Minutes 07-21-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, JULY 21, 2009
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Woodrow L. Hay, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m., gave the invocation and led the Pledge
of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Correctiuns
Mayor Taylor announced Senator Chris Smith would not be present to give his legislative update
due to a missed flight. A request was made to move Item XII.D.3 relating to the renaming of
NE 4th Street to St. Mark Place to accommodate Father Richard's schedule and consider it
immediately following the presentations. There was consensus for the change.
Attorney Cherof noted Items XII. Legal, A.l through 10 and D. 1 and 2 should remain on the
table pending further negotiations between the parties. Vice Mayor Hay asked for a status on
the items since they had been tabled many times. Attorney Cherof anticipated disposition of
the items at the next meeting.
Commissioner Rodriguez pointed out many citizens were present for the discussion on the
budget, Item XII.DA, and suggested it be moved forward on the agenda. It would be heard
following the VI. Consent Agenda.
2. Adoption
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Regular City Commission
Boynton Beach, FL
July 21t 2009
Motion
Vice Mayor Hay moved to approve the agenda as modified. Commissioner Ross seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross had attended the Boynton Beach Mental Health Initiative held at the Library
on Saturday, along with 40 participantst to discuss teen depression. The Initiative members
were very appreciative of the assistance offered by the City and would continue their programs.
She also noted the increase in circulation at the Library for the period April through June 2008
to 2009. Overall there was an increase of 18%; adults 11%, young adults 35%, juveniles 24%.
Commissioner Ross also announced the Green Community Alliance workshop on July 2ih at 6
p.m. at Intracoastal Clubhouse including speakers from various State and '"egional
organizations. It would be open to the public.
Vice Mayor Hay commented on Saturday he was present at Gulfstream Park along with County
Commissioner Abrams unveiling a campaign to eliminate cigarette butts on the bea(h. He
thanked the Sandsifters for keeping the beaches clean and urged others to join the efforts. He
quoted Commissioner Abrams' remark that, "There should be no cigarette butts allowed on the
beach. The only butts allowed on the beach should be those clothed by bathing suits."
Vice Mayor Hay also observed that the Department Heads should be accurate with the
information shared with their staff relating to the budget workshop. Erroneous information
should be clarified and corrected. He cautioned Department Heads should be more CClrefuI of
their remarks.
Commissioner Weiland inquired if the City Attorney would draft the proper information for the
first meeting in August to change the ordinance requiring a super-majority vote to fire the City
Manager and/or City Attorney. Commissioner Weiland implied the change to super-majority
had been done at I\1r. Bressner's request several years ago. The change would require only a
simple majority vote to fire the City Manager. Commissioner Weiland noted his request was not
a personal attack on the current City Manager. The recent budget workshops had miide him
realize if a change were necessary, it would be very difficult to accomplish and limited the
Commission's control. Commissioner Weiland commented Mr. Bressner had done many good
things for the City of Boynton Beach.
Attorney Cherof preferred there be consensus on the directive to draft an ordinance.
Mayor Taylor did not want to address the issue. Vice Mayor Hay concurred and contended for a
decision of that magnitude, a simple majority would not be appropriate. CommissionHs Ross
and Rodriguez were interested in seeing the information constituting a consensus of three,
including Commissioner Weiland.
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Attorney Cherof clarified the original ordinance pre-dated Mr. Bressner's tenure as City
Manager. It was originally proposed by a City Commissioner and not by the City Manager.
Commissioner Weiland apologized for his misrepresentation.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. Reschedule the regular City Commission meeting of September 15, 2009
to September 14, 2009 in order to combine it with the Fire Assessment
Public Hearing for the adoption of the FY 2009/2010 Annual Fire
Assessment Resolution that must be held on September 14, 2009.
Motion
Vice Mayor Hay moved to change the September 15, 2009 City Commission meeting to
September 14, 2009. Commissioner Ross seconded the motion. The motion passed
unanimously.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
None
2. Legislative Update by Senator Chris Smith, District 29
3. Presentation by Christine Francois for funds from BODA (Boynton Ocean
District Association) to Community Caring Center and Siste:- Cities
Program.
Chris Francois, 65 Spanish River Drive, Ocean Ridget explained BODA was started in 1997 to
assist the downtown merchants and is now defunct. The remaining members voted to dissolve
the non-profit organization and give the fund balance to other non-profits. One check for
$4,500 was presented to Sherry Johnson with the Community Caring Center and another check
for $909.54 was presented to Jeanne Heavilin with the Sister Cities program.
XII.D.3
Proposed Resolution No. R09-10S Re: Approving the
roadway name change of NE 4th Avenue, from North Federal Highway to its
eastern limits (just west of the Intracoastal Waterway), to be known as St. Mark
Place.
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Boynton Beach, FL
July 21, 2009
Mayor Taylor located the street: and explained the diocese was requesting the name be changed
to St. Mark Place. The only adjacent property owner, other than the City, was the Promenade
that faces Federal Highway. Their consent would be required.
Father Richard Floreck, St. Mark Church, 643 NE 4th Avenue, indicated the Church hnd been
at the location for approximately 55 years and the school for 52 years. The church has no
frontage on Federa! Highway to put up any signs to locate the facility. Father Floreck had
attempted to contact the Promenade for approval.
Commissioner Weiland inquired If the change would require a double sign indicating NE 4th
Street and St. Mark Place. Mr. Bressner replied it would be a permanent name change
requiring only one sign. Mayor Taylor noted staff had no objection to the change. Father
Floreck acknowledged the $1,400 fee.
Motion
Commissioner Hay moved to approve. Commissioner Weiland seconded the motion. The
motion passed unanimously.
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)
Maria Figueroa, 1630 NW 3nJ Lane, presented letters from three other families that had issues
with rehabilitation repairs and contractors, but chose to payoff the City and make their own
repairs. She submitted a letter from Governor Crist asking the City Attorney to investigate. Ms.
Figueroa had not heard from the City Attorney. She also submitted a letter addressed to Mr.
Bressner in 2005 explaining the problems and a letter from the Property Appraiser's office
correcting an assessment error relating to the structural changes. Ms. Figueroa alleqed her
children were experiencing respiratory problems that could be related to drywall and plaster
used during the repairs.
Vice Mayor Hay inquired if staff was aware of three other homeowners with issues and if their
complaints had been verified. The status on the request for lists of repairs totaling $46,000 and
365 other property owners receiving assistance was questioned.
Mayor Taylor recalled previous discussions and a letter written by the Figueroas after the job
was done initially praising the job and describing the home as a showplace. There is nc< money
available and no recourse four years later.
Vice Mayor Hay indicated his willingness to go to the Community Improvement Department for
the documentation on the repairs and get his questions answered. Commissioner Rodriguez
offered to schedule a visit to the home with staff and give a report to the Commission.
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Boynton Beach, FL
July 21, 2009
Sunny Garcia, 1630 NW 3rd Lane, suggested the City forgive the liens on the house and Ms.
Figueroa could get a second mortgage to pay for the necessary repairs. He felt confident there
were more dissatisfied homeowners who had repairs done and Commissioners should inspect
the work while it is being done,
Mark Karageorge, 240A Main Boulevard, commended Chris Francois for her many positive
contributions to the City of Boynton Beach and stressed it was appreciated. Mr. Karageorge
reported there was an event on July 30th called a "Mingle" at the Woman's Club, to network and
promote businesses on Federal Highway, CRA district and the downtown area. It was a joint
venture with the Chamber of Commerce, Community Redevelopment Agency and the City and
encouraged everyone to attend at 5:30 p.m. The fac;ade grants and loan programs thrOUgh the
Small Business Administration would be discussed for business growth and retention.
Herb Suss, 1711 Woodfern Drive, agreed with keeping the super-majority to remove the City
Manager and City Attorney. He also concurred with Vice Mayor Hay's assessment that the
format for the budget workshops needed to be changed, as well as decorum and res!1ect for
everyone. Mr. Suss had a problem with Commissioner Weiland leaving the budget wxkshop
and then returning. There was also a confrontation between Commissioner Weiland dnd Mr.
Bressner that was inappropriate. He alleged Commissioner Rodriguez made rude remarks to
Mayor Taylor and a Code of Ethics, as suggested by Vice Mayor Hay, should be implemented.
Commissioner Weiland responded there was no confrontation between himself and Mr. Bressner
as they remained at least seven feet apart at all times. After the motion and vote on the
millage rate, at least one other Commissioner stood up, as well as those in the audiencE', and it
appeared the meeting was over. He left the room and waited outside for transportation. When
others did not come outside, Commissioner Weiland advised he returned to the roorr., heard
Vice Mayor Hay speaking and sat down to listen.
No one else coming forward, Mayor Taylor closed the Public Audience.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Bldg. Bd. of Adj. & Appeals Ait 1 yr term to 12/09 (Tabled 2)
IV Ross Cemetery Board Alt 1 yr term to 12/09
III Rodriguez Cemetery Board Reg 3 yr term to 12/09 (Tabled 2)
Weiland Code Compliance Board Alt 1 yr term to 12/09
II Hay Community Relations Bd. Reg 3 yr term to 12/1C
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II Hay
III Rodriguez
IV Ross
Education & Youth Advisory Board
Education & Youth Advisory Board
Education & Youth Advisory Board
Alt
Alt
Stu N/V
1 yr term to 12/09 (Tabled 3)
1 yr term to 12/09 (Tabled 3)
1 yr term to 12/09 (Tabled 3)
Mayor Taylor
Library Board
Alt
1 yr term to 12/09 (Tabled 2)
Motion
Commissioner Rodriguez moved to table all appointments. Vice Mayor Hay 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 Meeting -- July 7, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve a piggy-back contract #RFP 2008-23 of the Town of Palm Beach
for "Cleaning and Evaluating Storm and Sanitary Lines and Structures".
The contract was awarded to AU I, LLC of Jacksonville, FL in the amount
of $1,248,938 plus a 10% contingency of $124,893.80 for a total of
$1,373,831.80. (Proposed Resolution No. R09-094)
2. Multi-award by manufacturer with primary, secondary, third, and some
fourth-place vendors, for the "ANNUAL PARTS/SUPPLIES FOR LARGE
TRUCKS AND MISCELLANEOUS EQUIPMENT", BID #047-1412-C19/MFD.
This year's expenditure will be $120,000.
3. Approve a contract for "CONSTRUCTION OF THE JAYCEE PARK
BOARDWALK", BID #053-2730-09(JA, to Palm Beach Marine
Construction, Inc., of West Palm Beach, FL for a cost of $210,000 and
include in the budgeted amount a 10% contingency of $21,000 fa:' a total
project cost of $231,000 (Proposed Resolution No. R09-095)
4. Approve a piggy-back on State contract #405-000-10-01 for the p:.Jrchase
of gasoline and diesel fuel products from Macmillan Oil, Mansfield Oil LLC,
SMF Energy Corp. and Petroleum Traders for use in City vehicles and
equipment for the remainder of the fiscal year for an annual expf'lnditure
of $1,941,532.
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Boynton Beach. FL
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5. Approve a piggy-back of City of Boca Raton contract #2005-066 which
was awarded to Hartzell Painting Contractors of Pompano Beach, FL for
painting the East Water Treatment Plant, One Million Gallon Water
Storage Tank and the Three Million Gal/on Water Storage Tank for a total
cost of $69,518AO. (Proposed Resolution No. R09-096)
6. Rescind the award of Bid #07-2110-09/JA to Kemp Group International
Corporation of Miami, FL for the "RE-BID FOR TWO YEAR CONTRACT
FOR SCHOOL CROSSING GUARD SERVICES. (Proposed Resolution No.
R09-097)
C. Resolutions
1. Proposed Resolution No. R09-098 Re: Renewing an
agreement with the Palm Beach Community College to provide for a
continuation of our Fire Rescue Department as a field training site for the
Paramedic and EMT programs.
2. Proposed Resolution No. R09-099 Re: Authorizing
the execution of an amendment to the Interlocal Agreement (ILA) with
Palm Beach County in connection with the voluntary annexation of the
Palm Beach Memorial Park and Sam's Club properties.
3. Proposed Resolution No. R09-100 Re: Declari'lg and
formally establishing a certain right-of-way known as the missing
connector roadway piece to NW 8th Court that has been in operation and
use for decades.
4. Proposed Resolution No. R09-101 Re: Accepting EMS
Grant C-70 in the amount of $50,000 from Palm Beach County
Department of Public Safety, Division of Emergency Management to
initiate a Gate Pre-emption Program for all communities within the City of
Boynton Beach that are equipped with electronic gates, certifying that
monies from the grant award will improve and expand pre-hospital
services in the Fire Rescue Department's coveraget not be used to
supplant: the Department's existing budget allocation, and meet the goals
and objectives of the EMS County Grant plan, and recognize the
additional funding source plus budget, and appropriate an additional
$50,000 for contractual services in the City's Grants Fund for the Fire
Rescue Department to expend the awarded grant funds.
5. Proposed Resolution No. R09-102 Re: Approving and
authorizing execution of Task Order No. U09-7-4 with Erdman, Anthony
and Associates, Inc., for a "not-to-exceed" amount of $743,145 for
design, bidding and construction management services on Section B of
the Wellfield Interconnection pipeline, plus an owner's contingenC'{ of 5%
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Regular City Commission
Boynton Beach, FL
July 21, 2009
in the amount of $37,157, to allow for changes in scope or unforeseen
conditions for a total amount of $780,302.
6. Proposed Resolution No. R09-103 Re: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public
Works/Fleet Maintenance and allow for the auction of the same.
E. Approve the return of the balance of a performance bond in the amount of
$256,300 for the Gateway Boulevard widening to a six-lane roadway froPl North
Congress Avenue eastward to Renaissance Commons Boulevard.
F. Approve the Fire Rescue EMS Division to implement the collection of current past
due and future past due EMS transport bills generated by the Fire Rescue
Department.
G. Accept the written report to Commission of purchases over $10,000 for the
month of June 2009.
H. Accept the Quarterly Report from the City Sustainability Team
Commissioner Ross pulled Item VI.H for discussion.
I. Direct staff to cease preparation of bid documents to procure contractual
garbage (solid waste) collection services from private sector businesses.
Commissioner Rodriguez pulled Item VI.I for discussion.
Motion
Vice Mayor Hay moved to approve the Consent Agenda with the exception of Items H and I.
Commissioner Ross seconded the motion. The motion passed unanimously.
VI.H Accept the Quarterly Report from the City Sustainability Team
Commissioner Ross brought attention to the report because it related to the Green Community
Alliance and the Green Task Force Initiative. All initiatives had been achieved within existing
budget constraints. She thanked staff who worked diligently with the Green Task Force and the
Green Community Alliance.
Motion
Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
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Boynton Beach, FL
July 21, 2009
VI. I. Direct staff to cease preparation of bid documents to procure contractual
garbage (solid waste) collection services from private sector businesses.
Commissioner Rodriguez requested the Commission allow other Commissioners to inq~ire and
have further discussions on the item. He suggested the item be tabled for a couple weeks.
Mayor Taylor cautioned many companies would like to take over the operation, but it would
mean dramatic increased rates for both residential and commercial customers. There would
also be assertions that the City employees would be hired, but the commitment would be short
term and ultimately jobs would be lost. Mayor Taylor would not support a change.
Commissioner Rodriguez maintained it was only exploratory in nature. Commissioner Ross also
wanted the information substantiated for comparison purposes. Vice Mayor Hay would not
support contractual solid waste removal and felt the negotiations should cease immE:diately.
Commissioner Weiland wanted to see the numbers to support the Mayor's contention and
satisfy the citizens that there was due diligence. He felt the quality of the current service
should not be compromised and the cost increased. A report from Delray on the cost of
privatization and public sector would be helpful.
Commissioner Rodriguez reiterated his request was only to table the matter and hold it in
abeyance until he could review the alternatives and report to the Commission on his findings.
Motion
Commissioner Rodriguez moved to table. Commissioner Ross seconded the motion. The
motion passed 3-2. (Mayor Taylor and Vice Mayor Hay dissenting)
VI. 0.5
Proposed Resolution No. R09-104 Re: Adopting a proposed
municipal millage rate of 7.3000 for general operating budget purposes for fiscal
year 2009-010, stating a rolled-back rate of 7.9035, and setting for the date time
and place of the first public hearing.
Commissioner Rodriguez presented his proposed budget. He thanked those who participated in
the budget workshop and commented the Commission was definitely passionate abo'Jt what
they do. He pointed out the millage rate was tentatively set at 7.3 mills and the workshops
resulted in savings uf approximately $500,000 with a millage rate of 6.7271.
The goals of the budget workshop were as follows:
./ No employee layoffs
./ No increase in taxes to citizens or business owners
./ Fund the new Fire Station and EOC
./ Maintain sufficient funds to reinstate 15 police officers, if necessary
./ Decrease the utility rate by 7%
./ Maintain funds to build a new police station
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Boynton Beach, FL
July 21, 2009
After discussions with Finance and the City Manager, Commissioner Rodriguez proposed the
following changes and estimated savings:
./ Five vacant positions that would not be filled n$212,219
./ Executive Deferred Compensation Plan n $123,000
./ Fire Station #5 staffing paid by Fire Assessment -- $348,597
./ Budget Workshop savings n $439,830
./ Business Meetings, Publications and Memberships reduction of 25% n $54,683
./ Total savings of $1,178,329
The adjusted millage rate would then be 6.5356, an increase of less than 8/10ths. Based on
the reduction in assessed value, it would equate to a 10% to 15% tax decrease to the citizens.
Commissioner Rodriguez proposed the City adopt the 6.5356 tax rate and reduce taxes for the
community, build the new police station, provide resources for the six additional firetlghters,
and reduce the utility' expense.
Commissioner Weiland expressed his appreciation of the work and effort of Commissioner
Rodriguez to submit budget figures.
Commissioner Ross requested clarification on the five positions that would not be filled.
Commissioner Rodriguez stressed the positions were vacant and would not necessitate any
layoffs. Mr. Bressner added one position was an electrician that was being shared between
Utilities and Public Works. The other positions are within Public Works and Recreat:on and
Parks and the Department Directors agreed the positions could be eliminated. A fire ir.spector
position, parks maintenance worker and library tech associate are three additional positions
being reviewed. Job sharing is being utilized to conserve resources.
Vice Mayor Hay thanked Commissioner Rodriguez for his work and reasserted the setting of the
base rate allowed time to review and investigate other opportunities for savings. He requested
the City Manager review the suggestions and examine the possibilities.
Mr. Bressner noted an expense of $1.1 million to fund the debt service for the new police
station would have to be added back into the figures. The current model assumes the police
facility would not go forward. The millage rate would increase minimally.
Mayor Taylor appreciated the work done by Commissioner Rodriguez. His goal was to bring the
millage rate to the lowest possible number and maintain some flexibility. There did need to be
a starting point and any tentative rate could not be increased, only decreased. Mayor Taylor
noted some memberships were required to maintain professional certifications. He supported
passing the 7.3 rate until all aspects of the proposal and budget had been reviewed again.
Commissioner Rodriguez stressed if the COPS grant were awarded, there would be an
additional $1 million available. Mayor Taylor indicated the grant award would not be made until
September. There were other items Mayor Taylor wanted the time to verify before c:,anging
the rate.
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Boynton Beach, FL
July 21t 2009
Dennis Heinrich, 1045 Coral Drive, contended there were many ways to cut co<;ts and
suggested a mandatory recycle program to generate revenue. He also suggested once-a-week
trash pickup could be implemented. There was also an issue with the canal in his backyard that
would not accommodate a boat or fishing due to algae, since he was paying higher taxes for
the waterway. Subcontracting the canal cleanup may be an option to get the job done.
Mr. Bressner added a statutory provision dictates when the assessed value of a home dips
below the market value; the property appraiser has to reduce the taxab:e value. If the millage
rate increases, the actually tax bill may not increase due to the reduced taxable value. Some
commercial and industrial properties may see a tax decrease. The economic crisis will not
subside until the last quarter of 2010.
Jayne Stroschein-Rousseau, representing the Realtors Association of the Palm Beaches,
offered the support of the Association in making difficult decisions. The Association requested
the millage rate not be increased over the 2008/2009 level and further reductions in costs be
sought. Any tax decrease due to falling property assessments should be awarded to the
individual property owner and not unfairly increased through a higher millage rate. Aoditional
costs to homeownership would impact the critical real estate market more. She urged the
budget fit the revenue.
John McGovern, 2620 Spiceberry Lane, indicated he attended the budget workshops and
heard many questions, but not answers that translated to dollars. He did not feel the
Commission had finished examining the expenditure items. Mr. McGovern contended there
were instances of duplication and triplication of services. Mr. Bressner sought specific examples
and Mr. McGovern offered there was a triplication of services in regard to Public Information
Officers (PIO) for Fire and Police and General Administration. The City has only one message
and does not need three PIOs. Deferred ompensation benefits was another area of Mr.
McGovern's concern and the Deferred Retirement Option Plan (DROP) that exceeded the Florida
Retirement System plan. They may be bargaining issues, but should be addressed.
Herb Suss, 1711 Woodfern Drive, recalled lowering the millage rate several years ago was
unrealistic and created a major part of the current economic stress. The water rates should
have been increased slightly each year to avoid the current increase of 33%. Having the lowest
rates in all areas does not translate to the best situation. Setting the rate at 7.3 was necessary.
Mr. Suss urged the Commission and citizens to be sensible to preserve the quality of lif~ within
the City and not lower the rates to dangerous levels. Not only current rates, but also future
needs have to be considered at this time.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner Weiland reiterated his feeling that some departments are overstaffed and others
need to be re-organized. It should be addressed as soon as possible.
Mayor Taylor reiterated he was willing to look at Commissioner Rodriguez's proposal and was
more than willing to reduce the rate further. Commissioner Rodriguez contended, in good faith,
the millage rate should be reduced. Mr. Bressner cautioned Commissioner Rodriguez's plan did
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Boynton Beach, FL
July 21, 2009
not include the debt service for the police facility. Barry Atwood, Director of Finance, advised
the additional debt would increase millage to 6.84+ for Commissioner Rodriguez's model. The
changes from the budget workshops decreased the millage rate to 7.03 with the grant monies
and debt service included.
Commissioner Rodriguez urged the Commission to make the necessary decisions and move on
with a millage rate of 6.9 that shows good faith to reduce the rate. Mayor Taylor and
Commissioner Ross desired more time to review the figures submitted and work with staff to
lower the tax rate as much as possible.
Motion
Commissioner Rodriguez moved to approve a millage of 6.9 tentatively until further cuts are
explored. Commissioner Weiland seconded the motion. The motion failed 2-3. (Mayor Tay/o0
Vice Mayor Hay and Commissioner Ross dissenting)
Mayor Taylor passed the gavel to Vice Mayor Hay.
Motion
Mayor Taylor moved to keep the millage rate at 7.3 and work to reduce it. Commissioner Ross
seconded the motion. The motion passed 3-2. (Commissioners WeIland and ROdriguez
dissenting)
Attorney Cherof noted Resolution No. R09-104 contained the 7.30 rate, stated the roll back rate
and announced the first public hearing when citizens could participate in the budget process
would be September 14, 2009 in Commission Chambers at 6:30 p.m.
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:
Description:
Zoning Permits and Verification (CDRV 09-005)
City-initiated
Request for interim amendments to the Land Development
Regulotions, Chapter 1, Article VIII (1st Reading of Proposed
Ordinance No. 09-032) and Chapter 2, Section 4,], to enable
the review for issuance of zoning permits and zoning verifications.
(1st Reading of Proposed Ordinance No. 09-033)
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Regular City Commission
Boynton Beach, FL
July 21, 2009
Attorney Cherof advised the request was a legislative item and not quasi-judicial. He read
Proposed Ordinance No. 09-032 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-032. Commissioner 'Neiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-033 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-033. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof advised there would be a second public hearing and opportunity to speak on
second reading.
B.
Project:
Non-residential uses within residential zoning districts -
Establishment of Pre-existing provisions and Related
Improvements (CDRV 09-006)
City-initiated
Request for interim amendments to the Land Development
Regulations, Chapter 2, Zoning, Section liCe), to establish
provisions, related improvements, and expansion limits applicable
to non-conforming churches within single-family zoning districts.
(1st Reading of Proposed Ordinance No. 09-034)
Agent:
Descri ption:
This item was also a legislative matter. Attorney Cherof read Proposed Ordinance No. 09-034
on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-034.
Vice Mayor Hay suggested rather than the new building being limited to 100% of the original
building, that it be restricted to the size of the property as long as the guidelines of the Code
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July 21, 2009
were met. Commissioner Weiland pointed out the relationship to residential areas cmd the
possibility of creating mega structures in those areas.
(Commissioner Ross left the dais at 8:08 p.m.)
Mike Rumpf, Planning and Zoning Director, explained the proposal did not allow for current
acquisition and expansion. It: holds it to current ownership and square footage was the
parameter chosen. Traffic flow couid be an issue. Changes could be dealt with on a case-by-
case basis and reviewed on the merits, if necessary.
Commissioner Rodriguez seconded the motion.
Vice Mayor Hay noted when the churches were built they were the focus of the community.
Presently churches can only be built along major arteries. Established churches are being
penalized. It should be modified to allow any re-building to be based on the size of the
property and not the current building.
Quintus Greene, Development Director, clarified the new regulations allowed a church tG double
in size, 100%. The rationale was neighborhood churches are small and minimize the adverse
impact of added size in residential neighborhoods.
James Baretta, 74 Baytree Lane, Architect, was pleased the issue of the small churches was
being addressed. Limiting the expansion to 100% of the existing size would be problematic if
the addition were a second story and the percentage of the lot used would remain the same. It
should be based on property area and not the building area. Churches in residential areas are
conditional uses and must be reviewed and approved. The proposed limitation is not necessary
because individual review would be required. Churches may expand by moving offices and
classrooms on a second floor and expanding the sanctuary on the first floor. Additional parking
mayor may not be needed.
Mr. Rumpf added the original ordinance was based on churches expanding with people out of
the area driving into neighborhoods. The impact would vary. It is sensitive to property
characteristics. The proposal would allow the pre-existing uses to grow to a certain point and is
more sensitive to the neighborhood than the individual churches doubling in size. T~ey are
non-conforming uses. Mr. Baretta noted when churches exoand they usually expand services to
their existing congregation.
Mr. Greene pointed out churches do add rooms, activity spaces and increase traffic flow
throughout the week. The proposed change would balance the re-build or expansion of the
church in proportion to the traffic flow in residential neighborhoods. Vice Mayor Hay did not
understand the need for limitations if the building would be built within the existing guidelines.
Mayor Taylor noted they are non-conforming uses and allowed to double in size. Attorney
Cherof noted the criteria for variances would not apply. Double the original size would be the
maximum.
(Commissioner Ross returned to the dais at 8:28 p.m.)
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
Vote
City Clerk Prainito called the roll. The vote was 5-0.
The matter would return for second reading and public hearing.
c.
Project:
Agent:
Owner:
Location:
Descri ption:
NE l1TH/NE 12TH Avenue Alley (ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11th Avenue and NE 1th Avenue, east of North
Seacrest Boulevard
City-initiated request for abandonment of an unimproved alley
right-of-way five (5) feet in width lying between NE 11th Avenue
and NE 1th Avenue, extending east from North Seacrest
Boulevard to an area west of Railroad Avenue. (1st Reading of
Proposed Ordinance No. 09-035)
Attorney Cherof administered an oath to all those intending to testify.
(Vice Mayor Hay left the dais at 8:30 p.rn.)
Kathleen Zeitler, Planning, reviewed the request and located the alley. If abandoned, the
property would be added to the Meeks and Andrews Addition subdivision lots located to the
south of the alley. The alley did not have any public purpose for maintaining the property as a
right-of-way. Continued City ownership would include associated maintenance and liability. All
City departments and public utilities were notified and no objection was received. A five-foot
wide utility easement would be required for City utilities. Staff recommended approval with one
condition, that it be dedicated as a utility easement.
Attorney Cherof read Proposed Ordinance No. 09-035 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-035. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0. (Vice Mayor Hay was not present.)
D.
Project:
Agent:
Owner:
Location:
J.R. Watersports (ABAN 09-003)
Seril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
/25 North Federal Highway
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 2 t, 2009
Description:
E.
Project:
Agent:
Owner:
Location:
Description:
Request for abandonment of an unimproved alley approximately
20 feet wide by 206 feet in length, totaling 4,135 square feet,
running north and south adjacent to and parallel with the Florida
East Coast (FEe) railroad. (1st Reading of Proposed
Ordinance No. 09-036)
J.R. Watersports (COUS 09-001/MSMP 09-002)
Beril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
725 North Federal Highway
Request for conditional use/major site plan modification approval
for conversion of two (2) vacant buildings totaling 7,419 square
feet to a new boat dealership including an ancillary
customization/service component in a General Commercial (C-4)
zoning district.
Attorney Cherof determined the applicant agreed to consolidate Items VIII.D and E for public
hearing. He read Proposed Ordinance No. 09-036 by title only on first reading.
(Vice Mayor Hay returned to the dais at 8:34 p.rn.)
Ed Breese, Principal Planner, reviewed the request for abandonment of an alley abutting 725
North Federal Highway adjacent to the FEC Railroad. A MasterCraft boat showroom and
accessory customization activities are planned. Overhead doors wil! face the alley. The
abandonment would offer greater circulation around the property and security. The ;]lIey no
longer serves the public for access purposes. Staff recommended approval with establishment
of an easement for utilities.
The conditional use and site plan modification was for conversion of two vacant buildings into a
new boat dealership with an ancillary service component. The owner's agreement with
MasterCraft requires a more visible location than on Industrial Avenue, their current 10cation.
The entire site would be landscaped with the required buffer areas with storage of any boats
behind a security fence. Staff recommends approval of the conditional use and major site plan
modification.
Beril Kruger, representing J.R. Watersports, presented pictures of the existing site. He
emphasized the customization included adding accessories. It did not include any re-building of
the boats or their engines. All work would be performed inside the building. It is strictly a boat
dealership with some service. Mr. Kruger assured there would be no parking on Federal
Highway and the showroom would include boats inside.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-036. Vice Mayor Hay
seconded the motion.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Motion
Commissioner Weiland moved to approve the conditional use and major site plan moditlcation.
Vice Mayor Hay seconded the motion. The motion passed unanimously.
F.
Project:
Agent:
Owner:
Location:
Description:
Southern Pine Lumber (MSPM 09-005)
Timothy J. Healey, Frontier Engineering, Inc.
Richard S. Kozell of Southern Pine Lumber Company
1100 West Industrial Avenue
Request for major site plan modification approval to add a 1,056
square foot modular office building and associated site
improvements and to demolish the existing 611 square foot office
building, on a 0.84-acre parcel in the M-1 zoning district.
Attorney Cherof administered an oath to all those intending to testify.
Mr. Breese reviewed the request to add a modular office building to the site. Southern Pine is a
long-time business within the City. The existing office building would be demolished and
replaced. A fence and landscaping would face Industrial Avenue. Staff recommended approval
of the request. The applicant agreed with all the conditions of approval.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
IX. CITY MANAGER'S REPORT:
A. (Intentionally left blank)
B. CRA Application, timeline and process
Commissioner Weiland explained his participation in email, discussing the application process
with Ms. Bright, Executive Director of the Community Redevelopment Agency, and his belief
that the Commission had established a format. Mr. Bressner indicated a mock application had
been devised and posted on the web page temporarily. There were emails with staff and Ms.
Bright reviewing the previous application and processes. Commissioner Rodriguez noted the
Commission never requested the old application be removed or changed or refuse applications.
The process should have continued.
Mayor Taylor wanted to table the discussion. Vice Mayor Hay agreed a process had not been
established. The focus should be the budget rather than the CRA application. Commissioner
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
Weiland recalled his remarks that the process should be delayed. Vice Mayor Hay reosserted
there was no immediate need to decide the issue.
Motion
Vice Mayor Hay moved to table the discussion until after the City budget. Commissioner Ross
seconded the motion. The motion passed unanimously.
Commissioner Rodriguez inquired if applications and resumes were being received. Mr.
Bressner contended it was important that resumes be attached.
Mayor Taylor countered that the application had not been approved so there is no application.
C. Historic Preservation Ordinance
Ms. LeJeune reviewed the information submitted by staff on establishing a historic preservation
ordinance and becoming a certified local government for historic preservation. The alternatives
were to proceed with establishing an ordinance, or not proceed, or continue with the review
from Planning and Zoning relying on the Land Development Regulations and not apply as a
certified local government. Staff was not making a recommendation at this time.
Commissioner Rodriguez questioned the impact on the property owner of a historic site. Mr.
Rumpf replied it would depend on the parameters of the ordinance. The suggestion was made
to create a Historic Preservation Board to review the alternatives and bring recommendations to
the Commission. The present Land Development Regulations apply to non-residential properties
that are pending development: or redevelopment and references a list. It does not encompass
the residential properties of the historic base. Mr. Bressner commented there was a significant
amount of legislation relating to historic preservation and many cities have done significant
research on the development of their ordinances that could be copied.
Barbara Ready, 329 SW 13th Avenue, encouraged the establishment of a task force that
would lead to an advisory board that could study the possibilities. The ordinance should fit the
needs of Boynton Beach. She pointed out becoming a certified local government would include
funding opportunities that require a meaningful historic preservation ordinance. Ms. LeJeune
added that any funding requires matching grants.
Vice Mayor Hay supported beginning the process for a historic preservation ordinance.
Commissioner Rodriguez reiterated that establishing an advisory board may be helpful. Mr.
Bressner suggested an ad hoc committee with a specified time span would be advisable.
Motion
Vice Mayor Hay move to proceed with Option 1 using an ad hoc committee. Commissioner
Ross seconded the rnotion.
Mayor Taylor directed the appointments for the ad hoc committee be made by the Commission.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
The motion passed unanimously.
D. Policy Discussion on construction of a new police facility
Mr. Bressner cautioned debt service funds had not been budgeted. The current status and
design had not been determined. Mayor Taylor and Commissioner Ross were interested in
seeing the response received on the RFP issued. Vice Mayor Hay favored the RFP process
continuing.
Motion
Vice Mayor Hay moved to go forward with Option 2 to allow the RFP to continue vVith no
obligation to accept proposals and decide at that time whether or not to go forward 'v"ith the
project. Commissioner Ross seconded.
Commissioner Weiland reiterated he did not feel it was the proper time to construct new
facilities. Commissioner Rodriguez contended with further reductions in the budget the new
police facility could still be viable. Commissioner Weiland asserted the millage could be lower if
there was more restructuring. Commissioner Rodriguez advised he was not in favor of any
increase in the millage rate.
The motion passed 4-1. (Commissioner Weiland dissenting)
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Oce(jn Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2, 117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-003 Re: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
2. Proposed Ordinance No. 09-004 Re: Approving a
request to annex the properties. (Northstar ANEX 09-001) (Tabled
on June 2, 2009)
3. Proposed Ordinance No. 09-005 Re: Amending the
Comprehensive Plan Future Land use Map classification on :i:41.19 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002)
(Tabled on June 2, 2009)
4. Proposed Ordinance No. 09-006 Re: Amending the
Comprehensive Plan Future Land use Map classification on :i:41.49 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
5. Proposed Ordinance No. 09-007 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled
on June 2, 2009)
6. Proposed Ordinance No. 09-008 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled
on June 2, 2009)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on :i:13.E~6 acres
of land from Medium Density Residential to Industrial. (New Urban
High Ridge LUAR 09-001) (Tabled on June 2,2009)
8. Proposed Ordinance No. 09-010 Re: Rezonitlg a
parcel of land located on the northwest corner of High Ridge Ruad and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District. (New Urban High Ridge LUAR 09-001) (Tabled on June 2,
2009)
9. Proposed Ordinance No. 09-026 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to create a waiver
process for minimum setbacks associated with ancillary fueling centers
with Planned Commercial Development (PCD) zoning districts annexed
into the City. (Tabled on June 2,2009)
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
10. Proposed Ordinance No. 09-027 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to allow Funeral
Homes with Cemetery in the Community Commercial (C-3) zoning district,
on parcels in excess of 10 acres. (Tabled on June 2,2009)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
NonE
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-037 Re: Amending
Ordinance 09-019 and the water and sanitary sewer rates established
therein; providing for a seven percent across the board rate reduction to
all rate categories.
Attorney Cherof read Proposed Ordinance No. 09-037 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-037. Commissioner Weiland
seconded the motion.
Mr. Bressner explained the Proposed Ordinance simply set the framework for a 7% reduction
without triggering !he actual process. A decision has to be made whether the attached
schedule of future adjustments should remain the same or reduce the base by 7% for the
future. If it remains the same in 2011 the rates will increase the 7%. The entire schedule
should be adjusted down. Commissioner Weiland stressed the greatest reduction in rate for the
homeowner should be adopted. Mr. Bressner disclosed it should be a proportionate increase in
2010 and 2011 if the reduced base rate is reduced forward at this time. Some projects may
have to be deferred regardless of the changes. The schedule of rate increases can be I'evisited
in 2011, if necessary.
Vice Mayor Hay and Commissioner Weiland agreed the motion should be amended to direct
staff to keep the 7% reduction forward in the base rate adjustments.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
1. Proposed Resolution No. R09-084 Re: Approvlllg and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexdtion of
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 2i, 2009
Northstar Palm Beach Property into the City boundary. (Tabled on June
2, 2009)
2. Proposed Resolution No. R09-085 Re: Approv:ng and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores CSam's Club") property into the City boundary. (Tabled on
June 2, 2009)
3. Proposed Resolution No. R09-105 Re: Approving the
roadway name change of NE 4th Avenue, from North Federal Highway to
its eastern limits (just west of the Intracoastal Waterway), to be known
as St. Mark Place.
(This item was moved forward on the agenda and heard out of order.)
4. Proposed Resolution No. R09-106 Re: Relating to the
provision of Fire Rescue Services, facilities and programs in the City of
Boynton Beach, FL imposing fire rescue assessments against assessed
property located within the City of Boynton Beach for the fiscal year
beginning October 1, 2008, approving the rate of assessment, approving
the assessment roll; and providing an effective date.
Attorney Cherof advised it was the announcement of the preliminary rate.
Motion
Commissioner Weiland moved to approve Proposed Resolution No. R09-106. Commissioner
Ross seconded the motion. The motion passed unanimously.
5. Proposed Resolution No. R09-104 Re: Adopting a
proposed municipal millage rate of 7.3000 for general operating budget
purposes for fiscal year 2009-010, stating a rolled-back rate of 7.9035,
and setting for the date time and place of the first public hearing.
(This item was moved forward on the agenda and heard out of order.)
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
22
Meetmg Minutes
Regular City Commission
Boynton Beach, FL
July 21, 2009
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor oroperly
adjourned the meeting at 9:16 p.m.
CITY OF BOYNTON BEACH
x.
,_.,",-~.,
....~......
-'
..
Ronald Weiland, Commissioner
ATTEST:
. ~'/.~
--r"~L; ('.' I.. ;-( [ / l / ,. / l. ...
j . Janet M. Prainlto, CMC
. 'd " City Clerk
l/t';'C'c7a"tc' /#:.1-
_.~:W>HaY/mmiSSi~n/,
/ /(d'1'~~,-c./~ ;~2 _~._-
Marlene Ross, Commissioner
/'., "{;;/'
__.j ", ,,-.... ( I . .
]\.a-dith A. Pyle, CMC"
,'Deputy City Clerk/
o
23
Proposed Budget Savings
Vacant PositionS that will not be filled.
Crew Worker PW.
Crew Worker PW
Parks Maintenance Worker
Custodian
Electrician
Fire Inspector
Parks Maintenance Worker
Library Tech Assoc.
Sub total
Benefits at 35%
Total Savings
Executive Defered Comp
Fire Station # 5 Staffing
Budget workshop Sav'lngs
Other (m,p,rn) 25%
Total Savings
Resulting Tax Rate
Current Tax Rate
Increase of
$36,000
$36,000
$28,000
$28,000
$29,199
$43,000 TeD
$28,000 TBD
$38,000 TSO
5157,199
$55,020
-
-
-
-
-
;~~l~8~;?:~':
6.536
6.4S5
0.080
~~
Does not impact salary
Paid with Fire II.ssessment Funds transfer
Primarily insurance savings
83,~89 Buss. Meetings
51,945 Publications
83,497 Memberships
Less Taxes for our community..
Oebt Sel'\llce Levy r-V 2.00l1-i19
General Fund Levy fY 200'.09
0,0260
'.4553
6.4803
IProjtctld Surplus (Oeftcl~l'l ^ltemate Tax Rates o;.:!tb $1,1M Gtant (S.lowl
L.e1l8 amQunt of potential COPS grant
IProJected SIIrplu9 (Oefielt) without S1.1M c;rant
Alternate Tax Rues
Tax Ratlllmpectot p'oJ~ttQ $\lrpIU6 (Deficit) without $1.1M G",nt
R:esultlng 'r'u R,tt
Projected InIU,' $urplus (Deficit) at Atternate Tn: RAton
Added Tranefel"l In From (Out to) Other Funda
Appfopti::lhQl'l {Rc<lucbon) of General FUnd Bslilne;e
Tran&fer from Fleet Funtl
Tr:lln'1'fer "om Capilal projecl:& (Option A) Oer~r Bouhdlc5S Playground
Tra"&ferfrom Capital Projeet$ (Option B) Proceed wrln BQur'lClh:$l; Playground
.Additional Transfer Solid Waste Fund
Tran.rer Ol.l( to Ol;bl&:Nice Fund for Police $\$\iOn (112 Year in FY 2:DO&-10)
Added Revenua.
eMS Blllino Revenue IncreaM (Uss 01 ColectiOfl Agency)
'Take kOmt Cllr Rt:imbUrliemeMs
Ener~y Block Granl
Library Finn (Average Annual Reve(lue$)
Reduced 6xpcndltu.....
2% Pay CuI AGrOS8 Board. suDjeet to CBA . Current rate option only
Rec.1\lee two hQlidil.Y~ (Prc-ildent's Oa~IXma" e"~).OT cost n::duced
".Day Work Week
Mgl P~e:knge Change. end buyout or 4 dayil; le:Jve
End longevity PTogr~!Yl (GlMetal Fund share only- total is $117,000)
Telephol'le Audn (faIUnln;'ty Finding_)
AN CUI of State TraVel
PQ*,liOn V.le<tncy FaCIOI' ~ General FuM
Program Cull;
PUblIC Affilil'$ Pi'OQrflm. Cut
Buildin~ Departmenl CI,J\$
Engineering Staffing Cut&
CU$t04l\ll $t1V~ Outsourud
Animal Control 10 County
Fire Prevention Program Culback
coo. Compliance Cutback
Library Prog~m CulDaelo;ti-
Reorsslion ProgramlFacjlllV CllU)a~1f.
Stop Head Stan Subsidy
SlOP Chiklren'. Ml,/n'l,/m Sllb.skly 1/2 year
Shopper Hopper/After $ehPOl iTJn$j)Ortatlon
Silvinl1& From "'boVil~ eut, :)0:)0 11,346,651
Total A.djuatmllntll Made at COl11mJt;,lon WO~'uihQP6 on July 14 & 15
Pr'Oje(ted Surph.lli ~Dllficit) lilt Alte,nate Tn Fla1,>>;
AtJd Back Hi Police Otficers
COPS Grant
Atkl Silt Add Fire: Fighter6 - ful coverage Station,
IproJetl~a s.U~PI\I$lo.flt.it) at Alternate Tax Rain wIth $1.1M Gr.nt
GENERA~ fUNO SUMMARY SHEET
(TAX RATE OPTIONS)
I Mo."" M(.uelfi2 Modl1lnA
Cllrrr.llr~i\I. MiUtJOinl Rilll!' City Mgr Recom
'.45n 1.17i4 1,3000
"OUttl.UO
eM Ree w/o flO
7.3000
Mt)(l.rl"
ROrlbacl("II(~
1.11035
I' 1.,343~3'18 1 ,';~';"",,-:," $ 2,121,80" $ i,Joe,SO' $ 1.14i,t!0-4
$ (1,100,000) 1 C1,1Gfl,OOOl 1 /1,1(tO,OOO) S (1,100,000) 1 (1,100,000]
S 143,3" 5 ;:35,804- S 1,02'U04 1 2,209,804 1 649.804
8.4553 'l':H94 1,~OOO 7.JDOO 7.903r;i
(1,0631 0,1148 (1.~64i O,S'T29 0.'686
~ LWI 2.W1 C) Ulli
1- 110,B2S,82t) 1 11,310,8:l9} 1 (?,9Z4.81') 1 (7,9~.,829' 1 (5,586.8%9)
S 3,500,000 $ 3,500,000 $ J,500,000 $ 3.500,000 1 2,000,000
1 1,500.000 S 1,500.000 S 1,500,000 S 1,500,000 S 1,5oo,QOO
1 1.'14-4,000 1 3144,000 . 3.14'4,000 $ J 144,000 S
$ 1 . . S 1.944,000
$ 1,500,000 1 1,500.000 $ 1,500,000 $ 1,500,000 $ 1,SOO,000
S (1,199,000) $ (1,1613,000) S (1.168,000) 1 . (1,1ee,OOO)
1 100,000 $ 4QG,OOO 1 400,000 $ 400,000 $ 400,000
S 45,000 $ 45,000 . 45,000 $ "15,000 S 45,000
$ 75,000 . 15.000 $ 75,000 . 75,000 1 7',000
$ 30,000 $ 30,000 $ 30,000 . :'0,000 . 30,000
$ 775,923 . $ $ $
1 95.000 S 95,000 S 95,000 . 95,000 . 95,000
1 150,000 . 150,000 $ 1S0,000 $ 150,000 $ 150,000
S 172,000 $ 1.72,000 S 172,OQO . 17'2,000 S 172,000
1 "2,500 S 72,500 S 72:,500 1 72,500 . '1'2,500
5 50,000 1 50,000 . :;0,000 I 50,000 S SO,OOO
$ 10,000 . 10,000 S 10,000 S 10.000 S 10,000
. 500.000 $ 500,000 . 500,000 . !i00,000 $ '00,000
Penonnel
, $ 134,000 . . S .
1 . 68,101 1 . . .
1 . 16,000 $ . . .
3 1 202,578 S . . S
3 . 192,160 1 . . $
1 . 65,000 . . . 1
1 . ~(j,OOO 5 . . .
2.3 1 G7,B6e S S $ $
, S 100,ll4'l $ 1 . 1
. 26,"00 S $ 1 s
15 $ 112.000 $ . . $
; S 250.000 $ $ s .
g 0
. 439,030 , 439,830 $ 4J9.eaO $ 1""' "3!),B30
$ 1,7~2,l;l7G 2,184,501 S 2.510,501 1 3,7611.&01 2,1~8,S01
,; S \' ,~CQ,t1QQ) . {1,200,OOO) $ (1,200.000) . 11,200,000) S (1,200.000)
$ 1,100,000 $ 1,100,000 $ 1,100,000 S 1.100 000 .L...1.1Q?,OOO
. (:J48,601) . (348,697) $ (34a,M7~ $ ('348,t9!,} . (34&,097)
~ 'I' 1i34:5;::I19 '" $ " -1 ;735 ;'104' 1 2,121;804 1 3,309,804 . 1,7"8,804
C:\OOGumcn'~ and Sc:ltjng~lJo.lil]\Locaj Sct1ing~\Tomporary Inlernel Fjl~\Comc:nt.IE5\W3SDCZ0VV\5_Budg!:COptiOrlt,_(7.21>r1J.;d$S Blldgel OpHons;ng;,.o:.iPl9:~ 2
GENERA~ FlJNO SUMMARY SHEET
ITAX RAT~ OPTIONS)
D~bl Serviclt Levy FY 2.008.0\ G,o-2St) MM.,.2 M(lttcl/ll3 A
Gr:nl)t;tl FUrld Levy PY zOOS-Ot G.4S53 Midpoil1tRlllil CltyMgrRiKQfT!
6,"803 7,1194 'r,lOOO
IPro;'~ted 5...fpl\.l$ (~Ih::ll) at Altern..tl~ T8I( Rates with $1.1M Grant (Below) I 1,3113,379 $ 1,73',804 I 2.121,1!I04 $ 4;048,402 I 2;48&,402
I..Ufo amOunt 01 p(flol'lti:a.l COPS gr..nt 5 (1,100.0001 I (1,100,000) I f1..DO,DGO) . (1,100,0001 5 {1.l00,GOCH
IPrc!ected SUll'lu& (DlIfic:it) without $1.1M G~Mt , 24~.3'1t $ 635,101 $ 1,02'1,804 2,9"'11.4412 . 1.:J88,402
MtemateTiIIJtR..te, 6.4553 7:tT94 7..... 7.~OOO 7.9036
hJ: fUtt Ir'l't",.ct of Projected Surl)luII (Deficlt) without S1.1M Grant 0.DB31 0..1648 0,2&49 G."~ O.3~9!J
R9Wlti"9 Tu R"\,, >.Jm ;:'lUJI Z.ll.W. UdU
ProjcQted Initial SurplulI (Deficitl at Alternate Tn RatH '$ \10..\\26.'2'3) . 18,:nO,829) I (7,124,829) I (7,924.8291 , (5,581,1129)
ACf(ttd Trall.fen III From (Out to) Other FUlld&
Appropriation (Reduction) 01' Ge-nt!l'ral FUnd ~Ia!'!ce , 3,500,000 $ 3,500,000 $ ~,500,OOO $ :UOD,OOO 5 2,000,000
Tran$f~~ f((:Im FIt4'1 Fund . 1,500,000 . 1,500,000 . 1,500,000 $ 1,500,000 , 1,500,000
Transfer tram Capitel Projecli (Option A) Dcft::r Bound\l=S$ PIOY~i('.\H\1.I . ~.H<'I,CO() , :l,'''''',OOO , 3,1"4,000 . 3,14.4,000 $
Transfer from Caplttll Pl'Ojt'ct$ (O"tion Bl Proceed wilt'! Boul\dless PlaygrOUnd $ $ , , , 1,9<'14,000
A~dilir)(lljll Tfansrer Solid Wute Fund . 1,500,000 $ 1,500.000 , 1,500,000 . 1,500.000 $ 1.5QO,OOO
't'fanM.~ O\1\toO.bl ~rW;e F\lnojforPo\i~ S\.\tiOn (112 )'ta( il"l PY 2009-10) $ (1.'lBB,OOO) $ (1,1B8.0001 , (1.168.000) I $ (1,1M,OOO)
Added Revenu~iJ
EMS Billing Revenus Inerca&c (Uec of Colleoction Ageney) $ <1:00,000 $ -100.000 $ 4QG,OOO $ 400,000 . tlOO,OOO
lake 110me C3f Relmtlursemenls 5 45,000 . 45,000 $ 45,000 . 46,000 . .45,000
Energy Bklck Grant I 75,000 I 75,000 . 15,000 $ '75,000 $ 75,000
Library Fine. (Average Annual Revenues) . ~O,OOC $ 30,000 , 30,000 , 30,000 $ 30,000
R,dlolCeo Expenditures
2% Pay CUI AeroH Board - 5ubjcet to eBA' Current ral~ aption on~ , 775,923 , $ $ $
~\1~ \we hQ\IQaYl \l1r~lderIh CayJXma8 'Eve)-OT coat reduced $ 95,000 . 95,000 , {lS,OOO . 95,000 I 9S,000
4.tlay Wor\!: Week $ 150,000 $ 150,000 . 1S0,000 , 150,000 $ 150,000
Mgt Pae~Qe Change -lliml t:luyovl of 4 r;Iays iea\le $ 172,000 . 1n.QOO . 112,000 , H2,OOO , 172JlOO
EnO 1.0(l~lW ~rogram (General Fund 'hare only- total ~ $117,000) , 72,SOO $ 12.500 , 72,500 . 7;1,500 , 72,500
Telephone Audit leu:nmt!l;l.fi!: Fif"\(fiflg~) $ 50,000 $ 50,000 . 50,000 . 50,000 $ 50,000
AI Oul 01 Slate Tr;JVt:i1 . 10.etm . 1D,000 $ 10,000 . 10,000 . 10,000
Po:t.lUcn Vacancy Feeler - General Fund $ 500,000 5 500,000 $ 500,000 $ 500,000 , 500,000
Program Cub ~.911l1!!
Public Affe."",- Pro'il~m - C\ll 1 . 134,000 $ $ . .
Build;I'lQ Ceparlmenl Cuta , . 68,101 5 . $ I
Engineering S~ffinQ Cutl> , $ 75,000 . $ , ,
CU$\C)QiaI Service OUlsourced 3 $ 202,57B , 5 . $
Animal Control to County 3 $ 192,160 , , I ,
Fire Pravention Prog~am CutbaCk 1 $ 55,000 $ . . ,
Code Compliant;c CutbacX 1 . 55,000 . , I ,
Librllfy program Clll~ck$ 23 $ ~'7,l;Ie8 I $ . $
R~Qliol'. Pl'Q~farnlPac\ltW CUlllack'!o 2 $ 10B,644 . $ $ .
Stop Head Start SUb5idy $ 28,000 $ . , .
SlOp Ct'!ildrcn'$ Museum Sul:lsidy 112 year 1.5 , 112,000 $ . , .
ShOPpt:=~ Hopper/Arter SCI100I Tranaponstion , $ 250,000 , . ~
SlIvingll From Above Cuts >> $1,:J4.6,661 U
TQUII AdJll,tments Made It Commission Workshops on Jllly 104 & 15 $ '139,830 . 439,830 , 439,830 t,179,4.28
Projected Surplus ('inflt.K} M A"t:(1'I~\-c 1'11)1: RIa, . 1,792,076 I 2,184,601 I 2,510,501 2,937,098
Add Bsck 15 Polic;e Officcn " . (l,200,m) , 11,200,000) . {1,200,QOO) $ {1,200,OOO) $ (1,200,000)
COPS Granl $ 1,100,000 , 1.100,000 !__J..100 000 $ 1.100.000 . 1,100.000
Add Six Add Fire Flghtel'$ . lull coverage Sntlion 5 $ jl4.,G97) , (34B,697) $ (341J,6~n $ (3~a,6Q7) , <"MG7)
!PwjMrted Surplus lCl>>iCit) (IJ\AItCrnate T.x Aates with 51,1M Grant II I 1'~343.379 $ 1~735,80.4 I 2,121,804 I 4,048.402 $ 2,411,402
C:\DQ(;;lf1'1'1!nt~ and SellingslJo6e\LO(;.ilI Set\J'\o~\Ten\porary Inteml:! File~;\ConlentIES\W3S0CZOW\5)~(jdgel_Options_(7-21HtJ ldsS Budget OPhongRalZ)&~ 2
Model #3: (Recommended Model) Impact of model: WITH IDENTIFIED SA VINGS:
1. No Employ_ layoff
2. No Tax Increase for our community
3. Six additional fire personnel hired to round out Fire Station #5
4. Suffl~ient reserve left to reinstate 15 police officers If City
does not receive COPS grant
5. Utility Rate Oecrease of 7% included in model
6. Includes New Poli~e Station Allocation
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Southern Pine Lumber
Developf1"l!":
p & Z
Bulldil1\j
Engineerinl;
Occ, Licenstl
Deputy City Clerk
APPLICANT'S AGENT: Richard Kozell
APPLICANT'S ADDRESS: 1100 W. Industrial Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 21,2009
TYPE OF RELIEF SOUGHT: Request for Major Site Plan Modification to demo an existing office, and
locate a new 1,056 square foot modular office structure and associated
infrastructure improvements in an M-1 zoning district.
LOCATION OF PROPERTY: 1100 W. Industrial Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER carne 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:
7 - (), 4 - oq
S:IPlanningISHAREDlWP\PROJECTSISouthern ::line LumberlDO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Southern Pine Lumber
File number: MSPM 09-005
Reference: 2nd review plans identified as a Major Site Plan ModIfication with a May 26. 2009 Planning and Zoning date
stamp marking.
DEPARTMENTS
11NCLl'DE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None
x
PUBLIC WORKS - Forestry & Grounds
Comments: None
x
PUBLIC WORKS- Traffic
!
I
I
Comments: None
x
UTILITIES
Comments: None
x
FIRE
Comments: None
x
POLICE
Comments: None
x
ENGINEERING DIVISION
Comments: None
x
BUILDING DIVISIO:\'
Comments:
1. At time of permit review. submit signed and sealed working drawings of the
proposed construction. At time of pern1it review, add a general note to the [
site plan that all plans submitted for permitting shall meet City's codes and I
the applicable building codes in effect at the time ofpemlit application.
x
I
I
I
Ir
2.
Pursuant to approval by the City Commission and all other outside agencies,
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.
x
3.
At time of permit review. show details of required handrails of the accessible
x
Conditions of Approyal
2
I DEPARTMENTS I INCLUDE I REJECT I
wood ramp and front steps.
4. Provide details on the step unit, including material. tread and nser X
measurements. Provide framing details and footing info for the steps (if
framed) and the wood accessible ramp system.
5. At time of permit review, provide modular building floor plan along with X
Florida Department of Community Affairs (DC A) approval and copies of the
insignias for the office units.
6. At time of permit review, provide details of office unit footings, foundation X
and attachment of the office units and / or chassis to the ground to comply
with the 140 mph wind loading.
7. A Demolition Permit will be required to remove the existing one-story office X
building.
8. Detectable warnings will be required at the base of the accessible wood ramp X
in accordance with the Florida Building Code, Building, chapter 11.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING A~D ZONI~G
Comments:
9. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
10. Should the proposed building additlOn' s permit valuation exceed $250,000, X
the applicant is responsible for compliance with Ordinance 05-060, the "Art
in Public Places" program, and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMEl\"T BOARD CONDITIONS
Comments:
1. None I X I ~l
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. If} 1'n\ n
S.\Plalllllllg'SIIARED\WP'..PROJECTSSouthem Pille Lumber\COA.doc
EXHIBI1f nAn - SITE LOCATION MAP
SOUTHERI~ PINE LUMBER MSPM 09-005
C-16 CANAL
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SITE DATA TABLE
111111 " r~DusrlWI. J.Vt
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u:c....~TIQ.',:;;
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EXHIBIT B
/
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u_ }Vest ]ndu~tri01 Avenue
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, ,-, ,p :~ :::OMIv1ERCIAL MUNI:::IPA'_ RESIDE"JTIAi...
.... _ ig~~ - -- ---------:-- I 5i, OET;::RSBURG TAMPA
:IF" -L - --=--~~' SOUTHERN PINE LUMBER BOYNTON BEACH
o ~.:I~~_-.~ -- .-=~~ GRADINC/[..1TIL1TY PLAN
chi ' '05/01/09,BO'r''<TON BVr:H COl.ll.l€I><~, DATEr" ~.1'7/ll'l rffW _
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----"
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
JR Watersports
==-'"
Oaveloprnont
p & Z
Building
Engineering
Oee, License
Deputy City Clerk
APPLICANT'S AGENT:
Beril Kruger of Beril Kruger Planning & Zoning Consultants
APPLICANT'S ADDRESS:
9 NE 16th Street, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request for Conditional Use / Major Site Plan Modification approval for
a new boat dealership and ancillary customization/service component
in an existing 7,419 sq. ft. building, in a General Commercial (C-4)
zoning district.
LOCATION OF PROPERTY: 725 N. Federal Highway
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 AP~~t
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
V'tRANTED 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: ~ &L/, <!)oaCf
S:\Planning\SHARED\WP\PROJECTS\JR Watersports\COUS 09-001\DO,doc
EXHIBIT "D"
Conditions of Approval
Project name: JR Watersports
File number: COUS 09-001 ,I MSPM 09-002
Reference: 2nd review plans identified as a Conditional Use ,I Major Site Plan Modification with a May 5, 2009
Planning and Zoning date stamp marking.
I DEP ARTMENTS I INCLUDE I REJECT I
PlTBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. Trees adjacent to sidewalk of North Federal Highway have to be a minimum X
of 10.5 feet clearance over the sidewalk (or any portion which is over the
sidewalk).
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that may interfere with
utility services, either in utility easements or public rights-of-way.
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. with 20 p.s.i. 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)).
4. The LDR Chapter 6, Article IV, Section 1 (i requires that all points on each X
building will be within 200 feet of an existing or proposed [jre hydrant.
Please demonstrate that the plan meets this condition, by showing all
(existing or proposed) hydrants.
5, Please show a11 proposed and/or existing easements on the engmeenng X
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-
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
33(e).
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
-
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
7. Indicate within the site data the occupancy type of the/each building as X
defined in 2004 FBC, Chapter 3.
8. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
9. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the follO\ving infonnation shall be
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 f(:lr sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
10. 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 hsted in the development order
and approved by the City Commission.
11. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
DEP ARTMENTS INCLUDE REJECT
I A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach. F]orida (Sean McDona]d--
561-233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard)-561-
734-0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
12. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot from the Federal Highway road right-of-way.
PLANNING AND ZONING
Comments:
13. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
14. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program. The applicant indicates the cost will not
reach the $250,000 threshold. Should the permit value exceed the threshold,
the applicant shall be subject to said regulations.
15. The list of gross floor areas on the Site Plan does not appear to correspond X
with that depicted on Sheet A-4. Please correct.
16. Rooftops will be treated as part of the building elevations. All rooftop X
equipment must be completely screened from view at a minimum distance
of 600 feet. Please indicate if any equipment is proposed above the roofline
and how it will be screened.
17. No boat may be displayed or stored forward of the shoVvToom or fence X
depicted on the site plan.
18. No repair or service work may be performed outside the service bays of the X
building.
19. The COUS/MSPM is contingent upon approval of the corresponding alley X
abandonment (ABAN 09-003).
I I I I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
20. All improvements depicted on the Major Site Plan Modification drawings X
are to be completed within one (1) year of the date of approvaL or the
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
Conditional Use approval shan be revoked.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. ~ I I I
S:\Planning'.SHARED\WI'\PROJECTSVR Watersports\COUS O'l-OOl\COA doc
EXHIBIT "A" - SITE LOCATION MAP
J R WATERSPORTS COUS 09-001/MSPM 09-002
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Landscape & ktigation plans tor. DESIGNED ey:
.JRWater sports CARTER&ASSOCIATES
UIIItSCAPE ARCHI1EC1S nee.
725 N.Federal HighwaY 7~>lL5ItIA\fE,DelraYIIe(>Ct1,n.~
Boynton Beach. Florida 5<\1-272-962\ \A 831
!:
JUSTIFIC4TION STATEMENT Furl J.R. WATERSPORTS SUBMITED TO Bu /NTON BEACH DEC. 19,2008
JUSTIFICATION STATEMENT
December 19, 2008
Ute 2 2
JR WATERSPORTS, (the "South Florida Premier Mastercraft BoatUDealershlp''), IS ___
applying for a Conditional Use for a new Boat Dealership at 7 25 North Federal
Highway, in Boynton Beach. "Mastercraft Boat Company is the premium
manufacturer of inboard wakeboarding, waterskiing, and luxury performance
boats." JR Watersports, a family owned dealership has been in business for seven
years. They are currently operating in a warehouse in an Industrial area west of 1-
95 at 1220 W. Industrial Avenue, Boynton Beach, where they have outgrown the
space. Master Craft told them that they must move to a main thoroughfare with
frontage and visibility to passing traffic.
The property they are purchasing is well known to the Planning and Zoning
Department as well as the Code Enforcement Department. The property was being
run as a "used boat sales" facility. It was an eyesore as the owner had boats
everywhere and it was a disgrace to the area.
JR Watersports intends to make this a first class operation because of the name
they represent and the clientele they cater to. We are removing the roll up garage
doors in the front of the building and replacing them with glass. The property will
be well landscaped and the buildings will be refurbished. The very wide driveways
will be reduced to code and the fence along N. Federal Highway will be removed.
The boats that JR Watersports sells and services are very expensive boats. All of
the servicing is done indoors in the shop and if any boats are kept outside, they will
be behind a fence on the north side of the building or behind the building. Most of
the new boats will be stored in inside the showroom. This property will be an
asset to the City of Boynton Beach and to the area.
D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and
development board and City Commission shall consider only such conditional uses
as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon the faithful
adherence to and fulfillment of such restrictions and conditions including, but not
limited to, the dedication of property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens' general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In evaluating an application
for conditional use, the board and commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make
written findings certifying that satisfactory provision has been made concerning the
following standards, where applicable:
l=XHIBIT C
JUSTIFICATION STATEMENT Furl J.R. WATERSPORTS SUBMITED TO Bu ,'NTON BEACH DE C. 19, 2008
1. Ingress and egress to the subject property and proposed structures
thereon, with particular reference to automobile and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe.
1 . Ingress/egress to the property will be from N. Federal Highway since the
property is in the middle of a block with frontage on the street. Customer parking
will be along the front of the building with employee parking on the north side of
the building behind the fence. Access to the building for customers is in the front
but access for the boats is either in the rear or on the north side. There will be an
ingress/egress for boats into the showroom through a glass door on the front of the
building. They are replacing a roll up garage door with a glass door since they
want to have visibility for boats on display in the showroom. All roll up garage
doors on the front of the building will be removed.
There is access to three sides of the building, west, north and east. There will be a
rolling gate across the north portion of the lot for access to the dumpster and the
rear of the building. We were told that we should abandon the alley in the rear
(west sidei of the building along the FEe Railroad tracks to give us more room. The
alley has been abandoned to the north already. I will be submitting the petition to
vacate/abandon just after submitting the conditional use petition so that they can
be concurrent.
2. Off-street parking and loading areas where required, with particular
attention to the items in subsection D.l. above, and the economic, glare, noise,
and odor effects the conditional use will have on adjacent and nearby properties,
and the city as a whole.
2. As I stated in paragraph 1, off street parking will be along the front of the
building and in the lot on the north side of the building. Boats being serviced will
be inside the building and those awaiting service will be either on the north side or
the rear of the building.
Since this property abuts the FEC Railroad tracks to the west, Amerigas to the
south and the blank south wall of the Marine Scenes Aquarium to the north, the
service area will not be affecting any residences or business. The properties to the
west of the railroad tracks are all automotive business. Since the railroad does not
serve passengers but only freight, the service area should not have any visual
impact. There will be a hedge, trees and a fence along the tracks to buffer the
service area from the other business.
JR \.^Jatersports sets up new boats before deiivery. I ne boats come completea
except for perhaps decals or options like radios, stereos, rod holders, etc. These
options are installed at JR Watersports. In some instances an engine will have to
..,
EXHIBIT C
JUSTIFICATION STATEMENT FUh J.R. WATERSPORTS SUBMITED TO BLJ i NTON BEACH DEI:. 19,2008
be replaced. If this happens, the new engme IS delivered to the shop and is
installed in the boat inside the building. These are all GM Chevrolet V8 engines.
Since this business mostly sets up new boats and does minor repairs, there will not
be any noise or odor impacts on the surrounding area.
These boats are not delivered on large trucks. The boats are picked up or delivered
to JR Watersports by being towed behind large pickup truck on a boat trailer.
Therefore, a loading are is not needed. The boat trailer is towed onto the lot and
dropped off in the rear of the building or on the lot on the north side. This is not
like a car dealership or a small boat dealership where large trucks deliver numerous
cars or boats at one time. These boats are delivered and sold one at a time so they
are delivered one at a time by a pickup truck towing a boat trailer.
3. Refuse and service areas, with particular reference to the items In
subsection D. 1. and D.2. above.
3. There is an existing concrete block dumpster facility already built on this
property. Weare trying to be able to use this facility as it is. We are hoping that it
will not have to be moved.
4. Utilities, with reference to locations, availability, and compatibility,
4. All utilities are in place on this property and do not have to be relocated.
5. Screening, buffering and landscaping with reference to type, dimensions,
and character.
5. Screening for this property will be a 5' landscape buffer around the property
with hedges and trees. Some of the trees (palms) that are existing on the property
will be relocated and new trees added. There will be a total of 24 trees, 5
relocated and 19 new trees. The ones that are to be relocated are 3 Royal palms,
1 Sabel palm and 1 Coconut. The new trees will be 4 Verawood trees, 3 Live Oak
trees, 5 Coconut palms, 5 Silver Buttonwood trees and 2 Purple Glory trees. The
plantings will include Fakahatchee grass, Simpson stopper, Green Buttonwood,
Yellow Ixora, Duranta Erecta Sapphira and Dwarf red crown of thorn.
6. Signs, and proposed exterior lighting, with reference to glare, traffic
safety, economic effect, and compatibility and harmony with adjacent and nearby
properties.
The pole sign on the edge of the right-of-way is to be removed and the sign will be
a wall sign Oil the front of the building.
7. Required setbacks and other open spaces.
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EXHIBIT C
JU5TIFICA TION 5T A TEMENT ~vh J.R. WA TERSPORTS 5UBMITED TO Bv /NTON SE.6.CH DE:. 19, 2008
7. Since the buildings on this property are existing and will not be removed, the
current setbacks will remain the same. The open space will be increased due to
the fact that we are abandoning the alley RoW to the rear which will be added to
this property.
8. General compatibility with adjacent properties, and other property in the
zoning district.
8. To the south of this property is Amerigas, a "propane gas" facility which fills
propane tanks and has some very large tanks on the property which can be seen
from the street, to the north is a Marine Scenes Aquarium, across the street to the
east are a vacant small retail building, a used car sales lot and a two story
residential looking art gallery. To the south of the propane gas facility is a large
Goodyear tire and repair facility.
JR Watersports, will be compatible to this area and will be an asset.
9. Height of buildings and structures, with reference to compatibiiity and
harmony to adjacent and nearby properties, and the city as a whole.
9. Most of the buildings in this area are one and two story buildings. JR
Watersports is and will continue be a single story facility. This will fit into and be
compatible with the area.
10. Economic effects on adjacent and nearby properties, and the city as a
whole.
10. JR Watersports should not have an economic effect on the adjacent business
but will be an asset to the area and the City as a whole.
11. Conformance to the standards and requirements which apply to site
plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations.
11. This project complies with all of the standards and requirements which apply
to site plans as set forth in Chapter 4 of the Boynton Beach Land Development
Regulations.
12. Compliance with, and abatement of nUisances and hazards in
accordance with the performance standards, Section 4.N of Chapter 2; also,
conforrni:lnce La the City of Boynton Beach j-.Joise Control Ordinance, Chapter 75,
Section 15.8 of the Boynton Beach Code of Ordinances.
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EXHIBIT C
JUSTIFICATION STATEMENT ~ vr\ J.R. WATERSPORTS SUBMITED TO Bi...J (NTON BEACH DEC. 19, 2008
12. JR Watersports will not generate any noise or hazards in accordance with
the performance standards. This is a clean and quiet business which will be an
asset to the area.
13. Required analysis. All conditional use applications for bars, nightclubs
and similar establishments shall include the following analysis:
13. JR Watersports does not fit into this category.
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EXHIBIT C