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Minutes 05-20-03 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 20, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Bonnie Glinski, Deputy City Clerk Cad McKoy, Commissioner Ron Weiland, Commissioner I. OPENINGS: A. Call to Order- Mayor Gerald Broening B. Invocation - Rev. Martin Zlatic, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:30 p.m. Reverend Martin Zlatic offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner McKoy. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner McCray moved to approve the agenda. Motion seconded by Commissioner Weiland and unanimously carried. MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Mayor Broening announced that the developers for The Arches requested that their four items be postponed. Motion Vice Mayor Ferguson moved to table. Motion seconded by Commissioner McCray and unanimously carried. Attorney Cherof added that specific dates for tabling these items will be announced. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced that he, along with Commissioner McKoy and City Manager Bressner, attended the Citizens Services Institute graduation and it was a wonderful event. He would like to see more people participate in the program. Mayor Broening announced that the terror alert was moved to "high" today. He felt that this was attributable to the events taking place in other parts of the wodd. He urged residents to go on with their lives, but to remain alert. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events 1. Announcement of Office Depot as title sponsor of the July 4u~ Festival of Fireworks event, which will be held on the Motorola property Wayne Segal, Public Affairs Director, introduced Teresa Zabik, the Special Events Coordinator for the City, and announced that Office Depot was the title sponsor for the Fourth of July Activity entitled The Office Depot July 4 Festival of Fire Works. Mr. Segai introduced Mr. Ira Kargewer from Office Depot who presented a check in the amount of $10,000 to Mayor Broening. Mayor Broening thanked Office Depot for their very generous gift. Mr. Segal urged everyone to attend the Fourth of July festivities that will feature fire works, the Wyatt Erp Wild West Show and many other surprises. The theme this year is the "We Love Our Country." Mr. Segal also thanked Office Depot for their support. C. Presentations: 1. Proclamations: 2 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 a. The Boynton Veterans Council Memorial Day Celebration - May 25, 2003 (Richard Prince, Commander, Boynton Beach Veterans Council) Mayor Broening read the Proclamation declaring Sunday, May 25, 2003 as the Boynton Beach Veterans Council Memorial Day Celebration to be held at 2:00 p.m. at Boynton Beach Memorial Park. b. Present a plaque to Mayor Gerald Broening from the Black History Awareness Committee Lena Rahming presented a plaque to Mayor Gerald Broening from the Black History Awareness Committee for his leadership, guidance and direction to all the citizens of Boynton Beach. Mayor Broening requested that his wife, Delores Broening, join him at the podium to accept the award. Ms. Rahming noted that Mrs. Broening was a teacher for the HeadStart program. Mayor Broening thanked Ms. Rahming for the plaque on behalf of himself and Mrs. Broening. c. Recognition of the more than 100 volunteers who participated in the 2003 Groat American Clean-up held in the City of Boynton Beach on Saturday, Apdl 12th Dan DeCado, Neighborhood Project Specialist, reported that the Groat American Clean- up is an activity that the City has participated in for five consecutive years and this year had the greatest participation that covered the greatest aroa in the City. Mr. DeCarlo asked that the various groups that participated be recognized and requested that the leaders of each group come to the podium to accept the certificates for their team members. Steve Miller- CDC Peacemakers (Mr. Bressner presented pins for the recipients as well.) Suzette Urs - INCA Pastor Jacques Destine - Helping Hand Mission Organization Virgil Wilkinson - Four Sea Suns Condo Doris Jackson - Poinciana Heights Neighborhood Association Ben Bryant- MADDADS of Boynton Beach Step-Team David Johnson - International Pentecostal City Mission Church Reverend Duane Cyr- Jubilee Ministry Center Wendy Stacy - Golf'view Harbour Brian Miller- Village Royale on the Green Dale Sugerman & Family Diana Barboza Cindy Sanz Myra Jones 3 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Commissioner McCray, on behalf of all City Districts, and especially District 2, thanked everyone for participating. Commissioner McCray announced that on Tuesday afternoon he had the privilege of going to the JTC ,Juvenile Transition Center to attend the graduation ceremonies of the students who participated in this program. He thanked Commissioner McKoy and his wife, Stephanie McKoy, for a job well done and for bringing this great program to the city. IV. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04Tabled (2) I Weiland Cemetery Board Alt I yr term to 4/04Tabled (2) III Ferguson Cemetery Board Reg 3 yr term to 4/06 Mayor Broening Code Compliance Board Alt 1 yr term to 4/04Tabled (2) Mayor Broening Education Advisory Board Alt 1 yr term to 4/04 I Weiland Education Advisory Board Reg 2 yr term to 4/05 II McCray Education Advisory Board Reg 2 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/04 III Ferguson Library Board Alt 1 yr term to 4/04 Mayor Broening Nuisance Abatement Board Alt 1 yr term to 4/04 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV McKoy Recreation & Parks Board Reg 3 yr term to 4/06 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/05 Mayor Broening Firefighters' Pension Trust Reg 2 yr term to 4/05 Vice Mayor Ferguson appointed Bob Heffernan as an Alternate Member of the Library Board. Commissioner McKoy appointed Lisa Peterfreund as a Regular Member of the Recreation and Parks Board. 4 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Commissioner Weiland appointed Dennis Osborne as a Regular Member of the Education Advisory Board. Mayor Broening appointed David Rafkin as an Alternate Member of the Code Compliance Board. Mayor Broening moved up Olive Field from an Alternate Member to a Regular Member of the Senior Advisory Board. Mayor Broening appointed Larry Schone as a Regular Member of the Municipal Firefighter's Pension Trust. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointments. Motion seconded by Commissioner McKoy and unanimously carried. V, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Minutes: 1. City Commission Capital Improvement Project Workshop Meeting of April 28, 2003 2. Joint City Commission and CRA Workshop Meeting of April 29, 2003 3. Agenda Preview Conference of May 5, 2003 4. Regular City Commission Meeting of May 6, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Extend Bid #048-2511-00/KR, "TWO-YEAR LEASE CONTRACT for 24' x 60' PORTABLE OFFICE TRAILER" (for Code Compliance) to RESUN LEASING INC. in the amount of $12,000 (Proposed Resolution No. R03-083) C. Resolutions: 5 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 1. Proposed Resolution No. R03-084 Re: Release of cash bonds of $3,982 and $3,850 to Quarterdeck Boynton Beach, L.L.C. for the project known as the Quarterdeck Restaurant 2. Proposed Resolution No. R03-085 Re: Approving Task Order 01-13 to Camp Dresser & McKee for engineering services to develop a wastewater reuse master plan for the distribution of reuse water within the City of Boynton Beach, not to exceed $62,000 3. Proposed Resolution No. R03-086 Re: Approve Task Order No. 01-14 to Camp Dresser & McKee Inc. (CDM) for Bidding Phase services and Construction Administration for the Twenty Outfall Structures Stormwater Improvements in the amount of $43,800 4. Proposed Resolution No. R03-087 Re: Release of a cash bond of $10,169.50 to Petra Builders, Inc. for the project known as Boynton Outpatient Center 5. Proposed Resolution No. R03-088 Re: Approval of contract between First Baptist Church of Boynton Beach and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 309-311 N. Seacrest Boulevard for the purpose of Fire Rescue training 6. Proposed Resolution No. R03-089 Re: Funding for the construction of a 2 million gallon reuse water storage tank at the South Central Regional Wastewater Treatment and Disposal facilities in the amount of $600,000, to be divided equally between the City of Boynton Beach and the City of Delray Beach ($300,000 each) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. The Arches (NWSP 03-002), Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 - Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres F. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow selling of same 6 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Mayor Broening removed Item V.F because he received a card from a member of the audience. G. Approve a $500 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the department's law enforcement trust fund to assist with their Association's scholarship fund H. Fund the approved incentives granted to assist the Heritage Company, Inc. for renovations at the Boynton Terrace Apartments, approved on March 6, 2001 I. Accept the written report to Commission of purchases over $10,000 for the month of April 2003 for informational purposes J. Approve the plat of Murano Bay, subject to the approval of the City Engineer K. Approve allocation of Community Investment Funds requested by Mayor & Commission as follows: Poinciana Elementary School (to help defray the cost of students competing in the "Odyssey of the Mind" challenge in Iowa) - Mayor Broening ($500), Vice Mayor Ferguson ($500), Commissioner McCray ($500), Commissioner McKoy ($500), and Commissioner Weiland ($2,00O) PAL 12-year old Basketball Team - Commissioner McCray ($1,000) & Commissioner McKoy ($1,000) Library - Commissioner Weiland ($4,000) Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. Mayor Broening announced Item V.F. Since no one responded, Mayor Broening called for a motion to approve Item V.F. Motion Vice Mayor Ferguson moved to approve Item V.F. Motion seconded by Commissioner McCray and unanimously carded. VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 A. Authorize a court ordered mediated settlement with Christopher Isadore, Plaintiff, in the amount of $10,188 (initial demand was $100,000) Motion Vice Mayor Ferguson moved to approve Item VI.A. Motion seconded by Commissioner McCray and unanimously carried. VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss, a resident of Boynton Beach, pointed out that there has been a long dry spell and asked the City to adopt some kind of voluntary or mandated water restrictions in order to avoid a drought. He felt if restrictions were enacted now, this would avoid future problems with the water situation. Mr. Suss said that three times he was denied access to the Beach because it was filled. He pointed out that he is a year-round resident, who purchased a City Beach decal, and that year-round residents should be given priority to the Beach over part-time residents. He requested that the City change the Code to allow this and that part-time residents should pay more money to use the Beach. Attorney Cherof noted that several cards were turned in late by people who wished to address the Marina development. Mayor Broening said that he would not accept the cards because they were not turned in on time. Mr. Bressner noted that since the Marina development was under City Manager's report, he requested that they be allowed to speak. Mayor Broening polled the Commission and they agreed to allow these people to speak. Mayor Broening explained that he will change the rule this time, but there is a process in place that should be adhered to. Bert Garnsey, the Captain and owner of the Sea Mist Fishing Boat, said that he spoke to the Commission a month ago regarding concerns with the new Marina Village. He was present tonight representing a group of 14 marina businesses known as the DBMA ("Downtown Boynton Marina Association") that have joined forces to protect the heritage of the City and its title "Gateway to the Gulfstream." By not providing ample, closed, public parking, the community is being locked out from the Marina Village, which was supposed to cater to the public. Without any public parking, the Gateway to the Gulfstream will become extinct. He requested that the City leaders and the Related Group work with them to find a solution to the public parking issue. He noted that they have supported the City over the years and requested that the City support and consider those families that have kept Boynton Beach unique. 8 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Brian Edwards, 629 NE 9th Avenue, spoke about the Great American Clean-up. Mr. Edwards requested that trash receptacles be placed next to the public benches at bus stops that could be picked up by the City's trash collectors as they enter the neighborhoods. This would be a good way to keep the neighborhoods clean. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Serrano @ Boynton (ANNEX 03-001) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description:Request to annex a +9.74-acre parcel B. Project: Serrano @ Boynton (LUAR 03-002) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR) C. Project: Serrano @ Boynton (LUAR 03-002) (TABLED TO 6/3/03) Agent: Julian Bryan Owner: Beth Peschl Location: West of Congress Avenue, North of the L-28 Canal Description:Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) D. Project: The Arches (LUAR 03-003) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser Boynton Ventures 1, LLC Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and U$-1 Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) For mixed use development (commercial and residential) E. Project: The Arches (ABAN 03-002) Agent: Nancy C. Graham, Urban Principles, LLC Owner: Contract Purchaser- Boynton Ventures 1, LLC 9 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Location: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Description: Request abandonment of a portion of that certain 20-foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton Mike Rumpf, Planning and Zoning Director, announced that all public hearing items for Serrano @ Boynton and The Arches have been postponed to the June 3, 2003 meeting. The postponement would still allow sufficient time for advertisement for the second reading of the Ordinances to proceed on June 17, 2003. F. Project: Club Ovation (COUS 03-002) Agent: Randy Grinter Owner: Randy Grinter, Tommy Pauletti, Tommy Kansler Location: 3637 South Federal Highway Description:Request for Conditional Use approval to allow athletic competitions in a C-3 zoning distdct Motion Vice Mayor Ferguson moved to table due to an error in the application. Motion seconded by Commissioner McCray and unanimously carried. Attorney Cherof stated that the item would be tabled until the June 3rd meeting. IX. CITY MANAGER'S REPORT: A. Update on Fire Station ~ Land Purchase and Site Options Mr. Bressner stated that this item deals specifically with the purchase of land in the southeast quadrant of the City for a fire station. There have been discussions with several property owners and the Commission requested that staff bring back a status report on this project and the other fire station project. The City is recommending that this station be located on property commonly known as the Hayes Clinical Laboratory property that is owned by Triple C Leasing, Inc. and Hayes Clinical is the tenant. Staff is recommending that we proceed with acquisition of this property. The Commission asked staff to look again at the Baker property, which is located at the intersection of Golf Road (23rd Street) and Federal Highway. Mr. Bressner reported that he spoke with Mr. Baker personally regarding the acquisition of his property, and Mr. Baker indicated to him that the City was second in line and there were other entities that were interested in acquiring his property. If the City wished to wait pending the outcome of this, Mr. Baker indicated that he would consider selling the property to the City. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Mr. Bressner did not think that the City could wait any longer and believed that the Triple C Leasing property would be good for the City. Its location would provide the necessary service needs for the southeast quadrant of the community. Staff is requesting that the Commission consider moving forward with this project at this time. Mayor Broening opened the meeting to the public. Herb Suss, a resident of Boynton Beach, requested that the City move forward with purchasing the property as soon as possible. He pointed out that the railroad tracks prevent fire apparatus from crossing Federal Highway when a train crosses that creates a very dangerous situation for the residents of that area. Vice Mayor Ferguson noted that when the fire assessment was first adopted two years ago, it was determined that a fire station is needed in the southeast quadrant of the City, preferably east of the railroad tracks. Vice Mayor Ferguson took exception to this and said the only reason he voted for the assessment was that it was written in concrete that there would be a station in the southeast quadrant. He noted that there is currently $6.1 million available for this purpose. He wants this to move forward immediately and he feels that the Baker property would be a better location than the Hayes Clinical property. He further pointed out that they are acquiring the Hayes property through eminent domain and the Baker property owner is a willing seller. He also noted that the Baker property could be vacated 90 days after the contract is signed, which would not be the case with the Hayes property. The total construction cost is $3.1 million, $200,000 of which is needed to upgrade the traffic lights. He felt the price for the traffic lights was totally unrealistic and should cost no more than $50,000 to $100,000. Mr. Bressner noted that staff was asked to pursue the negotiation and yet there are multiple parties talking to the property owner regarding the purchase of his property. Mr. Bressner felt that this has resulted in the property owner not selling because he feels that there are various people vying for his property. Mr. Bressner also had assumed that it was staff's responsibility to do the land acquisition, and even though the Baker property would be a good site, his conversation with the property owner indicated that he was not interested in selling. Commissioner McKoy said public safety should be the concern of everyone and time is of the essence. He noted that the project has been on the board for two years and he would like the City to move forward. Commissioner Weiland inquired how the building on the Hayes site would be utilized. Mr. Bressner asked Chief Bingham to provide this information. Chief Bingham indicated that their report contained some proposed uses for the building. 11 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 · The building could be used for office space and the fire station could be built directly onto the building. · The building could be used for something else. · The building could be razed and the land could be used as part of the fire station or the City could use the Federal Highway frontage for something in the future. Commissioner Weiland also suggested that the front portion of the property could be sold to recoup some of the City's money. Chief Bingham responded that the site consists of 1.9 acres and it has been determined that 1.5 to 1.6 acres of land would be needed to build a quality, 3-bay, single-story fire station and there would be land available for future expansion. Chief Bingham pointed out that the Baker site's total acreage is only 1.4 acres. Mayor Broening noted that the safety of the residents is paramount and the Commission needs to move forward expeditiously. Motion Commissioner McCray moved for affirmation of the Hayes Clinical site. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting.) B. Review of Fire Station #2 Location Options Mr. Bressner explained that this fire station would be located in the southwest quadrant of the City and that staff is proposing a change that had previously been discussed in 2001. 1. Originally it was intended that Fire Station #2 on Congress Avenue, just north of Golf Road, be refurbished. After looking at this long term, staff determined that there was a better alternative since there was a 3.21 acre piece of property that had been platted as part of the Quail Run PUD for recreational use. 2. After examining the documents, staff determined that the property owner did not convey the property to the City and through some title work, the City obtained title to the property at no cost. In order for the site to be used for a fire station it has to be rezoned to public use. The City has been using this property for many years and the Utility Department has a pump station and a ground storage water reservoir on the site. 3. Staff has determined that it would be advantageous to locate the station at this site because it would allow for the construction of a single story building, which is much more functional than a two-story building. An analysis of the call data indicated that the Woolbright location is further central to the majodty of the fire calls for Station #2 and would allow for a better response time. Also, by moving the fire station slightly north, the current insurance gap between stations 2 and 3 for the Mall would be eliminated. 12 MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 4. Currently, the emergency operating center is located at the East Plant, which in 1928 was under water. The City would be able to obtain funding to provide a functional emergency operating center that would not be located in a hurricane zone. 5. With regard to office space, instead of relocating office space to the northeast fire station as originally planned in 2001, the possibility exists that the administrative offices may be located from Station #1 to the new fire station. Mr. Bressner pointed out that while the new Station #2 is under construction, the current Station #2 would remain operational so there would be no gap in services. Mr. Bressner presented a comparison of the costs of refurbishing the current Station #2 and building a new Station #2. · The original project costs in 2001 for all the improvements was $9.7 million. · With reconfiguration, with the additional land cost, is $11.8 million. · This is a difference of $2 million. · $307,000 is directly attributable to building cost increases. · Design costs increased by $51,000. · Land costs increased by $600,000 for Station ~4. The original budgeted figure was $750,000 and the actual costs are now $1.5 million. · By eliminating the administrative offices at Station #1, it was not necessary to purchase more land in the northeast quadrant, which provides an offset. · Contingency amounts were not included in the 2001 estimates, which is $477,000 and there were no costs in 2001 for modification to the traffic signal systems. · The actual building costs only went up approximately $300,000. Chief Ness presented a comparison of costs for 2001 versus 2003 prepared by staff. For informational purposes, statistics on call data were displayed on the overhead screen. Commissioner Weiland felt that the reason it took so long to purchase property was due to typical governmental bureaucracy. He did not think that there was much difference in the location from the current Station #2 to the location of the new Station #2. Chief Bingham stated that the distance was one-half mile. Also, he noted that in order to cross Congress from the new location, there is a traffic light at Woolbright and Congress that would have to be crossed. He did not think that there would be much difference in response time between these two locations and questioned if it was necessary to relocate the current station #2. Commissioner Weiland asked what the City intended to do with the property if the current Station #2 were in fact relocated. He felt that Station #2 should have been remodeled by this time and he would like to see something happen. 13 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 Chief Bingham pointed out that Station #2 was built in 1972 to accommodate two to three personnel and one or two pieces of fire apparatus. Also, the station cannot accommodate both genders and sits on less than one-half acre of land. When the assessment was first enacted, it was not staff's intention to look for land to build a new Station #2. Chief Bingham stated that they could put the money into the current station and they could have an adequate fire station to meet today's needs. Chief Bingham pointed out that as the City grows and the call volume increases, the City is going to have to provide additional fire and police services. He felt it would be wiser to build a better station on a larger site to meet the expansion needs down the line. By building smarter fire stations, this would avoid having to build additional stations in the future. Commissioner McCray would like assurances that the northeast quadrant of the City would not be left out when it comes to expansion of fire services. Bob Ensler, 26 Woods Lane, fully supports staff to move ahead with the proposed plans for not only fire services, but for water supplies, sewer service and police. He said that we need to listen to the professionals. Mr. Ensler pointed out that by building a new Station #2, it would be taking away land intended for recreation. He would like to see more recreational facilities for people in this area of the City, and for the City to consider changing the use where the current Station #2 is located to recreation. Herb Suss, a resident of Boynton Beach, did not think that putting money into Station #2 that was built in the 70s was realistic and did not make sense. He would like the City to move forward with relocating the station to the new site on Woolbright. Mr. Suss would also like to see a community room included in the new Station #2. Chief Bingham responded that there is a community room in Station #3 that is used by the public, and he anticipated that there would be a community room in the new station. Mr. Suss pointed out that this would be an additional benefit to the community. He was in favor of building a new Station #2. Motion Commissioner McCray moved to approve the relocation of Station #2 from Congress Avenue to Woolbdght Road and to move administrative office space from Station #1. Motion seconded by Vice Mayor Ferguson and unanimously carried. Vice Mayor Ferguson requested that the Commission be furnished with the handouts prior to the meetings to provide them the opportunity to read them. Mr. Bressner apologized and said that he only received the request for this information today and did not have it ready until almost 5:00 p.m. tonight. C. Discussion of Purchase of Jaycee Park Parcel from Flodda Inland Navigation District - suggested offer of $2.2M 14 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Mr. Bressner explained that this is a 5.57-acre of land that is currently owned by the Florida Inland Navigation District (FIND), which the City has been leasing since 1964. The property is located on the east side of Federal Highway and along the Intracoastal and is currently known as Jaycee Park, between the communities of Seagate and Colonial Club. The City was informed in 2002 by FIND that they no longer needed this property. Florida Statutes provide when FIND has vacant property, there is a requirement that it first be offered to the State, then the County and lastly to the municipality. There is a concurrent 60 day waiting period, which has now passed Last year, when the County was proposing the bond issue for the library, parks and cultural improvements, Boynton Beach was one of several communities that presented detailed "wish lists" to the County. Through the efforts of Commissioners Greene and K, lcCarty, the City received $1 million from each Commissioner and the $1 million from Commissioner I~lcCarty was to help fund the purchase of this property. Therefore, there is already $1 million available, subjeot to an Interlocal Agreement. Commissioner Greene's $1 million is earmarked for the Wilson Center. FIND originally informed the City that the property was worth $2.2 million and the City agreed with*this figure. However, after meeting with Mr. Roche of FIND, Mr. Bressner was informed that FIND felt the property was based on fair market value between $:3.6 and $4.2 million, rvlr. Bressner said that this was more than what was anticipated and asked if IVir. Roche could come up with another figure. Mr. Roche informed him that he needed to know by July if the City would be purchasing the land, and if not, it would go on the market for development purposes. IVIr. Bressner, as well as I~lr. Roche, feels that the best use for the property is not to allow it to go for development. Mr. Bressner said that an offer has to be forwarded to FIND by ,July, and he suggested the amount of $2.2 million, which was the value of the property. He was hoping that FIND would realize that the property would be preserved for open space and kept from development. Mr. Bressner asked the Commission how they would like staff to proceed. Commissioner Weiland inquired if the $1 million from Commissioner McCarty had any strings attached to it and if it was the County's desire that more boat ramps be added. Commissioner Weiland would like to see this property used for passive recreation. Vice Mayor Ferguson would like to move on this as fast as possible and felt that at $3.6 million it was well worth it. Vice Mayor Ferguson thought that the County was looking at property along the Intracoastal, near McDonald's Restaurant, that could be used for additional boat ramps. Motion Commissioner McCray moved to authorize staff to go ahead and offer FIND $:2.2 million for the property. Motion seconded by Vice I~layor Ferguson. 15 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 Mayor Broening noted that he served on the County's Boating Needs Assessment Committee as a representative from the Palm Beach County League of Cities and he acknowledged that there is a countywide shortage in boat ramps. Mayor Broening pointed out that the City of Boynton Beach is already providing one-third of the boat launch ramps not only for the County, but also for the region. Mayor Broening pointed out that it was determined that the location is not conducive from a boating standpoint. Mr. Bressner requested that Commissioner McCray amend his motion to state that the City has reservations about using the property for boat launch purposes when the offer is made. Commissioner McCray agreed to amend his motion, which was seconded by Vice Mayor Ferguson. Vote Motion carried 5-0. D. Discussion of Cash in Lieu Formula for Off-street Parking in CBD Area Mr. Bressner referred to Ordinance No. O1-30 that dealt with the fee-in-lieu of parking for the CBD. The current fee is $1,000 until September 30, 2003, which is Iow and was imposed to attract developers. Mr. Bressner reported that in 2001, the City Commission adopted the Ordinance for developers that could not meet the parking requirements in the CBD area, which encompasses approximately 80 acres in the downtown core area. The Ordinance .allows developers that cannot meet the parking requirements to provide a fee in lieu of payment, which is nonrefundable. He pointed out that there are possibly six developments pending in the downtown area. It appears that this issue now needs to be addressed by the CRA. Therefore, staff is recommending that the item be referred back to the CRA for a public hearing so that the rate structure could be changed. Vice Mayor Ferguson requested that Mr. Bressner review the proposed new figures and Mr. Bressner read the information contained on the agenda cover sheet that recommends increasing the fees as follows: Fee until October 2, 2003 $ 7,500/space Fee until October 1, 2004 $10,000/space Fee until October 1, 2005 $14,000 space Fee until October 1, 2006 $15,000/space Mr. Bressner also pointed out that the CRA can underwrite all or part of the fees as an incentive for the developer. He also noted that a parking space in a parking deck costs approximately $12,000 to $15,000 per space, exclusive of the cost of the land and operating and maintenance costs. Motion Vice Chair Ferguson moved for approval to send the item to the CRA. Motion seconded by Commissioner McCray and unanimously carried. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 RECESS WAS DECLARED AT 8:05 P.M. THE MEETING RECONVENED AT 8:20 P.M. E. Discussion of Marina Development Agreement Mr. Bressner reported that The Related Group, the developer of the Marina Project, has requested that the Development Agreement be dissolved and has forwarded a letter to the City with this request. Attorney Perry, who represents DSS Properties Ltd and Two Georges Restaurant, has requested that the Agreement not be dissolved. Staff's greatest concern is the parking issue and a meeting was held last week that was attended by representatives of Related, Two Georges, the Sea Mist Boat, Banana Boat and the Ocean Plaza, along with City staff. The issues discussed were (1) the parking and the issue that the employees of these businesses were parking in front of those businesses. It was agreed that the City, the CRA and the businesses would work together to find parking spaces for the employees that work at these establishments. (2) The Development Agreement contemplated that there would be an additional 145 parking spaces in a deck. He pointed out that the plan approved by the Commission no longer contains these spaces. Therefore, there is a need to come up with additional parking that was approved above and beyond the approved site plan. Gerry Knight, an Attorney representing The Related Group, referred to his letter in the agenda backup requesting that the Development Agreement be terminated and placed on the City agenda. He stated that there was a consensus among City staff and the developer that the agreement should be terminated since it is no longer applicable or relevant. He noted that the plan that the agreement was based upon was three site plans ago, which was the Garcia site plan that was approved in 2000. That site plan was modified by the Jarvis site plan and the new Related site plan that was just approved by the City Commission. Mr. Knight noted that the agreement provided for economic incentives, which the City has not provided, and they are not asking for any further economic incentives. To Mr. Knight, the agreement does not make sense as it applies to this development. He would like the Development Agreement to be mutually terminated between the City and the developer. The original agreement called for public parking as part of the required parking, but the Jarvis site plan and their site plan did not and, therefore, this is no longer relevant. With regard to the Mediation Agreement mentioned in Attorney Perry's letter, Mr. Knight noted that the parties were, the City, their predecessor and Mr. Perry's client; however, Mr. Perry's client is not a party to the Development Agreement. The public parking spaces were not referred to in Mediation Agreement and have nothing to do with the subject matter. Mr. Knight requested that the Development Agreement be terminated. Attorney Marty Perry, representing DSS Properties and Two Georges Restaurant disagreed with Mr. Knight's assessment that Related is not a party to the Mediation Agreement and he felt that the Court that has jurisdiction over the Agreement would 17 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 also disagree with Mr. Knight. Attorney Perry stated that The Related Group is a party to the Declaration of Easements Agreement that affects the issue of parking on Casa Loma Boulevard and affects the rights of the public. He stated that approval of the site plan is a violation of this agreement. Mr. Perry pointed out that the changes in the Development Agreement in 2000 were referenced in the Mediation Agreement. Attorney Perry stated that they are willing to work to find a solution to the parking and if this cannot be done, they intend to enforce their rights in accordance with the Mediation Agreement and under the Declaration of Easements. He did not think that voiding the Development Agreement was the solution to the parking. Mayor Broening opened the meeting to the public. Bert Garnsey pointed out that people come from all areas to use the boat ramps in the City and there are 14 businesses that make their living off these boat ramps. Claire Johnson owns a business at the marina and was present representing the 14 downtown marina businesses that have joined together with the CRA and BODA to work in solving the parking problems. The lack of parking in the Boynton Marina is being felt everyday and all businesses are being hurt. Until recently, public parking was taken into consideration and included in the Marina development. He felt that another level on the parking garage would help alleviate the shortage of parking in the Marina district. He requested that The Related Group come to the table to work on the parking issue and become a party to the solution. He would like to see the project move forward without any significant delays, and he felt that it was in everybody's interest to come to a solution to the parking problem. Bonnie Miskel, an Attorney who also represents The Related Company, acknowledged that there are many current businesses that have not provided parking. She felt that the City was wrong to place the burden of correcting the shortage of parking on private developers. If this was the City's policy, she felt that this would be a deterrent to future development. Ms. Miskel pointed out that the site plan they submitted was approved along with the proposed parking to serve the project. They have also included many common amenities that would benefit the public as a gesture to be a good neighbor. She felt that it was the CRA's responsibility to address public parking. She indicated that they would be willing to participate in any meetings as an interested landowner. She also felt that the Development Agreement was no longer in effect. Vice Mayor Ferguson acknowledged that there is a need for more parking in the Marina area, which could be solved by adding another floor to the garage. This would allow for additional parking spaces at a cost of approximately $1.5 million. He offered the following solution: ," The Related Group would contribute approximately one-third, or $500,000; v' The CRA would contribute $500,000; 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 ," The four adjacent property owner groups, i.e., Ocean Plaza, The Arches, Kaleel project, and the 14 property owners contribute the remainder. Commissioner McCray thanked the small businesses in the downtown area for keeping the City going. He pointed out that The Arches were given incentives, which was not done for The Related Group. Commissioner McCray would like to see what the City could do to assist with the money needed for the parking. He did not want to see any businesses pushed out by any developers. Commissioner McKoy agreed with Vice Mayor Ferguson regarding sharing the expense to solve the problem. He would like to see everyone work as a team to reach a common goal, which is to provide adequate parking for every person who wants to come to Boynton Beach. Attorney Cherof spoke about the Development Agreement and stated that the comments made tonight were the views of the individual speakers. Attorney Cherof confirmed that the City met with representatives of the developer and other interested parties. Mr. Bressner asked the business owners to bring some suggestions to the table. To date, only one has been received from Attorney Perry, which sets forth a method of resolving the dispute in its entirety. Attorney Cherof suggested that the matter be tabled to allow the interested parties to meet in a more favorable arena to discuss settlement, which he felt Mr. Bressner would be glad to arrange. Commissioner Weiland said that he was informed that staff felt that the Development Agreement was voided because the prior developer did not complete their obligations. He agreed that putting another floor or two on the garage would solve the problem, but who is responsible for the cost is a different question. Commissioner Weiland did not think that the issue was whether the developer would be providing future parking, but whether the Development Agreement was still in effect. Mayor Broening pointed out that the current Marina agreement goes back 12 years and that three site plans have been formally considered by the Commissions, some of which were good and some of which were bad to achieve the overall objective of the City to provide a place where people could congregate and work. Mayor Broening felt the purpose of the Development Agreement was to work out the issues among the parties. He pointed out that the CRA and this Commission approved the current site plan and that the current site plan does not match the Development Agreement. The question is whether the developer has the responsibility to provide parking for existing business. This needs to be determined. He agreed with the possible solution that Vice Mayor Ferguson presented, although he did not agree with the figures. Mayor Broening felt the site plan was of great quality, as well as the improvements that the Two Georges has made. It was now time for the parties to meet again and that the parking issue could be delayed a little longer; however, does not want to see the project 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 held up at all. He pointed out that the City abandoned Casa Loma Boulevard to the businesses on the south side in attempt to keep the project going. Dale Sugerman, Assistant City Manager, noted that of all the documents that have been developed over the past eight years, the only two people here tonight who have been involved in the agreements are himself and Mr. Cherof. Mr. Sugerman pointed out that the City has paid over $100,000 into this development, even though they were not made available to The Related Company. He did not think that the Development Agreement is null and void and he met with the key representatives for The Related Group before they closed on the property and disclosed his position verbally and in writing. He also furnished them copies of the Development Agreement and informed them that they had obligations if they were to acquire the property. Commissioner Weiland requested that the Commissioners be furnished with a copy of that letter, which Mr. Sugerman said he would supply. Mr. Sugerman felt that all the parties were in default under the Agreement, but he does not think that any staff member ever declared the Agreement null and void. Commissioner Weiland asked how much time is the City supposed to spend on a private parking issue. Attorney Cherof responded that the City has spent thousands of hours addressing the private parking concerns and the Commission over the years has always responded to those concems and has accommodated every request that was brought before them. Attorney Knight rebutted that the Development Agreement is tied to a defunct site plan and was the subject of two major modifications, neither of which provided for any public parking. He pointed out that both the CRA and the Commission approved the parking that provided no public parking spaces; thus the Development Agreement is no longer relevant to this project. He respectfully requested that it be terminated. Commissioner Weiland offered that at one time a former City Commission offered $750,000 to the project for downtown parking, but it was never accepted. Commissioner McCray pointed out that since all the parties were present, he did not see the urgency to terminate the Development Agreement now. He would like the parties to go back to the table to work out their differences. Motion Commissioner McCray moved to table for consideration. Motion seconded by Vice Mayor Ferguson and unanimously carried. X. FUTURE AGENDA ITEMS: A. Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (June 3, 2003) 20 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 B. Review of Haitian Alliance Church Site Plan (June 3, 2003) C. Report on Renewal of City Health Insurance Program (June 3 or June 17, 2003) D. Review of City Bidding Procedures (June 17, 2003) E. Review of Annexation Enclaves (June 17, 2003) F. Report on Bottling of City Water (June 17, 2003) G. Firefighter Sculpture Presentation (July 15, 2003) H. Budget Discussion Workshops (July 15, 16 and 17, 2003) I. Follow-up Meeting with CRA on Development Issues (August 2003) J. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) K. First Budget Hearing (September 9, 2003) L. Second Budget Hearing (September 16, 2003) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) With regard to Item X.M., Commissioner McCray requested that when the letter from HUD is received, it be presented to the City Commission and that the minutes be provided to the Commission that approved the $7,500. Xl. NEW BUSINESS: A. Approve the Special Event Permit request for Shepherd/Pearsall rehearsal dinner at Mangrove Walk at the Marina On August 1, 2003 Motion Vice Mayor Ferguson moved for approval. Motion seconded by Commissioner Weiland and unanimously carried. Vice Mayor Ferguson requested that the Code be changed so that the Commission did not have to approve these kinds of requests. Mayor Broening recommended that the Code be changed accordingly. 21 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 B. Disoussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting Commissioner McKoy raised concerns regarding the business conduct of the Commission. He noted that a Commissioner attended a Workforce Alliance Board Meeting, and he provided a copy of the minutes of that meeting. Commissioner McKoy is concerned that the Commission should be held accountable for their actions. He referred to the State Ethics Board that governs the conduct of this Commission and asked if the City has a policy that governs how the Commissioners should conduct City business. Attorney Cherof responded that there is no policy in place. Commissioner McKoy requested that the issue be reviewed and that staff bring forward some recommendations for the entire Commission. C. Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members Attorney Cherof noted that occasionally the qualifications of Board members might not have been entirely accurate. There are no guidelines in the Code for the appointment of Board members with regard to their qualifications. The proposed Ordinance would provide that a person could not be appointed to a Board without first submitting an application. The City Commission, City Attorney's Office and the City Clerk's Office would design the form and it would be uniform in nature. The City Clerk would be required to review the application for completeness prior to its submission to the Commission for review. Before being appointed, any Commission member could ask for clarification or confirmation of qualifications contained on an application and no person would be appointed until the confirmation is received. After a person is appointed, the City Commissioners individually could ask for written confirmation of qualifications if an issue arose regarding that person's qualifications. At this point, the City Clerk would inform the Board Member and the other Commissioners that a Commissioner has made an inquiry. The Board member would have 30 days to provide evidence of their qualifications. If the Board member fails to provide the requested information, they would automatically forfeit their position on the Board and would not be subject to reappointment to any Board for a period of 36 months. Commissioner McCray noted that the language on the application reads: "1 hereby certify that the statements provided herein are true and accurate and I understand that if appointed, any false statements may be cause for removal from the Board." Attorney Cherof will add this language to the Ordinance. Motion Vice Mayor Ferguson moved that this move forward as an Ordinance. Motion seconded by Commissioner McKoy and unanimously carried. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-016 Re: Amending the Land Development Regulations, Chapter 1. Definitions, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling Alley," "Gymnasium/Health Club," "Shooting Range, Indoor," "Skating Rink," and Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses Attorney Cherof pointed out that as a result of Commission discussions during the first reading, the Ordinance has been amended under Article II, Definitions, and the definition of "Athletic Competitions" has been changed. Therefore, a motion to amend the definition of "Athletic Competitions" as set forth in the draft Ordinance is necessary, followed by a motion to approve the Ordinance. Motion Vice Mayor Ferguson moved to amend the definition of "Athletic Competitions" as set forth in the draft Ordinance. Motion seconded by Commissioner McCray and unanimously carried. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-016. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces Attorney Cherof read proposed Ordinance No. 03-017 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-017. Motion seconded by Commissioner McKoy. Deputy City Clerk Glinski called the roll and the motion carried unanimously. 23 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida May 20, 2003 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 03-018 Re: Amending Part III of the Code of Ordinances, entitled "Land Development Regulations," to provide for the City Engineer to take action with respect to technical services provided by the Engineering Division of the Department of Public Works and amending Part III to provide for the deletion of obsolete language, and clarification of existing provisions Attorney Cherof read proposed Ordinance No. 03-018 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-018. Motion seconded by Commissioner McCray. Deputy City Clerk Glinski called the roll and the motion carried unanimously. C. Resolutions: None D. Other: 1. Set a closed-door session to discuss pending cases Attorney Cherof explained that he is required under State Statute to request publicly when he would like to meet with the Commissioners privately, as well as the City Manager to seek advice regarding pending litigation. There are three cases that he would like to discuss as follows: (1) The City of Boynton Beach vs. Barcelona Pre-cast, Inc.; (2) Boynton Beach Alliance; and (3) Vincent Molle and Arlene Molle versus the City of Boynton Beach. Attorney Cherof stated that it was not necessary to set a date tonight and that the City Manager's Office will contact the Commissioners for available dates. XlII. UNFINISHED BUSINESS: None 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida May 20, 2003 XIV. ADJOURNMENT: There being no further business, the meeting propedy adjourned at 9:20 p.m. CITY 0 YNTO AC dClerk Commissione~- · ./ Recording Secreta~ ' Commissioner (May 23, 2003) 25 Madden, Barbara From: Lyons, Thelma Sent: Wednesday, May 21, 2003 10:37 AM To: Madden, Barbara Subject: Cert. Great American Cleanup Barbara, Per your requested, please see below. Please advise if you have any questions. Steve Miller - CDC Peacemakers Suzette Urs - INCA Doris Jackson - Poinciana Heights Neighborhood Association Ben Bryant - MAD DAD of Boynton Beach Step-Team David Johnson - International Pentecostal City Mission Church of Boynton Beach Virgil Wilkinson - Four Sea Suns Condo's Wendy Stacy - Golfview Harbour Myra Jones - Ridgewood Neighborhood Association Rev. Duane Cyr - Jubilee Ministry Center Pastor Jacques Destine - Helping Hand Mission Org. Emily DeCarlo - Baytree Diana Barboza Cindy Sanz Dale Sugerman & Family -Asst. City Manager Regards, rlIrie[ma £ yons Neighborhood Services lyonst@ci.boynton-beach.fl.us Work: (561) 742-6029 Fax: (561) 742-6259 DEPARTMENT OF DEVELOPMENT Memorandum DD 03-014 TO: Kurt Bressner, City Manager James Cherof, City Attorney Janet Pranito, City Clerk r~ FROM: Quintus L. Greene, Development Directo DATE: 5/20/03 RE: CLUB OVATION REQUEST FOR CONDITIONAL USE (COUS 03-002) Staff requests that Item VIII. F. Club Ovation (COUS 03-002), Request for Conditional Use, be pulled from tonight's City Commission agenda due to an error in the application. Law Offices F. Martin Perry & Associates, P.A. F. MARTIN PERRY 1645 Palm Beach Lakes Blvd. TELEPHONE (561)471-3507 SUSAN L. TAYLOR Suite 1200 FAX (561) 686-5442 West Palm Beach, FL 33401 May 20, 2003 James A. Cherof, Esq. Via Email: cherofj@ci.boynfon-beach.fl.us City Attorney City of Boynfon Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: DSS Properties Ltd. & DSS Management, Inc., d/b/a/ Two Georges Restaurant/The Related Group/Boynton Marina Dear Mr. Cherof: Prior to setting forth this proposal, I need to point out that I have just learned that The Related Group has posted the north side of Casa Loma Boulevard with signs stating "NO PARKING - 24 HOUR TOW ZONE. This is a clear violation of the provisions of the Declaration of Reciprocal Easements affecting not only my clients rights, but also those of the public. We insist that the City demand the immediate removal of these signs and the following proposal is conditioned upon their immediate removal. If not removed, appropriate legal action to enforce the Declaration and the Mediation Agreement shall be immediately instituted. Unfortunately, this does not reflect any interest in seeking a solution on Related's part. Following the meeting held at the City of Boynton Beach on Tuesday, May 13th, which included the City Manager and yourself and several other members of the staff of the City of Boynton Beach, together with representatives from the Related Group and other business interests in the marina area, including the owners of the Banana Boat Restaurant, the Ocean Plaza and the Sea Mist Vessel, my client gave consideration to whether a compromise solution may be available which could address everyone's concerns relative to the issues discussed at the meeting. The issues discussed at the meeting were predominantly related to parking, but also included other issues created by recent approvals granted by the City to the Related Group, which have resulted in physical changes to Casa Loma Boulevard, James Cherof, Esq. May 20, 2003 Page 2 of 3 contravening the Development Agreement, as well as the Reciprocal Easement Agreement, the Mediation Agreement and Court Order. Without intending to waive any rights unless an agreement is reached, my clients have given extensive consideration as to whether a suitable compromise exists to the current problem. As I suggested to you by telephone yesterday, we believe the following proposal will provide an effective comprehensive solution: 1. All parking spaces located on Casa Loma Boulevard shall be for the exclusive use of my clients. 2. The Related Group shall not be required to provide non-exclusive public parking in their parking garage. 3. My clients shall provide offsite parking for the Sea Mist and all of my clients' marina activities, as set forth in Paragraph (g) at Page 2 of the Mediation Agreement. 4. The City of Boynton Beach will acknowledge and agree to my clients' rights to stack parking in its offsite lot, located on 1 st Avenue, with the understanding that such stacking will not be a violation of any City ordinances presently or in the future. 5. If legally permissible, in light of the fact that all parking on Casa Loma Boulevard will be valet parking, my clients shall be relieved of any requirements relative to providing handicapped parking on Casa Loma Boulevard and/or their offsite lot, located at 1st Avenue. 6. The Related Group's site plan shall be revised as follows: 1) The building located at the east end of their project on Casa Loma Boulevard, described as estaurant, commercial building, dock master, office, etc. , shall be moved north to their property line so that the southern end of that building will have the same boundary as set forth in the original approved plan upon which the Mediation and Reciprocal Easement Agreements were based. 2) The curbed landscaped area constructed by the Related Group on the south side of Casa Loma Boulevard, near the entrance to the Two Georges drive-through area along their bulkhead shall be returned to the original layout as reflected in the approved master plan upon which the Mediation and Reciprocal Easement Agreements were based and the parking spaces and dumpster location shall be re- established as laid out on that original plan. 3) The parking spaces which currently exist on NE 6th Street adjacent to the west end of the canal on the south side of Two Georges shall remain in their present James Cherof, Esq. May 20, 2003 Page 3 of 3 configuration and the Related Group's site plan shall be changed accordingly to reflect that. This area shall be used as a drop-off area for the dive and fishing boats. I attempted to reach the City Manager for purposes of discussing this, but was unable to reach him. I appreciate your serving as a conduit for this. We are hopeful that this matter can be amicably and quickly resolved. We look forward to hearing from the City with respect to this proposal, which obviously will need to be put into a written agreement. Very truly yours, F. Martin Perry cc: Kurt Bressner, City Manager William Scaggs: via facsimile: 561/620-8189 Steve Scaggs: via facsimile: 301/208-8037 PURSUANT TO F.S. 286.011 (8) THE CITY ATTORNEY IS REQUESTING A PRIVATE MEETING WITH THE CITY COMMISSION AND THE CITY MANAGER TO SEEK COMMISSION ADVICE REGARDING THE FOLLOWING PENDING LITIGATION CASE NO. CA 02-13558 AN CITY OF BOYNTON BEACH, FLORIDA., a Florida municipality, Petitioner, VS. BARCELONA PRE-CAST, INC.., d/b/a BARCELONA PRE-CAST ART & KEYSTONE, and VINCENT BARRERA and LUISA BARRERA, individually, Respondents. 20 MINUTES REQUESTED CASE NO. CA 02-01704 AN BOYNTON BEACH ALLIANCE; and DESIDERIO CORPORATION, a Florida corporation; EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs, VS. THE CITY OF BOYNTON BEACH, Defendant. 20 MINUTES REQUESTED CASE NO. CA-01-07267-AG VINCENT MOLLE and ALENE MOLLE, Plaintiffs, VS. CITY OF BOYNTON BEACH, 20 MINUTES REQUESTED ao~rroNS~cH crr~ co _~sSioN ~rmo PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City to the start of the City Commission Meeting. tddress .a ~ Telephone # 3 ~ ~'-~ Agenda t~"- -~- ~-~ at this meetinl, he/ah~ reCor~ or tho procoedtnl~. opp~ ~ 'pm'l~llmm Ple~conuct Q BOYNTON BEACH crrY COMMISSION MEET~G PUBLIC COM'M~-NT CARD ,,/ AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk/pt~or to the start of the City Commission Meeting, Address ~' '// -' ' Tele A~enda # ~ / 8umm/~y0,f Matter to be Add~e,s~ed//{One topic per card) If · peruo~'~ecidu to Iplbal any decision nll~e by tho City Cosnnlisciosx with reopoc~ to any mt~or considered at this moo!in.f, ho/oho will need · record or the l~ocoedinp and, for ouch purpooe, b/ohe my need to ensure that · verbethn record or the proceedinp is made, which record includes the testimony and evidence upon which tho eppoal is to be based. (F.8. 256.oloa) Tho City shall famish eppropristo e-~-m-,~ aids and services where necessary to afford an individual with · disohflity an equal opportunity to ptrttcipoto in end enjoy the benaflto of I service, l~o~raxn, or activity conducted by the City. Please contact Joyco Coatollo, (561) 742-6013 at least twenty-bur hours prior to tho pro~rem or activity in order for the city to reasonably acco-~odato your requas~ Q BOYAVTON BEACH CITY COMMISSION MELTING AGENDA ITEM8 Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Address' Telephone # A~enda #, Summary of Matter to be Addressed per ctrdl If a person deetde~ to appe~ anT dmddon tomb !~ the C~31~.~,amnt~ ~ ~s~ M t ~ me~, helle C~, (861) 74~13 at M ~.~ ~ ~ m ~.. ~ o~ ~ h ~ b ~ ~ m ~My ac~--o~M COMMISSION PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info~-.ation called for below and ~ive to the City prior to the start of the City Address ~2 0 ~ If · meetln& he/abe/~ ~am~ Address Telephone ~ ~-~ ~' Summary of Matter to be, peF card~:7: :' ? "~ .... "?': ~: ::;~' ' .~¥'~;:;ZL E~:~.-'~: ,'" '. ' ~ C~-h-n ~ a~m a~ ~ ~ m w~ ~~ m ~ ~ ~~ ~ a ~~ m eq~ ~o~ ~ he ~e~ side for ~o~t mes~.~' Q BOYNTON B~kCH CITY COMMI88ION MRRTING PUBLIC COMMENT CARD AGENDA ITEM8 Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~.~ Address Telephone # Afenda Summary of Matter to be Addremct. (One card), will hood · re··rd of th 3smB nnd~ f~'msnk m . L_.~ at riga meetin~ he/~ made, wMoh roemd __ _ fndudee th ~sttmon7 aud ovid em upon width th auu~ is -me City shall farnisk nppropriato auilh~ ·MB and ! O BOYNTON R~kCH crrY COMMI88ION MRR'I~G PUBLIC CO~ CARD :~/ AGENDA ITEM8 Fill in the infomatton called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. .,mo Address Telephone # A~enda Summn~y of Matter to b~. Addressed - {One topic per eard)- If a pertain doeidee to appeal any doelalon nude by tho City Cantmisalon with reepo~t to any matter ~onaldmd it this meettu& he/the will need. · r~ord of tho pYocoodln_fe alld, fbr IlZah pllrposo, b/she my need to ·nam that · verbatim rocord of th proeeedinfs is rode, which neo~d include· the re·tim·ny and evidence upon which tho appeal is to be Ims~d. (IP.K 286.0106! Tho City shall farniah appropristo nuntlhry aids and eervtm where neceemry to ~d an hdivtdml ~lth · disability an equal opportunity to pertteipoto in and enjoy the I~neflto of a aervte·, pro~r&u~ or activity eomlu~-tod by the City. Pi·aec contact Joyeo Costello, (S61! 742-6013 at bast twenty-bur bom prior to the pro.lin or activity in orde~ fb~ tho city to r~aoonably aeeom~od~to your requesL  BOYNTON BIL~.CH CITY COMMISSION M~,ETING PUBLIC ~~T C~ AGENDA ITEM~ ~ F~ h the ~fomaflon ~ed for below and ~ve to ~e City Clerk prior to ~e s~ of ~e ~ ~ ~mm~ion Meet~f. Name - ~~ ~ ~~ Ad~en Telephone ~ ~en~J ~ ~ b - (One .... Ir · pereon decides to made by the vid hOOd 8 record of ~ ~ euea purlme, heldt*: of the pro~dbi~ made; wltklt rocord t1~'teetieum~ and oppommtt~ to partir, fpe~ fit ,,d~enjoy th~ beneflto, of'a ~ Cit3r. ~ Jo7~i ~ootollo, (8611 742~0L~'~ let8~ twenty-fl)ur ~oura prior to the to a~omMode~ m in the l.nfommt{{o,, tO'~;'City "~4~ ;f the CltF Commission -. Name Telephone # Summary of Matter to IM Addremd~: - (One tol~ Ir · pertain de~ldes to ·pied any doddem made by tho City he"- L vtth rupoet to In~_. mttu amMdend ·t thb aee,~ he/da will md · record of tho pmeeedbifO and, b maeh purpoae, /eno-maT hood to em ·list · verlmtim rooord of tho proceedbip fo made, wh~h record indudm tho t~fmony and evidence upon vidal· tbs ·ppoal ia to bo baee~ ~.0. 386.0106J opportunity to ptrticipoOr in and enjoy the beneflm of · ~ program, or mfl~fty co·due·od by the Ctt~. Plem~ ~ontact Joyoo Coo·olio, (561) 742-601~ a~ ~ twaut~-fbu~ horn prJos, to the pfeSram or &~tvit3~ bi ord~ f~r tho ~ to romeo·aMy accom,n,,~,qiato your roqueoL Fffi ~ ~e tnfo.ma~on ~ed for below ~d ~ve to the City Clerk p~or s~ of ~e Ci~ Comm~sion Mee~E. Name Smm~ of Maker ~ ~-~'~ ~ n~d ~ of ~ ~ee~ f ITRMS ):! I1 in the information to the City Clerk prior: ~.the start of the City ~mmisston Mee+J-g. Address Z~' l ~ · -. Telephone # Summary of Matter to. be Addreased[. (One per eard~'..,.-,~ ....:. ,~';: . Cf a ~_--_----~= ~_-----'-~--_ ~ i~:~ ~y -'-==:='-~e. made '-- -.-- ,- .... mm' ' - [-ne City shal~ ~ ........ 1- --- ------T' -r-.-- -----,- --~ ,ppm, -- ~ ~ mme~ (~.8, ~.010~, 'o8 pa enjoy me neneflts of · ~ program, or activi cond ty equal tello, (S61 74260 ty uetod tho lq ' ) 13 at leant twenty-four ham ._t ............ by City. easo contact Joyce _ w,.u~ ~ um proirnm or ·CUVlty in or·ow 1~o~ tho cf to tenso · ,our request. Se ....... '' .... ' ty nably accommodate ~ ~v~xm~ slue lot llllpOFtallt mes~o i:i COMMISSION i ' ~ ': PUBLIC COMMENT CARD AGENDA ITEMS Fill i~ the information eall~d for below and Eive to the City Clerk prior to the start of the Clt~'i 'ii Commission Meeting. . ~ . · BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE 'iH in the information called for below and Eive to the City Clerk prior to the start of the City ~'ommissionMeetinE. W~ .~ (/' -~ --~ Name / ~ -' ~' /t Ad.ess ..... Telephone ~ Summa~ of Matter to be Address~~ ~ ~/~~ /~/~~ ~~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA- .PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address ~lt- ~t~ /~ /~ Telephone Summary of Matter to be Addrel If a per-son decides to appeal any decision made by the City Com,ntqion with respect to any matter conttdured at this meeting, he/she will need a record of the procsedinfa and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includea the tsatimony and evidence upon which the appeal is to be based. (F..q. 286.0105} The City ahall flLrnish appropriate auxiliary aide and servioee where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costelio, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE ill in the information called for below and give to the City Clerk prior to the start of the City [~m~issi°n Meeting' ~ ~ ~ i~1 Telephone, Summary of Matter to be Ad~essed~O~~~ ~ If a pe~-~on decides to appeal any decision made by the City Com,~-sion with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.