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Minutes 11-04-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 4, 1997, 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 A. B. C. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner Matt Bradley Mayor Taytor called the meeting to order at 6:36 p.m and offered the invocation. Commissioner Bradley led the Pledge of Allegiance to the Flag, D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Item IV.D.1 - "New Site Plan for Alhambra North". be postponed until the December 2® meeting. Attorney Cherof requested that Item VII-A - "Cedar Ridge Estates PUD" be tabled until the November 18TM meeting. Commissioner Jaskiewicz requested the addition of Item X.B. "Reschedule Ocean Ridge Property Negotiations", Commissioner Bradley requested the addition of Item XIII.A. "Award of Contract to CDM". City Manager Willis requested the addition of Item V.C - "Preliminary Draft of CIP Report". At Mayor Taylor's request. Item X,A. "Support the formation of an ad hoc committee to discuss the possibility of a skateboard park", was moved up on the agenda to Item IIl.C. 2. Adoption Motion Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion that carried unanimously. MEETING 'MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date Bradley- Mayor Taylor* Bradley* Mayor Taylor* III Jaskiewicz* Titcomb* II Bradley* IV Tillman II Bradley III Jaskiewicz Civil Service Board Cemetery Board Code Enforcement Boarc Community Relations Board Community Relations Board Community Relations Board Library Board Library Board S.H,I,P. Affordable Housing S.H.I.P. Affordable Housing Alt Reg Alt Alt Alt Reg Alt Alt Reg Reg 2 yr term to 4/99 TABLED-3 3 yr term to 4/00 TABLED-3 1 yr term to 4/98 TABLED-3 1 yr term to 4/98 TABLED-3 ~ yr term to 4/98 TABLED-3 3 yr term to 4/00 TABLED-3 1 yr term to 4/98 TABLED-3 1 yr term to 4/98 1 yr term to 6/98 -1 1 yr term to 6/98 -1 *NOTE: Indicates Appointment VVill Rotate at Next Meeting If Not Filled Motion Vice Mayor Titcomb moved to remove Commissioner Bradley's tabled Civil Service Board and S.H.I.P Committee appointments from the table. Commissioner Bradley seconded the mobon that carried unanimously. Commissioner Bradley appointed Gerald Broening as an alternate member of the Civil Service Board. Commissioner Bradley moved Richard Wall from his current alternate position to a regular position on the S.H.I.P. Affordable Housing Advisory Committee. Motion Vice Mayor Titcomb moved to accept the appointments and table the remaining appointments Commissioner Bradley seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcement: City Commission Workshop Meeting - Friday, November 7, 1997 at 4:00 p.m., in Commission Chambers regarding Utility Billing Mayor Taylor made this announcement, City Commission Executive Session for Contract regarding Bargaining Negotiations - Monday November 10, 1997, at 6:00 p.m., in the City Manager's Conference Room "B" 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Mayor Taylor made this announcement. City Commission/Chamber of Commerce Joint Workshop Meeting - Monday, November 10, 1997, at 7:30 p.m., in the Library Program Room Mayor Taylor made this announcement. T.N.T. Concert - Oceanfront Park - Friday, November t4, 1997 from 5:00 p.m. to 8:00 p.m. Cheex - Top 40s Mayor Taylor made this announcement. B. Presentations: Proclamations: Boynton Veterans Council "Veteran's Day Celebration" - November 9, 1997 Mayor Taylor read a Proclamation declaring November 9TM as. "Boynton Veterans Council Veteran's Day Celebration". and presented it to Bob Borovy. Mr, Borovy thanked the Mayor for the Proclamation and invited all to attend the ceremony on November 9th. b. "America Recycles Day" - November lS, 1997 Mayor Taylor read a Proclamation declaring November 15TM as. "America Recycles Day". Presentation from Paint Your Heart Out of Palm Beach County, Inc. to the City of Boynton Beach - Octavia Sherrod Octavia Sherrod reported that October 25TM was "National Make a Difference Day", The City of Boynton Beach participated in "Paint Your Heart Out". Thirty-four houses in Palm Beach County were painted on that day, and four of those houses were in the City of Boynton Beach. Of the four houses, one was sponsored by City employees, two were sponsored by Publix, and the remaining one house was sponsored by The Home Depot. Ms. Sherrod presented a plaque to Mayor Taylor in appreciation of the City's sponsorsh p of this program. In addition, certificates of appreciation have been prepared for the City employees who participated. Mayor Taylor thanked everyone who volunteered their time to participate United Way Kick-Off Presentation - Rod Macon, Chairman - Government Division Campaign Cabinet of United Way Mr. Macon thanked the City of Boynton Beach for its generous support of United Way in the past. Boynton Beach ~s one of the top two or three contributors in the County. This year's MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 campaign begins this week and continues through next week. He thanked the City for setting its goal at 20% more than last year. lfthe City reaches its goal. it will be the top city in Palm Beach County. Suppor~ the Formation of an Ad Hoc Committee to discuss the possibility of a Skateboard Park Charles Frederick. Recreation & Park Director, advised that this item was placed on the agenda on behalf of the Recreation & Parks Board. Over the past several months since we began Visions 20/20. there have been discussions among various groups throughout the. City about a skateboard facility within the City. This issue was brought to the Recreation & Parks Board. and it was their feeling that it would be appropriate to bdng the groups together to discuss this ~ssue and bring a plan back to the Commission. Bruce Black has voJunteered to chair this ad hoc committee. At this point, there is no way to determine when a plan will come back to the Commission However, staff will support this effort. City Manager Willis reported that she recently received a memorandum announcing the creation of an in-line skate park at Caloosa Cove. She suggested investigating the possibility of designing a joint-use facility. Mr. Frederick reported that he contacted the County today. County staff indicated that it might be possible to work something out. This could be a potential site to build a facility at Caloosa adjacent to the in-line skatepark Commissioner Bradley feels this is a terrific idea since such a facility is long overdue in this City. He reported that he viewed an hour-long videotape that completely covers the creation of this type of a park. Commissioner Bradley recommended that the youth of the community be used to help design the park and help operate it. This item should be considered in the City's bond issue. However. he pointed out that another way to get this project going would be to handle it like Kid's Kingdom. Perhaps we can get donations from corporations and volunteers to help build the park. Mr. Frederick advised that a few copies of the videotape would be available for Commission review through the City Manager's Office. Vice Mayor Titcomb supports this project 100% He requested that there be significant youth representation on this ad hoc committee. Commissioner Tillman feels this facility is long overdue. It will add nicely to our recreational plan. He is hopeful we witl also consider a bike velodrome in the future. Mayor Taylor is in favor of the formation of this ad hoc committee, and hopes they will make suggestions about possible locations for this facility. Once the Commission receives those recommendations, a decision can be made on how to proceed, Consensus There was a consensus of the Commission to move forward with Charles Frederick spearheading this program. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 IV. CONSENT AGENDA: A. Minutes: 1. City Commission Workshop Meeting of October 15, 1997 Motion Vice Mayor Titcomb moved to approve the minutes of October 15. 1997. Commissioner Bradley seconded the motion that carried unanimously. 2. Regular City Commission Meeting of October 2'1, 1997 I~lotion Vice Mayor Titcomb moved to approve the minutes of October 21. 1997. Commissioner Jaskiewicz seconded the motion £hat carried unanimously. COMMISSIONER BRADLEY REQUESTED THAT THE FOLLOWING ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION: C. 1 Proposed Resolution No. R97-182 Re: Confirming the appointment of Bulent Kasterlak as Director of Development for the City of Boynton Beach, Florida, and authorizing the City Manager to execute an appointment contract on behalf of the City with Bulent Kasterlak AND Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen Beach. Florida, for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. MA YOR TAYLOR ASKED THE COMMISSIONERS IF THEY WISHED TO REMOVED ITEM IV- D.4 FROM THE CONSENT AGENDA THIS ITEM WAS DENIED BY THE PLANNING & DEVELOPMENT BOARD ON A 6-0 VOTE. NO ONE WISHED TO REMOVE THE ITEM FOR DISCUSSION Bids - Recommend Approval - All expenditures are approved in the 1997- 98 Adopted Budget Award bid for "30-Self-Contained Breathing Apparatus and Optional Equipment with Trade-in of Surplus Units and Cylinders" - Bid #069- 221-97/CJD to Safety Equipment Company of Miramar, Florida for the Scott Air-Pak 50 in the amount of $85,244.70 Award bid for Purchase of One (1) Aerial Bucket With Articulating Lift Arm - BID #002-501-97/CJD to Rays/de Truck and Trailer of West Palm Beach, Florida in the amount of $17,485 MEETING MIN UTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 C. Resolutions: Proposed Resolution No. R97-182 Re: Confirming the appointment of Bulent Kastedak as Director of Development for the City of Boynmr Beach. Florida, and authorizing the City Manager to execute a~ appointment cbntract on behalf of the City with Bulent Kastedak Item C.1 was removed from the Consent Agenda for discussion. Proposed Resolution No. R97-183 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 16. 1997: Authorization to expend $20.000 from Sinking Fund on an Emergency Basis to Repair #5 Effluent Pump; Authorization to enter into a lease agreement with Omnipoint Communication Services to construct a monopole on the northeast corner of South Central's property; Authorization to increase J. J Kirlin's contract for the northwest reuse project from $4,539,795 to $4,595.784 to cover $55 989 of Change Orders: and Authorization to increase Ric Man's contract for the northwest reuse project from $2.477.738.09 to $2.535701'.75 to cover $57.963.66 of Change OCders. Proposed Resolution No. R97-184 Re: Approving Grant Agreements between the City of Boynton Beach and the U.S. Department of Housing and Urban Development for Funding Approvals of Community Development Block Grant Funding for the 1997-98 Fiscal Year Proposed Resolution No. R97-185 Re: Approving the release of surety for Nautica PUD Plat Two in the amount of $44.874.52 Proposed Resolution No. R97-186 Re: Recycling Truck Operator Approving job description for Proposed Resolution No. R97-187 Re: Supporting the Palm Beach County Municipal League ~n its Recommendation for an amendment [o the proposed changes by the Palm Beach County Department of Environmental Resources Management to Section 9.4 Wetlands Protection of the Unified Land Development Code D. Ratification of Planning & Development Board Action: 1. New Site Plan for Alhambra North 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 (Appfication Denied by Planning & Development Board on August 26, 1997) ................... POSTPONED FROM 9/16/97 CITY COMMISSION MEETING At the applicant's request, this item was tabled until the December 2nd meeting. Major Site Plan Modification (Sign Program) for Boynton Commons PCD 3. Community.Design Plan Appea (Colors) for Boynton Commons PCD Community Design Plan Appeal for Boynton Commons PCD - Roof Illumination for Tony Roma's Approval of Bills Approve Records Disposition Requests Nos. 341, 342, 343, 344, 345, 346, and 347 submitted by Utility Billing, Department of Development for the Building Division, and the City Clerk's Department Approve Refund on Crypt B-2, Chapel Building, Section H, Boynton Beach Mausoleum purchased by Hilma E. Tantzen Approve purchase of movable wall partitions for various offices in clean-up and relocation from Wall Innovators, Tampa, Florida, in the amount of $29,828 Approve estimate from Certified Insurance Services, Inc. (CIS) of Jensen Beach, Florida, for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. Item "1" was removed from the Consent Agenda for discussion. Approve refund on ~Cemetery Lots 198 & 199, Block B, Boynton Beach Memorial Park Addition #1 purchased by Mary Sue Johnston Approve disinterment of remains of James Bell, and provide refund on Crypt C-8, Devotion Building, Section D, Boynton Beach Mausoleum Authorize Ernst & Young to perform the yearly actuarial review of the City's self-insured coverages: Workers' Compensation, general liability, automobile liability, automobile physical damage and property damage. In addition, they will perform a Risk Management Review. Estimated cost to thte City will be $10,000 for the Actuarial Study and $12,500 for the Risk Management Study. Authorize Ernst & Young to perform the annual arbitrage rebate calculations on the Water and Sewer Utility Revenue Bonds, Series 1990 and the Public Service Tax Refunding Revenue Bonds, Series 1993, for the fiscal year 1996/97. Total cost will be $6,000 for all calculations MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Authorization to Solicit RFPs for the Evaluation & Appraisal Report based on Comprehensive Plan Amendments Motion Commissioner Jaskiewicz moved to approve the Consent Agenda with the exception of Item IV- D.4 and Item "1". Commissioner Bradley seconded the motion that carried unanimously. C. 1 Proposed Resolution No. R97~182 Re: Confirming the appointment of Bulent Kasterlak as Director of Development for the City of Boynton Beach. Florida, and authorizing the City Manager to execute an appointment contract on behalf of the City with Bulent Kasterlak Commissioner Bradley felt this item should not have been part of the Consent Agenda because this is a very important position. It was his opinion that members of the commumty should have been involved in a social setting or interview process, similar to what was done for the Fire Chief and Police Chief. A reception would have been appropriate. In addition, he expressed concern about the fact that no rbsum6 was included in the back-up material for this item. Commissioner Bradley recommended deferring this item until all Commissioners can review the r6sumb. Commissioner Jaskiewioz pointed out that the City was not involved in the selection of Mr. Knor. During her meeting, sherrequested a copy of Mr, Kasterlak's r~sum~ for review. Mayor Taylor feels a large majorty of the commun ty has a good concept of what being the Police or Fire Chief entrails. However, he is not certain how much of the community has a comprehensive conceptl Of what the job description of the Development Director requires. Mayor Taylor is not in favor of involving the community in this process. Furthermore. it is not within the Commission's authority to hire and fire department heads. This is a City Manager responsibility and she will be held accountable for her decision. Commissioner Tillman does not believe these types of contract positions should be scrutinized during a public presentation. This is the City Manager's responsibility and she will be held accountable for her actions. Commissioner Tillman feels Commissioner Bradley should have an opportunity to review Mr, Kasterlak's r~sum~. Vice Mayor Titcomb concurred with Commissioner Tillman's remarks and pointed out that the City Manager has been empowered with this duty and she will be held responsible for the success or failure of her decision. Commissioner Bradley said there have been many discussions at meetings with the Chamber of Commerce about streamlining the permitting process and redevelopment of the City. He feels it would have been appropriate for representatives of the Chamber of Commerce to interview this potential candidate, In addition, since he has to ratify. City Manager Willis' decision he wants to have some knowlec~ge about this person. Commissioner Jaskiew~cz reiterated that she reviewed the r~sum~, and Mayor Taylor explained that he had discussed this issue with the City Manager on more than one occasion during the process, He is very comfortable with her decision MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Motion Commissioner Jaskiewicz moved to approve Consent Agenda Item IV.C.1. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) Approve estimate from Certified Insurance Services, Inc. (ClS) of Jensen Beach, FlOrida for repairs to Pioneer Park due to fire property loss - Estimated Cost $27,899.78. At Commissioner Bradley's request Mr. Frederick explained that this incident occurred several months ago when one of the recycled picnic tables was set on fire very late in the evening. By the time the Fire Department arrived at the scene, the structure was engulfed in flames. Mr. Frederick pointed out that this incident was very similar to the fire at the Art Center. Because of [his problem, a program has been initiated whereby all recycled tables and benches are being removed from covered areas at City facilities. Motion Vice Mayor Titcomb moved to approve Consent Agenda Item "1". Commissioner Jaskiewicz seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Policy direction regarding traffic light on Gateway Boulevard City Manager Willis advised that this item appears on the agenda to alert the Commission to the fact that we have a conflict between a signal requested by BGI and the signal proposed for the new high school site in Quantum Park. As a result of a few meetings, we are agreeing to accept both lights. Mike Haag, Building Permit Administrator, advised that he attended a meeting in July that was called by Mr. Gordon Lunt of BGI. The Palm Beach County Engineers were present at the meeting. Mr. Lunt felt the BGI project would warrant a traffic light. That project does not warrant a signal at this time and it will take more development along Quantum Boulevard to warrant a signal at that location. At that meeting, County Commissioner Warren Newell granted BGI the ability to nave a flashing traffic light at the intersection of Quantum Boulevard and Gateway Boulevard. The flashing light will go to a full signal once the warrants are met. Mr. Lunt attempted to get funding for the light. However. since the City indicated that was not possible, BGI would have to provide its own funding for the signal. Last week, Mr Haag attended another meeting in Palm Beach County with the School Board. One issue discussed was the traffic light at Park Ridge Boulevard. This light will be closer to the Motorola intersection. The school system does not need special warrants to have a traffic signal. There is legislation in place that guarantees a school board a light. During the meeting, Charlie Walker. Director of Traffic Division. indicated to Augustin Hernandez that the School Board has a light at the intersection of High Ridge Road and Gateway Boulevard. The School Board was told to design the high school so that traffic will use that signalization. The School Board representative did not like that determination, but honored Mr. Walker's method of MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 advising him that every 'school in Palm Beach County has one light. The County will not make an exception for this school. Earlier today, City Manager Willis received a FAX from Mr. Hernandez advising that the designers will go forward With the design that was presented to this City Commission. Mr. Hernandez still wants Mr. Walker to grant the light at Park Ridge Boulevard and Gateway. The opinion of the Palm Beach County Traffic Division ~s that a light is warranted for BGI. They do not want to g~ve a light to the School Board because of its proximity to the light and Motorola and its proximity to the light proposed for BGI. They will deny the request; thereby pushing the request for an appeal to the Board of CoUnty Commissioners. If the School Board light goes in before the BGI light, the same situation would apply for BGI even though the light would meet warrants. Staff's position is to support both lights. Palm Beach County does not want two lights because of the potential for traffic build up. Mr. Haag confirmed for Vice Mayor Titcomb that the light at the school will be a flashing light that would become operable during peak hours. One of those peak hours of operation will also be peak hours for Motorola and BGI. Mr. Haag agreed that the lights could be synchronized. and advised that the method of triggering the light at Motorola will be changing with the Hampton Inn coming on line. Commissioner Bradley questioned whether BGI's warrants would be met because of its employees. Mr. Haag advised that no traffic analysis has been provided to meet the warrants for that site. This light will meet warrants going east and west on Gateway Boulevard. However. it does not meet warrants going north and south on Quantum Boulevard. Commissioner Bradley feels we need all three of the lights, but hopes there will be coordination with BGI and Motorola since there is a 24-hour work cycle at these facilities. The majority of the traffic will flow into these sites. Mayor Taylor explained that BGI would have 200 people coming out of that site at the end of a shift. He agrees the lights are necessary and this issue must be pursued. Status Report on proposed creation of the South Palm Beach County Public Safety Communications Cooperative City Manager Willis explained that this will be a joint venture among the cities of Delray Beach, Boca Raton and Boynton Beach n an effort to upgrade our radio communications systems for public safety operations. She explained that a copy of the proposed intedocal agreement and the proposed resolution were included in the back-up material However, she requested that the Commission not move forward with approval of the Resolution since changes are being made to strengthen some of the provisions. The resolution will come forward at the next meeting. Wilfred Hawkins, Assistant to the City Manager, advised that the City currently has a 800 MHz trunk system that allows Police and Fire to talk with Communications. The system is 10 to 12 years old. and it ~s very difficult to find replacement parts for it Motorola cannot support portions of the software in the dispatch center as well as some of the hardware that operates the system. We cannot afford to have something happen [o the system where it goes down l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 because we will be off the air if we cannot find replacement parts. The new system can be viewed in two parts: the part that makes it run (tower. antennas, backbone), and the radios, Through the Cooperative. we wilt work together to purchase the backbone. Hugh McCaffrey, Communications Manager, explained that the backbone is the fixed end of the system. This portion would be funded jointly by the three cities, and it will be owned and maintained by the Cooperative. Each city would contribute one-third of the cost. The backbone system will cost approximately $1.3 million for each city. This will buy two sites. There will be new transmitters at the existing site and aredundant site Jn Boca Raton. This will provide wide- area coverage and redundancy. If somethin~ should happen here in Boynton Beach the system would still be operational in Boca Raton. This system is being designed to work as a South County hub that can talk to a Central County hub (West Palm Beach), the County's system currentty being negotiated and ultimately a north and west hub. The second part of this system involves the radios needed to replace those currently in use. That share of the system will cost $1.083,566. This figure is predicated on all portables ano it will change depending on the number of mobile radios purchased. The total cost of the system is approximately $2.4 million The parts of the system cannot ~)e purchased separately since this is a total package. The cost is $1.3 million per city for the backbone. The end user equipment cost will vary depending on the number of radios needed Mr. McOaffrey explained that we would probabty be able to lease purchase the radios if that is the desire of the Commission. There will be tower sites (backbone) iB Boynton Beach and in Boca Raton There will also be three dispatch centers (Delray Beach, Boca Raton. and Boynton Beach). After rewewing the agreement with everyone concerneo, substantial changes have been made. It has been rewritten and resubmitted to staff for rewew. Delray Beach has already signed the agreement. However. their staff will recommend rescinding that agreement and approve a new agreement. Boca Raton is planning a workshop meeting on November 23r~ and will consider the resolution on November 24'". With Commission approval, we will move forward with the resolution at the November 18~' meeting. The agreement defines the purpose for providing the establishment of a Cooperative Communications System for the mutual advantage of all three cities. It creates an Administrative agency, the Public Safety Communications Cooperative, for operation of the joint radio backbone for the three communities. Part of the agreement enumerates the powers of the Cooperative to include holding ali licenses. This is an important part of the agreement. We now own five FCC radio licenses. Boca Raton holds 10 channels. The 15 channels will be pooled and relicensed to the Cooperative. This will provide a great deal more capability and flexibility. The FCC is requinng 100 radios per channel to justify maintaining a license. We currently have over 560 radios on our five channels. However, we could not expand services because our capacity is full. The agreement designates the City Managers of the three cities [o serve as the Board of Directors of the Cooperative. They would have to meet at least annually to review the budget that must be submitted by May of each year. ]] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 · The agreement also provides for an Administrative Committee appointed by, and answering to the Board of Directors. to be responsible for daily administration. · The agreement charges the Administration Committee with preparation of the budget due in May. · The agreement gives the Cooperative title to the backbone. Proprietary software is needed [o make the trunk systems operate properly. There is a provision m the agreement covering withdrawal from the system that addresses what happens to the "parties to" if a party fails to appropriate funds or if there are insufficient funds to continue the operation. There are also provisions for providing for additional parties in the future. There is a formula in the agreement for the operating and maintenance costs to be shared on a pro rata basis. Each city will pay a fee for each radio on the system. The other half of the maintenance cost will be pro rated according to airtime usage Mr. Hawkins advised that revisions were made by all three cities. City Manager Willis advised that submission of the budget would not have coordinated with our budget review process. That was unacceptable. In addition, another provision would have altowed the Board of Directors to operate independent of approval by their Commissions. This was also unacceptable. There was also a significant change with regard to the withdrawal of one par~y that involved the forfeiture of FCC frequencies. Mr. McCaffrey advised that a provision will remain with respect to withdrawal of any party_ Any party withdrawing can petition the FCC to retrieve their channels without objection by any of the remaining'members. With regard to the proprietary agreement. Commissioner Tillman asked whether a cost or system has been developed to bring people on line. and what penalties have been implemented [or abuse. Mr. McCaffrey explained that abuse is governed by the terms of the FCC license. This is a voice system and no one.will run data on the system unless unanimously agreed upon by the Cooperative. Motorola provides a software license to operate the system and program the radios. There is a system manager terminal that controls the programming of any radio to enable it to speak on the system. If a radio does not have a proper identification and is not programmed to access the system, it isof no value. Currently, if a radio is stolen, we have the ability to take it out of the system. The proprietary software will belong to the Cooperative jointly. Commissioner Tillman q Jestioned the cost of the communicative Cooperative. Mr McCaffrey explained that we are currently paying approximately $85.000 per year annual maintenance cost for the radio system. The consultant, who developed the figures, estimated our share of the annual cost to be approximately $60,000. This provides substantial savings. The backbone system is under warranty for the first year for parts and labor. After that. the costs will be pro rated among the three cities. The portable radios have a three-year warranty and are depot fixed and returned to us Commissioner Tillman said the communicative cooperative costs will increase because there will be annual maintenance for the hardware. Mr. McCaffrey agreed and added that after the initial purchase, there will be an ongoing maintenance cost. He reminded the Commissioners 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 that the system should operate very well for eight to ten years at a Iow cost. At the end of ten years, it is no longer feasible to rely on the system. Commissioner Jaskiewicz explained that we are in the third and final year of paying for our new corn outer system. This backbone amount could probably be absorbed next year if we were to continue paying as though we were paying for a fourth year for the computer system. Mayor Taylor questioned the amount of coverage this system would provide. Mr. McCaffrey said we could comfortably cover an area beyond Military Trail. Vice Mayor Titcomb questioned whether a corn parative study was performed of what it would cost to replace our own stand-alone system. Mr. McCaffrey advised that a study, was performed and the cost s approximately the same. However, we would not have the potential for expansion and growth, nor would we 3ave the redundancy. Mr. McCaffrey reminded the Commissioners that each City will maintain its own dispatch channel and talk group. There will be a common talk group on another channel in the evem of a mutual aid situation. Commissioner Tillman questioned how annexation would affect the system. Mr. McCaffrey said we would be much better off with the new system because we will have 15 channels. Mayor Taylor pointed out that we should be able to communicate well beyond 441 Mr. McCaffrey said 441 is a practical limit. C. Preliminary Draft of CIP Report City Manager Willis distributed copies of a preliminary Capital Improvement Program report. This is the City's first attempt since 1989 to put figures on the annual capital expenses and ~ncorporate them into a plan that shows annual capital outlay. In addition, the report includes a section that discusses potential projects for a bond issue. She reminded the Commiss,oners that there are items contained in the report that are on a wish list. No consensus has been reached to pursue these items such as the purchase of the Water's Edge Condominium. City Manager Willis thanked Bill Atkins for his work on this project. Wilfred Hawkins. Assistant to the City Manager, said we have attempted to identify five-year projects that were initiated in 1997. Some of the projects may already be in progress or are just beginning this year. All of the projects contained in the booklet are over $50.000. Each department organized the report so that there is a description of the project, a projected estimated cost of the project, a narrative of what the pro)ect is supposed to do. what goal the project is supposed to accomplish, what program the project applies to, and whether the project is mentioned in the Comprehensive Plan. The departments were also asked to project how long it will take to complete a project. We want to determine our five-year projections for capital projects and prioritize what we might want to include in a bond issue. Staff will review this document again to tighten the numbers and look at the narratives. City Manager Willis reminded the Commissioners that this Is a preliminary look at capital projects. We are aware of additional provisions that must be made and additional detail that is req Jired in terms of the budget breakdown Ultimately, this will feed the budget documents and MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 wilt become an important element of the Comprehensive Plan: Staff will continue to refine this document. Vice Mayor Titcomb requested that a coding system be developed for use on the preliminary listing of future bond issue projects. This keep the Commissioners apprised of the projects that have been discussed with a consensus reached versus the ones that no action has been taken on. He referred specifically to the line item for the demolition of the high school and pointed out that that issue has not yet been resolved. Mayor Taylor felt this was a very good starting point and it will eventually have to be married to the study being done by the consultant. VI. PUBLIC AUDIENCE: James Miriana, 728 NE 8th Avenue, referred to the watershed project discussed at the last meeting and questioned whether this project will help in the area of NE 8TM Avenue and NE 7TM Street. He complained about the lack of a remedy for the flooding situation in this area. John Guidry, Utilities Director, said the watershed project witl not help the situation along NE 8TM Avenue and NE 7TM Street because its designation is south of NE 6th. Mr. Guidry reminded the Commissioners that the area Mr. Miriana mentioned is tidal area. This is a very difficult area to drain. He offered to discuss this situation with Mr, Midana. Mayor Taylor explained that we have looked at this area. and it is a very big problem to resolve. Harvey Oyer, 512 North Seacrest Boulevard, expressed his opinion that it is a serious mistake to eliminate 20% of the undeveloped area in the CRA for use as a retention lake. He feels this is prime property that wilt never be recovered. The shopping center has deteriorated and there is economic blight on Federal Highway. He feels it would be better to merge that shopping center property with the property to the rear and make a new shopping complex. He recommended that the City consider having the engineers ook into the feasibititv of using the former sewer treatment plant on the Boynton Canal for the lines and force mains t~ pump water. Marie Shepard, 140 W. Ocean Avenue, recommended that the Commission carefully consider the possibility of demolishing the old high school building. Delray Beach has increased its property values and built a sense of permanence in the City by addressing the valuable historic buildings within the City. Ms. Shepard requested that the City give consideration to how other cities have profited by looking at their heritage and history. Mayor Taylor pointed out the importance of government and the public talking about issues. The original intention was To demolish the elementary school However, after talking about it. a decision was made to turn that school into a museum. Mayor Taylor reminded Ms. Shepard that there are projects on the wish list that are the result of brainstorming. Many of those projects may never come to fruition. City Manager Wi s reminded the Commissioners that the demolition of the high school was included because the estimates to demolish were one-tenth of the cost to restore it. While we recognize the value of the school, we also realize that we cannot even raise enough money to restore the elementary school. ]4 MEETING MIN UTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, t997 Ron Bair, 2898 SE Ist Place, complained about abandoned duplex apartments located on SE 2n° Street from the 2800 block to the 3100 block. Scott Blasie has advised that action will be forthcoming; however Mr. Bait expressed disappointment about the amount of time it has taken to address this issue. Mr. Bait also expressed concern about the lack of recreation facilities in the south section of the City. The residents of this part of the City feel overlooked and neglected. Mr. Bait requested that if the City Commission ever decides to construct a playground, that they consider naming that facility after Sid Rosen since it was his wish to provide a facility n th s area of the City. In addition· Mr. Bait would like to see more community policing in his area He would like more permanent officers who will get to know the residents of the community. The residents are convinced this will deter cnme problems they are experiencing. Mr. Bair further explained that the number of chitdren under 13 years of age has increased 30% to 40% in his area. Many of these families fall below the median income of the area. He suggested that reassessing the area that might result in the allocation of federal funding. Mr Bait commended the City on the Green Market and the revitalization of Federal Highway. In response to Mayor Taylor, Mr. Bait said he attempted to orgamze a neighborhood association However. morale is so Iow that most of the residents refuse to participate. The City will support organization of the association, but the community must step forward and take over the neighborhood. Mayor Taylor agreed that recreation facilities are needed in this area. and this is an item that is high onthe City's priodty list. Vice Mayor Titcomb reminded everyone present that the Commission approved Consent Agenda Item C.3 that is the one-year action plan for the HUD funds. Within that plan. $25.000' has been appropriated for design funds for a south Boynton park. Vice Mayor Titcomb said Mr, Bair is very active in terms of organizing his neighborhood and taking on problems of his neighborhood. Sarah Williams, 1331 SW 27th Avenue, congratulated the City for making her neighborhood better than it has been for many years She thanked the City and Police Department for working in partnership with the community. However. she pointed out that there has been an escalation of drug sales penetrating the Martin Luther King, Jr. Boulevard corridor. Recently, a bullet went through the window of an eldedy woman's home on NE 11th Avenue. She asked for more attention in this area. Commissioner Jaskiewicz said these concerns were voiced at the forum and she conveyed them to Chief Gage who promised to provide additional surveillance in this area. Mayor Taylor thanked the participants in the "Border to Borded' Project America Day activities, However, he expressed concern that so few people participated in a City of 50.000 people. He pointed out that in some of the areas that were being cleaned, the residents never came out of their homes. He explained that it is very important to keep pressing the point that residents must take responsibility for their neighborhoods, Ms. Williams agreed with Mayor Taylor. and feels these efforts must be an everyday routine· She realizes this is a continuous battle in high crime areas and she will continue to work to make things better for everyone. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, '1997 VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. 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 Interstate 95. approximately one-half 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-l-AA, Single-family Residential the northeast portion of the Cedar Ridge PUD which was formedy approved for 11 single-family lots At the applicant's request, this item was tabled until the November 18~n meeting. AT THIS PQINT IN THE MEETING, MAYOR TAYLOR ANNOUNCED THAT ACKERMANN'S MOTHER PASSED AWAY LAST EVENING. HANK Proposed sale of Lots 7 through 9 inclusive of BIk 7 of the Happy Homes Heights Subdivision, as recorded in Plat Book ~11, Page 30 of the Public Records of Palm Beach County, Florida for public purpose (Proposed Resolution No. R97-188) Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97-188. Commissioner Tillman seconded the motion that carried 5-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Support the Formation of an Ad Hoc Committee to discuss the possibility of a Skateboard Park This item was addressed earlier in the meeting under Agenda Item III.C Xl. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 1. Proposed Ordinance No. 097-50 Re: Woolbright Medical Offices Rezonmg Attorney Cherof read Proposed Ordinance No. O97-50 by title only, MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO ADDRESS THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-50. Commissioner Bradley seconded [he motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Proposed Ordinance No. O97-51 Re: Amending the Code of Ordinances to replace the term "Code Enforcement Board" with the term "Code Compliance Board" Attorney Cherof read Proposed Ordinance No. O97-51 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-51. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 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 Motion Vice Mayor Titcomb moved to table. Commissioner Bradley seconded the motion that carried unanimously, D. Other: Discuss enactment of an ordinance prohibiting live-aboards on vessels and other waterborne structures within the city limits Commissioner Bradley explained that a number of homeowners in the north end of the City have complained about a boat that is anchored in the Intracoastal Waterway. Approximately ]? MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 two years ago, an attempt was made to draw up an Ordinance. However, because the marina project was anticipated, this Ordinance was delayed. He suggested considering allowing people to live on boats behind people's houses; however, they must hook up to the sewer or septic system. He does not want to exclude people from renting their 'dock space to someone who lives on a boat. Commissioner Jaskiew~cz recalled the Commissioners opposing this Ordinance because it would have allowed people to live on boats behind residential areas. Commissioner Bradley recalled that it was put on hold because the Commissioners wanted to make sure it allowed for at least overnight stay vessels at a marina. Mayor Taylor supported Commissioner Bradley's remarks. He has received a. number of telephone calls about the boat in the Intracoastal. He is not aware of any existing sanitary requirements and recommends researching ordinances of other cities to see how they deal with the sewage problem. Vice Mayor Titcomb expressed concern about rushing into this ordinance. This Commission has talked about manna plans and possible anchorages in the north area. Therefore, he wants to make certain the Ordinance will not lock us out of that image and ability to host traveling boating communities. He feels there must be health issues that could be used in conjunction with the problem boat in the Intracoastal. He does not want to unduly restrict traveling and visiting boaters in the future. Scott Blasie Code Compliance Administrator. said there are some urisdictional problems the City has encountered. The marine patrol has advised that a proces~ can be used that allows treated sewage to be released into the Intracoastal. The marine patrol has investigated the situation in the Intracoastal. and the boaters produced evidence that they treated the sewage before they released it Mayor Taylor said he was surprised by the Jength of time someone is allowed to live aboard a boat within the City limits. He questioned whether the Commissioners want to allow boaters to maintain permanent residence on the water since this affects the tax base. Commissioner Bradley explained that dock space is being rented in Fort Lauderdale and people live on the water permanently. He feels we should be able to craft an Ordinance that will permit enforcement if 8 problem arises. Mr. Blasie is of the opinion that the appearance of the boat in the Intracoastal is what is upsett ng to the residents. In addition, the boat in question is docked at a permanent dock on a vacant Commissioner Tillman agreed that we should research the cities to the north and south of us and make sure problems from those areas will not be pushed off on Boynton Beach. Commissioner Jaskiewicz feels the sections of the draft Ordinance dealing with living aboard boats requires refinement Mayor Taylor would like an Ordinance drafted that will focus on how we will handle any vessel within the City limits. This Ordinance should be user friendly to boaters. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 City Attorney review of elements of News rack Ordinance ..TABLED from October 21~ meeting Claude O'Donovan, 304 North Country Club Drivel Atlantis~ Florida, representing City Solutions, said this began in Delray Beach. City Solutions offers a program that is being instituted across the nation. The first system was installed in Delray Beach after they passed a very comprehensive ordinance. This sotution has worked very well in that City. Since then. Coconut Creek. downtown West Palm Beach. cities on the West Coast of Florida, and San Francisco have systems in place. In addition to working well for the cities, this system also works well for the publishers and advertisers. City Solutions will provide a model ordinance. Tom Trento said the issue of rack blight has been a nagging problem for all cities. Two federal decisions have reversed the legal landscape and restored legislative and prohibitive powers back to cities. The cities have tremendous opportunities to regain control of public rights-of- way. City Solutions is in a position to provide legal information and assistance. In response to Commissioner Jaskiewicz. Mr. Trento advised that if this program ~s implemented, the existing news racks could be eliminated. A city is only obligated to make sure [hat if they allow one publication, it must allow all publications The city cannot discriminate on content, but it can control the place, time and manner of distribution X-rated materials can be kept out of these information centers. In cities, these information centers are placed on public rights-of-way. The locations will be determined through negotiations with publishers. Mr. Trento explained that a 90-minute workshop meeting is generally held with staff to provide them with all necessary information. Commissioner Bradley questioned whether the City could also end up not having a say in where these information centers are placed. Mr. Trento explained that on public rights-of-way, the City makes the determination about location. The City does not have a say on private property. Mr. Trento pointed out that people do not like change and some of the major publications will fight the City, and there will be threats of lawsuits. Consensus There was a consensus of the Commission to schedule a workshop meeting. Mr. Trento advised that he would be out of town. He will work out the scheduling of a workshop meeting when he returns from the West Coast. Xll. UNFINISHED BUSINESS: A. Report on relatives working for the City City Manager Willis requested that the Commission defer this item until staff can verify and crosscheck all of the information lhat has been gathered. Motion Vice Mayor Titcomb moved to table Commissioner Tillman seconded the motion that carried unanimously. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 B. Reschedule Ocean Ridge Property Negotiation Session Commissioner Jaskiewicz requested authorization to defer the meeting that was tentatively scheduled for November 13th since an article in today's newspaper indicates that there is political in-fighting in Ocean Ridge. Commissioner Jaskiewicz would like the Ocean Ridge Commission to resolve their problems~ before another meeting takes place, In addition, when the next meeting takes place. Commissioner Jaskiewicz would like for it to be on our terms and in our City. Commissioner Jaskiewicz is very offended by the remarks that were made. Vice Mayor Titcomb concurred with Commissioner Jaskiewicz' remarks. He is not concerned about the location of the next meeting; however, the political climate is not favorable to unbiased negotiation at this time. Mayor Taylor agreed that if what was stated in the newspaper was actualty what was said. he is very offended. Mayor Taylor supports delaying the negotiations. Commissioner Jaskiewicz advised that with the City Clerk's assistance, she did research regarding "Rid Litter Day". There was a reference to Ocean Ridge contesting ownership of the property. This was litigated in the court and the final judgment determined in 1979 that the acreage in dispute is in the title of the City of Boynton Beach. City Manager Willis suggested that if the Commission i~eels there would be a better representative to chair this committee, we should convey that message. We can postpone the negotiations indefinitely. Consensus There was a consensus of the Commission that a message be conveyed to the Ocean Ridge Commission that they replace the chairperson of the negotiating team with another member of their Commission. Once the replacement is selected, a mutually agreed upon time for the meeting will be arranged. XlII. OTHER: A. Award of the contract to CDM at the last meeting Commissioner Bradley received a number of calls from members of the community expressing concerns about the speed and direction with which the Commission directed staff to move regarding the drainage plan with CDM. He requested that the City Manager put a reconsideration on the next agenda to reconsider the vote, He is hopeful that members of the community will contact all of the Commissioners to convince them of a need to reconsider the vote Vice Mayor Titcomb attended a meeting with members of the Chamber of Commerce Visions 20/20 Committee. the City's Utilities Department. representatives of CDM. and representatives of Duncan & Associates, One of the main issues was that of the Boynton Plaza Shopping Center immediately west of the proposed drainage "B" area, He agrees that staff should receive direction to study the feasibility of including the Boynton Plaza property in discussions or cost analyses [o include this as part of the overall study. Duncan & Associates and other parties represented voiced a major concern that if we move forward and put in this major drainage 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 project, the beauty, aesthetic value and adjacent increase in economic development might be thwarted by the existence of the current B0ynton Plaza property. They felt that one project could not be considered in the best possible light without consideration of the other. Staff felt if they were given direction to took at this issue, they would be able to use this as criteria for defending or considering What they will do with the entire drainage project. Vice Mayor Titcomb requested direction from the Co~nmission to allow staff look at this adjacent property to help address some of the concerns expressed by the community. Mayor TayIor said he is not in favor of bringing this issue back. He was sold on the idea and he studied it very carefully. He feels it Solves a multitude of problems. He sees no reason to reconsider this issue because it is~an outstanding project. Some of the questions being asked will be answered as [he project moves forward. VVhen the consultants were hired we guaranteed they would work around any ongoing developments. This is an outstanding move on the City's part and the people ~vho have communicated ~vith the Mayor are very positive about this project. Mayor Taylor also p0!nted out that Mr. Oyer has been n th s C ty for 30 years, and has not changed anything in the downtown area. The City is now finally making a move in a positive direction. Vice Mayor Titcomb agrees this is a very positive project that he supports. However. he reiterated that the idea of adding some direction to look at the Boynton Plaza property is not meant to disrupt, disrail or stall the progress on the drainage project proposed by CDM Both CDM and City staff has indicated that they do not feel at iberty to look at the issues of the neighboring property, and Duncan & Associates indicated it is very important that we do that. If Commissioner Bradley wishes to revisit the issue, the Commission must do so. Commissioner Jaskiewicz expressed concern because some of the speakers talk about this area being a blighted area white others refer to it as prime area. During discussions, there was mention of the fact that the lake effect will make those properties much more valuable and they will probably bulldoze the shopping center and develop beautiful apartments. Commissioner Jaskiewicz reminded everyone that it is not within the Commission's purview to redevelop private property. Mayor Taylor assumes there would be an additional cost associated with CDM performing a task that is outside the scope of their contract. Vice Mayor Titcomb would like City staff to take a cursory cost look at whether the property is feasible to be incorporated into the bigger scheme project. Commissioner Bradley said the master plan he envisioned for the entire marina district and the downtown would provide a property evaluation that would look at the long-term possibilities for property and their revenue implications He wants to be convinced that the best use of that acreage is to put it underwater Although we are on a fast track for the marina project, and Commissioner Bradley does not want to stand in the way of it. he still feels we can spend two weeks in the course of a decision that will affect us for the next 30 years. He feels Duncan & Associates should provide that appraisal and carrying value of the properties. Mayor Taylor assumes Duncan & Associates will be providing their interpretation of what will be best in this area However. Commissioner Bradley does not believe they have studied the economics of this. and they need to be directed to do so. 2] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 4, 1997 Mayor Taylor said he was not in favor of holding up this or any other project while Duncan & Associates studies the numbers. The Commission voted in favor of CDM moving forward. Mayor Taylor is working on another project for the downtown and he is hopeful they are aware of it. We want to develop what will fit into their long-range plan. When a plan is being considered, we need to get their feedback. Commissioner Bradley feels there has been a serious lack of coordination. Duncan & Associates had absolutely no paperwork on the drainage project. He questioned why this is happemng, ano feels we need to coordinate with the consultants for our own best interest. Commissioner Tillman wondered whether it would be necessary for the City to help in trying to remove the old Winn-Dixie building, We should have had an infrastructure program in place prior to bringing in the planners. We are now trying to do infrastructure and do long-term planning at the same time. In the long-term, if the infrastructure program does not match the planning that was supposed to be put in place, we will have problems. Infrastructure is the key before you begin discussing long-term development, He feels the Commission must make sure the City is on the right track. Commissroner Tiltman supports moving forward with looking at this in terms of all of the property. Mayor Taylor said Mr. lief has indicated that he is pleased with the cooperation he has been getting from the City. Commissioner Jaskiewicz pointed out that this is not the only retention pond that will have to be built in the City. She believes every retention pond will be on prime property in all areas. Consensus There was a consensus of the Commission to direct Duncan & Associates to do the cursory look at the economics of the area. XlV. ADJOURNMENT: There being no further business to come before,the City Commission. the meeting properly adjourned at 9:35 p.m. CITY OF BOYNTON BEACH ATTEST: City~lerk ~oPUty City Clerk ur Tapes'~ 22 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commons-Tony Roma's APPLICANT: Joe Lelonek APPLiCANT'S AGENT: Joe Lelonek APPLICANT'S ADDRESS: 1280 N. Congress Avenue, Suite 215. West Palm Beach, Florida 33409 DATE OF HEARING BEFORE CITY COMMISSION: November 18, 1997 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (roof illumination) LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on ta 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 HAS X HAS NOT established by substantial competent eviaence 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 GRANTED sUbject to the conditions referenced in paragraph 3 hereof. X DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Ali further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ////~//¢~' ~¢~¢'~ ~ ~ ' ~ City Clerk J-kSHRDATA~PlanningkS~REDkWP~PROJECTSkBoyCommkTony Romas~ELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Boynton Commons (Illumination) File number: CDPA 97-007 Reference: LetterofrequestwithaOctober 1~ 1997 Planning and Zoning Department date stump marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITiES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DiVISION Comments: None X PARKS AND RECREATiON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Eliminate roof illumination. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied request for roof illumination. X ADDITiONAL CITY COMMISSION CONDITIONS 3. T~ ~.~ ~+~ ~-- DENIED REQUEST FOR ROOF ILLUMINATION. ................ d, DEVELOPMENT ORDER ~'~ ~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commons APPLICANT: Joe Lelonek APPLICANT'S AGENT: Joe Lelonek APPLICANT'S ADDRESS: 1280 N. Congress Avenue, Suite 215, West Palm Beach, Florida 33409 DATE OF HEARING BEFORE CITY COMMISSION: November 18, 1997 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (colors) LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Congress Avenue. 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 o ' EXItlBIT "B" Conditions of Approval Project name: Boynton Commons (Colors) File number: CDPA 97-005 Reference: Letter of request dated August 4, 1997. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTmlTIEs Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDiNG DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS /brae s:Xprojects~cond of apprX DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commons APPLICANT: Joe Lelonek APPLICANT'S AGENT: Joe Lelonek APPLICANT'S ADDRESS: 1280 N. Congress Avenue. Suite 215, West Palm Beach, Florida 33409 DATE OF HEARING BEFORE CITY COMMISSION: November 4, 1997 TYPE OF RELIEF SOUGHT: Site Plan (signs) LOCATION OF PROPERTY: Southwest corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "A" A'FI'ACHED 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:\SHRDATA~Planning\SHARED\WP~P ROJECTS~BoyCornm~ISPrv~DEVELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Boynton Commons File number: MSPM 97-001 Reference: The plans consist of 42 sheets identified as 2nd Review, New Site Plan. File # MSPM 97-001 with a Se ~tember 26 1997 Planning and ZOning date stamp markina. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. The proposed sign at the entrance on Old Boynton Road appears to conflict with a utilities easement. The sign must therefore be relocated outside of the easement so as not to impact the utilities already in place. X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUI~D1NG DMSION Comments: 2. The applicant did not provide sufficient information on the submitted sign program plans to determine whether the location of the proposed tenant wall signs are in compliance with Article II, Section 3.H. of the sign code with respect to the roof line. Therefore, to ensure at time of permit review that the location of the proposed wall signs are in compliance with the code, place the following note on all sign program drawings that depict the location of the wall signs: "No sign shall be X erected upon or above a roof or parapet wall of a building". 3. The applicant did not provide sufficient intbrmation on the submitted sign program plans to determine whether the size of the proposed tenant wall signs including non-word depiction signage are in compliance with Article IV, Section 3.C. of the sign code and Section 10.1.4. of the community design plan. To ensure at time of permit review that the size of the proposed wall signs are in compliance with the code, remove from the sign program drawings the allowable and proposed wall sign area and replace it with the following note: "The total wall sign area for each tenant including out-parcel buildings shall not exceed 1.5 times the Page 2 Boymon Commons - Site Plan (signs) File No. MSPM 97-001 DEPARTMENTS INCLUDE REJECT length of the building frontage (building frontage is the main entrance side of the bttildiug or bay) and the maximum area of non-word depiction signage shall not exceed 20% of the erected sign area". X 4. The applicant did not provide stffficient information on the submitted sign program plans to determine whether the colored depicted on the proposed temant wall signs are in compliance with Section 10:1.3. of the community design plan. To ensm'e at time of permit review that the colors of the proposed tenant wall signs are in compliance with the approved colors, add to sheet 1 of 19 (Exhibit A) the color specifications for all approved colors. Also, add the following text to the title of the sheet: "and approved colors for all wall signs excluding non-word depiction signage". X 5. Sheet 1 of i9 includes electrical details. Add the following note to the sheet: "All electrical work shall comply with the National Electric Code". X 6. The applicant did not provide sufficient information with the submitted sign program plans to determine whether the letter styles depicted for the proposed tenant wall signs are in compliance with Section 10.I.8. of the community design plan. To ensure at time of permit review that the letter styles are in compliance with the code, add the following note to sheet 2 of 19 (Exhibit B): "Tenants may use their own letter style for wall signs following submitting at the time of permit review', written verification that the copy is nationally registered". X 7. In order to erect a sign within an easement, properly executed and recorded city forms are required at time of permit review. It appears that the Congress Avenue and Winchester Park Boulevard free standing pylon signs are located within an easement. Add the following note to sheet 8 of 19 (Exhibit I) and sheet 10 of 19 (Exhibit K): "Signs proposed to be erected within an easement will require at time of permit review, properly completed, executed and recorded eity easement release forms". X 8. The sign program di'awings of the pylon signs illustrated on sheets 8 of 19, 9 of 19 and 10 of 19 do not indicate whether the signs will be illuminated. If the signs are illuminated, identify on each sheet the type of illumination and indicate with a note: "all electric work shall comply with the National Electrical Code". X 9. To ensure that there is a smooth transition from sign program approval to reviewing permit plans for signs, it is recommended that the applicant amend the sign progrmn to comply with the conditions of approval identified in the project development order, prior to the first permanent sign permit being issued for a tenant or a pylon sign located within the project. X Page 3 Boynton Commons - Site Plan (signs) File No. MSPM 97-00i PARKS AND RECREATION FORESTER/ENVIRONMENTALiST PLANNING AND ZONING Comments: 10. Provide landscape information regarding landscaping of the free~ standing signs consistent with the approved site plan (LDR, Chapter 21, Article IH, Section 3). Note that the City of Boynton Beach Comprehensive Plan Policy 4.4.6 states that native vegetation species shall satisfy at least 50% of all required landscaping. 11. Limit the number of sign colors to two in addition to black and white (LDR, Chapter 9, Section 10.I.3), unless an appeal !s approved. 13. On Exhibit "A" - Typical Letter Fabrication, provide a note that the sign style selected as the sign style selected for Bovnton Commons PCD is channel and shall be used for wall signage on ill buildings of the PCD (LDR, Chapter 9, Section 10.1.2). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 14. Delete Comment 2. 15. Delete only the first sentence ficom comment 4 so that comment 4 reads as follows:: To ensure at time of permit review that the colors of the proposed tenant wall signs are in compliance with the approved colors, add to sheet 1 of 19 (Exhibit A) the color specifications for all approved colors. Also, add the following text to the title of the sheet: "and approved colors for all wall signs excluding non-word depiction 16. Delete comment 11. 17. CITY COMMISSION CONDITIONS X X X X X X X X appr\