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Minutes 08-19-97-- MINUTES OF THE REGULAR CITYCOMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 19, 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 James Cherofi City Attorney Sue Kruse City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Father Mark, Pastor, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called :he meeting to order at 6:35 p.m of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition to two items under X-New Business. They will be: Letter from the '1 Have A Dream Foundation": and 2. i-95 Wall as it relates to Forest Park Elementary School City Manager Willis added four items under V-City Manager's Report They are: Citizens Action Center 2Schedu e Workshop m Discuss Fire and EMS Services :o Hypo~uxo 3Authorization to Retain Labor Management Services 4Approval of a Block Party Request Following the invocation. Mayor Taylor led the Pledge 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which carried 4-0. Mayor Taylor announced that Commissioner Bradley is out of town. I1. ADMINISTRATIVE: ~lv~lTT BRADLEY I/AS OU~ OF ~ DURING MEETING. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, t997 A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Titcomb iV Tillman Titcomb V Tillmar Mayor Taylor Titcomb Titcomb IV Tillman I Bradley V Tillman I Bradley I Titcomb Il Bradley I Titcomb Adv. Bd. on Children & Youth Alt Adv. Bd. on Children & Youth Stu/Reg Civil Service Board Alt Cemetery Board Reg Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Code Enforcement Board Reg Code Enforcement Board Reg Community Relations Board Alt Community Relations Board Alt Library Board Alt Senior Advisory Board Alt Recreation & Parks Board Alt Iyr term to 4/98 TABLED 1 yr term to 4/98 TABLED 2 yr term to 4/99 TABLED 3 yr term to 4/00 TABLED 3 yr term to 4/00 TABLED Iyr term to 4/98 TABLED I yr term to 4/98 TABLED 3 yr term to 9/00 TABLED 3 yr term to 9/00 1 yr term to 4/98 Iyr term to 4/98 TABLED 1 yr term to 4/98 TABLED 1 yr term to 4/98 TABLED I yr term to 4/98 Motion Commissioner Jaskiewicz moved ro remove Commissioner Tillman's regular Code Enforcement Board appointment from the table. Commissioner Tillman seconded the motion which carried 4-0. Commissioner Tillman appointed James Miriana as a regular member of the Code Enforcement Boar0 Motion Commissioner Jaskiewicz moved to accept the appointment and tabled all remaining appointments. Vice Mayor Titcomb seconded the motion which carried 4-0. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: City Commission Workshop Meeting to discuss Proposed Leisureville Settlement and Woolbright Place Settlement Agreement - Monday, August 25, 1997, at 6:30 p.m. -West Wing Conference Room "C" Mayor Taylor made this announcement. Special City Commission Meeting & Budget Public Hearing - Thursday, September 4, 1997, at 6:30 p.m. - Commission Chambers Mayor Taylor made this announcement. City Commission Workshop Meeting with Town of Ocean Ridge - Friday, September 5, 1997, at 2:00 p.m, - Conference Room "C" - West Wing Mayor Taylor made this announcement Low-cost Rabies Clinic - Ezell Hester Jr. Community Center on Sunday, August 24, 1997, from 12:00 Noon until 2:00 p.m. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 ..... Mayor Taylor made this announcement, 5. Recognize B-Love Corporation for its Sponsorship of the 2"d Annual Driftfishing Benefit for the Animal Shelter Mayor Taylor acknowledged City Manager Willis' participation in this event, and recognized B-Love Corporation for its sponsorship of the 2"d Annual Driftfishing Benefit for the Animal Shelter. B. Presentations: None III. CONSENT AGENDA: A, Minutes: 1. Special City Commission Meeting Minutes of July 25, 1997 No additions, deletions or corrections were made to these minutes. 2. Joint Workshop Meeting of City Commission/Chamber of Commerce of August 4, 1997 No additions, deletions, or corrections were made to these minutes. 3. Regular City Commission Meeting Minutes of August 5, 1997 No additions, deletions, or corrections were made to these minutes. Motion Vice Mayor Titcomb move(~ To accept the minutes of these three meetings. Commissioner Tillman seconded the motion which carried 4-0. Commissioner Jaskiewicz requested that Items "H' and "K" be removed from the Consent Agenda for discussion. Attorney Cherof requested that Item "N" be removed from the Consent Agenda for discussion, B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget 1. Award BID #05t-19297/CJD to Asbestos Certified Technicians from Land O'Lakes, Florida in the amount of $1t,212.00 for Avian Feces Abatement at Mangrove Elementary School, 129 E. Ocean Avenue 2. Approve purchase from Smith and Loveless, Inc., manufacturer of pumps and check valves, for replacement in Lift Station #602 through Sanders Co., Stuart, FL, in the amount of $16,840 3. Approve request for direct purchase in the West Water Treatment Plant Expansion Phase il Project: Control Instrumentation from Johnson Yokogowa, '- through the State of Florida's authorized representative, Classic Controls, Inc., MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST lg, 1997 Lakeland Florida, in the amount of $23,735, and three Remote Telemetry Units from Data Flow Systems, Melbourne, Florida, in the amount of $15,471. The total request amounts to $39,206 Approve purchase of drywall and replacement in the Microbial Remediation process throughout City Hall from Lotspeich, Lake Park, Florida, in the amount of $5,727. Approve Bid Renewal for Annual Requirements for Bulk Fertilizer for the Golf Course Approve Bid Renewal for Annual Contract for Supplying and Installation of Water Service Connections and Restoration to Gosline Plumbing & Sprinkler Company, Inc. of Riviera Beach, Florida - New Bid #072-401-97/CJD Approve Bid for Annual Supply of Polyphosphate-Type Corrosion Inhibitors - Bid #058-401-97/SP Approval of agreement for the purchase of software golf package including point-of-sale, inventory, and handicapping functions from Golf Management Systems, Inc. Resolutions: Proposed Resolution No. R97-137 of Citizen Action Center Coordinator Re: Approving the new job descriptton Proposed Resolution No. R97~138 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and Palm Beach County To permit the existence of an entrance sign and wall including lighting, landscaping, and irrigation ~ and on the County-controlled right-of-way ocated au the intersection of Chapel Hill Boulevard and Seacrest Boulevard Proposed Resolution No. R97-139 Re: Approve amendment to Rule XI. Section 5.D. of the Civi Service Rules & Regulations providing that no employee snail receive supplemental pay under a Workers' Compensation claim for a 0eriod exceedin9 six (6i months, and providing that no supplemental 0ay shall De paid To an employee beyond ei~ qteen (18) months from the date of injury Approval of Bills Payment of Bills - July, 1997 Approve establishment of an investment policy for all City of Boynton Beach Funds except pension funds Approve request for variance for BGI Industries, Inc,, from the Land Development Regulations, Chapter 2- Zoning, Section 7.H~11 - Off-Street Loading, to allow a loading zone to front on a public right-of-way Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2i Section 5.C.2a. to allow an increase in the height of a proposed single-family home to35~ from the maximum 25' allowed 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 This item was removed from the Consent Agenda for discussion. Approve request for Boynton Mobile Village for Community Design Plan Appeal Approve request for Palm Walk ACLF for conditional use time extension/concurrency time extension K. Approve request for master plan modification for the Shoppes of Woolbright PCD This item was removed from the Consent Agenda for discussion. g Approve request for master plan modification for Melear PUD Approve request for new site plan for ARC (American Retirement Communities) at Boynton Beach N. Approve request for new site plan for Woolbright Medical Office This item was removed from the Consent Agenda for discussion O. Approve site plan time extension for Boynton Beach Mall-Department Store F Approve funding for City Hall Information/Site Sign in the amount of either $10,000 or $25,000 Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section B, Boynton Beach Memorial Park purchased by Rosadee Wright Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach Memorial Park, purchased by Louise L. Carver Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97 over to collection agency Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items "H". "K", and "N". Commissioner Jaskiewicz seconded the motion which carried 4-0. Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed Commissioner Jaskiewicz reported that she attended the Planning & Development Board meeting when this issue was addressed After the meeting, she inspected the area and feels this request would be very appropriate. This site is located on the Intracoastal where very ~arge homes already exist. She does not feel the structure will block anyone's view. t is her opinion that the board was too stringent in requiring the applicant to stay within the 25' limit for a luxury home and she recalled that the applicant was willing to go to 30'. It appeared to Commissioner Jaskiewicz that so'me of the exisbng homes are higher than 25'. She feels this rec~uest should be g~ven reconsideration, and she is nopefu it will not be denied Attorney Cherof advised that the applicant has requested a postponement of this item. He suggested this item De tabled. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Vice Mayor Titcomb also attended the Planning & Development Board meeting. He explained that Delray Beach is currently going through a debate about "mansionization". This s an issue the City of Boynton Beach wfll be aealing with soon· In addition, during the Visions process, there was discussion about the need for higher end housing in the City. Therefore. he feels further discussion Js warranted either through a workshop or Commission discussion about this type of application. Aisc there was discussion during the Planning & Development Board meeting about the fact that this particular request was not a hardship case and did not necessarily fall under a variance area. Vice Mayor Titcomb is hopeful that a discussion will help in finding a mechanism for assisting people who wish to move into the older coastal neighborhoods and "spruce" them up. Mayor Taylor also attended the Planning & Development Board meeting. He realizes this is an odd-shaped lot on Intracoastal property in an area where we are Crying to develop some upscale housing. The applicant is trying to conform w~th the setbacks_ Mayor Taylor does not have a problem with the applicant's request and is happy the applicant asked for a postponement to try to work out this situation. Motion Vice Mayor Titcomb moved to postpone this item. Commissioner Jaskiewicz seconded the motion which carried 4-0. K. Approve request for master plan modification for the Shoppes of Woolbright PCD Mayor Taylor reported that a request from the applicant was included in the back-up to postpone this item until September 2 1997. Motion Vice Mayor Titcomb moved to postpone ihis item until the September 2n" meeting. Commissioner Tillman seconded the motion which carried 4-0. N. Approve request for new site plan for Woolbright Medical Office Attorney Cherof advised that there is a provision of the conditions that makes reference to a 1987 stipulation that resulted in a condition regarding height associated with the rezomng of this property. Because it was ncorporated as a rezomng, this matter should be considered as a public hearing with appropriate notice to adjacent proper~y owners He requested that this matter De deferred until the first meeting n October (October 7th~. Motion Commissioner Tillman moved to postpone this item until the first meeting in October. Vice Mayor Titcomb seconded the motion which carried 4-0. Mayor Taylor referred to back-up information which contained a cover sheet advising that the item (a Proposed Resolution for a contract between the City of Boynton Beach and Dr. Weiner) would oe added to the agenda. He noted that no one added the item to this evening's agenda He questioned whether City Manager Willis wished to add the item. City Manager Willis offered to include this item on the September 2na agenda. However Wilfred Hawkins Assistant to the City Manager, advised that this item is time sensitive from the stancipoint that work in [he building is almost complete and we need to move into the medical end. Mr. Hawkins explained that the issue can be delayed until the September 2n" meeting, but if. it is approved tonight. Dr. Weiner can beg~n his work City Manager Willis requested that this item be added as Item V.5-City Manager's Report. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Motion Commissioner Jaskiewicz moved to add this item to the agenda under City Manager's Report. Commissioner Tillman seconded the motion which carried 4-0. IV. CITY MANAGER'S REPORT: 1. Citizen Action Center City Manager Willis advised that staff has aeen working to find a system [hat will assist our citizens m processing their complaints while assisting the Commissioners in responding in a more efficient and effective manner. On October 1st. we will begin utilizing a software program that will be centered and located in the Commission offices on the first floor of the West Wing. A staff assistant will act as a liaison between the constituents and the Commissioners' offices to log complaints, assist in resolving outstanding issues of concern to [he Commission. and scheduling meetings. This system should help maintain a higher level of customer service, The Citizen Action Center will have a hot line qumber that can be used by citizens wishing to enter a complaint into the system. They will be guaranteed a follow-up response within 72 hours. Staff is planning to introduce this system To the public effective October 1% This center will be announced in [he next newsletter Mayor Taylor is pleased that this plan is moving forward and feels this system will help the Commissioners respond to the public's concerns. Commissioner Jaskiewicz is pleased that the Commissioners wil be able to address concerns before they become comolaints. 2. Schedule Workshop to Discuss Fire and EMS Services to Town of Hypoluxo City Manager Willis advised that there has been a request to schedule a workshop meeting to discuss providing fire and EMS services to the Town of Hypo~uxo. We were approached by the Vice Mayor of Hypo~uxo to address a pending ssue ti~ey were facing in their contract service with Lantana. Lantana is seeking to turn its Fire/Rescue service over to the County effective October 1s'. The County has agreed to provide that service, Hypoluxo is now exploring its opbons to contract with the City of Boynton Beach for this service City Manager Willis advised that she would like to put this issue on the City Commission Workshop meebng agenda scheduled for Monday evening~ Bill Bingham. Fire Chief, explained that on August 6TM. he attended a meeting in the City Managers Office with representatives from the Town of Hypoluxo. Following the meeting, he was asked to provide a summary of issues,and concerns we may have providing service to the Town of Hypo[uxo On August 13'" ne attendeu the To~vn Council meeting in Hypoluxo to answer any questions they had. Chief Bingham has provided a response to that meeting and feels it is now time to conduct a workshop meeting, This ~ssue wil be addressed at 7:30 p.m. during the workshon meeting already scheduled for Monday August 25% 3. Authorization to Retain a Labor Management Consultant City Manager Willis requested authorization to retain a labor management consultant to advise the City in the formulation of the new employee personnel systems and any ortner related 'ssues as assigned. Because we are embarking u 3on a new era of personnel and management issues. City Manager Willis would like to have experts in olace She would like to retain the services of Glen Torcivia to provide those services. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Attorney Cherof advised that City Manager Willis mentioned this issue to him today, but he did not have an opportunity to meet with her to explore her proposal. Under our Charter. the responsibilty of providing legal advice ~o the City Manager falls on the City Attorney or through the City Attorney's Office. In addition, the City Attorney's Office provides the service the City Manager is seeking under contract with the City under the current retainer. Attorney Cherof advised that it would not be oossible to address the specifics since he had not had an opportunity to speak with the City Manager. He reminded the Commissioners that it has been a practice in the east for the Commission to seek proposals from oualified professionals before acting to appoint someone. He further reminded the Commissioners that the prerogat ve of appointment falls to the Commission under the Charter ~ot the City Manager. Attorney Cherof reques[eo that the Commission defer acbon on this request until he has an opportunity To explore the needs of the City Managerwith her. If appropriate, his firm will provide the service. If the service cannot be provided because of some type of conflict, then the matter should be addressed in a Request for Proposals for service Mayor Taylor said he understands the contract for the City Attorney's firm [o provide egal services to the City. He is happy with the work they are doing. However. ne feels the City Manager, who will ee very oersonally involved in these dealings, has the right to request the type of representation she feels comfortable with We ha~/e a precedent for that in this City. Mayor Taylor knows there will be challenges to the path the City is taking with civil service, and he wants to feel very comfortable that not only the City, but also the employees, feellcomfortable that their legal rights are represented. The employees nee(~ to Know that someone is watching the City to make sure we are not making a mistake that will affect them in the future. Mayor Taylor feels Attorney Cherof has "a full plate", and he would be much more comfortable knowing we have someone who has nothing to focus on except making sure the City does the right thing as it moves forward on the div serv ce ssue Mayor Taylor supports the City Manager's request, and supports her selection for representation. Commissioner Tillman concurred with Mayor Taylor's remarks in light of the anticipated changes from civi service to a new typeof system. He feels we need someone who has specfic labor management experience. The City M~nager needs to have some leeway in making choices and carry ng out the day-to- day operations. Commissioner Jaskiewicz feels Attorney Cherof and his firm have been extremely e~cient in handling every matter. However 'after dearing the concerns of more than 100 employees at the last meeting, she is very concemed with making them feel comfortable. The more input that is orovided, the more comfortable the employees will be She will only consider approving this request for the minimum amount of time that is necessary. Vice Mayor Titcomb agrees that objectivity would be a good thing: however, he has the following concerns: It is key and critical that if we do retain additional legal counsel, that there is an ability to work together with our City Attorney in a cohesive way. 2. Cos[ parameters need to be placed on this entire process so that it is not a runaway situation financially. Vice Mayor Titcomb was not convinced that he had all the facts and details necessary to make a decision. While he wants to provide the City Manager with the tool she needs to solve these problems, he wants to be certain he has all the information necessary to make the best decision. Attorney Cherof felt it was obvious the City Manager had the opportunity to discuss ner request with severa of the Commissioners. He had ~ot had that same opportunity He again requested that this matter De 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 deferred to allow nlm time to explore the type of services she is seeking, and to provide her with some guiaance. He reminded the Commissioners that the liability is ultimately theirs. City Manager Willis advised that Mr. Tomivia was present in the audience. She announced that she is ~n possession of a grievance dated August 18TM that demands a reply by Thursday. She would like exoertise in dealing with this issue, and Mr. Torcivia has that necessary expertise. Attorney Cherof advised that the issue City Manager Willis SpoKe of is clearly covered under the Charter responsibilities of the City Attorney except in the case of a direct conflict. There is no direct conflict in this case. The grievance the City Manager referred to was processed by the City Attorney's Office up to this point. The City Manager's request is extremely unusual. Mayor Taylor said he understood Attorney Cherof's concerns but still supported the City ManageCs request. City Manager Willis felt it was unfortunate that this was becoming a contentious issue. She needs a comfort level that the City is proceeding in the proper manner. She said Attorney Cherof was informed earlier this afternoon, and debated the City Manager's right to retain this legal counsel. Glen Torcivia, attorney from West Palm Beach. has represented the Civil Service Board. Mr. Torclvia assure(~ the Commission that he and Attorney Cherof would not have a personality conflict. They have dealt with each other several times over the past few years. He advised that he is not familiar with the Charter in terms of "chain of command". City Manager Willis suggested to him that although sne probably had the authority under the Charter to retain an attorney, it would pe better to bring it [o the Commission for discussion in the open Mr Tomivia has had a lot of experience dealing with civil service issues. He primarily represented local governments in labor and employment management for 15 years. He is not seeking to interfere with the City Attorney. He would ke to work with the City Attorney in addressing concerns about the proposed change to civil service He anticipates that the engagement would not be longer than approximately six months since this issue will go to referendum in March. Commissioner Jaskiewicz questioned whether Mr. Torcivia felt it would be necessary to work on this issue until March Mr. Torcivia said he was not sure how long this process would take. but the ballot language and Ordinance would have to be done by March. This is the longest amounl of time the process would take. He would antic'aate having this nformation available six or e~gnt weeks prior to the election m order to provide the Commission time for rewew and approval. Mr. Torcivia advised that he intended to contact Attorney Cherof and City Manager Willis tomorrow for copies of the Coral Springs Ordinance which repealed civil service. He will begin working immediately to make suggestions as to the best way [o proceed to change the civil service rules. He feels the work should be done in late January. He does not anticipate that this job will require more than one day's work each week. Mayor Taylor pointed out that Mr. Tomivia will cnarge an hourly rate. He is confident the City Manager will come back to the Commission with a suggestion about payment not to exceed a certain amount of money. Maurice Rosertstock, One Villa Lane, was confused and unpleasantly surprisec He explained that in the years ne has resided in the City, one former City Manager had the practice of presenting the Commission with information during the meeting, or on the day of the meeting, that required a vote. This did not allow [he pup~c an opportJnity to De informed or provide input. Mr. Rosenstoc~: pointed out that we have an attorney wno represents the City and is clearly aware of all of the civil service laws Prior to going to an outside consultant. Mr. Rosenstock would like to learn about other consultants who are available, and whether or not he is charging the proper amount. Civil service rules are very clear and explicit. It is a slight to the City Attorney not to provide him with an opportunity to see what he can offer We will be spending City funds on 9 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, '1997 an outside consultant for results that we do not know will be needed At this point in time no one Knows if this issue will pass orifail in March. Mr. Rosenstock does not see the urgency of having to vote on this issue this evening and feels it will be a serious mistake if that vote is taken. Mayor Taylor said heiwould prefer to spend more money up front than to pay the costs later on. He wants the City to have the best expertise possible and to be comfortable. There is an urgency involved since a response to a grievance is needed by Thursday. The City Manager has the right to get the very best help and he feels strongly about supporting her request, Our City Attorney does an outstanding job, but he has a great deal of work To,do. We need someone WhO can focus attention on this issue. Mayor Taylor said he has investigated this issue and is basing his decision on the homework he has done. Vice Mayor Titcomb questioned whether the Commission could consider providing approval to the consultancy for the sihgle case until the remafnder of the issue can be studied, He suggested revisiting the remaining consultant agreement at the next City Commission meeting Commissioner Jaskiew~cz concurred with Vice Mayor Titcomb's recommendation to tread lightly and get additional public ~nout. She would ike to discuss this situation with Attorney Cherof. She would like [o discuss time 3arameters with him to accomplish this task. Commissioner Jaskiewicz would agree To support City Manager Willis' request to hire Mr. Tercivia to represent her in the grievance matter However she would like to revisit the remaining issue at a future meeting or workshop meeting. Commissioner Tillman maintained his suDpor~ for the City Manager's reaues~ and feels there is an urgency involved in dealing with this civil service issue. If changes are needed down the road. the Commission car make the necessary adjustments Commissioner Tillman does not feel the City Managers hands should be tied Motion Vice Mayor Titcomb moved to approve a provisional contract to allow the City Manager to retain this attorney on the specific case she has referenced with the balance of the contract being brought forward to the next Commission meeting giving everybody (the public, the City Commission and the City Attorney) ar opportunity to get all the information ana facts before a final decision is made. This will give her the tools to deal with the immediate case. Commissioner Tillman seconded the motion. Attorney Cherof did not take issue with the Commission's Dower To do anything it wants to do. While the Commission has broad powers, as a erocedura] matter, the Commission is treading into an area it should not tread into He reminded them that this is a non-agendaed item la contract with a 3rofessional consultant) r his opinion, it is out of order. Although the Commissioners have the right to do this they are not proceeding in the right manner. This is a non-agenda item that is authorizing the City Manager to enter into a contract where ordinarily the Commission would enter into a contract by Resolution after consideration of an agenda item Commissioner Jaskiewicz questioned whether this item could be added to the agenda for the Monday night workshop meeting. Attorney Cherof advised that notice is reduired. th Lee Wische, 1302 SW 18 Street, advised that this exact same type of situation occurred during a Planning & Development Board An error was made in omitting election of chairman and vice chairmar That issue was not on the agenaa When the chairman called for a vote. Mr. Rosenstock brought out the fact that it was not an agendaed item and therefore we could not vote. As Attorney Cherof advised, the item in question was not on the agenda· t was added at the last moment. and Mr. W~sche was effended at how it was done. He feels this is a snow job. It is a slap in the face of the City Attorney not to consult him on somethir~g of this magnitude. Mr. VVische expressea surprise at what he was hearing this evening. He feels the City Attorney was being maae to feel like he is unqualified. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Vice Mayor Titcomb withdrew his motion, Mayor Taylor explained that he has ~ problem leaving the City Manager out on a limb because of indecision about legal representation. He is not concerned about personalities. His concern centers around orotecfing the City and the management of the City. He wants to be certain that we respond correctly. He stated that no one is casting any dispersions against Attorney Cherof However he has reasons and concerns about the way we proceeo. If this cannot be addressed this evening because it is not on the agenoa, he requested that the City Manager research her contract and the Charter to make sure she has the proper legal representation so that she does not place herself in jeopardy. Mayor Taylor requested that this item be brought back on the agenda at the earliest oossible fime. City Manager Willis advisec that she has no personal Issue with [his, Her reply to the appeal is due on Thursday and she has some concern about that. She will nut this item on the agenda for the Monday workshop meeting. Mayor Taylor asked City Manager Willis to research whether or not her response to the appeal can be delayed until the Commission makes a decision about rep£esentation. 4. Block Party Request Mr. Hawkins advised that Mr. Bruce Black submitted a req Jest for a block party on Saturday, August 30. 1997 where the street will have to be blocked off. There have been no specific objections by staff. Motion Vice Mayor Titcomb moved to approve the request for a block par~y by Mr. Black. Commissioner Tillman seconded the motion which carried 4-0. 5. Contract with Dr. Howard Weiner, Occupational Medicine Consultant Services Attorney Cheref confirmed that the Commission could address this ssue ton gnt as long as its handling s declared an emergency. Mr Hawkins explained that there was a "glitch" in the original contract that was approved on Acril 1~ That situatior has been worked out and we would like to move forward with the medical services since the 'enovation of the building is almost complete. Mayor Taylor feels this issue has urgency cecause it is time-sensitive and money-sensitive. Mr. Hawkins confirmed for Commissioner Jaskiewicz that this is only a refinement of the original contract Motion Commissioner Jaskiewicz moved to approve the refined contract with Dr. Howard Weiner. Vice Mayor Titcomb seconded the motion which carried 4-0 VL PUBLIC AUDIENCE Maurice Rosenstock, One Villa Lane, expressed disappointment about the way the issue of legal representation for, the City Manager Was handled this evening. He explained that "someone" forgot that the public has a right to know what the City is doing, When the public does not know what is on the agenda, it is an act of omission_ He reminded the Commissioners that they must instruct the City Manager to include all items regarding contracts or the expenditure of funds on the agenda so that the public has an opportunity to 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 make comments. He felt the handling of this issue was terrible ~- the aublic's eyes. He urged the Commissioners not to let this happen again in the future. Mr Rosenstock referred to Consent Agenda Item "S" relative to turning over uncollectible balances for utility ellis to a collection agency. He questioned whether the collection agency was selected by aid througn the RFP process and inquired as to the cost of this service. He further questioned the amount of money involved in these uncollectible utility bills. Mayor Taylor offered to erovide the back-up matedal on this item. In addition Mayor Taylor advised that upon his advice. City Manager Willis brought the legal representation item forward this evening, Richard Stone, 111 SE 1st Street, is a City emp oyee. He advised that a number of. emeloyees were upset and rtitated by the proceedings that took place at the last City Commission meebng relative to the abolishment of Civil Service in the City of Boynton Beach. The employees felt they were not given fair representation since they were not able to reseond after the Commissioners offered their remarks. Mr. Stone advised that Mayor Taylor did not provide all of the information contained in the article he held up about civil service in the State of Georgia. Mr. Stone reported that the State of Georgia employees were grandfathered in. In addition, many risks were stated in the article, but were not referred to by the Mayor. Referrin~c to the minutes of the meeting, Mr. Stone stated that Commissioner Jaskiewicz resented the inference To political interference. While Mr. Stone feels confident that the Commissioners do not interfere with City employees, he pointed out that the Civil Service Rules and Regulations forbid Commissioners from interfering w~th employees. These are the same rules the Commission wants to abolish. During that meeting, Commissioner Tillman s~a~ea that civil service has hurt the employees. Mr Stone disagreec and pointed out that former City Commissions ana former City administration have not administered civil service correctly. In addition, he said there have been elected officials who have caused more harm to the citizens and employees than any of the Civil Service Rules and Regulations. Mr. Stone could not understand why a memorandum has not been issued by City administration in an effort to calm the fears of the employees. While a number of the Commissioners have expressed their desire to look out" for the employees, he pointed out that these Commissioners will not hold seats forever and another Commission may not be as benevolent as the present Commission. Mr. Stone exelained that what bothers him the most about this entire situation is that the Commission wants to abolish the Civil Service Rules and Regulations that are in the employees' best interest without knowing what will replace those rules ana regulations. That process has just begun Today. Mr. Stone said the tone was that the City Commission knows what is best for the employees. -{owever in his opinion the City Commission does not know. and should not assume they know what is best for the employees. He felt there was a slightly more understanding [one this evening, and he is hopeful that will continue. Commissioner Jaskiewicz commended Mr. Stone on his eloquent and moving speech this evenmg. She said sh,,e wished she could allay employee fears, and poihtffd out that Civil Service does not have to be the "end all. There are better procedures available. She reminded Mr. Stone that we have eight months to try to get a system in place that the employees will be familiar wilth. VII. PUBLIC HEARING: A. Citizens Input on 1996 Award from the Local Law Enforcement Block Grant Program Police Chief Marshall Gage announced that the Police Depar~men~ has been awarded a grant from the Bureau of Justice Administration in the amount of $174.070 of which 10% involves matching funds that will come out of the Police Department Forfeiture ac8ount. Since the funds can be applied in many areas we 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 were requested to nut together a nonbinding advisory committee mane up of members of the community being serviced by the Police Department. The following people made up the committee: Steve Sills - Principal of Congress Middle School Mrs. Anna Nde. Chief Prosecutor. Delray Beach Branch of State Attorney's Office Maurice Rosenstock. representing the ~ocal court system Mrs. Claudia Kirk Bart<~ Palm Beach County United Way Marshall Gage, Police Chief- City of Boynton Beach The Police Department selected technology as the area of application for the funds. They specifically targeting mobile computing in order to expedite report writing in the field, immediately loading them into the records management system and accessing FClCMCIC which is a state-wide and nation-wide criminal information system. This technology has been available for a few years, but the department did not have funds available for it. The Police Department is hopeful that this program will cut report writing time in half for officers in the field freeing up time for more road patrol, mprove reoort writing accuracy ane research capabilities, free up air time on a radio frequency that is drastically clogged with talk and the freeing up of clerical staff inside the department to be utilized for other department tasks. The committee me[ on June 26 to review the recommendation. There was a considerable amount of discussion, and the committee unanimously agreed to support the department in this endeavor. They made a recommendation to move forward with the proposal. The last requirement of this orogram requires a public hearing If there are no objections, there are no other requirements other than to move forward with this project. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ISSUE Chief Gage thanked the committee for their input. The department will move forward with this project mmediately. Chief Gage confirmed for Mayor Taylor that no action from the Commission was rec Jired. Vlayor Taylor thanked the committee for their work on this project. B. Abandonment Application PROJECT: Enterprise Rent-A-Car AGENT: Dee Monette Gil Hyatt Construction OWNER: Harry Hamilton. Trustee LOCATION: 1009 North Federal Highway DESCRIPTION: ABANDONMENT - Renuest to abandon a 20' wide strip of land just. west of Iot~3 end 4 of Block 1 of the Lake Addition to Boynton Beach suedivision in connection with the Enterprise Rent-a-Car Conditional fse· request. Attorney Cherof administered the oath to all who would be speaking on this issue tonight. Dee Monette was present and had no comments. Mayor Taylor advised the Commission that the Planning and Development Board unammously recommended approval of this application 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Motion Vice Mayor Titcomb movea to approve the abandonment application subject to staff comments. Commissioner Jaskiewicz seconded :he motion which carried 4-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons PCD Joe Lelonek Land Design South Bill and Elsie Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to s~gnificantly modify the previously-approve(] building elevations of the Boyn[on Commons PCD Shopping Center. Attorney Cherof administered the oath to all who would speak on this application Joe Lelonek, Land Design South, introduced Mark,Weiner Amhitect for the project, and Debra Kropornicki. an architect from GAP, Mark Weiner advised that when this project previously came before the Commission. the elevations and site plan were approve(] even though not all input from specific tenants was available. Since that time. Land Design South has received a great deal more information from the tenants and the oresentation will reflect the input from Sports Authority, Tony Roma's and Old Navy. During the Planning and Development Board meeting, Sports Authority and Tony Roma's were approve(]. At this time only the Old Navy elevation remains in quesbon. Mr. Weiner circulated photos and displayed a rendering. He explained that the Old Navy stores are going through a growth period. They now have 250 stores and p an to have a tota of 400 stores by next year. All of the stores will have the same identity and architectural cnaracter In response to Commissioner Jaskiewicz' question, Mr Weiner advised that Bed. Bath and Beyond and a men's retail store will be adjacent to Old Navy. Vice Mayor Titcomb noted that there were two versibns of Old Navy, and he questioned which version was being proposec Mr. Weiner advised that the applicant is preposmg the version depicted on the rendering. He reminded the Commissioners that when the original approval v~s given the applicant was nsstent on ma ntanng ~nd~wdual ~denbty for each of the tenants. At the,b~e they proposed three pallettes of color and individual elevations. There was also discussion abobt maint~ ming a balance among the tenants. The aDolicant feels this has been accomplished. Debra Kropornicki advised that Old Navy is a divi~on of the GAP. However, they want the r own dentity They have developed and created the r own corpor~ image with the storefront proposed Eighty stores w be built this year w~th th~s particular storefront. , T~e arches proposed will work with other arches in the Center. This proposal is an upgrade for Old Navy, ~nd she believes the City will be very happy with it. The g~ass proposed for [his building will be frosted 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Ms. Heyden pointed out that the photos they circulated indicate there will ~)e a great des of glass on this storefront. Although this fits ~n with the remainder of the snoppmg center, it does not agree with the previously-approved conditions. She further explained that staff's position is to try to get continuity with each of the "suoer" stores. She feels more can be done to compromise. Mr. Weiner exolained that the original approach, and the original approva~ was for more continuity. However the applicant would like to give each tenant individuality. Although this procosal is different from what was originally "eviewed. [he colors are consistent, and there is an upgraded prototype. This is important for Old Navy. _Maurice Rosenstock feels that if the City has Codes and wants a certain appearance that needs to be made dear in the Codes. After e great deal o¢ discussion, the Planning and Development Board was very explicit. He pointed out that every corporation wants its own design and logo. n his opinion, a design should not redu~re variances. Although this Commission can overrule anything the Planning and Development Board decides, he ouestioned whether the City of Boyn[on Beach will rule by variance and change, or continuity and conformity. Mr. Le onek explained that the applicant is not a~tterrtpting to get around the City's Code. He is attempt ng to give. each tenant some identity. This proposal is an ,upgrade. The backs of the Center have a very nice look against Old Boynton Road. and Sports Authori~ ~vill look great on Winchester Park Boulevard. Along Congress, you will see some slight differences ~n each of the stores Old Navy has differences they want to include. The applicant is anxious to make sure;this Center works and that it is viable. They have tried blending Old Navy 3s much as possible. Commissioner Jaskiew cz did not like disagreeing with staff and the Planning anct Development Board, she explained that her background has made her fextb ~ as ong as the design does not detract from the area She preferred th~s proposa Aver the ongina one and was n favor of the glass treatment. ' In response to Commissioner Jaskiewicz' auesti0n Mr. Leonek explained that with regard with the comments, he agrees with the Planning and Deyel?pment Board's decision on Tony Roma's and SDor~s Authority. The only area of disagreement was Old. N2vy. Mayor Taylor explained that he was surprised by the~ decs on of the Planning and Development Board with regard, to Old'Navy because in general every firnie~ a project goes before them for revew,, they requre architectural treatments on blank walls to brealk ~p the facade. The approved verson of this project contained a blank wall. This proposal now prC~'id~s glass on the facade. In addition Sports Authority chan~ged their odginal proposal by adding ~lass.. ~yor Taylor sees continuity in color, landscaping and entrances If any portion of this proposal does n,ot, bi,end, it is Tony Roma's. Furthermore, this Center will be set up like a compound with all stores facing into the ~ompound. He cannot find fault with the glass fa~:ade. Com~nissioner Tillman said he reviewed the orig .npt ,~,.pproval and this new proposal, and although the glass proposed is quite large on Old Navy, he does not'h~e a oroblem with it. He feels there is Continuity within the Center. Vice Mayor Titcomb said ne does not have a s approved one. However. he feels the orig newly-proposed elevabon. He is between the two elevations. He aDout corporate identity and image. Vice busir~ess, he knows that talented desi Therefore. this should not De the criteria. A site flexibility within that approvah Corporate ider does not get approved Vice Mayor Titcomb sai~ and he will support theft roblem with the new elevations versus the originally- Sports Authority elevation looks ~better than the cannot be applied to come gp with a hybrid Commission constantly hears cries from applicants explained [hat being in the design creation corporate graphics to just about .any situation. be approved and we should try to provide as much the end all word in what gets appr~qved and what not have a problem with the prop~d elevations. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Mayor Taylor agreed with Vice Mayor Titcomb's remarks about corporate identity because that is something that can be changed regardless of location. Mayor Taylor questioned whether anything in our Codes forbids this facade as designed Ms, Heyden advised that the Community Design Plan was changed so that it is more loosely written to require compatibility so that tenants within a shopping center are to use a unifying theme. The problem the Planning and Development Board had with this proposal related to the fact that the applicant eliminated the Spanish tile. the layered columns and the diamonds. The new Code requires those repeating elements, and they were eliminated, Mayor Taylor pointed out that althougl~ those repeating elements were eliminated, the Commission feels [here is consistency. Commissioner Jaskiewicz questioned when the billboards would be removed from the site, From the audience, the property owner advised that the billboard owners were notified today that they are to 'emove the billboards within 60 days from today. Motion Commissioner Jaskiewicz moved to approve the administrative appeal to modify the previously-approved building elevations in the Boynton Commons PCD Center with regard to the Old Navy store. Commissioner Tillman seconded the motion. Mayor Taylor confirmed with Commissioner Jaskiewicz that the mot[on includes the deletion of Comment #3c of the additional Planning and Development Board conditions which states "The Old Navy elevation changes shall not be approved" The motion carried 4-0. X. NEW BUSINESS: A. Items requested for discussion by Mayor Jerry Taylor 1. Letter from the "1 Have A Dream" Foundation Mayor Taylor advised that he received a letter from the "1 Have A Dream Foundation" reouesting a contribution from the City for a golf tournament of which the proceeds will 3enefit the children at Congress Middle School to be held at the end of September. Some of their suggestions were to either buy a tee or sponsor beverages Mayor Taylor will provide the back-up material to the Commissioners. and this item will be addressed at the September 2nd meeting 2. Sound Barrier Wall Mayor Taylor reported that he received a telephone call from a constituent who alerted him to the fact that sound barrier wall along 1-95 stopped short at Forest Park Elementary School, leaving a gap. The wall then begins again leaving the school unshielded. Mayor Taylor reminded the Commissioners ora recent accident wnere a gas truck overturned in [hat area making evacuation of that school necessary. In addition to the safety issue involved there are portables on [he western-most part of the school property and the children are annoyed by traffic 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST '19, 1997 Mayor Taylor auestioned whether it would be possible to contact DOT to find out whether ornot they intend To put a wall in that Iocatior and their reasoning for leaving the gap. Commissioner Jaskiewicz advised that she and Mr. Newbold attended a meeting relative to the wall. However she did not 'ealize during that meeting that DOT was going to stop short of Forest Park Elementary School. She said the noise in that school is deafening. Mr. 'Newbold said he will check the plans tomorrow contact DOT and provide a response for Mayor Taylor. Xl LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O97-$4 Re: Rezoning - Heise/Auto Care Center of America PCD ...............POSTPONED UNTIL SEPTEMBER 2nd This item remained on the table until the September 2nd meeting. Proposed Ordinance No. O97-41 Re: Amending Chapter 1.5 of the Land Development Regulations by amending Sections 4.3(A) and 4.3(B) to add conditional use appmvaF and "conditional use approval time extension" to the list of applications/requests that shall be preliminarily reviewed by the Planning and Development Board Attorney Cherof read Proposed Ordinance No. O97-41 by title onty. Mayor Taylor announced the Public Hearing, There was no one present who wished to speak on this Ordinance Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-41 or second and final reading, Commissioner Tillman seconded the motion City Clerk Sue Kruse polled the vote. The vote was 4-0. Proposed Ordinance No. O97-42 Re: Amending Section 6, E of the City Sign Code, Chapter 21 of the Land Development Regulations Attorney Cherof read Prooosed Ordinance No. O97-42 by title only. Mayor Taylor announced the Public Hearing. There was no one present who wished to speak op this Ordinance. Motion Commissioner Tillman moved To approve Proposed Ordinance No. 097-42 on second and final reading. Vice Mayor Titcomb seconaea the motiot' City Clerk Sue Kruse coiled the vote. The vote was 4-0 4. Proposed Ordinance No. 097-43 Re: Deleting Charter Sections Attorney Cherof read Proposed Ordinance No. O97-43 by title only. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Attorney Cherof recommended that an amenament be made to Page 2, Section 2. There will be a deletion of the reference [o Section 20. 1. a corresponding deletion in the reference to Section 20.1 on Page 5 and the reference n the sixth line of the proposed ballot question. This section refers to the pension ana retirement system. This amendment will leave the ianguage in the Charter as it currently appears. Mayor Taylor announcec the Public Hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-43 on second and final reading. Commissioner Tillman seconded the motion. Mayor Taylor confirmed that the motion includes the deletion as stated City Clerk Sue Kruse 3oiled the vote, The vote was 4-0. B. Ordinances - tst Reading Proposed Ordinance No. O97-44 Re: Amending Chapter 1.5. Section 2.F. of the Land Development Regulations [o remove aH references [o unexcused absences in said Chap[er, an(] providing that on the sixth absence, the member shall be removed from the Planning and Development Board Maurice Rosenstock said there is an error on the third Hne of this 9reposed Ordinance The word sixth should be corrected to read seventh. This change will mean that members will receive a Warning on their sixth absence that one additional absence will result ip remova~ from the board The Commissioners were in agreement with this correction. Attorney Cherof read Proposed Ordinance No. O97-44 as follows: "An Ordinance of the City Commission of the City of Boynton Beach Florida amending Chapter 1.5 of the Land Development Regulations of the City of Boynton Beach by amending Section 2. F, removing the reference to unexcused absences and provided that the number of absences by a board member prior to the removal is increased from three to six. providing for conflicts, severability, codification, and an effective date." Commissioner Jaskiewicz confirmed that the members would be removed on the seventh absence. Mayor Taylor confirmed with the City Clerk removal of board members for all other City boards occurs after the fourth absence. A warning letter is issued following the third absence. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No 097-44 on first readiPg. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse eolled the vote. The vote was 4-0 Proposed Ordinance No. 097"45 Re: Amending Part It. Chapter 2, Article IV of the Code of Ordinances m amend section 2-56 providing for increase of the 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 exemption amount for competitive bidding to $2.300 except as provided in Section 2-56.1: amending Section 2-56.1(b) providing for revision of the current competitive bidding exemption for purchases in excess of $1,000 and less than $5.000 to revise the exemption to purchases between $2,000 and $10.000 Attorney Cherof read Proposed Ordinance No. 097.45 by title only. Motion Commissioner Jaskiewicz moved to approve Proposeo Ordinance No. 097-45 on first reading. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse ~olled the vote. The vote was 4-0. C. Resolutions: None D. Other: None XII, UNFINISHED BUSINESS: None XIII. OTHER: None XlV. ADJOURNMENT: There being no further business to come before the City Commission. the meeting properly adjourned at 8:30 o.m. t9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 ATTEST EYlt~'Clerk ~ges~e¢~eta W~a~~ CITY OF BOYNTON BEACH Vice/ayor Commissioner Commissioner 2O CITy OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS AUG UST 19, 1997 AERIAL DATA REDUCTION ASSOCIATES ....................................... $ 30,192.50 Automated Design Mapping Services Pay From Util Gen Fund-403-000-0-691-30 CONSTRUCTION TECHNOLOGY INC ............................................. $ 221,364.00 PO# 13654 Tower for Mangrove Park, Pymt# 6 Original Contf~t ............................................................................ $1,380,000.00 Change Orders ................................................................................................. 0.00 Payments to Date .................................................................................. 857,979.00 Current Payment ................................................................................ $ 221 364.00 Contract Balance ................................................................................ $ 300,657.00 Pay From Cap Imp Fund - 302-412-5-630~12 FLORIDA PLANNING GROUP INC ....................................................$12,500.00 Professional Services/Consolidated and Action Plans Pay From Corn Imp/CRA Funds - 621-136-5-499-00 LANG ENGINEERING ......................................................................... $ 67,964.01 IAQ City Hall Pay From Cap Imp Fund- 302-194-5-640-05 U.S. ENERGY SERVICES INC ............................................................ $ 30,926.98 IAQ Diagnostic, Consultation, Lab and Expenses Pay From Cap Imp Fund- 302-194-5-640-05 SOLID WASTE AUTHORITY OF PBC ................................................ $ 48,838.06 PO# 12830.7/97 Use Fees. Jet-Vac, Sweeper. Pay From Various Funds COM ~/~!SS! ON AUG t9 APFA~VAL THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. BILL M. ATKINS, DEPUTY DIRECTOR FINANCE DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Walk ACLF APPLICANT: Palm Walk Associates. LTD APPLICANT'S AGENT: Greg H. Fierman APPLICANT'S ADDRESS: 201 S. Biscayne Blvd.. 22nd Floor, Miami, FL 33131-4336 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Concurrency Time Extension/Conditional Use Time Extention LOCATION OF PROPERTY: North side of S.W. 19th Avenue approximately 351 feet east of 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 als0ve~ The City Commission' having ~;0ns d~red the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the p~blic fi~ds 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 HAS NOT established by substantial competent evidence a ~asis 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. 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 Page 2 Palm Walk ACLF File No. CUTE 97-001/CNTE 97-001 PLANNING ANDZONING Comments: 4. Time extension approval is subject to all staff comments that condition the original ,ap~-cat-(File No,.,COUS~94:003). This would include :the~ C~nmUni/y D~sign Plan appeal that Was granted. 5 The'~oP~ iS Wi~ Weed~i~i gra~ , ,k [¢ reeommeUded that~'a regular si~,mtenance program be ~it~a?d immediately to comply with the ~'S ,mgsan~ S~anaards. AD ~,D~E~I~M~N~ B~,,ARD/GOBtD!TIONS ~,- EXHTBIT Z5 Conditions o£.Appro~v~l Project name: Palm Walk ACLF File number: CUTE 97-001/CNTE 97-001 Reference: Letter of request dated June 27, 1997. File # CUTE 97-001/CNTE 9%001 with a June 30, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. All structures and appurtenances shall be a minimum of 10 feet from existing water and sanitary sewer mains. 2. Continue proposed asphalt drive/entrance to existing sanitary lift station north to match existing concrete north edge for access and maintenance. 3. A hold harmless letter will be required for the proposed paver blocks in utility easements. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION C6mments~; None __FORESTERdENVIRONMENTALIST Comments:~ None EXHIBIT "D" MCDERMOTT, WELL & EMERY VIA FEDEI~,.L EXPRES~ Tambri J. Heyden, AICP Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 A Partnership Inchding Professional Corporattons 201 South Biscayne Boulevard 22nd Floor Miami, FL 33131-4336 305-358-3500 Facslrnile 305-347-6500 Gregg H. Fierman Attorney at Law 305-347-6554 June 27, 1997 Chicago Los Angeles Newport Beach New York St. Petersburg (Russia) Viinius (Lithuanial Washington, D.C. Associated (Independent) Offices: Barcelona L~ndon ~.~'~ d~id Re: File No.: Location Palm Walk Adult Congregate Living Facility CUTE 96-001/CNTE 96-001 North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue and 598 feet south of Woolbright Road Dear Ms. Heyden: This letter is written as a follow-up to our telephone conversation yesterday with respect to the captioned matter. As I indicated toyou, our office represented Palm Walk Associates, Ltd., a Florida limited partnership ("Palm Walk Associates,,), in connection with its acquisition of the subject property. Palm Walk Associates acquired title to the subject property on April 17, 1997. Its acquisition of the subject property followed a foreclosure action against Mark Fassy. It is our understanding that a former owner of the subject property had obtained a conditional use approval and concurrency certification for the Palm Walk Adult Congregate Living Facility. As the new owner of the subject property, Palm Walk Associates intends to construct ~n adult congregate living facility on the property. However, our client recently discovered that the conditional use approval and concurrency certification for the Palm Walk Adult Congregate Living Facility will expire on August 16, 1997. Although our Client intends to commence construction shortly, it does not anticipate being in a position to commence construction by August 16, 1997. Accordingly, this letter will serve as a formal request by Palm Walk Associates to the City of Boynton Beach for the issuance of a one (1) year extension for the conditional use and concurrency certification for the Palm Walk Adult Congregate Tambri J. Heyden, June 27, 1997 Page 2 AICP Living Facility. In this regard, enclosed is our firm's trust account check made payable to the City of Boynton Beach in the amount of $400.00, representing the fee required in connection with this request for the one (1) year extension. Thank you for y.our assistance in connection with this matter. Ple.ase do not hesitate to call me if you require/~v additional ~nformation with respect to the fo~~ ~ G~IF: mh ~ Enclosure cc: Palm Walk Associates, Ltd. Mr. Louis p. Giacalone \45978\01 I\60CORFIE. 039 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA · PROJECT NAME: Boynton Beach Mall - Department Store F APPLICANT: APPLICANT'S AGENT: Cormac C. Conahan APPLICANT'S ADDRESS: 2000 Glades Road, Suite 400, Boca Raton, FL 33431-8599 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: 301 N. Congress Avenue DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission ofthe City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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 ,/ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Cle~l~ J:\SHRDATA\Planning~SHARED\WP\PROJECTS~BBMALL\SPTE\DEVELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Boynton Beach Mall - Department Store "F" File number: SPTE 97-004 Reference: Letter of request for site plan time extension dated July 2, 1997. File # SPTE 97-004 with a July 1997 Plannin~ and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Department of Health permits shall be required for the water and sewer systems serving this project. (Sec. 26-12) 2. A capacity reservation fee shall be due for this project upon my request for signature on the Health Department application forms or within 30 days of site plan time extension approval, whichever occurs first. This fee shall be determined based upon final meter size. (Sec. 26-34(E)). The past due reservation fee for the current year is also due at this time. We request that this fee also be paid within the specified time frame. Failure to pay this fee in a timely manner will result in withholding of concurrency approval, and voiding of the site plan extension. 3. Water and sewer lines to be owned and operated by the city shall be included within utilities easements. Show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city. (Sec. 26-33(a)) 4. City water may not be used for irrigation where other sources are readily available. Please indicate the proposed irrigation water source. (Comp Plan policy 3C.3.4) 5. Provide a minimum of ten (10) feet from center of a utility pipe to any structure or appurtenance. Unobstructed access to utility facilities must be provided. (Sec. 26~33(b)) 6. The Utilities Department requests a meeting with the applicant's design engineer to discuss utility relocations and Health Department permit applications. FIRE Comments: None POLICE Comments: None Page 2 Boynton Beach Mall - Department Store F File No. SPTE 97-004 ENGINEERING DMSION Comments: 7. Recommend a one time only, 12 month extension. The extension is subject to the most current set of Land Development Regulations at time of permit application. BUILDiNG DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 8. NONE ADDITIONAL CITY COMMISSION CONDITIONS 9. To be determined. /bme s:\projects\cond of appn HDDGSON RUSS ANDREWS WOODS & GOODYEARu~ 2000 Glades Road A/band Suite 400 Boca Ra~on Boca Raton, FL 33431-g599 Buffa/o 561-394-05001~OCA t~l-ON New York $61-736-2177 ?AL~ 15r~aca Rochester 954-764-2440 BI~OW.~,D Mississauga ~c: 561-394-3562 (Toronto) ~ bocalaw @hodgson-fla.ccmail.¢ompuserve~com Sasan IC Baume~ P.A. Lawrence E Beyer C.C. Conahan~ P.A. Larry Corman, P.A. Anthony L Dutton, P.A, Richard A. Ooelz, t~A. Michae2 H. Gora, p.A. July 2, 1997 Tambri J. Heyden The City of Boyn~on Beach 200 N. Seacrest Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Dear Ms. Heyden: Re: Bo!znton Beach Mall Department ~tore Pile No. NWSP 96-001 Location: 301 N. Conqress Avenue, Bo~rnton Beat1, This firm represents the owner of the Boynton Beach Mall. As you recall, I processed the application for the above-referenced Development Order/Site Plan Approval. My client respectfully requests a one year time extension for building permit issuance for the Project and Development Order and would show the following grounds for the request: 1) There has been a merger/reorganization of the developer of the Boynton Beach Mall since the Site Plan Development Order was approved. 2) Although the Site Plan Development Order was heard by the City Commission on May 17, 1996, the City Clerk did not issue the Order until June 5, 1996, and the City communicated the Site Plan Development Order to me on June 19, 1996. t did not receive it until June 24, 1996. I contacted you before June 24 of this year requesting an extension. (I enclose copies of the correspondence.) A Registered L~mted Ltabili~_ Partnership Including Professional Associations : - HODGSON RUSS ANDREWS WOODS & GOODYEARm, 3) 4) Dillard, s, which was the company that was to occupy the sixth department store, was able to move into the vacated Mervyn, s store. This project is subject to a D.R.I. Development Order adopted by the City Commission that allows 2 years (until February, 1998) to construction, commence 5) The prospective department store for the "F" site urgently needs to begin construction of the sixth departmenm snore at the Mall. 6) There are no changes requested at this time to the Site Plan or the conditions for development as adopted by the City Commission and my client will proceed under the approved Site Plan. I enclose the $400.00 application fee and request that this be placed on the TRC Agenda for July 15 and Planning and Development Board meeting for July 22, 1997. As we discussed with Mr. Haliahan, my client has already put the wheels in motion to comply with Conditions 17, 18, 19, and 24. The addition of this new store will greatly enhance the position of the Boynton Beach Mall in the South Florida market and preserve its standing as a premier regional mall. My client is proud to bring this opportunity no the City of Boynton Beach. Thank you for your prompt response. My client looks forward no continuing the professional relationship you have always extended in the past. Very truly yours, C.C. Conahan, P.A., Parnner Cormac C. Conahan CCC:cs Enclosure 76434 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ARC at Boynton Beach (American Retirement Communities) APPLICANT: Charles Putman and Associates APPLICANT'S AGENT: Bradley Miller APPLICANT'S ADDRESS: 4722 N.W. Boca Raton Boulevard, #C106, Boca Raton, FL 33431 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southeast corner of Congress Avenue and S.W. 23rd Avenue DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MA'I-t'ER came on to be heard before the City Commission of the City of Boynton Beach, Flodda 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: 1 Ap. plication for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant v~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED. ~'~//~.~ J:~SHRDATA~Ianning~S~ED~ROJECTS~RC at Boynton Beach~SP~LOPMENT EXttIBIT "[t" Conditions of Approval Project name: ARC at Boynton Beach (American Retirement Communities) File number: NWSP 97-012 Reference: The plans consist of 16 sheets identified as 2nd Review. New Site Plan. File # NWSP 97-012 with a Jul? 8, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: of Health permits will be required for the water and sewer 1. Department systems sea-ring this project. (Sec. 26-i2) 2. Fire flow calculations demonstrating the city code requirement of 1500 g.p.m. (LDR Chap.6, Art. Sec. 16), or the requirement imposed by insurance underwriters, whichever is greater will be required. (Sec. 26- 16(a)) 3. Water meter sizes are smaller than required for this specific use. Provide ~'~ engineering calculations of required water meter size. 4. A capacity reservation fee will be due for this project upon the Utility Department request for signature on the Health Department application forms or within 30 days of site plan approval. This fee will be determined based upon final meter size (Sec. 26-34(E)). 5. Water and sewer lines to be owned and operated by the city shall be included within utility easements. Show all proposed easements on the engineering ch-awings, using a minimum ~vidth of 12 feet. The easements shall be dedicated via separate instrument to the city (Sec. 26-33(a)). 6. Appropriate backflow preventers will be required on the domestic water service to the building, and the fire sprh~kler line if there is one (Sec. 26~ 207). 7. City water may not be used for irrigation where other sources are readily available (Comp Plan policy 3C.3.4). FIRE Comments: None POLICE Comments: None Page 2 ARC at Boynton Beach File No. NWSP 97-012 ENGINEERING DIVISION Comments: 8. Locate stop signs next to stop bars at both egress driveways. [MUTCD] 9. The site lighting shall conform to Chapter 23, Article iI.A. to include, but not limited to, a minimum average of one foot candle. 10. Provide accessible routes from handicap parking spaces to all sidewalks on the site and the proposed sidewalk along the south side of Golf Road. [Florida Accessibility Code] 11. Provide a connection between all retention areas. [Chapter 6, Article IV, Section 5.B] 12. Provide an engineer's written certification that the drainage will conform with all rules, regulations and codes, including but not limited to, Chapter 6, Article IV, Section 5 of the city's Land Development Regulations. [Chapter 4, Section 7.F.2.] 13. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBCC, SFWMD, LWDD and any other permitting agency shall be included with your permit request. BUILDING DIVISION Comments: 14. On the site plan place a note indicating that the required handicapped accessible path leading to the entrance of each building from the abutting public right-of-way and the handicapped parking spaces will be designed and constructed in compliance with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2. 1II (1) thru (4). Where applicable, specify with notes on the plan the location of the required curb cut ramps. Also, dimension the width of the accessible path. 15. Where applicable, provide the following information on the Paving and Drainage Plan: a) Show the location of the handicapped accessible curb cut ramps. b) Provide a detail drawing of the curb cut ramp(s). c) Specify the finish grade elevations and/or slope of the accessible paths required to each building from the public right-of-way and the handicapped parking spaces. d) Identify the finish floor elevation of each building. Note: All drawings, dimensions, surface finishes, elevations and slopes Page 3 ARC at Boynton Beach File No. NWSP 97-012 shall comply with the regulations specified in the Florida Accessibility Code for Building Construction, Section 4.1.2 III (1) thru (4). 16. At time of site plan review building and site siguage is required to be submitted and reviewed for compliance with the applicable code regulations. Because the applicant did not provide the requested detail drawings of the site or bu!lding siguage including showing, identifying and dimensioning the location, color of sign structure or form of illumination, it is recommended that the sign be approved administratively, subject to the location of the sign complying with the setback regulations of the sign code, color of the structure being compatible to the color of the sign an~[ a note being placed below the sign drawing indicating the sign is not illuminated. To clarify the status of the signage for the project place a note on each elevation view drawh~g of the buildings indicating that no building signage will be installed or note that a subsequent site plan approval is required for building siguage. [Chapter 21 - Sign Code, Article III, Section 5 and Article IV, Section 1 and Chapter 9 - Comvmmity Design Plan, Section 10.I] 17. Permit plans for the proposed project shall comply with the applicable Building, Energy and Handicapped Codes. [Chapter 20 - Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 18. The submitted traffic statement shall be evaluated by the Palm Beach County Traffic Division, prior to issuance of the first building permit. 19. Lighting shall be shown, as required by LDR, Chapter 4, Section 7.B.2, on the landscape plan to eliminate potential conflicts with landscape material and existing or proposed easements. 20. Provide a survey of the property meeting the requirements of LDR, Chapter 4, Section 7.A. Specifically, provide a clause on the survey stating that the property was abstracted for rights-of-way and easements. 2I. Provide calculations verifying that the native requirement of fifty percent of the required landscape planting has been met (Comprehensive Plan Policy 4.4.6). Page 4 ARC at Boynton Beach File No. NWSP 97-012 22. Provide the width of the required perimeter landscape buffer along the eastern property line, as required by LDR, Chapter 7.5, Art. II, Section 5.E. 23. Provide architectural consistency of all proposed buildings shown on the site plan, floor plans and elevations (Land Development Regulations, Chapter 4, Section 7.D.1). 24. On the site plan depict distances between buildings, distances between the buildings and property lines and other relevant measurements, as required by Land Development Regulations, Chapter 4, Section 7.B.1. 25. Approval of the landscape plan and site plan, with respect to vegetative buffer vs. ~vall, shall be subject to Commission approval of a revised stipulation agreement. Eliminate from all plans any reference to the proposed 6 foot high wall if the agreement is revised. 26. With the permit drawings provide details of the lighting shields to verify that the on-site lighting will meet the conditions of the Stipulation and Settlement Agreement. 27. Deceleration lanes at the project entrances shall be provided if determined necessary by' Palm Beach Coanty as part of their review of the traffic study. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 28. Include a one-way ingress/egress sign at Golf Road. ADDITIONAL CITY COMMISSION CONDITIONS 29. To be determined. A/~/v~ /bme s:\projects'~cond of appr~ LOCATION MAP ARC At BOYNTON BEACH 1/8 MIL~ ~I '0 400.'800 FEET / --'-- ~ ~--:' ' 8 -'~7 ~, ~, DEVELOPMENT ORDER o ~ CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Melear PUD APPLICANT: James Bisesi and Gene GIick APPLICANT'S AGENT: Donaldson Hearing APPLICANT'S ADDRESS: Suite 402, 1070 E. Indiantown Road, Jupiter, FL 33477 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Master Plan Modification (change access unit types and buffer width) LOCATION OF PROPERTY: Southwest comer of Congress Avenueand Miner Road between the LWDD L-20 and L-21 canals 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 sougnt was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ,-" 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 ~" 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 fur[her development on the property shall be made in accordance with the terms and conditions of this order, 7. Other DATED. ~-zg~ ,¢.¢.¢¢./~'¢~ ~_~.~_, .. ,.~= 0 ;~ ,.,.. = ~/ ' ~' City Clerk ~ ~ T~. ~.o'_0~c¢,,~0..] ~ J:~SHRDATA~Ianning~RED~ROJEOTS~EL~R~PMD~LOPMENT ORDER,doc ~ ~O~ ~ LOCATION MaP ~""~ '~ MELEAR PUD LUI:4.0 .... '0 400.'800 FEET .............. ~.-....~.~ -.- EXHIBIT "B" Conditions of Approval Project name: Melear PUD File number: MPMD 97-003 Reference: The plans consist of 3 sheets identified as 2nd Review. Master Plan Modification File # MPMD 97 003 with a July 22, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS ] INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: I. The plans show a driveway access for Phase 2 from N. Congress Avenue. Police department does not recommend this ingress/egress be granted. / Sandalwood Drive is currently a divided roadway and was designed to handle the egress from all phases of this parcel. An additional egress would create a hazardous traffic concern on Congress Avenue, allowing more crossover movement. ENGINEERING DIVISION Comments: 2. The subject traffic analysis only addresses the traffic generated by the proposed new development and doesn't provide an overview of the area at build-out. It is in the city's best interest to not modify the existing master I// plan which would allow access from Phase II of the PUD onto Congress Avenue. Therefore, it is recommended that the proposed access to Phase II be relocated to Sandalwood Drive. BUILDING DIVISION Comments: 3. Remove the note indicating that setbacks are to be determined at site plan ,/ approval. All setbacks are established at time of master plan. [Chapter 2.5 - Planned Unit Developments, Section 9.B.] 4. To maintain the intent of the basic design of access points to units located within a planned unit development (PUD) project and to remain consistent ~/ with the location of the access points that are existing to the adjacent single family and multifamily planned unit developments (Meadows PUD and Dos Page 2 Melear PUD File No. MPMD 97~003 I DEPART1VJENTS [ INCLUDE REJECT Lagos PUD) it is recommended that the access points to Phase 2 be located on the internal access road (Sandalwood Drive) rather than Congress Avenue. 5. To maintain a consistent width of the streetscape, landscape buffer and building setback along the east property line of the Melear PUD, it is recommended that the width of the buffer and building setback for Phase 2 , remain 50 feet rather than the proposed 40 feet. I PARKS AND RECREATION Comments: 6. In order to remain qualified for half credit for the recreation dedication requirement, the developer must provide private recreation in accordance with Chapter I, Article V of the Land Development Regulations, that is accessible to Phase II residents. FORE S TEPJENVIRONMENTALI S T Comments: 7. Submit a statement in regards to any of the existing desirable trees on the site. This comment should be included with the clearing and grubbing permit issued for the site. This can be addressed at a time prior to Building Department permit. [Code of Ordinances Environmental Chapter 7.5, Tree Preservation] 8. Landscape and irrigate the existing grassed medians on Congress Avenue abutting the PUD, in conjtmction with the city comprehensive plan. The permit to perform the work must be submitted to Palm Beach county. The city will be the permitee of the county permit and assume maintenance of the completed medians. [Comprehensive Plan Policy 2.4.5., p42] PLANNING AND ZONING Comments: 9. The traffic study submitted with the original 1983 master plan indicated Sandalwood Drive as a main PUD thoroughfare that provides access to/from city streets: Miner Road to the north and Congress Avenue to the west. The fimction of Sandalwood Drive is to tie all phases together and to provide vehicular access (main access point) to all phases of development. The proposed access from Congress Avenue may pose a traffic hazard at this intersection. It is recommended that the access onto/from Congress Avenue for Phase 2 be eliminated and the prosposed driveway access onto Sandalwood Drive be designated as the access point to Phase II. 10. Provide a revised storm water management plan as required by LDR, Page 3 Melear PUD File No. MPMD 97-003 DEPARTMENTS INCLUDE REJECT Chapter 3} Article IV, Section 3.T. 11. It is recommended that the proposed 3 foot to 4 foot aluminum picket fence i// along Congress Avenue be replaced.witk a 5 fvv~ Id~l ..... ~cm'3~ 12. Eliminate the conflict bet~veen the 20 foot wide utility easement and the canopy shade trees. 13. If the Commission determines that the access onto Congress Avenue provides a safer traffic situation and therefore allows it, it is reconunended that the developer escrow $45,000 for a signal at Sandalwood Drive and Congress Avenue or submit a letter of credit for $45,000 for one year after the PUD is built out. At that time it will be determined whether a signal is warranted by the applicant requesting through Palm Beach County counts on Sandalwood and Miner Road. Ifa signal is warranted, it shall be installed and the access onto Congress closed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 14. Delete comment no. 1. 15. Delete comment no. 2. 16. Delete commentno. 4. 17. Delete commentno. 5. 18. Delete commentno. 9. 19. Delete commentno. 13. 20. Delete that portion of comment no. 11 regarding the six (6) foot buffer wall. ADDITIONAL CITY COMMISSION CONDITIONS 21. To be determined. ,~,'~' /bme s:\projectsxcond of appn DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mobile Village APPLICANT: Bob Brown APPLICANT'S AGENT: None APPLICANT'S ADDRESS: 3757 N.E. 6'" Drive. Boca Raton. FL 33431 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (dumpster enclosure) LOCATION OF PROPERTY: 1801 N.E. 4~n Street DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MA'FI'ER 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. 2. The Applicant ,/ 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 ~' GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other · --' EXHIBIT "B" Conditions of Approval Project name: Boynton Beach Mobile Village (canvas dumpster enclosure) File number: CDPA 9%003 Reference: Letter of request dated July 3, 1997. File # CDPA-97-003 with a July 7; 1997 Plann'mg and Zoning Department date stamp markine. DEPARTMENTs INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILI'rniS Comments: N/A FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DMSION Comments: N/A BUILDING DIVISION Comments: N/A PARKS AND RECREATION Comments: N/A FORI~STER/ENVIRONMENTALI ST Comments: N/A I PLANNING AND ZONING Comments: 1. If the appeal is granted, it is recommended that the sides of the dumpster shall be protected by additional structures (such as a heavy duty steel frame, concrete or steel bollards, etc.) and appropriately landscaped. A letter from the property owner releasing the city from any liability of damage (to either the canvas, or structaral framing) caused by city sanitation vehicles is ~ required prior to issuance of a building permit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied ADDITIONAL CITY COMMISSION CONDITIONS 3.: To be determined. LOCATION MAP BOYNTON BEACH MOBILE VILLAGE ;=lie 0 1/8 MILE .400. '800 FEET DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BGI Industries, Inc. at Quantum Park APPLICANT: BGI Industries, Inc. APPLICANT'S AGENT: APPLICANT'S ADDRESS: 1991 S.W. 33ra Place, Ft. Lauderdale, FL 33301 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (off-street loading location) LOCATION OF PROPERTY: Northeast comer of Gateway Boulevard and Quantum Boulevard (tots 32, 33, 34A, 34B, 35, 36~ 37 and 38 in Quantum Park) DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda 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 v/' 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 v/ 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: ~/_..~ ~/¢~;I~' ~:?/¢4'~--~.-~.~ d g' City Clerk J:\SHRDATA~Plan ning \S HARED\WP'~PROJECTSt, BGI~ZNCV~D EVELOPMENT ORDER.doc MASTER -- .,. .......... ~~ ~{ ~,~ .~'~'~~ - . - ~ .: .. SITE DEVELOPMENT PLAN KEY PLAN LE~.ND 400. 800 FEET EXHIBIT "b" Conditions Project name: BGI - off-street loading location File number: ZNCV 97-005 Reference: Application and exhibits with a July 9, 1997 Plann~n.q and Zoning Department date .markin.q ' , DEPARTMENTS INCLUDE J REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/A FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DIVISION Comments: N/A BUILDING DIVISION Comments: N/A PARKS AND RECREATION Comments: N/A FORESTER/ENVIRONMENTALIST Comments: N/A PLANNING AND ZONING Comments: 1. It is recommended that the variance, if granted, be tied to the parcel of land consisting of lots 34A, 34B, 35, 36, 37 and 38 (excluding lots V'/ 32 and 33 not proposed for development at this time). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. JL/bme , J:\SHRDATA\Plann[ng\SHARED~VVP\PROJECTS\BGi~ZNCV~cond. of approval,doc DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Enterprise Rent-A-Car APPLICANT: Harry Hamilton, trustee APPLICANT'S AGENT: Dee Monette Gil Hyatt Construction AGENT'S ADDRESS: 989 N.E. 45"~ Street. Ft. Lauderdale, FL 33334 DATE OF HEARING BEFORE CITY COMMISSION: August,~, 1997 TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 1009 North Federal Highway 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 headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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 / 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 fur[her development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~:~.g,~.,~_<~g ..~..~./~'~'~ J~Plannmg\SHARED\WFAPROJECTS\Enterpdse~ABAN~DEVELOPMENT ORDER. doc EXHIBIT "t~" Conditions of Approval Project name: Enterprise Rem-A-Car -- Alley File number: ABAN 97-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILI'IIES Comments: No concern (verbal response) FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DIVISION Comments: No concern (verbal response). BUILDING DIVISION Comments: N/A PARKS AND RECREATION [ ' Comments: N/A FORESTER/ENVIRONMENTALIST Comments: N/A PLANNING AND ZONING Comments: 1. Prior to approval of the utility abandonment resolution, verification shall be submitted that indicates that the new 12 foot wide easement requested by I// Bell South has been recorded to Bell South satisfaction. 2. Prior to approval of the utility abandonment resolution, provide a letter from 1// the F.E.C. forfeiting their rights to purchase western half of the abandoned right-of-way. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 4. To be determined. /~/~' I LOCATION MAP ~-'~'"~'~'- ENTERPRISE RENT-A-CAR REC EXHIBIT "1~" Conditions of APproval Project name: Boynton Commons PCD File number. ADAP 97-002 Reference: Letter of request with a June 13, 1997 Planning and Zon nq Department date stamp marking ' DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/A FIRE Comments: N/A POLICE Comments: N/A ENGINEER NG DIVISION Comments: N/A BUILDING DIVISION Comments N/A PARKS AND RECREATION Comments N/A FORESTEPJENV RONMENTALIST Comments: N/A pLANNING AND ZONING COmments: 1; It is recommended that the upper fenest~u[ion of the front elevations for Old Navy, Sports Authority and Tony Roma's be designed as follows: A. The height of the windows/glass elements shall not exceed 75 percent of the ground floor level storefront height. ,/ B. Each window frame glass element shall be separated, rather than combined in multi store fronts. C. Main entrance storefront shall remain a predominant element of the front elevation. // 2. The previously approved Walgreen's elevations are not the subject Page 2 Boynton Commons PCD File No. ADAP 97-002 DEPARTMENTS INCLUDE REJECT of this revision and will be constructed as approved. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. Reword comment #1 as follows: a) The elevations for Tony Roma's shall be approved as submitted. b) The elevations for Sports Author ty shall be approved as submitted c) The Old Navy elevation changes sha ~ be approved ADDITIONAL CITY COMM SS ON CONDITIONS 4. To be determined. ,,(~,,v'~''~ /bme s:\projects\cond of appr\ LOC;^TIO~ MAP BOYNTON COMMONS C' 1/8 MILE.~ 400 800 FF[T REC., DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commons PCD APPLICANT: Boynton Commons Corporation APPLICANT'S AGENT: Joe Lelonek, Land Design South AGENT'S ADDRESS: 1280 N. Congress Avenue, Suite 215, West Palm Beach, Florida 33409 DATE OF HEARING BEFORE CITY COMMISSION ~.~' TYPE OF RELIEF SOUGHT: Request for an administrative appeal to alter the previously approved building elevations of the Boynton Commons PCD shopping center 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 / 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 / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \PROJECTS\BOYCOMM~,DAP\DEVELOPMENT ORDER.doc