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Minutes 11-08-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 8, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Vice Mayor Bruce Black, Commissioner Chadie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, Deputy Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Reverend Randall Gill- First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Pro Tem William Sherman Mayor Broening called the meeting to order at 6:30 p.m. Pastor Randall Gill Of the First Presbyterian Church gave the Invocation and Mayor Pro Tem Sherman led the Pledge of Allegiance to the Flag. 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. Mayor Broening thanked all the citizens who voted during the last election and noted the turnout at the polls was indicative of the interests of the citizens in the changes taking place in the City. Commissioner Fisher also thanked everyone for voting. Commissioner Black thanked Mr. Segal and the City staff for the good job they did in getting the voting information out to the citizens. Vice Mayor Weiland felt that the passing of the new term limits and the single member districts are great steps forward for the City. Mayor Pro Tem Sherman also thanked the people for passing the single districts. This was a groat victory for the City. Mayor Pro Tem Sherman stated that the City Commission Meeting of November 1 (21), 2000 would be his last meeting for personal Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 and professional reasons, which have resulted in his being unable to execute fully his duties as a member of the City Commission. Mayor Pro Tem Sherman felt his constituents deserved more and he thanked everyone for assisting him in the management of the City for the past 20 months. E. Agenda Approval: 1. Additions, Deletions, Corrections There were none. 2. Adoption Commissioner Black moved to approve the agenda. Vice Mayor Weiland seconded the motion that unanimously carried. VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS David Katz, 742 NW 11th Street, Boynton Beach thanked Mayor Broening, Vice Mayor Weiland,i and Mayor Pro Tem Sherman for their courage in bringing forward the single member districts on the ballot. Mr. Katz said that this has now put an end to the power brokers in the City and that the new power brokers of the City are the people. Robert Roche, 3851 N. Ocean Boulevard, Gulfstream stated that he is President of the Gulfstream Shores Condominium Association. For the past six months he has been working with the City to hook-up to the City's sewer line and asked the Mayor and the Commissioners to assist him on this. Mr. Roche stated he wrote to the City on September 13th to determine what needs to be done and has not heard back. Mayor Broening informed Mr. Roche that he would be contacted very shortly from someone in the City. Ms. Shirley Jaskiewicz, 1917 SW 13th Avenue, Boynton Beach said that she attended a Community Forum Meeting and heard at that meeting that some members from the School Boundary Committee indicated that the new Boynton Beach High School would not include participation by all Boynton Beach students. She further pointed out that any student residing north of Miner Road and South of 23rd Avenue would be excluded from the new High School. Ms. Jaskiewicz said it made no sense that the western boundary extends out to Route 441. Ms. Jaskiewicz urged that the Commission register strong opposition to the change in boundaries. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach thanked the Utilities Department for the wonderful job they did at NE 19th Avenue and Seacrest and noted how nice the area looks. Mr. Pereira thanked the Commissioners for their support of the two items on the ballot and he looks forward to the transformation and benefits resulting from these two changes. I~leeting Minutes Regular City Commission Heeting Boynton Beach, Florida November 8, 2000 Mayor Broening closed the Public Audience portion of the meeting. III. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Dato III Sherman Children & Youth Advisory Board Alt 1 yr term to 4/01 I Weiland Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 I Weiland Education Advisory Board Alt I yr term to 4/01 Ill Sherman Nuisance Abatement Board Reg 2 yr term to 4/02 IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/01 II Weiland Planning & Development Board Alt 1 yr term to 4/01 Mayor Broening Recreation & Parks Board Alt 1 yr term to 4/01 Tabled (2) Tabled (2) Tabled (2) Tabled (2) Mayor Pro Tem Sherman appointed Welton Sanders to the Advisory Board on Children and Youth as an Alternate Member. All other appointments were tabled. IV. ANNOUNCEMENTS & PRESENTATIONS: Mayor Broening made the following announcement: A. Announcements: TNT Concert at Oceanfront Park - Friday, November 17, 2000 from 6:00 p.m. to 9:00 p.m. -"None Other" (Modern Pop/Rock) B. Presentations: 1. Proclamations: a. "National Epilepsy Awareness Month"- November, 2000 Mayor Broening read a Proclamation declaring the month of November 2000 as "National Epilepsy Awareness Month" in the City of Boynton Beach. "Veterans Day Memorial Celebration"- November 11, 2000 at 11:00 a.m. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Broening read a Proclamation declaring Saturday, November 11, 2000 as the "Veterans Day Memorial Celebration" in the City of Boynton Beach to take place at Jaycee Park. 2. Presentation by State Representative Addle Green Because State Representative Addle Green had not yet arrived, this item was delayed until later in the meeting 3. Presentation to Citrus Cove Elementary Panther Cheerleaders City Manager Bressner requested that this Presentation be taken out of order because tomorrow is a school day. City Manager Bressner said that while attending one of his homeowner's association meetings, he learned that there are two State cheerleading teams at Citrus Grove Elementary School. Mr. Bressner asked the contingency of cheerleaders to come up to the podium. One of the cheerleaders announced that they participated in the Family Day Picnic and will be marching in the Holiday Parade. Mayor Broening presented a card with a City pin attached to Ms. Cortina Thomas for Coach Sheila Ross and all the cheerleaders. Ms. Thomas also announced that 60 out of the 70 cheerleaders made the honor roll. This year, 30 children will be performing at the Orange Bowl, as well as at the Special Olympics. 4 Orientation PowerPoint Presentation - Communications - Phyllis Dixon Ms. Phyllis Dixon, Interim Communications Manager from the City of Boynton Beach gave a PowerPoint presentation of the operations of the Communications Department. (A copy of the presentation is attached to the original minutes on file in the City Clerk's Office.) Ms. Dixon pointed out that Communications is a division of Administrative Services and there are currently 15 dispatchers with two to be added, together with five shift supervisors. Their Mission Statement is dedicated to providing everyday excellence in emergency dispatching, plus quality communications, equipment and services to the City of Boynton Beach. Their Department has an 800MHz trunked radio system and was the second in the State of Florida to use this system. The Department has also updated to a Computer Aided Dispatch System. Communications dispatches for Fire, Police and EMS services on a 24-hOur, 7-days a week basis. The dispatchers are nationally certified as emergency medical dispatchers and are fully trained to assist the public through any emergency. Presentation by Diana Tedtmann on School Boundaries Ms. Virginia Farace distributed a handout on the School Boundaries. Meeting Minutes Regular CJt~ Commission Meeting Boynton Beach, Florida November 8, 2000 Ms. Diana Tedtmann, 869 NW 8th Avenue, Boynton Beach, Chairperson of the Education Advisory Board said she would be reading the handout to the Commission. However, first she wanted to thank all the people that helped putting the document together: Sarah Williams, Garfield Hamilton, the EAB Committee, Virginia Farace, Wilfred Hawkins and Dan DeCarlo. (A copy of the letter is attached to the original minutes.) Ms. Tedtmann stated that these recommendations would be presented by the Education Advisory Board at a meeting scheduled for Thursday night by the Advisory Boundary Committee at the School District Headquarters at 6:30 p.m. Mr. David Fellows, 638 NE 9th Avenue, Boynton Beach noted that the City of Boynton Beach has been a strong supporter of education. Mr. Fellows pointed out how important it is to the redevelopment of the City to attract new businesses by providing a good environment with quality schools. He commended the Education Advisory Board in trying to address the proposed changes in the school boundaries. Mr. Fellows said that he had done an analysis of student achievement in the schools while he was a member of the Education Advisory Board. The student achievement mirrored a poor community and the City's students reflected this lower academic achievement, which deprives the community of economic resources. Mr. Fellows said if the school boundaries are rezoned, Boynton Beach would wind up with older, dilapidated, and disadvantaged schools in the coastal areas, while new schools would continue to be built in affluent communities in the west. Mr. Fellows requested that the City Commission in an official capacity do everything possible to address this issue. Commissioner Fisher would like the Commission to endorse the recommendations of the Education Advisory Board. Commissioner Black requested that the endorsement take the form of a motion so that the Education Advisory Board could take it to tomorrow' night's meeting, or a statement on the City's letterhead. Commissioner Black said that he planned to attend the meeting also. Mayor Broening suggested that a resolution be adopted. Mr. Hawkins commended all the work and efforts that the Education Advisory Board and Ms. Tedtmann have put into this issue. City Manager Bressner said that a resolution could be prepared in advance of the meeting and requested that a motion be made. Motion Commissioner Black moved that the City Commission support the Education Advisothry Board's findings and that a letter be drafted by tomorrow, Thursday, November 9 . Motion seconded by Commissioner Fisher and unanimously carried. Mayor Broening also thanked Ms. Tedtmann, members of the Education Advisory Board and Ms. Virginia Farace for spearheading these efforts. 5. Presentation by State Representative Addie Green Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8~ 2000 Mayor Broening announced that State Representative and County Commissioner-elect Addie Green had arrived. Mayor Broening presented Representative Green with a welcome Proclamation. State Representative Green thanked the Commission for inviting her. Ms. Green noted that she has served as a State Legislator for eight years and as a member of a Legislative Delegation she had never been invited to City Hall. She said it is important that this City's Delegation become familiar with the City's form of government. If this City's Delegation is not familiar with the Commissioners, when the representatives go to Tallahassee, it makes it difficult to get approval for the City's funding requests. Since Ron Klein was elected as the Chairman of the Delegation, it would be incumbent upon this Commission to invite the Delegation to have a meeting in City Hall Chambers. Ms. Green stated that her District extends from Riviera Beach to Linton Boulevard in Delray Beach and she looked forward to working with the City. V. CONSENTAGENDA: A. Minutes: Joint City Commission/Community Relations Board Meeting of October 11, 2000 Agenda Preview Conference of October 12, 2000 Regular City Commission Meeting of October 17, 2000 Workshop Bids - Recommend Approval -All expenditures are approved in the 2000- 2001 Adopted Budget Approve the use of Metro Services 'Consultants Incorporated for an independent fire hydrant audit based on the same pricing schedule as offered to the City of Austin, Texas (Contract #S990219) with estimated expenditures of $66,000 (TABLED ON OCTOBER 17, 2000) Removed for discussion at the request of Vice Mayor Weiland. Award the bid for "CONSTRUCTION & INSTALLATION OF FLUORIDE SYSTEMS AT THE EAST & WEST WATER TREATMENT PLANTS" BID #099-2821-00/CJD to Marine Engineering Contractors, Inc. of Lake Worth Florida for an expenditure of $279,500 (PROPOSED RESOLUTION NO. RO0- 151) Extend BID #040-192-98/CJD for "TWO YEAR CONTRACT FOR ANNUAL INSPECTION AND TESTING OF FIRE ALARM AND DETECTION EQUIPMENT AND SYSTEMS" for one additional Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 year, to Florida State Fire and Security, Inc., with an estimated annual expenditure of $11,760 per year Approve the piggyback of Palm Beach County Bid #99-052 to Villa & Sons Landscaping Corporation for neighborhood landscaping projects in the amount of $27,968.20 Piggyback off Contract for Services between City of Riviera Beach and Gallagher Bassett Services, Inc., effective 10/1/00 through 10/01/01 to perform adjustment services for liability and property claims in the amount of $46,246 (PROPOSED RESOLUTION NO. ROO-l 'J2) Award the "ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC." BID #001-2821-01/KR, to Spectrum Laboratories, Inc. and Envirodyne, Inc. for an estimated annual expenditure of $13,000 Approve the sole source purchase of two Life Pack 12 Cardiac Monitors from Medtronic Physio-Control in the amount of $38,000 Approve the purchase of eleven mobile data terminal modems from Motorola as a sole source purchase in the amount of $27,502.20 Approve the purchase of a Vehicle Transceiver Unit (VXU) from Invensys Metering Systems in the amount of $30,000 Resolutions: Proposed Resolution No. R00-153 Re: Approving the release of a cash bond of $11,495 to Abrams Construction, Inc. Proposed Resolution No. R00-154 Re: Accepting a Letter of Credit No. 3029736 from Bank of America in the amount of $305,330.30 as surety for the water and sewer improvements at the Wal-Mart Supercenter Proposed Resolution No. R00-155 Re: Authorizing the Mayor and City Clerk to accept and execute the Florida Department of Transportation Highway Safety Plan Grant in the amount of $38,036, providing for a DUI Enforcement Officer position Proposed Resolution No. R00-156 Re: Ratifying the actions of the South Central Regional Wastewater Treatment & Disposal Board of October 19, 2000 as follows: Meeting Minutes Regular City Commission Meeting Boynton Beachf Florida November 8f 2000 Authorization to expend $2,500 from Reserve & Replacement Fund on an emergency basis to replace three deteriorated 8" plug valves on "A" Plant aerator. b= Authorization to expend $6,000 to replace shaft & impellar on #3 RAS Pump in "B" Plan return building Proposed Resolution No. R00-157 Re: Approving a contract for professional services between the City of Boynton Beach and Smith, Ballard & Logan, PA for legislative consulting services Removed for discussion at the request of Commissioner Black. D. Ratification of Planning & Development Board Action: Quantum Lot 50B (Gale Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres (TABLED ON 9/19) Woolbright Medical Building (Freeman)- Woolbright Road and 22nd Street (northwest corner) - Request for new site plan approval to construct a 7,380 square foot medical office building on 0.39 acres Approve payment to The Police Law Institute for one-year subscription to "Monthly Legal Update & Review" in the amount of $16,4929 Approve State Housing Initiatives Partnership (SHIP) Grant funds in the amount of $20,000 to Roderick and Bridgette McClendon to purchase, as first-time homebuyers, the property located at 246 SW 7th Avenue Approve the expenditure of $64,647 for the purchase of software, licenses and support for the LaserFiche Document Imaging project Motion Commissioner Black moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Fisher and unanimously carried. CONSENT AGENDA ITEMS FOR DISCUSSION: B. 2. Approve the use of Metro Services Consultants Incorporated for an independent fire hydrant audit based on the same pricing schedule as Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 offered to the City of Austin, Texas (Contract #S990219) with estimated expenditures of $66,000 (TABLED ON OCTOBER 17, 2000) Motion Vice Mayor Weiland moved that the City Manager direct staff to look in-house to field a team to perform the fire hydrant audit for the City of Boynton Beach. Vice Mayor Weiland clarified his motion by stating that he did not expect that the Utilities Department would be completely responsible for the audit. Vice Mayor Weiland felt that a team of City employees could perform the audit. Motion seconded by Mayor Pre Tem Sherman. Mr. Bressner stated that the issue is whether or not the City is going to have a private contractor conduct the inventory of fire hydrants in the City. It had been anticipated that a consultant would be used. Some questions were raised at an earlier Commission meeting as to whether or not it could be performed in-house, rather than engaging a contractor. When it was determined what was going to be performed under the contract, it was noted that the actual mapping of the hydrants' locations in terms of including them on the GIS system was not included. There also had been discussion about this project and how it related to an upcoming fire insurance rating program that the Fire Department has been working on. There are approximately 100 points assigned to a municipality for fire insurance. Therefore, the more points you get the lower your fire insurance. The Fire Department estimated that approximately 3% in points would be attributable for a fire hydrant audit. Mr. Bressner did not think itwas absolutely necessary to have the audit purely for the ISO Rating for fire insurance. Mr. Bressner would like to proceed with a combination of in-house staff and engineering student interns from FAU. With this combination, the mapping of the fire hydrants will get included on the GIS system. Mr. Bressner said he had no problem with the item being removed from the agenda. Commissioner Fisher asked about the timing of the audit. Mr. Bressner stated if the City were to utilize three or four students, the audit could be completed within five months. Commissioner Black inquired whose responsibility it was for maintenance and the water pressure of the fire hydrants and how often is this done. Mr. Bressner said that he would follow through on this with a report from the Utilities Department. Vice Mayor Weiland inquired about the timing of the purchase of the GPS packs. Mr. Bressner replied that the City has already received pricing and there is a State price on the units at approximately $14,000 each. Vice Mayor Weiland asked if the GPS packs are readily available and Mr. Bressner replied they are an off-shelf item. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8f 2000 Motion carried 5-0. Mayor Broening inquired if the motion were broad enough to include the comments made by Vice Mayor Weiland and Attorney Cherof stated they were not. Motion Vice Mayor Weiland amended his motion to include the City Manager's comments. Motion seconded by Commissioner Black and unanimously carried. C,S. Proposed Resolution No. R00-157 Re: Approving a contract for professional services between the City of Boynton Beach and Smith, Ballard & Logan, PA for legislative consulting services Commissioner Black said that at the pre-agenda meeting last week he raised some questions regarding the contract with Smith, Ballard & Logan. Commissioner Black had asked for some back up material as far as just what the firm had done for the City in the past and to date he has received no past history. There are a lot of issues that must be addressed and he has some reservations. Mayor Broening responded that the City has not used a lobbyist in Tallahassee for the past 18 months. Prior to that, Mayor Broening believed that the consultant worked directly for the City Manager and the previous Mayor and this relationship had not been passed on to succeeding Commissions nor the succeeding staff. Mayor Broening further felt it was more important to determine what the firm could do for the City in the future than what happened in the past. There are many issues that this City has to address in Tallahassee including annexation issues, the distribution of franchise taxes, building code issues, and a whole variety of things of vital concern to this City. Mayor Broening said the City needs to move fast on finding a lobbyist, whether it is this firm or another firm. Having a person in Tallahassee would be a benefit to the City and Ms. Amy Jones of their West Palm Beach office would be the City's contact. Whoever the City does hire, it is important that they are well connected and have a good track record. Mayor Broening did not think that the City had asked Ballard to handle anything on behalf of the City this past 18 months. Mr. Bressner pointed out that it is important for the City to have access to this type of assistance, particularly since there are a number of pressing issues that are facing the City. Mr. Bressner pointed out the following important issues that need to be addressed: Economic development matters specifically along the Intracoastal. Regulatory issues. Stormwater management issues. Permits for the Intracoastal Park and Boat Club Park l0 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mr. Bressner said there are benefits to having assistance in Tallahassee and noted that the previous administration made effective use of this particular firm and there has been some good work that has been generated. Mr. Bressner said he was aware that their reputation was very good and he would like to try Ballard & Co. for a year. Mr. Bressner suggested that a quarterly report could be prepared and if Ballard & Co. was not doing a good job, the contract could be cancelled. He noted that the Legislative Session requests are starting to be developed and if the City wants any assistance, it must act now. Mr. Bressner said he understood what Commissioner Black had equated to as far as frustration during the past 18 months, but asked that the Commission consider moving forward with this. Vice Mayor Weiland concurred with the Mayor and Mr. Bressner that the City needs to move on this. Vice Mayor Weiland suggested that the firm that the City hires would have to provide the City Manager and the City Commission with a quarterly report. Motion Vice Mayor Weiland moved for approval of Item C.5. Commissioner Fisher seconded the motion. Mayor Broening asked if there was any further discussion. Commissioner Fisher would also like to move forward on this since the Legislature is starting now and he would like the 12 items outlined in the agenda backup to be included in the contract. Mr. Bressner suggested that Commissioner Fisher read these 12 items for the benefit of the audience to inform them of the City's priority issues, to which Mr. Fisher complied as follows: 2. 3. 4. 5. 6. 7. 8. Regulatory issues and permit matters pertaining to Intracoastal and Boat Club Park; Following statutory changes; Interaction with the Palm Beach County Legislative Delegation as necessary; State, DEP Licensing and Regulations related to our water, wastewater, and stormwater; Work with Palm Beach County on cooperative annexation in land use planning; Work with Palm Beach County (this is a duplicate) Funding for County improvements for Seacrest corridor and other areas of mutual concern; Permits for construction projects issued through State agencies; ]] Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 10. 11. 12. Work with the FEC Railroad on access and permit issues involving crossings; Legislative tracking and alerting to supplement the Florida League and Palm Beach County League of Cities' reports; Assistance to City in facilitating meetings with State Legislators and State Agency personnel in Tallahassee and in Regional Offices; and Cooperative economic development activities with County and State, including possible foreign trade zone status for Quantum Park. Commissioner Fisher requested that a status report on these 11 items be submitted on a quarterly basis, plus any subsequent items that may be added to be included in the contract. There being no further comments, Mayor Broening called for a vote on the motion. Motion carried 4-1 with Commissioner Black dissenting. Commissioner Fisher requested that the motion be amended to include the quarterly reports and Mr. Bressner stated he would take care of this. Mr. David Katz and Ms. Dee Zibelli stated from the audience that they had filled out request cards to speak on this subject. The Mayor apologized for the oversight. Mayor Broening invited Mr. Katz and Ms. Zibelli to take the podium. Ms. Zibelli wished to speak on the history behind Mr. Ballard and stated that the former Mayor Jerry Taylor and Commission hired Mr. Ballard. She said that not only did the Mayor and some Commissioners receive campaign contributions from Ballard & Company, but also the former Mayor is an aide to Mary McCarty, who is Mr. Ballard's sister. This gives the perception of political patronage. We need the presence of a lobbyist in Tallahassee, which she has been asking for for many years, but it should be done by going out to bid. Mr. Katz reiterated what Ms. Zibelli said regarding Mr. Ballard's background. Mr. Katz would like to know what Ballard & Co. has done for the City in the past. They tried to take credit for getting the high school into the City and they had nothing to do with it. Mr. Katz stated it was the lobbyist from the Palm Beach County School Board that got the High School. Mr. Katz felt the City was not justified in spending $40,000 on this firm and should go out to bid and find another firm. Also, Mr. Katz felt that the City would never be successful in its annexation efforts out West and requested that this political patronage be stopped. Mayor Broening asked if any Commissioners wished to make a motion to reconsider the vote. Motion 12 Heefing Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Pro Tem Sherman moved to reconsider the motion, which was seconded by Commissioner Black. Mayor Broening questioned whether Mr. Black could second the motion since he voted against the motion and Attorney Cherof stated that this was permissible. Mayor Broening called for a vote on the motion, which carried 4-1 with Mayor Broening dissenting. Vice Mayor Weiland said that not permitting Mr. Katz or Ms. Zibelli to speak on the item was purely unintentional and in no way did the Commission wish to exclude them from the discussion. Vice Mayor Weiland pointed out that prior to Vice Mayor Henderson Tillman leaving office he had suggested that the City do an RFP to hire a lobbyist. Vice Mayor Weiland agreed with Mr. Bressner that the session is ready to start and there is not enough time to do an RFP. I suggest that we move forward with this and forget about the past while setting some parameters to keep a check and balance system in place. Also, a probation period of a year could be established and if the City was not happy after the year, the City could then go out for RFPs. Vice Mayor Weiland said that the Commission should entrust the new City Manager and move forward with this tonight. Mayor Pro Tem Sherman stated that he has been on the City Commission for 20 months and 12 months on the Planning and Development Board and he never met Mr. Ballard. Mayor Pro Tem Sherman further pointed out that the City had received nothing from Tallahassee last year and that the City should go out for bids, if time permitted. Commissioner Fisher also did not think thero was enough time to go to bid and doesn't want to see the City lose out on anything. He also noted that the City didn't get anything from Tallahassee, because they didn't ask for anything. Commissioner Fisher would like to move forward with the caveat of a six-month probation period. After the first six months, if the City was not happy with Ballard, this would allow plenty of time to go out to bid for the next year. Commissioner Black felt that there were no time constraints and when the session opens, the lobbyists have already been working for the prior six months. It doesn't start the day that all the new members go up to Tallahassee. This has been going on day in and day out all through the course of when the Legislature is not in session. Actually, Commissioner Black felt it was too late because the groundwork had already been laid. Vice Mayor Weiland pointed out that it would take 60 to 90 days to go out for an RFP and then it would probably take another month or so before it could be looked at. Vice Mayor Weiland thought that there are only three firms that would be looked at in any event. Also, he noted that the City did receive $500,000 towards remodeling of the Senior Center from Tallahassee. ]3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Broening pointed out that the advantage to hiring a lobbyist is that the City would gain intimacy with the issues, acquire information, and get insights on the process that you wouldn't get by staying in Boynton Beach. Further, he stated that time is of the essence and there are a great many new Legislators in Tallahassee. Mayor Broening pointed out that he, along with Commissioner Fisher and Mr. Bressner attended a legislative event today for the Palm Beach County Legislative Delegation and noted it is important to meet these people because they spend a lot of time in Tallahassee. Also, Mayor Broening pointed out that Mr. Bressner had been appointed to a team for the League of Cities that is working on the annexation issue at the request of the Palm Beach County Commission. Mayor Broening again called for a motion to approve the appointment of Smith, Ballard & Logan as this City's legislative consultant as outlined under the terms and conditions in the Resolution and the contract. Motion Vice Mayor Weiland moved to approve the contract for Smith, Ballard & Logan to include the previous comments that had been made in his first motion and to include the check and balance system on a quarterly basis. Motion seconded by Commissioner Fisher. Motion carried 4-1 with Commissioner Black dissenting. Mayor Broening apologized to Mr. Katz and Ms. Zibelli in overlooking their request cards to speak on the issue. Vice Mayor Weiland moved to recess at 7:50 p.m. The meeting reconvened at 8:20 p.m. vi. CITY MANAGER'S REPORT: City Manager Bressner introduced and welcomed Mr. Jeff Livergood, the City's new Public Works Director. Mr. Bressner read a letter that was received by Mayor BrOening from the Quail Run Community Association thanking the City for the installation of street lights on Woolbright Road, between Knuth Road and Congress Avenue. The letter also thanked Ms. Chris Roberts, George Mantell and the entire Public Works Department for a job well done. A. Report on purchase of 3.5 acre parcel north of Intracoastal Park Mr. Bressner reported'that at a prior Commission meeting this issue was discussed and it was determined that he and the City Attorney would discuss the issue with representatives of the owner of the prOperty. Mr. Bressner stated that they have three possible options for consideration by the Commission for the purchase of the property. The purchase price for the property is $3.4 million, which is the appraised amount 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 determined by the appraiser retained by the City. The owner wanted $3.5 million, which included the brokerage fee. The owner has now agreed that the $3.4 million would be inclusive in the purchase price. The three proposed options are: Purchase the property outright on a cash sale for $3.4 million. Purchase the property for $3.4 over a three year period which would require $2 million at closing and two payments $750,000 each for the next two years. The City could save approximately $70,000 utilizing this method of payment. Purchase the property for $3.4 million over a five year period of $1 million and $1 million, then $500,000 each over the next two years and $400,000 payable during the fifth year. The City could save approximately $120,000 to $140,000 utilizing this method of payment. The owner's representative indicated that any of the three proposed options would be acceptable. Commissioner Fisher said he still had reservations because there are no specific plans for this property. Mayor Pro Tem Sherman said that the City should act upon this in light of the 10-acre park that is located next to this property. The City now has an opportunity to pick up an additional 3.2 acres and if someone else purchases the property, it will be lost. Vice Mayor Weiland said he feels this is too much money for the property and is not certain that the property is worth the purchase price. Vice Mayor Weiland would like to have further negotiations while moving forward with the purchase of the property. Commissioner Black said that even though there is nothing definitively planned for the property, it is important that the City acquire the property because it is located directly on the Intracoastal across from the Boynton Inlet. Commissioner Black acknowledged that this is a great deal of money, but down the line if something else were put in there, the City would regret not owning the property. This will now give the City an opportunity to do something wonderful on this land. Commissioner Black said that a decision should be made today to purchase the property. Mayor Broening also pointed out that the property is located within the CRA and the job of a CRA is to acquire property for future use. Mayor Broening also noted that the Development Department is in the process of coming up with a plan for the entire Federal Highway Corridor and there is a six-month moratorium on building on Federal Highway. Mayor Broening said that the condition of the property is insignificant compared to the location and its value and pointed out how property values have skyrocketed along the Intracoastal and that the price for the property was a fair price. Motion Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Commissioner Black moved that staff be directed to offer the $3.4 million for the 3.5 acre parcel north of Intracoastal Park as an immediate cash payment and not consider the other two options. Motion seconded by Mayor Pro Tem Sherman. Vice Mayor Weiland would like Commissioner Black to reconsider the purchase price for the property and not offer the $3.4 up front. Vice Mayor Weiland stated that residential property along the Intracoastal is worth more than commercial property and noted that the property in question does not have a great deal of beach frontage and because of this, the property is not worth as much as the asking price. Commissioner Fisher requested that Commissioner Black amend his motion to accept the five (5) year offer. He does not see the benefit of paying cash when they are offering the City this third option which would save the City around $170,000. Mayor Broening also requested that Commissioner Black amend his motion to extend the payment over five (5) years. Mayor Broening said that the property has the potential to become a full fledged marina, the potential to offer the citizens of Boynton Beach access to the water, and the good potential of bringing money into the City. Motion Commissioner Black amended his motion to change from a one-time cash payment to the five (5) year purchase payment plan. Motion seconded by Mayor Pro Tem Sherman and carried 5-0. B. Discussion Regarding Reduction of Code Compliance Fines Mr. Bressner said that the Commission had requested staff to prepare a report on the reduction of Code Compliance Fines and the Commissioners were referred to the report included in their Agenda packet prepared by Scott Blasie, Code Compliance Administrator. Mr. Bressner pointed out that several years ago the emphasis switched from Code Enforcement to Code Compliance with the goal being property maintenance and to work with the property owners and assessing only administrative costs. The actual fines themselves may not necessarily serve that good a purpose. Mr. Bressner pointed out the wonderful job the Code Compliance Department is doing within the City combined with a variety of other programs available. Also, staff is recommending that the Commission consider as a policy, whether or not the Commission would like to amend the Code to give the Code Compliance Board authority to hear and make decisions on cases, rather than hear the cases with recommendations to the City Commission. This method would help to reduce the agenda workload of the Commission. The Code Compliance Board together with the Code Compliance staff is doing a wonderful job. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8~ 2000 Mr. Bressner said that a procedure could be put in place. If a decision is made by an Advisory Board, there would be a seven-day waiting period and if any member of the City Commission has any objections to a particular decision, it would come to the Commission. This would also provide the Commission an opportunity to address a case if it so wished. Commissioner Fisher felt that 99% of the people cited by the Code Department comply. Commissioner Fisher said that an incentive to make people comply needs to be in place, otherwise there is no reason for anyone to comply. Commissioner Fisher does not want to eliminate the enforcement part of the Code Department with regard to trash, debris and abandoned automobiles and would like these types of cases enforced. Commissioner Fisher felt the current procedure works and doesn't see a need to change it. Vice Mayor Weiland commended Mr. Blasie and Mr. DeLiso, the Chairman of the Code Compliance Board on their fine work to beautify the City and to enforce the Codes. Vice Mayor Weiland agreed that the seven-day waiting period could address any problems that could arise from resolving a case. Then the Commission could step in. Commissioner Black felt that the Code Department and Code Board were doing an excellent job and that they were in a better position to know if someone can or cannot pay. He alsO agreed that the Code Board should make the decisions, with the seven day waiting period. Mayor Broening pointed out that all members of the Code Compliance Board are volunteers who put in long, arduous meetings and agreed that the decisions should be left with that Board. Therefore, Mayor Broening called for a motion. Motion Commissioner Black moved that the City prepare an Ordinance to provide that the Code Compliance Board would be the sole authority to consider cases, with the recommendation of a waiting period of a certain amount of time, based upon staff's recommendations. Vice Mayor Weiland seconded the motion. Vice Mayor Weiland asked if this is feasible and Attorney Cherof stated that it was and this procedure is currently being done with the recommendations of Planning and Development Board that appear on the Consent Agenda. Commissioner Fisher requested that the Commissiob have the final authority if a case comes before it and whatever the Commission decides would be the final decision. Attorney Cherof said the Ordinance could be constructed in this fashion. Motion carried 5-0. l? Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 VII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Golf Road and Congress Avenue Drugstore (APPLICATION HAS BEEN WITHDRAWN AT THE REQUEST OF THE APPLICANT) Kilday and Associates Milnor Corporation, Inc. Northeast corner of Congress Avenue and Golf Road (SW 23rd Avenue) Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) and rezone from Office/Professional Commercial (C-1)to Community Commercial (C-3) to construct a drugstore with drive- through on 2.09 acres Project: Agent: Applicant: Owner: Location: Description: Boynton Beach Boulevard PCD (BJs Wholesale Club) (APPLICANT REQUESTED POSTPONEMENT TO THE NOVEMBER 14, 2000 PLANNING AND DEVELOPMENT MEETING) Roscoe Biby, Kimley-Horn & Associates, Inc. Birchwood/Boynton, LLC University of Florida Foundation, Inc., a Florida corporation and University of Florida Foundation Corporation, as Trustee Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard Request approval for a Planned Commercial Development (PCD) master plan for 14.77 acres to include a BJs Wholesale Club store, gas station, a bank, two future retail/restaurant outparcels and related improvements Co Project: Agent: Owner: Location: Description: Grotto Bay at Bermuda Place (Easement) (APPLICANT REQUESTED POSTPONEMENT TO NOVEMBER 14, 2000 PLANNING AND DEVELOPMENT MEETING) Joni Brickman, AICP, of Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request for 20' utility easement abandonment between Lots 60 and 61 in the Quantum Park PID 18 Meeting Minutes Regular City Commission Meeting Boynton Beach~ Florida November 8~ 2000 Mayor Broening announced that all items have either been withdrawn and/or postponed. VIII. FUTURE AGENDA ITEMS: Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 21, 2O00) B. Future Annexation Areas (November 21, 2000) Report and Recommendation on Early Retirement for Police, Fire and General Employees (November 21,2000) D. Resolution of Intent to Establish Fire Service Special Assessment (November 21, 2000) E. Further consideration of Mural Ordinance (November 21, 2000) F. Proposed Policy for Community Activity Grants (November 21,2000) Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress StUdy (December 5, 2000) H. Report on CRA Appointment Process (December 5, 2000) I. "Name Pond B" Contest J. Review of Cemetery Operations IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion/Action on City Manager Compensation Benefit Package Mayor Broening noted that he' had distributed to each Commissioner a summary of Mr. Bressner's performance with the City after his first six months with the following recommendations for an excellent performance: To increase the severance payment from six (6) months to twelve (12) months. Provide hospitalization coverage for the severance period. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Increase the City contribution to his ICMA/RC from the present $7,500 to $8,000. Motion Vice Mayor Weiland moved to increase the severance payment to nine (9) months from six (6); to provide hospitalization coverage for the severance period; and to increase the City's contribution to ICMA/RC from $7,500 to $8,000. Motion seconded by Mayor Pro Tem Sherman. Commissioner Fisher felt that the City Manager is going to need more than six to nine months to find a position with another compatible City and he would like the motion amended to include the full 12 months. Mayor Broening concurred with Commissioner Fisher and requested that Vice Mayor Weiland amend his motion to include the full 12 months. Mayor Broening noted that the City Manager serves at the pleasure of the Commission and a year is not unreasonable to find another job. 'Motion Vice Mayor Weiland amended his motion to increase the severance payment from nine (9) months to twelve (12) months. Motion seconded by Mayor Pro Tem Sherman and carried 5-0. Scheduling Future Commission Meetings to be held throughout the Community Commissioner Black stated that he has been contacted by various organizations that would like to have the Commission meetings held at their locations. One request was received from Poinciana Elementary School to host the December 20th meeting and Sterling Village requested hosting the February 20, 2001 meeting. Commissioner Black requested any comments from the Commissioners. Motion Vice Mayor Weiland moved to approve that the December 20, 2000 meeting be held at Poinciana Elementary School and the February 20, 2001 meeting be held at Sterling Village. Motion seconded by Commissioner Black and unanimously carried. Xl. LEGAL: Mayor Broening expressed surprise by Mayor Pro Tem Sherman's decision to step down as a Commissioner on November 21, 2000 and asked Attorney Cherof what the procedure would be to find a replacement for Mayor Pro Tem Sherman for the remainder of his term. Attorney Cherof pointed out that the City's Charter states that if there is a vacancy, the Commission has two Commission meetings following the vacancy to appoint by majority vote a replacement for the balance of the time period 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 from the resignation to the next municipal election, which would be in March 2001. If the Commission is unable to appoint a replacement in two consecutive regular meetings, then the Commission is mandated to call a special election. Attorney Cherof noted that Mayor Pro Tem Sherman indicated that his resignation would take effect after the November 21, 2000 Commission meeting. Therefore the Commission has two meetings, December 5, 2000 and December 19, 2000 to take action. Simple majority can do this. Since only four Commissioners would be voting, the vote would have to be 3 to 1. Mr. Bressner pointed out that the person must live in the District and be prepared to serve on an interim basiS. Anyone interested should contact the City. A. Ordinances -2nd Reading- PUBLIC HEARING 1. Proposed Ordinance No. O00-59 Re: Expansion of CRA Boundaries Attorney Cherof read Proposed Ordinance No. 000-59 by title only. Mr. Bressner distributed a map of the area in question. There was no one in the audience that wished to speak on this item. Motion Commissioner Black moved to approved Proposed Ordinance No. O00-59. Commissioner Fisher seconded the motion. Deputy Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. O00-62 Re: Abandoning a utility easement between Lots 32 and 33 in the Quantum Park PID, authorizing the Mayor and City Clerk to execute a disclaimer for said abandonment and providing that the disclaimer be recorded in the public records of Palm Beach County, Florida Attorney Cherof read Proposed Ordinance No. O00-62 by title only. There was no one present who wished to speak on this Ordinance. Motion Commissioner Fisher moved to approve Proposed Ordinance No. O00-62. Commissioner Fisher seconded the motion. Deputy Clerk Prainito polled the vote. The vote was unanimous. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 B.Ordinances - 1st Reading None C. Resolutions: None Xll, UNFINISHED BUSINESS: XIII. OTHER: XlV, ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 9:10 p.m. Vice Mayor ATTEST: Clerk Recording Secretary (three tapes) Mayor Pro Tem Commissioner 22 ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: QUANTUM LOT 50B - GALE INDUSTRIES INC. APPLICANT'S AGENT: Michael J. Jaroch c/o Bentley Architects & Engineers, Inc. APPLICANT'S ADDRESS: 2339 Benville Road, Daytona Beach, Florida 332119 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 8, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 50-B Quantum Corporation Park 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 X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ,,¢/4z//'~ ~ ~"~¢.~¢,~, ~' City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum. Gale Industries Inc\CC 11-8-00 D O.doc EXHIBIT "C" Conditions o£ Approval Project name: Gale Industries File number: NWSP 00-0012 Reference: 3ra review plans identified as New Site Plan. File # NWSP-00-0012 with an August 29t~ 2000 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FiRE Comments: 1. A fire hydrant flow test is required prior to site plan approval (LDR 6- X 16). POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 2. Permits are required to construct the improvements that are shown on X the approved site plan documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Permit Application Technician checks for when an applicant submits for permit review. 3. At time of permit review, indicate within the footprint of the mezzanine X the proposed use of that area. 4. At time of permit review, indicate within the footprint of the 1st floor of X Quantum Lot 50B (Gale Industries) NWSP 00-012 Page 2 of 4 DEPARTMENTS INCLUDE REJECT the building the proposed finish floor elevation. The elevation shall be consistent with the floor elevation that is specified on the site plan. 5. The site plan and survey indicate that the applicant is combining two X lots. It is recommended that the applicant process a unity of title to combine both lots as one. At time of permit review, provide a completed and executed City unity of title form. The form shall describe both lots combined as one. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match 6. At the time that the tie-in survey is required, identify on the survey the X actual distance that each side of the building is set back from the adjacent property lines. The location of the building depicted on the tie- in survey shall match the location specified on the approved site plan. 7. At time of permit review, specify (in tabular form) on the site plan X and/or floor plan the proposed use of the facility, type of construction and occupancy classification of the building. The building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Indicate on the architectural plans that the facility is designed consistent with the regulations that are specified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the building shall comply with the codes that are specified in Chapter 20 of the Land Development Regulations. 8, The permit fee, water and sewer facility fees, Fire and Life Safety fees, X County fees and State fees will be determined and accessed at time of permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: Quantum Lot 50B (Gale Industries) NWSP 00-012 Page 3 of 4 DEPARTMENTS INCLUDE REJECT Tree Relocation and Preservation Notes: Sheet L-1 X 9. The applicant must delineate on the landscape sheet L-1 the existing desirable trees and quantities that will be relocated on the site. The receiving area(s) within the site for the relocated trees should also be shown on the landscape plan. This would include existing trees in the Park Ridge Boulevard road right-of-way and median to allow ingress / egress to the site. 10. The tree survey sheet indicates approximately 140 desirable trees on the X site. Preservation of the desirable trees will be coordinated with the applicant, prior to issuance of the cleating and grubbing permit. The trees that cannot be successfully preserved or relocated must be replaced and shown on the landscape plan. Additional Comments: X 11. The applicant must submit a fauna survey and preserve or relocate by State permit any gopher tortoise found on the site. This must be completed prior to issuance of the clearing and grubbing permit. PLANNING AND ZONING Comments: 12. In the tabular data summary, indicate square footage of warehouse and X office use, indicate use of the mezzanine. 13. Indicate setbacks on the site plan, and provide a setback table in the X tabular data summary (include the required setbacks). 14. Indicate dimensions of dumpster enclosure on the site plan and the X landscape plan. 15. City water cannot be used for irrigation. Indicate alternative water X source. 16. The following comment relates to Chapter 9, Community Design Plan: X - Recommendation: review architectural design to create a look more compatible with the Oriana Granite and Gevas buildings to the east of the project site. 17. No dimension for the driveway width at the right-of-way line was X Quantum Lot 50B (Gale Industries) NWSP 00-012 Page 4 of 4 DEPARTMENTS INCLUDE REJECT provided; administrative waiver will be required if the width exceeds the maximum 32 feet specified by the Code. 18. A traffic statement for the proposed project has been submitted, but has X been found deficient with respect to uses and square footage used to estimate trip generation. Provide the revised statement. Prior to final approval, the revised statement will be sent to Palm Beach County's Traffic Division to confirm compliance with County traffic performance standards and for the purpose of monitoring total traffic approved within the Quantum Park Development of Regional Impact (DRI). 19. Project may require an Environment Review Permit pursuant to Chapter X 2, Section 11.3. Provide information regarding the type of material (insulation) to be stored on site. 20. Provide confirmation of review and approval of design by Quantum X Architectural Review Committee. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 21. NONE X ADDITIONAL CITY COMMISSION CONDITIONS MWR/blw J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\QUANTUM . GALE INDUSTRIES INC\CC 11-8-00 CONDITIONS OF APPROVAL.DOC ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Medical Building APPLICANT'S AGENT: Everett Jenner APPLICANT'S ADDRESS: 9776 S. Military Trail, Boynton Beach Florida DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 8, 2000 TYPE OF RELIEF SOUGHT: Request for new site plan approval to construct a medical office building. LOCATION OF PROPERTY: Woolbright Road and 22nd Street 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 X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order Shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other , DATED: ///,¢//~ /~.~,~i~¢.~,,~,~. ~ J:kSHRDATA~Planning~SHARED~WP~PROJECTS~Woolbright Medical Building (Freeman)~CC 11-8-00 Develop Project name: Woolbright Medical Building (Freeman) File number: NWSP 00-008 Page: 2 DEPARTMENTS INCLUDE REJECT approVed site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 4. At time of permit review, correct sign dimension data in the table to be X consistent with the provided sign detail. 5. At the Planning and Development Board meeting, provide mounted color X elevation drawing of all elevations. ADDITION PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. NONE X ADDITIONAL CITY COMMISSION COMMENTS No ta E MR/blw J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\WOOLBRIGHT MEDICAL BUILDING (FREEMAN)\CC 11-8-00 3RD REVIEW CONDITIONS OF APPROVAL.DOC EXHIBIT "C" Conditions of Approval Project name: Woolbright Medical Building (Freeman) File number: NWSP 00-008 Reference: 3rd review as New Site Plan. File # NWSP-00-008 with a September 26, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 1. At time of permit review, provide detailed drawings and documentation on X the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrance is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. Correct the inconsistency with respect to the floor elevations that are specified on the plans for the lobby area. The engineering plan indicates that the lobby floor elevation is 14.50' and the site plan and floor plan drawings indicate the elevation is 15.00'. 2. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. 3. Permits are required to construct the improvements that are shown on the X CITY OF BOYNTON BEACH EDUCAT] ON ADV] SORY BOARD tt/8/oo We, the Boynton Beach Education Advisory Board, believe that schools play a vital role in the life of our city. As the Palm Beach County School District .makes decisions regarding the boundaries of our schools, they will dramatically affect the lives of all, young and old alike. Their decisions may not only determine the social relationships of our children but also those of our neighborhoods. The Education Advisory Board along with the Boynton Community Forum, Family and Friends Network collected input from many parents and residents on this important topic of school boundaries through a series of community meetings. Our recommendations are based on this input. We believe, and our community believes, that schools that are racially, culturally, and economically mixed provide a more positive school climate, and an atmosphere that reflects our society today and encourages us to learn from one another and to work together. We do not wish to return to a time of "us and them" and stand by to watch as our schools and possibly our neighborhoods become resegregated. The School District is indeed presented with a difficult task. Our entire city will feel -the impact of their choices educationally, socially, and economically. Our city's vision of revitalization teeters on the outcome of these boundary decisions. We further believe that we must keep our city schools from being negatively stereotyped and stigmatized. We have struggled this last year with the issues presented by FCAT. As we anticipate the School Beard's decision on boundaries, our concerns become compounded. The gains of many students will be threatened by these drastic boundary changes and their future progress jeopardized. The City and the School Board must work together to develop a win/win scenario. With our community's input and these thoughts in mind, the Education Advisory Board recommends the following: High School - Exchange SAC 242, 243, and 244 slated to attend Boynton Beach Community High School for SAC 240A slated to attend Santaluces Community High School. This will allow those Boynton Beach students living north of Mtiner Rd., south of IVlentone, east of 1~-95 and west of Overlook to attend Boynton Beach High. Middle School - Shift from Congress Middle to Odyssey Middle SACs 250B, 250D, 251, 258, 268A, 268B, 350, 368, 369, 370, 406A, 406B, 406C. Return to Congress Middle SACs 246, 266B, 271, 272, 274A. This allows the surrounding neighborhoods already at Congress to remain at their school. This option is EAB's and Congress Middle School Advisory Council's first choice. However, if this option is not viable, then we support the recommendation of the Congress Middle School Advisory Council (the second choice of the EAB and Congress Middle School's Advisory Council) to postpone the boundary changes affecting Congress Middle and employ a sub-committee composed of the affected parents, schools, and community members to agree on a solution. Elementary Schools Galaxy Elementary - Shift SACs 250A, 250B, and 250C from Galaxy to the new school on Hypoluxo Rd (97-M) and leave SAC 255 at Galaxy. This opens 207 seats. We recommend that the gifted cluster be placed at Gblaxy instead of at 97-M. A Pre-K program is requested if space allows. We also recommend that Galaxy be added to those schools to be remodeled and modernized. Forest Park Elementary - Shift SACs 406A, 406B, 406C, 257E, and 267B to the new elementary school on South Congress (98-I). Shift SACs 266A and 274A to Forest Park. Rolling Green Elementary- We recommend this school's remodeling and modernization be started as soon as possible. These recommendations will be presented by the Education Advisory Board at tomorrow evening's Advisory Boundary Committee meeting. They will help to accomplish what has been strongly requested by our diverse corhmunity. Foremost among these requests was the desire to achieve diverse schools - not schools resegregated by race or socioeconomic levels. We ask the Commissioners support for these recommendations, and urge as many community members as possible to be in attendance tomorrow evening in the School District Headquarters starting at 6:30PM. Study Area Code (SAC) 207: 217 219 16B 227 276 -:..;~ 235 229 236B 237A 232 296A' 303 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting~ Name ~-~/k~//~ ~'-T~ ~.~ Address Telephone # Summary of Matter to be Addressed Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she ?ill 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 AGENDA ITEMS Fill in the information called for below and give to the City C~p~k prior to the start of the City Commission Meeting. ~ Name "'~~/i~ /~"~ Address ~/-L /~/~ //~ [~7~J~/ _~.~~ Telephone # ~3~ (~] ~ d~ Agenda # C ~x Summary of Matter to be Addressed 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, ~r 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 AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. _ ~-~ . Name Addres, Telephone # ~'ffg) / [ / /-~ Agenda # Summary of Matter to be Addresse .~./~~ 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 shah 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-~.V~ ~b . ~ff~~ ~/// Address ~/~ /~/~ //~ ~ Telephone~ ~ ~~~ ~ ~~ Summa~ of Matter to be Addr~~ ~ ~ ~~ 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 shah 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 Commission ~g. / Name __ Address ~ ~'~ ~'~' Telephone # e start of the City Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she · will need a record of the proceedinEs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin§s is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah 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 / Telephone// ~umm~ of ~a~er ~o be Addr~e~ 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 shah 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 'Costeilo, (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 ~ (~ ~ Telephone ~ Summa~ of Matter to be Addressed / 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 shah 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 AGENDA ITEMS ~v j~ ~ Fill in the information called for below and give to the City Clerk prior'he start of the City Commission Meeting. Name ,~/~1"]~ ~EP~'~O(~]..~ Address ~0 ~. ~.*' ~,U~ ~~ a~ ~~~~} Telephone~_ ~/' ~'Q~ .... ~_ Agenda~ ~~//~ SUmmary of Matter to be Addressed O~/, ~ ~,~ ~+ ~ ~ 9 If a person decidesi~o appeal an~/lecision made by the City Commission with respect to any matter considered at this meeting, he/She will need a record of the procee~lings 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.