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Minutes 09-03-98MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 Mr. Rothchild requested that the record reflect the fact that a court reporter was present this evening. II. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date MayorTaylor Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4 I Titcomb* Code Compliance Board Alt 1 yr term to 9 III ]askiewicz Code Compliance Board Reg 3 yr term to 9 IV Tillman Code Compliance Board Reg 3 yr term to 9 MayorTaylor Code Compliance Board Reg 3 yr term to 9 I Titcomb Code Compliance Board Alt 1 yr term to 9 I Titcomb Education Advisory Board Stu I yr term to 4 I Titcomb Cemetery Board Alt 1 yr term to 4 f99 TABLED-2 f98 TABLED-3 ~01 ~01 t01 ~99 '99 TABLED-2 '99 Vice Mayor ]askiewicz appointed Rick Rossi as a regular member of the Code Compliance Board. Mayor Pro Tern -fillman appointed Bob Foot as a regular member of the Code Compliance Board. Mayor Taylor appointed Patti Hammer as a regular member of the Code Compliance Board. Motion Vice Mayor ]askiewicz moved to approve the appointments and table all remaining appointments, Mayor Pro Tem Tillman seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: T.N.T. Concert- Friday, September 25, 1998, 6:00 p.m. to 9:00 p.m. in Veteran's Park- "Steel Explosion" (Reggae) Mayor Taylor announced that the T.N.T. Concerts were moved from Oceanfront Park because of the anticipated closure of the bridge at the end of this year. Many of the citizens complained about the move and requested that the concerts return to the beach. Additional special events will be planned for the downtown area similar to the street parties that were held in the past. There was a consensus of the Commission to hold all future T.N.T. Concerts at Oceanfront Park including the concert on Friday, September 25, 1998. MEETING MTNUTES REGULAR CI'TY COMM]:SSTON BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 B. Presentations: 1. Proclamations: a. "Firefighter Appreciation Week" - August 31 - September 7, 1998 Mayor Taylor read a Proclamation declaring August 31 through September 7, 1998 as "Firefighter Appreciation Week'; and presented it to Fire Chief Bingham. b. "Reverend John F. White Day"- September 13, 1998 Mayor Taylor read a Proclamation declaring September 13th as "Reverend John F. White Day'; and presented it to Eddie Mitchell. Presentation of Certificates of Accomplishment to Boynton Beach Track Team Mayor Taylor and Wally Majors, Athletic Supervisor, presented Certificates of Appreciation to the following members of the Boynton Beach Track Team: Marcus Dukes, Edgar Martin, Michael Dowdell, Jules Noel, Neville Guthrie, Ed Harris, Brandon Wilson, Prentice Quincy, Ronald Williams, Levi Payne, Najee Follins and LaCheryl Smith. This program involved more than 250 children and 50 volunteers. Registration for this program is free. Mayor Taylor pointed out that it takes a great deal of discipline to be the best and the awards indicate that discipline. He urged the recipients to continue on this path through their lives. He commended them for bringing honor and recognition to themselves and the City of Boynton Beach. ]:V. CONSENT AGENDA: A. Minutes: City Commission Workshop Meeting with Chamber of Commerce on August 10, 1998 Regular City Commission Meeting of August 18, 1998 Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Award "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES" to various vendors per staff's recommendation with an estimated annual expenditure of $176,000 Award bid for "MOBILE REFUSE CONTAINERS"to Schaefer Systems International, Inc., with an estimated expenditure of $800,000 F,1EETZNG t4TNUTES REGULAR CI'TY COPlI~ITSSI'ON BOYNTON BEACH~ FLORTDA SEPTEMBER 3~ 1998 C. Resolutions: Proposed Resolution No. R98-139 Re: for municipal cemetery lots and services Approving amended prices Proposed Resolution No. R98-140 Re: Approving amendment to Paragraph 15 of the Boynton Beach Municipal Cemeteries Rules & Regulations to change the refund of a mausoleum crypt or niche from 80% to 50% of the original purchase price Proposed Resolution No. R98-141 Re: Authorizing a Public Funds Repurchase Agreement with NationsBank Proposed Resolution No. R98-142 Re: 149 providing for and approving an Boynton Beach Municipal Golf Course Amending Resolution R94- adjusted fee schedule for the Proposed Resolution No. R98-143 Re: agreement between City of Boynton Affordable Housing Rescinding water service Beach and Ravenswood/Florida Proposed Resolution No. R98-144 Re: Approving .loint Project Participation Funding Agreement with Palm Beach County in the construction of Congress Avenue from Miner Road to Hypoluxo Road Proposed Resolution No. R98-145 Re: Authorizing the abandonment of a 20.18 foot wide alleyway (Lakeside Addition) lying westerly of and adjacent to Lots 12, 13, 14, 15 and 16, Block i of the Lake Addition Subdivision 8. Proposed Resolution No. R98-147 Re: Klm, Sanitation Superintendent Appointment contract for Al D. Ratification of Planning & Development Board Action: Stor-AII (Scott A. Nickle) - North of Boynton Beach Boulevard, west of T- 95 on Tndustrial Way - Request site plan approval to construct an 84,830 square foot self-service storage facility on a 4.353 acre parcel of land Ttem D.1 was tabled at Attorney Cheroffs request. E. Approval of Bills Approve Change Order #4 to .1MW Construction for Ezell Hester Park, Phase ITT in the amount of $12,230 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 Item F was removed from the Consent Agenda at Mayor Taylor's request. Authorize the granting of a Special Events Permit for an exterior recreational vehicle show and sale to be conducted by RV World of Nokomis, Florida at the Boynton Beach Mall from October 22 - 25, 1998 Authorizing reimbursement of $5,000 to Easy Pay 'l~re Stores, Inc. due to their successful completion of the store's fa~;ade improvements Approve Code Compliance Board action to reduce the lien in Case #97-3346 from $5,300 plus administrative costs to $1,000 plus administrative costs for a total of $1,730.15 for Next Boynton Development Item "I" was removed from the Consent Agenda for discussion at Commissioner Denahan's request. Approve Code Compliance Board action to reduce the lien in Case #97-3347 from $5,300 plus administrative costs to $730.15 for Next Boynton Development Item "3" was removed from the Consent Agenda for discussion at Commissioner Denahan's request. Approve Code Compliance Board action to reduce the lien in Case #97-3379 from $5,300 plus administrative costs to $730.15 for Next Boynton Development Item "K" was removed from the Consent Agenda for discussion at the request of Mayor Taylor. Approve staff plan to fast track renovation of Lucille & Otley's restaurant in two phases with initial allocation of $334,371 from fund balance to complete Phase I renovation by January, 1999 Item "L" was removed from the Consent Agenda for discussion at Commissioner Denahan's request. Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items D.1, F, I, .1, K and L. Mayor Pro Tem Tillman seconded the motion that carried unanimously. CONSENT AGENDA TTEPlS FOR DTSCUSSTON: Approve Change Order #4 to JMW Construct/on for £zell Hester Park~ Phase IZI in the amount of $12~230 Mayor Taylor noted that after design and installation, it was determined that the wiring was inadequate for the amperage needed to light the park. He felt this contractor should have MEE'i'ZNG MZNUTES REGULAR cz'rY COMMI'SSZON BOYNTON BEACH~ FLORZDA SEPTEMBER 3, 1998 known the amperage that was needed and we should not be paying this additional sum to complete the job properly. Bill DeBeck, Facilities Manager, advised that the engineer was Lawson, Noble. This was their last project and they no longer work for the City. There were four other change orders involving electrical problems. The company had a very poor engineer on their staff. Charlie Fredericks generated part of this change order. When the successful contractor submitted the proposal, the City was not happy with the quality of the fixture or the lighting patterns distributed by the photometrics. Tt was suggested that the lighting levels be increased. Therefore, some of the increase was done at the City's request to increase the lighting. This change order covers the cost of adding additional conduit and wiring. Mayor Taylor suggested that we be cognizant of the work contractors have provided before we hire them for future jobs. Tn response to Commissioner Denahan, Mr. DeBeck advised that the increased lighting would not interfere with the wild life in the area. When Vice Mayor Jaskiewicz questioned whether or not it would be possible to seek reimbursement from the engineering firm, Mr. DeBeck responded negatively because most of the upgrades were driven by the City. Motion Vice IVlayor .laskiewicz moved to approve. Commissioner Titcomb seconded the motion that carried unanimously. Approve Code Comph'ance Board act/on to reduce the lien in Case #97-3346 from $5~300 plus administrative costs to $1.000 plus administrative costs for a total of $l~ 730. ~$ for Next Boynton Development Approve Code Compb'ance Board action to reduce the lien in Case #97-3347 from $5~300 plus administrative costs to $730.~$ for Next Boynton Development K. Approve Code Compb'ance Board action to reduce the lien in Case #9Y-33~9 from $~300 plus administrative costs to $~30.~$ for Next Boynton Development Commissioner Denahan reminded the Commissioners that at a recent Commission meeting, the City Commission refused to release a lien for an absentee landlord. However, Ttems "T'; ".1" and "K" propose reducing the lien in cases involving a major developer to prevent them from going into bankruptcy. She asked for clarification. MEETTNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH~ FLORZDA SEPTEMBER 3, 1998 Scott Blasie, Code Compliance Administrator, announced that Keith O'Brien, owner of Next Boynton Development, was present in the audience. The developer was attempting to work through this problem and turn the property over to new owners when his father passed away. This caused a delay. He is now in the process of clearing up paperwork with the Development Department. Therefore, Mr. O'Brien requested that these items be tabled until September 15th. Mr. Blasie reported that rvlr. O'Brien has been waiting for the surety to be released. He learned that the surety can be released; however, Utilities is requesting a maintenance bond because there are undeveloped lots on the parcel. Once he posts the maintenance bond, Mr. O'Brien will receive the surety and he will be able to turn over the property to the new purchaser. Motion Commissioner Titcomb moved to table Items I, ] and K. Mayor Pro Tem Tillman seconded the motion that carried unanimously. Approve staff plan to fast track renovation of Zucille & Otley's restaurant in two phases with initial allocation of $334.3Yl from fund balance to complete Phase I renovation by ]anuary. ~999 Melody Green, Recreation Superintendent, reported that a project planning team was organized for the senior center that includes members of the community, Recreation & Parks Board, Betty Thomas, Betty Collins and other Senior Advisory Board members. This proposal will completely fund the Phase ! renovations from the current fund balance. The facility will be operational by February of 1999. These renovations include interior remodeling and exterior painting. In response to Commissioner -~tcomb, Ms. Green advised that this project would be completed with renovation funds - not purchase funds. The City would like to invite community members to participate in fund raising activities and grant applications to offset the cost of Phase II. Phase II would include the renovation of the catering kitchen part of Lucille & Otley's. Maurice Rosenstock, One Villa Lane, asked for clarification of the remodeling projects that will cost $334,371. Ms. Green advised that the Phase T projected cost of remodeling is $182,485, Staffing, equipment, supplies, utilities and a 5% contingency added to that figure totals $332,371. Commissioner Titcomb questioned whether there would be any conflict with the completion of the school project since the same contractor is being used. Ms. Green advised that the school project contractor has submitted an estimate. However, staff has requested using Gee & .lensen for preparation of the drawings for the senior center. This would allow us to prepare the specifications for bid. MEET]~NG MZNUTES REGULAR CZTY COMMZSS]:ON BOYNTON BEACH, FLOR]~DA SEPTEMBER 3, 1998 Mayor Taylor noted that the purchase of the property plus the cost of renovations would be less costly than building a new senior center in the future. Betty Collins, Chairwoman of the Senior Advisory Board, said she has received telephone calls from people in and around the City asking to volunteer for fund raising. She is looking forward to the opening of this center as soon as possible. Motion Commissioner Titcomb moved to approve. Commissioner Denahan seconded the motion that carried unanimously. Mayor Taylor announced that he received a request to move up Ttem XI-C.1, Proposed Resolution No. R98-148 - Amendment to the marina development, Motion Mayor Pro Tem Tillman moved to reorganize the agenda to move up Ttem XT-C.1. Vice Mayor ,laskiewicz seconded the motion that carried unanimously. X£C. Resolutions; Proposed Resolution No. R98-148 Re: Authorizing and directing the Mayor and City Clerk to execute a Erst amendment to the Development Agreement between the City o£ Boynton Beach and Ocean Breeze Festival Park~ Inc.~ relating to the development of 6.93 acres of property commonly known referred to as the Marina Project Attorney Cherof reported that the amendment explained that the project would now be developed in two phases rather than one phase. Phase T is the eastern portion of Casa Loma Boulevard beginning at the Tntracoastal and working back to the west. It incorporates a restaurant, goes to 6th Street and back to Casa Loma Boulevard and the Tntracoastal Waterway. The developer has submitted for permits and they are ready for pickup. Under Phase TI, the agreement provides that the boat storage facility will not be constructed at any point, and that the amended site plan would be submitted for this phase within 18 months. This site plan will also provide a configuration for parking. The agreement provides that the area where Phase TT is located will be prepared and maintained as a temporary parking surface for the benefit of all people and businesses in the area without restriction. This area will include safety lighting and traffic control devices. The agreement also provides that the water and sewer infrastructure will be prepared for the entire parcel in conjunction with Phase T. The temporary parking area construction will commence within 60 days of the date of this amendment. MEETI'NG MTNUTES REGULAR C]:TY COMMTSS:[ON BOYNTON BEACH~ FLORZDA SEPTEMBER 3, 1998 There is agreement for the City and the developer to meet to discuss a number of other issues regarding the configuration of Phase II. There is a significant change on Page 4, Paragraph 8 that deals with the disbursement of the incentive money. This now provides that one-third of the incentives will be funded when the infrastructure for Phase I is completed. One-third will be provided.upon completion of all of the shells for Phase I and one-third upon issuance of the Certificate of Occupancy for the two restaurants and shells of the balance of Phase I together with the submission of the site plan for Phase II. The developer is entitled to disbursement of the incentives under two scenarios: If he does not post a bond, he will get 75% of the incentives upon the issuance of the Certificate of Occupancy for the two restaurants and the issuance of the Certificates of Occupancy for the shells only for the balance of the structures in Phase I. The remaining 25% is disbursed when they have filed and there is preliminary review of a site plan for Phase II of the project. If the developer bonds off the value of the improvements, he is entitled to 100% of the incentives at the time the bond is posted. The bond is held until the project is completed. We have added a provision at the request of the developer's lenders. The original agreement provided that the contract was not assignable other than to an entity in which Mr. Garcia was a principal. This is unacceptable to the lenders. Language in Paragraph 10 now provides that in the event of default or foreclosure of the property, the City agrees that the lender can assume the obligations of the development and enjoy the same benefits of development so that the project can be completed. Provision 11 has been added providing that the deadlines set forth in the amendment for the construction of the temporary lot and submission of site plan can be extended, but only for catastrophic types of occurrences such as a hurricane, flood, tornado or extensive inclement weather. One additional provision will be added to the agreement. Attorney Cherof directed the Commissioners to Paragraph 2 of Page 2, and advised that he should have added the clause that indicates that although the property is being developed in two phases, that the City will not initiate rezoning of the project during the term of the agreement. The purpose for this is the developer's concern that if he does not build Phase TT at this time, he might lose the zoning' on the property. The developer wants to preserve the right for development purposes. Attorney Cherof reminded the Commissioners that after several months of negotiations, these amendments are recommended for approval. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 Commissioner Titcomb confirmed with Attorney Cherof that the construction of the temporary parking lot in Phase TT would be at the expense of the developer and not the City. Motion Commissioner Titcomb moved approval of the amendments. Vice Mayor .laskiewicz seconded the motion that carried unanimously. Attorney Cherof advised that there was one related collateral issue with respect to the Two Georges Restaurant. The restaurant filed an administrative appeal to the permits that were issued for the project. The City received a cover letter and stipulation for dismissal of that administrative challenge to the permits. The stipulation will clear the way for the permits to be issued and work to begin on the project. Marry Perry, representing the owners of Two Georges property and business, said that as an affected party, he was faced with a jurisdictional requirement of having to respond to the permit within 14 days of its issuance or waive their rights and objections to the permit. Mr. Perry has been representing the entities and put the City on notice in April of their concerns relative to the potential impact of the proposed improvements on drainage and access. Unable to resolve the concerns, when the permit was issued, he requested an extension by way of stipulation to allow his clients additional time to resolve the issue. Failing that, they filed a petition for administrative review in order to preserve and protect their rights. There have been extensive negotiations over the past two weeks among his clients, the City and the developer of the marina project. There are still unresolved issues. However, in the spirit of cooperation, his clients have agreed to enter into a stipulation to dismiss the petition for administrative review based upon the following: The implementation of two agreed-upon changes to the drainage system that would allow their properb/ to drain. Previously, Two Georges drained into Casa Loma Boulevard. There is a retaining wall proposed for construction at the present curb line adjacent to the Two Georges' property. This would cause the property to pond on the Two Georges' side of the retaining wall. The proposed modifications to the permit are to install a new inlet on the Two Georges' side of the wall that will allow the property to drain into an existing outfall pipe. The developer will modify the permit further by reaching agreement on a new location for another outfall pipe further west. This would eliminate possible destruction or damage to two of the Two Georges' buildings. There must be agreement by all parties that Two Georges is not waiving any rights. Unless an understanding is reached as to further modification of the site plan, they will be damaged by denial of reasonable access to the property. This was delineated in the transmittal letter to Attorney Cherof on September 3, 1998. Mr. Perry requested that the letter be made part of the record of the meeting. 10 MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOR/DA SEPTEMBER 3, 1998 Mr. Perry said he was present in the spirit of cooperation. He received verbal assurances from the Mayor and City Manager that the City would work with him to attempt to resolve these issues. In an effort to assist the City in proceeding further, they have agreed to let the permit go forward with the modifications mentioned with the understanding that the Two Georges' owners are preserving their rights in case they cannot resolve the issues in the future. They are relying on the City to proceed in good faith. Attorney Cherof advised that since the City was not yet a party to the matter pending before the Division of Administrative Hearings, he requested authorization to appear on the City's behalf to work out and execute the Stipulation for Dismissal. Motion Vice Mayor ]askiewicz moved to permit Mr. Cherof to represent us at that particular meeting. Commissioner 'l'itcomb seconded the motion that carried unanimously. Attorney Cherof reported that the Commission was able to approve this matter because the Development Director made a determination that the amendments were minor in nature. When Phase TI comes in, those changes may trigger a major modification of the site plan. At that point, there would be a public hearing and the site plan would be reviewed. Mayor Taylor said the marina project is a tremendous catalyst the City has banked on to revitalize our downtowni However, the Commission understands the responsibility to all businesses. He is confident terms can be reached since this issue will be dealt with in a business-like manner. He understands why the protest was flied and appreciates the owners of Two Georges working in cooperation to move this project forward. The City will do everything possible to work with this business in the hopes of seeing it succeed. He complimented both sides for their efforts in this matter. V. CI'TY MANAGER'S REPORT: Approve staff and community efforts in pursuit of All America City 2001 Award for the City of Boynton Beach Melody Green, Recreation Superintendent, was asked to lead a team made up of a diverse group of community members and City staff. The team will consist of members who are enthusiastic, energetic, and dedicated to seeing the project through to completion. Regardless of the final outcome, the process will create a memorable and beneficial reward for our community. The criteria includes: Participation of public, private and non-profit sectors and key constituencies; Recognition and involvement of diverse segments and perspectives in community decision making; Creative use and leveraging of community resources; Significant and specific community achievements; 11 HEE1/NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 6. 7. 8. Projects that address the community's most important needs; Cooperation across jurisdictional boundaries; Clear demonstration of project results and impacts; and Projects that have impacted the community significantly have potential to improve the quality of life for our City. Ms. Green requested Commission support to pursue the All America City Award for the year 2001 and encouraged everyone interested to contact the Leisure Services Office at 375-6224 to become a member of the team. Vice Mayor Jaskiewicz is very supportive of this project and believes we will ultimately capture this award. Mayor Taylor commended staff for taking on this goal: This is a project that involves the entire community. He urged staff to advertise this project in the City's newsletter. B. Welcome Town Manager of Ocean Ridge City Manager Willis welcomed Greg Dunham as the new Town Manager of Ocean Ridge. She and Mr. Dunham will meet next week to discuss some of our pending matters. We have staked our entire property adjacent to the Town Hall in the Town of Ocean Ridge. City Manager Willis and Mr. Dunham will walk that property and discuss that issue. C. Meeting at the Port of Palm Beach regarding Foreign Trade Zone City Manager Willis and City Attorney Cherof went to the Port of Palm Beach to discuss the status of our Foreign Trade Zone application. That application has been filed for more than 18 months with the Department of Commerce in Washington, D.C. She and Attorney Cherof learned today that last October the applications were divided. Some of them were approved and others were held for resubmittal. Our application was one of those held for resubmittal. It will take another six to ten months to proceed. Being dissatisfied with that response, we will explore our options to split out of the joint application and proceed in an expedited manner. This may cost between $8,000 and $10,000. An update will be provided in the near future. Vi'. PUBLIC AUDIENCE: Maurice Rosenstock, One Villa Lane, is a member of the Planning & Development Board, He advised that at the first meeting of the board in August, all of the members unanimously agreed with a statement he made relative to the Oil Change and auto facilities on the southeast corner of Congress Avenue and Woolbright Road. The original plans submitted had tremendous bays facing Congress Avenue. This is in direct violation of the City's Code that does not permit bay doors to face any public or private street. During that meeting, the developer was convinced to turn the building so that all bay doors would face south, and the closeness of the buildings would cover the bay doors. When the third building on the south side of the project was built, it would cover most of the main bay doors. 12 I4EETTNG I~ITNUTES REGULAR CTI'Y COHF,I?SS'rON BOYNTON BEACH~ FLORZDA SEPTEMBER 3, 1998 The board members urged the Planning Department to make sure the plans were followed showing three buildings. The first two buildings on the north side were to be close enough together so that an arch would connect them and no bay doors would be visible from the north or south on Congress Avenue, or east or west on Woolbright Road. As the project developed, the board members called to the attention of Mr. Kastarlak and the Planning & Zoning Division that something was wrong with the project because only two of the buildings were being constructed. They were not constructing the building on the south side of the project. There was never a statement or presentation indicating the project would be a phased development. After investigating, the board members learned that the developer intended to phase the project because he did not have tenants to occupy the third building. The board members are dismayed that the City has allowed this project to be built, and issued the permits, without any notification to the Commission or Planning & Development Board, that the plans were changed. Mr. Rosenstock referred to a form that developers must sign and quoted from the first paragraph as follows: "...and any change in any items submitted shall be deemed material and substantial." Mr. Rosenstock questioned whether or not the City has a surety bond for this project. Mr. Rosenstock said he is aware of a residential community of 3,000 people who wanted to build a temporary parking lot. One of the stumbling blocks was the need for a $2,500 bond to ensure that the land would be returned to its previous condition. He couldn't understand how the City could allow a multi-million dollar project to be built without a surety bond to guarantee that the project would be built as specified. This situation was brought to the attention of the Planning & Zoning Division and the City Commission on more than one occasion. When no response was forthcoming, Mr. Rosenstock personally spoke with several of the Commissioners. He stated that as of 5:00 p.m. on September 3fa, he still had no answer. When one Commissioner called him during the day to ask about the project, he advised that he still had no answer. Approximately 30 minutes later, he received a phone call from the City Manager. Mr. Rosenstock feels that if the Commission does not want the Planning & Development Board's advice with respect to setting policy, he recommended that the Commission assume the responsibilities of the board. He feels the members spend a great deal of their time on these issues and never received the courtesy of a response. He recommended that our Code be changed if it allows a developer to phase a project without notifying the City in advance. Mr. Rosenstock feels the Planning & Development Board deserves responsiveness to a reasonable request. City Manager Willis said she immediately e-mailed the department on Wednesday morning following the Planning & Development Board meeting, and spoke with Messrs. Rosenstock and Rumpf by phone. City Manager Willis issued a directive that this issue was to be investigated and outlined in a report. The report was being finalized this afternoon when she followed up a second time with Mr. Rosenstock by phone. There are two very simple answers to the questions asked by Mr. Rosenstock, and those answers were given to him at the board meeting. MEE'~NG F,1TNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORZDA SEPTEHBER 3, 1998 However, Mr. Rosenstock did not appreciate those answers. City Manager Willis agreed that the loophole needs to be addressed by a Code revision, and that will be done. She said staff is not unresponsive to our citizens. She pointed out that staff needs a few days to check all facts. Mr. Rosenstock took issue with City Manager Willis' statements. Mayor Taylor advised that he was present at the Planning & Development meeting and understood that the board was unhappy with what had taken place with this project. When he left the meeting that evening, he e-mailed the concerns to the City Manager. He explained that although this was a big concern, there have been at least another dozen concerns that are equal or more important than this matter. Staff needs time to investigate before responding. Mayor Taylor recalled that an arch was supposed to connect two of the buildings. After driving past the project, he realizes that the buildings are so far apart that they cannot be connected by an archway. Mr. Rosenstock felt the board members should have received correspondence notifying them that a full report would be provided at the next board meeting. He feels that would have been responsiveness. Mr. Rosenstock further stated that there are 27 gas stations in the City of Boynton Beach. He feels it is time to promulgate an Ordinance creating a moratorium on gas stations and auto repair shops in the City of Boynton Beach, or at least on the Congress Avenue corridor. Vice Mayor ,laskiewicz said she would support such an Ordinance if Attorney Cherof deems it legal. She feels this is an excellent idea. At City Manager Willis' request, Mike Rumpf, Acting Director of Planning & Zoning, explained that no phasing was originally approved in the plan, nor was there any comment or condition placed on the project that would require it to be constructed in a unified manner. Therefore, staff construes the project to be approved in its entirety, or to be constructed in a unified manner. There have been no modifications to the plans that were approved by the Commission. To date, the construction is consistent with what was approved with the exception of minor administrative changes. The configuration, location and site layout of the buildings were approved. Confusion lies in the fact that a portion of the project was permitted. The entire project was not permitted in a unified manner. There is no City policy or regulation that requires the Building Department to only issue a single permit or numerous permits at one point in time on a particular project. Certificates of Occupancy are not issued until all improvements are in place. Tn the past, the City has issued temporary COs to allow a portion of projects to move forward while the remainder of the project is being constructed. This is presently the case with the project on Congress Avenue at Woolbright Road. Mr. Rumpf said he is familiar with the condition that was placed on the project related to archways. That condition was placed on the project when the buildings were in the original location. When the buildings were moved around to orient the bay doors to the south, the developer requested that the archways be removed. The Commission approved that request and omitted the comment. 14 MEET?NG MINUTES REGULAR CTTY COMHTSSZON BOYNTON BEACH~ FLOR?DA SEPTEMBER 3~ 1998 The fact that a portion of the project has been partially permitted does not indicate approval of a phased project. However, the applicant has now requested that the City approve phasing of the remainder of the project. They also submitted the plans for the retail portion of the project. Once the retail building is put in place, it will better block the view of the service bay doors. Mr. Rosenstock expressed concern about approvals that are "subject to staff comments". He pointed out that the Planning & Development Board does not know how the staff comments are resolved. The board is never notified about changes that were made. Tn most cases, there is no problem. He believes that issuing a partial Certificate of Occupancy is not sufficient. The developers should post a surety bond to guarantee that a project will be built as proposed. Tn addition, no COs should be issued until the construction begins on the remainder of the project. Lee Wische, great deal of buildings, the modification. without going 1302 SW 18th Street, is Chairman of the Planning & Development Board. A time and energy was spent on this project. When the developer moved the plans did not go back before the board for a determination. This was a major He questioned how this project could have been approved with these changes back before the board. Mayor Taylor recalled that the Planning & Development Board was concerned that the bay doors not face the roadways. He was of the opinion that the board relied on staff to work out the issue with the developer to turn the buildings. Mr. Rumpf explained that the site plan and master plan reflecting the new locations came before the Commission. That same site plan showing the new locations of the buildings went before the Planning & Development Board in August. Staff was confused by the fact that the Planning & Development Board's review of the site plan took place mid-way between first and second readings of the master plan Ordinances. Tt was done in this manner because the applicant wanted the master plan and site plan to go before the Commission simultaneously. Mayor Taylor stated that he would support requesting a surety bond guaranteeing completion of the project. He pointed out, however, that the City issues temporary COs to assist developers. Tf we had not issued a temporary CO, Winn-Dixie (Federal Highway) would not have been able to open because landscaping and the Walgreens store were not completed. City Manager Willis recommended bringing up this item at the next Planning & Development Board meeting with recommendations. Vice Mayor .laskiewicz expressed concern about the one store (Video Avenue) that has not been completed in the Boynton Commons shopping center. She requested a status report on this issue. Commissioner Titcomb said he was present at the Planning & Development Board and heard specific charges about buildings being moved. A full and thorough report was promised for the Commission. Commissioner Titcomb expected meeting minutes and historical drawings as part 15 MEETZNG MTNUTES REGULAR CZTY COMMzSSTON BOYNTON BEACH, FLORZDA SEPTEMBER 3~ 1998 of the back-up material. Commissioner Titcomb would like a full presentation of this issue with back-up material. Mayor Taylor agreed. Mr. Rumpf advised that the permit for the retail building is ready for pickup. Mr. Rumpf conveyed the message that construction on this building must commence very quickly if the developer expects approval of a Certificate of Occupancy or phasing. Sunny Garcia, Vice President, Rolling Green Neighborhood Association, requested that the City partially fund a scoreboard for Hester Park. Mr. Wildner advised that he spoke with Bill Tome about this issue. P.A.L. requested permission to negotiate with Coke and Pepsi to try to get a more elaborate scoreboard than currently exists. However, they do not sell sufficient product to justify Pepsi donating a scoreboard. Mayor Taylor told Mr. Garcia that $500,000 would be available in next year's budget for neighborhood needs. He recommended that Mr. Garcia contact the area Commissioner to see if this would be a priority on the Commissioner's agenda. Mr. Wildner said during the last discussions with Coke, they indicated a willingness to donate funding for the board as long as the City installs it. Therefore, we will proceed with those plans. There are contractual arrangements tied into this in terms of product for the concession. Ginny Foot, the Art of Framing, and representinq the Chamber of Commerce, offered participation on behalf of the Chamber of Commerce in the progress that is being made in the City of Boynton Beach. She requested the Commission's support of proper signage downtown when the construction commences, and expressed appreciation for the quarterly workshops with the Chamber. Mayor Taylor requested that the Chamber offer input on special events for the downtown once the bridge is closed. Tony Lombardi, resident of the City and City employee, thanked the City Manager for the opportunity to take part in the Architecture for Excellence. Mr. Lombardi has observed motivation in the Utilities Department as a result of this training. However, he is concerned about a few articles in the PPM and submitted a petition with signatures of employees with the same concerns. Hr. Lombardi feels the PPM is a workable document and he is not opposed to it. However, he is uncomfortable with certain provisions and requested that this Ordinance be tabled until these issues can be worked out. Mayor Taylor assured Mr. Lombardi that the Commissioners are aware of the concerns expressed at the Labor Management Meetings. He has discussed his concerns with the City Manager. He pointed out that staff has been working on this for more than a year and many concerns have been addressed. There are always concerns when a new policy direction takes place. Therefore, there must be a deadline as to when the policy will take effect. This policy manual can always be amended and we will work to address concerns. 16 MEETING MTNUTES REGULAR CITY COMMISSTON BOYNTON BEACH~ FLORTDA SEPTEMBER 3, 1998 Motion Commissioner Titcomb moved to approve this request. Vice Mayor .laskiewicz seconded the motion that carried unanimously. B. Project: Agent: Location: Description: Fidelity Federal Lindsey Walker Kilday and Associates, Inc. 2505 Woolbright Road Request to allow a 5' variance from the required setback of 10' for a monument sign Kieran Kilday explained that there is currently a building on the site that will be demolished. The variance is needed for a "right-turn in only" on Congress Avenue. The "turn out" has been moved as far north as possible. This is a County road and the developer meets the standards and received approval for this location from Palm Beach County. The Planning & Development Board unanimously approved this request. Staff had no additional comments. THERE WAS NO ONE PRESENT IN THE AUDTENCE WHO WTSHED TO ADDRESS THZS APPUCAT~ON. Mayor Taylor asked for Mr. Kilday's opinion about people stopping or slowing down on Congress Avenue to turn into this facility. Mr. Kilday said based on the volume of turns going into the facility, there is no requirement for a turn lane. According to the engineering standards, there should not be a problem. Motion Commissioner Titcomb moved approval. Commissioner Denahan seconded the motion that carried unanimously. VIII. BIDS: None DEVELOPMENT PLANS: None X. NEW BUSINESS: ]8 MEETING MINUTES REGULAR CITY COMMISSTON BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 1998 Mr. Lombardi said he is one of the people who would be hardest affected by the PPM because we no longer have Civil Service and he is not a contract employee. There are not enough representatives from this class of employees on the Labor Management Committee. Mike Osborne, Maintenance Mechanic III, participated in the Labor Management meetings. He is a union steward. He objected to the article in the PPM that mandates a employee who accepts a promotion to move out of Civil Service and into the PPM. He believes the employees are being railroaded into this policy. The employees want a choice of staying with Civil Service or going with the PPM. When Mayor Taylor said the PPM would not apply to Mr. Osborne because he is a union member, he disagreed and explained that if he were promoted to supervision, he would have to accept the PPM. Attorney Cherof advised that a supervisors union is in the formation process. Vice Mayor .laskiewicz feels the PPM is more beneficial to the employees than Civil Service. She referred to the bonus for longevity that is not available under Civil Service. Bob Brown recommended that the City Commission consider purchasing the vacant property on the west side of the street near Lucille & Otley's for use as a parking lot. WITH NO ONE ELSE WISHING TO SPEAK AT PUBLIC AUDIENCE, MAYOR TAYLOR DECLARED A BRIEF RECESS AT 8:55 P.M. THE MEETING RECONVENED AT 9:05 P.M. VII. PUBLIC HEARING: Attorney Cherof administered the oath to everyone testifying during the quasi-judicial proceedings. Project: Agent: Description: Banyan Cove - parking requirements ]an C. Hansen Request for a variance to reduce the parking space requirement to 1.95 spaces per dwelling unit from 2 spaces per dwelling unit, an actual difference of nine spaces (367 spaces from 376 spaces). Chuck Yannette, 900 South US #1, 3upiter, reminded the Commissioners that when this issue came before the Commission in June, there were concerns about a building near the Intracoastal Waterway. The intent of this variance is to show the building shifted 18' west. Nine parking spaces will be lost. Staff had no additional comments. THERE WAS NO ONE PRESENT IN THE AUDIENCE WHO WISHED TO ADDRESS THIS APPLICATION. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 TH~ C.O'Y COMM.~$$.~ON R£C£$$£D AND CONV~N~=D AS TH~ CRA. Attorney Cherof explained that there is a requirement under the Statute that as a condition of adoption of the Ordinance regarding the expanded boundaries of the CRA that the CRA meet and make a recommendation to the City Commission. Motion Commissioner 'ritcomb moved to recommend to the City Commission the adoption of the expanded CRA area as presented in the Ordinance. Mayor Pro Tem Tillman seconded the motion that carried unanimously. CRA AD. YOURN~=O AND TH£ C.O'Y COMM.~$$.~ON M£EF~NG R~CONV£N£D. LEGAL: A. XI. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-32 Re: Allowing telecommunication towers on lands designated for recreation use within a PID. Attorney Cherof read Proposed Ordinance No. 098-32 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor ]askiewicz moved to approve Proposed Ordinance No. 098-32. Tillman seconded the motion. THERE WAS NO ONE PRESENT WHO Mayor Pro Tem Commissioner 'ntcomb questioned whether there is any federal action on telecommunications towers. Attorney Cherof advised that this issue is still pending. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-33 Re: Approving an amended Community Redevelopment Plan for the City's expanded redevelopment area; finding that the plan conforms to the Community Redevelopment Act of 1969 and providing authority to modify or amend said plan Attorney Cherof read Proposed Ordinance No. 098-33 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 19 MEETZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORTDA SEPTEMBER 3, 1998 Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. O98-33. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 098-34 Re: Approving amendments to the Personnel Policy Manual Attorney Cherof read Proposed Ordinance No. 098-34 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Rick Smith, 15 Valera Drive, reported that Attorney Cherof advised the union during a grievance hearing that they would be negotiating the PPM in the next union contract due in September, 1999. Mr. Smith requested that there be at least one additional meeting of the Labor Management Committee prior to those negotiations. Mike Osborne feels this Ordinance clearly is a back door to forcing the PPM on everyone. It · will affect everyone. He urged the Commissioners not to let the employees down. Motion Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 098-34. Vice Mayor .laskiewicz seconded the motion. Commissioner Titcomb inquired as to whether or not the Labor Management Committee is still meeting with regard to this policy. City Manager Willis felt it would be very productive to have that Committee meet again as a result of the comments made during this meeting. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-35 Re: Authorizing abandonment of certain utility and drainage easements contained within Blocks :[6 and :[8 of, and dedicated to the use of the public, by the Plat of Golfview Harbour, 2nd Section Attorney Cherof read Proposed Ordinance No. 098-35 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 098-35. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 20 MEETZNG MZNUTES REGULAR CITY COMMTSSZON BOYNTON BEACH, FLOR/DA SEPTEMBER 3, 1998 B. Ordinances- 1~t Reading Proposed Ordinance No. 098-36 Re: Amending the Land Development Regulations, Chapter 2 - Zoning, allowing day care as an ancillary function to a church located in R-l-AA zoning Attorney Cherof read Proposed Ordinance No. O98-36 by title only. Motion Mayor Pro Tern Tillman moved to approve Proposed Ordinance No. 098-36. Vice Mayor .laskiewicz seconded the motion. Mayor Taylor referred to Page 2 of the Ordinance that referred to R-:L-A zoning. However, the description of the item on the agenda memorandum refers to R-l-AA. Mr. Rumpf advised that this is within the R-1-A zoning district. :In addition, instead of amending only the R-1-A zoning district, it includes all the single-family zoning districts. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-37 Re: Amending Section 13-20, Special Events, by deleting said section in it entirety and creating a new section 13-20 entitled "Special Events'; providing for definition, application process for special event permits, standards for issuance of permits, conditions for permits, policy and procedures Attorney Cherof read Proposed Ordinance No. 098-37 by title only. Motion Vice IVlayor .~askiewicz moved to approve Proposed Ordinance No. 098-37. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. O98-38 Re: Licensing & inspection of rentals regarding single-family homes Attorney Cherof read Proposed Ordinance No. 098-38 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 098-38. Mayor Pro Tern Tillman seconded the motion. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA SEPTEMBER 3, 1998 Vice Mayor .laskiewicz said she proposed something similar to this more than one year ago, She is very happy that this is now being addressed. She would like stipulations included with regard to the licensing and inspection stating that fines could be incurred. She would also like a booklet included with the license that lists the violations so that we will have enforcement power. City Attorney Cherof confirmed for Mayor Taylor that this could be accomplished by second reading of the Ordinance. City Clerk Sue Kruse polled the vote. The vote was unanimous. .. Proposed Ordinance No. 098-39 Re: Amending Chapter 18, Article V:[, providing for the creation of an Ex Officio, non-voting position on the Board of Trustees of the Municipal Firefighters' Pension Fund Attorney Cherof read Proposed Ordinance No. O98-39 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 098-39. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. C. Resolutions: Proposed Resolution No. R98-148 Re: Authorizing and directing the. Mayor and City Clerk to execute a first amendment to the Development Agreement between the City of Boynton Beach and Ocean Breeze Festival Park, Inc., relating to the development of 6.93 acres of property commonly known referred to as the Marina Project Ttem XT-C.1 was moved up on the agenda folloWing discussion of Consent Agenda items. D. Other: None XII. UNFINISHED BUSINESS: None XIII. OTHER: None 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1998 XIV. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:25 p.m. A'I-I-EST: City Clerk Tapes) 9/14/98 11:00 AM CITY OF BOYNTON BEACH /~~,~issioner Commissioner 23 CHAPTER: 24 LONGEVZTY BENEF[I'S PURPOSE To provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. BENEFI'i' Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5~) anniversary a lump sum payment of $500.00. On the employees tenth (10~) anniversary a lump sum payment of $1,000.00. On the employees fifteenth (15~) anniversary a lump sum payment of $1,500.00. On the employees twentieth (20~) anniversary a lump sum payment of $2,000.00. (An employee who opts into the Personnel Policy Man. ual before October 1, 1998, and who has an 5m, 10m, 15m or 20m anniversary date after March 31, 1998, will incur the lumo sum bonus listed above1. Section 4. That Chapter 30 Effective Date of Polities is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: CHAIrrER: 30 E~-~-~ ~ tVE DATE OF The effective date of this policy will be March 30, 1998. The policies shall be applicable to all employees hired after March 30, 1998, and to all employees hired before March 30, 1998, if that employee files a wdtten election, on or before :'..'nc ~ October 1, 1998, to be covered by these policies and not by CMl Service Rules and Regulations. A permanent employee who timely makes the election to be covered by these policies, will continue to accrue sick and vacation time in the same manner he or she accrues it under Civil Service. A oerrnanent employee who timely makes the election to be covered bv these oolicies will continue to accrue sick and vacation increments at the same rate they DRAFT Revised 6/4/98 B. A Civil Service employee who is promoted al~er 3ulv 7, 1998, shall be subject to the provisions of the PPM as a condition of promotionr notwithstandinq previous status as a civil service employee. An employee may reject a promotion and maintain their civil service status. SECT[ON 3. APPROVAL OF POLICIES: These policies shall be in force and effect when approved by Ordinance of the City Commission and replace existing policies, rules or regulations which are in conflict with these policies. SECT[ON 4. AMENDMENT OF POLICIES: These policies may be amended from time to time by Ordinance of the City Commission, unl o~ sp 'l~n~ this document, ~ SECTZON 5. CODIFICATION: timer reserves the riqht to facilitiate its use. The City Administration~ from time to recodify the Personnel Policy Hanual to Section 2. That Chapter 20 Sick Leave With Pay is hereby amended by adding the Words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: CHAPTER 20 SICK LEAVE Wl'rH PAY Employees serving a probationary pedod on an odginal appointment shall accrue sick leave in accordance with the provisions of this section. In computing sick leave no sick leave increments will accrue for any week,.~-which '";~"~' '~ .... does not work 24 or more hours. In computing sick leave t3ken, all employees shall be charged one hour sick leave for each hour not worked because of illness. Section 3. That Chapter 24 Longevity Benefits is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: DRAFT Revised 6/4/98 were accrued under Civil ServiCe, and u=on terminaUon of em=loyment with the City~, will be paid for unused sick and vacaUon Ume in the same manner as they would have been enUtled to be paid under Civil Service. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon passage. F:[RST READTNG this ~day of , 1998. SECOND~ FZNAL READING AND PASSAGE this day of ,1998. CTrY OF BOYNTON BEACH, FLOI~DA Mayor Vice Mayor Mayor Pro Tem Commissioner City Clerk s:ca\Ord\PPN Amendments Commissioner DRAFT Revised 6/4~98 September 3, 1998 Mayor Gerald Taylor City Commissioners of Boynton Beach City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Agenda item address Dear Mr. Taylor and Commissioners: On behalf of the attached signed names and addresses I am requesting that Item "D ' be removed from the consent agenda and postponed due to insufficient and inadequate notice as a violation of notice provisions of both ..... .case law and statutory law. The intent of this letter is to vehemently object that both the City and property owner have failed their legal responsibility to provide proper notice for this site plan approval. As a consequence, our procedural due process rights are being, violated. As a matter of record, a court reporter is here. Pursuant Section 6, Chapter 4, City of Boynton Beach Land Development Regulations, when a site plan has been scheduled for review, the applicant must post sign or signs on the property posting certain information. As required, we are unaware of the placement of any sign and provide pictures taken on September 2, 1998. Only through our own serendipitous efforts, we discovered yesterday that this meeting was to be held. One day's notice is insufficient time for us to prepare for this hearing. As a consequence, we did not have adequate time to hire professional representation to fully prepare for this hearing and thus, we are prejudiced. It would have been our intent, with adequate notice, to hire attorneys, engineers, and/or architects as necessary. The City has failed to provide adequate notice because the notice provided is deceitful and/or misleading. On the initial agenda, the City notified the public of the wrong property address on the agenda. Accordingly, at the initial public hearing, a private citizen notified the City of their error. However, the second public notice on today's agenda is also incorrect. Thus, the City ~has failed to provide adequate notice. Section 163.221, Florida Statutes (1997), specifically requires the City to 'hold two public hearings for every land development order, one which must be held by the Commission. This site plan approval meets the definition of a land development order pursuant Chapters 163 and 286, Florida Statutes (1997). The City's procedure as adopted on April 15, 1997 is in violation of Florida Statutes and must be amended to conform to statutory requirements. As per public records of the 15t~ Judicial Circuit Court for Palm Beach County, the City has already been noticed that its procedure for site plan approval violates statutory requirements. As such, we demand the City adhere to statutory requirements and revise its procedure for site plan approval. Failure to adhere to the 'statutory requirements is discriminatory to the average citizen. Additionally, we believe that this site plan will have an adverse road impact and contribute to the current drainage problems adjacent to the property of the proposed site plan. This will cause harm to the property owners along Industrial Ave. We also believe this property will generate more than 500 tdps ..... per day and thus, is required to submit a traffic impact study. We were informed that a traffic study has not been submitted. We also believe that there may be inadequate access for this development which may cause serious safety hazards. Had we been" provided proper notice, appropriate research could have been performed. Therefore, we urge you to postpone approval of this site plan, amend the City's Land Development Regulations to conform to FlOrida State statutory requirements, and address our real concerns prior to any site plan approval of this property. We must emphasis that we are not opposed to development of this property, but must be assured that our serious safety issues are addressed prior to any approval. We will gladly meet with City officials in order to discuss our concerns. We hope this matter will not require appellate proceedings which may be costly to both the City and ourselves. Sincerely, Property Owners: Drew Zuccala Chuck Smith Tony Lowe Greg Kozan Melvin Lowe Kirk Kahler Poly Plastic Package Co. Terry lames Don Sparling Michael Mulvey Norman Kahant Anthony Mignano Ray Allen Marcinkoski Ron Whittaker Jim Edward xc:' City Attorney- hand delivered ...... City Manager- hand delivered RW:sm Attachments: 16 photographs Solution Letter from Dale Sugarman dated July 27, 1998 Solutions: Have applicant put in a connecting road at the end of Industrial Ave. This will resolve the problem that trucks may have turning around at the end of Industrial Ave. and should resolve the impact this property places on the traffic. The connecting road should provide adequate access for service and emergency vehicles. The costs for the road improvements should be less than the total impact fees the applicant will be required to pay to get building permits. The amount spent can be credited from the required impact fees. Issuance of the final C.O. will be contingent upon completion of the road. Have applicant put in French drains or other appropriate drainage next to property on Industrial Ave. that will remove excess water that may come from their applicants' property. This will not resolve the total drainage problem on Industrial Ave., but it may resolve the immediate drainage problem adjacent to the proposed site plan. The cost will only be a fraction of the costs required to fix all of Industrial Ave. problems because the drainage can be put in dudng the excavation stages. Issuance of the C.O. will be contingent upon satisfactorily putting in adequate road drainage adjacent to the proposed site. July 27, 1998 Mr. Ron Whittaker Whittaker Truck Maintenance 359 Industrial Avenue Boynton Beach, FL. 33426 RE: Drainage Plan for industrial Avenue Dear Mr. Whittaker: It was a pleasure speaking with you on the telephone this week about the drainage problems that have been plaguing the Industrial Avenue area for many, many years. As I told you, the City has approximately $700,000 in cash available from a bond issue to help with drainage improvements. I also mentioned to you that we were in the process of both designing the necessary improvements and looking at vadous parcels of land which could store the surface retention water once the new collection system is in place. Unfortunately, the preliminary plans for this major improvement (including acquisition of land) show that the project is estimated to cost $1,600,000! As we discussed, the City therefore only has approximately one half the funds necessary to complete such a project. It seems that we will either have to raise the balance either through an increase in the monthly stormwater fees or through a special assessment on the property owners who would benefit from the improvement. That determination is yet to be made. Whenever it is made, it will be done by the Boynton Beach City Commission. I would like to reinforce your idea for the formation of an Industrial Avenue Business Owners Association so that we can work on this project together. We can share information back and forth, and as you know, in numbers there is strength. I'm sure our City Commission and c'~y staff would welcome the opportunity to work with an organized group of property owners from the Industrial Avenue area. As I suggested during our telephone conversation earlier this week, I believe you will find the Greater Boynton Beach Chamber of Commerce to be a very valuable resource in forming a business association. They have helped to do that in a number of areas in our community. Kathy Shabotynskyj is their President/CEO and she can be reached at 732-9501. Please be sure to stay in touch with me on this subject. Once I have a better grasp on the final project numbers, I will be happy to share that with you. Thank you again for Your interest. I look forward to working with you. Very truly yours, THE CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager America's Gateway co the Gulfstream P ORDINANCE 098- AN ORDINANCE Of THE ClTY COMMISSION OF THE C1TY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL POLICY MANUAL OF THE C1TY OF BOYNTON BEACH/ BY AMENDING CHAPTER 1, GENERAL PROVISIONS; CHAPTER 20 SICK LEAVE WITH PAY; CHAPTER 24 LONGEVITY BENEFFFS; CHAPTER 30 EFFECTIVE DATE; PROVIDING FOR CONFLTC'I'S, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on February 2, 1998, the City Commission of the City of Boynton Beach adopted a Personnel Policy Manual for the City of Boynton Beach; and WHEREAS, alter further review and upon recommendation of staff, there appear to be several areas which require clarification and/or amendments in said Policy; and NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COt-lPIISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 01 General Provisions is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: CHAPTER 01 GENERAL PROVISIONS SECT]:ON 1. PURPOSE OF THESE POLICIES: These polides am to be followed by the City in the administration of the City's personnel program. It is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may dedve the benefits and advantages which can be expected to result from a competent staff of aty employees. SECT[ON 2. POSTI"[ONS COVERED BY THESE POLI:CIES: A..,. These policies shall apply to all non-contract employees. These policies apply to union employees only when they are incorporated in the union employees collective bargaining agreement, and have been ratified by the City Commission and the bargaining unit. These policies apply to employees with individual contracts only if incorporated by reference in the employee's contract. DRAFT Revised 6/4~98 TO: FROM: DATE: SUBJECT: Labor Mgmt. Committee City Commission City Employees July 23, 1998 Proposed Ordinance 098- Attached is a petition signed by the employees of the City of Boynton Beach opposing the proposed Ordinance 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Leave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fidelity Federal APPLICANT'S AGENT: Lir~lsey Walter, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, Florida 33401 DATE OF CITY COMMISSION PUBLIC HEARING: September 3, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (street setback) LOCATION OF PROPERTY: 2505 Woolbright Road DRAWING(S): SEE EXHIBIT "B" A'I-rACHED 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, Flodda on the date of headng 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: 1. Application f~r 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 ~lncluded". The Applicant's application for-relief is hereby ~ 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\VVP~ORMS~:)ev' Orders~DEVELOPMENT ORDER REV.doc /0 I DEVELOPMENT ORDER OF THE CITY COMMISSION OF .THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Banyan Cove Apartments APPLICANT'S AGENT: Jan C Hansen APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING BEFORE CITY COMMISSION: September 3, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: East side of US Highway 1, approximately 100 feet north of Seaview Circle 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 "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. All further development on the property shall be made in accordance with the terms and conditions of this order. Other City Clerk J:\SHRDATA~Planning\SHARED\VVFAPROJECTS~-Iamptons at Boy. ton Beach~NVVSP~DEVELOPMENT ORDER - NVVSP.doc EXHIBIT "E" Conditions of Approval Project name: Banyon Cove File number: PKLV 98-009 (parking space requirements) Reference: Parking Lot Variance application submitted August 6, 1998. DEPARTMENTS I 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. None X ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~PLANNING~SHAREDWVP\PROJECTS~Banyan Cove~ZNCV~COND. OF APPROVAL WE THE E~iPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, FI., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L~'ave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Ee~ave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effectiVe'date." ~>Lt ~ t,~do~ WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Egave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Egave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, FI., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L~ave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Egave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel PoliCy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L'gave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." ~//?? WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L~ave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fi., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick Egave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts,, severability, codification and an effective date." WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, Fl., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L~ave with pay; Chapter 24 Longevity Benefits; Chapter 30 effective date; providing for conflicts, severability, codification and an effective date." t ! ,L /( WE THE EMPLOYEES OF THE CITY OF BOYNTON BEACH ARE OPPOSED TO THE ORDINANCE 098- "An Ordinance of City Commission of the City of Boynton Beach, FI., amending the Personnel Policy Manual of the City of Boynton Beach by amending Chapter I, General Provision; Chapter 20 Sick L~'ave with pay; Cha?er 24 !~ongevky Benefits; Chal~ter 30 effective date; providing for conflicts, severability, codification and an effective date."