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Minutes 02-03-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 3, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor; Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney. Sue Kruse, City Clerk 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 Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Commissioner Jaskiewicz led the Pledge of Allegiance to the Flag. (Commissioner Tillman had not yet arrived for the meeting.) D. Agenda Approval: 1. Additions, Deletions, Corrections Jaskiewicz requested the addition of Item ×II.A, "Update on Post Office Commissioner Concerns". Attorney Cherof requested that Consent Agenda Items IV-D.1 and D.2 be moved to IX. Development Plans for discussion and clarification of conditions of approval. 2. Adoption Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Bradley seconded the motion that carried unanimously. Commissioner Tillman arrived at 6:39 p.m. II. ADMINISTRATIVE: A. Appointments to be made: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor* Code Compliance Board Alt 1 yr term to 9/98 TABLED-3 I Titcomb* Code Compliance Board Alt 1 yr term to 9/98 TABLED-3 IV Tillman* Community Relations Board Alt 1 yr term to 4/98 TABLED-3 Mayor Taylor* Community Relations Board Alt 1 yr term to 4/98 TABLED-3 I Titcomb* Community Relations Board Reg 3 yr term to 4/00 TABLED-3 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/99 TABLED-2 IV Tillman Community Relations Board Reg 3 yr term to 4/98 TABLED-2 III Jaskiewicz* Recreation & Parks Board Alt 1 yr term to 4/98 TABLED-3 I Titcomb* S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 TABLED-3 II Bradley S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 TABLED-2 IV Jaskiewicz Adv. Bd. Children & Youth Alt 1 yr term to 4/98 -1 Mayor Taylor* Adv. Bd. Children & Youth Stu/Reg 1 yr term to 4/98 TABLED-3 IV Tillman* Planning & Development Bd. Alt 1 yr term to 4/98 TABLED-3 I Titcomb Bldg. Bd. Of Adj. & Appeals Alt 1 yr term to 4/98 -1 IV Tillman Nuisance Abatement Board Reg 2 yr term to 4/00 -1 Motion Vice Mayor Titcomb moved to remove the tabled appointments from the table. Commissioner Jaskiewicz seconded the motion that carried unanimously. Vice Mayor Titcomb appointed Eric Schnetzer as a regular member of the Community Relations Board. Commissioner Jaskiewicz appointed Joy Currier as a regular member of the Community Relations Board, and Dan Winters as an alternate member of the Recreation & Parks Board. Motion Commissioner Tillman moved to accept the appointments and place the remaining appointments on the table. Commissioner Bradley seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. A.A.R.P. Tax Assistance - Monday through Friday from February 2nd through April 15th from 9:00 a.m. until 12:00 Noon - Commission Chambers Mayor Taylor made this announcement. 2. Neighborhood Summit- Monday, February 9, 1998, 6:30 p.m., Library Program Room Mayor Taylor made this announcement. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Special City CommisSion Meeting -Thursday, February 12, 1998- West Wing Conference Room - 6:30 p.m. - for the purpose of election matters Mayor Taylor made this announcement. T.N.T. Concert - Friday, February 13, 1998 - 5:00 p.m. to 8:00 p.m. - Oceanfront Park- "Jamie "King" Colton (Jazz) Mayor Taylor made this announcement. Community Redevelopment Agency (CRA) Workshop Meetings with James Duncan & Associates, Visions 20/20 Consultants to be held in the West Wing Conference Room at 6:30 p.m. on: Thursday, February 12, 1998 (6:45 p.m.) Thursday, March 12, 1998 Thursday, April 9, 1998 Thursday, May 14, 1998 Mayor Taylor made this announcement and advised that the City Commission sits as the Community Redevelopment Agency. Since many of the programs we are involved in are under the auspices of the CRA. The Commission will sit as the CRA during these workshop meetings. B. Presentations: Presentation of Awards of Appreciation to Officers Andrew Rosenberg and William Tome by Police Chief Marshall Gage Officers Rosenberg and Tome joined Police Chief Marshall Gage and Joy Currier at the podium. Chief Gage reported that he received an overwhelming request to recognize these officers for their work with the youth of the community. Officer Andrew Rosenberg is the coordinator for the Police Explorer Post and the Juvenile First Offender Program. He is a leader and mentor for approximately 24 Explorers. He has held this position for six years, and has assisted in sending numerous members to college and onto professional careers. Last year, one of the City's Explorers was selected as Explorer of the Year for the State of Florida. The Explorers also work with underprivileged children. Over the past six years, they have been responsible:for distributing more than 18,000 toys. Chief Gage also acknowledged Mrs. Rosenberg for her assistance in acting as a chaperone on many trips. As coordinator of the Juvenile First Offender Program, Officer Rosenberg targets young people who have entered into the criminal justice system for the first time. He provides them with counseling and self-esteem building skills. He also coordinates public service projects since the courts mandate community service activities. This program has successfully turned around a number of individuals and has been the model for others to emulate. Officer Bill Tome has coordinated P.A.L. for more than five years. The P.A.L. program mandates that participants maintain a minimal grade point average at school. The program also includes football, basketball, and baseball. Their successes this year have been phenomenal F MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 having reached the State finals in football and receiving invitations to the National finals in basketball. Officer Tome has instilled a sense of pride and discipline in these youths. In the final game of the season, the opposing team provoked a fight. Officer Tome's team stayed on the sidelines and conducted themselves as professionals. The officials ruled that the other team forfeited due to poor sportsmanship, and our team won the trophy. Chief Gage expressed pride in honoring these two officers with Certificates of Appreciation. Commissioner Bradley advised that he has worked with both officers. As a representative to the Juvenile Justice Council, he worked with Officer Rosenberg for a number of years. Officer Tome and Commissioner Bradley worked to get P.A.L.s recognized in the County. He reminded everyone that it is important to make a difference in children's lives early on. He thanked Officers Rosenberg and Tome for their work. Mayor Taylor agreed that Commissioner Bradley's remarks expressed the feelings of the entire Commission. Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association presented to Finance Director by Mayor Jerry Taylor City Manager Willis and Finance Director,~ Diane Reese, joined Mayor Taylor at the podium. Mayor Taylor read a letter from Stephen J. Gauthier, Director/Technical Services Center, Government Finance Officers Association, advising that the City of Boynton Beach comprehensive annual financial report submitted for the fiscal year ending September 30, 1996, qualifies for a Certificate of Achievement for Excellence in Financial Reporting. An Award of Financial Reporting Achievement was presented to Ms. Reese, and the Certificate of Achievement plaque will be shipped to the City within approximately eight weeks. Mayor Taylor thanked Ms. Reese and'the management staff for continued outstanding performance. Proclamation - "Take Your Child to SchoolNisit Your Child in School Day"- Monday, February 9, 1998 ~ Mayor Taylor read a Proclamation declaring February 9, 1998 as "Take Your Child to SchoolNisit Your Child in School Day", IV, CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting - January 20, 1998 Motion Vice Mayor Titcomb moved to approve. carried unanimously. Commissioner Tillman seconded the motion that MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Commissioner Tillman requested that Item "J" be removed from the Consent Agenda for discussion. Attorney Cherof clarified that Item "D", in its entirety, should be moved to "Development Plans". Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Authorization to piggyback the "Term Contract for Electrical Supplies and Equipment" using School Board Palm Beach County Bid #SB97-65J at an estimated cost of $60,000 (Contract Period: November 7, 1997 - November 6, 1998) Approve the one-year extension of bid to Quadmed, Inc. of Jacksonville, Florida, for "Annual Contract for the Morrison Head Vise II - Disposable Head Immobilizer" (Joint Bid with City of Delray Beach bid #097-06) - BID #036-502-98/SP (Contract Renewal Period: January 8, 1998 to January 7, 1999)-Estimated Expenditure: $15,000 Approve Golf Course request to purchase a Ransome 250 Lightweight Fairway Mower from Pifer, Inc., Jupiter, Florida, utilitizing a GSA Contract #GS-07F-9693G (Contract Period: September 7, 1997 - February 28, 2001) at an open market amount of $28,328.20 Award contract for Municipal Golf Course Cart Storage Building - Bid #022-725-98/CJD to Shoreline Foundation, Inc. of Pembroke Park, Florida, in the amount of $29,960 (Proposed Resolution No. R98-22) Award "Annual Supply of Topdressing for the Municipal Golf Course" - BID #021-726-98/CJD - to Florida Superior Sand, Inc. of Lighthouse Point, Florida, in the amount of $17.25 per ton/S8,625 C. Resolutions: Proposed Resolution No. R98-23 Re: Authorizing fire rescue mutual aid agreement between the City of Boynton Beach and the City of Delray Beach Proposed Resolution No. R98-24 Re: Authorizing fire rescue mutual aid agreement between the City of Boynton Beach and the City of Boca Raton Proposed Resolution No. R98-25 Re: Authorizing renewal of the agreement between the City's G.A.L.A. Committee and the Greater Boynton Beach Chamber of Commerce for the Chamber to plan, organize and implement the G.A.L.A. Wine & Beer Garden and local business exhibitor areas during the March 20-22, 1998 festival Proposed Resolution No. R98-26 Re: Authorizing approval bf an entertainment agreement between the City of Boynton Beach and JOseph MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Eddy Estime with "Island Beat Band" to provide music at Black Awareness Day Proposed Resolution No. R98-27 Re: Authorizing approval of an entertainment agreement between the City of Boynton Beach and Annie Murzike with "Jr. Drinkwater and the Thirst Quenchers" to provide music at Black Awareness Day Proposed Resolution No. R98-28 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 21, 1998 as follows: Authorization to expend on an emergency basis $2,500 from the Sinking Fund to repair Hycore Press; Authorization to increase the contract with R. J. Sullivan Corporation for the construction of Grit Discharge System in the Screening Building from $289,010 to $291,940 to cover $2,930 of Change Orders and extend contract completion by 120 days; Authorization to increase Ric Man's contract for the Northwest Reuse Project from $2,535,701.75 to $2,573,516.79 to cover $37,815.04 of Change Orders and extend the contract time by 18 days; Authorization to increase J. J. Kirlin's contract for the Northwest Reuse Project from $4,595,784 to $4,658,008 to cover $62,224 of Change Orders and extend the contract time by 80 days; and Authorization to expend on an emergency basis $25,000 from the Sinking Fund to repair two (2) EQ Motors and Blowers D. Ratification of Planning & Development Board Action: Shoppes of Woolbright PCD - Request for modification of the previously- approved master plan to move the north property line between Home Depot and the undeveloped property to the north 40' and to subdivide the undeveloped property and vested square footage into a 3.99 acre parcel with 49,106 square feet of retail and a 10.626 acre parcel with 108,004 square feet of retail Shoppes of Woolbright - Home Depot Expo Design Center - Request to construct 108,004 square feet of retail space on 10.626 acres within the Shoppes of Woolbright PCD Items D. 1 and D.2 were moved to "Development Plans". E. Approval of Bills Approve refund on Cemetery Lots 470 A & B, Block S, at Boynton Beach Memorial Park purchased by:James J. Houlahan Approve refund on Cemetery Lot 415 A, Block N, at Boynton Beach Memorial Park purchased by Peter Costronova MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Authorize Purchasing to conduct a Surplus/Confiscated and Unclaimed Items Auction at the Warehouse Approve special event request from Tiffany's Cabaret to host a motorcycle show on February 15, 1998 from 12:00 Noon to 5:00 p.m. in their parking lot Confirmation of David M. Griffith as the first choice firm to provide professional services for a Classification and Compensation Study and authorization for staff to negotiate a contract for those services Item "J" was removed from the Consent Agenda for discussion at the request of Commissioner Tillman. Motion Vice Mayor Titcomb moved to approve the Consent Agenda with the exceptions of Item D in its entirety and Item "J". Commissioner Tillman seconded the motion that carried unanimously. Discussion Item: Confirmation of David M. Griffith as the first choice firm to provide professional services for a Classification and Compensation Study and authorization for staff to negotiate a contract for those services Commissioner Tillman asked for clarification of the criteria that was used to rank the six firms. Dale Sugerman, Assistant City Manager, said the criteria used to evaluate the six firms was the identical criteria approved by the Commission in the draft document. The 13 points that made up the evaluation criteria are as follows: 2. 3. 4. 5. 6, 7. 8. 9. 10. 11. Successful experience in providing comparable classification and pay plan services; Experience in local government and similar projects; Familiarity with South Florida employment trends, local government issues, etc. The experience and credentials of each member of the project team, especially the project team leader; Methodology and approach to accomplish all aspects of the study; In-house capabilities and resources to provide support data and pertinent information; The proposed schedule and the ability to meet schedule requirements; Highly positive references within the past five years that include similar studies in cities comparable to the City of Boynton Beach; Written and verbal presentation of the project proposal with the project leader in attendance at the presentation; Demonstrated capabilities to initiate creative, innovative solutions to resolve issues; Pricing of the component parts of the study; MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 12. 13. An ability to communicate electronically with the City of Boynton Beach; and Full compliance with the terms and conditions of the Request for Proposal. Commissioner Tillman reported that after his review of the back-up materials provided, his selections were David M. Griffith & Associates and Coopers & Lybrand. After reading the proposals thoroughly, Commissioner Jaskiewicz felt Coopers & Lybrand was superior to David M. Griffith & Associates. Their job evaluation factors were more clearly stated than those of David M. Griffith & Associates. In addition, she was influenced by the great disparity in the fees to be charged. There was a $22,000 difference between the two firms. Commissioner Jaskiewicz was pleased with the experience stated in the proposal. Mr. Sugerman advised that during the analysis, the team decided that either David M. Griffith & Associates or Coopers & Lybrand would do fine for the City. The item that swayed the decision were the fact that the Coopers & Lybrand firm is based in Philadelphia that would result in travel expenses. David M. Griffith's project manager for the entire country is based in West Palm Beach. Mr. Sugerman reminded the Commissioners that the request at this point is to recognize the firm of David M. Griffith & Associates and authorize staff to enter into negotiations. The City will be purchasing consulting services. The final scope of work has not yet been determined. The proposals asked the firms to outline their approach to this project, structure it and attach a price to it. The way they structured the project in their proposals is not necessarily the way we will purchase their services. We will negotiate a final scope of work with David M. Griffith at a specific price. That contract will be brought back to the Commission for approval. Commissioner Jaskiewicz feels both firms would require a similar amount of time with respect to performing the interview process. All other tasks will be done at their offices. The expenses listed by Coopers & Lybrand amounted to $3,000. David M. Griffith indicated they would draw on their 30 consultants from all over the country. Therefore, they may end up having someone travel into Boynton Beach from another location. Commissioner Jaskiewicz recommended equating both firms equally and negotiating with both firms. Commissioner Tillman pointed out that David M. Griffith has the edge because they rely on consultants nationwide. Their scope of services will be much more long-range and professional. In response to Mayor Taylor, Mr. Sugerman advised that the evaluation team was comprised of himself, Arthur Lee, Carol Cheek, and Brenda Gibbs. During the first screening, the six proposals were reduced to three. Interviews were then held with the top three firms over the course of a few days. Mayor Taylor was also concerned about the price differential, but realizes this is a starting point rather than a final cost. He feels that by having the top two firms, the City will have a tool to negotiate the best price. Mr. Sugerman explained that the hourly rate would not change. The price will depend on the number of hours we purchase. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Vice Mayor Titcomb said he would be comfortable with staff using the "pecking order" that was selected by the committee. Motion Vice Mayor Titcomb moved to approve. Commissioner Tillman seconded the motion. Commissioner Jaskiewicz questioned whether staff could negotiate with both firms at the same time. Attorney Cherof responded negatively. He recommended beginning negotiations with the #1 ranked firm. If negotiations are unsuccessful, staff can move onto Coopers & Lybrand. Mr. Sugerman added that if staff is unsuccessful in negotiating with both firms, the process will begin again. The motion carried 4-1. (Commissioner Jaskiewicz dissented.) Commissioner Bradley requested a brief discussion of Consent Agenda Item IV-I. Approve special event request from Tiffany's Cabaret to host a motorcycle show on February 15, 1998 from 12:00 Noon to 5:00 p.m. in their parking lot Commissioner Bradley is not in favor of expanding the use of this type of business or giving them the right to promote themselves. : Motion Commissioner Bradley moved to deny the request to have the motorcycle show at Tiffany's Cabaret. THE MOTION DIED FOR LACK OF A SECOND. Mayor Taylor shared Commissioner Bradley's concerns. Although he personally objects to anything that draws attention to this business, he does not believe he can discriminate against this business since other taverns and restaurants have been permitted to conduct these events. Commissioner Bradley disagreed and felt the City Commission has the legal right to discriminate'in this instance. This business is at the entrance of our City and it does not set a good family image for this City. V. CITY MANAGER'S REPORT: A. Schedule Workshop Meeting for presentation of Reorganization Plans City Manager Willis provided a summary spread sheet in the back-up material indicating cost savings related to the early retirement program and the proposed reorganization changes. We have a total eight-month savings in the FY 1997/98 budget netting $378,601 from early retirement and $58,303 from the reorganization. This amounts to a total savings of $431,904 for this fiscal year over the budget approved in September. In 1998/99, we will net $567,902 from MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 early retirement savings plus $79,954 from reorganization savings. The total will amount to $647,856. This total will carry through for FY 1999/2000. In FY 2000/2001, we will net $1,289,070. City Manager Willis requested a workshop meeting with the City Commissioners in order to provide the department heads with an opportunity to make presentations with respect to changes in their departments as a result of the restructuring. Staff will begin developing self- directed work teams, and setting goals and objectives for each department and division. These goals and objectives will reflect the Commission's strategic priorities that will be set at the workshops in March and April. Staff will be developing an annual business plan that will tie into the budget. Staff will also be working on the CIP program and a five-year outlook. Consensus There was a consensus of the Commission to allow thirty minutes for the presentation at the regular City Commission meeting of February 17th. The workshop will begin at 6:30 p.m., and the regular meeting will follow at 7:00 p.m. Commissioner Bradley referred to the notation on Page 1 of the back-up information that describes changing the ITS Director to an Administrator. He noted that there were no dollar amounts associated with this change. City Manager Willis said the Director positiOn has been eliminated from ITS. Patrick Hughes, the Administrator, has done an excellent job for the last six months. We have consultants on board to download our new software purchased through HTE. We also have the ability to bring in contract assistance if necessary. Commissioner Bradley recalled that the ITS Director position was a part-time position whereas the Administrator position is a full-time position. City Manager Willis explained that this is a slight increase over Mr. Hughes' current salary. It eliminates the Director and Assistant Director positions. This will become a component of the Support Services Division. Commissioners Jaskiewicz and Tillman deferred their concerns until the workshop meeting. VI. PUBLIC AUDIENCE: David Katz, 742 NW 11th Street, President of the Skylake Homeowners' Association, thanked the City Manager's Office, Sue Berman'and Joyce Costello, for arranging to have Lee Thompson, Larry Roberts, Larry Quinn and Mike Melillo address his homeowners' meeting. At the last meeting, Mr. Katz asked that the Commission not approve the second reading of the Ordinance for referendum to sunset the Civil Service Board. He reminded everyone that during a workshop meeting, the Mayor said he would not do that. At the last meeting, the Mayor said Mr. Katz misrepresented his statement. Mr. Katz checked the record of the workshop meeting and the minutes reflect the fact that Mr. Katz did not misrepresent Mayor Taylor's statement. Mr. Katz urged the Commissioners not to "serve up" the Ordinance to eliminate the Civil Service Board. Bruce Black, 229 SW 1st Avenue, advised that an ad hoc committee was formed several months ago to investigate the possibility of constructing a skateboard park in Boynton Beach. l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 The committee decided a good location for this park would be at Caloosa Park where the County is planning an in-line skate park. Some of the committee members met with Dennis Echerman two weeks ago. Mr. Echerman wants to check traffic flow after the in-line park is up and running before making a decision on the skateboard park. The in-line skatepark is currently out for bid. Since that process takes approximately three to five months, the in-line skatepark will probably not be built before the end of this year or early next year. Therefore, it could take as long as two years before he would consider our request. The committee is now looking for other locations and hopes to come back to the Commission by the end of February with a recommendation for an alternative site. Commissioner Jaskiewicz suggested lobbying Commissioner Newell for assistance in expediting this project. Mr. Black said the committee members will be investigating sites on Congress Avenue south of the tennis courts, the south end of Meadows Park, and the park next to Galaxy Elementary School. The committee does not want to take anything away from Galaxy, but feels that perhaps the field could be shortened if it is not used for adult baseball or softball. Commissioner Jaskiewicz questioned whether the County indicated that supervision would be provided at the skatepark. Mr. Black responded negatively and explained that this would be an unsupervised event. Mayor Taylor suggested that the committee consider the area by the power station below the bridge on SW 23rd Avenue. Mr. Black is aware of that property and explained that the committee is trying to find a location that has existing parking, bathrooms and road construction. Maurice Rosenstock, One Villa Lane, is a member of the Planning & Development Board who attended the workshop meeting to discuss landscaping and Code revisions. During that meeting he talked about the fact that the School Board begged the City to allow them to increase their income by putting another antenna on their current antenna at the Congress Avenue I-rv property. They promised they would remove the huge satellite dish that was on that site. The School Board removed the satellite dish, but did not properly landscape the property to buffer the horrendous condition on the western portion of the property. They were supposed to install a Ficus hedge to block that view. At that time, Mr. Hernandez agreed to comply with the City's request for the installation of hedges and plantings. Although they installed a few plants on the site, they never installed the hedges. The School Board is now receiving income from the antenna, and the City has not gotten compliance. Mr. Rosenstock asked the Commission to move forward on obtaining compliance from the School Board. Commissioner Jaskiewicz advised that the agreement at the time was to remove everything. In addition, we wanted the landscaping facing Congress Avenue. Mr. Hernandez assured the Commission that would be done within three months. Mr. Hernandez has been giving the City those assurances for two years. City Attorney Cherof has sent a letter to Mr. Hernandez about this issue. Commissioner Jaskiewicz pointed out that the School Board thinks they are immune to all laws. Mayor Taylor recalled the proceedings of that evening. Since the School Board had not kept its word for over two years, Mayor Taylor's position was that they should clean up the site and landscape it before we would allow them to install the antenna. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Mayor Taylor requested that staff pull the minutes of the meeting to determine exactly what was agreed upon. In addition, he would like the City Attorney to advise the School Board that if they do not comply with what was agreed upon at that meeting, they must remove the antenna within a certain period of time. Mayor Taylor requested that the City Attorney report back to the Commission on this item. Bob Brown, Boynton resident, thanked the City Commission for repairing the infrastructure on Federal Highway. He felt this would be a perfect time for the City to repair the swales along Seacrest and the north end of the City. Mr. Brown suggested that the City contact Hardrives to see if they would take on this project at a nominal cost since they are already working in the area. Mayor Taylor advised that Hardrives is the contractor on Federal Highway but this is a State project. Seacrest Boulevard is a County road and would be a separate entity that would haVe'to be contracted out separately. Mayor Taylor advised that the City will be doing swale projects in the future. This will be a long-term project. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. BIDS: None IX. DEVELOPMENT PLANS: Shoppes of Woolbright PCD - Request for modification of the previously- approved master plan to move the north property line between Home Depot and the undeveloped property to the north 40' and to subdivide the undeveloped property and vested square footage into a 3.99 acre parcel with 49,106 square feet of retail and a 10.626 acre parcel with 108,004 square feet of retail Shoppes of Woolbright - Home Depot Expo Design Center - Request to construct 108,004 square feet of retail space on 10.626 acres within the Shoppes of Woolbright PCD Attorney Cherof advised that these items became quasi-judicial proceedings because they were removed from the Consent Agenda. Therefore, he administered the oath to all that would testify. Attorney Cherof reported that staff had a telephone conversation with Mr. Morton and his attorney to review a few of the items referenced in the conditions. Tambri Heyden, Planning & Zoning Director, distributed Development Department Memorandum No. PZ 98-043 dated February 3, 1998 that suggests rewording or deleting of some of the conditions as indicated in the memorandum. Attorney Cherof advised that this memorandum was FAXED to the applicant earlier in the day. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 John Schern, Real Estate Manager for The Expo Division of Home Depot, agreed that he received the Development Department Memorandum No. PZ98-043 earlier today, and addressed the comments as follows: Master Plan Modification Item a No objection to this item. Mr. Schern clarified that the purpose of the review of the Planning & Zoning and legal staff will be to determine that cross-parking, cross-access and maintenance obligations are included in the document. Attorney Cherof confirmed this to be true. Item c The applicant's understanding of the current settlement agreement provides for 12' of the landscape buffer to be in the right-of-way with 8' to be on the north side of the road. The revision stated shifts that by 3'. Mr. Schern said he has no concern about where the City wants that. He will do whatever the City wants between 12' and 15' including the location of the sidewalk that moves from the north side of the street to the south side of the street. He would not want his review to be subject to the execution of the settlement agreement since he is not a party to the agreement or the issues raised by the agreement. He would rather have an affirmative decision on what the City wants and permission to move forward. In response to Mayor Taylor's question with respect to whether or not the City could give the applicant specifics and allow them to move forward if there is agreement, Attorney Cherof advised that would be possible if the party selling the applicant the property will consent to that. Mr. Morton was in the audience and said he would consent. Mr. Schern clarified that will comply with the 15' landscape buffer, and the 4' sidewalk on the south side of the pavement. The curb and gutter conditions do not change. Attorney Cherof advised that the effect woUld be to revise the last sentence of Item "c" to read as follows: ~ "Pending settlement revisions Will waive this code requirement." The remainder of the sentence, as it appears in Memorandum No. PZ 98-043, is to be deleted. Mr. Schern said he had no other questions with regard to this memorandum. He thanked staff for helping to resolve the outstanding issues in a timely manner. Motion Vice Mayor Titcomb moved to approve the Consent Agenda Items D.1 and D.2 with the added stipulations as provided in Memorandum PZ 98-043. Commissioner Tillman seconded the motion. Attorney Cherof confirmed that the motion covers the conditions in both items. ]3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Commissioner Jaskiewicz expressed concern about the condition of the median. The condition of the median entering the property is disgraceful and has never been completed. Mr. Wildner confirmed that the City has never accepted that median. There was a prior agreement that the owner would maintain that median. Commissioner Jaskiewicz advised that the median is filled with garbage and bottles. No one is cleaning or maintaining it. Approval of this project must include the completion and maintenance of this median. Mayor Taylor requested a commitment that this median will be maintained. Mr. Schern said this median would be included in the REA. The owner of both properties (The Home Depot and the Expo) will enter into an obligation to get the median in good condition and maintain it. Discussions have taken place with the owner of the PUD to be consistent with the maintenance they are performing. The applicant will apply that same standard to the median in question. The applicant said they installed guardrails along the north side of the Garden Center to prevent unauthorized dumping of material to the north of the store. There is a comprehensive plan that will address the medians. He feels the City will be happy with the results. Commissioner Bradley disagreed with the decision of the Planning & Development Board with respect to Item 27. He would like that item included so that violet and pea green are not included since they do not fit anywhere in this PCD. He is in favor of the Expo, but is not pleased with the colors. Vice Mayor Titcomb confirmed that these colors will only appear in the letters on the wall signs on the building, and on the freestanding sign on Woolbright Road. There are no accent stripes. The motion carried 4-1. (Commissioner Bradley dissented.) X. NEW BUSINESS: None Xl. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O98-05 Code of Ordinances to provide Abatement Board Re: Amending Chapter 15 of the additional powers to the Nuisance Attorney Cherof read Proposed Ordinance No. O98-05 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Bob Brown said he is being deprived of his right to build a single-family home on a single- family lot. This City has refused to help saying he requires County permits. The County has refused to help saying he requires State permits. He requested that the City Commission establish a city court to be an arbitrating body in addition to tl'ie Nuisance Abatement Board. He feels it is the duty of citizens to obey the law, but representatives must ensure that the citizens are treated fairly. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Motion Commissioner Tillman moved to approve Proposed Ordinance No. O98-05. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. O98-06 Re: Adopting new Personnel Policy Manual Attorney Cherof read Proposed Ordinance No. 098-06 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O98-06. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-07 Re: Amending Ordinance 97-37 to clarify that the length of each term would remain at two years, and the number of terms an elected officer could hold would not be limited Attorney Cherof read Proposed Ordinance No. O98-06 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Dee Zibelli, 440 Ocean Parkway, expressed opposition to unlimited terms for elected officials. It is her opinion that by limiting the terms, citizens maintain control of government. She urged all Commissioners to think this through very seriously and recommended not putting this item on the ballot. Motion Commissioner Tillman moved to approve Proposed Ordinance No, O98-07. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-08 Re:. Amending Chapter 7, Article 1, Section 3.A.l.b. of the Land Development Regulations of the City of Boynton Beach providing for the enforceability of letters of credit having expiration dates Attorney Cherof read Proposed Ordinance No. O98-08 by title only. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O98-08. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. O98-09 Re: Newsracks Attorney Cherof read Proposed Ordinance No. O98-08 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O98-08. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Attorney Cherof advised that staff would make recommendations regarding the provisions that are currently blank between first and second readings. C. Resolutions: Proposed Resolution No. R98-13 Re: Confirming the appointment of Dale S. Sugerman as Assistant City Manager of the City of Boynton Beach, and authorizing the City Manager to execute an appointment contract with him on behalf of the City Attorney Cherof read Proposed Resolution No. R98-13 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R98-13. Vice Mayor Titcomb seconded the motion. Commissioner Bradley advised that he had a number of questions and comments regarding this contract even though he did not have a question about Mr. Sugerman's ability to do his job. Commissioner Bradley asked Attorney Cherof for his opinion about removing an employee from Civil Service at this time. Attorney Cherof felt the move was proper, particularly with the employee's consent. The protection afforded by Civil Service is a right that benefits the employee and that right can be waived by the employee who wishes to go to a contract situation. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 In response to Commissioner Bradley's question, City Manager Willis advised that Mr. Sugerman would be assigned a fleet vehicle for his use. Commissioner Bradley expressed concern about the compensation package because Mr. Sugerman will be given deferred compensation as well as the retirement package. The last three City Managers were given deferred compensation only. Commissioner Bradley is concerned about setting a precedent by giving Mr. Sugerman deferred compensation in the range of $7,500 plus the retirement package. When this is added together with the salary and the "signing bonus" ($4,500) in Article 6, Item 6.1, the salary is $93,116. Commissioner Bradley will not support this. City Manager Willis advised that the $81,111 is the average salary of Assistant City Managers in Palm Beach County. Mr. Sugerman has agreed to take on the oversight of all of our downtown redevelopment projects to ensure that they are properly coordinated on schedule. He will be held responsible and accountable to answer to the City Manager and the City Commission. The value of the deferred compensation will be 10% (or approximately $6,000). When the two figures are added together, they total approximately $87,000. The use of a fleet vehicle is common. City Manager Willis believes this contract is appropriate and will assist her to get some of the top managers under contract and in step with the program. Commissioner Bradley pointed out that 10% of $81,000 is $8,100. Dale Sugerman advised that the actual amount is 7.5% for deferred compensation. He said there is no "signing bonus". Mr. Sugerman advised that he did not receive his annual increase in 1997 as did all other employees in the City. He has been in contract negotiations with the City Manager and has not had a compensation adjustment in almost 16 months. This contract will give him the 5% cost of living increase that all of the other employees received retroactively back to his anniversary date. Commissioner Bradley referred to the contract where it talks about a base salary adjustment of 5%. Commissioner Bradley asked if this is 5% of $81,100. Mr. Sugerman said he agreed to a 5% anniversary date increase on October 3, 1997. That is what this language represents. Commissioner Bradley questioned whether or not 5% was being added to Mr. Sugerman's base salary. Mr. Sugerman explained that this is a 5% annualized increase handed out in 1/52 each week. On an employee's anniversary date, he/she receives a 5% increase in the annual salary, but only receives 1/52 of the actual cash each week. Commissioner Bradley questioned whether the base salary and benefits are increasing by 5%. Mr. Sugerman responded negatively. He said his annualized salary on October 3, 1997 would be increased by 5% but paid out in 1/52 increments each week for however many weeks it has been since October 3rd. All employees are treated in this way. Commissioner Bradley also expressed concern about the 180-day severance package because it is more than any other employee has been offered. Three or four months has been the standard. With respect to the accrued and unused vacation leave, there is a notation that if the Commission changes the language for all employees, then Mr. SUgerman would be entitled to it. However, there is language in 7.3.3 and 7.3.4 that says, "the amount for accrued and unused ]7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91". He feels this is giving Mr. Sugerman the benefit the Commission has discussed, but not decided on. City Manager Willis said this will apply prospectively, meaning any accrued and unused sick leave will be subject to being cashed out at the rate of 50% of anything he accrues from the date of the contract forward. With respect to Paragraph 7.3.3, if the Commission decides to go back to the pre-October, 1991 vacation package for all employees, then it would apply to Mr. Sugerman retroactively to all of the accrued and accumulated time he had at the time he signs his contract. Commissioner Bradley questioned whether this contract gives Mr. Sugerman that benefit from this point forward even though that decision has not yet been made. City Manager Willis advised that this is a negotiated contract that has taken approximately three months. Mr. Sugerman is in a unique position. There is a growing and disturbing trend of the Assistant City Manager being subject to termination with a change in administration. Commissioner Bradley is concerned that Mr. Sugerman is being given a benefit that the employees want. We are in negotiations about this benefit, and Commissioner Bradley feels it is wrong to include this at this time. In addition, there is a dollar amount associated with that benefit. Commissioner Bradley is not opposed to giving Mr. Sugerman $81,000 and the deferred compensation. He has a problem with the retirement being added on to that and the addition of the accrued and unused days. Commissioner Bradley has a problem with this contract. Commissioner Bradley also pointed out that this was an important issue that was pulled from the agenda at the last meeting with no explanation. He felt that was wrong and was sorry he had not pointed that out at the last meeting. With respect to Paragraph 7.3.4, Commissioner Jaskiewicz recommends adding the phrase, "if adopted by the City Commission", because that item is not yet approved. City Manager Willis explained that the provision, as it appears in the contract, is based on all the other contracts that have been negotiated and should contain the same terminology as those other contracts. In addition, this item was pulled at the last meeting because there was a misunderstanding between herself and Mr. Sugerman. Commissioner Bradley reiterated that he wanted an explanation of why Mr. Sugerman is being offered deferred compensation and retirement. He explained that it makes no sense to him and he expressed surprise that he was the only Commissioner to question this. Mr. Sugerman explained that he will be the first public employee of the City of Boynton Beach to leave Civil Service. There is a cost and a risk associated with doing that, and that cost and risk are the terms and conditions of the contract negotiated with the City Manager. Vice Mayor Titcomb explained that Mr. Sugerman's remarks are the reasons why he is willing to go along with the provisions of this contract. The "carrot" was planted in this contract and he does not believe the overall impact is as significant as it appears. It provides a security blanket for Mr. Sugerman to do a very good job for the City while stepping out of Civil Service. ]8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Commissioner Tillman agreed with Vice Mayor Titcomb's remarks. He read the contract thoroughly and he contends that as the City moves from Civil Service to personal contracts, it might be necessary to add insurance. He reminded the Commissioners that Mr. Sugerman is stepping into a "gray" area and he would not want to step into that area without protection. The items in the contract are valid because Mr. Sugerman could lose his job because he is out of the protection of Civil Service. Mayor Taylor feels this is an excellent contract for Mr. Sugerman because it gives him a good increase in salary. At the same time, it is a good contract for the City. Mr. Sugerman has saved the City a great deal of money over the last few years because of his performance. He has earned this contract because of his leadership. Performance needs to be acknowledged and rewarded.. Although this contract goes beyond where the City normally goes with respect to money, Mayor Taylor will support this contract. Commissioner Jaskiewicz concurred with Mayor Taylor's remarks and is still appreciative of Mr. Sugerman's services that got the City through the interim period without a City Manager, when we did not have an iTS Director and when he took over the Human Resources Department. He appreciates the job Mr. Sugerman is doing for the City and hopes he continues for many years to come. Motion Commissioner Tillman moved to approve Proposed Resolution R98-13. Commissioner Jaskiewicz seconded the motion that carried 4-1. (Commissioner Bradley dissented.) D. Other: Consider Code ComPliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell- 1213 NW 4th Street- Case # 96-5692 Scott Blasie, Code Compliance Administrator, advised that the Commission would be considering two cases for the Bell property. The property is located at the corner of NW 12th Avenue and NW 4th Street. The Code Compliance Board heard both cases and unanimously decided to reduce both liens. The Walkers appeared at the previous Code Board hearings and testified that they did not have the funding to make the Code corrections required and went into a state of noncompliance for an extended period of time. They have since obtained financing to rehabilitate the property. They were present in the audience to make a presentation with respect to their intentions. This case was forwarded to the City Attorney's office for foreclosure. Since they have complied the violations and applied for a lien reduction, the City has not moved forward with the foreclosure. Virqil Walker, D & D Construction Company, Miami, Florida~ advised that in July of 1997, Mrs. Bell contacted him to rehabilitate the property at 1213 NW 4th Street. When the Code violations were placed on the property, the Bells did not have the finances available to hire a contractor to correct the violations. This is a drug-infested area that needs a great deal of help. The Bells feel their proposal for a mini-mad can bring about a change in Cherry Hill. Services will be offered in addition to the sale of groceries. Area residents will be able to pay their electric and phone bills at the mini-mad. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Mr. Walker distributed copies of a drawing depicting the renovations planned for commencement in two weeks, and a copy of the financing secured through First Union Bank. The plan will be submitted to the Planning & Development Board for approval. It was originally anticipated that the renovations would cost approximately $44,000. Since change orders will drive the cost up, he requested that the fine be reduced to the amount recommended by the Board, and he asked the City to reinvest that money in the mini-mart program. Vice Mayor Titcomb referred to back-up information indicating response calls to criminal violations. He requested clarification of the law in terms of assignment of responsibility to the actual property owner. Attorney Cherof advised that it should have no affect with respect to the Code compliance issue. The violations on the property are the ultimate responsibility of the property owner. Mr. Walker advised that Mrs. Bell contacted the City of Boynton Beach Police Department to request that they act as the City's agent. Since that time, the Police calls have been reduced. The Bells have had a tenant at this location who has not been cooperative with the City of Boynton Beach. That tenant has been served a Letter of Eviction and she is in the process of complying with the process. Mr. Walker has an agreement with the tenant advising that the Bells will take possession of the property on February 10th. The tenant has begun the process of moving from the property. Commissioner Jaskiewicz said she is very familiar with this area. While participating in the Wrice marches, it was necessary to spend an hour or more collecting the liquor bottles from the lot across from this parcel. This problem will continue unless the sale of liquor is prohibited. She will support this request for a lien reduction if the applicant will provide assurances that no liquor will be sold at this site for a period of three years. In addition, she would not support outside phones at this location. Mr. Walker advised that there are three properties directly across from the store. The applicant has agreed that the mini-Mart woUld be responsible for the clean-up of those properties. Commissioner Tillman explained that the major concern about the trash and liquor bottles is that they are defacing properties in an area where the City is attempting to eliminate blight. Commissioner Tillman does not want any loitering in this location and wants the property owners to enforce a "no loitering" rule. Mr. Walker felt Mrs. Bell addressed the issue of loitering by hiring the Police Department to remove any individual that may be engaging in any type of criminal activity. In addition, the applicant is planning to relocate the phones, although a decision has not yet been made with respect to their location. The phones will only be available for outgoing calls. This is necessary since some of the area residents do not have phones in their homes. In response to Commissioner Jaskiewicz, Mr. Walker said the phones will be removed from the corner, but he is not sure whether they will be located inside the establishment or outside. Commissioner Jaskiewicz said she would not support the application if the phones are not located inside the establishment. She also advised that this could be processed under the Nuisances Abatement Board. If that was to happen, as a minimum, they could issue a ruling eliminating the sale of alcohol at this establishment. Commissioner Jaskiewicz felt this was a 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 classic example of a case that should have been processed through the Nuisance Abatement Board. Commissioner Jaskiewicz pointed out that if the tenant was issued the Notice of Termination on December 29th, he/she should have been off the property at this time. She is concerned that the tenant will not vacate the premises. Commissioner Jaskiewicz recommended tabling this item to make sure the tenant vacates the premises before consideration of this request by the Commission. Marshall Gage, Chief of Police, reported that the Police Department initiated serious enforcement action on this establishment a number of months ago. The owner's cooperation was gained after months of vigorous enforcement on the part of City, County, and State officials. Cooperation was not voluntary. It was given after a considerable amount of pressure was put on this site. The applicants are not new owners. They are long-term owners. They began to cooperate when it became apparent that the City was moving toward taking the property. In the last few months, they have been extremely cooperative in helping the Police Department to rid that corner of drug dealers. Chief Gage said he would not object to the reduction of the fine. However, a tremendous amount of manhours have been spent on this case. These owners are partially responsible for the deterioration of this neighborhood. Mr. Walker advised that on December 26, 1997, the City Attorney's Office sent a letter with respect to a motion to foreclose on this property. The Bells were in the planning process for the mini-Mart prior to the letter being sent. The property was leased to a tenant who was not cooperative with the City. The Bells would like an opportunity to change this area. Mr. Walker advised that the Bells will own and operate the mini-Mart. Mayor Taylor expressed concern about having outposts for utility payments because it would be difficult to hold anyone responsible if the money is lost or stolen. A mini-Mart operated by the owners of the property would be good for this area. However, Mayor Taylor is concerned about the fact that the tenant has not vacated the premises. Commissioner Jaskiewicz was concerned that the Commission was dealing with this issue before the tenant was removed. The tenant may refuse to vacate. In addition, Commissioner Jaskiewicz would like assurance that liquor will not be sold at this location. Mr. Walker was unable to provide that assurance. He did not feel the sale of liquor was the main issue. He agrees that loitering is a main issue. Commissioner Tillman reminded Mr. Walker that the City wants this property cleaned up. He recommended that the Commission table this item until the tenant is removed from the premises. At that time, Mr. Walker and the Bells can return to the Commission for consideration of this item. Mr. Walker and the Bells were in agreement with Commissioner Tillman's suggestion. Commissioner Bradley requested ideas from staff with respect to legal assurances the City can have that improvements on the site will occUr. Attorney Cherof explained that the release of the lien could be given to a third party (escrow agent). After a fixed period of time, if there is compliance on the property, the escrow agent can record the release. The property owner will be in control of his/her own fate. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 Commissioner Bradley requested that all ideas be provided to the Commission. Motion Commissioner Tillman moved to table the lien reduction with regard to the Bell property in Case #96-5692. Commissioner Jaskiewicz seconded the motion. In response to Mayor Taylor, Mr. Blasie advised that there is no accrual of the fine because the violators have complied with the Code. In addition, Attorney Cherof advised that the City would take no further action on the foreclosure while this item is pending. The motion carried 5-0. Consider Code Compliance Board request for lien reduction to $826.18 for Alberta K. & Octavia C. Bell - 1213 NW 4th Street- Case #96-4218 Motion Commissioner Bradley moved to table. Commissioner Jaskiewicz seconded the motion that carried 5-0. Consider Code Compliance Board request to rescind lien in Case #96- 5709 - Jean Deroncelly and Francilia Deronvil - 2201 North Seacrest Boulevard Scott Blasie, Code Compliance Administrator, advised that this property is located at the northwest corner of Gateway Boulevard and Seacrest Boulevard. It was vacant and the owners lost it to the bank. An attorney for Fanny Mae appeared at the Board meeting and presented documents for review by the City Attorney's Office. Following review of the documentation, Attorney Pawelczyk advised that our lien is unenforceable. We will keep the $200 application fee for this process. Mr. Blasie recommended that the lien be rescinded. Motion Commissioner Jaskiewicz moved to accept Mr. Blasie's recommendation. Commissioner Tillman seconded the motion. Commissioner Bradley questioned whether the lien would have been enforceable if it had been filed prior to the Lis Pendens. Attorney Cherof responded affirmatively. Mr. Blasie advised that we file the liens as soon as possible. XII. UNFINISHED BUSINESS: A. Update on Post Office Concerns Commissioner Jaskiewicz advised that she was elated about a previous conversation with the Postmaster who agreed that North Boynton Beach would be serviced with Boynton Beach zip codes. However, this dragged on and Commissioner Jaskiewicz followed up with several letters. There will be a meeting on Friday with several officials in the Department and a decision MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 3, 1998 will be made at that time. Commissioner Jaskiewicz' correspondence, along with letters from residents of Boynton Beach, will be used to weigh their decision. It is anticipated the approval will be granted. While watching the County Commission meeting on television, this issue was raised. Other areas of the County having this same problem were cited. One of the Commissioners indicated that some of the sales taxes for those particular areas was being diverted to other cities. Commissioner Jaskiewicz questioned whether we are receiving our fair share of taxes from North Boynton Beach. Mayor Taylor requested that staff follow up on this situation and report back to the Commission. B. CDC Office Mayor Taylor requested that the Commission be provided with an update at the next meeting on the status of the CDC Office on the corner of Gateway Boulevard and Seacrest Boulevard. This office was supposed to be complete and in operation by the end of March. XIII. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:50 p.m. ATTEST: City ~lerk h Puty City Clerk ree Tapes) CITY OF BOYNTON BEACH DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shoppes of Woolbright PCD- Expo Design Center APPLICANT'S AGENT: Susan Prillaman APPLICANT'S ADDRESS: 1755 The Exchange, Atlanta, GA 30339 DATE OF HEARING BEFORE CITY COMMISSION: 2/3/98 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: East side of S.W. 8th Street between Home Depot and Industrial Access Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 "B" 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. 7. Other City Cle~:k~ J\Plan ning\SHARED\WP\Projects\ShpswooI\EXPO\DEVE LOPM E NT ORDER.doc EXHIBIT "H" Conditions of Approval Project name: Shoppes of Woolbright - Expo Design Center File number: NWSP 97-024 Reference: The plans consist of 12 sheets identified as 2nd Review, New Site Plan. File ~NWSP 97-024 with a January 16, 1998 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: X 1. Department of HRS permits will be required for the water system X serving this project. (Sec. 26-12) These requested plans and applications shall be forthcoming. 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)). Submit these calculations with the HRS permit submittal. 3. Sec. 26-34(E) of the city code requires that a capacity reservation fee be X paid for this project either upon Utilities Department's request for signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. The reservation fee for a single 2-inch meter is $2,106.72. 4. Provide an engineer's written certification that drainage will conform X with all rules of the city and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F) 5. Final drawings shall include appropriate backflow preventers will be X required on the domestic water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. 6. The final engineering drawings shall show the connection of the X proposed water main to the existing water main north of the project site. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: Page 2 Shoppes of Woolbright PCD - EXPO File No.: NWSP 97-024 DEPARTMENTS INCLUDE REJECT 7. Add a general note to the site plan that all handicap stalls shall be built in X accordance with City Standard Drawing B-90012. Correct the "Parking Detail" on sheet SP-1 to include 4" white diagonal stripes within the 5 foot access aisles. 8. Show sidewalk thru all driveways to delineate pedestrian path. [LDR X Chapter 23, Article II.P.] 9. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency should be included with any permit request. 10. Provide an engineer's certification that the drainage will conform with X all mles, regulations, codes, etc. as required in LD1L Chapter 4, Section 7.F.2 and Chapter 22, Article II, Section 7.A. and 7.D. 11. The interconnected drainage system for Home Depot shall be completed X as part of the permitting of the design center. 12. Change the "9 foot" dimension shown half way into the 5 foot access X aisle on parking detail to the center of the blue and white stripes to the left. [Standard Drawing B-90012] 13. Show the 4 foot concrete sidewalk 1 foot off of the south R/W line of X Purple Heart Way. [Standard Drawing B-91005] 14. At Purple Heart Way and S.W. 8th Street show two egress lanes for X north and southbound traffic as stipulated in Resolution No. R96-65, Settlement Agreement. 15. Add an appropriately located W14-1 "Dead End" sign per FDOT Index X 17349. 16. It is recommended that construction plans for Purple Heart Way shall be X submitted at time of permit request to construct design center, including streetlights per agreement between Morton and the city. BUILDING DIVISION Comments: 17. Add to the site plan, landscape plan and site drainage and utility plan X notes and symbols that will identify and represent the location of the Page 3 Shoppes of Woolbright PCD - EXPO File No.: NWSP 97-024 DEPARTMENTS INCLUDE REJECT accessible route that is required from the abutting street to the accessible entrance of the building and each tenant space. Also, add to the site plan and site drainage and utility plan notes, dimensions, slopes, specifications and, where applicable, detail drawings that will ensure the accessible route will be constructed in compliance with the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 18. Add to the site plan drawing a detail drawing of the curb ramps shown X on sheet SP 1 of 1. The ramp shall comply with the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.6, 4.7 and 4.8] 19. The title of the plan that the sign drawings are attached to shall be X renamed Sign Program Site Plan. Add a note to the plan indicating that the drawing is to be used only for the location of the site sign and the location of the EXPO tenant space. 20. The proposed 270 square foot site sign exceeds the maximum 160 square X foot sign area allowed by the sign code. Therefore, amend the sign to show no more than 160 square feet of signage. Add the color name and color code for the sign colors shown on the proposed site sign. Also, identify the colors proposed for the sign frame and sign structure. [Chapter 21 - Sign Code, Article IV, Section 3.B.] 21. Indicate and show on the site plan that there is no less than 10 feet X between the leading edge of the site sign and the adjacent property lines [Chapter 21 - Sign Code, Article III, Section] 22. To properly evaluate the proposed wall sign identify the length of all X three lines of the signage. Add to the sign program submittal elevation view drawings of the building that depict the location(s) of the proposed wall signage. Also, identify the length of the building frontage of the EXPO tenant space. Note that the maximum total square footage of wall signage allowed shall not exceed one and one-half (1-1/2) square feet of sign area for each one (1) foot of linear building frontage. Amend the plans accordingly. [Chapter 21 - Sign Code, Article IV, Section 3.B.] PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Page 4 Shoppes of Woolbright PCD - EXPO File No.: NWSP 97-024 23. All 25 trees shown on the tabular form (sheet LP3 of 4) must be replaced X in addition to the required trees for the site, and shown on the landscape sheets. [City Code of Ordinances, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 Section 6; Chapter 7.5 Landscape.] 24. Submit a management plan document for the property left undeveloped, X which is adjacent to the Florida East Coast Railroad right-of-way. Include in the document the following note: "area shall be hand grubbed to remove all invasive exotic plant material and litter". [City Code of Ordinances, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 Section 6; Chapter 7.5 Landscape.] 25. The landscaped berm on the rear of the site along the Florida East Coast X Railroad right-of-way shall be maintained free of exotics and modified to comply with the approved buffer plan. [City Code of Ordinances, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 Section 6; Chapter 7.5 Landscape.] PLANNING AND ZONING 26. Provide clause on the survey stating that the property was abstracted for X right-of-way and easements, as required by Land Development Regulations, Chapter 4 Section 7.A. 27. Substitute the violet and pea-green sign colors for one of the eleven X colors of the approved sign program. 28. Roof top equipment shall be completely screened from view as required X by LDR (Chapter 9, Section 11.E.). Add note to elevations that if roof equipment is visible from a distance of 600', screening will be provided. 29. Install a dead-end sign at the east end of Purple Heart Way where it X intersects with the easternmost driveway to the new design center. 30. Elevations for the future retail space will require review by the Board X and Commission. 31. Signage for the future retail space will require review by the Board and X Commission. 32. It is recommended that the required hedge along the west side of the X access aisle that is located east of the 49,106 square foot outbuilding be deferred until the outbuilding is constructed. 33. Square footage totals of outbuilding and retail space east of outbuilding X must be revised to not exceed the approved 157,000 square feet. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shoppes ofWoolbright PCD APPLICANT'S AGENT: Susan Prillaman APPLICANT'S ADDRESS: 1755 The Exchange, Atlanta, GA 30339 DATE OF HEARING BEFORE CITY COMMISSION: 2/3/98 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: East side of S.W. 8th Street between Home Depot and Industrial Access Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 "B" 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. 7. Other DATED: City Clerk J\Plan ning\S HARED\WP\Projects\ShpswooEEXPO~DEVE LOPMENT ORDER.doc Page 5 Shoppes of Woolbright PCD - EXPO File No.: NWSP 97-024 ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 34. Delete comment number 27. X ADDITIONAL CITY COMMISSION CONDITIONS TJH:dim J:\SHRDATA\PLANNING\SHARED\WP'~PROJECTS\SHPSWOOL'~EXPO\COND. OF APPROVAL-NWSP. DOC ¸ir EXHIBIT "G" Conditions of Approval Project name: Shoppes of Woolbright PCD File number: MPMD 97-007 Reference: The plans consist of 2 sheets identified as 2nd Submittal, Master Plan Modification. File # MPMD 97-007 with a January 16, 1997 Planning and Zoning Department date stamp. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Provide a copy of the agreements allowing stormwater from this parcel X to be treated on the P.U.D. property. The off-site stormwater retention pond is expected to be maintained by the P.U.D., whereas this project is in the P.C.D. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Master plan needs to be signed and sealed and dated by design X professional. 3. Due to the proposed subdivision of the property north of Home Depot X and relocation of the property line between Home Depot and the subject property, platting is required. 4. Show on master plan a 4 foot sidewalk abutting the "Future Retail" and X "EXPO Design Center". Provide accessibility to commercial buildings with sidewalk on the south side of Purple Heart Way. BUILDING DIVISION Comments: 5. Add to the proposed master plan notes and symbols that represent the X location of the required accessible parking spaces. The configuration of the accessible spaces shown on the plan is inconsistent with the accessibility code. Also, add to the required parking calculations the computations that would determine the minimum number of required accessible parking spaces including identifying the number provided for the improvements proposed with the subject request. [Florida Accessibility Code for Building Construction, Section 4.1.2(5)(a), Parking Spaces] · Page 2 Shoppes of Woolbright PCD - EXPO File No.: MPMD 97-007 I DEPARTMENTS INCLUDE I REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING DIVISION 6. Provide clause on the survey stating property was abstracted as required X by Land Development Regulations, Chapter 4 Section 7.A. 7. The required 25 foot landscape buffer along the northern property line X shall be included entirely within the PCD boundaries and not encroaching into the public right-of-way. Correct location of buffer accordingly. (Proposed settlement revisions will waive this code requirement.) 8. Replat shall include a landscape buffer easement dedicated to X maintenance association (or others) in Purple Heart Way to ensure maintenance of landscaping by someone other than the city. 9. Square footage totals of outbuilding and retail space east of outbuilding X must be revised to not exceed the approved 157,000 square feet. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 10. Comment No. 3 to be reviewed by the city attorney and staff prior to X the Commission meeting to determine whether the proposed ownership of the requested parcels and buildings alter existing unified control agreements and the plat of the property. ADDITIONAL CITY COMMISSION CONDITIONS TJH:dim JSSHRDATAtPLANNING\SHARED\WP~PROJECTS\SHPSWOOL\EXPO\COND. OF APPROVAL-MPMD.DOC\ DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-043 TO: FROM: DATE: SUBJECT: Jim Cherof City Attorney Tambri J. Heyden, AICP ~ Planning and Zoning Director February3,1998 Revisions to conditions of approval for Shoppes of Woolbright master plan modification and Home Deport Expo Design Center Based on staffs and your discussion with the applicant yesterday for the above-referenced projects, it is requested that the Commission approve the following changes tonight with respect to sidewalks, freestanding signage, the greenbelt buffer location and maintenance, replatting and unified control. These issues were either raised at the Planning and Development Board meeting last week or have arisen since the meeting: Master Plan Modification (Exhibit G) - Reword comment #3 to read "Since the proposed reconfiguration of the property north of Home Deport will combine the Expo Design Center building and a portion of the parking area with the existing Home Deport property and will create only one new parcel encompassing the remaining property fronting S.W. 8th Street, the 20,000 square foot future retail building attached to the Expo Design Center and a portion of the parking area, replatting is not required. However, provide a revised copy of the reciprocal access and easement agreement and the unified control agreement to include the Expo Design Center for review by Planning and Zoning and Legal staff." b) Delete comment #4. c) Reword comment #7 to read "The required 25 foot landscape buffer along the northem property line shall be included entirely within the PCD boundaries and not encroaching into the public fight-of-way. Correct location of buffer accordingly. Pending settlement revisions will waive this code requirement, l:. ..... .~.---~,,.~z.-:.t'-z,~!z~*~ Page 2 of 2 Memorandum No. PZ98-043 Reword comment #8 to read "Submit a recordable landscape buffer maintenance agreement to provide for maintenance, by someone other than the city, of the portion of the greenbelt proposed within the Purple Heart public fight-of-way." New Site Plan (Exhibit I-I) - e) Delete comment #13 f) Reword comment # 20 to read "The proposed 270 square foot site sign which will replace the existing sign on Woolbright Road exceeds the maximum 160 square foot sign area allowed by the sign code. Therefore, amend the sign to show no more than 160 square feet of signage unless otherwise resolved by the pending revised settlement agreement. Add the color name and color code for the sign colors shown on the proposed site sign. Also, identify the colors proposed for the sign frame and sign structure. [Chapter 21 - Sign Code, Article IV, Section 3.B.] TJH:dim XC: Susan Prillaman Mike Morton Mike Covelli Greg Kino i:~SHRDATA~PLANNING\SHARED\WP~PROJECTSk~IPSWOOL',REV TO COFA 2-3 CC AGENDA.DOC