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Minutes 08-19-03MI'NUTES OF THE REGULAR CZTY COMMTSSTON MEE'rZNG HELD I'N COMMI'SSTON CHAHBERS~ CZTY HALL~ BOYNTON BEACH~ FLOI~DA~ ON TUESDAY, AUGUST ~.9, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Nike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk T. OPENZNGS: Call to Order- Mayor Gerald Broening Invocation/Moment of Silent Reflection Pledge of Allegiance to the Flag led by Commissioner Weiland Mayor Broening called the meeting to order at 6:32 p.m. There was a moment of Silent Reflection, followed by the Pledge of Allegiance to the Flag led by Commissioner Weiland. D. TF YOU WZSH TO ADDRESS THE COMMZSSTON: · FI'LL OUT THE APPROPRZATE RE(~UEST FORM · GZVE ZT TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORI'~ON OF THE AGENDA HAS BEEN COMPLETED , COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME I'NDZVI'DUALS MAY SPEAK FOR THREE UNZNTERRUPTED MI'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested that item B under City Manager's Report be moved to Legal, Resolutions. 2. Adoption Motion Commissioner Weiland moved to approve the agenda as amended. Commissioner McCray and carried unanimously. Motion was seconded by OTHER: A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida A#qust19,2003 Commissioner Weiland expressed a heartfelt thank you to the press. He said that the radio stations, television stations and newspapers have been tremendous in their coverage of the East Boynton Beach Little League team during the World Series. Commissioner McCray asked City Manager Bressner to clarify for the public the article in the newspaper that said we used emergency dollars from the Recreation Department for the Little League team. City Manager Bressner said that the item referred to was in the Palm Beach Post last week. He was asked by the reporter how the City Manager can authorize spending before it is approved by the City Commission. He said that, on some very infrequent occasions, there are circumstances where funds have been spent and the Commission then ratifies the action. The $2,000 that was referred to in the press was from the Recreation Department's contractual services account. He explained that there used to be an alarm system at the Hester Center, the Art Center and the Senior Center. They switched to video surveillance that eliminated the need for the alarm monitoring. Those dollars were saved and were used as a funding source. He explained that later on tonight in the agenda, there would be additional money from the Commissioners' Community l~nvestment Funds that is being authorized for the Little League. The money that the City provided to the Little League is not going to the families. Tt is for next year's Little League program to replace the dollars they had to spend during this year's regional and national competitions. City Manager Bressner echoed Commissioner Weiland's comments on the coverage by the press. Commissioner McCray said he would be donating $1,150 to the families in Williamsport from individuals in the community. Mayor Broening said that he and his wife just returned from Williamsport where they watched the games, l~t was quite thrilling. It is a wonderful environment for families. He said that these young men are great ambassadors for our City and they are great ball players. He presented some memorabilia to the City Manager to be displayed. Commissioner McCray announced that today at 10:00 a.m. there was a memorial service for Ms. Tereesa Padgett, a former City Clerk in Boynton Beach and a member of the Cemetery Board. He had the privilege of working with her. The family of Ms. Padgett was very appreciative of the City flying the flag at half-mast. Commissioner McCray announced that Krispy Kreme will officially open on Tuesday, August 26m at 5:30 a.m. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: Meeting Minutes Regular City Commission MeeUng Bcynt~n Be~ch, Fl~rid~ Auaust 19, 2003 1. Proclamations: City of Boynton Beach Firefighter Appreciation Week - August 25- September 1, 2003 Mayor Broening read the City of Boynton Beach Firefighter Appreciation Week Proclamation and presented it to Deputy Fire Chief 3im Ness, who introduced Lt. Phil Oxendine. Lt. Oxendine, the Fire Department coordinator for the MDA program, thanked the community for their continued support. A representative from the Muscular Dystrophy Association thanked everyone for their support and reminded everyone to tune in Labor Day weekend for the 3erry Lewis Telethon. Recognition of Keyes Company Realtors for being the recipient of the 2003 Sponsor of the Year Sunsational Award from the Florida Festivals Events Association Wayne Segal, Director of Media & Public Affairs, explained that one of the goals of the Public Affairs Department is to recruit sponsors that will help to underwrite our special events. Tn return, the City provides sponsors with opportunities for economic development. This creates win-win partnerships for sponsors and the City. One of these sponsors is Keyes Company Realtors. Mr. Segal said that Doug Dennison and his staff have a real interest in this community. That was the reason Theresa Zabik, Special Events Coordinator, nominated Keyes for the award. This award is presented annually by the Florida Festivals Events Association, an organization of professional event planners and promoters. At their recent convention, they named Keyes the winner of this year's award. Mr. Segal wanted to share this honor with the Commission and publicly thank Mr. Dennison and Keyes for their support of the Oceanfront Concert Series, Concert on the Green and other community events. Doug Dennison, Keyes Company Realtors, said it was a great thrill to represent the City and win this statewide award. He looked forward to working with the City on many other activities. He recognized the Keyes staff that was in the audience. ZV. ADMZNTSTRA~E: A. Accept resignation of Dee Zibelli, Regular Member of the Code Compliance Board Motion Vice Mayor Ferguson moved to accept the resignation of Dee Zibelli, Regular Member of the Code Compliance Board. Commissioner McCray seconded the motion that carried unanimously. Mayor Broening thanked Ms. Zibelli for her many years of dedicated service to the City. Meeting Minutes Regular City Commission Meeting BQynt~n Be~3ch, Florida AuQust 19, 2003 Appointment To Be Made Appointments to be made: Board Length of Term Expiration Date Mayor Broening I Weiland II McCray III Ferguson Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Advisory Bd on Children & Youth Mayor Broening Bldg. Bd of Adj & Appeals T Weiland Cemetery Board ! Weiland Code Compliance Board IV McKoy Community Relations Board IV McKoy Mayor Broening Education Advisory Board Education Advisory Board ! Weiland Library Board IV McKoy Mayor Broening I Weiland Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Commissioner Weiland appointed Dave Raftdn as a Board. All other appointments were tabled. Motion Vice Mayor Ferguson moved to approve the Commissioner McCray and carried unanimously. Alt 1 yr term to 4/04 Tabled (3) Stu/NonVoting 1 yr term to 4/04 Tabled (3) Reg 2 yr term to 4/04 Tabled (3) Reg 2 yr term to 4/04 Alt 1 yr term to 4/04 Alt 1 yr term to 4/04 Reg 3 yr term to 4/04 Alt 1 yr term to 4/04 Tabled (3) Alt i yr term to 4/04 Tabled (3) Stu i yr term to 4/04 Tabled (3) Alt i yr term to 4/04 Tabled (2) Reg 2 yr term to 4/05 Tabled (3) Reg 2 yr term to 4/05 Tabled (3) Reg 2 yr term to 4/05 Tabled (3) Regular Member of the Code Compliance appointment. Motion was seconded by Mayor Broening explained that these Boards are very important to the City and volunteers are needed. 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: Agenda Preview Conference of August 4, 2003 Regular City Commission Meeting of August 5, 2003 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Auqu~ 19,200~ Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award "CO-OP ROAD CONSTRUCTTON MATER[ALS," Bid #076-1411- 03/.1A to various vendors - Austin & Tupler, Community Asphalt and Ventura and Sons, for an estimated annual expenditure of $71,368.75 Award bid for "ANNUAL SUPPLY OF FRONT LOAD CONTAINERS," Bid #070-2510-03/C3D to FLOR[DA CAN, INC. of Mulberry, Florida, in the amount of $20,000 C. Resolutions: Proposed Resolution No. R03-139 Re: Change order to RMPK Group, Tnc. Consultant Agreement for Rewriting of Land Development Regulations to increase total project cost by $56,000 (including $5,500 for contingencies) to include additional services and extend the contract by 12 months Proposed Resolution No. R03-140 Re: Annual service agreement between Motorola and the City of Boynton Beach for the City's communication system Proposed Resolution No. R03-141 Re: Contract for services ($8,000) for Community Development Block Grant recipient Mad Dads of Boynton Beach, Thc., previously approved for funding .July 2, 2002 Proposed Resolution No. R03-142 Re: Full release of surety for the project known as Lester PUD plats 2, 3, 4, 5 and 6 and returning the appropriate letters of credit to the developer Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 Vice Mayor Ferguson requested that item C.5 be pulled from the Consent Agenda for discussion. Proposed Resolution No. R03-144 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved Vice Mayor Ferguson requested that item C.6 be pulled from the Consent Agenda for discussion. Proposed Resolution No. R03-145 Re: Release of a cash bond of $36,850 to Verderame Construction Co., Inc. for the project known as the Golden Corral Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ridi~ Auqust 19, 200~ 10. 11. Proposed Resolution No. R03-146 Re: An ]:nterlocal Agreement between the City of Boynton Beach and Palm Beach County for a Lake Worth Lagoon Partnership Program reimbursable grant in the amount of $500,000 to be applied to the stormwater improvement program planned for the INCA neighborhood located on NE 7th Street between NE 10~ and NE 7~ Avenues Proposed Resolution No. R03-147 Re: Proposal to provide consultant services to evaluate Track-It! installation and provide best practices process recommendations and a plan for effectively moving to Track-It! 6.0, in the amount of $4,500, plus travel expenses (T.T.S./G.]:.S. Department) Proposed Resolution No. R03-148 Re: 2004 updated Pay Plan for City Employees Approving the 2003- Proposed Resolution No. R03-149 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of .luly 31, 2003: Authorization to expend $4,000 from Repair & Replacement Funds on an emergency basis to replace water booster pump and progressive cavity pump for polymer system Authorization to expend $1,200 from Repair & Replacement Funds to replace cutter blade and screen for sludge grinder Authorization to expend $4,500 from Repair & Replacement Fund for replacement of screw dewatering conveyer Authorization to expend $5,000 from Repair & Replacement Fund to replace seals on 4 screening building scrubber pumps Authorization to expend $2,700 on an emergency basis from Repair & Replacement Fund to replace teeth on bar screens Authorization to expend $3,300 from Repair & Replacement Fund to replace 150HP fan motor for aeration scrubber Authorization to expend $3,500 from Repair & Replacement Funds on an emergency basis to replace screw and weir bars on grit cover Authorization to expend $3,000 from Repair & Replacement Funds on emergency basis to replace level controller on bar screens Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori;Ip AUqUSt 19, 2003 Authorization to expend $2,000 from Repair & Replacement Fund to paint interior walls of bar screen room Authorization to expend $9,500 from Repair & Replacement Fund on an emergency basis to replace clarifier i and 2 bridge supports and align and reweld spacer bars on bar screens Authorization to establish wastewater user rate to cities for fiscal year 2003/2004 as follows: Operations & Maintenance Reserves Total 2002/2003 $0.635/1,000 Gal $0.180/1,000 Gal $0.815/1,000 Gal Authorization for acceptance of 2003/2004 Wastewater and Reclaim O & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund) D. Ratification of Community Redevelopment Agency Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480-square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district ('Tabled on Vice Mayor Ferguson requested that item D. 1 be pulled from the Consent Agenda. First Baptist Church (SPTE 03-002), 301 North Seacrest Boulevard - Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004 Commissioner McCray requested that item D.2 be pulled from the Consent Agenda for discussion. E. Ratification of Planning & Development Board Action: None F. Approve the donation of $1,000 to Florida Missing Children from Law Enforcement Trust Fund Accept the written report to Commission of purchases over $10,000 for the month of .luly 2003 for informational purposes 7 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori~J~ Auou~ 19,2003 Authorize the use of Community Tnvestment Funds for East Boynton Beach Little League in the following amounts: Commissioner McCray - $2,000, Commissioner McKoy - $2,000, Commissioner Weiland - $3,000, Vice Mayor Ferguson - $1,500 Motign Vice Mayor Ferguson moved to approve the Consent Agenda as amended. McKoy seconded the motion that carried unanimously. Commissioner C.5. Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 Bill Schmalz, 1727 SW 18th Street, felt that the tennis courts were in need of repair. He said that he has slipped and fallen on the courts. The fees should not be increased until they are fixed. The City is losing many players to :Indian Springs because the City courts are in bad shape and because of the anticipated fee increase. .losoph Bonner asked for a show of hands of those in the audience who are senior citizens and play tennis. He felt that their longevity was due to their ability to play tennis. ~[t is good for their health. Last year the fees were increased. Mr. Bonner said that senior citizens are on a fixed income. They do not use the lights because they play in the mornings. He asked the Commission to reject this increase. He also requested that the Tennis Center purchase a clock for the players and a defibulator. Vice Mayor Ferguson asked how many members there were and how many were residents and how many were non-residents. He also wanted to know how much of the fees are generated from non-permit holders. Wally Majors, Recreation 8, Parks Director, said that there are 298 permit holders of which 198 are non-residents. There was a little over $130,000 generated from permit holders and a little under $23,000 in daily fees from non-permit holders. Vice Mayor Ferguson commented that the fees at Patch Reef Park in Boca Raton are open to all residents of Palm Beach County. Their fees are $159 for single members and $212 for family membership. He asked whether there was an estimate of how many memberships we would lose with the fee increases. Mr. Majors said that they projected losing between 10 and 20 percent. He also mentioned that Patch Reef Park is primarily a hard court surface as compared with Boynton Beach that has Har- Tru, which requires quite a bit more maintenance. Mr. Majors pointed out that there are also 14 courts in Boynton Beach that are available for free any time. Twelve of them are lighted. Motion Vice Mayor Ferguson moved that the rates be changed to $240 for resident/single, $360 for resident/family, $480 for non-resident/single and $720 for non-resident/family. He also moved to eliminate the light fee. The motion died for lack of a second. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida Auqust19,20O3 Wilfred Hawkins, Assistant City Manager, explained that at the budget workshops, one of the things discussed was that staff was attempting to make this facility self-sustaining and reduce taxpayer dollars. This is called an Enterprise Fund. Those people that use the programs would support those programs. This is the first year for the transition. He said that they recognize that some improvements are needed. These fees were generated by the plan to upgrade the facility as well as to help the facility become self-sustaining. Alfred Bown, 1603 SW 17th Court~ said that there was a 30% increase in fees last year. He said that non-residents make up 66% of the memberships and 79% of the income. Mr. Bown distributed a petition, a copy of which is on file in the Office of the City Clerk. He said that he spoke to the tennis professionals in Delray Beach. They actually have 7 pres and 10 court caretakers. Wellington actually has 5 pres and 5 court caretakers. He felt that Boynton Beach does not have enough staff to maintain their 17 courts and the courts need repair. He requested that if the Commission increases the rates, the players at least be given better courts. He felt that two of the courts are great but they are for the professionals to use. The other 15 are in bad condition. Commissioner Weiland asked whether there was money in the budget now to make these repairs if the increase in fees were approved tonight. Mr. Majors explained that as part of the Capital Tmprovement Program next fiscal year, there is $200,000 to replace the fencing around the court, $105,000 to replace the lighting and $30,000 to improve the landscaping. Commissioner Weiland asked about the condition of the courts themselves. Mr. Majors said that he must rely on the Tennis Pro, Bob Howell, who has been with the City for 24 years. According to him, the courts are up to the standards of other publicly funded facilities. Commissioner Weiland asked how much nighttime play there was. Mr. Majors said that the peak times were between 8:00 a.m. and noon and between 5:00 to 9:00 p.m. The downtime is in the afternoon. The courts are used quite a bit during the evening. Commissioner McCray said that he must listen to what the citizens are saying. City Manager Bressner suggested that we get a second opinion regarding the condition of the playing surface. He said that some of the money allocated for capital projects could be reallocated and they might have to do some inter-fund borrowing on a temporary basis. However, this revenue stream is needed. Assistant City Manager Hawkins said that there was an increase in fees last year. However, the Tennis Center was never run as a self-sustaining facility. They are now playing catch-up. They want to bring it up to a higher standard and they need this revenue to do that. 9 Meeting Minutes Regular City Commission Meeting Bovnton Bei~ch, FIQridi~ Auoust 19, 2003 Mr. Majors pointed out that these funds cover the costs in the Recreation Division. This does not include the costs for grounds or building maintenance. Another $30,000 a year is spent for grounds maintenance staff. Commissioner McCray agreed that we need a second opinion and he requested that it be someone from outside the City that would not be biased. Mayor Broening stated that this is purely a discretionary item. The responsibility of the City is to provide services for its citizens and those services are primarily related to public safety, water and utilities. He applauded the staff for moving this into the same category as our excellent Golf Course. This City does not have the revenue that Delray Beach, Boca Raton and Wellington have. He said that we struggle to come up with the cash for items we must have. Tennis must be self-supporting. He said he would agree to table the item tonight. However, he felt that we need the revenue stream and that the money must come from the people who use the facility. City Manager Bressner urged the Commission to conclude their discussion with supporting the staff's recommendation for the rate adjustment. He will come back with some information from someone external to the organization regarding an analysis of the court's surface and what needs to be done, based on various levels of play. City Manager Bressner also requested that the Commission give some thought as to whether they would consider seeking corporate sponsors for the facility. Commissioner Weiland wanted a report on the playing surface. He would like to have any needed repairs done at the same time as the rate increases. Mayor Broening did not want to see any specific numbers tonight but wanted to conceptually move toward it being self-sustaining. Assistant City Manager Hawkins said that they would have a tennis court construction company give an estimate on what it would take to upgrade the courts and to what extent they needed to be upgraded. He said that the courts could be better and staff's intent is to raise the caliber of the facility. However, that takes money. Commissioner McCray wanted to have someone who plays tennis come out to assess the courts. Motign Commissioner McCray moved to table this item until a thorough report is received as requested and that it be brought back before citizens are asked to pay any type of increase. Vice Mayor Ferguson seconded the motion that carried unanimously. C.6 Proposed Resolution No. R03-144 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved 10 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Flprid~ Apaust 19, 2003 Vice Mayor Ferguson commented that this is a motion to put liens on property, specifically for mowing properties. Bob Brown did not want to give more authority to Code Enforcement. He was leery of extending power on nuisance abatement, especially on vacant properties. City Attorney Cherof explained that this was not for the collection of Code Compliance Board liens. These liens were derived from City activity in cleaning lots owned by private property owners. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. seconded by Commissioner Weiland and carried unanimously. R03-144. Motion was D.l. The Paving Lady (NWSP 03-008), 1000 W. ]:ndustrial Avenue - Request for site plan approval for construction of a 12,480-square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 ]:ndustrial zoning district (7'ab/edon 7/.15/03.) Motion Vice Mayor Ferguson made a motion to remove item D.1 from the table. by Commissioner McCray and carried unanimously. Motion was seconded Motion Vice Mayor Ferguson moved to approve item D.1. that carried unanimously. Commissioner McCray seconded the motion D.2. First Baptist Church (SPTE 03-002), 301 North Seacrest Boulevard - Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004 Motion Commissioner McCray moved to approve item D.2. motion that carried unanimously. Commissioner Weiland seconded the VI. CODE COMPLIANCE & LEGAL SETrLEMENTS: None VII. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMrrED TO 3-MINUTE PRESENTATIONS Herb Suss gave District TTT Commissioner an "A." Mr. Suss said that he was proud of all the sports teams in Boynton Beach. He again appealed to the Commission to pass an ordinance to allow citizens to serve on two advisory boards. 11 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Apqpst 19, 2003 Bob Brown said that while he appreciates the City's concern regarding safety, he felt it was a major irritant and inconvenience to turn in his driver's license every time he visited City Hall. He requested a compromise and suggested that long-time residents of 20 or 30 years who come to City Hall frequently be given a pass to come and go freely. He commented that no one in the audience tonight had to drop off their driver's license to enter the Chambers. Lillian Ostiguy spoke regarding an item under Future Agenda Items. She explained that City Manager Bressner, Recreation & Parks Director Wally Majors and the Boynton Woman's Club committee worked a long time on a lease of the Woman's Club to the City of Boynton Beach. The lease was satisfactory to everyone and the Woman's Club voted to accept this lease. They believe the lease is beneficial to the City, the community and the Woman's Club, both financially and culturally. The City would be more apt to receive grants for building repairs and renovations. The Woman's Club is the only Mizner designed building that is privately owned and available for public use. Terrence Rothman, Homeless, spoke regarding homeless women, men and children in Boynton Beach who live under a particular disadvantage. There is nowhere they can go when they are in danger. This has been going on for a number of years. It is hard to imagine being homeless with the opulence all around. He explained that the Police Department in Miami-Dade integrated men of clear loyalty and discipline into the department. He suggested that the two cities could profit from an exchange of experiences. He distributed a report to the Commission (copy on file in the City Clerk's Office). VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) (POSTPONEMENT REQUESTED BY APPLICANT) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of ingress/egress and utility easement an existing Mike Rumpf, Planning & Zoning Director, reported that this item needs to go to the Planning & Development Board before it is presented to the Commission. It should remain postponed. Project: Agent: Description: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments City Initiated Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use-Core (MX-C) land use categories (1~ reading of Proposed Ordinance No. 03-03g) Dick Hudson, Senior Planner, explained that in June 2003 the City adopted a round of Comprehensive Plan amendments that were sent to the Department of Community Affairs. 12 Meeting Minutes Regular City Commission Meeting BQynt~)n Beach, FIQrifla Au0u~ 19,2003 There were two items that they wanted the City to add. The one item was the types of land use that are allowed in the two mixed-use land districts. They also asked for a percentage of distribution among the uses. Mr. Hudson said that staff added a range of allowable percentages of land uses within the areas. This is not on a project basis but will be looked at on an area-wide basis. Staff sent the percentages to the DCA and they verbally approved them. Now, the Commission needs to adopt this for transmittal to the State. DCA will then put their approval on it and it will come back for final adoption. Motipn Commissioner McCray moved to approve this item. that carried unanimously. Vice Mayor Ferguson seconded the motion City Attorney Cherof read Proposed Ordinance No. 03-039 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-039. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion passed unanimously. ZX. CI'TY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on ..;/20/03) This item remained on the table. City Manager Performance Review 2002-03 (Proposed Resolution No. R03- 150) (moved to Lega/, XI£C.i) X. FUTURE AGENDA 1TEMS: A. 1st Public Hearing regarding Budget (September 4, 2003) B. Public Hearing regarding Fire Assessment (September 11, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 16, 2003) D. Follow-up Meeting with CRA on Development Tssues (September 2003) E. 2nd Public Hearing regarding Budget (September 16, 2003) F. First reading of Proposed Ordinance regarding docks (September 16, 2003) Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) 13 Meeting Minutes Regular City Commission Meeting B~vnton Beach, Florida A#qust19,2003 Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) I. High School Task Force Report (December 2, 2003) .1. Proposed Lease Agreement with Boynton Woman's Club (TBA) 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-) Commissioner McCray wanted to get item K on a City Commission agenda before the end of the fiscal year. Motion Commissioner McCray made a motion to place item K on the September 2, 2003 agenda. Mayor Broening passed the gavel and seconded the motion. The vote was 2 to 2 with Vice Mayor Ferguson and Commissioner Weiland dissenting and Commissioner McKoy recusing himself. Motion failed. XT. NEW Bus'rNESS: Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on ~15105) Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. City Manager Bressner explained that the City proposed some ideas to the sign owner and he questioned whether the sign owner had responded. Mike Rumpf, Planning & Zoning Director, said that he had not. Mr. Rumpf had one conversation with the business owner. The owner was expecting further clarification from his agent, Beril Kruger. In speaking to Mr. Kruger today, staff learned that Mr. Kruger assumed this would happen when his project comes forward in approximately a month. Motion Commissioner McCray moved to retable the item. McKoy and carried unanimously. Motion was seconded by Commissioner XTT. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Apoust 19, 2003 recreation area of Phase ITI of the apartment complex (Villas at Quantum Lakes Phase III) City Attorney Cherof read Proposed Ordinance No. 03-036 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-036. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members City Attorney Cherof read Proposed Ordinance No. 03-037 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-037. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-038 Re: Amending Chapter 21, Article IIT, Section 6,D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property City Attorney Cherof read Proposed Ordinance No. 03-038 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-038. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances- 1st Reading Proposed Ordinance No. 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article III of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal City Attorney Cherof read Proposed Ordinance No. 03-040 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-040. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida A#qust 19, 2003 Proposed Ordinance No. 03-041 Re: Annexation of a ±9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-041 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-041. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-042 Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-042 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-042. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-043 Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes City Attorney Cherof read Proposed Ordinance No. 03-043 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-043. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously, Proposed Ordinance No. 03-044 Re: Abandonment of an existing ingress/egress easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-044 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-044. Commissioner McKoy seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-045 Re: Abandonment of a Florida Power and Light easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-045 by title only. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida A#q~st 19, 2003 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-045. Commissioner Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Proposed Ordinance No. 03-046 Re: Abandonment of a portion of a utility (water) easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-046 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. McCray seconded the motion. City Clerk Prainito called the roll unanimously. 03-046. Commissioner and the motion carried 8. Proposed Ordinance No, 03-047 Re: Personnel Policy Manual Revisions to the City Attorney Cherof read Proposed Ordinance No. 03-047 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-047. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: City Manager Performance Review 2002-03 (Proposed Resolution No. RO3- :L50) (moved from C/~ Manager'~ Report) City Attorney Cherof read Proposed Resolution No. R03-150 by title only. Herb Suss felt that the City has a good Commission. He thought that the City Manager has done an excellent job and he is accessible to the citizenry. The City has become very stable and he would like the Commission to retain him. City Manager Bressner reported that it had been a very good year for the City. There were very difficult decisions made and he commended the City Commission. They are diverse in opinions but united towards Boynton Beach. As City Manager, he is responsible for the City staff and he is very proud of the staff and the things that they accomplished. One such accomplishment was obtaining the consumptive use permit from the South Florida Water Management District. This represented the application of the principle of stewardship. 17 Meeting Minutes Regular City Commission Meeting Bovnton Et---ch, Florida A~q#~ ~9,2003 City Manager Bressner explained that in the Commission's package was a list of objectives for the next reporting period. He said that each Commissioner reviewed his draft of objectives and provided input and suggestions. The objectives are divided into seven areas, which are: 1. Strategic Planning 2. Financial Planning 3. Community Development 4. Public Safety 5. Infrastructure Planning & Tmplementation 6. Staff Development 7. Service Delivery There are also other specialized projects. Tn all, there are 50 objectives. A copy of these objectives is on file in the Office of the City Clerk. City Manager Bressner highlighted some of the objectives. Strateqic Planning Work with the City Commission to develop and define the most important strategic issues and direction that staff can be working on during this term. He said that it was time to do this and he suggested it be done at an Advance, not a Retreat. He used the word Advance because it signifies progress. · Ask our customers how we are doing and what would they like. He cautioned the Commission that when you ask someone's opinion, be ready to do something about it. · Continue the benchmarking program. This gives us the opportunity to evaluate programs and services. · City staff values process. The four core values that the staff developed are diversity, integrity, stewardship and creativity. Financial Planninq · Financial planning is very important and he was pleased to announce that we were on the fourth edition of the 5-Year Financial Plan and the Capital :Improvement Plan. Community Development · The Heart of Boynton remains a prime directive. The CRA is coming into its own for redevelopment purposes. Public Safety · There is mediation tomorrow for the acquisition of the southeast fire station site. · The Fire Department is working on accreditation. 18 Meeting Minutes Regular City Commission Meeting Bovnton E~;ch, Florida A~q#st 19, 2003 · The Police Department is starting to work on re-accreditation. Infrastructure Planninq and Implementation · The Commission asked the voters to approve a wide variety of improvements for the community. We need to work together to see that the referendum passes. Staff Development · There are a number of minorities and women in our organization that need to be given an opportunity for training and development to see that they succeed. He said they are talking about early retirement as a way to provide promotional opportunities and to save some money. However, we need to take steps to ensure that what the individuals have in their memories is downloaded. · Personally, he needs to continue his training on becoming an accredited City Manager. Service Delivery · Public/private partnerships would be cost-saving measures. · Improve the appearance of corridors. This area needs to be worked on. In conclusion, City Manager Bressner said he has enjoyed working with the Commission and would like to continue working with them next year. Commissioner McCray thanked City Manager Bressner for the interlocal government conferences that he has taken the Commission to. He said that the City Manager allows the Commission to do their job and he thanked him for that. Commissioner McCray said that he was receiving many complaints from citizens approximately five months ago regarding the Police Department. He personally thanked the City Manager for providing the complaint forms in the City Manager's Office. Now, the citizens know the mechanism by which to file these complaints. He also thanked the City Manager for meeting with him each week. Commissioner McCray felt that City Manager Bressner was an excellent City Manager and he wants him to remain the City Manager. He had one request of him and that was to continue doing his job and to allow the Commission to continue to do theirs. Commissioner McKoy said that it had been a pleasure working with City Manager Bressner. He said that the City Manager gave him the opportunity to learn and to carry out the will of the citizens. He admired the leadership role that City Manager Bressner takes, not only for the City but for the entire region. He looked forward to working with him next year. Mayor Broening said that City Manager Bressner has been able to take five very different people with different views and meld them into a unified statement of work. He appreciated that. He 19 Meeting Minutes Regular City Commission Meeting Bovnton =A.~k Florida Auaust 19, 2003 felt that the project list was magnificent and if he is able to accomplish one-half of the objectives, it would be great. Mayor Broening appreciated his ability to work with everyone and to bring this Commission together. Motion Commissioner McCray moved to approve Proposed Resolution seconded by Commissioner McKoy and carried unanimously. No. R03-150. Motion was D. Other: None Xlll. UNFZNZSHED BUSZNESS: None XZV. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 8:33 p.m. ¥1-rEST: lerk Deputy City Clerk (8/22/03) · comi~issioner 2O BOYNTON BF_~CH CITY C¢)MMISSION M]~ETING F~B~i~ ~~'"~ CARD AGENDA ITEMS Fill in the info~-~ation called for below and ~ive to the City Clerk prior to the start of the Cit~ Telephone # Summary of Matter to be Commission Meeting. topic} per car~_~ If a person decides ~o appeal any decision made by tho City Commisalon w;;Jx r~i[~ct tO L~y ~:-;-'~-~ .-_~.--_:~d~._%,~ at ~- mect~n!~ he/she will need a record or tho proceedin~s and, for such purpose, b/she may need to ensure ~hat a verbatim record of the procoedinls is made, which resord includes the tooff~nony and evidence upon which the appeal is to be based. (F.8. 286.0105) The City shall famish appropr~to auxilhry aids and services where necessary to afford an individual with a disability an equal opport~mity to participate in and enjoy the benefits of a service, prop~n, or activity conducted by ~he City. Please contact Joyce CoateLlo, (561) 742-6013 at isas~ t~renty-four hours prior ~o the pro~n or activity in order for ~he city to reasonably acco,~-nedaCe your reqne.~ See reverse side for important message BOYNTON BEACH CITY COMMISSION MEL'"FING FUBLIC COMMENT CARD AGENDA ITEMS Fill in the information _~l~ed for below and ~lve to the City Cl~pfior to the start/OY ~l~e Cfty person decidse to appoal any decision made by the City Con~uLtseion with rsepect to any mat~er considered at thio meeting, he/she need a record of the procoedinfs and, for such purpose, he/she my need to ensure that a verbatim record of the proceedings is nade, wklch record includes the tes~hnony and evidence upon which the appeal is ~o be based. (F.8. 286.010S) City the!! f~ apl~opristo aux~is~ al~ and se~tcu where necemm~ to afford an indivi~u-! with a ~_~-~.q'~_~-~ ? ..... ' BOYNTON BEACH CITY COMWr~SSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Commission Meeting. Name Address / Telephone to the start of the City Agenda Summary of Matter to }e Addressed- topic per card} If a person decides to appeal any by the City Conunisston with respect to any matter considered at this meeting, he/she will need a record of the procoedinis and, for such purpose, b/she my need to ensure that a verbatim record of the procoediols is made, wlLtch record includes the teetimony and evidence upon which the appeal is to be based. (F.8. 386.010S) The City ~ ~ apl~oprlato aumlhry aids and services where necessary to afford an individual with a disability an equm opportunity to pafltcipats in and en~y the benefits of a service, program, or activity conducted by the City. Please contact Joyce CoateUo, (561) 742-6013 at but twenty-four lmm ~ to tim l~OEXm or activity in order for the city to reasonably accommodate yo., reqnest. See reverse side for important message BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info,,~/ation called for below and give to the City Cle~ prior to the s~rt of the City Summary of Matter to ~be A dressed- ne topic per card) a~e topic'. If a pereon decides to appeal any decision made by the City Couunission with respect Co any mttor considered at this mee~, he/she will need a record of the proceedings and, for much purpose, he/she my need to ensure that a verbatim record of the proceedings ~s made, which record includes the testimony and evidence upon which the appeal is to be bad. (F.8. 286.010S) The City simll famish appropristo amcLlisl~ 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 Citv. Please contact Joyce 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. Address Telephone # Summary of Matter to be\Addressed -~ne topic per card~ If a person decides to appeal any decisioh-l~ade by the City Commission 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. IF.8. 256.0105] 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 Name \~~/ Address Telephone # Summa. ry of Matter to be ~ddresse~d/(One topic per 0ardl If * perso~ decides to .p~ny dec.ion mad~ by the City comm~n ~S~ny m~er co.idered at ~ , he/she mad--whehr~ rd~ ~----~--~.. ~--~--~-_~ ___ ____wffi need a record of the proceed~gsand, forsuch p~pose, he/she may need to ~e ~at a~rbattmrecord~~d~.~ ~F.S. 2S6.0105~ O 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 p~r to the start of the City Commission Meeting. Name Address Telephone # Summary of Matte~ to be Ad~essed- (One~~opic per card) If a person decides to appeal any decision made by the City Commission 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, 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. Telephone ~ ~0 ~ ~ Summa~ of Matter to be Ad~essed - (O~pic per card) If a per~n decides t~ap~ any dec~t~e by the Ci~ Commi~lon ~ res~ct to any matter co~tdered at ~ meetS, he/she wffi need a record of ~e proceeders and, for such p~ee, he/she may need to ensue ~at a verbat~ record of made, which record ~cludes ~e test~ony and e~dence u~n which the appeal ~ to be b~ed. (F.8. 286.0105) The Ci~ sh~ ~h approp~te a~ aids and se~ces where necem~ to afford an ~di~d~ wi~ a d~ab~i~ an equ~ opportunity to pa~ici~ate in and enlov the be~eR*, O BOYNTON BFACH CITY COMMISSION M~ PUBLIC COMMENT CARD AGENDA ITEMS Fill in the info'-~ation called for below and Ldve to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to Addressed Agenda card) If a person decides to appeal any . made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of tho procceamp &ual, fbr such purpose, he/she my need to ensure that a verbatim record of the proceedings is made, which record includes tho testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall famish approprinto auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in ~nd endtoY the heneflts of a service, p~jram, or activity conducted by the City. Please contact Joyce Coetello, (561) 7426013 at least twenty*four hours prior to tho proj~un or activity in order for the city to reasonably acco,~moda~e your request. See reverse side for important message BOYNTON BF, ACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the i~formatton called for below and ~ive to the City Clerk prior to the start of the City Commission MeeHng. Name Address Telephone # Agenda # Summary of Matter to be Addressed If a person decide~ to aj~ml any decision ! will need a record of tl~proceedin~ such purpose, he/she made, which record includes the r and evidence upon which topic per card} respect to any matter considered at this meeting, he/she need to ensure that a verbatim record of the woceedinEs is is to be based. (F.S. 286.010S) August 15, 2003 Whereas: the conditions of the Boynton Tennis Center courts are far below par, judged against Delmy and Wellington courts (see comparison chart on the July 29, 2003, letter by Recreation and Parks Dept.), and the pro shops of Wellington and Delray are far superior to the Boynton facility, and the Boynton staffof 1.5 full-time pros and 1.5 court caretakers is far below Delray's 4.5 pros and 6 court caretakers, and Wellington's 3 pros and 5 court caretakers, and quite a few visiting clubs our Boynton players (men and women) tournament against will not play at our Boynton facility because of risk of injury from dry, silky courts (check them at 11:00 a.m. and 1:00 p.m.) and dangerous tape-line protrusions, and Where as many non-residem permit holders ($490 each) are leaving for adjacent clubs, which will further impoverish Boynton's budget, and Whereas: golf participation is declining, and tennis permits are increasing, and Whereas: Delmy and Wellington tout their facilities, Boynton could greatly improve the tennis park as one of the jewels of the city, and Whereas: the proposed increase of 45%, 43% and 36% for permit fees do not propose a 30% to 45% increase in care and maintenance, so therefore We, the undersigned, seek relief from this vast increase and/or a major improvement in the care and running of this facility. Sincerely, With Faith in Good Government Name Resident Non- Resident /£ 3o Name Resident Non- ,o //,/~ / Residen~ ~ /.~ / ).10 /0 Name Resident Non- Resident -..~ - /vo Name Resident Non- Resident /0 ~0 Name Resident Non- Resident August 15, 2003 Whereas: the conditions of the Boynton Tennis Center courts are far below par, judged against Delray and Wellington courts (see comparison chart on the July 29, 2003, letter by Recreation and Parks Dept.), and the pro shops of Wellington and Delray are far superior to the Boynton facility, and Whereas: the Boynton staff of 1.5 full-time pros and 1.5 court caretakers is far below Delmy's 4.5 pros and 6 court caretakers, and Wellington's 3 pros and 5 court caretakers, and Whereas: quite a few visiting clubs our Boynton players (men and women) tournament against will not play at our Boynton facility because of risk of injury from dry, silky courts (check them at 11:00 a.m. and 1:00 p.m.) and dangerous tape-line protrusions, and Where as: many non-resident permit holders ($490 each) are leaving for adjacent clubs, which will further impoverish Boynton's budget, and Whereas: golf participation is declining, and tennis permits are increasing, and Delray and Wellington tout their facilities, Boynton could greatly improve the tennis park as one of the jewels of the city, and Whereas: the proposed increase of 45%, 43% and 36% for permit fees do not propose a 30% to 45% increase in care and maintenance, so therefore We, the undersigned, seek relief from this vast increase and/or a major improvement in the care and running of this facility. Sincerely, With Faith in Good Government Name Resident Non- City Manager Objectives for 2005-04 The following are projects that were identified by the City Manager or the City Commission for work by the City Manager and Staff during the coming year. This list includes amendments following City Commission meeting of August 5, 2003, input from City Commission and discussion of list with City Management Leadership Team on August 8, 2003. Strategic Planning 1. Work with the City Commission to develop and define the most important strategic issues and direction that staff can be working on during this term. (Source: City Commission, City Manager) 2. Implement Citizen Survey or appropriate alternative instrument to assess citizen needs, opinions and satisfaction with City. (Source: City Commission, City Manager) 3. Conclude Benchmarking Project for Budget and streamlining City operations to reduce costs and improve efficiencies. This relates to the Program Evaluation Project. (Source: City Commission, City Manager) 4. Continue with City staff vision, mission, and values process. Determine interest in City Commission level process. (Source: City Manager) Financial Planning 5. Continue with implementation of five-year financial plan and capital improvement plan for City. Proceed with bonding of capital improvements, as directed by the City Commission. (Source: City Commission, City Manager) 6. Develop Long-Range Funding/Revenue Profile for City to reduce dependence on Property Tax. (Source: City Commission, City Manager) 7. Prepare Financial Plan with eventual goal of an operating tax rate of 7.0%. Current rate is 7.6%. Continue with productivity improvement project with a goal of reducing overall city staffing levels to range of 850-800. (Source: City Commission) 8. Continue with implementation of 5-Year Financial Plan and develop long-range funding and revenue profile. (Prefer a 10-15 year projection). (Source: City Commission, City Manager) 9. Review the sanitation rate structure and evaluate expansion of the automated residential refuse collection into single-family neighborhoods where this service is not provided. (Source: City Manager) City Manager Objectives 2003-04 Page 1 Community Development 10. Proceed with implementation of"Heart of Boynton" including commercial, residential, recreational and cultural components. (Source: City Commission, City Manager) 11. Refine our economic development program in cooperation with Palm Beach County Business Development Board, CRA and other business alliances. (Source: City Manager) 12. Upgrade City Park Master Plan based on results of 2002 Recreation Needs Study. This is a carry-over from 2002. The staff presented an update at the City Commission meeting of August 5, 2003. (Source: City Commission, City Manager) - Revised 8/8/03 13. Complete development process analysis with recommendation to City Commission for code changes. This work includes, zoning, building and planning code changes. The first draf~ of the new Land Development Regulations has been completed. Also complete review of Mixed Use Regulations for possible revisions and modifications. (Source: City Commission, City Manager) Public Safety 14. Complete three new fire stations in the SE, NE and SW Quadrants of the City. It is anticipated that the Fire Station at City Hall will need to be "mothballed" for future activation when the redevelopment of the central area of Boynton Beach is underway. An advanced life support (ALS) engine company or a medic unit would be stationed at the old fire station to provide faster response time to the core area of the City. This project has been delayed by land purchase negotiations and litigation. (Source: City Commission, City Manager) 15. Improve public safety response time by initiating and completing citywide address and property identification program. The program has been developed and is being coordinated by GIS, Fire and Code Compliance. The program will be completed in 2003-04. (Source: City Manager) ! 6. Fire Department Accreditation (On-going process that will eventually require input and assistance from other departments). Note - funding for this program was cut from 2003-04 Budget. Staffwill work on but at a slower pace with in-house resources. (Source: City Manager) - Revised 8/8/03 17. Work with the Police Department for continued and improved community outreach on behalf of and for the minority community of Boynton Beach. (Source: City Commission, City Manager) - added 8/6/03 18. Complete Police Department Re-Accreditation in July 2004. (Source: City Manager) - added 8/6/03 City Manager Objectives 2003-04 Page 2 Infrastructure Planning and Implementation 19. Develop five-year street maintenance and sidewalk construction program. Sidewalk program should be tied to school walk routes and proximity to high pedestrian activity. (Source: City Manager) 20. Commence design work for new Library based on City Commission authorization to proceed and receipt of state $500,000 planning grant. The Commission approved the project in April 2003. Matter is on ballot for referendum for November 2003. (Source: City Commission, City Manager) 21. Commence design work for SW Community Center as authorized by City Commission. (Source: City Manager) 22. Assuming favorable approval by referendum in November 2003, commence design for Senior Citizen Center Upgrade. (Source: City Manager) 23. Assuming favorable approval by referendum in November 2003, commence design for Art Center Upgrade. (Source: City Manager) 24. Assuming favorable approval by referendum in November 2003, commence design for Municipal Pool at Wilson Park. (Source: City Manager) 25. Complete the construction of Wilson Center and Wilson Park improvements. (Source: City Manager) 26. Complete the purchase of Jaycee Park property from Florida Inland Navigation District. (Source: City Manager) 27. Complete the development of the Nautica Park project in cooperation with the Nautica Homeowner's Association and Palm Beach County. (Source: City Manager) 28. Complete operational space needs analysis and presentation of options for City Commission review. (Source: City Manager) 29. Finalize Phase I of Bikeway and Greenway Plan. (Source: City Commission and City Manager) 30. Outline drainage improvement projects for City with priorities established and identification of needed storm water detention sites. (Source: City Commission) 31. Complete Utility planning work for service to unincorporated areas in anticipation of possible annexation, if warranted. This is being handled on a case-by-case basis and a systematic approach is needed. A priority area is South Federal Highway. However, re- City Manager Objectives 2003-04 Page 3 development issues along Federal Highway diverted the staff from this project temporarily. (Source: City Manager) - revised 8/6/03 Staff Development 32. Increase recruitment and promotional opportunities for minorities and women in the City organization. Efforts continue, especially in the Police Department. (Source: City Manager) - revised 8/8/03. 33. Improve the effectiveness of front-line supervisors. (Source: City Manager) 34. Position Boynton Beach as an organization with competitive salaries and benefits. (Source: City Manager) - Revised 8/6/03 35. Complete "leaving a legacy" staff planning project to identify and train the next generation of supervisors. There will be a number of department and divisional retirements in the next three to five years. A staff team has been established and has been analyzing department impacts; training needs and anticipated departures of staff. (Source: City Manager) 36. Personal career development and training per ICMA guidelines for City Managers. (Source: City Manager) Service Delivery 37. Enhance relationships with key community organizations for possible joint ventures through public-private partnerships. (Source: City Manager) 38. Reduce size of City fleet to save costs. The inventory of fleet use has been completed. (Source: City Manager) 39. Incorporate Utility computer network into City computer network to save cost and improve efficiencies. The first stage of the project has been completed with shared servers installed. (Source: City Manager) 40. Continue to emphasize code compliance with parties who cooperate with the City and demonstrate progress in addressing property condition issues. (Source: City Commission) 41. Improve appearance of City corridors and exits/entries from 1-95.. (Source: City Commission) 42. Better utilization of City radio station to include informational items about City events, possible broadcast of meetings etc. (Source: City Commission) 43. Re-evaluate Neighborhood Services program to reflect a different approach and involvement by members of the City Commission. (Source: City Commission, City Manager) City Manager Objectives 2003-04 Page 4 44. Review and modify City purchasing and contracting procedures to include policy recommendation for a more formalized local business preference and minority/WBE selection.. (Source: City Commission) 45. Continue to market the use of the Senior Citizen Center for all seniors. Past utilization by minorities has lagged. (Source: City Commission) 46. Proceed with Parks and Recreation Accreditation Program under auspices of program administered by the Commission for Accreditation of Park and Recreation Agencies. (Source: City Manager) - added 8/8/03. Other 47. Complete an ethics ordinance, procedure or guiding principals resolution for elected and appointed officials. (Source: City Commission) -Revised 8/6/03 48. Proceed with operation of Woman's Club, if policy direction of City Commission is granted. The draf~ lease agreement has been completed and will be presented to the City Commission in June 2003. (Source: City Commission, City Manager) 49. Improve Press/Media coverage of City with proactive and balanced views. Communicate the role and accomplishments of the Commission and staff. (Source: City Manager) 50. Prepare outline for possible application for "All American City" award by the National Civic League. (Source: City Commission) KB: 4/27/03, 07/30/03, 08/07/03, 8/8/03 City Manager Objectives 2003-04 Page 5 City Commission Boynton Beach Florida City Managers Office My Report of 28 July 03 as a homeless person. 8 August 03 On the same day the above mentioned report was given to a member of your office a paint ball gun was fired at me as I was sitting in front of a convenience store on Boynton Beach Boulevard see case Nr. 03-041443. The report contains some inconsistencies which may have led to the false conclusions. The paint ball material was removed from the window by the attendant of the 7/11 store while I was still there at about 18:15. If officer Reinhold had wanted to secure the evidence materi/al when he arrived at 2020 hours, all he had to do was to ask the attendant who removed the material with a the paper towel she had used to clean it from the surface of the window. In addition to this I reported to both officers that there were witnesses sitting in a car with the license plate number UCW 1S who had observed a paint ball gun being fired from the passenger window of a SUV driving east on Boynton Beach Boulevard that hit the store window I was sitting next to. It should be mentioned that I was put under arrest and taken to South County before officer Reinhold had spoken to the attendant at the convenience store. I was not given an opportunity to speak with her. I request that the owner of the vehicle number Florida UCW 1S be questioned about the incident. I also request that the secretaries of St. Marks Catholic Church in Boynton be asked about the driver of the car that followed me onto church grounds and spoke with them on Monday the 28~ of July. It is requested that the city initiate this measure since the police seem to have little interest in doing so. Sincerely yours, Terrence Rothman DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · The Paving Lady APPLICANT'S AGENT: Thomas Potter APPLICANT'S ADDRESS: 1820 Tom-A-Toe Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2003 TYPE OF RELIEF SOUGHT: Site Plan Approval for a 4,175 square foot office/warehouse in an M-1 zoning district. LOCATION OF PROPERTY: 1000 W. Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 2~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Ap~li.cant's application for relief is hereby ~( GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Pa~ Clerk Location Map PAVING LADY NWSP 03-008 EXHIBIT "A" PU N EXHIBIT "B" LAUREL HILLS -- THIRD ADDITION (PLA7 BOOK 23. PACE 126) RESIDENTIAL 116 !14 1i3 11~ WEST iii % ZONE 105.00' SEABOARD COASTL[NL RJW ( AS PER R/W & TRACK MAP ) li?i !,,I, -ill 11!¢ -ii ":" I!! 'ii ~"ttlt 1 I~ · ~ '~. ?iil' PAVING LADY 80YNTON BEACH, FLORIDA J~mes Bushouse, P.E. CONSULTING ENGINEER~ EXHIBIT "B" ! -, PAVING LADY 90YNTON BEACH, FLORIDA EXHIBIT "B" I UNLESS SEALED ~lJ J[ ~ [ VV I- ::::) I IN I.)U~ I I~IAL '~P~ALT PAVEMENT ]NCRETE PARKING ' ". ' ' l;ltiJl II1 II ~'~ ~i" iii RENOVAT]ONS FOR: PAVING LADY BOYNTON BEACH, FLORIDA ,[ EXHIBIT "C" Conditions of Approval Project name: The Paving Lady File number: NWSP 03-008 Reference: 2na review plans identified as a New Site Plan with a June 17, 2003 Planning & Zoning Department date stam king DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTH,ITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Provide written and graphic scales on all sheets. X 4. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 5. Show proposed site lighting on the landscape plans (LDR, Chapter 4, X Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1 .a and Florida Building Code). Provide a note that the fixtures shall be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT operated by photoelectrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A. 1.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). If possible please provide photometrics as part of your TRC plan submittals. 6. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H). 7. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 8. A complete review of details as shown on C-2, C-3 and C-5 will not be X reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 9. Indicate within the site data the occupancy type of each building as defined X in Chapter 3 of the 2001 Florida Building Code. 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. A water-use permit for the irrigation system is required from the South X Florida Water Management District. A copy of the permit shall be submitted at the time of permit application. Florida Statute 373.216. 13. Clearly show the door on the toilet room marked "ADA". The swing of the X door on both accessible toilet rooms shall comply with the 2001 Florida Buildin~ Code, Section 11-4.22.2. PARKS AND RECREATION Comments: None X DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: 14. All trees on the Plant List must be listed in the specifications as a minimum X of 12 feet-14feet height, 3-inch caliper at DBH (4.5 feet off the ground), and Florida # 1 (Florida Grades and Standards manual) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 15. Trees listed in the Palm Beach County "invasive plant species" and" X invasive non-native plant" listing should not be included in the landscape design. [Environmental Regulations, Chapter 7.5, Article I Sec. 19A.5.] 16. The applicant should indicate a minimum of 50% native species calculation X on all landscape materials throughout the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 3.N.] 17. The West Industrial Avenue road right-of-way must receive sod and X irrigation coverage. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Comments: 18. An environmental review permit is required. Apply for an environmental X review permit. 19. The landscape plan should show the location of all outdoor freestanding X lighting structures. 20. The freestanding monument sign is proposed to be located within the 50- X foot drainage easement. Provide an express written consent of all legal entities occupying said easement at time of permitting. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 21. Provide a consistent 6-inch banding around all windows on the proposed X buildings. 22. On the plans correct the notations regarding the future building to X "proposed buildings". 23. The gates on the dumpster enclosure be replaced with wood gates with steel X frames. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 24. To be determined. ~RY/L0~ ~ S :LPlanning\SHARED\WP~PRO JECTS~Paving Lady\COA.doc ~ PROJECT NAME · APPLICANT'S AGENT: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA First Baptist Church of Boynton Beach Carl L. Cascio, P.A. APPLICANT'S ADDRESS: 639 East Ocean Avenue, Suite 207 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2003 TYPE OF RELIEF SOUGHT: Site plan extension for 31,192 square foot expansion to an existing 23,040 square foot church on 3.84 acres LOCATION OF PROPERTY: 301 North Seacrest Boulevard DRAWING (S): None attached THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR 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 te.stimony 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 K HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. and conditions of this order. Other DATED: ~--c~ - O.~ S:\Planning\SHARED\WP/PROJECTS~First Baptist Church of BB\SPTE 03-002\DO,d All further development on the be made in accordance with the terms / ¢' Clerk Location Map First Baptist Church EXHIBIT "A" ._NW 6T-H-A~E 800 0 800 1600 Feet N EXHIBIT "B" Conditions of Approval Project name: First Baptist Church of Boynton Beach File number: SPTE 03-002 Reference: Application received May 16, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. If need be, the applicant shall extend the "build-out" year past 2003 on the traffic impact statement for concurrency purposes. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 2. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: ~ ~ Page 2 First Baptist Church Site Plan Time Extension File No.: SPTE 03-002 II 3. To be determined. DEPARTMENTS INCLUDE REJECT S:\PlanningLSharechWpXProjects\First Baptist Church of BBXSPTE 03-002\COA,doc