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Minutes 02-01-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, FEBRUARY 1, 2011 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez 8. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay Mayor Rodriguez called the meeting to order at 7:18 p.m. following the adjournment of the Special Community Redevelopment Agency Board meeting. Commissioner Hay offered the invocation and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross and Commissioner Hay did not have any changes for the agenda. Commissioner Orlove pulled Item 6.0. Commissioner Holzman pulled Item 6.8 and Mayor Rodriguez pulled Item 6.C. Attorney Cherof added a request for a closed-door session to discuss pending litigation. 2. Adoption Motion Commissioner Orlove moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Commissioner Holzman had nothing to report. Commissioner Hay had attended the Chamber of Commerce banquet and attended a town hall type meeting with Congressman Allen West. Commissioner Orlove announced the Sand Sifter's monthly beach cleaning at Oceanfront Park along with the formal ribbon cutting ceremony for the new boardwalk on the beach. Commissioner Orlove proudly announced he had won a second place with his pie at the homemade pie contest. He hoped the event could be expanded in future years. Commissioner Orlove visited Boynton Beach High School and spoke to various classes about local government. He also attended a Recreation and Park Advisory Board meeting. Vice Mayor Ross had also attended the Chamber of Commerce dinner dance and congratulated Glenn Jergensen and his staff on the successful event. She attended a breakfast at Galaxy Elementary School for community leaders and supporters of the school. The school is striving to be the "Greenest School in the Galaxy" and thanked Principal Joseph Snyder for the invitation. Vice Mayor Ross had attended the Mayor's Roundtable discussion with Senator Ellyn Bogdanoff at the Intracoastal Clubhouse. There was a pancake breakfast being held at Fire Station #3 on February 13, 2011. She had spoken at the COWBRA (Coalition of West Boynton Residential Associations) meeting. Vice Mayor Ross hoped the Climate Action Plan would be brought back before the Commission in the near future. Mayor Rodriguez had many announcements too numerous to review at the meeting. He did note under the Legal section there were five first readings of ordinances that would be presented by staff, discussed by the Commission, motions made and no public input until the second reading. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the South Florida Water Management District's Dry Season 2011: Proactive Measures Needed to Protect Water Resources. The presentation will be made by Laura Corry, Intergovernmental Representative of the Palm Beach County Service Center for the South Florida Water Management District. Laura Corry, Intergovernmental Representative of the Palm Beach County Service Center for the South Florida Water Management District, thanked the Commission for the opportunity to address the dry season. The strong La Nina influence from the Pacific Ocean results in a drier than normal dry season. It is imperative that water conservation ethics be developed to work together to preserve the water resources. 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 The Water District covers 16 counties with 7.5 million people living in the district, plus 30 million who visit annually. The District is mandated to protect the water resources, encourage water conservation and plan for existing and future water use for residents, agriculture and the environment. The past October has been the driest since 1932 and the driest October, November and December on record. The potential for wild fires has grown significantly. Most of the area is 30% below the predicted rainfall levels. Teams have been formed to deal with water shortages and reporting on all water levels. They can be fully activated if needed. Now is the time for water conservation. There is a year-round landscape irrigation rule for water sprinkling three times a week which is actually Phase I water restrictions. Further restrictions would only be imposed to mitigate against salt water intrusion, loss of crops, or lack of water needed for fire protection. Hopefully, working together, further restrictions can be avoided. The Water Management District focuses more on commercial compliance, while the municipalities more closely monitor residential compliance. B. Announcing the Movies on the Ave film for February 4,2011 Kathy Biscuiti, Special Events Director, announced the second movie in the Movies on the Ave series with the movie Inception showing on February 4th at the amphitheater next to the Schoolhouse Museum. Chairs and blankets should be brought. Belinda from "Tom's Ribs" would be catering for the month of February. C. Announcing the Ocean Avenue Concert for February 18, 2011 On February 18th, in the same area as the Movie series, would be a concert featuring Strictly Business, a local R&B band. Chairs and blankets should be brought and no pets are allowed. 4. 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) Don Scantlan, 13 Cedar Circle, invited the public to an event by the Boynton Veterans Council, honoring the Four Chaplains on February 6th at 2 p.m. at Temple Beth Kodesh, 505 NE 26th Avenue. Gary Fishman, 3504 Diane Drive, was very pleased with the treatment of the canals. He spoke on behalf of the residents on Diane Drive and South Lake Drive that were hopeful the spraying would continue. The canal drains from 1-95, South Lake Drive and Diane Drive serving a public purpose. Mayor Rodriguez commented the Commission had not withdrawn the services at this time. 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Charles Gaulkin, 8 Colonial Club Drive, spoke on the budget survey and objected that the survey is only open to residents whose principal residence is in Boynton Beach. As a part-time resident and a taxpayer, the exclusion is not justified even though it is an informal survey. It should be open to all taxpaying residents, not necessarily limited to a principal residence. Mr. Bressner agreed a modification was needed and he would have the wording corrected as soon as possible. Ralph DeVita, Jr., representing Ralph & Rosie's Restaurant and Lounge, spoke on behalf of his corporation with an appeal to the Commission regarding the foreclosure action filed by the City. The business located at 207 S. Federal Highway had been open for over 10 years. The Tiki hut onsite was commissioned by the Seminole Indians in 2007 and they had been sited for a Code violation although Florida Statute exempts the Seminole Indians from obtaining permits. A $500 a day fine had been assessed. It has been ongoing for three years resulting in a foreclosure date of February 22nd to take the land and business from the owners. Mr. DeVita appealed to the City Commission to vacate the summary judgment, cancel the auction and rescind any and all Code Enforcement fines imposed on Ralph & Rosie's until the issue is resolved There are over 1,000 Tiki huts in Florida built by the Seminole Indians with only this one zoning violation. A Code was enacted regulating Tiki huts five months after the one was built at Ralph and Rosie's. Mr. DeVita asked the City to review the matter since he faced losing his business, his property and ten years of mortgage payments. Linda Rattingdon, 625 Casa Loma Boulevard, spoke on behalf of Ralph & Rosie's property. She referred to a Palm Beach Post article that indicated the declining commercial market accounted for a large portion of the drop in property values. Yet the City of Boynton Beach was threatening to close a thriving business contributing to the tax base. Many commercial property spaces are empty throughout the community. Unemployment in the area is the highest in the State and yet the owners and employees will have their livelihood taken away. Ms. Rattingdon suggested, as a taxpayer, that the time, energy, effort and tax dollars spent on the issue would be better spent to develop strategies and incentives to bring business in to the area rather than drive businesses out. She asked the issue be revisited, revised or in some way negotiated so the business can remain and the employees employed. Stewart Kidney, resident of West Terrace Drive, Lake Worth, reviewed the documents relating to the Code violations for Ralph & Rosie's. Mr. Kidney chronicled the violations and noted the correct parking spaces are onsite and a fire lane is not required because there is fire retardant on the Tiki hut. The number of seats in the restaurant supports the current business as it is. A Florida Statute regulates Tiki huts and the City of Boynton levied $600,000 of fines irrespective of the S.tatute. The hut has no electricity. Mr. Kidney contended the City Code would not apply and the foreclosure is wrong. Victor Norfus. 261 Palm Drive, brought light to the Heritage Celebration in the month of February, Black History month. February 18th would be the annual "Night of Joy" at the 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Ezell Hester Center, 1901 Seacrest Boulevard. The Heritage Celebration would be held Saturday, 11 a.m. to 6 p.m. with various vendors and local entertainment at the Carolyn Sims Center. There are events along Martin Luther King Boulevard that will need the support of the CRA. Mr. Norfus reported special events were a task of the Community Relations Board at the direction of the Commission. He highlighted the community gardens and was proud of the project that would offset the expense of fresh vegetables that was very healthy. Michael Wymns, Colonial Club Drive, Building 12, was impressed with the new boardwalk at Oceanfront Park. However, the bathrooms lacked cleanliness and should be better taken care of inside and outside. He expressed his support of Ralph and Rosie's who work hard to keep their property clean. Mr. DeVita sometimes feeds the homeless in the mornings and recently sponsored support for a family who had lost a loved one and needed funds. He contributes to the City and Mr. Wymns urged the Commission to rescind the foreclosure action. His wife was of Indian descent and she took offense to the action against the Indian tribes. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Orlove moved to appoint Christine Moeller from an alternate to a regular member of the Arts Commission. Commissioner Hay seconded the motion. Mayor Rodriguez noted Ms. Richman was a regular member on the Board and had been absent from several meetings due to special circumstances and was pending removal from the Board. He asked that Ms. Richman be given special consideration. Commissioner Hay agreed. Commissioner Orlove removed the previous motion and offered a substitute motion to retain Nubia Richman on the Arts Commission as a regular member. Commissioner Holzman seconded the motion. The motion passed. Motion Vice Mayor Ross nominated Cory Kravit to the Planning and Development Board. Commissioner Holzman seconded the motion. The motion passed. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 1,2011 Motion Vice Mayor Ross moved to table the remaining appointments. Commissioner Hay seconded the motion. The motion passed. 6. 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. Approve the Minutes from the City Commission meeting held on January 18, 2011. B. Award Bid for THE PURCHASE OF PANASONIC CF-52 SEMI RUGGEDIZED LAPTOPS OR EQUAL BID #015-2110-11/JMA to OM OFFICE SUPPLY Inc. of Mechanicsburg, Pennsylvania, for 31 laptops for a total expenditure of $47,120.00 to be 100% purchased using the Edward Byrne Memorial Justice Assistance Grant (JAG) Commissioner Holzman had pulled this item for discussion. He asked if the grant was restricted to certain departments within the Police Department or limited to use within the Police Department or any other restrictions. Chief Immler responded the funds were restricted by use to technology within the Police Department. It would be the best use of the funds since the equipment has to be replaced. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. C. PROPOSED RESOLUTION NO. R11-019 - Approve the Interlocal Agreement with the Town of Hypoluxo for the provision of fire and rescue services. Mayor Rodriguez pulled this item for discussion. He inquired if the agreement was a renewal. Chief Bingham replied the agreement had been ongoing since 1990. The previous seven-year agreement terminated on September 30, 2010 and this is a new seven-year agreement. The pricing increases with a 4% multiplier each year as in the previous agreement. The cost is tracked annually using the budget dollars versus the calls in the area. Hypoluxo consumes 1.59% of the total call volume and they generate 1.66% of the total budget. Commissioner Holzman inquired if the service limits the services within the City of Boynton Beach. Chief Bingham explained with the call up patterns routinely used 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 throughout the day, the calls are handled without any impact at all. Mayor Rodriguez did not understand why a decrease in calls, if the agreement was not approved, would not decrease the need for staff. Chief Bingham replied 185 calls a year out of 11,592 calls is a very small percentage of the call volume limiting the impact. Commissioner Holzman questioned why a surcharge was not utilized for Hypoluxo to use the fire services. Chief Bingham did not know the answer. It is the same arrangement for all three interlocal agreements since 1988. Mr. Bressner indicated if it would be a policy direction from the Commission, the matter could be renegotiated. Since 1988, the agreements have included the 4% cost escalator. The only other agency that provides the same type of service would be Palm Beach County Fire Rescue. Delray does provide services to Gulfstream. Chief Bingham added the County is based on a Municipal Service Taxing Unit (MSTU) system. The same price is charged for fire rescue service inside the municipalities as the County charges based on the cost of providing the services. The rate is.4. Commissioner Holzman suggested if Hypoluxo would pay more to use County services, then Boynton Beach should charge more. Mr. Bressner would renegotiate if there was a new policy direction. (Mayor Rodriguez left the dais at 8:03 p.m.) Vice Mayor Ross agreed, but cautioned there was an element of goodwill that should be considered also. Commissioner Orlove did not see the need to renegotiate since their use of the services was commensurate with the price being charged. Motion Commissioner Orlove moved to approve the Interlocal Agreement. Commissioner Hay seconded the motion. The motion passed 3-1 (Commissioner Holzman dissenting). D. PROPOSED RESOLUTION NO. R11-020 - Appoint a five (5) member charter review committee. Commissioner Orlove had pulled this item for discussion. He was in favor of establishing the review committee, but wanted a timeline determined, scope of responsibilities and a deadline for reporting to the Commission. Motion Commissioner Orlove moved to have staff come back with a suggested timeline and scope of the review of the committee. Commissioner Hay seconded the motion. The motion passed 3-1 (Commissioner Holzman dissenting). (Mayor Rodriguez returned to the dais at 8:10 p.m.) 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 There was consensus to include the item on the agenda for March 1, 2011. 7. BIDS AND PURCHASES OVER $100,000 A. 1) PROPOSED RESOLUTION NO. R11-021 - Approve budget amendment (a) to transfer $185,000 from the Jaycee Park CIP Project and (b) to transfer $250,000 from the Oceanfront Boardwalk CIP Project for a total of $435,000 to the Congress Avenue Barrier Free Park Project and (c) authorize the transfer of additional savings, if available, (from the Oceanfront Boardwalk Project), not to exceed $400,000; Motion Commissioner Orlove moved to approve Resolution No. R11-021. Commissioner Hay seconded the motion. The motion passed. 2) PROPOSED RESOLUTION NO. R11-022 - Approve a contract with West Construction, Inc. for construction of Congress Avenue Barrier Free Park in the amount of $1 ,412,366 with a 10% contingency of $141,236 for a total of $1 ,553,602 (Bid No. 004-2730-11/CJD). Mayor Rodriguez requested the total cost of the project. Lori LaVerriere, Assistant City Manager responded the total bid award is $1.142 million with a 10% contingency for a total of $1.553 million. The budget for the project had been reduced last year. "Add alternates" were established that could be added when money was available. The master plan cost is approximately $10 million. Mayor Rodriguez clarified that the Foundation would continue to do fundraising throughout all phases. Commissioner Orlove indicated phases 2, 3 and 4 could be put on the CIP future budget also. It would be a partnership with the Foundation and the City and the project could move forward as the CIP allows. Motion Commissioner Holzman moved to approve Resolution R 11-022. Vice Mayor Ross seconded the motion. Commissioner Orlove questioned why West Construction was not certified as a woman- owned business when all contract information indicates the President is a woman. Jody Rivers, Parks Superintendent, was not sure what the County criteria was to be a certified woman-owned business West Construction had been certified as a woman- owned business, but was not currently certified as such. Commissioner Orlove questioned if only one subcontractor was a local contractor. Ms. Rivers advised subcontractors Country West Landscaping was out of Royal Palm, OW Recreation Services was out of Lake Worth, REP Services was the playground 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 1,2011 equipment, park furniture supplier throughout the City. East Coast Utilities is out of Lake Worth and Bosco Electric is in Boynton Beach. Mayor Rodriguez pointed out the contract requires specialized work and the qualified subcontractors may not be available. The motion passed. B. PROPOSED RESOLUTION NO. R11-023 - Approve "piggyback" of the City of Cape Coral contract (contract #: ITB-PW09-41/CH) with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. The contract period is from September 9, 2009 to September 8, 2012 with a provision to extend for 2 years. This contract will be utilized for the provision of sulfuric acid at an estimated annual expenditure of $230,000. The City of Cape Coral complied with Public Contract Bid requirements equal to or exceeding Boynton Beach's requirements. Commissioner Orlove inquired if other alternatives were being pursued. Michael Low, Deputy Director of Utilities, responded the City is under trial using an alternative chemical. The sulfuric acid used has been decreased by 50%. It is something other local utilities are attempting. The water source dictates the chemicals that can be used. Some sulfuric acid will always have to be used but reducing the quantity and cost is the ultimate goal. Motion Commissioner Orlove moved to approve Resolution No. R11-023. Commissioner Holzman seconded the motion. The motion passed. C. PROPOSED RESOLUTION NO. R11-024 - Approve extension of piggy-back of MANATEE COUNTY RFP #07 -5835FL for ODOR & CORROSION CONTROL SERVICES with an anticipated one-year expenditure of approximately $200,000. The County contract complied with public contract bid requirements equal to or those which exceed Boynton Beach's requirements. Motion Commissioner Orlove moved to approve R11-024. Commissioner Hay seconded the motion. The motion passed. D. Approve a 3.5% increase from Chemical Lime Company that was awarded the Co-Op Bulk Quicklime Bid # 005-2821-09!JA approved at the December 16, 2008 Commission meeting. The estimated expenditure for the City of Boynton Beach Utilities Department is $270,000 which includes the 3.5% increase. 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on-premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company (TABLED ON 1/18/11) Motion Commissioner Hay moved to remove from the table. Commissioner Holzman seconded the motion. The motion passed. Attorney Cherof administered an oath to all those intending to testify. Eric Johnson, Planner II, reviewed the request. The Code was changed last year to allow such use. Staff reviewed the application and determined it complied with all the standards for approval. There are two conditions of approval. A representative for the application advised he agreed with the conditions of approval. Staff recommended approval subject to the conditions of approval. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issued for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 10. CITY MANAGER'S REPORT A. Receive a recommendation from the advisory committee regarding the renaming of Jaycee Park. Mr. Bressner reported the committee had met, reviewed the matter and recommended leaving the name Jaycee Park. Commissioner Holzman understood one group had written advising they were willing to maintain the property and defray the cost of maintenance. He was concerned an opportunity to lower the cost basis would be lost. The Recreation and Parks Department would still be responsible to ensure certain standards were set and met for maintenance. With the current budget deficit, perhaps Jaycee Park and many other parks should be included in the Adopt-a-Park program. Wally Majors, Recreation and Parks Director, advised five parks have already been adopted. He pointed out Jaycee Park had been adopted by St. Joseph School and they provide in-kind services. Commissioner Holzman disagreed with the recommendation of the committee and favored the Rotary Club proposal. Motion Commissioner Holzman moved to authorize the renaming of the Park after the Rotary Club and accept their offer of financial support to defray the cost of some operations at the Park. Vice Mayor Ross seconded the motion. Commissioner Hay had attended the Recreation and Parks Board meeting and there was input from the community and the Board itself. Due to the historical value and name of the Park, there was support to not rename it. He supported the committee's recommendation. Commissioner Orlove concurred with Commissioner Hay and had also attended the committee meeting. There was significance to the historical nature of the name. Mayor Rodriguez questioned how the committee could determine the monetary justification was not sufficient to warrant renaming the park if the amount of monetary gain or loss had not been determined. Ms Rivers offered the committee felt, regardless of the monetary contribution, the historic name, Jaycee Park was the most deciding factor for their recommendation. Mr. Bressner added the letter from the Rotary indicates they would be willing to donate their time and talent, planting flowers, trimming hedges. They were offering in-kind services. Commissioner Holzman pointed out they also offered to submit a monetary requirement to secure the project. 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Vice Mayor Ross wanted clarification how renaming the park had become an issue. Mr. Bressner responded it was the receipt of two letters and not the suggestion of any advisory board. Commissioner Holzman disclosed he had been contacted by the Rotary Club rand had relayed the information to the City Manager. Commissioner Orlove disclosed he had also been contacted by letter, from the Rotary Club and had passed it to the City Manager. Mayor Rodriguez stressed a clear understanding of the monetary value should be considered. Commissioner Orlove stressed the SandSifters had adopted Oceanfront Park and they do a significant amount of work at the Park, but there is no indication of renaming the Park. Their efforts save the City money in terms of cleanup. An offer of money should not be a requirement for renaming a park. Adopting the park would be a viable alternative. Ms. Rivers indicated signage would be placed at the Park showing the park had been adopted. The committee consisted of members from various advisory boards. Mr. Majors advised the process used followed the Ordinance. Commissioner Holzman appreciated the historic value of the park's name. One of the biggest issues in Boynton Beach is an inability for the City to interact and partner with local organizations. Joining with the Rotary Club to monetarily assist the City would demonstrate cooperation with local organizations. It would be a way to offset the budget deficit. Mayor Rodriguez agreed with Commissioner Holzman and indicated the monetary contribution should have been considered. He suggested the City Manager determine what monetary amount the Rotary Club had in mind and if they were interested in the Adopt-a Park program. Motion Commissioner Holzman offered a substitute motion to that extent. Vice Mayor Ross seconded the motion. The motion passed 4-1 (Commissioner Hay dissenting). C. PROPOSED RESOLUTION NO. R11-025 - Approve a Voluntary Separation Program for non-probationary, full-time City employees from April 1, 2011, through May 31,2011. Mr. Bressner reviewed the request and commented it was essentially the same as last year, although it did not include the probationary employees. Attorney Cherof advised it included all employees whether they are on probation or not on probation that are full- time employees. Sharyn Goebelt, Director of Human Resources, corrected probationary employees are excluded unless they were hired before April 1 ,2010. It includes all full- time employees and non-probationary employees hired before April 1, 2010. Probationary employees that have moved to a new position or been promoted are included and can accept the program. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Mayor Rodriguez clarified the probation was not part of any disciplinary actions. Ms. Goebelt explained probation was not part of the disciplinary policy. They would be on probation if they were promoted, transferred or demoted. Mr. Bressner advised last year's agreement generated a net savings of $250,000 with 14 employees participating. Commissioner Holzman remembered two police officers had left that had to be rehired. Mr. Bressner explained the positions were replaced with a lower rate position. Commissioner Holzman wanted assurance that the program would not be rewarding bad behavior of employees in some type of disciplinary status. Ms. Goebelt advised there were no employees on any type of suspension. Motion Commissioner Orlove moved to approve Resolution R11-025. Commissioner Hay seconded the motion. The motion passed. D. Review and prioritize potential projects to be funded by unobligated EECBG funds and authorize city staff to submit an amendment to the original grant application for approval by the U.S. Department of Energy for the Commission approved project(s). Mr. Bressner reported there was grant money remaining that needed to be spent and staff had submitted several projects for use of funds. There are six projects proposed. Commissioner Orlove favored the upgrade for the Children's Schoolhouse Museum air conditioner upgrade for $26,236 and the remaining funds go for the facility occupancy sensor installation program or retrofitting some sort of solar panel system. The majority of the projects require studies and he wanted the money put to use now. He suggested another alternative would be at the West Water Treatment Plant and the use of the solar panels to charge the backup batteries. Mayor Rodriguez asked if a CIP project was set aside for the air conditioning system. Jeff Livergood, Director of Public Works and Engineering, explained the equipment was nearing the end of its useful life. The condensing units for the Museum are next to the Old High School. The refrigeration lines are underneath the ground and leaking. The money for the project was planned in the long range capital plan. The money could be taken out of small scale project funds. Commissioner Holzman favored the project relating to planting of canopy trees and increasing the beauty of the City. Considering there is a forester on staff, he did not understand why $60,000 should be spent for a survey. Ms. Rivers explained a tree canopy survey would put a GIS location on each tree in the City, its type, its size, potential age and tree canopy. It was not for a decision of where to put the trees, rather it is a methodical approach. Mr. Sressner commented the forester is assigned to the Development Department to do site plan reviews and technical assistance to Recreation and Parks. Commissioner Holzman agreed to spend some of the monies to retrofit the 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 buildings and use some money for trees to beautify the City and lower the "heat island" effect. Vice Mayor Ross reminded the Commission that water conservation is critical and the Palmetto Greenway east and west should be considered. Commissioner Hay agreed with Vice Mayor Ross. He commented there is quite a problem with irrigation by the Wilson Center and Palmetto Greenway after heavy rains. The water could be reclaimed, improve the water quality, decrease the diversion of freshwater from the wetland and other eco systems and reduction in the amount of ground water withdrawn resulting in many benefits. Mayor Rodriguez cautioned there is only $61,000 and choices have to be made. Mr. Bressner pointed out a partial project would be to install occupancy sensors in high traffic areas to reduce costs. Commissioners Orlove and Holzman's suggestions could be partial projects also. Mayor Rodriguez suggested the money be used for projects that have not had funds budgeted. He preferred the tree canopy survey that is City- wide would be very beneficial and would enhance grant applications. Mr. Bressner stressed the grant funds may not pick the project the Commission has selected. The request was tor priorities to be submitted for the grant funding. It is not a recurring process, rather the end of a funding source. Motion Commissioner Orlove moved to approve project 1 and move forward with project 7 to look at other quick retrofits that could be taken with solar or other alternative energy sources. He was not in favor of funding a survey. He preferred planting trees. Mr. Bressner added the work had to be done to obtain any future grants. Commissioner Hay seconded the motion. The motion passed 4-1 (Commissioner Holzman dissenting) . 11. UNFINISHED BUSINESS A. Review and discuss CRA rankings and appointment of seven member CRA Board. Commissioner Orlove contended it was time to move forward and make decisions. He proposed going down the list submitted and the Commission determine who will sit on the Board. He commented some Commission members had chosen not to rank certain applicants because some candidates may not be the best. He agreed, but wanted to move forward with the appointments and if seven could not be found among the applicants, the Commission could appoint others. Commissioner Holzman verified the intent was to include people who did not apply or did not make the top ten and disregard everything previously done. Commissioner 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Orlove concurred and pointed out some members of the Commission had disregarded the entire process since the rankings were not completed. Mayor Rodriguez stated for the record he did not rank any of the applicants because he felt it was urmecessary. The procedure did not have an average ranking and each candidate, regardless of the ranking, needs a motion and supporting three votes. The motion process makes the ranking irrelevant. Mayor Rodriguez reiterated it was not the right time to make a change and adding two members to the current Board would be better with the idea of replacing the other five members in the future. He was also disappointed with the ten interviewees because only four have come to CRA meetings and Commission meetings. Mayor Rodriguez stressed the eRA has an Acting Executive Director and the CRA has been in turmoil. There has been momentum in some projects that should continue. It would be at risk with seven new members who have not shown the effort or interest to participate. Commissioner Hay emphasized the Commission was again attempting to stall the appointment of an independent Board. He had been given the task of establishing a methodology that had been presented and agreed upon that was now not acceptable. The majority should rule and the rankings submitted used to appoint the board. Commissioner Holzman understood, by Statute, there were term limits associated with each seat. If the appointments move forward, would the term limits have to be considered or what process would be utilized? Attorney Cherof replied the first step would be the selection of the individuals and the agenda included a proposed ordinance that assigns s'pecific terms to ensure a rotation of Board members in the future. Motion Commissioner Hay moved to appoint the seven-member board based on the input received back to the committee and vote on them. Mayor Rodriguez noted there were no averages. They were individual rankings. The person ranked highest would be voted on first. Vice Mayor Ross seconded the motion. The motion passed 3-2 (Mayor Rodriguez and Commissioner Orlove dissenting). Mayor Rodriguez asked the Acting Executive Director for her opimon on seating a seven-member board. Vivian Brooks, Acting Executive Director of the Community Redevelopment Agency, stated her opinion had not changed from her previous statement. The creation of turmoil due to the six-month ramp up that would be needed at the same time five critical projects to the downtown would be ongoing. Timing is everything. Ms. Brooks had no preference between the Commission as the board or an independent board. She was 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 concerned the Agency was at a critical juncture of getting projects off the ground with the economy picking up. Some training would be needed. The small staff covering the current work load would be taxed with a six-month training process. The' Commission represents the citizens and handles the City budget that is considerably larger. It made sense to her to maintain the status quo to create a period of stability to be prepared when growth is possible. The wrangling has caused the CRA's image to be tarnished and investors to shy away. Promoting the City was very difficult. The Commission answers to the voters. To accomplish the pending projects, a great deal of staff time and detail work is needed and training another board would be extremely time consuming. More was being done with less and adding to the work load could be counterproductive. Mayor Rodriguez thought Ms. Brooks' position should be given value. He urged the Commission to reconsider their positions and make the change transitionally and organized with two new members. After there is stability and a determination who would lead the Agency, transition to an independent board would be more efficient. He suggested two members be added to the existing Commission and move on with redeveloping the CRA district. Commissioner Orlove reiterated he was attempting to design a hybrid board. He was not in total agreement with all the candidates on the list. The majority of the new board should be new people. Many of the candidates have been very involved and would be good stewards of the board. He suggested members of the current board could continue to sit on the new Board of the CRA to provide a less erratic transition. Motion Vice Mayor Ross moved to go beyond the ten listed. Attorney Cherof advised the motion would be out of order. The Statute provides the five Commission members can be the board or the five plus two other individuals or appoint a board of separate individuals of no less than five or more than nine. The suggestion that members of the Commission remain on the board is not an alternative available under the Statute. Mayor Rodriguez passed the gavel to Vice Mayor Ross Motion Mayor Rodriguez moved to add two members of this list to the current board and subsequently, when stabilization has taken place, to remove the five Commissioners and have volunteers. Commissioner Orlove seconded the motion for discussion. 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Commissioner Orlove sought clarification from Attorney Cherof on the Statute. Attorney Cherof reviewed the two provisions of the Statute that prevail. The first section is 163.357 that allows for the Commission as the Board or the Commission plus two independent members. The other section allows for a board of five to nine individuals. Commissioner Hay respected Ms. Brooks' opinion, but pointed out the Commission would make the final decision. He felt a great deal of time had been wasted going through the application and interview process if it was going to be disregarded at this time. The current Commission and CRA Board had little or no experience in local government before they became leaders and are doing a decent job. It is an insult to assert that the City of Boynton Beach does not have individuals capable of serving on the CRA Board. Appointing an independent board was a campaign promise of several candidates and he intended to keep his promise. He would not support adding two members to the current Board. Vice Mayor Ross understood the frustration and had made a campaign promise to appoint an independent board. She asked if seating five individuals would be a possibility. Attorney Cherof responded the current ordinance required seven members. A modified ordinance would have to be done before a lesser number could be considered. The range is five to nine members. John McGovern, 2620 Spiceberry Lane, was appalled by the lack of a true process. A non-ranked candidate could be given a zero in a mean to calculate based on five. Based on his view of the rankings, there would be three qualified individuals who could be seated with a score above the mean of five. It would be indefensible to dip below a mean of five given the mammoth nature of the task. Mayor Rodriguez responded the procedure did not allow for averaging or weighing any of the scores. Victor Norfus, 261 N. Palm Drive, emphasized this is the closest the Commission has gotten to the opportunity to allow citizens to have serious input. The ten applicants have spent their time in applying and interviewing and have been ranked, re-ranked and non-ranked. A vote has to be taken regardless of the personal rankings. He urged the Commission to appoint the members of the Board in whatever manner and get it done. Brian Edwards, 629 NE 9th Avenue, totally agreed with Mr. Norfus and added there was a twisted flavor coming out of the entire embarrassing process. If there are reservations about any applicant, it should be made public as the rankings and interviews have been public. Mr. Edwards had no doubt any of the applicants would be qualified to sit on the board. The problem was an ego problem and who wants the glory for the accomplishments in the City. The Commission acting as the CRA Board is the first conflict. The turmoil has been since the Commission has been the eRA Board. Selecting the Executive Director will also be a process with turmoil. He urged the Commission to move forward with appointing the independent board. 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Buck Buchanan, 807 Ocean Inlet Drive, was strongly in support of an independent board. The proposed scoring suggested by Mr. McGovern was absurd in his opinion- He asserted no ranking would get no score and it would be a simple matter of averaging. No one else coming forward, Vice Mayor Ross closed public audience. Vice Mayor Ross had hoped the seven members could have been selected and they would know they were fully supported by the Commission and City to keep the momentum going. It is difficult to witness the changing tide. She thanked all the applicants for their perseverance. Commissioner Orlove stated he was in favor of an independent board from the beginning. Based on the direction of the City Attorney there needs to be continuity. There are no egos involved. It is about moving forward and he had received comments indicating concern turning over an $8 million budget to people not in an elected office. He agreed with the Mayor's motion to bring on two members and slowly the Commission move out and have a new board move In. It would take small steps to take big c;teps in the future. The motion passed 4-1 (Commissioner Hay dissenting). Commissioner Orlove wanted to move the process forward and select the two new members. Attorney Cherof advised they could be selected, but the ordinance would have to be changed and they would have to be appointed at the time the ordinance was approved. Commissioner Holzman concurred with Commissioner Orlove. Motion Commissioner Orlove moved to appoint James Buchanan to the CRA Board. Commissioner Holzman seconded the motion. The motion passed. Motion Commissioner Orlove moved to appoint Mark Karageorge to the CRA Board. Vice Mayor Ross seconded the motion. The motion passed. Attorney Cherof wanted It understood the appointments are contingent upon the passage of the ordinance. 12. NEW BUSINESS A Consideration of request by Lake Worth Christian School to hold 2nd annual fundraising carnival on school campus - Applicant: Jim Adams for LWCS 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Mr. Bressner explained this was the second request to have an event. Last year there was concern regarding if the event would be successful and problem free. The event was highly successful and there was only one issue with an outside contractor. Staff supported the request. It has been decided the Commission would review these requests on a case-by-case basis. The event would be similar to last year. Motion Vice Chair Ross moved to authorize Lake Worth Christian School to hold its second annual fundraising carnival on the school campus. Commissioner Hay seconded the motion. The motion passed. B. Discussion regarding establishing a Special Events Advisory Board for the City Mayor Rodriguez explained this had been originally raised at the CRA Board level. He had brought it before the Commission because various events were being discussed and there seemed to be a lack of focus or centralization of all events. Some events get lost. It would be an opportunity to have all events planned out, discussed and budgeted at one central location with parties interested in the events. It could be started this fiscal year and budgeted for next fiscal year. Mr. Bressner thought it would be helpful to have a planning resource for these types of activities. It is a discretionary activity and an important part of the community. There have been individual event committees in the past. It could coordinate some activities the CRA has as well as events through Recreation and Parks. Commissioner Orlove preferred an ad hoc committee made up of members of the advisory boards already in existence such as Planning and Development, Education and Youth, Recreation and Parks, Community Relations and Arts Commission. The CRA has been more involved in the creation of special events. The hometown pie contest was a small event and could be added onto other events. He did not want to create another ordinance, rather get input from boards that already serve the community. Commissioner Holzman concurred with Commissioner Orlove and thought the talent was available within the advisory boards and it would promote cohesion within the boards. It could be a center for gathering information on events and see if the boards could assist with special events. Mayor Rodriguez saw the suggestion as having too many layers to be able to accomplish anything. Vice Mayor Ross thought it could interject some life into the existing advisory boards. Commissioner Hay thought there was merit to using the leaders from the various boards, but it could be an opportunity to get more people in the community involved and independent of the other boards. He totally supported the creation of the Special Events committee or board. 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Commissioner Orlove indicated it had been determined the Special Events Coordinator could not be burdened with this responsibility. Ms. Brooks advised the Coordinator had her full schedule set until after July 4th. Mayor Rodriguez eOnvisioned the events being City-wide and the CRA would only be involved with events in the CRA district. Commissioner Orlove perceived it as a group that generates ideas and discussion with CRA and City staff bringing ideas for a signature event or smaller events. Mayor Rodriguez argued a board would be continuous and searching for new and different things to do and build on experience. Motion Commissioner Hay moved to establish a special events advisory board for the City of Boynton Beach. Mayor Rodriguez passed the gavel and seconded the motion. Victor Norfus, spoke on behalf of the Community Relations Board, that it was the responsibility of the Community Relations Board to sponsor and participate in local events within the City that promote harmony and communication between all residents, such as the Holiday Parade, 4tl1 of July fireworks and Heritage Fest. The Board participates on behalf of the City. They have also focused on working on events outside of the CRA district. Direction from the Commission was needed how to focus all events towards the goals of the City. Commissioner Hay was concerned if the Community Relations Board was already doing the task, another board would not be necessary. Mr. Norfus suggested the Community Relations Board could assist in developing the Bpecial Events committee and their tasks to achieve the goal. Mayor Rodriguez felt the Community Relations Board was very different. The new board would have members with special events experience and ability to create excitement around the City. Barbara Ready, 329 SW 13th Avenue, as Chair of the Arts Commission, indicated events were rtiscussed and planned by them as well. She agreed the creation of a special events board would create a synergy by using representatives from each of the boards to bring a variety of ideas to the table. Mayor Rodriguez added the various boards all have ideas and plans that should be focused and planned collectively to create the most excitement in each and every event. Commissioner Hay did raise the point there are existing boards that are difficult to fill. Commissioners Holzman and Hay agreed the ad hoc committee would be the best avenue. 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 1. 2011 Don Scantlan, 13 Cedar Circle, suggested a hybrid approach with the Chair and Vice Chair of the new committee not be members of any other boards and the other members could sit on other advisory boards. Substitute Motion Commissioner Holzman offered a substitute motion to establish an ad hoc committee for special events that includes one member from the Community Relations Board, Recreation and Parks Board, Education and Youth Advisory Board, Arts Commission, Planning and Development for the next year and reassess after the first year. Commissioner Orlove seconded the motion. The motion passed 4-1 (Mayor Rodriguez dissenting) . 13. LEGAL A. PROPOSED ORDINANCE NO. 11-003 - FIRST READING - Approve revision of Chapt~r 15-8 titled "Noise Control" (Exhibit "A") Attorney Cherof read Proposed Ordinance No. 11-003 by title only on first reading. Scott Blasie, Code Compliance Administrator, recalled the matter had been brought before the Commission previously. The amendments had not changed. The plainly audible standards still apply and are in effect all the time. The time of operation was altered from 10 p.m. to 11 p.m. on weeknights. The weekend hours are 11 p.m. to 12 p.m. Normal conversation is 55 decibels and lawn mowers are 75 decibels. The receiving land use dictates the distance for the plainly audible standards. Commissioner Orlove addressed the enforcement, fines and warnings. Typically there is a warning for first offense according to Mr. Blasie. It does apply to private residences and rental facilities. Mr. Blasie noted another change was to define the weekends as Friday and Saturday rather than Saturday and Sunday. Commissioner Holzman suggested establishing districts and managing each according to uses could be helpful. Allowing less stringent regulations in some areas of the City could be beneficial to the restaurants, bars and businesses to avoid hindering commercial properties. Attorney Cherof advised there could be districts with different noise levels allowed because of the nature of the businesses and rJemographics. Although Mayor Rodriguez agreed with Commissioner Holzman in many respects he did not think the City had grown to the extent districts would be necessary. It may be for future consideration. The proposed changes should be sufficient. 21 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Motion Commissioner Hay moved to approve Ordinance No. 11-003 on first reading. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 11-004 - FIRST READING - Approve an Ordinance titled "Live Entertainment Permits" Attorney Cherof read Proposed Ordinance No. 11-004 by title only on first reading. Mr. Blasie mentioned the goal was to be as transparent as possible working with the communities who have voiced concerns about loud noise and live entertainment. Staff had been directed to revisit three issues. The fees were reduced from $1,000 to $200. The second issue was to have staff review rather than Commission review on applications. The third issue was comparative analysis with neighboring communities. There was no evidence of any effort in neighboring municipalities. The ordinance was not designed to address residential parties. The noise ordinance would apply to residences. The Live Entertainment Permit would initially cost $200 and a $50 renewal fee. The business owners agreed the cost was affordable. The goal was to manage how the businesses operate up front and was very similar to Business Tax Receipts. Vice Mayor Ross disclosed she had met with Mr. Blasie and representatives of many restaurant owners from Renaissance Commons. Mayor Rodriguez felt the fees were acceptable. Motion Commissioner Holzman moved to approve first reading of Ordinance 11-004. Vice Mayor Ross and Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 11-005 - FIRST READING - Approve the appointing of seven members to the CRA Board 22 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Motion Commissioner Holzman moved to delete. Commissioner Orlove seconded the motion. The motion passed 4-1 (Commissioner Hay dissenting). D. PROPOSED ORDINANCE NO. 11-006 - FIRST READING - Approve establishing an Historic Preservation Property Tax Exemption Program for the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 11-006 by title only on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. E. PROPOSED ORDINANCE NO. 11-007 - FIRST READING - Amend Land Deveiopment Regulations Chapter 1, Article VII Administrative and Decision Making Bodies, Section 4. Historic Resources Preservation Board, paragraph B. Establishment, Composition and Terms, revising the second sentence stating that "Members need not reside or have a principal place of business in the City" Attorney Cherof read Proposed Ordinance No. 11-007 by title only on first reading. Motion Commissioner Orlove moved to approve Ordinance No. 11-007. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. F. Request for closed-door session. (Added to the agenda) Attorney Cherof requested a closed-door session at the next Commission meeting to discuss strategy associated with the Ralph & Rosie's litigation which is a completed Circuit Court case, but on appeal to the District Court. There is a foreclosure sale date for the property on February 22, 2011. 23 Meeting Minutes Regular City Commission Boynton Beach, FL February 1, 2011 Motion Commissioner Or-love moved to go into an executive session to discuss agenda item 13.F at 6 p.m. on the next Commission meeting, February 15, 2011. Commissioner Hay seconded the motion. The motion passed. 14. FUTURE AGENDA ITEMS A. Amendment to Police Officers' Pension Trust Fund - 02/15/11 B. Willis Retirement Services (SageView Advisory Group) Plan Review - TABLED 01/18/11 - Bring back 02/15/11 C. Discussion of local transportation options - 03/01/11 D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) E. Geographic boundaries for City of Boynton Beach voting districts - (TBD) F. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjOurned the meeting at 10:25 p.m. (Continued on next page) 24 Meetina Minutes '" Regular City Commission Boynton Beach, FL February 1, 2011 ATTEST: .P~ J let M. Prainito, MMC jty Clerk ~~ Deputy City Clerk CITY OF BOYNTON BEACH Marlene Ross, Vice Mayor ,/:.~ IlIia Orlove, Commissioner ", ?/; //~<en~ 1 ~~mmi . ) ./ 25 DEVELOPMF "" ORDER OF THE CITY COMMIS~ CII i OF BOYNTON BEACH, FLORIDA IN OF THE Development P&Z BuildIng EngIneerIng Occ. Licen.. Deputy CIty Clerk PROJECT NAME: Boynton Town Center Dry Cleaner APPLICANT/AGENT: Mr. Mike Hagan with the Sembler Company ------...---.- APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Atlanta, GA 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a dry cleaner in the SMU district with on-premises cleaning and laundering. LOCATION OF PROPERTY: 910 North Congress Avenue 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 v'1-IAS 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 Applicarj'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: ~ -,:3- II S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\ EXHIBIT "A" - SITE LOCATION MAP BOYNTON TOWN CENTER DRYCLEANER (COUS 11-001) SMU 330 165 0 r"""I-. -_ 330 660 990 1,320 5 I Feet EXHIBIT "B" :1 f. . 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I I r~': i I ~ Iii ~ ..-"t-'-- :t::..".... n-~ ~ -T-rT~- ~'Jt ~ ~ ..,. //, r--il ~ _______________ _______________ . , "" :~ -- -------------- ---------------- -,.< ._----=---=---==-:-==~- ~-----------_../" - - = =, ...-.. . - .-. - . -- ~...,.~.-~-'-~ -..." '==:=~-,-7 CONGRESS AVENUE PROPERTY UNE """"'"""--' J____ ----------------- ---m-.EXHIBIT "B" .~i.~ r.: ~. . - . , ~ ~ I. ' -. I L ___ , BOYNTON VILLAGE. SMU ':'1':., DEVElOPER, (1 .f,.,;" 950 CONGRESS AVE.. L.LC. (.oJ te3- p^1.2 8(....,... COo;tiW ~1.0Rl!>" EXHIBIT "8" " '" ~ f " : - 1$ .." l" '-' , " t' . U'. ~- ~ .'.:' , ~ '~ : .;. ; ~ ;...; ~. "" fiE: ~ ,t:' - ''1'. 7 ~ ~ ;; ... -'--1 r' ~.~:": .- .... I!II *';;; t\~, --- "' r ~ '"';; ~ .;; :.<: " , /~ ...; ,.. .. ... '" .. - ~ '/ '" '" .. i: ,", .... !lI ~.~ ~ :> ~ ;::: ~ ' ~ - , '," ;... ,.. ~ r. ' i. " '" ~ ... ;r ... ~ i. , c ., >- " :~' t:' .. , .. " ;,. ::- .. , .' -, '- .' " '- "'" :.;, ~ ... f i; " ~ , '. " ~ ... 0< ~ :t " -J:. '.I;. ,.,. ~, ~ . .:.. '" ""i:"i~;3 ~ ~. - ') f.:li~',!;M s:::E .2 0) _ s:: CIS .- C)"C 0= ..J~ ~m (1)0) c: c: CIS .- (I).... - II) 0')( ~w C .5 ~. otf' ;.J~' i?' . .... EXHIBIT "C" Conditions of Approval Project name: Boynton Town Center Dry Cleaner File number: COUS 11-001 Reference: See Exhibit "B" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Pursuant to Chapter 4, Article III, Section 3,A,9, all rooftop equipment, including fans which may be required because of the dry cleaner, shall be X completely screened from view at a minimum distance of 600 feet. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2, Pursuant to Chapter 2, Article II, Section 2.C.S, a time limit is to be se1 within which the proposed project IS to be developed. Staff X recommends that a period of one (1) year be allowed to obtain a Business Tax Receipt. PLANNING AND DEVELOPMENT BOARD Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4, To be determined, ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COA.doc