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Minutes 12-02-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 2, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager James Cherof, City Attorney Janet Prainito, Deputy Clerk I. OPENINGS Call to Order - Mayor Jerry Taylor Invocation- Pastor Conrad Braaten- Ascension Lutheran Church Pledge of Allegiance to the Flag led by Commissioner Henderson Tillman Mayor Taylor called the meeting to order at 6:35 p.m. In the absence of Pastor Braaten, Commissioner Jaskiewicz offered the invocation. Commissioner Tillman led the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections City Attorney Cherof requested that Item XII.B be tabled until the next meeting because the proposed rules were .lust completed two days ago and the Labor Management Committee has not had the opportunity to see them. Mayor Taylor added Item X.B (Civil Service Board). Commissioner Tillman added Item III.A.3 (Competitive Grant Funding and Core Grant Funding from the County). 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion, which carried 4-0. At this time, City Manager Willis announced that Vice Mayor Titcomb is absent because he was asked to sit on a HeadStart 2002 Steering Committee that is currently meeting in Atlanta, Georgia Mayor Taylor added that only a certain number of individuals were selected throughout the entire United States to serve on this committee. He was honored that someone from Boynton Beach was chosen to do so. II. ADMINISTRATIVE Accept resignation from Herman Gold, Regular Member, Community Relations Board MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Accept resignation from Angela Dencker, Alternate Member, Advisory Board on Children & Youth Commissioner Bradley moved to accept Mr. Gold's and Ms. Dencker's resignations. Commissioner Tillman seconded the motion, which carried 4-0. C. Appointments to be Made Appointment Length of Term To Be Made Board Expiration Date IV Tillman Building Bd. Of Adj. & Appeals Reg 3 yr term to 4~00 III Jas kiewicz Code Enforcement Board Alt Iyr term to 4/98 IV Tillman Code Enforcement Board Alt 1 yr term to 9/98 11 Bradley Community Relations Board Alt 1 yr term to 4/98 IV Tillman Community Relations Board Alt 1 yr term to 4/98 Mayor Taylor Community Relations Board Reg 3 yr term to 4/00 I Titcomb Community Relations Board Reg 3 yr term to 4/99 II Bradley Community Relations Board Reg 3 yr term to 4/98 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/00 III Jaskiewicz Education Advisory Board Reg 2 yr term to 4/99 · IV Tillman Education Advisory Board Alt 1 yr term to 4/98 Mayor Taylor Library Board Alt 1 yr term to 4/98 IV Tillman* Library Board Alt 1 yr term to 4/98 · IV Tillman S.H.I.P. Affordable Housing Alt I yr term to 6/98 Mayor Taylor S.H.I.P. Affordable Housing Alt 1 yr term to 6~98 III Jaskiewicz Adv. Bd. Children & Youth Alt 1 yr term to 4/98 No appointments were made to any of the boards this evening. III. ANNOUNCEMENTS & PRESENTATIONS -1 TABLED-2 TABLED-2 TABLED-2 TABLED-2 TABLED-2 -1 -1 -1 -1 -1 TABLED-2 TABLED-3 TABLED-2 -1 -1 A. Announcements "Santa's Tropical Holiday" - City of Boynton Beach 27th Annual Holiday Parade - December 7, 1997 at 3:00 p.m. Mayor Taylor made this announcement and advised that the parade route will be the same as last year. City Manager Willis added that the Department of Transportation has been working with us to minimize the disruption. Unfortunately, there will be some construction and we will try our best to work around it. City Commission, Chamber of Commerce and Planning & Development Board Workshop Meeting to discuss 'community design, lighting levels, sign ordinance and ratificatiOn of board actions - Monday, December 8, 1997, at 6:00 p.m. in Conference Room C Mayor Taylor made this announcement. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 3. Competitive Grant Funding and Core Grant Funding from the County Commissioner Tillman advised that on Wednesday, November 19, 1997, the Overall Economic Development Program Committee reviewed projects that were submitted for Development Regions Grant. Based on the positive factors that were presented, they will be recommending a competitive grant for Dolphin Plaza in the amount of $83,000, and core grants in the amount of $25,000 each for Caf~ Barista, Scully's Market, and Fisherman's Catch. These grants will be submitted to the County Commission for approval. He commended City staff and the City CommissiOn for their efforts, and the City Manager's Office for spearheading this for the community. Mayor TaylOr stated that the City Manager's Office and staff are doing a tremendous job to make sure that Boynton gets a share of the grant money from the County. This should make a difference in our downtown area. B. Presentations With the assistance of Carol Cheek, Human Resources Coordinator, Mayor Taylor and City Manager Willis presented the following employees with certificates and pins: 1. Presentations to Early Retirement Participants by Mayor & City Manager Ann Agolio Autis Adkins Anthony Albury Frederick Birdsall Jean Birdsall James Boyd Dolores Cestaro Marion DiPasquale Nora Drake Jewel Farmer Carel Fisher Charles Frederick Gerard Gilles Richard Haylock Mattie Hirth Hubert Hurst Barbara McPherson Dorothy Moore Alfred Newbold Alice Otis Charles Persing Ulrick Philippe Joanne Powell Roger VanKorlaar Alonzo Vreeland Robert Wandelt Customer Relations Parks Facilities Utilities Police Administration Parks Library Police Administration Library Risk Management Public Works Parks & Recreation Development/Building Utilities Development/Building Code Enforcement Police Administration Development/Building Development/Building Library Development/Building Facilities Customer Relations Parks Vehicle Maintenance Code Enforcement MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Daniel Bell James Bonomini William Cavanaugh Joseph DeMarco James Herig Henry Kamiya Michael Keefe Gene Kight Kenneth Overby Alan Picklesimer James Rhoden Rodney Vicki James Brooks Santos Carrion Steven Grenier Marion Harris John Hollihan David Nissensohn Theodore Padich Patrick Smith Donald Thrasher Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Fire Police Police Police Police Police Police Police Police Police 2 Presentation of Employee Service Awards 25 YEARS Anthony J. Albury Joe G. Blanco Steven Gale John F. Hollihan Lana M. Koester Harry F. Meeks DEPARTMENT Facilities Management Utilities/Water Distribution Fire Police Purchasing Recreation 20 YEARS Dora L. Formanek Marcia A. Hochdorfer Kenneth D. Overby Royston Reddick DEPARTMENT Utilities/Public Water Operations Police/Code Enforcement Fire Utilities/Public Water Maintenance 15 YEARS Michael A. Andrews Gregory M. Bean William J. Boule Richard Connelly, Jr. David A. Egnor David M. Gainsborg Eric Jensen Laurie A. Madigan Ronald E. Panucci DEPARTMENT Utilities/Water Distribution Police Facilities Management Police Police Police Police Police Police DECEMBER 2, 1997 POSITION Foreman III Asst. SupervisodMeter Readers Deputy Fire Chief Police Lieutenant Purchasing Agent Recreation Leader POSITION Chief Operator/Public Water Clerk II Fire Captain Utility Maintenance Mechanic II POSITION Crew Leader Police Sergeant Foreman III Police Officer Police Officer Police Sergeant Police Sergeant Clerk III Police Officer MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 - Robert C. Sears Leon Traylor Gary R. Werner Fire Police Public Works/Roads & Streets Firefighter Ill Police Officer Equipment Operator III 10 YEARS Alan J. Brock Gary A. Chapman Barbara Conboy William P. Craig Nicholas Dellibovi Michael Diesel Zelma Durante Steven R. Evans Donald L. Harbol Roger Kuver Marshall L. Souther William Tome DEPARTMENT Utilities/Public Water Operations Police Utilities/Utilities Administration Recreation Utilities/Utility Pumping Station Police Library Utilities/Lab Services Utilities/Utility Pumping Station Utilities/Utilities AdministratiOn Building Police POSITION Water Plant Operator III Police Sergeant Procurement Assistant Beach Parking Attendant Utility Maintenance Mechanic School Crossing Guard Library Relief Clerk Supervisor of Lab Services Building Maintenance/Mechanic II Survey Party Chief Building Inspector II Police Officer Mayor Taylor pointed out that we are one community, so even though these employees are retiring, it does not mean that they are not part of the team. On behalf of the City Officials and the City, he expressed appreciation to these employees for their good and faithful service and wished them continued success. At 7:03 p.m., Mayor Taylor declared a recess for a reception for the above employees. He called the meeting back to order at 7:20 p.m. IV. CONSENT AGENDA A. Minutes 1. City Commission Workshop Meeting of November 7, 1997 Commissioner Bradley moved to approve the minutes of the City Commission Workshop of November 7, 1997. Commissioner Tillman seconded the motion, which carried 4-0. Joint City Commission/Chamber of Commerce Meeting of November 10, 1997 Commissioner Tillman moved to approve the minutes of the Joint City Commission/Chamber of Commerce Meeting of November 10, 1997. Commissioner Jaskiewicz seconded the motion, which carried 4-0. 3. Regular City Commission Meeting of November 18, 1997 Commissioner Jaskiewicz moved to approve the m~nutes of the Regular City Commission Workshop of November 18, 1997. Commissioner Tillman seconded the motion, which carried 4-0. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Bids - Recommend Approval- All expenditures are approved in the 1997-98 Adopted Budget Approve purchase of an additional curbside/dual side recycling collection vehicle off an existing BID #049-507-97/CJD from Clarke Waste Systems, Inc., Davie, Florida, for a G-S Products/Model 5034-D/Body with an International (Navistar) Model 4700 w/Fontaine Cab/Cab & Chassis, in the amount of $79,189.75 Approve purchase of an Engine Analyzer/Sun Machine 450, utilizing the State SNAPS Agreement #075198 - Contract Period: 6/19/97 to 6/18/98 -from SNAP ON, INC., Norcross, GA, in the amount of $26,784.10 Approve annual contract for office supplies with awards to Corporate Express and Office Max (Bid No. 005-502-98/SP) Approve purchase from COMP USA of 82 Compaq Lap Top Computers in the amount of $219,350 under the state negotiated price schedule #250-040-96-1 under the Federal Government COPS MORE grant program for the Police Department Resolutions Proposed Resolution No. R97-195 Re: Approving the reduction of surety for the Santa Cruz development from $193,426 to $9,700. Proposed Resolution No. R97-196 Re: Authorizing execution of Palm Beach County Development Regions Core Grant Agreement in the amount of $50,000 under the first round of the Development Regions Grant Program, as well as execution of a competitive grant agreement totaling $80,000. Proposed Resolution No. R97-197 Re: Approving conveyance of title of three lots for construction of two single family homes to Habitat for Humanity located in Rolling Green Ridge, 2® Addition. Proposed Resolution No. R97-198 Re: Authorizing execution of facility rental agreement with Palm Beach Community Duncan Theatre for children's dance recital. Proposed Resolution No. R97-199 Re: Authorizing execution of an amendment to Section 111 of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Agreement. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 D. Ratification of Planning & Development Board Action New Site Plan for Alhambra North (Application Denied by Planning & Development Board on August 26, 1997) ...................POSTPONED TO 12/2 CITY COMMISSION MEETING New Site Plan for East Ridge PUD Authorize sale of Carry-all Utility Vehicle to Jim Belei, Golf Course Maintenance Mechanic Authorize submittal to collection agency of uncollected fire inspection fees and roll-off dum pster fees (total amount $62,851) Approve refund on Crypt B-5, Sunset Building, Section D, at the Boynton Beach Mausoleum purchased by Eleanor M. Ranallo (refund amount $2,928) Approve Records Disposition Request No. 348 for destruction of Golf Course records, which has been approved by the state. Approve waiver of building permit fees (approximately $5,600) for county construction of in-line hockey skating rink at Caloosa Park. Motion Commissioner Bradley moved to approve the Consent Agenda. seconded the' motion, which carried 4-0. Commissioner Tillman V. CITY MANAGER'S REPORT None. VI. PUBLIC AUDIENCE James Gostel stated that the City demolished his house after Scott BlaSie told him that it would not be; that the City would board it up when he left the property willingly. He held the City and the City Commission responsible. He looked forward to taking Code Enforcement into Court because they have been persecuting him and not prosecuting him. He stated that the City will pay for his property that they destroyed. Dee Zibelli, 440 Ocean Parkway, advised that the trash and garbage in the north end of the City was not picked up for seven days. This does not enhance the appearance of the community, which we are trying to improve. City Manager Willis promised to look into this matter. No one else wishing to address the Commission, Mayor Taylor declared the Public Audience cloSed. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 VII. PUBLIC HEARING Project: Agent: Owner: Location: Description: Cedar Ridge Estates PUD Joe Basile, Cedar Ridge Development, Inc. Condor Investments of Palm Beach County 6.376 acres of property east of High Ridge Road, west of 1-95, approximately % mile south of Hypoluxo Road Request to amend the future land use map of the Comprehensive Plan from Low Density Residential to Public and Private Governmental/Institutional and rezone from Planned Unit Development to R-1AA, Single-family Residential the northeast portion of the Cedar Ridge PUD, which was formerly approved for 11 single-family lots. TABLED FROM 1'1118/97 CITY COMMISSION MEETING) Motion Commissioner Jaskiewicz moved to remove this item from the table. Commissioner Bradley seconded the motion, which carried 4-0. City Attorney Cherof advised that the property in question, with respect to a portion of the road within the parameters of this rezoning and land use amendment, came before the Commission previously for abandonment of Forest Court. The Commission approved the abandonment with one minor condition~ which he believes has been satisfied. The Commission now has to adopt a resolution of abandonment and a disclaimer with respect to any interest in that property. He suggested that the Commission approve this item with the'following changes to Exhibit B (the conditions of approval): · Delete Planning and Development Board condition number 1; and Add an additional City Commission condition that requires that the resolution of abandonment and disclaimer of interest be adopted prior to or contemporaneously with final reading of the rezoning and land use amendment ordinances. He advised that first reading of the ordinances will take place on December 16th and final reading and the public hearing will take place on January 6th. Tambri Heyden, Planning and Zoning Director, and Richard Harris, who was present on behalf of Lake Worth Christian School, had no objections to City Attorney Cherof's recommendation. Motion Commissioner Bradley move to delete Planning and Development Board comment number 1 and add a City Commission condition per the City Attorney's comments. Commissioner Tillman seconded the motion, which carried 4-0. viii. BIDS None. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 IX. DEVELOPMENT PLANS None. X. NEW BUSINESS Appointment of city representative and alternate to the Palm Beach County Wide Beaches and Shores Council This appointment is necessary since Charles Frederick, the present city representative, is retiring. Looking over the requirements, Commissioner Jaskiewicz nominated Kevin Hallahan. Motion Commissioner Jaskiewicz moved to appoint Kevin Hallahan as the City representative to the Palm Beach County Wide Beaches and Shores Council. Commissioner Tillman seconded the motion, which carried 4-0. An alternate was not previously appointed. City Manager Willis asked that Mr. Hallahan notify her if he is unable to attend any of the Council's meetings. B. Civil Service Board Mayor Taylor'advised that Lantana sunset their Civil Service Board because they felt the Civil Service Board was a step that bogged them down and they wanted to streamline their Civil Service system. Their Civil Service is controlled by ordinances and ours it controlled by the Charter. He felt that if our Civil Service Board was sunset, we would be more effective. He stated that the City Manager is paid to make good and fair decisions and she can be held accountable. He pointed out that when the Civil Service Board makes a mistake, it costs the taxpayers. The members of the Civil Service Board are not accountable to the taxpayers because they are not elected. In a situation where it could cost the City thousands or millions of dollars, he felt people should be held accountable. He asked the Commission to direct the City Attorney to draw up a ballot question for March for the electorates to vote on whether or not to sunset the Civil Service Board. He was interested in streamlining the procedure so that it would go to a grievance then to the City Manager or some other determining body, With the COurt making the ultimate decision. Commissioner Jaskiewicz inquired about the possibility of a grievance committee acting in the capacity of a Civil Service Board. City Manager Willis advised that under the Civil Service system as it now stands, there is currently a Grievance Committee that acts as an advisory board to the Office of the City Manager. Commissioner Bradley wondered if other cities have a layer where arbitration would take place or a grand master hired to hear and rule impartially on an issue or a grievance. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Mayor Taylor objected to binding arbitration because he followed a lot of cases where he disagreed with the way they were resolved. Commissioner Bradley inquired about the purpose of non-binding arbitration. Mayor Taylor felt it was an exercise in futility because if the employees do not agree, they will take it to court anyway. Lantana eliminated all the middlemen because they felt that sooner or later it will end up in Court. Commissioner Tillman asked what kind of committee would exist under the new policy manual. City Attorney Cherof advised that there would not be a committee. Commissioner Jaskiewicz asked where the grievance committee Procedure fits in. Mayor Taylor stated that under the new policy, employees can go to the Personnel Director. If they do not agree with the Personnel Director's decision, they can appeal to the City Manager. Commissioner Bradley was concerned that emplOyees may feel like the movement we made to grandfather them in would become hollow if there is no board to hear their case. · City Attorney C'herof was directed to draft a proposed ordinance to sunset the Civil Service Board to go to referendum on the March ballot. Xl. LEGAL A. Ordinances -- 2nd Reading - Public Hearing None. Ordinances- 1st Reading Proposed Ordinance No. 097-52 Re: Amending Ordinance No. 097-40 containing ballot question abolishing Civil Service system to include grandfather clause for current employees Mayor Taylor suggested tabling this item until a full Commission is present. Motion Commissioner Tillman moved to table this item until a full Commission is' present. Commissioner Jaskiewicz seconded the motion, whiCh carried 4-0. C. Resolutions Proposed Resolution No. R97-189 Re: Authorizing the Mayor and City Clerk to execute an interlocal agreement, between the City of Boynton Beach, the City of Delray Beach, and the'City of Boca Raton, providing for creation of the SoUth Palm Beach County Public Safety Communications Cooperative (TABLED FROM 11118197 CITY COMMISSION MEETING) ]0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Motion' Commissioner Jaskiewicz moved to remove this item from the table. Commissioner Bradley seconded the motion, which carried 4-0. City Manager Willis requested that this item be tabled once more. Since it is quite a cOmmitment, she would like to research this more and speak to other City Managers. She pointed out that it has not been before any other City Commission yet. Motion Commissioner Jaskiewicz moved to table this item. Commissioner Tillman seconded the motion, which carried 4-0. D. Other Approve settlement in the case of John D. Hollinger v. City of Boynton Beach, et al, in the amount of $17,500 Motion Commissioner Bradley moved to approve this settlement. Commissioner Tillman seconded the motion, which carried 4-0. Consider lien release for Code Compliance case No. 96-4147 covering property at 3184 Ocean Parkway requested by Richard Pasley of South Palm Realty, Inc. Motion Commissioner Bradley moved to release this lien. Commissioner Tillman seconded the motion. Commissioner Jaskiewicz asked Commissioner Bradley if he wanted to release the lien as an administrative fee of $200 to $250. Commissioner Bradley did not desire to impose a lien or administrative costs because Mr. Pasley has been cooperative. In addition, he pointed out that the goal is to get the property in good shape. Commissioner Jaskiewicz asked if Mr. Pasley has a certain time within which to bring this property into compliance. Mr. Blasie answered affirmatively. He added that Code Compliance has a long history of working with Mr. Pasley on hundreds of properties in Boynton Beach and he has always been cooperative. Commissioners Bradley and Tillman agreed to amend the motion to state that the property has to be upgraded within 60 days. The motion carried 4-0. ]! MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Consider lien release for code compliance case No. 96-292t covering property at 134 NW 14th Avenue requested by liomane Bdvaus and Jos Demesmin. Commissioner Bradley asked if the delay in compliance was due to a breakdown in communication. Scott Blasie, Code Compliance Administrator, stated that Mr. Demesmin appeared at the Code Compliance Board hearing, pled no contest, and requested time to comply. However, he did not know if Mr. Demesmin understood. Mr. Demesmin's brother-in-law translated for him. He stated that when Mr. Demesmin first appeared before the Code Compliance Board, he did not understand exactly what had to be done. He also did not understand that he was supposed to cai for an inspection when he complied. Mr. Blasie advised that the violation involved the swale area; however, the rest of the property has always been maintained. Mayor Taylor asked if Mr. Demesmin now understands that it is his responsibility to maintain the Swale. Mr. Demesmin's brother-in-law answered affirmatively. Motion Commissioner Bradley moved to delete the lien. Commissioner Tillman seconded the motion, which carried 4-0. Commissioner Bradley asked how the language barrier situation will be tackled in the future. Mr. Blasie explained that if we know that there is going to be a language barrier, we consult other City staff who speak the same language. Interviews for a couple of positions have recently been completed and there were at least three very good bilingual candidates. Therefore, we should be able to tackle the language barrier situation better in the future. Commissioner Jaskiewicz noticed in the backup material that Inspector Joan Mormelo could not enter the premises because of a locked gate. She was concerned that the inspectors do not have access to properties. Mr. Blasie advised that the inspectors just have to keep going back or go there on the weekends and in the evenings. Commissioner Jaskiewicz pointed out the importance of the people responding to the mail they receive from Code Compliance. City 'Manager Willis suggested using bilingual door hangers and promised to work on that. XlI. UNFINISHED BUSINESS A. Update on Visions 20~20 Planning Study Ms. Heyden advised that as of last week, we are now on week 25 of our 49-week study. There are a few tasks that are a little behind schedule. The consultants would like the City Commission to postpone three of the tasks and change one. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 Task 2.3 (declaration of blight report for the CRA expansion area) was a little behind schedule; however, the consultants have now finished it. There has been a request to postpone Task 3.6 (neighborhood travel linkages calming device recommendations, and residential target area analysis) until December 19th and the CRA parking strategy until the end of January. Due to the time frame selected by the City Commission for the target areas for the residential part of the study and the refinement of the marina project and how it ties into the Ocean Avenue district, Ms. Heyden felt these time frames were reasonable. This will not postpone the completion of the project. The consultants would like to change Task 4.2 (a weekend symposium). On a Saturday afternoon, in the downtown area, the consultants planned to have a walking tour of Ocean Avenue and Boynton Beach Boulevard with the merchants to get feedback. Since the consultants attended many association and merchant association meetings, they feel they have enough feedback and are making design plans right now. Therefore, this task is no longer necessary. Mayor Taylor had no objections to the consultants' requests. However, he noticed that they indicated that they had done a substantial amount more public participation than what was in the project scope. In the future, he would like the City Commission notified of these things beforehand. He pointed out that the consultants met with groups that had the opportunity to attend other briefings. Ms. Heyden agreed with Mayor Taylor and advised that she had discussed this with Mr. Iler. She explained that people had been contacting him directly and she was not aware that he was attending all those meetings. From now on, he will let her know when he has been requested to attend a meeting. Mayor Taylor advised that neither Leisureville nor Mr. Iler have an overhead projector and suggested the City loan them one to show slides at their meetings. Ms. Heyden advised that Mr. Brady just gave her a draft of the first newsletter that is going to be provided to all the residents. This newsletter summarizes the progress made to date. Commissioner Bradley had no objections to the consultants' requests either. However, at the November 4th meeting, he felt there was a consensus for James Duncan and Associates to take a cursory look at the economics in the area. He had hoped that this would lead to some good discussion between James Duncan and Associates and Camp Dresser and McKee as this drainage lake comes on line. However, he received copies of faxes between the two and was disappointed because CDM's response looked pretty boilerplate to him. He was hopeful that these two groups who are serving at the wishes and desires of the Commission and the residents of the City of Boynton Beach would cooperate with one another. He felt somebody should facilitate getting them to talk and work together. In addition, he stated that Hank Skokowski informed him that John Guidry told him to back off. He said Mr. Skokowski suggested looking at doing a second pond on the east side of Federal Highway in a nearby location. You can utilize more building and more creative development around two smaller ponds than one big one. However, Mr. Guidry asked him who was going to 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 pay for that. Commissioner Bradley pointed out that this is not a question that the Utility Department should ask the planners. He was concerned that this project is just being shot out of a cannon and we are not taking advantage of the consultants on the planning end and on the design, end. He strongly believed that this project is being driven far too quickly and that not enough careful consideration is being given to the overall plan. Commissioner Jaskiewicz felt the problem is that each group's prospective is different. City Manager Willis read the following from a fax that she received from Mr. Guidry this afternoon: "Mr. Skokowski's suggestions, however, would involve using several additional properties to include Boynton Plaza, Barnett Bank, First Financial Plaza, and part of the marina property, plus the closing of the City street on N.E. 6th Court. Three of the properties are currently developed with the fourth, the marina, having a valid development order from the City. Their tax assessed property values total $5.4 million.' Obviously, we do not have sufficient funds available to buy this additional land in the foreseeable future and will not have the funds without additional bonding capability." Commissioner Bradley stated that the real issue is that a study was never done to look at the economic value of the land over the carrying period to decide if it is worthwhile to put the money together to buy those properties or build a five acre lake. There was consensus for James Duncan and Associates to do that; however, it was never done because we did not insist that they do it. It is the Commission's responsibility to make sure that those things occur. Instead of receiving copies of faxes between the two groups, in her next weekly report, Commissioner Tillman would like City Manager Willis to report on James Duncan and Associates' position and their discussions with CDM. Commissioner Bradley felt it was foolish to spend money on an infrastructure that cannot be moved. He stated that we have not studied the possibilities. We have just gone with what was recommended. Mayor Taylor felt we are moving forward on a lot of fronts. One of the things that was stated upfront was that they would work around the City's development and we would work with them · too. However, we were not going to stop and study this for another year or two. We were going to proceed with projects we had on the drawing board and they would work with us. That was part of their direction when we hired them. They are just consultants and the City has the ultimate decision. They are looking at the long term and a lot of the projects we are working on now are short term. Commissioner Bradley stated that the consultants are giving us some ideas about the marina area. At the same time, we are talking about big earth moving equipment digging a big retention pond. He wondered if we should be coordinating that effort. He felt it would not take longer than two weeks or three weeks to study those numbers. He was completely opposed to putting everything off for six months. Mayor Taylor stated that the consultants proposed using a lot more land than we anticipated in order to bring the water out to Federal Highway. Those are nice ideas; however, we have to be a little realistic. ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 2, 1997 B. Proposed Personnel Rules & Regulations from Labor Management Committee At the request of City Attorney Cherof, this item was tabled until the next meeting to give the Labor Management Committee an opportunity to review the proposed personnel rules and regulations that just were completed two days ago. Xlll. OTHER None. XlV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:10 p.m. CITY OF BOYNTON BEACH ,~.,e/M~ y o r " / ATTEST: Cit~Clerk Recording Secretary (Two Tapes) Commissioner 'Cor~missioner ' DEVELOPMENT ORDER OF THE '- CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: East Ridge PUD APPLICANT: DeGraf, Inc. APPLICANT'S AGENT: John A. Grant, Jr., Inc. DATE OF HEARING BEFORE CITY COMMISSION :November 18, 1997 TYPE OF RELIEF SOUGHT: New site plan approval (landscaping and buffer wall) LOCATION OF PROPERTY: 100 feet northeast of the intersection of N.E. 4th Street and N.E. 20th Avenue DRAWING(S): SEE EXHIBIT "B" 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 "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. 7. Other DATED: J~Plan ning\SHARED\WP\FORMS\DEVE LOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: East Ridge PUD File number: NWSP 97-020 Reference: The plans consist of 7 sheets identified as 1 st Review, New Site Plan. File # NWSP 97-020 with a October 2, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS [ iNCLUDE I REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Palm trees shall be the only tree species allowed within utilities X easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. The plan shows several apparent conflicts with proposed water and sewer lines, and other utilities. These conflicts must be addressed on the permit set of drawings by either relocating the trees or changing to a palm species. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. 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 and irrigation. Permits required from other permitting agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with any permit requests. 3. All requirements of LDR, Chapter 5 (Platting) must be complied with, X including previous development order comments. 4. On sheet 3 of 7, change name of drawing from master plan to site plan as X a master plan with all TRC signatures is already approved. 5. Paving and drainage review has been made under the required X improvement plans associated with the plat. Any remaining comments will need to be addressed prior to issuance of a land development permit. Page 2 East Ridge PUD File No. NWSP 97-020 DEPARTMENTS I iNCLUDE I REJECT BUILDING DIVISION Comments: 6. Place a note on sheets L-2 and L-3 of 3 that identifies the entity that is X obligated to perpetually maintain the landscaping. [Chapter 7.5, Article II, Section 5.A.] 7. On sheet L2 of 3 and L-3 of 3, specify with notes and symbols the X location and specie of sod for all impervious areas of the site. On sheet L-3 of 3, delineate the limits of the mulched planting beds. [Chapter 7.5, Article II, Section C.6.] PARKS AND RECREATION Comments: 8. The developer needs to pay the recreation impact fee prior to completion X of the plat documents (i.e. - Commission approval being granted). FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Land Development Regulations, Chapter 4, Section 7.B.2 requires that X signage information consistent with Chapter 9 - Community Design Plan, Section 10.I. and Chapter 21 - Sign Code, Article IV, Section 7 be provided at the time of site plan submittal. Since the information regarding size, design and color of proposed signs on the property is not included in this submittal, another formal submittal will be required to be reviewed by the Planning and Development Board, prior to sign permits being issued for any of the proposed buildings. 10. Provide a comment on the site plan submitted for permit that the 6 foot X high buffer wall will be finished with stucco and painted and maintained with a color resembling the color of the finish material of the residential (principal) structures. Include the color name, color code and paint manufacturer. Chapter 9, Section 10.E. Page 3 East Ridge PUD File No. NWSP 97-020 ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. Stagger (triangulate) the trees along the railroad. X 12. Vary the number of species of plant material to include a minimum of X three (3) different types of species. 13. Change the type of grass in the retention area from Bahia to St. X Augustine and provide irrigation for it. ADDITIONAL CITY COMMISSION CONDITIONS TJH:dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\EAST RIDGE\NWSP\COND. OF APPROVAL.DOC