Minutes 10-17-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, OCTOBER 17, 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
James Cherof, 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 Mayor Taylor
Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner McCray offered the
invocation. Mayor Taylor led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McKoy moved to approve the agenda as presented. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ferguson offered his concluding remarks. He reflected he had served for six
years on the City Commission attending 136 of the 138 regularly scheduled Commission
meetings despite eye operations, a new knee and five stents being placed in his coronary
arteries.
He commented the Code Compliance update included a violation of over $IM accruing over a
14 year time period on a property not worth more than $150,000. He recommended those
types of issues should be better tracked and resolved sooner rather than later.
Commissioner Ferguson predicted the housing market in the area would be experiencing an
even deeper decline due to the disparity in the application of the homestead exemption. It is
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important because the three elements of non-homestead properties are renters, businesses
and snowbirds. He asserted if those three elements are lost due to the increase in taxes and
insurance rates, the entire economy will suffer. The issues would need to be addressed
through the courts.
Mayor Taylor extended his appreciation and the appreciation of all citizens of the community,
for Commissioner Ferguson's service on the Commission.
Commissioner McCray thanked Commissioner Ferguson for his service and hoped he would
continue to make the City of Boynton Beach first.
Commissioner McCray announced on November 3rd and 4th St. John Missionary Baptist Church
would be hosting the Florida East Coast Baptist Association including a men's day. All residents
were invited. He requested a letter from the City supporting their endeavors.
Commissioner McCray commended the Police Department for their awards ceremony and was
honored to be present on behalf of the Commission. He pledged his support to the Police
Department and its officers.
Commissioner McCray remarked the marquee in front of City Hall has been well maintained with
pertinent information for the public.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. Intracoastal Park to be closed from October 30 - November 20, 2006,
for excavation of the Intracoastal Park Clubhouse site.
Mayor Taylor announced the closing of Intracoastal Park for the preparation of the site for the
new Intracoastal Park Clubhouse site.
2. Cancellation of December 19, 2006 City Commission Meeting.
Mayor Taylor noted the December 19, 2006 City Commission meeting and the Agenda Preview
Conference scheduled for December 16, 2006 were being cancelled due to the proximity to the
holiday season.
3. Ribbon cutting ceremony for the playground at Hester Center - October
25, 2006 at 10 a.m.
Mayor Taylor invited everyone to attend the ribbon cutting ceremony for the playground at
Hester Center on Wednesday, October 25, 2006 at 10 a.m.
B. Community and Special Events:
1. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on
Saturday, October 21, 11 a.m.-7 p.m. and Sunday, October 22, 11 a.m.-5
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p.m. at Intracoastal Park. General admission is $7 adults, children 3-12
and seniors $5. A special fireworks display will take place on Saturday at
6:30 p.m. This event is produced in partnership with the CRA.
Mayor Taylor invited everyone to attend the special event, Pirates of the Intracoastal, featuring
many special events for families including fireworks on Saturday night. Commissioner McCray
felt it should be clarified the seniors were senior citizens as opposed to high school seniors.
C. Presentations:
1. Proclamations:
a. Boynton Beach Veterans Day Memorial Celebration - Nov. 5, 2006
Mayor Taylor read the Proclamation and urged everyone to remember the sacrifices of those
who have served and are currently serving.
2. Presentation by the East Boynton Little League honoring the Mayor and
City Commission for their support of the Little League.
John McVey, President of the Boynton Beach Little League, presented Mayor Taylor with a
plaque recognizing the City Commission for supporting Little League in Boynton Beach. Mr.
McVey noted Boynton Beach had the second oldest Little League in the State of Florida and
they were attempting to have the 2008 State Championship held in Boynton Beach. Mayor
Taylor congratulated all the volunteers who contributed countless hours furthering the program.
3. Presentation of Certificate of Achievement to Annalisa Alden for her
participation in the Sister Cities International Young Artists Showcase.
Jeanne Heavilin, Chair of Sister Cities, reported Annalisa Alden's artwork had been sent to
Washington, DC for the international competition in creating a t-shirt commemorating the 50th
anniversary of Sister Cities. Mayor Taylor modeled the t-shirt designed by Ms. Alden and read
the Certificate of Achievement. He stressed how proud the City of Boynton Beach was of her
and the accomplishment. Ms. Alden accepted the Certificate and briefly told how her creation
had begun.
Ms. Heavilin presented Mayor Taylor with a framed t-shirt to be exhibited in City Hall.
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>
Barbara Ready, 329 SW 13th Avenue, a new member of the Arts Commission, read a
letter previously submitted to the Commission, regarding the Arts Commission's support of the
original Art in Public Places ordinance.
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Dom Desederio, 2755 S. Federal Highway, questioned how long the storm water fee
would be continued and requested a summary of the revenues and expenses associated with
the fee. Mr. Bressner replied several projects were still tracking through the budget and funds.
A policy decision by the Commission would be required to terminate the fee. Mayor Taylor
agreed the Commission would review the storm water fee assessment and the related projects
involved.
A student from Boynton Beach High School complained about the lack of sidewalks along High
Ridge Road leading into Boynton Beach High School. She contended the City of Boynton Beach
Police Department issues speeding tickets on High Ridge Road so the City should be responsible
for a sidewalk also.
Mr. Bressner indicated the street was a private street within the Quantum Improvement District.
Mayor Taylor advised the City would contact Quantum and relay the concerns.
Commissioner Ferguson recalled when the High School was initially built the intent had been to
not allow foot traffic along High Ridge Road. Mr. Bressner reiterated any improvements would
be done by the property owners. The City does now own land along High Ridge Road and
would have no objection to the request.
Vice Mayor McKoy addressed the National Honor Society members who were present, and
advised them he was the Commissioner for the District and could be contacted for any of their
concerns.
Herb Suss, Quail Run, complained the site along Woolbright Road used by Florida Power &
Light (FP&L) remained unsightly. Mr. Bressner indicated he had previously contacted FP&L.
Mr. Suss also addressed the medians on Woolbright in front of Quail Run and the lack of any
plantings as had been agreed upon. Mr. Suss referenced the visioning meeting being held on
Hutchinson Island and felt the monies spent for the event should have remained within the City
of Boynton Beach.
Mayor Taylor explained the rationale for the meeting and the need to hold it at a remote
location.
Commissioner McCray announced he would not be able to attend the visioning session due to a
prior engagement. He would be looking forward to receiving the written report.
Sunny Garcia, 1631 NW 3rd Lane, suggested the City install temporary speed bumps along
High Ridge Road to control speeding traffic.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments to be made:
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Appointment
To Be Made
Board
Length of Term
Exoiration Date
II
Ferguson
Arts Commission
Reg
3 yr term to 4/08
Motion
Commissioner Ferguson moved to elevate Barbara Ready to a regular member of the Arts
Commission. Commissioner McCray seconded the motion. The motion passed unanimously.
I Ensier Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
II McCray Cemetery Board Alt 1 yr term to 4/07
Mayor Taylor Code Compiiance Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Community Relations Board Ait 1 yr term to 4/07 Tabled (2)
III Ferguson Community Relations Board Reg 3 yr term to 4/08
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Library Board Alt 1 yr term to 4/07
Mayor Tayior Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks Board Reg 3 yr term to 4/08
Motion
Commissioner McCray moved to table all appointments with the exception of the Arts Commission
appointment. Vice Mayor McKoy 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. Regular City Commission Meeting - October 3, 2006
Commissioner McCray pulled item VI.A for discussion.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Approve piggyback on the City of Palm Bay, FL Bid #23-0-2002 with
AqUifer Maintenance & Performance Systems, Inc. for well rehabilitation
services with an estimated yearly expenditure of $300,000.
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2. Approve a split award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid
#033-1411-06jJA to COMMUNITY ASPHALT CORP. of West Palm Beach,
FL and to AUSTIN TUPLER TRUCKING, INC. of West Palm Beach, Florida,
with a total expenditure of $50,450.
C. Resolutions:
1. Proposed Resolution No. R06-178 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Belkis Alvarez & Camilo Nunez for the property at 1119
Highview Rd., Lake Worth, FL. (Ridge Grove Add No 1 Lot 203)
2. Proposed Resolution No. R06-179 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with the Palm Beach County Housing Authority for a parcel of land
proposed to contain 34 new single family homes within the Quentin
Avenue Project.
3. Proposed Resolution No. R06-180 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Community Redevelopment Agency (CRA) for the use of
two abandoned buildings for live fire training exercise.
D. Approve the return of cash bond of $4,000 to RCC III, LLC for the project known
as Renaissance Commons (Phase III, Building #11).
E. Approve the return of cash bond of $55 to Chris Kauper for the project known as
Walgreens (warehouse interior completion).
F. Approve the return of cash bond of $1,100 to RCC I, LLC for the project known
as Pei Wei Asian Diner (Store #80).
G. Approve the return of cash bond of $7,900 to Jacobs Industries, Inc. for the
project known as the Tire Store (Parcel C).
H. Approve the full release of surety for the project known as Windsor Park of
Commerce in the amount of $2,941 and return of the cash surety in this amount
to the project developer, Windsor Park of Commerce, LLC.
I. Approve the reclassification of Code Compliance positions by one Pay Grade
resulting in a fiscal impact to the City of $22,000. (Proposed Resolution No.
R06-181)
Commissioner McCray pulled item VI.I for discussion.
Motion
Commissioner Ferguson moved to approve all consent agenda items except those pulled for
discussion. Vice Mayor McKoy seconded the motion. The motion passed unanimously.
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VI.B.1. Regular City Commission Meeting - October 3, 2006
Commissioner McCray commended the City Clerk and staff for the minutes prepared with only a
1 % correction rate for not only the Commission, but also the advisory boards.
Motion
Commissioner McCray moved to approve item VI.B.1. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VI.I. Approve the reclassification of Code Compliance positions by one Pay Grade
resulting in a fiscal impact to the City of $22,000. (Proposed Resolution No.
R06-181)
Commissioner McCray thanked the staff for their efforts in accumulating the necessary
information on Code Compliance salaries.
Motion
Commissioner McCray moved to approve item VI.I. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A
Project:
Agent:
Owner:
Location:
Description:
B
Project:
Agent:
Owners:
Location:
Description:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514, 516, 518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet
of office/warehouse on a 6.77-acre parcel in the M-l Industrial
zoning district.
Attorney Cherof administered an oath to all those intending to testify and explained the
procedure to be followed.
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Eric Johnson, Planner, reviewed the project and the specific request for new site plan for three
buildings. The cell tower and billboard currently on the site would remain. The project had only
one point of ingress and egress. It met all the concurrency requirements and there was
sufficient water, sewer capacity and police and fire services available for the completed project.
The applicant agreed with all the conditions of approval. Staff recommended approval of the
industrial project. The only shortcoming for the site was truck access would be through a
residential community. Three alternative routes had been submitted to the Commission for
approval. The viability of all three routes was discussed.
Commissioner Ensler asked what authority there was for restricting truck traffic on all other
residential streets other than the designated truck route. Attorney Cherof advised the City
could designate other streets as non-truck routes. A designated truck route would allow any
trucks going to the property.
Jeff Livergood, Director of Public Works and Engineering, explained the potential need to
balance right-of-way widths and other impediments. Any roadway could be constructed to
carry truck traffic. Ocean Drive has the widest right-of-way and can safely accommodate
pedestrian sidewalks at a safe distance. Hibiscus Park was a concern; however, entrance down
Ocean Drive from 8th was the best of the choices. The truck route would be designated with
signs and weight restrictions would be enforced on alternate streets to discourage truck use.
Mr. Livergood had determined a railroad crossing further south would not be feasible.
Crockett Farnell, agent for the applicant, noted the site was unique and not geared to
handle large semi-trucks because loading docks were not available nor was a turn-around area.
The businesses using the project would most likely use large box type trucks and local delivery
service. The prior use included very large trucks with extremely heavy loads. The new use
would be a significant improvement. Mr. Farnell stressed the project was not a warehouse, but
envisioned small business owners. There would not be a great deal of manufacturing due to the
logistics for stocking supplies and retail would prohibit heavy product shipping. It would be
impossible to have any type of back end loading. The parcel to the immediate south has the
same owner but is essentially landlocked being only 30 feet wide at the north end and a pie
shape. Mr. Farnell noted once the truck route is designated the developer would work with the
City regarding the playground and any requirements to ensure the safety of the residents. The
applicant agreed with all the conditions of approval.
Mayor Taylor opened the issue for public hearing.
Shirley Jaskiewicz, 1917 SW 13th Avenue, expressed concern with the truck route as a
resident of the Leisureville development. She acknowledged the project would be a beautiful
addition to the area. She felt an entrance and crossing to the south would be a better route as
it would not involve any residential areas.
Mayor Taylor noted staff had investigated access through the southern end and had determined
the property to the south would not accommodate a road and the railroad would not permit the
crossing.
Sergio Casaine, 13 Meadows Park Lane, advised the Planning and Development Board had
discussed the traffic issue. The project would enhance the area and had been approved by the
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board. There were many unknowns still outstanding such as the type of businesses to be
established and the size of the trucks using the facilities, plus the need to reconstruct certain
roads. He cautioned the City needed to be prepared to deal with necessary constraints.
Herb Suss, Quail Run, questioned who would be responsible for the road improvements that
would be required. Mayor Taylor explained the developer would normally be responsible for the
infrastructure. Mr. Livergood noted there was a condition of approval that addressed the issue.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve item VIII.B. Commissioner McCray seconded the
motion.
Discussion
Commissioner Ensler needed further information relating to the restrictions on routes other than
the designated truck route. Mr. Livergood explained weight restrictions would be placed on all
other routes, once the designated route was established. Mayor Taylor declared there was
consensus of the Commission that route la would be the designated truck route.
Vote
The motion to approve passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Discussion of implementation of Utilities Department Water Supply Improvement
Projects
Mr. Bressner outlined the alternatives for the project based on the Brown and Caldwell report.
Option A involved construction and use of the Floridan wells, construction of the interconnect
between the two plants and commitment to the County for SM gallons of water per day for a
cost of $78M. The second option would include not going forward with the Floridan wells,
constructing the interconnect and the purchase of SM gallons of water from the County only
until 2013 for a cost of $60.SM. The third option involved proceeding with the capital
improvement plans of converting the West Plant to Floridan wells, construction of interconnect
and purchasing SM gallons day of water a day from the County until 2013 for a cost of $66M.
The last option is the same as the third with the exception the contract with the County would
be allowed to expire in 2010 and not pay any capitalized costs. This option would cost $63M.
Mr. Bressner advised staff recommended the third option. In the event the population
projections were altered or circumstances changed, the contract with the County could be
reopened in 2010. It would provide water from three sources and would be the safest option.
Commissioner McCray requested clarification on the fund balances and available monies. Mr.
Bressner noted the current fund balance for construction is $48.8M for all capital projects. It is
projected in the current fiscal year $2.7M will be collected from fees charged to developers for
capacity in the system and access to water and sewer. Interest earned on the monies would
amount to $1.4M. The expenses have been projected at $26.SM for construction leaving
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$26.3M in cash for the next fiscal year. For all capital improvement projects in fiscal year
2008/2009 a bond issue of $33M to $40M will be required. In 2009/2010 a similar bond issue
of $40M has been projected. Mr. Bressner stressed grant monies are not calculated into the
figures at this time, even though grant funds will be available. The debt service on the bonds
would come from user fees. The rates will need to be monitored closely to offset the expense.
Mr. Bressner noted changes to the rates had not been made since the mid 1990s.
Commissioner McCray indicated he would vote for the third option, but wanted it noted the
Commission was only the policy makers and the policy was determined based on the request of
City staff.
Mayor Taylor concluded the elimination of the storm water fee would reduce the revenue
stream by approximately $3M per year.
Commissioner Ensler supported the recommendation; however, he remained concerned about
the impact on user fees based on the entire program. He suggested an item be added to the
Future Agenda for a financial analysis showing the total program and the impact on user fees.
Changes in the priorities may be necessary to keep the user fees reasonable. Mr. Bressner
agreed and contended the rate analysis would provide information on the current revenue
stream, future revenue stream and verify the population data as it relates to the revenue
streams to meet the debt service.
Motion
Commissioner McCray moved to approve Option C as outlined by staff. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A Heritage Festival Update (November 8, 2006)
Commissioner McCray requested that the update include Neighborhood Services.
B. Schedule of all development fees and when payment is due (Tabled to
November 8, 2006)
C. Proposed Resolution No. R06-176 RE: Approving and
authorizing the proposed adjustments to the fee schedule for development and
related applications. (Tabled to November 8, 2006)
D.
Proposed Resolution No. R06-177
authorizing the proposed fee additions
(Tabled to November 8, 2006)
RE: Approving and
and adjustments for building permits.
E. Discussion of Public Arts Fund and Art in Public Places Program (November 8,
2006)
F. Authorization to use up to $2.5 million of Reserve Funds to initiate the work for a
Boundless Playground and other changes to the CIP - (November 8, 2006)
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G. New Space for the Police Department (November 21, 2006)
H. 60-day Waiver on Signs for New Businesses in the City (November 21, 2006)
I. Feasibility of Saturday hours for the Building Division (March 2007)
XI. NEW BUSINESS:
A. Addition of requirements over and above State requirements for board members
to recuse themselves.
Commissioner Ensler indicated his original intent was that any board members or their spouses
who either work for or have an interest in the company, would necessitate the board member's
recusal. Commissioner Ferguson did not feel the regulation could include spouses of board
members who were not paid. Mayor Taylor felt any personal gain would dictate recusal.
Attorney Cherof advised the Commission has the authority to establish a policy and raise the
bar for disclosure and its impact on voting ability. Vice M<lyor McKoy added the State already
has a policy that deals with the individual and the spouse that requires disclosure. Attorney
Cherof cautioned it did not prohibit voting on matters after disclosure.
Commissioner McCray felt another policy was not necessary. Commissioner Ferguson was also
opposed to the change. Commissioner Ensler contended four previous issues had arisen and
more integrity from public officials would be appropriate.
Mayor Taylor agreed a basic guideline was established by the State; however, a more stringent
guideline would eliminate any future questions. Alternate board members are available to vote.
Motion
Commissioner Ensler moved that any member of any board who works for a company or has an
interest in the company being discussed or considered must recuse themselves and step down
from the dais. Vice Mayor McKoy seconded the motion. The motion passed 3-2.
(Commissioners McCray and Ferguson dissenting.)
Motion
Commissioner Ensler moved that the same rules would apply for the spouse. Vice Mayor McKoy
seconded the motion. The motion passed 3-2. (Commissioners McCray and Ferguson
dissenting)
Attorney Cherof advised the matter would come back before the Commission in the form of an
Ordinance for first reading.
B. Proposed Resolution No. R06-182 RE: Indicating the City
Commission's intent to support the master developer of the MLK Corridor
Redevelopment Project and the City's intent to convey City owned property within
the MLK corridor area contingent upon successful negotiation of a master
development agreement.
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Commissioner Ferguson commented the project should be given all possible direction by the
Commission to move the project forward as quickly as possible. Mayor Taylor and
Commissioner Ensler agreed.
Sergio Casaine, 13 Meadows Park Lane, recommended the Commission support the
project and made the Commission aware there seems to be a lack of information and
knowledge relating to the plight of those individuals who did not qualify for financing.
Commissioner Ensler summarized the resolution that the City owned properties would be sold to
whoever is ultimately selected as the master developer. It is a commitment to the developer to
sell at a price to be determined in the future. Commissioner McCray stressed the resolution
does not obligate the City to a master developer.
Motion
Commissioner Ensler moved to approve Proposed Resolution R06-182. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - DEVELOPMENT - PUBLIC HEARING
BOYNTON BAGELS
1.
Proposed Ordinance No. 06-081
subject parcel.
RE: Annexing
the
2. Proposed Ordinance No. 06-082 RE: Amending the
Comprehensive Plan Future Land Use Map from Commercial High with
underlying Medium Density Residential of S du/ac (CH/S) (Palm Beach
County) to Local Retail Commercial (LRC).
3.
Proposed Ordinance No. 06-083
rezoning from General Commercial
Community Commercial (C-3).
RE: Approving the
(CG) (Palm Beach County) to
Attorney Cherof read Proposed Ordinances No. 06-081, No. 06-082 and No. 06-083 by title
only.
Mayor Taylor opened all matters for public hearing. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-081. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting)
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Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-082. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-083. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B. Ordinances - 2nd Reading - NON DEVELOPMENT - PUBLIC HEARING
1. Proposed Ordinance No. 06-078 Re: Establishing a
policy for naming City facilities within the City of Boynton Beach,
providing for the appointment of a committee to act in an advisory role to
the City Commission on the naming of City facilities.
Attorney Cherof read Proposed Ordinance No. 06-078 by title only.
Mayor Taylor opened the issue for public hearing.
William Orlove, 2459 SW Cranbrook Drive, spoke as the Vice Chair of the Recreation and
Parks Board. Mr. Orlove pointed out the board disagreed with the criteria that the person
should be non-living. The board also hoped when the advisory committee was named or
renamed it would include members of other advisory boards to lend their support.
Mayor Taylor felt it was not unusual for the criteria to be only those not living to avoid a
popularity contest among living contenders. Mr. Orlove pointed out a precedent had been set
when a facility at the Hester Center was named after Tommy Williams.
Commissioner McCray commented he disagreed with the criteria also and did not see the
possibility of a popularity contest as a problem.
Vice Mayor McKoy supported not eliminating the living. Commissioner Ferguson also felt it
would be a useful addition.
Mayor Taylor recalled the County limited the naming to an individual facility but not an entire
project or complex. Mr. Orlove reminded the Commission they would continue to have the final
approval.
Mayor Taylor closed the public audience.
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Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-078 with the change
including those living. Vice Mayor McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 06-079 Re: Amending
Chapter 18, Article II, Division 4 to amend Section 18-111 entitled
"Normal Retirement" to clarify the intent with respect to issuance of a
supplemental benefit (13th check).
Attorney Cherof read Proposed Ordinance No. 06-079 by title only.
Mayor Taylor asked for a short explanation of the Ordinance for the benefit of the public.
Attorney Cherof explained the Ordinance dealt with the issuance of a 13th check. State
regulations dictate the earnings of a pension plan must be reviewed cumulatively rather
annually. The current pension code for general employees implies an annual issuance of a 13th
check. The amendment will conform to the State statute.
Mr. Bressner did caution the standard would be more comprehensive and would result in a 13th
check being issued less frequently.
Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-079. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner McCray dissenting)
3. Proposed Ordinance No. 06-080 Re: Amending
Chapter 2, Administration, of the Code of Ordinances to add a new Article
X:V; Small and Minority Business Enterprises; establishing a program to
assist small and minority business enterprises in competing for and being
awarded City contracts; establishing procedures for designation of small
and minority business enterprise status; authorizing administrative action
to implement, administer and monitor program goals.
Attorney Cherof read Proposed Ordinance No. 06-080 by title only.
Mayor Taylor opened the matter for public hearing. No one coming forward, Mayor Taylor
closed the public hearing.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL October 17, 2006
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-080. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting)
4. Proposed Ordinance No. 06-084 Re: Adopting
proposed revisions to the Boynton Beach Administrative Amendments to
the 2004 Florida Building Code.
Attorney Cherof read Proposed Ordinances No. 06-084 by title only.
Mayor Taylor asked for a short explanation of the Ordinance for the benefit of the public
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-084. Commissioner Ensler
seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Approve proposed settlement of attorney's fees and costs for B. Douglas
MacGibbon, counsel for Doris Jefferson in the amount of $6,000.
Motion
Commissioner Ferguson moved to approve item XII.E.1. Commissioner McCray seconded the
motion. The motion passed unanimously.
2. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for Wade L. King (Parcel Nos. 118 & 126) in the amount
of $11,342.50.
Motion
Commissioner Ferguson moved to approve item XII.E.2. Commissioner McCray seconded the
motion. The motion passed unanimously.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 17, 2006
3. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for James Johnson in the amount of $6,940.
Motion
Commissioner Ferguson moved to approve item XII.E.3. Commissioner McCray seconded the
motion. The motion passed unanimously.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:45 p.m.
CITY OF BOYNTON BEACH
Yn.~
)
~"..~-
ATTEST:
~'!1 .
ith A. Pyle
eputy City Clerk
(102006)
16
DEVELOPMEN"r .RDER OF THE CITY COMMISSIC
CITY IJF BOYNTON BEACH, FLORIDA
OF THE
Development
P&Z
BUilding
Engineering
Occ. Lice...
Deputy City Cler'
. PROJECT NAME:
Ocean 95 Exchange Plaza
APPLICANT'S AGENT:
Mr. Crockett Farnell
-.-------.--
APPLICANT: Boynton Industrial, LLC.
APPLICANT'S ADDRESS: 565 East Hillsboro Blvd, Deerfield Beach, FL 33441
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 17, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 133,911 square feet of
office / warehouse on a 6.77-acre parcel in the M-1 Light Industrial
zoning district.
LOCATION OF PROPERTY: 514 though 518 West Ocean Avenue, which is located on the south
side of West Ocean Avenue, directly abutting the east side of the
C.S.X. Railroad tracks and the west side of Interstate 95 (see Exhibit
"A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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 App~I'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:
If) - t;lo - ()f,
-(J~ '1n ~
City Clerk
$:\PlanningISHAREDlWPIPROJECTS\Ocean 95 Exchange Park\DQ,doc
Exhibit "C"
Conditions of Aooroval
Project name: Ocean 95 Exchange Plaza
File number: NWSP 06-020
Reference: 3m review plans identified as a New Site Plan with a September 12.2006 Planning & Zoning date
stamlJ marking
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None X
PUBLIC WORKS - Forestrv and Grounds
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Ertgineering.
2. Provide Off-Site Roadway Improvement plans for the truck route to be used X
to access this project using Option IA (SW 8th St. and W. Ocean Dr.)
Roadway improvements may include, at a minimum, but not be limited to,
desigo of two 12-ft. travel lanes, drainage, sidewalk, sigoing, and striping as
required and determined necessary along the proposed truck route. Desigo
shall be finalized after public input and approval by the appropriate governing
boards and Commission.
ENGINEERING DIVISION
Comments:
3. At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all appropriate sheets.
4. Provide written and graphic scales on all sheets. Correct the written and X
graphic scale on the landscape plan so that they both match.
5. At time of permitting, provide a drainage plan in accordance with the LDR, X
Chapter 4, Section 7.F. The plan should include a sufficient number of
existing and proposed grades to indicate general flow patterns for stormwater
management.
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
COA
09/25/06
2
DEPARTMENTS INCLUDE REJECT
7. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
8. Palm Beach County Health Department permits will be required for the water X
and sewer svstems serving this project (CODE, Section 26-12).
9. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 gpm with 20 psi residual pressure as stated in the LDR,
Chapter 6, Article IV, Section 16, or the requirement imposed by insurance
underwriters, whichever is greater (CODE, Section 26-16(b)). The proposed
system looping for this project will leave a dead-end line approximately 400-
ft. in length. Re-evaluate the location and spacing of fire hydrants to see if
the furthest south fire hydrant can be eliminated. Excessively long dead-end
sections of main can lead to stagoation in the line and bacteriological growth.
10. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's sigoature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
II. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
12. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of OcculJancy.
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
14. Provide appropriate easements for the force main work within the CSXRR X
right-of-way.
15. Utility construction details will not be reviewed for construction acceptability X
COA
09/25/06
3
I
DEPARTMENTS INCLUDE REJECT
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application.
16. Replace 2-in. water main with 8-in. water main from the existing main in X
West Ocean Ave. to the proposed 900 or 8-in. tee at the north end of the
development. The City may consider allowing 6-in. water main for this
project if fire flow and domestic demands can be accommodated adequately.
Provide demand and head loss calculations supporting the desired main
diameter.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
17. Buildings, structures and parts thereof shall be desigoed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
sigoed and sealed by a desigo professional registered in the state of Florida
shall be submitted for review at the time of permit application.
18. At time of permit review, submit sigoed and sealed working drawings of the X
proposed construction.
19. Vertical accessibility to the mezzanine area shall be required per the 2004 X
FBC, Sections 11-4.1.2, 11-4.1.3(5) (New Construction) and Section 11-4.1.6
(Alterations).
20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
21. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
22. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
COA
09/25/06
4
I
DEPARTMENTS INCLUDE REJECT
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
23. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed shall be submitted at time of permit review.
24. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
25. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the buildiI1gjJ<'rmit application at the time of application submittal.
26. Submit irrigation plans at the time ofpermittillg. X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
Existing Trees List - Management Plan
Sheet L - 4
27. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place (2 Sabal Palms, 5 Live Oaks), relocated or
removed and replaced on site. The replacement trees should be shown by a
separate symbol on the landscape plan sheet L-4 of 4 (Environmental
Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2).
28. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). At the time of permitting, on the
landscape plan, indicate the total quantities within each categorv and their
COA
09/27/06
5
DEPARTMENTS INCLUDE REJECT
native percentages.
29. All trees proposed under any existing overhead electric power lines must meet X
the FP & L Ri"ht tree in the Ri"ht Place manual selection for small trees only.
PLANNING AND ZONING
Comments:
30. The maximum height allowed in the M-I zoning district is 45 feet, not 55 feet X
as indicated on the cover sheet and site plan tabular data. Correct the plans at
the time of permitting.
31. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 10.F.3.). This is especially pertinent for the
east building facades that would be visible from Interstate 95.
32. Correct the label for the Yellow Elder trees so that it matches the Plant List X
(on the landscape plan sheet L-3).
33. The monument sign proposed (at the southeast comer) and the directory sign X
proposed at the northeast comer of the property must be located at least 10
feet from the property line. Also, the monument sign must be shown on the
landscape plan with colorful groundcover plants installed at its base. Because
of the site's visibility to Interstate 95, staff recommends creating a Sign
Program for the entire development, which would include all sign type(s),
color(s), material(s), and location(s). All future site and building signage
would be subject to the Sign Program for the entire center.
34. The west fayade of each building is long, linear, and uninterrupted by any X
variations in height. This is the fayade that is oriented towards the railroad
tracks and the residential neighborhoods. Therefore, staff recommends
incorporating variations to the height to west elevation's parapet wall, similar
to that of the east facades. This would help to improve the appearance of the
west fayade because varying heights of the parapet wall would break-up the
linear nature of the buildings
PLANNING AND DEVELOPMENT BOARD COMMENTS:
Comments:
35. Board recommends that the Commission obtain approval for a second railroad X
crossing at the south end of this M-I zoned area.
CITY COMMISSION COMMENTS:
Comments: ~
COA
. 09/25/06
6
I
DEPARTMENTS INCLUDE REJECT
36. To be determined.
MWRlelj
S:IPlanningISHAREDlWPIPROJECTSIOcean 95 Exchange ParklCOAdoc
EX'BIT 0
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