Minutes 08-01-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, AUGUST 1, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
David Tolces, Assistant City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Chaplain Greg Fitch - Boynton Beach Police Department
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
An invocation was given by Chaplain Greg Fitch of the Boynton Beach Police Department. He
requested the family of Robert Katz, a prominent member of the community, be remembered
as they deal with his demise. The Pledge of Allegiance was led by Vice Mayor McKoy.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McCray moved to approve the agenda. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Vice Mayor McKoy announced Mayor Taylor's recent retirement as an employee of Palm Beach
County and congratulated him on his 14 years of service to all citizens.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Commissioner Mack McCray is again heading up the City's back to school
supply drive for children in the City's schools. The "Great Boynton Beach
School Supply Drive" will run through the first day of school, Wednesday,
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August 16, 2006. Supplies include pencils, pens, crayons, notebooks,
notebook paper, backpacks, calculators, lunch boxes, scissors, rulers and
glue sticks. All supplies should be new; no used items, please. Drop off
points include City Hall, the library, City Hall in the Mall and the Ezell Hester,
Jr. Community Center.
Wayne Segal, Public Affairs Director, announced the School Supply Drive and the items requested
to be donated. He thanked Commissioner McCray for spearheading the drive. Mayor Taylor
added a monetary donation would also be accepted.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation by Glatting Jackson, Landscape Architects and Planners,
regarding the Congress Avenue Boundless Park Master Plan.
Wally Majors, Recreation and Parks Director, requested the second presentation be handled first
so technical difficulties with the presentation could be addressed.
3. Presentation of the commercial produced by The Links at Boynton Beach.
Dan Hager, Manager of Golf Operations, presented the first effort at using the medium of
television as an advertising tool. The commercial would reach golfers in Palm Beach County being
shown on the golf channel Thursday through Sunday. The cost of producing the commercial was
$750 and will air 287 times through April, 2007. The total cost of $4,592 would be less than
advertising in the newspaper nine times. Mayor Taylor commended Mr. Hager and his staff for
making the golf course one of the outstanding places for Boynton Beach.
2. Presentation by Glatting Jackson, Landscape Architects and Planners,
regarding the Congress Avenue Boundless Park Master Plan.
Jody Rivers, Parks Superintendent, introduced Mike Sobczak from Glatting Jackson, Landscape
Architects and Planners who presented a PowerPoint presentation of the master plan for the
Boundless Park. (A copy of the presentation is on file in the City Clerk's office.) David Barth from
Glatting Jackson, Landscape Architects and Planners indicated how much his firm enjoyed the
process and working with the City of the Boynton Beach and its staff.
Mr. Sobczak's presentation covered the project process, basic site issues, development program,
the final concept plan including the cost and four step phasing. The first phase would restore the
landscaping and replanting around an existing wellhead costing $35,000. Phase two would
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include the boundless play facility for a cost of $2M. Phase three would involve landscaping of
$60,000 and phase four would complete the remainder of the park for $7M.
Commissioner McCray commented the report was well done and inquired how much the report
cost. Mr. Majors replied it had cost $118,000 to prepare the master plan which included $20,000
for the construction drawings. Commissioner McCray compared the total cost of $9M for the park
with the $15M anticipated for the new fire station and the $6.2M for Wilson Center. He felt it
would be very difficult to add a $9M project at this time.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Jack McVey, 1729 Banyan Creek Court, President of the Boynton Beach Little League, spoke
in reference to a request made by a parent of a League player, for funds to travel to the State
championship games. The League paid their expenses from the $100,000 donated by
Electrograph and Allen Mark Smith. The money had been donated for the use of the League as
they see fit. Mr. McVey reported a part of the money had been spent for field maintenance,
refurbishing equipment along with replacing uniforms and some of the money has remained in the
bank. Parents have attempted to raise funds to replenish the account so future teams, as well as
current teams, can benefit from the donation. Mr. McVey requested the Commission think before
they speak regarding the Little League.
Vice Mayor McKoy and Commissioner McCray noted they had not received notice of the State
championship games being held in Boynton Beach. Mr. McVey acknowledged only the Mayor had
been invited. He added many people felt it had been one of the best State championship games.
The League appreciates the support of the Commission and the City. Mayor Taylor explained the
Commission's concern when the City was asked for monies knowing the large donation had been
made.
Commissioner McCray noted a State tournament had been held in the City of Boynton Beach and
only one of five elected officials had been invited to attend and participate.
Gertrude Sullivan, 201 NE 6th Avenue, requested an update on the progress of the Wilson
Center. Mr. Majors announced the project would be going out to bid and it should be awarded in
October. With one year to completion, the project remains on time for a November, 2007 delivery
date.
Herb Suss, Quail Run, applauded the City employees and departments, especially the Fire and
Police Departments. He also commended the Golf Course and its staff.
V. ADMINISTRATIVE:
A. Appointments
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Appointment
To Be Made
Board
Length of Term
Expiration Date
II
McCray
Arts Commission
Alt
1 yr term to 4/07 Tabled (3)
Motion
Commission McCray nominated Christine Moeller as an alternate on the Arts Commission. Vice
Mayor McKoy seconded the motion. The motion passed unanimously.
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Code Compliance Board Reg 3 yr term to 4/09 Tabled (2)
Motion
Commissioner McCray nominated Jack Lamb as a regular member of the Code Compliance Board.
Commissioner Ferguson seconded the motion. The motion passed unanimously.
III Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (3)
II McCray Library Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Library Board Alt 1 yr term to 4/07 Tabled (3)
Ensler Planning & Development Board Reg 2 yr term to 4/08
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3)
Motion
Commissioner McCray moved to table all appointments with the exception of the two previously
filled. Commissioner Ferguson seconded the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Special Commission Meeting - Budget - July 11, 2006
2. Special Commission Meeting - Budget - July 12, 2006
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3. Agenda Preview Conference - July 14, 2006
4. Regular City Commission - July 18, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of City of Delray Beach, Bid #2002-37 to Chaz
Equipment Engineering Contractors of Wellington, FL. for manhole interior
rehabilitation at an estimated expenditure of $41,843.
2. Award Bid #046-2510-06/0D "ANNUAL SUPPLY OF METAL CONTAINERS
AND ROLL-OFFS" to WASTE EQUIP d/b/a INDUSTRIAL REFUSE SALES of
Eaton Park, FL. for an estimated expenditure of $180,000.
C. Resolutions
1. Proposed Resolution No. R06-126 RE: Correcting a
scrivener's error authorizing the City Manager to sign an Agreement for
Water Service Outside the City Limits and Covenant for Annexation with
Military Trail Development Group, LLC for the project known as Gateway
Townhomes.
2. Proposed Resolution No. R06-127 RE: Approving the
adoption of the City of Boynton Beach's Community Development Block
Grant (CDBG) 2006/2007 One Year Action Plan and the contracts for sub-
grantees to reflect the proposed expenditures.
Vice Mayor McKoy pulled item VLC.2 for brief comments.
3. Proposed Resolution No. R06-128 RE: Approving the
renewal of an agreement between Palm Beach Community College and the
City of Boynton Beach to provide for a continuation of our Fire Rescue
Department as a field training site for paramedic and EMT programs.
4. Proposed Resolution No. R06-129 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
NCF&O, SEIU, Local 1227, Blue Collar Collective Bargaining Agreement for
dependent insurance rates under the covered employees' present Blue Care
HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance
plans.
5. Proposed Resolution No. R06-130 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
NCF&O, SEIU, Local 1227, White Collar Collective Bargaining Agreement for
dependent insurance rates under the covered employees' present Blue Care
HMO, Blue Choice PPO and Blue Options PPO Group Medical Insurance
plans.
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6. Proposed Resolution No. R06-131 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Officer and
Detective Collective Bargaining Agreement for dependent insurance rates
under the covered employees' present Blue Care HMO, Blue Choice PPO
and Blue Options PPO Group Medical Insurance plans.
7. Proposed Resolution No. R06-132 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Sergeants
Collective Bargaining Agreement for dependent insurance rates under the
covered employees' present Blue Care HMO, Blue Choice PPO and Blue
Options PPO Group Medical Insurance plans.
8. Proposed Resolution No. R06-133 RE: Approving and
authorizing execution of a Memorandum of Understanding (MOU) with the
Palm Beach County Police Benevolent Association, Inc., (PBA) Lieutenants
Collective Bargaining Agreement for dependent insurance rates under the
covered employees' present Blue Care HMO, Blue Choice PPO and Blue
Options PPO Group Medical Insurance plans.
9. Proposed Resolution No. R06-134 RE: Approving and
authorizing the renewal of employee benefits and premiums for FY
2006/2007 Blue Cross/Blue Shield of Florida (BCBS FL) medical plan, MetLife
dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan
and the Vision Care Incorporated plan.
10. Proposed Resolution No. R06-135 RE: Approving the
three (3) year collective bargaining agreement between the City of Boynton
Beach and the National Conference of Firemen and Oilers, SEIU, AFL -CIO,
CLC, Local 1227 White Collar Bargaining Unit.
11. Proposed Resolution No. R06-136 RE: Requesting
ratification of the action of the South Central Regional Wastewater
Treatment & Disposal Board action of July 20, 2006:
a. Authorizing modification of the agreement with the Solid Waste
Authority for the construction of the biosolids processing and
recycling facility by increasing our portion by $345,152 for a new
total of $6,696,835.
b. Authorizing modification of the agreement with Florida Water
Environmental Associates to allow NOAA to perform studies as
summarized in FWEAUC-AOML Agreement #06-001 through 06-007
for an additional amount of $358,032.50
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c.
Authorizing expenditures up to $50,000 on miscellaneous items (soil
and concrete testing; permits; legal issues; equipment protection)
for construction of Reclaim Expansion.
d.
Accepting the 2006/2007 Wastewater and Reclaim O&M budgets
and Wastewater Repair and Replacement Expenditures.
e.
Authorizing establishment of Wastewater User Rate to Cities for
Fiscal Year 2006/2007 as follows:
Operations & Maintenance
Reserves
TOTAL
$0.8032/1,000 Gal.
$0.1800/1,000 Gal.
$0.9832/1,000 GAL
f.
Authorizing establishment of Reclaim User Rate to Cities for Fiscal
Year 2006/2007 as follows:
Operations & Maintenance $0.260/1,000 Gal.
g.
Accepting the 2006/2007 Organization Chart and Salary Range
Revision.
12. Proposed Resolution No. R06-137 RE: Approving a
feasibility study to determine fund raising viability for the Congress Avenue
Boundless Park in the amount of $16,500.
D. Approve the full release of surety for the project known as Canterbury (Lots 86-89 -
Quantum Park) in the amount of $466,853.20, and return the performance bond
number 08742543 from the Fidelity and Deposit Company of Maryland in this
amount to the project developer, Westbrooke Homes.
E. Authorize the use of $500 each of Mayor Taylor, Vice Mayor McKoy, Commissioners
Ensler and McCray Community Investment Funds to the Great Boynton Beach
School Supply Drive.
Motion
Commissioner Ferguson moved to approve all consent agenda items with the exception of C.2.
Commissioner McCray seconded the motion. The motion passed unanimously.
C.2 Proposed Resolution No. R06-127 RE: Approving the adoption
of the City of Boynton Beach's Community Development Block Grant (CDBG)
2006/2007 One Year Action Plan and the contracts for sub-grantees to reflect the
proposed expenditures.
Vice Mayor McKoy reiterated he continued to have concerns regarding how the funds are
appropriate in reference to salaries rather than programming. Staff was reviewing the process
and investigating the possibility of capping the amount of funding used for salaries.
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Motion
Vice Mayor McKoy moved to approve item VI.C.2. Commissioner Ferguson seconded the motion.
The motion passed unanimously.
XII. LEGAL: (Moved during Preagenda Conference at the request of Commission)
C. Ordinances - 1st Reading
Proposed Ordinance No. 06-076 RE: Amending the Art in
Public Places Program to clarify that projects which commenced prior to the
establishment of the Public Art Fee are exempt and not subject to the fee, even
when a site plan extension is requested.
Attorney Tolces read Proposed Ordinance No. 06-076 by title only.
Commissioner Ensler reviewed the reason the Ordinance was on the agenda for amendment. He
noted the intent was not to do away with the art fee, but to help applicants with financing and still
bring art into the projects commenced before the effective date of the original ordinance.
Mayor Taylor recalled there had been discussion on the issue at the time the original ordinance
was passed. He understood if an extension would be requested the art fee would then apply to
the project. Commissioner McCray expressed concern if one exemption would be granted a
precedent would be set for other site plan extensions.
Mayor Taylor wanted to continue the ordinance as it had originally been written. He noted only
one developer had expressed a hardship with the fee being added when the new site plan was
requested. Commissioner McCray agreed with Mayor Taylor and felt at least a one year trial
period for the original ordinance would be appropriate. Vice Mayor McKoy also expressed he
favored keeping the ordinance as it had originally been approved.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-076. Mayor Taylor passed
the gavel to Vice Mayor McKoy and seconded the motion.
Commissioner McCray asked for clarification on the impact of the proposed ordinance. Mr.
Bressner explained the new ordinance would allow an exemption of the art fee when a site plan
extension was requested.
Vote
City Clerk Prainito called the roll. The motion failed 1-4. (Mayor Tay/or, Vice Mayor McKoy,
Commissioners Ens/er and McCray dissenting.)
For clarification, it was determined that any project requesting a site plan extension, that did not
previously require the art fee to be paid, would automatically be subject to the art fee when the
site plan extension would be approved.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
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The City Commission will conduct these publiC hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Adoption of the Federal Highway Corridor Community Redevelopment Plan
Update. (1st Reading of Proposed Ordinance No. 06-074)
Attorney Tolces administered an oath to all those intending to testify on any matters for public
hearing.
Attorney Tolces read Proposed Ordinance No. 06-074 by title only.
Mike Rumpf, Planning and Development Director, summarized the changes being requested by
the Community Redevelopment Agency to the Federal Highway Corridor Community
Redevelopment Plan. The changes include preserving historic structures, accommodating gas
stations and certain repair uses if meeting location and design standards in Mixed Use districts.
Other changes would be preserving existing single-family neighborhoods and moving the
boundary of Planning Area 4 south of Woolbright to include all four corners of the intersection
of Woolbright and Federal Highway. It would also accommodate larger grocery store or
supermarket uses in the corridor. Staff recommended approval of the plan.
Commissioner McCray wanted clarification on the definition of a traditional gas station. Mr.
Rumpf responded traditional would be with the pumps in front, building behind and being car
oriented. The proposed changes would allow limited access and visibility and continue to
include a retail component.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-074 without the term,
"traditional gas station". Commissioner Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B.
Project:
Agent:
Owner:
Location:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason S. Mankoff of Weiner &
Aronson, P .A.
New Century Companies, LLC
Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard
Request for one-year site plan time extension for approved site
plan and height exception granted on August 2, 2005, from
August 2, 2006 to August 2, 2007.
Description:
Commissioner Ensler reported he had received phone calls from both the applicant and the
seller of the land making different requests for time extension.
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Mr. Rumpf located the mixed use project with retail and residential units included. The original
approval was on August 2, 2005 to expire August 2, 2006. The applicant's request would extend
the site plan to August 2, 2007. He added the Community Redevelopment Agency board
recommended the extension only be granted for six months. After review, it was determined
the developer was moving forward and intended to continue; therefore, staff recommended
approval.
Michael Weiner, 209 N. Seacrest, on behalf of the applicant, agreed with Mr. Rumpf that the
applicant was moving forward in good faith. He felt the Community Redevelopment Agency
would prefer to have an original term of 18 months rather than one year. In comparison with
other municipalities, Boynton Beach had a very short period on site plans. Mr. Weiner pointed
out with the mixed use component no cookie cutter buildings are allowed and it must include
structured parking. There are also several permits that must be obtained and coordinated.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Commissioner Ensler questioned the possibility that the applicant's contract runs out in
December. Mr. Weiner stressed it should be public policy that dictates the decision and not the
contractual relationship of the owner and the developer. He reported the request for permit
would be submitted in October with six to twelve weeks for review by the Building Division.
Motion
Commissioner Ferguson moved to approve item VIII.B. Commissioner McCray seconded the
motion.
Mayor Taylor agreed with the Community Redevelopment Agency's desire to extend the original
time period to 18 months.
Vote
The motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Description:
Boynton Industrial Park North (ZNCV 06-008)
Merle Denbesten
Boynton Industrial Park POA, Inc.
West of 1-95 and north of Boynton Beach Boulevard. Strip of land
two feet wide by 1,705 feet in length located west of the 60 foot
right-of-way of West Industrial Avenue, opposite lots 118 of the
Laurel Hills Subdivision (3rd Addition) through lots 165 Laurel Hills
Subdivision (4th Addition), which are located north of NW 8th
Avenue.
Request relief from Chapter 2, Zoning, Section 4.L - Buffer Walls,
to allow a six (6) foot steel privacy fence along the west property
line of Boynton Industrial Park North, in lieu of the required six
(6) foot stucco masonry buffer wall required to separate an
industrial zoning district from an abutting residential zoning
district.
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Mr. Rumpf described the complexities of a non-conforming situation in a narrow space allocated
for the wall that does not meet the setback requirements. The existing wall needs repair and
the owner had been given notice to make the necessary repairs over a year ago. Florida Power
and Light holds an easement for overhead lines that limits the type of buffer walls that could be
constructed and the current wall that requires the dropping of panels into posts cannot be done
with the power line overhead. Mr. Rumpf noted the proposed replacement fence meets the
wind load requirements and appeared to be a viable solution. It will have a long useful life and
can easily be repaired or replaced if damaged. Staff recommended approval of the request.
John Phillips, owns the property at 1040 W. Industrial Avenue and lives in Lake Clarke Shores.
He advised the applicant could not be present for the meeting. Mr. Phillips agreed with the
request as the best replacement.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve item VIII.C. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Small/Minority Business Enterprise (S/MBE) Plan Proposal - Aug. 15, 2006
B. Selection of consultant for M-1 Zoning District Study - Aug. 15, 2006
C. Hazard Mitigation Grant Program award of $137,336 (75%) (local share $45,779
(25%) to fund wind retrofit for the remainder of the second floor of the City Hall
Building by purchasing and installing Exeter storm shield hurricane barriers to 41
window openings. - Aug. 15, 2006
D. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee - Sept. 6, 2006
E. Review of Funding Policy for Community Development Block Grant Program _
Modification of Resolution 05-012.
Commissioner McCray asked that a date certain be assigned. Mr. Bressner advised the item
would be ready for the August 15th meeting.
XI. NEW BUSINESS:
None.
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XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-075 RE: Approving an
increase in the maximum allowable dwelling units permitted under the
development order from 1,105 to 1,905 dwelling units. (Quantum Park
NOPC #16 DRIA 06-001)
Attorney Tolces read Proposed Ordinance No. 06-075 by title only.
Mayor Taylor asked the applicant and staff to limit their presentations to twenty minutes each.
Mr. Rumpf noted there would be a second reading of the Ordinance and an official public
hearing on August 15th if approved. He explained Quantum Park of Commerce is a nearly built
out development situated on 553 acres zoned Planned Industrial Development. Mr. Rumpf
reviewed the requests and located the property and lots. He reported the requested change
had been deemed not a substantial impact or deviation by the Treasure Coast Regional
Planning Council. The project had previously been limited to a maximum of 1,000 residential
units; however a request for 105 additional units had been granted. The Florida Department of
Transportation and the County recommend a traffic study be done for the possible placement of
additional traffic signals to be done by the applicant. Staff determined the current requests are
contrary to City policy and direction. In addition, it is contrary to the M-1 zoning study that had
been conducted. Mr. Rumpf pointed out 93 acres within Quantum Park have already been
converted to residential or mixed use areas. Also, only 53% of the total projects have been
completed and the proposed requests could be done elsewhere in the Park.
Mr. Rumpf cautioned the Commission that MFT is the master developer and the party
responsible for the traffic study and signals as they are affecting the change. The potential of
abandoning streets would change the traffic flow that is the responsibility of the applicant.
While staff supported a transit-oriented development (TOD) at the Tri Rail station that could
contain affordable housing units; the application does not ensure those components will be
met. Mr. Rumpf did not feel it was fair to compare the use of land within Quantum Park for a
fire station to the requested dwelling units. He stressed the M-1 study recommended that
industrial uses be preserved. The uses along Gateway Boulevard have been changed from
industrial to industrial/retail options at the request of the applicant. Mr. Rumpf emphasized the
entire Quantum Park is not a mixed use site. It had been argued the lots along Gateway were
too costly for industrial use and yet it was now being suggested affordable housing would be
appropriate. If the industrial use would be taken away, it cannot be returned to industrial use
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in the future. Mr. Rumpf admonished the decision should not be based on the immediate
market needs, but rather more long term goals and the needs of the City of Boynton Beach.
Staff recommended the application be withdrawn or denied for the following reasons:
· Does not include the TOD site
· Traffic study should be completed
· Commitment by applicant for future bonding or surety
· Abandonment of lots with lot numbers.
In the alternative, if the request would be granted, conditions be placed on the approval to
assure the proposed changes are completed. Mr. Rumpf recalled Quantum Park was to be the
premier industrial park for the City. The conditions should restrict the units to the TOD and
only allowed on that site.
Doug McDonald, President of Quantum Limited Partners, 2500 Quantum Lakes
Drive, indicated he had been approached by the City Manager asking him to review the Tri Rail
site for the possibility of affordable housing in conjunction with a TOD. Mr. McDonald
acknowledged dedicating 400 units to Tri Rail, if an agreement can be reached with Tri Rail and
the County.
Eugene Gerlica, agent for the applicant, noted the current request was preliminary to
determining if the request would be a substantial deviation and three of the lots would never
have been used for industrial purposes. He contended the master plan modifications requested
would not result in a loss of any uses, all of which would have to come back before the
Commission. Mr. Gerlica pointed out if the Tri Rail site was not changed as requested, the
density and vesting would be lost and Tri Rail or the County could do anything they wanted at
the site. The specific details and surety for the traffic signals will be demonstrated during the
master plan process according to the PID Code. Mr. Gerlica indicated the surety for the traffic
signal at Quantum and Congress has already been posted with the City according to NOPC #12.
A study has been ordered to be completed later this year and MFT is fiscally responsible for any
change or signals that may be required.
Mr. Gerlica stressed the applicant had no objection to changing the zoning of the 10 acres
conversion to government and institutional for the fire station. He did object to staff's position
and recommendation that the change was appropriate for those purposes but not for the
purpose now being proposed. Mr. Gerlica reiterated the approval of NOPC #16 was only the
first step before negotiating with the South Florida Regional Transit Authority to develop the
TOD and invest a great deal of money by the developer.
Commissioner McCray indicated he had read the report and felt the Palm Beach Post had given
an excellent summary.
Mr. Bressner commented he did agree with Mr. Gerlica's remarks involving his recent
involvement in the process. After further review, he realized the Tri Rail property would have to
be developed in order to have space available for the additional 800 units. Mr. Bressner did
disagree on the surety and felt MFT Development Corporation does have responsibility to cover
the cost rather than the taxpayers. He suggested the sureties be posted for a five year period
to allow the development cycle to evolve with the Commission's knowledge and consent.
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The Palm Beach County needs assessment recently published reflects the Boynton Beach
median income is $46,709. The median condo market price in 2005 was $233,750 and single-
family home was $350,000. The buying power of the median income would generate a price of
$147,772 being the price point for affordable housing. Construction costs are greater and
would indicate a price of $180,000 as minimal, necessitating the use of gap programs such as
SHIP to match the gap.
Mayor Taylor clarified the question before the Commission had nothing to do with Transit
Oriented Development and was not on the agenda. The request was for 800 more residential
units by changing the zoning of some office/industrial lots to residential and abandoning roads
without traffic studies being done. He stressed both Development and Public Works
recommended denial. Mayor Taylor advised the warranty on the traffic can run out and if not
completed the responsibility would fall back on the taxpayers. He stressed the M-1 Study
specifically discouraged the loss of any industrial lands for non-industrial uses and prohibited
any additional residential uses. Mayor Taylor contended the request would allow 800 units
anywhere in the PID and would require additional rezoning to accommodate the units. He
supported the request if 400 would be guaranteed for TOD; however, the current application
did not include any TOD development. Mayor Taylor felt very strongly that the park should
remain an industrial park and not be given a 72% increase in the number of residential units.
Commissioner Ferguson inquired when the 400 units committed to Tri Rail would come before
the Commission and Mr. Bressner noted NOPC #17 would need to be filed. Attorney Tolces
speculated another master plan modification would be needed. Commissioner Ferguson
commented that Quantum had consistently completed what they had requested and he agreed
with their current plan and request.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 06-075.
Commissioner Ensler commented time and development had necessitated changes in zoning
and Gateway Boulevard is not an industrial zone. He contended a mixed use designation would
be appropriate, definitely not industrial. The value that was anticipated to be generated from
industrial uses is no longer available to the City of Boynton Beach. As far as the residential,
Commissioner Ensler accepted the representation that 400 units would go to the Tri Rail area
and he accepted those proposals.
Mayor Taylor reiterated the matter before the Commission had nothing to do with Tri Rail. He
pointed out at least two prior occasions when the representations of the developer were not
kept. Mayor Taylor felt any representations should be put in writing with some type of
guarantee attached.
Attorney Tolces advised the Ordinance could not be amended to include 400 units at the Tri Rail
site since it would be inconsistent with the advertised request. A new NOPC would be required.
Motion
Commissioner Ensler seconded the motion with the representations that were made at the
Commission meeting and Planning and Development meeting.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 1, 2006
Attorney Tolces advised those representations could not be added at this juncture.
Vice Mayor McKoy asked how they could be held accountable. Attorney Tolces replied only
compliance with the ordinance could be required and enforced. The motion is to approve
Proposed Ordinance 06-075 as presented.
Mayor Taylor noted staff had recommended four conditions of approval and the applicant
rejected all four conditions of approval.
Discussion followed on the procedural aspects of approved of the application and the
implications of any voting.
Commissioner Ferguson would not accept the amendment to his motion made by Commissioner
Ensler based on the advice of Attorney Tolces that it was not legally appropriate.
Vice Mayor McKoy asked for the applicant's view of the recommendation made by staff if the
request was to be approved. Mr. Gerlica replied the conditions were all rejected. Vice Mayor
McKoy also inquired under what conditions the taxpayers would ultimately assume the cost of
the traffic signals. Mr. Rumpf responded the cost would be passed down to the taxpayers when
the surety is gone and the obligation is gone. As traffic changes, the taxpayers could ultimately
be responsible for the cost. Mr. Gerlica responded NOPC #12 requires the developer to install
signals at the intersections when the need requires their installation.
Mr. Gerlica proposed the 400 units be restricted to lands designated as mixed use so in the
event the TOD does not materialize the 400 units would evaporate. The 800 units were
requested due to a change in the methodology to calculate the traffic generated in Quantum
Park from average daily to peak hour. This enabled Quantum to include 800 units in their
vesting without decreasing another use. The motivation was the TOD.
Attorney Tolces advised the change suggested could be made since the specific parcels and
change of use have already been provided for in the NOPe.
Motion
Commissioner Ferguson amended the motion to approve Proposed Ordinance 06-075 with 400
of the 800 residential units requested to be designated on lots 17, 52, 58, 102 and 103.
Commissioner Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Mayor Taylor dissenting)
a. Quantum Park NOPC #16 MPMD 06-003 Request to approve
Master Plan Modification to allow an increase in the maximum
number of dwelling units allowable from 1,105 to 1,905 units and
change in designation of lots 17, 52, 58, 102 and 103 to Mixed
Use (MU).
Attorney Tolces advised item XII.e.1.a should be addressed after the 2nd reading of Proposed
Ordinance No. 06-075 on August 15th.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 1, 2006
Motion
Commissioner Ferguson moved to table item XII.e.1.a to August 15th. Commissioner McCray
seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting)
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Sterling Village emergency generator application.
Motion
Commissioner Ferguson moved to approve item XIILA. Vice Mayor McKoy seconded the
motion.
Commissioner McCray requested the amount requested in the application and how many of the
applications received were for the same amount.
Regenia Scott, Neighborhood Services Manager, replied the amount was $2,500. Colonial Club
Condo Association had also requested the same amount. All other applications were for the
maximum of $5,000. Ms. Scott explained the reason for the delay in the delivery of the
application and the procedure that followed to correct the problem.
Vote
The motion passed unanimously.
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 9:08 p.m.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 1, 2006
h A. Pyle
puty City Clerk
(080306)
CITY OF BOYNTON BEACH
".t- ~s~
Commissioner - Muir e. rguson
17
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
v,,-.e\r.Dment
p & l.
Bu\\rll\\I.
Engineering
Oce LicensG
Dep'uW CiW Clerll
Boynton Industrial Park North
PROJECT NAME:
-----
APPLICANT'S AGENT:
Mr. Merle Denbesten, Boynton Industrial Park POA, Inc.
APPLICANT'S ADDRESS: 1060 West Industrial Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 1, 2006
TYPE OF RELIEF SOUGHT: Buffer Wall ZNCV 06-008: Relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer
Walls, to allow a six (6) foot steel privacy fence along the west property
line in lieu of the required six (6) foot stucco masonry buffer wall
required to separate an industrial district from an abutting residential
district.
LOCATION OF PROPERTY: North of NW 8th Avenue on the west side of West Industrial Avenue,
Boynton Beach, FL 33426
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The AppliC9flt
.YL. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "E" with notation "Included".
4.
The AppliC9flt's application for relief is hereby
-.L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
B - Ot/-ob
S:\Planning\SHARED\WP\PROJECTS\Boynton Industrial Park North ZNCV\06-008\DO.doc
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EXHIBIT "G"
Conditions of Approval
Project name: Boynton Industrial Park North Buffer Wall
File number: ZNCV 06-008
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined. ~
S:\Planning\SHAREDlWP\PROJECTS\Boynton Industrial Park North ZNCV\ 06-008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Heritage Club at Boynton Beach
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT:
New Century Companies, LLC
APPLICANT'S AGENT:
Michael S. Weiner, Esquire / Weiner & Aronson, P.A.
AGENT'S ADDRESS:
102 North Swinton Avenue, Delray Beach, Florida 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 1, 2006
TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) to August 2, 2007
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard (see Exhibit "A" - Location Map).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
/GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: 8 -Lf-00
S:\PlanningISHARED\WPIPROJECTS\Heritage Club@ Boynton BeachlSPTE 06-006\00 doc
LOCATION MAP
Heritage Club @ Boynton Beach
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EXHIBIT "e"
Conditions of Approval
Project name: Heritage Club at Boynton Beach
File number: SPTE 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval.
Heritage Club SPTE 06-006
Conditions of Approval
Page 2
DEPARTMENTS INCLUDE REJECT
2. The utilities reservation for this project will expire on August 31, 2006 unless
the applicant obtains building permits or pays the full capital facilities charge
by August 31, 2006. Otherwise, the applicant will be subject to applying for
a renewal of the utilities reservation.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\SPTE 06-006\COA.doc