic to see how this works. Motion Commissioner Titcomb moved approval of the contract on the Consent Agenda, Item B.2. Commissioner Denahan seconded the motion. Motion unanimously carried. C. 4. Proposed Resolution No. R98-185 Re: Approving the first addendum to Gateway Interlocal Agreement with Palm Beach County Commissioner Titcomb informed the Commission and audience that the Gateway project is moving along. Mayor Taylor stated that the cost was originally set at $750,000 and now the cost is at $2,622,000. City Manager Willis stated that the County requested that the City obtain an engineer's estimate for a full 5-lane build out, which the County would fund, if the City would take over perpetual maintenance. This has been done and the County has been provided with the figures. Motion Vice Mayor Jaskiewicz moved approval of Item C.4 (R 98-185) on the Consent Agenda. Commissioner Titcomb seconded the motion. Commissioner Titcomb inquired if there was a timeframe in place for this project. Assistant City Manager Sugerman took the podium and stated presently the project is still in the design stage and the project has not been put out to bid as yet. Ninety-five percent of the design should be completed by the end of December with bidding taking place in February and if that schedule is kept, a contract can be awarded sometime in March. It is anticipated that groundbreaking will take place in the spring. Commissioner Titcomb inquired how long it would take to complete the project and Mr. Sugerman stated approximately 18 months. Motion unanimously carried. l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 0.1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185' south of Golf Road - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25; in preparation for construction of 20 condominium units on flag-shaped parcel (TABLED ON SEPTEMBER 15, 1998) Motion Commissioner Titcomb moved to remove this item from the table. Vice Mayor Jaskiewicz seconded the motion. Motion carried unanimously. Attorney Cherof stated that the matter had been tabled at the September 15, 1998 meeting after the Applicant had made their presentation to establish the basis for the request for a variance and also for further staff review. Attorney Cherof referred the Commissioners to Exhibit B in their packets, which shows the configuration of the property to be unique, and is the general basis for the granting of the variance. The access from Federal Highway is necessary to develop the parcel, otherwise the property would be landlocked. Attorney Cherof stated that the request meets the general criteria for the variance. Mayor Taylor stated that this property was divided over thirty years ago and that the only way to utilize this land is to grant a variance and Mayor Taylor said he was willing to approve the variance. Vice Mayor Jaskiewicz inquired as to the price range of the proposed buildings. Attorney Howard E. Nelson, of Bilzin, Sumberg, Dunn, Price & Axelrod, 2500 First Union Financial Center, Miami, Florida, representing the applicant took the podium. Attorney Nelson stated that the applicant currently does not have a construction plan, but does have a site plan and conferred with his client. Attorney Nelson stated the pro forma range will be from the upper $180,000 range to Iow $300,000. Vice Mayor Jaskiewicz asked if the buildings would be as presented to the Commission. Commissioner Titcomb stated that the last time this project was discussed, he asked the City Attorney about the Commission's ability to analyze the configuration of the project in conjunction with the variance and was informed by the City Attorney that this was permissible. Attorney Cherof inquired if Commissioner Titcomb was referring to the number of units, density, and layout. Attorney Cherof stated that the Commission has general ability to establish conditions on granting of the variance in some areas of the design criteria. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Commissioner Titcomb also inquired if the variance were granted would the visuals that are provided as backup be locked into the approval of the variance or can it be modified in the future, either by the applicant or by the City. Attorney Cherof Stated that the applicant reserves their right to come back and submit site plan modification drawings in the future and there is no means to limit that process. Attorney Nelson stated they would be agreeable to stipulate that the variance be conditional that there will not be more than 20 units on the parcel. Vice Mayor Jaskiewicz stated that on page 2 of staff comments, staff recommends the variance be approved and asked if this was inconsistent with the development order. Attorney Nelson stated that the Commission is the applicant's only appellant avenue within the City, and rather than remain silent before the vote, Attorney Nelson requested that this be put on record. Attorney Cherof inquired if the issue is the site plan or the variance. Attorney Cherof stated that the variance issue was covered at the previous hearing. Attorney Nelson said it was not and wants to move forward tonight only on the variance issue. Attorney Cherof stated that the variance only requests the right to develop with less frontage on Federal Highway than 100 feet. The remaining portion of the project will come back when the site plan is brought back before the Commission. Mike Rumpf, Acting Planning and Development Director stated that approval of the variance by the Commission would have no bearing upon the specifics of the project that will be eventually proposed. Commissioner Titcomb stated that the issue is the density and the impact it will have on the neighbors to the south and the traffic issue on Federal Highway. Attorney Cherof stated that this Commission has less ability to attach conditions to approval of the site plan than to the granting of a variance. Commissioner Titcomb stated that he would like more restrictive use of the land in conjunction with the variance and now would be the time to not Support the request for the variance. Attorney Nelson stated that according to the City's Comprehensive Plan Overlay District, this property is developable at 40 units per acre and the applicant is proposing half density, and this proposal is not being presented tonight. For clarification, Vice Mayor Jaskiewicz stated that this Commission tonight is ratifying the Planning and Development Board's action, which disapproved the variance. Therefore, the Commission must make a new motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Motion Vice Mayor Jaskiewicz moved to reverse the ruling of the Planning and Development Board in favor of the applicant for the variance as requested. Vice Mayor Jaskiewicz would like included that there is no more than 20 units density for the entire project. Motion seconded by Mayor Pro Tem Tillman. Motion carried 4-1 (Commissioner Titcomb dissenting). Approve SHIP funds in the amount of $19,100 to Jean Paul and Marie Jean-Louis to purchase, as first-time homebuyers, the property located at 111 SW 4~h Avenue, and $12,000 to Joseph Murat Alliance and Ima Alliance to ~purchase, as first time homebuyers, the property located at 647 SW 4'" Avenue Commissioner Denahan said she is very proud of this program being offered by the City and has some questions she would like addressed. Ms. Octavia Sherrod, the City's Community Development Coordinator took the podium. Commissioner Denahan would like Ms. Sherrod to explain how the second mortgage grant works .in order to keep the public informed of this process. Ms. Sherrod stated that in order to protect the City's interest the City Attorney's Office prepared a second mortgage and security agreement. The mortgage term is 10 years and states if the property is sold, transferred or refinanced prior to the expiration date of the mortgage term, that portion of the mortgage remaining is recaptured by the City at the time of the closing and shall be returned to the City of Boynton Beach SHIP Program. Commissioner Denahan inquired how the second mortgage rates and grant rate were determined. The loan to value rate and debt ratio were considered. The applicant's ability to repay the first mortgage is considered and most Iow-income people can only afford a certain amount towards housing expenses and their total debt ratio doesn't usually exceed 40 to 45%. Lenders look favorably to SHIP funds, because they do not have to be repaid. If the funds had to be repaid, that sum would be included in the applicant's debt ratio. Commissioner Denahan stated that the major concern is that the applicant has the ability to pay the first mortgage. Commissioner Denahan asked for the status of the ordinance/ordinances regarding the cohabiting, non-related independent individuals in one home on one property. Attorney Cherof stated they have looked at the definition of "family" in the development code, which describes a family as being any number of individuals related by blood or ]3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 marriage, plus one additional person is permitted that is not related by blood or marriage. In tightening that definition to control occupancy of residential structures, it has been decided that the issue should be approached from an occupancy level and how many square feet would be appropriate for occupancy. Also, this can be approached from the parking issue as well. Mayor Pro Tem Tillman asked if these two issues are related and stated the issue before the Commission is approval of SHIP funds for first time home buyers and now the discussion is about numbers of persons in dwellings and ordinances being prepared. Mayor Pro Tem Tillman requested that a staff member address his concerns. City Manager Willis stated that perhaps it came about because there were two separate applications on one agenda item. These are two separate families with two separate homes who are being approved for SHIP funds. Commissioner Denahan stated that there have been requests from this same neighborhood that the Commission look at all the people living in homes that are unrelated, and Commissioner Denahan was inquiring as to the status of the ordinances. Mayor Pro Tem Tillman restated these are two separate issues and the issue before the Commission is the issue of first time homebuyers. Mayor Pre Tem Tillman stated that the issue of persons living in dwellings is a code issue or a density issue, but has nothing to do with the item before the Commission. Commissioner Titcomb suggested that an agenda item be added to unfinished business to discuss the status of the ordinances and that should be separated from the issue of the SHIP funds. Commissioner Denahan stated she did not need to address this issue any further. Motion Commissioner Denahan moved to approve SHIP funds in the amount of $19,100 to Jean Paul and Marie Jean-Louis to purchase, as first-time homebuyers, the property located at 111 SW 4th Avenue, and $12,000 to Joseph Murat Alliance and Ima Alliance to purchase, as first time homebuyers, the property located at 647 SW 4th Avenue. Motion seconded by Vice Mayor Jaskiewicz. Motion unanimously carried. CITY MANAGER'S REPORT: ]4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Authorize the reimbursement of $5,000 to Fishermen's Catch, dba Boynton Seafood, due to their successful completion of the store's facade improvements Dale Sugerman, Assistant City Manager took the podium to address these two items. Mr. Sugerman stated that Fishermen's Catch has successfully completed their store faCade improvements and briefed the Commission on the improvements that were purchased by Fishermen's Catch to make these improvements. The property has been inspected, a Certificate of Completion has been granted, and they have done a wonderful job. Vice Mayor Jaskiewicz also commented on a great job done. Motion Commissioner Titcomb moved to authorize the reimbursement of $5,000 to Fishermen's Catch, dba Boynton Seafood due to their successful completion of the store's fa(;ade improvements. Motion seconded by Commissioner Denahan. Commissioner Denahan stated she resided in this neighborhood and was proud of the work done by the Bills, who are the owners of the property and who have turned a blighted building into a showcase for downtown. Mayor Taylor stated he was very impressed with the work that has been done on the property. Motion carried 5-0. F. Approve the 1998-99 Facade Grant Program Application and Program Rules Mr. Sugerman stated the FaCade Improvement Grant Program has become a successful program and the regulations have been rewritten with some new concepts in mind. The application process will be simplified and Mr. Sugerman referred the Commission to the application in their packets. Also, the regulations have been modified which are for consideration this evening. Eligible activities have been expanded to include the following: · signage (located off the building; prior signage had to be affixed to the building) · irrigation · parking lot re-paving, re-sealing and re-striping · lighting · ADA improvements MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Mr. Sugerman said there were two other major changes to the rules and regulations. It has been clarified as much as possible that this is a reimbursement program and some applicants were adamant about paying the contractor up front prior to reimbursement. Mr. Sugerman stated the program has always been a reimbursement program. The Commission was referred to item 6 on page two of the application and agreement. The Commission expressed its desire that the program would include funds for landscaping and signage in the CRA area. Also, property owners have requested that the City participate in the costs of these upgrades. Therefore, a provision has been written into the faCade grant program that if the property owner makes improvements to their signage and landscaping to meet the requirements of the soon to be adopted landscaping and signage ordinance, that property owner could receive an additional $2,500 in grants. Total available grant funds would now be $7,500. However, the new signage and landscape ordinance has not as yet been adopted. Vice Mayor Jaskiewicz stated she could have the ordinance ready for the next Commission meeting. Mr. Sugerman stated that the program only has $30,000 remaining and there are seven applicants waiting for receipt of the revised regulations tomorrow and if all seven are eligible, there will not be enough funds. Mayor Pro Tem Tillman inquired if these funds were for properties in the downtown area. Mr. Sugerma.n stated that the funds were available for any property within the expanded CRA. Mayor Pro Tem Tillman stated that the downtown area, which is part of the CRA area, should be targeted for additional money. Vice Mayor Jaskiewicz also asked Mr. Sugerman to wait to process any more applications until after her next Landscaping Committee meeting on November 16th because she has parties who are interested and plans are being prepared. Vice Mayor Jaskiewicz requested that these persons be included in the application process. Mr. Sugerman stated this would not be a problem and suggested that the program could begin taking applications on December 1st. Vice Mayor Jaskiewicz stated there are four voluntary property owners who want to participate in the program. Mayor Taylor commented on the insufficiency funds for the program. Mayor Taylor stated that a method needs to be in place to determine when the applications are received which could be done by time/date stamping, so that the applications can be considered for the next budget year. Mayor Taylor also suggested that if the program becomes successful, consideration should be given to increasing the grant funds. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 Mr. Sugerman suggested that a date should be chosen when the applications would be made available and a date when they are due back. When they are returned, they would be time stamped. Mr. Sugerman stated that the Commission could decide on these dates. City Manager Willis stated that there were funds that had been appropriated during prior years for this purpose, but were not expended. City Manager Willis suggested that these funds could be appropriated for use in this program. Vice Mayor Jaskiewicz said that at the last meeting each Commission member was given the minimum landscape requirements for upgrading existing properties and if there are no problems with these requirements, Vice Mayor Jaskiewicz would like to turn this over to the Attorney for presentation. Mr. Sugerman concurred with City Manager Willis that there are other funds available that are committed for "downtown" and the only funds appropriated are the $30,000 for the program. These other funds could be transferred to this program. Commissioner Denahan inquired if ownership of the property was a requirement for the funds. Commissioner Denahan stated that until more funds are available, property ownership should be prioritized. Mr. Sugerman stated the rules and regulations specify an applicant must be a property owner. However, it does say "tenant, if applicable". If there is a tenant, the property owner must also sign off as well as the tenant. Commissioner Titcomb stated that the Bills' property is a prime example of the positive impact that this type of program can produce on the surrounding areas and would en!courage that the funds be appropriated for as many of these projects as possible. Ms. Mary Law, 625 S. Federal Highway, Boynton Beach took the podium and stated that when the program was created two years ago she was one of the first applicants. Ms. Law said that after reading the application, she could not sign it. Ms. Law said she is in real estate and is very familiar with documents and contracts. Ms. Law said the document did not make any sense and she re-wrote it and submitted it to the City. The City Attorney at that time rejected her application because she re-wrote it, and Ms. Law questioned why clauses 7 through 21 are in application. Ms. Law is under the impression that the City does not trust the property owner and the City wants easements on the property. Ms. Law reviewed some of the requirements contained in the agreement with which she could not agree. Ms. Law stated that she did not like having an easement on her property and questioned how it would be removed in the future. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 City Manager Willis stated that two years ago the program was just implemented and the new application is a streamlined document. City Manager Willis pointed out that the application serves to safeguard the taxpayers' funds appropriated for the program, as well as to allow inspections to determine that the original intent of the program has been complied with. Vice Mayor Jaskiewicz was asked what dates would be appropriate for the applications to be made available and stated the applications should not be announced until after the November 16th meeting in order to accommodate the requests of persons who have expressed a desire to participate in the program. Mr. Sugerman inquired if the ordinance would come before the Commission at the November 17th meeting and therefore the grant applications available date could be set at December 1st and will be considered on a first-come, first-served basis. Motion Vice Mayor Jaskiewicz moved that the application forms for the expanded program for grant monies for signage, irrigation, parking lot re-paving, lighting and ADA improvements will be available December 1st and Vice Mayor Jaskiewicz further moved to approve the 1998-99 Fa(j:ade Grant Program Application and Program Rules. Motion seconded by Commissioner Denahan. Motion carried 5-0. VI. PUBLIC AUDIENCE: Patrick Franklin, City employee and Union Steward for Local 1227, felt that the issue of volunteering is done because a person wants to, not because it is mandatory for a pay raise and has nothing to do with a person's job. If an evaluation were based on 20% for volunteering, that makes it mandatory. Mr. Franklin also stated some employees do not have time to volunteer because they work second jobs or are single parents who can only see their children on weekends. Mr. Franklin read the definition of "voluntarily" according to the American Heritage Dictionary to the Commission. Mr. Franklin thanked the citizens of Boynton Beach for keeping term limits. David Fellows, Alternate on the Education Advisory Board wished to bring to the Commissioners' attention that the Education Advisory Board recently lost two of its regular members and referred to the minutes of the October 1st meeting. At that meeting, the Board requested that Mr. Fellows be moved up in status from alternate member to regular member. The Board will have its regular meeting tomorrow night and the election of officers is scheduled. Therefore, the Board would like to have its slate of regular board members in place. Mr. Fellows asked if this could be accomplished this evening by the Commission. ]8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 199R Mayor Taylor stated he had read the minutes of the October 1st Education Advisory Board and stated that Boards do not have authority to move a member up. Mayor Taylor stated that the request must be brought before the Commission and the Commission decides to move a person from alternate to regular member. Mayor Taylor felt the Board acted inappropriately and asked Mr. Fellows if he completed a new board application to be moved up to regular position. Mayor Taylor stated that sometimes all that is needed is a telephone call requesting the move up in position. Mayor Taylor noted that Mayor Pro Tem Tillman had the nomination and Mayor Pro Tem Tillman stated that the nominations had been tabled. Mr. Fellows apologized for the Board's actions, which were unintentional. Commissioner Titcomb inquired if this process could be streamlined and rather than have someone who has served on the same Board for a long time filling out the same form every year, the City Clerk could poll Board Members to determine their willingness to be re-appointed. The Clerk's Office could provide a list of Board members that would like to be re-appointed or moved from alternate to regular member. Mayor Taylor stated this was a good suggestion and inquired if the Clerk's Office could accommodate this request and Ms. Kruse indicated they would. Commissioner Denahan stated that the City Attorney has indicated that the Education Advisory Board Chair could be an alternate. Mike Bottcher, Chairman of the Board of the Boynton Beach Chamber of COmmerce, said he was present tonight representing 700 members of the Chamber. Mr. Bottcher wished to convey to the Commission and Community that the Chamber cares about the activities that the Commission deals with each day and offered the Chamber's assistance in any way possible. Mary Law, 625 Federal Highway, Boynton Beach, was present to address the City's leash law and stated that dog owners let their dogs run loose. Ms. Law in the process of trying to sell real estate has observed dogs running loose in yards. Also, dogs have been observed going into the Seacrest Scrub and digging into the gopher turtle holes. Also, people have heard dogs barking and raccoons' screaming. Ms. Law stated she found two dead raccoons last Saturday at Seacrest Scrub. Ms. Law stated that the leash law should be explained to the citizens in the City's Visions, Views and City News and suggested that if a resident takes a picture of a dog and the owner of the dog is located, that owner should be fined. Also, dog owners should be aware of the legal consequences if their dog bites or kills another animal or person. (Ms. Law presented MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA the letter that she read to the Commissioners.) NOVEMBER 4, 199R Mayor Taylor stated he would bring this to the attention of the animal control staff. Mayor Taylor wished to address the comments regarding volunteerism and stated this came about during discussions on how to reward people who go above and beyond the realm of their job performance. Mayor Taylor stated this was the result of thinking "outside the box" and to come up with ideas that may or may not be popular. It is important to allow people to think outside the box, otherwise newer and better ideas will never happen. Mayor Taylor stated he has always encouraged his employees to think creatively and come up with new ideas, even if they are rejected. Mayor Taylor commended staff for not having any fear to tackle new tasks and make new decisions. Also, Mayor Taylor commended the employee for bringing his concerns on this issue to the Commission. It is important that feedback be received to keep informed. Vice Mayor Jaskiewicz commended the Code Compliance Department and all other City employees who painted a total of six houses last Saturday. Mayor Taylor asked if anyone else wished to address the Commission and being none, closed the public audience. VII. PUBLIC HEARING None VIII. BIDS None IX. DEVELOPMENT PLANS None X. NEW BUSINESS A. Ethics Inquiry Vice Mayor Jaskiewicz stated she had concerns that she was disturbed about and did not want to bring them up before the election. Vice Mayor Jaskiewicz stated she was concerned about the literature that was handed out that was blatantly false and misrepresented facts. Vice Mayor Jaskiewicz said that for almost four years now, our intent has been to present a fine image of the City. Vice Mayor Jaskiewicz stated that 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 199R many items were exaggerated, especially with regard to police and pay raises. It has been printed on a web site that the money intended for police pay raises is being used to pay off judgment losses in the amount of $18 million in Home Depot lawsuits. This is a terrible thing to circulate in the City. This occurred in 1990 and has no reflection on this Commission and it also was blatantly false. It wasn't to Home Depot and it wasn't $18 million. Vice Mayor Jaskiewicz stated she is turning every one of these items over to our Attorney and wants 'every single item answered. Vice Mayor Jaskiewicz stated she wants the facts to be made public and it is disgraceful that anyone would represent our City in this manner. XI. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1st Reading Proposed Ordinance O98-42 Re: Amending Chapter 2 - Zoning of the Boynton Beach Land Development Regulations, providing for the establishment of bed and breakfast establishments as a conditional use Attorney Cherof read Proposed Ordinance O98-42 by title only Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-42. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. XIII. OTHER Motion Accept the agreed upon settlement with plaintiff in the amount of $52,500 in the case Brad Lynch v. City of Boynton Beach, et al Mayor Pro Tem Tillman moved to approve the settlement with plaintiff in the amount of $52,500 in the case of Brad Lynch v. City of Boynton Beach, et al. Motion seconded by Vice Mayor Jaskiewicz. Motion carried 5-0. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1998 XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:10 p.m. CITY OF BOYNTON BEACH ATTEST: Recording Secretary (two tapes) ~lrvla~or Pro Tem ' /~issioner Commissioner 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE " CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ridgeway Plumbing APPLICANT'S AGENT: Robert E. Fetrow, P.E., Gator Engineering Services, Inc. APPLICANT'S ADDRESS: 7289 Garden Road, Suite 104, West Palm Beach, FL 33404 DATE OF CITY COMMISSION RATIFICATION: November 4, 1998 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF pROpERTY: 640 East Industrial Avenue 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. City Clerk J:\SHRDATA~Ianning\SHARED\WP~,ROJECTS\Ridgeway Plumbing\MSPM\DEVELOPMENT ORDER.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other Project name: Ridgeway Plumbing File number: MSPM 98-003 EXHIBIT "C" Conditions of Approval Reference: The plans consist of 8 sheets identified as 2nd Review, Major Site Plan Modification. File # MSpM 98-003 with an October 13, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Department of Health permits will be required for the water system X extension (i.e. fire line) serving this project. (Sec. 26-12) 2. Fire flow calculations will be required demonstrating the city code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your Health Department permit application and plans. 3. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: 4. Install ballards around both hydrants. X 5. Provide either electrical access to gates available to emergency response X crews or a lock (i.e. Knox box). POLICE Comments: None X ENGINEERING DIVISION Comments: 6. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not Page 2 Ridgeway Plumbing File No.: MSPM 98-003 DEPARTMENTS INCLUDE REJECT limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and others, shall be included with your permit request. 7. Add note to details sheet that the parking lot details shall conform to the X City's Standard Drawing B-90012. 8. Provide details for a positive drainage system for the new loading dock X area. BUILDING DMSION Comments: 9. Modify the typical parking stall drawing to reflect the conditions X proposed on the site plan and drainage plan (accessible route to the building and sidewalk configuration). The accessibility route shall comply with the regulations specified in the Accessibility Code for Building Construction. 10. Illustrate on the plans the accessible route to the accessible entrance of X the building. The accessible route shall comply with the regulations specified in the Accessibility Code for Building Construction. 11. Building siguage is not requested. Therefore place the following note on X the elevation view drawing of the new addition "Building signage is not approved. Site plan review will be required for future building siguage. 12. Show on the site plan the existing site signage including identifying the X setback dimensions, overall height and total square foot area of the sign. If site signage does not exist at the site amend the note found on the site plan to read "Site signage is not approved. Site plan review will be required for future site signage. 13. Add to the floor plan drawing the sidewalk that is located abutting both X sides of the office portion of the building. The width and configuration of the sidewalk shall match the size and shape depicted on the site plan. Identify the elevation of the sidewalk at the accessible entrance to the building. The transition from the sidewalk to the finish floor of the building shall comply with the accessibility regulations. 14. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. Page 3 Ridgeway Plumbing File No.: MSPM 98-003 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 15. Add the following notes to the site plan tabular data: CH.2 Sec.7 Par. E X · Amend existing and proposed building square footages to match the floor areas depicted on the site plan · Revise the application to reflect the correct buildings square footages 16. All parking lot landscape islands shall be scaled and dimensioned at 5 X feet excluding curbing. City of Boynton Beach drawing #B-90012 17. Provide required landscaping along east side of property or a landscape X appeal for the east perimeter buffer must be approved prior to site plan approval. 18. Provide 2.5 feet of buffer area, excluding curbing, at the end of the drive X aisle in the parking area at the north west comer of the site. Ch.7.5 Art. Il Sec.5 Par. E 19. Provide a note on the landscape plans stating that a mulch other than X cypress will be utilized in the planting beds. 20. Provide tabular data on the elevation drawings that list the proposed X paint colors for each of the building elements. Ch. 4, Sec. 7, Par. D 21. Abandon the last 350' of the 50' access easement or provide a unity of X control document, which allows cross access for the parcels to the north and west. 22. Provide a boundary plat or a Unity of Title document for the two site X planned parcels. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Page 4 Ridgeway Plumbing File No.: MSPM 98-003 DEPARTMENTS iNCLUDE REJECT 23. Revise condition # 21 to read "Provide turn out to property to west or X letter from adjacent property relinquishing furore use of access easement." 24. Modify the site plan to show location of ground air condition units. X ADDITIONAL CITY COMMISSION CONDITIONS 24. MWR/dim J:\SHRDATA~LANNING\SHARED\WP~RO.IECTS~RIDGEWAY PLUMBING~vlSPM~COND. OF APPR-2ND REVIEW.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ridgeway Plumbing APPLICANT'S AGENT: Robert E. Fetrow, P.E., Gator Engineering Services, Inc. APPLICANT'S ADDRESS: 7289 Garden Road, Suite 104, West Palm Beach, FL 33404 DATE OF CITY COMMISSION RATIFICATION: November 4, 1998 TYPE OF RELIEF SOUGHT: Landscape Appeal LOCATION OF PROPERTY: 640 East Industrial Avenue 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 ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. City Clerk J:\SHRDATA\Planning\SHAREDWVP~PROJECTS\Ridgeway Plumbing\LAAP\DEVELOPMENT ORDER-laap.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other _. ~-.~- ~t1111~111111~~ EXHIBIT "C" Conditions of Approval Project name: Ridgeway Plumbing File number: LAAP 98-001 Reference: Letter of request from Gator Engineering Services dated October 14, 1998. DEPARTMENTS I iNCLUDE I REJECT PUBLIC WORKS Comments: None X uTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CItY COMMISSION CONDITIONS 2. T. ad~d~mmxim~ A~,,~,~' J:\SHRDATA~PLANNING\SItARED\WP~PROJECTSkRIDGEWAY PLUMBiNG~LAAP\coiqD. OF APPR-LAAP.DOC ,- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Orchard Landing APPLICANT'S AGENT: M. Jeffrey Semko APPLICANT'S ADDRESS: 1815 High Ridge Road, Lake Worth, Florida 33461 DATE OF CITY COMMISSION PUBLIC HEARING: November 4, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum frontage) LOCATION OF PROPERTY: East side of U.S. 1 approximately 185 feet south of Golf 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 City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Orchard Landing%Z. NCV 98-011\Development Order - zncv.doc EXHIBIT "D" Conditions of Approval Project name: Orchard Landing File number: ZNCV 98-011, Case No. 258 Reference: Zoning Code Variance Application dated 7/28/98. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS . Comments: None X UTILITIES Comments: None X 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 PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. It is recommended that this request be denied. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Property shall not be built in excess of 20 units. X MWR/dim J:\SHRDATA\PLANNING[SHARED\WP\PROJECTS\ORCHARD LANDING~ZNCV 98-011\COND. OF APPR-ZNCV. DOC November 4th, 1998 ~od evening! Tonight I want to discuss this city's leash law. I am here because of two situations I have seen because dog owners let their dogs run loose. 1. I am a real estate broker. Recently I showed a home near Gateway and the East side of 1.95 when I noticed two big dogs walking freely around that area. They did not harm me nor my prospects; however, their presence made me quite concerned for our safety. And, my prospects didn't want to live in an area where dogs run loose. 2. Neighbors around the Seacrest Scrub recently told me that they have seen dogs going into the Scrub and also digging into the gopher turtle holes. They also said they heard dog barks and racoon screams. So, last Saturday I walked the Seacrest Scrub to look for the dogs when I .found two,dead racoons: one on the North side and one on the South side. As I was leaving a mother and her daughter started walking thru the scrub. I just hoped they wouldn't come across the dead racoons nor the dogs. The next day several neighbors told me they heard dogs chasing racoons · _~nd the cries as they killed the racoons. The time was about 5 A.M. I don't blame the animals for this problem; I blame the dog owners and they should be fined. My suggestion is for the city to explain to its citizens in the "Visions, Views, and City News" which the city publishes monthly about the city's leash law and its fine if their dog is caught. The city should also explain that if someone takes a picture of the owner's dog running loose and the city can prove that the dog belongs to that owner, the city will fine them. The city should also explain the legal problems for a dog owner if it bites or kills another animal or person. If the City Commissioners will take action on this issue the following items can be accomplished: 1. This will help the animal control have fewer loose dogs to catch. 2. Pet owners may take pet ownership more seriously. 3. This may also encourage pet owners to neuter and spay their pets. 'hank you for considering this idea. Mary L. Law, 625 S. Federal Highway, Boynton Beach, FL 33435 Phone No. (561) 737-6900