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Minutes 01-07-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 7, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor. Mayor Shirley ,~askiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Dale Sugerman, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS Call to Order Invocation Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:34 p.m. The invocation was offered by Dr. Randall Gill of the First Presbyterian Church. The Pledge of Allegiance to the Flag was led by Vice Mayor Jaskiewicz. D. Agenda Approval 1. Additions, Deletions, Corrections Commissioner Tillman requested that Item X.B.1 be moved up on the agenda since it is not New Business. It became Item IV.E. Attorney Cherof added Item III.C.10 (Resolution Accepting a Deed for the Julia Counsel Property). He advised that this has previously been approved by the Commission; however, the title company requested this resolution. Commissioner Titcomb added Item X.B.1 (Digital Speed Signs). Commiss oner Bradley added Item X.C.1 (Request for Information on the Pay Plan). Vice Mayor Jaskiewicz added Items X.A.3 (Legal Opinion on Newspaper Racks) and X.A.4 (DOT Construction Proiects). MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 2. Adoption Motion Commissioner Hillman moved to approve the agenda as amended. Titcomb seconded the motion, which carried 5-0. Commissioner II. ADMINISTRATIVE A. Appointments to be made Appointment To Be Made Board Mayor Taylor" Mayor Taylor** Mayor Taylor" Titcomb*' Mayor Taylor** I Titcomb** Il Bradley" Mayor Taylor" I Tit~omb*' I Titcomt)" I Titoomb" II Bradley' II Bradley* Adv Board on Children & Youth Reg Community Relations Board Alt Education Advisory Board Alt Community Relations Board Reg Board of Zoning Appeals Reg Boaro of Zoning Appeals Rag Board of Zoning Appeals All Library Board Reg Adv Board on Children & Youth Reg Education Advisory Board Stu Library Board Rag EducaTion Advisory Board Alt Adv Board on Children & Youth Stu/Reg Length of Term Ex__~p_.[ration Date Term expires 4/97 TABLED 1 yr Term to 4/97 TABLED Term expires 4/97 TABLED Term exoires 4/98 TABLED 3 yr term to 1/00 TABLED 3 yr term to 1/00 TABLED 3 yr term to 1/00 TABLED Term expires 4/98 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED Term expires 4/97 TABLED Term expires 4/97 I yr term to 4/97 Motion Commissioner Bradley moved to remove the appointments from the table. Mayor Taylor passed the gavel to Vice Mayor Jaskiewicz and seconded the motion, which carried 5-0. Mayor Taylor appointed Helena Fallon as an alternate member to the Education Advisory Board. He reappointed Howard Rappoport as a regular member to the Board of Zoning Appeals, and moved Janet DeVries up from an alternate member to a regular member of the Library Board. All his appointments were made without objections. Commissioner Titcomb appointed Jill Verderosa as a regular member to the Community Relations Board, without objection. MIN UTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Motion Vice Mayor Jaskiew~cz moved to accept the appointments made this evening and to table the remaining appointments. Commissioner Tillman seconded the motion, which carried 5-0. III. CONSENT AGENDA A. Minutes Special City Commission Meeting Minutes of December 12, 1996 Regular City Commission Meeting Minutes of December 17, 1996 No additions, deletions, or corrections were made to the above minutes. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget Award a no dollar bid for Generator Trade and Purchase to O-K Generators The Tabulation Committee recommended awarding this bid to the most responsive, responsible bidder, O-K Generators of Deerfield Beach, Florida. 2. Rejecting bid for Utility Tax/Francise Fee Audit Commissioner Bradley pulled this item from the COnsent Agenda for discussion. C. Resolutions Proposed Resolution No. R97-1 Re: Authorize execution of a Special Warranty Deed from the City of Boynton Beach to Reginald V. Butler and Dorie Patricia Butler as part of the City's In-fill Construction Program Proposed Resolution No. R97-2 Re: Authorize execution of a Special Warranty Deed from the City of Boynton Beach to Genine Patterson as part of the City's In-fill Construction Program Proposed Resolution No. R97-3 Re: Authorize execution of a MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Special Warranty Deed from the City of Boynton Beach to Linda Lyons as part of the City's In~fil Construction Program Proposed Resolution No. R97-4 Re: Authorize execution of a Special Warranty Deed from the City of Boynton Beach to Frederick Lamar Wilson, Jr. as part of the City's In-fill Construction Program Proposed Resolution No. R97-5 Re: Reduction of Surety for Military 6 Limited Corporation aJk/a Crescent Center for water and sewer facilities serving this site Proposed Resolution No. R97-6 Re: Authorize execution of amendment to extend grant agreement for Downtown Mangrove Nature Park with the Department of Environmental Protection Proposed Resolution No. R97-7 Re: Authorize execution of Addendum No. 1 [o Lawson, Noble & Webb, Inc. Consultant Contract for the expansion of Ezell Hester, Jr. Community Park Proposed Resolution No. R97-8 Re: Final plat approval for Crystal Key PUD Proposed Resolution No. R97-180 Re: Final plat approval for Boynton Festive Center 10. Proposed Resolution No. R97-10 Re: Authorize acceptance of Deed for the Julia Counsel Property D. ApproVal of Bills A list of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. AuthOrize expenditure of an additional $7,127.99 to accommodate necessary changes in the installation of a water main from Coconut Lane to the E-3 Canal along Flavor-Pict Road Commissioner Bradley pulled this item from the Consent Agenda for discussion. F. Approve transfer of funds from the Contingency Fund into Building 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Repairs/Maintenance (Golf Course) to cover painting the interior of the Golf Course Clubhouse This project was originally budgeted for in FY 95/96; however, delays in the bidding process caused the purchase order to not be issued until after October 1st. As an enterprise fund, we cannot "encumber" operational funds and, therefore, those dollars were not carried forward. Consider waiving bid procedures and award roof repair contract for the City Hall West Wing to S & S Roofing, in the amount of $5,600.00 Based on past satisfactory service by S & S Roofing and the urgency and immediate need to have repairs completed prior:to completion of I.A.Q. work in the west wing, it was recommended that the bid procedures be waived. Approve purchase of supplies from TEE's Plus Screen Printing Factory and D.A.R.E. America for the 1996/97 D.A.R.E. Graduation for sixth graders Mayor Taylor pulled this item from the Consent Agenda for discussion. Approve one-year extension for the annual contract for custodial services for ten various parks to Brown's Cleaning Service Brown's Cleaning Service has provided the City with this service ~n a satisfactory manner for one year. The bid will expire on January 16, 1997, but according to the terms and conditions, we have the option to renew the bid and extend the prices for an additional year provided both parties agree. Approve purchase of ethernet switching components for city-wide computer network from Baynetworks, State of Florida Contract, for a total amount not to exceed $28,600.50 As part of the computer cabling project, it is necessary that we purchase switching components which wil support the backbone of the city-wide network. K. Approve purchase of image indexing software from R & S Integrated MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Products & Services Inc. and a desktop scanner from BTG, Inc. for a total amount not to exceed $24,997.00 In order to provide city staff with the capability to scan and index documents, it is necessary that we purchase image indexing software and a desktop scanner. The image indexing software s linked to our image viewing software via R & S Integrated Products & Services Inc. Document Shuttle software, a oroduct available only through R & S Integrated Products & Services Inc. Therefore, this ~s a sole source purchase. The software and installation services will be purchased from R & S Integrated Products & Services Inc. inthe amount o~$19,454.00, and the desktop scanner will be purchased from BTG, Inc. off o~the GSA Schedule GS-35F-4036D in the amount of $5,543.00. Funds are available in the I'[S Reserve Account No. 001-000-1-51.18. Approve purchase of gas detectors and accessories from Safety EqUipment company (piggy-back BroWard County School Board bid) in the amount of $9,749.~0 ~or the Utilities Department Utilities personnel will use these detectors in confined space entries to test for hazardous gases. Approve purchase of Riskmaster/Win software package for the Risk Management Department from Dorn Technology GrOup, and authorize utilizing a three year payment plan Please see the Agenda Item Request Form for the details of this item. Motion Vice Mayor Jaskiewicz moved to approve the Consent Agenda, with the exception of Items B.2, E, and H. Commissioner Tillman seconded the motion, Which carried 5-0. Bids - Recommend Approval - All expenditures are approved in the 1996-97 AdoPted Budget 2. Rejecting bid for Utility Tax/Francise Fee Audit Commissioner Bradley asked how we are going to gather the information we need without spending $100,000.00. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON B EACH, FLORIDA JANUARY 7, 1997 City Manager Sugerman advised that he and the Finance Director. Diane Reese, came to [he conclusion that it would be best to reject the one and only bid that we received for approximately $100,000.00. City Manager Sugerman has experience doing utility tax and franchise fee audits. As an alternative to going back out for bid, he offered to train City staff to do this, which would cost the City almost nothing. Em Authorize expenditure of an additional $7,127.99 to accommodate necessary changes in the installation of a water main from Coconut Lane to the E-3Canal along Flavor-Pict Road Commissioner Bradley asked if the County is sharing the cost to do this. Mark Law, Deputy Utilities Director, advised that the City is paying for the extension on its side of the E-3 Canal, the County is paying their share, and the City and County are splitting the cost of the metered connection at the connection point. Approve purchase of supplies from TEE's Plus Screen Printing Factory and D.A,R.E~ America for the 1996/97 D.A.R.E. Graduation for sixth graders Mayor Taylor inquired about the number of students graduating and the need for 1,000 T-shirts. Captain Ted Padich assumed that the T-shirts are for the entire graduating class of all the D.A.R.E. students this year. He stated that he has attended graduation ceremonies where 300 to 400 students have graduated. He offered to confirm this tomorrow. Vice Mayor Jaskiewicz stated that she was involved in this program several years ago, and everyone who participates in the program receives a T-shirt to wear during the entire process. She believes the program involves several grades. Motion Vice Mayor Jaskiewicz moved to approve Items III.B.2, III.E, and III.H. Commissioner Titcomo seconded the motion, which carried 5-0. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 IV. CITY MANAGER'S REPORT A. Update on the Visions 20/20 Project City Manager Sugerman distributed a memorandum from Tambri Hoyden, Director of Plann ng and Zoning, regarding staff's review of the planning consultants who have submitted proposals to the City to he p us p an the V sions 20/20 process. A total of eight proposals were rece ved. It ii our obligation to recommend to the Task Force five firms and they, in turn, are supposed to recommend three to the Commission, who will select on e of them, Staff (Da e Sugerman, Tambri Heyden, Todd Kotas (Economic Development Director), and Wilfred Hawkins (Assistant to the City Manager)) ranked the eight firms, as shown on the lastpage of the memo, This memo contains staff's recommendation and shows each of the f rm s b ackgrounds and how staff ranked them. This report will be sent to the Task Force on Thursday to ~1o a final ranking for the Commission. Once the final ranking is done, staff will ask the finalists to make presentations before the Commission Robert Hill, Chairman of the Visions 20/20 Task Force, was a little chagrined that City Manager Sugerman distributed this report. He advised that at their last meeting, the Task Force asked Ms. Heyden and Mr. Kotas not to prejudice them by providing staff's rankings. The Task Force wanted to review the information, interview the firms, and then have an open forum and an:open mind to make their own rankings. He felt the Commission and the Task Force are now going to be bias. Over the past several months, the Task Force has been working very closely on the public safety concerns that were raised duri.ng the planning process. The Boynton Beach Visioning Prececss identified appreximate)y 31 var ous comments regarding how to im rove public safety issues within the City. Over,the last several months, the Task Force has~een examining these issues in detail and getting input from Police Chief Marshall Gage regarding how he is addressing these issues and how he plans to address them in the future. The Task Force reached three conclusions: The overriding message that had been expressed by the Vision Planning Process is that the Police Department needs to improve its relationship with the community residents, particularly with the various ethnic groups that reside within our City. The improvement in these relationships s not somethin th , . g at we should expect to happen overnight. However, with the proper leadership and oversight by the upper management of the City, the Commission, and the Police Chief, we should see gradual improvement over time. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 The Task Fome was pleasantly surprised to hear from Chief Gage of the many programs that are presently in place to address these ~ssues, as well as some that he would like to get off the drawing board and proceed to address some of these issues. Having come to these three conclusions, the Task Force felt that the following four actions would assist the Department in improving its relationship with the community: The Task Force would like to work with Chief Gage to design and implement a survey process that will assess the public's true perception of the Boynton Beach Police Department, and give an unbiased survey process that would provide Chief Gage with good information on what the community is really feeling. Continue and increase the frequency of the open community forums that Chief Gage has been having over the last several months with the community. Furthermore. the Task Force wants to impress upon the Commission and City Management the importance of the .Commission and the City Manager's Office having representation at all those meetings with Chief Gage. We also felt it was very mportant that attendance by Police Officers at neighborhood ~ssociation and community meetings be reported, monitored, and ongoing by the,Chief. In the long run, these type of settings can help build stronger trusting relationships. The City needS to develop some type of newsletter or communication tool to inform the Task Force of the steps taken to address the issues during the planning process. Mr. Hill stated that the:Task Fome was pleased to hear what Chief Gage and his staff were doing to improve the Department's image. The members of the Task Force were unaware of many of the efforts that were underway within the Police Department. If the Task Force was unaware of this, the majority of the public is probably unaware of this. The Task Force felt that if a majority of:the people were made aware of this by some type of communication (newsletter, etc.), then their perception of the Police Department might be different. Mr. Hill said the Police Department has other programs going on that the residents need to know about, such as the expansion of the Community Policing effort, establishing various police substations in various areas throughout the community, a truancy interdiction program, etc. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Vice Mayor Jaskiewicz referred to a newsletter from another City and advised that the Commission has previously discussed enclosing a newsletter with utility bills. Mr. Hi] stated that the Task Force has talked to the Chamber of Commerce about including a police update in their newsletter. Mayor Taylor stated that it is amazing how much is going on in the Police Department that people are probably not aware of. A police officer has been attending his homeowners' association meetings for 'months. The community loves that kind of involvement from the Police Department. He commended the Police Department for doing a tremendous job. He felt we have some great officers who show what this Police Department is all about. They also attend Some of the award banquets for the Citizens on Patrol Program. They are really involved in the community, and the commun ty is getting to know them. He stated that perhaps we are not getting the word out ke we should and we need to look at that. He aisc ~elt the Task Force has been doing a lot of work that people may not be aware of. Mayor Taylor mentioned that we are planning to develop the Martin Luther King Boulevard area, and hire a planning consultant for the downtown. The Planning and Zoning Department is planning overlay projects. He expressed the need for everyone to corem Jnicate with each other to coordinate their efforts. Mr. Hill agreed but pointed out that the City has to continue to move forward and cannot stop the programs that are in progress. He stated that the overall planning consultant that will be hired is not just supposed to help us design the downtown. We have a bigger perspective and should take in all the areas that were mentioned during the Visioning Process. We have to coordinate an overall plan of the entire community. Then the individual effods that have been going on should try to dovetail into the overall plan. The Task Force would require the consultant who is hired to make sure he gets information from the other people and dovetails their though1 processes into the overall grand plan. Commissioner Bradley commended the Task Fome for working hard. He appreciated their time and effort. However, he had a concern that there may be a tendency to micro manage. He was concerned that the Task Force might hunt down topics or look for the hot issues. He was interested in a regimented:process. He was surprised to hear Mr. Hill talk about public safety because he had not heard it before tonight. Mr. Hill said the Task Force took its charge as addressing all the issues that were addressed in the Visioning Process. There were five to seven major categories, and the Task Force prioritized them. The planning process was number one and public safety was 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 number two. They felt the biggest thing they could do for the City is come up with a grand development plan for the community. However, one of the other hot items in this community is the community's perception of the community relations of the Police Department. Therefore, while the Task Force was waiting for th6 RFPs to come back to get a consultant on board to work with all of us, they felt they should address the second issue. They do not want to micro manage the Police Department or the City. They felt it would be good for the Task Force to help the Police Department design the survey so that the community cannot accuse the Police Department of jury-rigging the information. They want to spend their time working with the consuftant and City staff to come up with an overall grand plan that they can take to the community in the next several months and ask for their help to make Boynton Beach took like the vision that was developed. This wasthe first time Commissioner Bradley heard that the Task Force prioritized the issues. Mr. Hill advised that during his first report to the Commission, he reported that the Task Force had prioritized. Mayor Taylor advised that this came out in written form to the Commission about seven months ago. He suggested it be redistributed to the members of the Commission. Commissioner Bradley referred to Ms. Heyden's memo and asked why staff suggested that the Task Force and the Commission consider interviewing only once. City Manager Sugerman said staff was concerned that it would be a little unfair to some of the firms to do afu I blown proposal in front of the Task Force only to turn around and be asked to do another full blown proposal in front of the Commission. Whoever goes last in front of the Commission has an advantage that no one else has. Ms. Heyden added that there were clearly three firms that stood out far and above the rest. Therefore, staff felt there may not be a need to have the consultants go througn another interview process. A couple of firms advised her that there is quite a significant cost associated with putting a proposal together and going through two interviews. Mr. Hill stated that it was previously settled with the past City Manager and Ms. Heyden that these people would be required to make two presentations-one to the Task Force and one to the Commission. He felt the Task Force should participate fully and give its recommendation after a fu review of ts own unbiased evaluation of the consultants. Mayor Taylor did not see how the process could be considered unfair, unless the cor~sultants sat in on each other's presentations. Mr. Hill stated that the consu tants are going to knowwhat their ranking was from the City staff. It is now public information and some of the consultants may not even want to show up now. The Task Force specifically directe~ staff at th6 last meeting not to tel the Task Force their ranking. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Ms. Heyden advised that staff felt that the Commission would benefit from the ranking. With regard to the fairness issue, she clarified that some firms took a lot of time to put their proposals together, and others did not. It seems unfair to be given an opportunity to fill in the gaps during the interview with things that should have been in the proposal. Mayor Taylor did not have a problem with benefiting from staff's input; however, he asked why the nput was presented when there was obviously an agreement that it would not be provided until the Task Force ,interviewed the consultants. Having gotten involved in the process very late, City Manager Sugerman was not sure that this commitment was made. Mr. Hill pointed outthat two of.City Manager Sugerman's staff people were at that meeting· They were the ones he was expecting to get support from and work very closely with throughout this entire process once'we decided on a consultant. City Manager Sugerman pointed out that the final determination is really made by the City Commission and he was not sure how important to the consultants the staff's ranking is. He felt the consultants would want a shot al making their case and not just let their proposals speak for themselves. Mayor Taylor felt we could benefit from the Task Force's input· He pointed out that there are a variety of individuals on the Task Force thai are going to look at it from a much different aspect than staff· He said the consultants ought to know that no decision has been made and that staff's ranking may be different than the Task Force's and the Commission's. Mike Friedland, 330 N.E. 26th Avenue, felt the misunderstanding is unfortunate; however, we must proceed. He said it is a matter of opinion and he did not think there would be any problem· Mayor Taylor stated that the Commission will look at the proposals with open minds, and will Value both staff's and the Task Force's recommendations, Commission Appointment to City Manager's Minority Recruitment Action Team City Manager Sugerman advised that he has formed an action team on the issue of minority recruitment for the Police Department. He asked the Commission to appoint one of its members to serve as a liaison on that team for the purpose of bringing in the City Commission perspective. The first meeting is scheduled for Wednesday, January 15th, at 4:30 p.m. ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Commissioner Titcomb volunteered for the position. Commissioner Tillman offered to be the alternate for Commissioner Titcomb. Setting dates for meeting with David Donaldson to review resumes of applicants for the position of City Manager The Commission agreed to schedule this meeting for January 28th at 6:30 p.m. at City Hall in the Mall. D. Consideration of changing an employee holiday in 1997 City Manager Sugerman advised that Christmas Day fails on a Thursday this year. Normally~ the employees are off on Christmas Eve Day and Christmas Day. Some of the employees have asked if they could have off the day after Christmas this year, instead of Christmas Eve Day, so that they could have a long weekend~ Vice Mayor Jaskiewicz felt it is almost sacrilegious to make someone work on Christmas Eve and suggested that the employees be allowed to leave early on that day as wel However, Mayor Taylor pointed out that this may interfere with the Civil Service Rules and perhaps the Unions. Mayor Taylor pointed out that some employees may prefer having Christmas Eve Day off. He suggested that City Manager Sugerman find out how the majority of the employees feel about this. Item for discussion requested by Commissioner Tillman - FAMU Band Update Mr. Hawkins advised that the logistics of bringing the band here did not work out. However, the band director committed to setting a date aside for next year. Since we are not able to bring the band here this year, the Black Awareness Day Committee would like to upgrade the entertainment for Black Awareness Day on February 15, 1997. Normally, the Recreation Department concentrates on local entertainment. This year, we would like to bring in some nationally known groups. It would cost about $18,000.00 to bring in a national recording artist who can help attract a cross section of the community and a larger audience. Vice Mayor Jaskiewicz asked if the Committee will raise the funds and reimburse the City. Mr. Hawkins explained that '[he Committee always raises money for BlaCk Awareness Day, MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 and the City contributes $3,000.00. It takes $10,000.00 to put on this event. Therefore, the rest of [he money has to be raised. If the City is willing to help upgrade the entertainment and make $18,000.00 available to the Committee, the Committee will try to raise the money to meet that goal. Mayor Taylor stated that he was a hesitant approving the loan to bring the FAMU band here because he felt it would be setting a precedent. In addition, the Committee was trying to pull it off in a very short time. He was deeply concern ed about the City setting itself up as a lending institution. He felt events like this should be planned well in advance and that the money should be raised. He pointed out that the City has worked with the Committee in the past to do Black Awareness events to some point, but there is a line to be drawn. We are talking about serious money and we do not know much, except that it ~s to be used to upgrade the entertainment. Commissioner Tillman asked how much money the City spends on the TNT concerts. Charles Frederick, Recreation and Park Director, advised that we run somewhere between $1,500 and $2,000 per event in expenditures. This comes out of the Program Revenue Fund, not the General Fund. It is out of the revenues that we generated through recreation fee programs. The fees that we take in pay for various programs throughout the City, and that happens To be one of them that the Commission has been willing to authorize. This includes insurance. Commissioner Titcomb would like to see a business plan and sponsorships before committing to an amount of money of that size. He would also like the name of the performer so that we know what kind of draw we are dealing with. He was supportive of the FAMU Band because that had a different characteristic to it as an entertainment venue rather than a commercial professional performer. Commissioner Bradley stated that the FAMU Band, which he strongly was in favor of, is the kind of event and entertainment that he felt is modeling the right thing for school kids. He did not think you could model anything better than college for youngsters. He thinks the Black Awareness Day Committee does a lot of hard work and he encouraged these type of committees to keep going, even if it means putting extra dollars into it. However, he would like to see a plan and what they specifically have in mind. He asked if the Committee is going to raise more money if the City puts more money ~n. He also asked about sponsors. He thinks the effort and endeavor should go into nailing down the FAMU band for next year. t4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JAN UARY 7, 1997 Mr. Hawkins stated that we run Black Awareness Day as a special event. The Recreation Department assigns a ct of their staff to do a lot of these things. The City has regular entertainment companies that they deal with on a regular basis to bring in entertainment for G.A,L.A, and anything else that we have, He could not tell what groups witl be here for Black Awareness Day because no contracts have been signed. He pointed out that there is already a business plan because we run special events like a business. Commissioner Bradley was interested in seeing something that shows there is a potential contract in hand. Mr. Hawkins Said he could have brought it with him tonight, but it was not his intention to put the Commission on the spot to makea decision tonight. He just wanted to let the Commission know where staff and the Committee were in the planning process. Mr. Frederick said we have six or seven contract proposals from Big B Productions. which does a lot of our bookings for us. The costs range from around $15,000~00 to $25 000.00 based on the performers. He said the purpose of bringing this to the Commission's attention is to determine whether or not the Commission was interested in moving in that direction. If so, staff could bring something back more positive. Mayor Taylor agreed with Commissioner Bradley that we should concentrate on getting the FAMU band for next year. This will give the Committee a year to plan it and raise the funds. Commissioners Bradley and Tillmar were interested in having staff bring something back relative to upgrading the entertainment. Mr. Frederick pointed out that the City will have to contribute money for this entertainment, and he did not think there can be a very a strong guaranty that any high percentage of that money will be recouped. The FAMU program ~s a different concept. Planned wel in advance, ~)romoted and generating the proper sponsorships, there is a very likely opportunity to bring back all of the money. V. ANNOUNCEMENTS AND PRESENTATIONS A. Announcements Joint workshop meeting between the City Commission and Planning and Development Board to discuss Land Development Regulations - January 9, 1997 at 7:00 p.m. at City Hall in the Mall Mayor Taylor made this announcement. ]5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 B. Presentations 1. Proclamation - Burn Awareness Week Mayor Taylor read a proclamation declaring the week of February 2, 1997 as Burn- Awareness Week and presented it to Dan Rinder. 2. Certificate of Appreciation to Jill Verderosa Mayor Taylor asked Ms. Verderosa and Joy Currier to join him at the podium. He recognized Ms. Verderosa for her dedicated service to the community. Ms. Currier stated that Ms. Verderosa has been volunteering her services to P.A.L. and Head Start for five years. She has helpea P.A.L. On behalf of all the residents of the City of Boynton Beach, Mayor Taylor thanked Ms. Verderosa. VI. BIDS Award bid for Annual/Local Manpower Maintenance for the Martin Luther King Blvd. target area to B.L.C. Lawn and Maintenance in the amount of $25,220.00 per year Mayor Taylor pointed out that B.L.C. is the only bidder who did not submit the noncollusion affidavit of prime bidder, confirmation of minority owned business, etc. John Wildner, Parks Superintendent, explained that since B.L.C. is the present contractor, they thought they did not have to submit those documents again. Once they found out that they had to, they did. Motion Commissioner Titcomb moved to approve the contract as presented. Commissioner Tillman seconded the motion, which carried 5-0. VII. PUBLIC HEARING None. VIII. PUBLIC AUDIENCE MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Mr. Carson lives at Lawrence Lakes Estates. He stated that affer the December 17th City Commission meeting, at which the topic of landscaping for Lawrence Lakes Estates was reviewed and resolved, the q Jestion of the berms was left open. These berms were constructed without permits and were inadvertently constructed half on the abutting property and half on the property of Lawrence Lakes Estates, at least the ones on the south side. Subsequently, they had to be cut in half in order to clear the property line. These half berms will be subject to erosion and will be impossible to maintain. They are also an unnecessary financial intrusion. Mr. Carson said he obtained signatures of the people on the south side who do not want the oerm. He advised that Article IV, Section 5 of the City's Land Development Regulations states the following: STORM WATER TREATMENT. Rainfall runoff, surface waters and groundwaters Shall be managed in subdivisions to minimize degradation of ~vater quality nutrients, turbid ty, debts and other harmfu substances, and maximize percolation and detention to promote the re-use of this resource, all in a manner acceptable to the South Florida Water Management District. Storm water treatment facilities shall be designed and sized to accommodate at I'east a one hour three-year storm or to retain the first inch of run off. whicnever is greater, and shall provide detention for at least the first inch of rainfall in swaJes, rete?on areas or other approved facilities. Runoff from roads, parkingltots, rods and other imPerviou~ surfaces shall be routed over are~t$ Where ~e~c01ati~;n into the soil ~an be accOmpliShed prior to intrbduction i~:~° any S{0rm sewer Or Other receiving facility He pointed out that his commun:ity does not have swales. It is a very small community and the area is limited. The berms will he p the water go d rect y nto the drain, which is against the regulations. Mr. Carson also advised that the originally agreed upon landscape plan is being revised. The homeowners want the same quantity,and quality of trees that was originally agreed to. Also at that meeting, David Stein said he represented GRB Development. However, Mr. Carson was ~n possession of a communication from Mr. Stein to Ms. Heyden in which Mr. Stein states that this is not quite ~rue. Mr Carson said this is of great concern to some of the homeowners who have potential lawsuits against the developer. He wanted to know who the developer is. t7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JAN UARY 7, 1997 He stated that on August 3, 1995. the City approved an amended version of the original PUD plan. This amendment allowed the developer to erect two extra homes in lieu of the recreation area. On his own amendment ~lan, the developer clearly shows a new cedar fence. However. he has recently pressure cteaned the old cypress fence in preparation for painting. This fence is nine years old, crooked, partially rotted, loose, below ground level, and not on the property line as depicted in the p~an. He asked if the Commission will assure the homeowners that the builder would be made to fulfill his agreement with the City and, if so, how. Mayor Taylor asked Mr. Carson to catl the City Manager's Off ce to set up a meeting with Mayor Taylo~ City Manager Sugerman, and Mr. Carson this Friday. He asked Mr. Carson to bring a list of the problems with him. Steve Myott, 2657 N.W. 4th Street, thanked the Commission for returning his telephone calls regarding the swale project. He was concerned about the swale and drainage problems on 4th Court and 4th Street. Mayor Taylor advised him that this item is on the agenda and will be addressed later in the meeting. With regard to Gateway Boulevard, Mr. Myott has been trying to follow up on some items over the last,year or so and is having some difficulty. He represents his neighborhood association. While the City's Engineering Department has been very helpful, they have referred him to get information from the County. However, he is not getting any information in terms of What is going on, a time frame, and some pans to show his ne ghborhood association. His telephone calls to the County are not returned. Mayor Taylor invited Mr. Myott to caI~ him if the City Engineer cannot answer his questions. He advised that all the County is doing is providing money. He assumed we are getting ready to hire a design firm. Mr. Myott inquired about the Neignborhood Specialist r~osition. He felt it was important to neighborhood groups to have this person as a resource. Otherwise, they do not have the precedence and expertise to do new things. City Manager Sugerman advised that we are still taking applications. Mr. Hawkins believes the closing date for this positio~ is the end of next week. With regard to Visions 20/20, Mr. Myott felt the City should get information out to the communities. tS MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Debra Dypold is an employee of Boynton Beach Fire Rescue and a member of the 1891 International Association of Firefighters. She stated that burns have been a horrible part of her awareness for many years, and thanked the Commission for the Proclamation on Burn Awareness Week. She poised out that the Boynton Beach Fire Rescue likes to work closely with the Shriners and is available for school tours. She reminded everyone that the Fire Department is available for walk-ins for blood pressures anG directions. In addition, the Fire Department has a Physician's Desk Reference in each station in case anybody has a medication question. Mayor Taylor apprec ated Ms. Dypold's comments and stated that we are very proud of all the humanitarian work that our Fire Department does. He said they all do a great job every day of the year. No one else wishing to speak, Mayor Taylor declared the Public Audience portion of the meeting closed. IX. DEVELOPMENT PLANS None. X. NEW BUSINESS A. Items for discussion requested by Vice Mayor Jaskiewicz 1. Swale Program/Stormwater Utility One of Vice Mayor Jaskiewicz' major concerns is the implementation of the improvements that we are going to make to the swales and driveways to improve the flooding situation. She has been discussing this with the City Manager for about six months and was gratified that the City said they would assess the homeowners $60.00 and help them do the improvements to their properties. She assumed this work had been started, but City Manager Sugerman advised her that some legal work has to be done before beginning any of the work, a~d very often the legal work exceeds the cost of the entire project. She had assumed that We were using the Storm Water Utility Fund to accommodate this problem and that we would recoup part of the driveway maintenance. City Manager Sugerman advised that we have a storm water improvement project in a neighbOrhood where the City sgo ng to make improvements to the swale areas. The City is ~smg the $1.00 per ERU contribution that it gets from every property owner to fund the t9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 City's portion of the swale improvements. However, City funds are not being used for the improvements to the driveway. Instead, a special assessment is being set up for every single property owner. This is where the legal work comes into ~lay. We have to do research to determine not only who every legal property owner is, but we have to have the legal description and the exact measurements of the property. Then we have to have a public hearing, assess the homeowners, and then construct the project. In some cases, the assessment is going to be $60.00 for a single ddveway done in asphalt. Some of the assessments may be as high as $240.00 for a double driveway done in concrete. What we have to go through to make the assessment happen is time consuming and very expensive. It does not seem to make sense. We may be spending $240.00 to do a $200.00 assessment. We are still moving forward with the project because we have made some commitments to do approximately six neighborhoods this way. We are doing the research ~o determine the property owners, the legal descriptions, and the measurements. City Manager Sugerman requested that the City Commission hold a workshop to discuss a better way to do these ~mprovements. Mayor Taylor suggested that instead of measur ng each lot each homeowner oe assessed an ~qual~amount. Mark Law advised that former Cty Manager Carrie Parker wanted a price bas~ed on a single asphalt driveway, a double asphalt driveway, a single concrete driveway, and a double concrete driveway To make it a fair assessment. City Attorney Cherof advised that this could be handled as a capital improvement project. Then no special assessment program would be required under State law. The City would simply pay for the improvements. However, we do not want to do work on p~'ivate property without the consent anc~ release from the property owner. Mr. Law advised that the original intent was to do from the edge of the pavement to the property line. We did not intend to go on private property at all. City Manager Sugerman confirmed for Vice Mayor Jaskiewicz that the dollars we are collecting are going to pay for the swale project. However, those dollars will probably run out at the end of the first four or five projects. Those dollars are not enough to fund the mprovements City-wide. The amount that has been accumulated in the func~ is astonishingly Iow. Vice Mayor Jaskiewicz pointec~ out that other cities collect $5.00, not $1.00. City Manager Sugerman advised that staff can prepare a true storm water utitity with a formula for figuring out what the fair and equal payment would be every month to get this work done. It would not have to be done on an assessment basis. It could be done on a utility monthly billing basis with payment plans, etc. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Commissioner Bradley asked for confirmation that if we only do the apron, we would not need permission on the driveway part. City Attorney Cherof stated that we do not need the property owner's permission on the apron part that is within the right-of-way. City Manager Sugerman clarified that his suggestion was to make our utility into a cost of service, properly funded Jtitity; and develop a rate structure which can be put on the monthly utility bill and billed back to customers. Mayor Taylor suggested discussing this item at a workshop. Vice Mayor Jaskiew~cz pointed out that if we do net have restrictions with regard to swales, there is no sense in improving them because they will be torn up again. Mr. Law advised that five streets were previously identified as problem areas, including N.E. 15th Avenue. City Manager Sugerman asked the Commissio~ if we should proceed with the assessment relative to these five projects. The paperwork regarding Mr. Myott's neighborhood is being done and should be completed by the end of January. Vice Mayor Jaskiewicz asked if enough money has been accumulated in the fund to do the projects that have been approved. Mr. Law answered affirmatively. Vice Mayor Jaskiewicz suggested proceeding on these projects. Commissioner Titcomb askeo if the private property owner can contract, while the workmen are there, to do the rest of their driveway in addition to the apron. Mr. Law advised that it would have to be permitted through the Building Department. City Manager Sugerman pointed out City crews will be doing the work. Therefore, City Attorney Cherof advised that the answer to Commissioner Titcomb's question is, "No". If the project was bid out, you could coordinate the continuation of the improvement on the property owner's side of the property. However. if the City's labor force is doing the work, this cannot be done. Commissioner Bradley stated that if the apron is done and the driveway is not, there are going to be two different colors and people are not going to like that. Mayor Taylor stated that the people have to decide whether they want their neighborhood flooded or whether they want their driveway not to match. Mr. Law advised that many of the driveways are shellrock. Mr. Myott added that there is not much to match. The houses either have a full driveway or no driveway, and the flooding is occurring where there are no driveways. Since the funds are available, Commissioner Titcomb was supportive of proceeding with this project and holding a workshop to discuss future funding of additional, similar projects. 2! MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 He would like the people to get relief and felt the issue of two tone driveways is a lesser problem. Mr. Law asked if the City should include the funding of the asphalt or concrete aprons within the right-of-way. Commissioner Titcomb stated that traditionally and historically, that falls within the City's jurisdiction. Vice Mayor Jaskiewicz asked if we did this, if we could collect the $60.00 or $120.00 in the future, if necessary. City Attorney Cherof stated that it is possible; however, it is more complicated to do a retroactive special assessment because you are not affording the property owner the opportunity to come in beforehand and argue the merits of th e project and the monetary impact on the property. He also adwsed that If you are going to commit public dollars to the project, you may want to follow [hat up quickly with a stringent swale maintenance ordinance and some requirements that the property owner maintain the swale and not interfere with the natural flow of wa;ter. There shoul(t be a penalty if they do. Currently we do not have anything suffic.ent to enforce maintenance of swales City Manage~' Sugerman suggested that ~tt the workshop, parking in the swales be discussed Motion Commissioner Titcemb moved to direcl staff to proceed with the project as a direct capital improvement on the five approved streets, using the funds that have already been collected for this project, including the swales and aprons. Vice Mayor Jaskiewicz seconded the motion. City Manager Sugerman asked if asphalt should be replaced with asphalt, concrete with concrete, single driveways with single driveways, and double driveways with double driveways. The Commission answered affirmatively. Mayor Taylor asked if there is any problem with his suggestion of doing the swale project and assessing every house on the street the same amount of money. City Attorney Cherof advised that it will probably be a problem. The concept of the assessment is that the property gets assessed based upon some formula, either based on frontage or actual improvement. Therefore, if you have different types of driveways of different dimensions, you cannot have an equal assessment for every property owner. The motion carried 5-0. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 2. Community Appearance Code (including sign ordinance) Vice Mayor Jaskiewicz distributed a copy of a newsletter from another City to the Cc remission and asked them to read it before the workshop. It tells of everything that is going on in this city, and contains information about parking of recreational vehicles and boats. She offered to meet with the residents to get their suggestions about the parking of these vehicles, She hoped we can include a newsletter like this with the utility billing every month to keep everyone informed. She asked City Attorney to let her know how we plan to implement the sign ordinance that was put in effect several years ago. There have been several ordinances and the time frame for removing billboards and Signs has always begun with the passing of the most recent ordinance, Therefore, that time frame will never come as long as we keep changing the ordinances. She asked City Attorney Cherof to find out how many people have signs that do not conform and what period of time they have to remove them. She also wanted to know if we have notified them that time is laPsing for removal of the signs. Legal Opinion on Newspaper Racks Vice Mayor Jaskiewicz said she received several telephone calls from people,complaining about the proliferation of newspaper racks in our City, particularly on major roads like Congress Avenue where the right-of-way ~s completely deteriorated from cars pulling in and out. In some places, there are 18 different racks. She asked City Attorney Cherof to see if we can do away with some of them. 4. DOT Construction Projects Vice Mayor Jaskiewicz was extremely upset about the noise wall and the auxiliary lane. She referred to a pamphlet put out by DOT and a newspaper article. She also referred to Engineering Memo #96-260 indicating that the area between Woolbright Road and Boynton Beach Bou[evard was funded and would begin ~n 1997. Hypoluxo Road was also mentioned, bul now they are not going to include these areas. She requested the Commission's support by letting our voices be heard that we object to this. She pointed out that they are going to put another lane in this area. The only thing that separates those people from the no~se is a chain link fence. There are also two elementary schools in this area that could benefit from a sound wall. The noise ~s deafening in those classrooms. It is outrageous that they have skipped our City and are going on now to Lantana and an area north in the County. 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Commissioner Bradley stated that last summer he warned the Commission that there was a problem and even though we were given information that said it was funded, it was not. He pointed out that Palm Beach Gardens has a worse problem than us. They do not even have right-of-way between the end of the pavement and where the chain link fence ~s. They used to have trees, but they were taken out. Hopefully, when the auxiliary lane goes in, the sound wall will go 'n. Vice Mayor Jaskiewicz advised that they indicate that the auxiliary lane is going in in early 1997, but not the sound wall. Mayor Taylor suggested that Vice Mayor Jastdewicz attend the next MPO meeting and express her concerns. Commissioner Bradley said he will look into this matter further; however, he believes that the sound walls will go in as the auxiliary lanes go ~n. That is the way it is funded. Commissioner Bradley suggested having a meeting every other month with the Planning and Development Board to address community appearance items. He suggested choosing a date for a workshop to discuss swales at the meeting with the Planning and Development Board on Thursday. He also suggested that the each item be workshopped separately. B. Items for discussion requested by Commissioner Titcomb 1. Digital Speed Signs Commissioner Titcomb advised that he has been in contact with groups in the south end of the City about a problem of residential neighborhood streets that are oosted at 25 mph. These streets are being used as shortcuts and speedways to avoid more congested County roads. Traffic studies have not borne out that there may be needs for lights. He has had discussions with the City Engineer and residents about various solutions to the problem. Our Police Department has done a fine job trying to monitor and enforce the speed issues in these neighborhoods. He suggested using police trailers like the City of Atlantis does. It is o~ tires, has a projection radar built into it, and has the City police logo on all sides. As you drive down the street, on a large lighted board, it tells you how fast you are driving. He watched as several cars went by and noticed that people slowed down instantly when they saw this. He suggested that the City look into the cost of such a device for the City of Boynton Beach. You can move it around to where you have trouble spots in the City. He believes this device also gathers statistical informatio~ in terms of the average speee and the number of cars that go by. More importantly, it reminds people to slow down. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 C. Items for discussion requested by Commissioner Bradley 1. Request for Information on the Pay Plan Cc mm~ssioner Bradley stated that City Manager Sugerman informed him that about 8 to 10 months ago, he put together some ideas about pay plans and performance; an initiative that would address how employees are paid and how they mighl deserve and receive bonuses. He asked the Commission for a consensus to have City Manager Sugerman come back with a p~an that would address the current pay plan and what might be done to improve it. City Manager Sugerman advised that there are a couple of components. There is the base pay plan whioh includes the issues of base pay, fringe benefits, use of siok leave, vaoation time; all the issues that are related to compensation for employees. That is a stand-alone document. He believes he can get this to the Commission within 45 days. He had made a number of recommendations for changes to the current program. However, before he brings it to the Commission, he would like to circulate it amongst the staff to get their reactions to some of these changes. The issue of incentives, merit pay, and bonuses ~s a separate issue. Eight to 10 months ago he drafted a number of ideas, but needs additional time to work on this. The third component is the Share the Cost Savings Program which he drafted. He may be able to have this ready within 45 days, but felt it probably should be tied to the merit and bonus plans. He believes he can have the Merit Pay Plan, the Bonus Plan, and the Share the Cost Savings Plans within 90 days. Commissioner Tiilman asked if these plans will include some method by which these extra monies would be accumulated to implement such plans. City Manager Sugerman answered affirmatively. Consider request from Thelma Taylor, President, Asbury Family Heritage, to hold a block party on February 14, 1997 on N.E. 13th Avenue from Seacrest Boulevard to N.E. 1st Street Ms. Taylor advised that this is not a typical block party. It is a family gathering at her house. She would like the street blocked off to prevent the possibility of the children being hit by a car because they will be playing in front of the house. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Mayor Taylor asked if the other homeowners on the street are going to participate in this block party. Ms. Taylor explained that a couple of the children on the block might wander over to her house; however, it is really a family gathering. The Commission expressed concern about blocking the access to the other homes on the block and asked Ms. Taylor to seek approval from her neighbors to blockoff the street. Vice Mayor Jaskiewicz suggested blocking off a smaller area. Captain Ted Padich of the Police Department wilt meet with Ms. Taylor and work out the details. Motion Commissioner Titcomb moved to approve this conditioned on consent of the neighbors and satisfactory layoul to the Police Department and City staff. Commissioner Tillman seconded the motion, which carried 5-0. Xl. LEGAL A. Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 096-55 Re: Amending Chapter 5 of the Land Development Regulations, PIatting T/~ ~ Mayor Taylor stated that William Hukill of the Department of Development talked to Trammel Crow today and they have agreed to leave this on the table until after the meeting Thursday. Proposed Ordinance No. 096-66 Re: Amend Part 3. Chapter 2, Section 4.J of the Land Development Regulations to permit ten foot high hedges along property lines of golf courses, golf driving ranges, interstate highways and railroad tracks Attorney Cherof read Proposed Ordinance No. O96-66 by title only. No one in the audience wished to address this ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 96-66. Commissioner Tillma~ seconded the motion. A roll call vote was polled by the City Clerk. The motion 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 carried 5-0. Proposed Ordinance No. O96-67 Re: Amending Part II, Chapter 2, Article V of the Boynton Beach Code of Ordinances providing a schedule of violations and penalties to be assessed by code enforcement officers Attorney Cherof read Proposed Ordinance No. O96-67 by title only. No one in the audience wished to address this ordinance. Motion Commissioner Titlman moved to approve Proposed Ordinance No. 96-67. Commissioner Bradley seconded the motion. Mayor Taylor referred to page 4. One of the violations is "docking a boat in a residential area beyond a property line". He pointed out that on all our canals, boats are tied up either against a dock or sitting in the water: City Attorney Cherof advised that this is intended to deal with encroachment into adjacent property setbacks and boats that are on dry land, and side yard storage of boats that overlap into setback areas. Vice Mayor Jaskiewicz felt that the penalty for the first offense for "barking dogs creating a nuisance" is too harsh. City Attorney Cherof pointed out that there is a pretty high threshold for the barking dog to conStitute a nuisance in the first Place. Mayor Taylor wondered why staff is hesitant to enforce our Noise Control Ordinance. City Attorney Cherof advised that the Police Department and the Code Enforcement Division have a problem enforcing this ordinance because of the measuring of the noise. Scott Blasie, Code Enforcement Administrator~ explained that we have to measure the decibel level over a period of time. For instance, if we receive a complaint about a barking dog and arrive at the scene, the dog may have already stopped barking. Mayor Taylor related a scenario of someone starting tO play loud music at 6:00 p.m. and continuing to play it at 1:00 a,m. He did not think the Police are going to pull out a decibel meter at 1:00 a.m. to see if the complaint is valid. He pointed out that they have to decide right then and there whether it is a nuisance or not. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 Captain Ted Padich of the Police Department recalled trying to enforce older noise ordinances that did not have decibel Ievels in them. Instead, they addressed items such as if the noise could be heard over the property line. He has had people stand right on their property line, and if you listen very closely, you could hear the noise. He had people demanding that we arrest their neighbors when zhere truly was no offending noise. Having a decibel limit helps us; but unfortunately, we do not have access to a decibel meter late at night. It is very difficult and it is often a juagment call. To handle these situations, we try to encourage people to be good neighborS. Oftentimes, we get voluntary compliance. City Attorney Cherof advised that this ordinance is not intended to address the specifics of any of the ordinances that constitute violations or spell out what is a violation. The only purpose of this ordinance is to establish a fine so that we could do a more expedited enforcement procedure when applicable. In the absence of a fee schedule, the County Court will not even address this. A roll call vote was polled by the City Clerk. The motion carried 5-0. THE FOLLOWING ORDINANCES SHOULD REMAINON THE TABLE UNTIL THE JOINT WORKSHOP BETWEEN THE CITY COMMISSION AND PLANNING AND DEVELOPMENT BOARD ON JANUARY 9, 1997: Proposed Ordinance No. 096-49 Re: Amending Chapter 1 of the Land Development Regulations, General Provisions TAB Proposed Ordinance No. O96-50 Re: Amending Chapter 1.5 of the Land Development Regulations, Planning & Development Generally TABLED Proposed Ordinance No. O96-51 Re: Amending Chapter 2 of the Land Development Regulations, Zoning TABLED Proposed Ordinance No. O96-52 Re: Amending Chapter 2.5 of the Land Development Regulations, Planned Unit Development TAB Proposed Ordinance No. 096-53 Re: Amending Chapter 3 of the Land Development Regulations, Master Plan Review TAB FF~ Proposed Ordinance No. O96-54 Re: Amending Chapter 4 of the Land Development Regulations, Site Plan Review TAB MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 None. None. 10. 11. Proposed Ordinance No. O96-56 Re: Amending Chapter 6 of the Land Development Regulations, Required Improvements T/~J FF) 12. Proposed Ordinance No. 096-57 Re: Amending Chapter 7.5 of the Land Development Regulations, Environmental Regulation T,z~EI Fr3 13. Proposed Ordinance No. 096-58 Re: Amending Chapter 8 of the Land Development Regulations, Excavation and Fill Regulations T/~ Fr3 14. Proposed Ordinance No. O96-59 Re: Amending Chapter 9 of the Land Development Regulations, Community Design Plan T/~I FI-) 15. Proposed Ordinance No. 096-60 Re: Amending Chapter 20 of the Land Development Regulations, Buildings, Housing & Construction Regulations T/~I FF) 16. Proposed Ordinance No. O96-61 Re: Amending Chapter 21 of the Land Development Regulations, Signs T/~ RI 17. Proposed Ordinance No. 096-62 Re: Amending Chapter 22 of the Land Development Regulations, Streets and Sidewalks TABI FI-) Proposed Ordinance No. 096-63 Re: Amending Chapter 23 of the Land Development Regulations, Parking Lots Ordinances - 1st Reading C. Resolutions 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 D. Other Consider request from Gregory S. Kino, representing Vanguard Realty & Development Corporation, to reduce or waive the City's lien encumbering 1646 N. Federal Highway, Boynton Beach, otherwise known as the Sandpiper Hotel Richard Jerman is one of the principals of Vanguard Realty & Development Corporation, the consultants and contract purchasers of this proPerty. He advised that he and the other odnc~pals have been developing in South Flodda for the past 20 years. A couple of their projects include Stonebddge Golf and Country Club in Boca Raton and Whitecliff Golf and Country Club in bake Worth. This property has an absentee owner who has relied on some people in the past that have not delivered for him. Vanguard became involved in the property in the first part of November. At the request of Scott Btasie, the Code Enforcement Administrator, he boarded and secured the property. He has also moved forward to obtain bids for demolition of th s property. He adv sed that the Boynton Beach Fire Department would' tike to utilize the property ~c;ra control burn, after which Vanguard will clea~n up the property. He requested that th~, arrangement that was made last ye~.r be reinstated ~vhich w~.s th~tt the fin~ be reduced to $1,500.00 as long as the structures are demolished within 60 days and the i)r~Perty cleaned up~ Commissioner Bradley inquired about ~he outstanding fine and the administrative costs. City Attorney Cherof advised that the ifi~e was $28,50~) 00 n May of 1996 Mr. Blasie advised that ~3ode Enfomement's a ,d~,j¢ s. trat ve costs ar8 about $700 00 or $800.00, and the City Attorney's Offce has put s~e time-into th s m&tter Mayor Taylor pointed out that the .obj~eotiv, e is to demolish the structures and get this property back ~nto the tax rolls. He kh(~W~ some of the principal,,s and th nks they will move fo~ard. Mr. Blasie advised that MC. I~in~ has been v(~ cooperative. Motion Commissioner Tillman moved to approve the request from Gregory S. Kino, representing Vanguard Realty & Development Corporation, and to assign a $1,500.00 fine, that the Sandpiper Hotel located at 1646 N. Federal Highway, Boynton Beach, conditioned upon the demolition occurring within 60 days. Vice Mayor Jaskiewicz seconded the motion. Commissioner Titcomb inquired about, the Fire Department's position. Bill Gulbrandsen, Fire Training Officer, stated that [he controlled burning df the property would offer us some 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 opportunities for training. There are s~x separate structures· There are no exposures (surrounding properties, adjacent buildings, power lines, etc.), and there is a good water supply on site. He stated that Mr. Jerman supplied him with an asbestos survey, which came back good. However, some of the flooring material is asbestos in nature and would have to be removed. He advised that the Fire Department can probably burn these structures by the eno of [his month, or certainly by the beginning of February. He also advised that Mr. Jerman and Mr. Kino said they would quickly clean up thedebris that is left after the burning. City Attorney Cherof felt the motion lacks one issue about the timing. He stated that the reduced fine, in the amount of $1,500.00, should be paid within 10 or 15 days, and the demolition should occur within 60 days; The lien will not be released until after both contingencies have occurred· If they, pay the $1,500.00 and do not demolish the structures, the $1,500.00 will only reduce the amount of the $28,000.00 fine. Commissioner Tillman and Vice Mayor Jaskiewicz agreed to include this in the motion The motion carried 5-0. Consider reduction of Code Enforcement Board lien at 1613 N.E. 4th Street Richard Pasley of South Palm Realty represented the Department of Housing Urban Development on alt of the homes that they repossess in Palm Beach County. He stated [hat this has been a long outstanding case as a resu t of the prev ous owner He requested an abatement of the fine and a re ease of the ~en on th~s property. City Attorney Cherof advised that the lientis approximately $6,000.00. Mr. Blasie advised that the nature of the violation was a dilapidated fence at the rear of the property. Vice Mayor Jaskiewicz added that the lot mew ng liens had been allowed to accumulate to $1,078.00. Mr. Pasley advised that thee have been paid. Mr. Pasley advised that the property shoed have sold already; however, he has not been able to resolve the lien issue. The prop~erty will be offered to an owner occupant for 10 days. If no owner/occupant comes forward within 10 days, the property wil be made available to the first bona fide purchaser, Commissioner Bradley asked about the! d fference between an owner/occupant and a bona fide buyer. Mr. Pasley adwsed tha~ the property ~s on y ava ab e to someone who will live in it for the first 10 days· MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 City Manager Sugerman advised that the recommendation from the City Attorney's Office is that the fine be reduced to $500.00. Mr. Pasley requested that the fine be abated, the lien be released, and that he be billed for $500.00 to cover the City's administrative costs. He explained that an agency of the Federal government is not allowed to pay anything tantamount to a fine or a penalty. He also explained that he does not pay bills directly for HUD. He orders checks out of a company in Maryland, which takes 45 days. In this case, he planned in advance and hopefully Will have the check within the next 10 days. However, he could not guaranty that. Motion Vice Mayor Jaskiewicz moved to abate the fine, release the lien. and assess $500.00 in administrative costs. Commissioner Tillman seconded the motion, which carried 5-0. Mr. Pasley commended the Code Enforcement Division for bending over backwards to help him. He stated that Mr. Blasie and his staff deserve a lot of credit and do a good _ob. Xll. UNFINISHED BUSINESS None. Xlll. OTHER None. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1997 XlV. ADJOURNMENT Therebeingnofu~herbusinesstocomebeforetheCityCommiss~on, the meetingwas adjournedat9:21p.m. CITY OF BOYNTON BEACH ATTEST: City,S;Jerk - - Recording Secretary (Four Tapes) DEVELOPMENT ORDER OF TI4~. CITY COMMISSION OF THE CITY OF BOYNTON BEAC~t, FLORIDA APPLICANT: APPLICANT'S AGENT: APPLICATION NO.: DATE OF APPLICATION: WOOLBRIGHT PLACE JOINT VENTURE CCL CONSULTANTS. INC. N/A DECEMBER 9, 1996 DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 7. 1997 TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL - CRYSTAL KEY PUD LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO. DRAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and ~rd testimony ~om the applicant, members of city administrative staffand the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requiremems 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."C" with the 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, D~.TED: -- City~21erk ~ Ail further development on the property shall be made in accordance with the terms and conditions of this order. Other: " ADMINISTRATIVE CONDITIONS Project name: CRYSTAL KEY PUD I~m'IPe °f Devel°pment Order (Master Plan, Site Plan or Plat I FINAL PLAT ~ tawing reference: N/A A. DEVELOPMENT AB BUILDING DIVISION Comments: None AE ENGINEERING DIVISION Comments: 1. The final Plat of Crystal Key PUD can be recorded only after surety in form and amount acceptable to the City Attorney is deposited with the City. 2. The Final Plat of Crystal Key PUD can be received only after a completed rectified Master Plan is acceptable to all TRC Members. 3. The Final Plat of Crystal Key PUD can be recorded only after the P~O.A: documents are approved by the City Attorney and the Planning & Zoning Department. Comments: None & RECREATION ./ PP PARKS Comments: None PFFORESTERJENVIRONMENTALIST Comments: None & ZON1NG Comments: 4. The Final Plat of Crystal Key PUD can be recorded only after the 20 Foot setback around Tract C and the 40 foot setback around Tract B are added to the Plat. 5. The Final Plat of Crystal Key PUD can be recorded only after the conditions of previous approvals are approved by the Planning & Zoning Department including, but not limited to, all conditions of the September 4, 1996 Development Order of the City Commission for Woolbright Place PUD, a t4.05 acre parcel located on the east side of SW 8th Street, and approximately 2250 feet north of Woolbright Road. POLICE Comments: None F. PUBLIC WORKS Comments: None ~. UTILITIES: Comments: None A:\CRYSTAL.WPD DEPARTMENT OF DEVELOPMENT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA APPLICANT: APPLICANT'S AGENT: APPLICATION NO.: FLORIDA RETAIL PROPERTIES. 1NC. JILL A. JARKESY. P.A. N/A DATE OF APPLICATION: NOVEMBER 11, 1996 DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 7. 1997 TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL - BOYNTON FESTIVE CENTER LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO. DRAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and .~ h,eard 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 "C" with the notation "Included." The Applicant's application for relief is hereby v/ referenced in paragraph 3 hereo£ __ DENIED GRANTED subject to the conditions 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: ATED: /° "~ - Cit~'Clerk ADMINISTRATIVE CONDITIONS Project name: BOYNTON FESTIVE CENTER Type of Development Order (Master Plan, Site Plan 0i: Plat) FINAL PLAT or,tawing reference: N/A DEPARTMENTS i iNCLUDE [ REJECT i A. DEVELOPMENT AB BUILDING DIVISION Comments: None AE ENGINEISRING DIVISION Comments: None B FIRE Comments: None [¢ PAPAS & P- CREArION PP PARKS Comments: None PF FORESTER/ENVIRONMENTALIST Comments: None D. PLANNING & ZONING Comments: None ~. POLICE Comments: None ~ PUBLIC WORKS Comments: None ~. UTILII'IES: Comments: None A:~BFEST1VE.WPD CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS DECEMBER17,1996 = ACTION SPORTS NE'I-rING ............................... $13,564.68 PO#13122. Deflection Netti ~g Installed. Pay From GC Rev Fund -- 411-726-5-680-09 FLORIDA MUNICIPAL INSURANCE TRUST $105 ................. ,780.00 2nd Installment, Workers' Comp, Genl Liab, Auto, Prop Pay From Self Ins Fund -- 622-195-5-447-00, $39,773.00 622-195-5-442-00, $66,007.00 FROEHLINGS/PAPICO ................................... $ 36,000.00 PO# 12682. Tennis Court Construction Project Original Contract Change Orders Previous Payments Currrent Payment Contract Balance $214,600.00 0.00 16,560.00 36,000.00 $162,040.00 Pay From Public Service Tax Const -- 301-721-5-640-03 JOHN C. CASSIDY INC .................................. $19,965.69 PO# 9246. Pymt #12, HVAC Modification Project Original Contract Change Orders Previous Payments Current Payment Contract Balance $861,703.00 9,965.69 650,710.84 19,965.69 $201,019.92 Pay From Public Service Tax Const -- 301-194-5-634-12 LAKE WORTH HERALD PRESS INC $11,777 00 PO# 13001. Funfare Printing Pay From Rec Spec Fund -- 472-721-5-472-00 COMMISSION APPROVAL MATTHEW RANDALL ................................... $100,000.00 Claim Settlement Against City Pay From Self Insurance Fund -- 622-195-5-440-01 RANGER CONSTRUCTION INDUSTRIES INC $194 874.68 PO #13302. Street Resurface Project, Park Project Pay From Local Option Gas Tax Fund -- 104-411-5-630-14, $192,654.68, Pay From Gen Fund -- D01-722-5-629-00, $2,220.00 SCRWTD BOARD ..................................... · $164,318.01 11/96 Use Charge - Trtmt/Disp Pay From W & S Rev Fund -- 401-353-5-490-09 SUNSTATE METER & SUPPLY INC ........................ $19,994.60 PO# 12910. Stock For Utilities. Pay From Warehouse Fund -- 502-000-0-410-22 10. ULTIMATE POOLS INC .................................. $10,390.00 PO# 12601. Pymt # 5, Wilson Pool Rehab Project Original Contract Change Orders Previous Payments Current Payment Contract Balance $103,900.00 0.00 93,510.00 10,390.00 $ 0.00 COM v JSSJON DEC ~ ~ APPROVAL THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR - I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. DALE S. SUGERMAN, CITY MANAGER COMMiSSiON DEC ~ APPROVAL FAX COVER SHEET Glib DEVELOPMENT AND CONSTRUCTION, INC. 33 LAWRENCE L~KI~, DRIVE BOYNTON BEACH, FL 33436 PHONE (467) 734-1816 FAX (407) 734-9848 TO: FROM: DAVE STEIN DATE: DECEMBER 17, 1996 SUBJECT: REVISION TO LETTER DATED OCTOBER I0, 1996 Number of pages including this one: I Dear Ms. Haydn, I am sending you this facsimile to request a few minor changes be made to my letter dated October 10, 1996. The changes I would like involve three areas. The first change I would like to make is to the first paragraph on page 2. I do not want to go on record as saying that GRB is the Developer, for this is not entirely correct. The second item is in the second paragraph also on page 2. I would like to delete fi.om public record the final 2 sentences referring to Mr. Miller's complaint about the increased cost of maintenance due to the berm being installed. This is somettfing I was told by someone else and is hearsay. Therefore, I do not have the right to use his name. The third item is in the first paragraph on page 2 oftbe same letter dated October 10, 1996. When I finished my meetings with the homeowner's only two that I met with requested the "Menendez Plan" be installed. After further discussions with people in the community, I have been informed there were an additional 1 or 2 homeowner's who would have liked to have had the "Menendez Plan" installed. I am sorry for this late request. If it is a problem for you to change what you have already done, then please include this facsimile with the packet for the Commission. If you can not do this, please call me and I will make copies to hand out. Thanks, Dave LOCATION MAP ORCHARD LANDING raM EXHIBIT" C" Conditions of Approval Project name: Orchard Landing File number: SBMP 96-002 Reference: The olans consist of 3 sheets identified as 2nd Review, New Site Plan. File # with a November 7, 1996 Plannina and Zonina Deeartment date stame markinq. I DEPARTMENTS J INCLUDE J REJECT PUBLIC WORKS Comments: NONE UTILITIES . Commen~s' NONE FIRE Comments' NONE POLICE , Cc~mments: NONE DEVELOPMENT DEPARTMENT Comments: 1. 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 PBC, SFWMD and any other permitting agency shall be included with a request for permit. 2. Revise documents to reflect all comments, t/ 3. Project shall have underground facilities to residential units. Chap.2.5, Sec.9E pg.2.5-7. 4. Provide a statement that are available and will be provided by utilities appropriate agencies. Chap.3, ArtlV, Sec.3R, pg. 3-5. 5. Plat review and approval required. Chap.5, Art.fi, Sec. 1, pg.5-1. 6. Provide certification by developer's eng'neer that drainage plan comp les with all city codes and standards. Chap.6, Art. V, Sec.5A, pg. 6-7 and Chap.23, Art.llF, pg.23-8. 7. All appropriate agency approvals must be submitted prior to issuance of any city dredge, fill, or excavation permit for waterfront properties. Chap.6, Art.VII, Sec 4, pg.6-24. 8. County and/or state permits required for construction in R.O.W. Chap.6, Art. VII, Sec.4B, pg.6-24. 9. All landscaped areas shall be provided with an automatic water supply system. Chap.7.5, Art. Il, Sec.5B, pg.7.5-14. 10. Areas subiect to erosion to receive sod. Chap.7.5, Art. Il, Sec.5C6, p9.7.5-15. 11. Excavation and/or fill permits will be required. Chap.8, Art. I, Sec.2, pg.8-1. V / 12. Provide a reclamation plan. Chap.8, Art. Ill, Ala,pg.8-2. 13. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic Control Devices". Chap.23, Art. liB2, pg.23-7. / 14. Combine Tracts A and B and indicate they will serve as ingress/egress, V/ drainage and utility easements. PARKS AND RECREATION Comments: 15. There are no plans to provide pdvate recreation facilities or apply for half credit. / Therefore, based on three single family residences, the recreation dedication reauirement is (3 s.f. residences x .0180 acres~ .054 acres fe¢. in lieu r~f land, Page 3 Orchard Landings File No. SBMP 96-002 DEPARTMENTS FORESTER/ENVIRONMENTALIST Comments: 16¸ Secure the proper environmental permits for the mangroves which are on the site. Permits must be submittec prior to requesting a clearing/grubbing permit from the city. PLANNING AND ZONING Comments: 17. A homeowners' association will be required to be established to control and operate the common area. 18. Label on the master plan both tracts designated for vehicular use as Tract A. 19. Minimum width of a right-of-way is 50 feet. File an exception request from this requirement with the Development Department to reduce the,nght-of-way width to 25 feet. 20. On the master plan, list the required setbacks for buildings and swimming pools for every lot. 21. 22. The footprints of residential s~ruc~ures on the master plan and on the drainage plan are different Aisc, a discrepancy exists in regard to the entry gate to the development between the master plan and the drainage plan. Eliminate these discrepancies by providing a new. corrected drainage plan On the master plan indicate location of ail proposed utility lines. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 23. None ADDITIONAL CITY COMMISSION CONDITIONS 24. To be determined. INCLUDE REJECT v" I MEH/bme D:\SHARE W~PROJECTS ORCH~ND\CONDAPPR.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING I. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Whipowill Arms APPLICANT'S AGENT/OWNER: Burton Metsch DATE OF HEARING BEFORE CITY COMMISSION: ~12/17/96 TYPE OF RELIEF SOUGHT: Request for a second one year time extension for concurrency and site plan approval LOCATION OF PROPERTY: 515-513 SE 4th Street DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came on to be heard ~3efore 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: 1. 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 '~HASS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby __ GRANTED subject to the conditions marked as "include" in Exhibit"D"hereto.vu~-'Z-NIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: December 17, 1996 City I~erk - '"'--' .. WFiiPOWILL HOTEL AP,~,RTMENT~ EXHIBIT "D" Conditions of Approval Project name: VVhipowill Arms File number: SPTE 96-001 and CNTE 96-002 Reference: Site olan and concurrency certification time extension, Planning and Zoninu De artment Memorancl_um No. 96643 DEPARTMENTS '= -- REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. The unpa d balance of the reservation fee of $2,411.64 is due with n th rty (30) days of Commission approval, (Sec. 26- 34[E]). 2. It is the Utility Department recommendat on that the plan not oroceed throuah the review Process. FIRE Comments: NONE POLICE Comments: NONE DEVELOPMENT DEPARTMENT Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 3. Based on decisions forthcoming from the visions study regarding uses in the area of the subject request, it is recommended that the site plan approval and concurrency time extension be granted for six (6) months from February 21, 1997 to August 21, 1997. 4. The conditions of approval granted with the original site plan approval remain applicable to the extended site plan and the permit plans for the project shall comply with the regulations listed in the current Land Development Regulations. 5. This approval shall become null and void in the event the reservation fee is not paid within 30 days. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. The Planning and Development Board recommends denial of the time extension reouest. ADDITIONAL CITY COMMISSION CONDITIONS 7. To be determined. TJH:d rm D:\S HARE\WP\PROJECTS\WHIPOWIL\SPTE\CONDAPPR.WPD ADDITIONAL CONDITIONS FROM COMMIS SION MEETING I. Page 4 Hills at Lake Eden File No.: NWSP 96-001 19. To comply with the rezoning conditions of approval regarding the Swinton Avenue and Seacrest Boulevard landscape specification change the height of the cocoplum hedge material from eighteen (18) inches to twenty-four (24) inches at time of planting. 20. Add to the landscape plans the location, type and size of the fence and berm easement shown on the drainage plan along the north and south properly lines. As previously indicated, the easements sh'all be dedicated to the H.O.A. for perpetual maintenance. 21. Show and specify on the landscape.plan (sheet 3 of 7) the location and type of the ground cover proposed for the fence and berm easement proposed along the north and south 'property lines. · 22. It is recommended that the proposed 6 foot he ght, black vinyl chain link fence with black vinyl slats proposed along the south and a majority of the north property line be replaced with either a solid wood fence painted a neutral color or a continuous (2 foot on center, 24 inch tall at time of planting) native hedge and 6 foot tall blacl vinyl chain link fence without slats. · 23. For clarity in determining what existing landscape material is required to be maintained in the project, submit for review the tree survey and approved tree management plan including preserve area documents. ', 24. To allow a stacking area, outside of the right-of-way, for emergency vehicles at the emergency access driveway located on Seaorest Boulevard, it is recommended that the gate be moved no less than 20 feet into the project. ~ 25. Unconditional sign-off by ail TRC staff will be required on the rectified master plan, , prior to plat approval for the subject project. 26. Recommendations will be forwarded for board and commission review. If the recommendations are approved by the city commission, they shall be incorporated into the working drawings required for permits for the project. 27. The content of the plans are subject to compliance with all applicable city code of ordinances and previous conditions of approval. It is the applicant's responsibility to show compliance. 28. Provide drainage and location map to the Lake Worth Drainage District (LWDD), as i they've requested_for them to complete their review. 29. Provide a 20 foot long return of the entrance wall around the northeast, southeast . and southwest corners of the proiect. ~0. Reword Comment No. 22 to read "It is recommended that the proposed 6 foot in height, black vinyl chain link fence with black vinyl slats proposed along the south and a majority of the north property line be replaced with a continuous (2 foot on center, 24 inch tall at time of planting) native hedge and 6 foot tall black vinyl chain link fence without slats." 31. Delete Comment No. 25. Page 5 Hills at Lake Eden File No.: NWSP 96-001 CITY COMMISSION CONDITIONS To be determined. TJH:dim D:\SHARE\WP\PROJ ECTS\HILLEDEN\NWSP\CON DAPPR.WPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 7. 8. 9. DEVELOPMENT ORDER OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Quantum Associates APPLICANT'S AGENT: James G. Willard DATE OF H EARING BEFORE CITY COMMISSION: 12/17/96 TYPE OF RELIEF SOUGHT: Request to amend the previously approved PID .master plan in connection with an amendment to the DRI to change the use designatio, of lots 32, 33, 34A, 35, 36, 37 and 38 from Office to Office/Industrial/Research and Development to allow a proposed manufacturing use and to change the u~n designation of lots 80, 81 and 82 from Office to Industrial/Commercial LOCATION OF PROPERTY: Gate_~ Boulevard West side of the intersection of Interstate 95 and DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. 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 Ap~D~cant _~.~ HAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. / 3 The Appl~ant's application for relief is hereby u/ GRANTED subject to the conditions markec~ as "include" in Exhibit "D" hereto. __DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: December 17, 1996 Cit~'Clerk LOCATION MAP QUANTUM PARK i:iIAA ' DEVELOPMENT ORDER OFTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Harvey Lan,q - Orchard Landin,q APPLICANT'S AGENT: Daniel Diamond DATE OF HEARING BEFORE CITY COMMISSION: 12/17/96 TYPE OF RELIEF SOUGHT: Request to approve a master plan to subdivide a ? ac, reparcel into three lots for sin,qle-family homes. L~;ATION OF PROPERTY: East side of Federal Highway and 180 feet south of 23r~'Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: I 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 App~cant V__HAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Appl~ant's application for relief is hereby v' GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. _ DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: DATED: December 171 1996 Cit~Clerk EXHIBIT "D" Conditions of Approval Project name: Qunantum Park File number: MPMD 96-007/DRIA 96-003 Reference: Master Plan. Amendment No. 7, dated December 4, 1996 (see Plannincl and Zonine Dep,=d. ment Memorandum No. 96-651) DEPARTMENTS r PUBLIC WORKS Comments' NONE UTILITIES Comments: NONE : FIRE . Comments- NONE 'iPOL1CE ~' Comments' NONF ~NGINEERING DIVISION ;Comments' NONE ~ILDING DIVISION ~' Comments' NONE ~RKS AND RECREATION ~ (~omments: NONE :~=~RESTEPJEN~IRONM ENTALIST LComments' NONE tI~LANNING AND ZONING Comments: 1. Note 4, which states, "Lots within the project designated for commercial land use may be changed/relocated by approval of the City Commission without further DRI review or amendment" shall be deleted from the master plan. 2, The designation of Lots 80-82 shall be changed from office to industrial/ commercial on the master plan. ~3. If BGI has not applied for and received building permits by December 31, ~ 1999, the use designation of lots 32-38 shall revert to office. ¢:4. A check Jn the amount of $1,698.68 shall be submitted to the city which is the balance owed for the DCA transmittal of the last land use amendment recently adopted ($500), plus $1,198.68 for the last DRI amendment ($470.47 for ad and $1,228.21 for staff review expenses, minus the $500 retainer that was · received with the application). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Delete Comment No. 3 ADDITIONAL CITY COMMISSION CONDITIONS To be determined. TJH:dim D:\SHARE\VVP\PROJECTS\QUANTUM\BGI\DRIA\CON DAPPR.VVPD ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. 10. REVISED [2/19/96 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Quantum Associates - Quantum Park PID APPLICANT'S AGENT: James G. Willard DATE OF HEARING BEFORE CITY COMMISSION: 12117/96 TYPE OF RELIEF SOUGHT: Request to amend the Quantum Park list of permitted uses to allow cosmetic, and perfume manufacturin,q on lots desi,qnated as industrial on the master plan. LOCATION OF PROPERTY: Gateway Boulevard West side of the intersection of Interstate 95 and DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. 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 NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby ~L.~"~rRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. _ DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6.Other: DATED: December 17, 1996 CityCClerk QUANTUM ,...,ORPORATE PARK IVi'l EXHIBIT "C" Conditions of Approval Project name: Quantum Park PID File number: USAP 96-003 Reference: File # USAP 96-003 fUse Aooroval -cosmetic. perfume and iewelrv manufacturinq) II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS UTILITIES ENGINEERING DIVISION 31VISION PARKS AND RECREATION ~IVIRONMENTALIST ZONING Comments: Due to the storage of hazardous and f ammable materials on the site. this use shall be permitted subject to an environmental review (conducted concurrently with plan approva ) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. TJH:dim ADDITIONAL CONDITIONS FROM COMMISSION MEETING I.