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Minutes 08-16-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, AUGUST 16, 2011 PRESENT: Jose Rodriguez, Mayor William Grlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez Mayor Rodriguez called the meeting to order at 6:33 p.m. and welcomed everyone. The invocation was given by Vice Mayor Grlove followed by Mayor Rodriguez leading the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Rodriguez announced Items 7.B and 1a.A would be tabled. Commissioner Hay requested an explanation for the tabling. Attorney Cherof advised 7.B was tabled because a bid protest was filed and an administrative process has to be followed before it returned to the City Commission. He had been informed 1 a.A would be tabled and had so advised other interested counsel and parties who would have attended. Mayor Rodriguez advised there were emails sent to the Commission on both items. Commissioner Holzman pulled Item 6.C for discussion. Vice Mayor Grlove pulled Item 6.E. Commissioner Ross pulled Items 6.C and 6.F for discussion. She commented she was prepared to discuss Item 1 a.A and Commissioner Hay mentioned he did not see any need to continue with the Item. Mayor Rodriguez and Commissioner Holzman disclosed they had requested the item be tabled and an email had been sent. 1 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 2. Adoption Motion Commissioner Holzman moved to adopt the agenda as amended. Vice Mayor Orlove seconded the motion. For the public's benefit, Mayor Rodriguez outlined the items on the agenda that would not be heard. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross announced the monthly luncheon of the Greater Boynton Beach Chamber of Commerce at Benvenuto's on August 17, 2011 at 11 :30 a.m. with Sheriff Rick Bradshaw and State Attorney Michael McAuliffe as the speakers. Vice Mayor Orlove reminded the public there would be ribbon cutting ceremonies on August 19, 2011 for the amphitheater and lighthouse feature at the Marina. He also remarked the items that were tabled had other issues to be resolved and the City Manager's office and Legal Department felt tabling the items at this time was required. Commissioner Holzman announced the Boynton Beach Historical Society and the Recreation and Parks Department would be celebrating the 98th birthday of Lucille Scott on August 19, 2011, from 1 p.m. to 2:30 p.m. at the Senior Center, which was formerly Lucille and Otley's Restaurant. Everyone was invited to attend. There would also be a public meeting of the Historical Preservation Review Board to be held at 6:30 p.m. on September 12, 2011 in the Chambers at City Hall. The new historical planner would be making a presentation. Commissioner Hay had attended the State conference for the League of Cities. He returned with several books he would be sharing. In the future, he hoped two Commissioners would be able to attend the conference so more topics could be covered and information obtained. Mayor Rodriguez asked Commissioner Hay what the single, biggest issue facing municipalities would be. Commissioner Hay replied it would be the budget and the leverage to be given to the Inspector General by the municipalities. There was concern about distinct and clear definitions, so indirect influence could be controlled. 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Mayor Rodriguez had attended the 14th graduation of the CERT (Certified Emergency Response Team) participants and congratulated those in attendance. Also, on Saturday, there had been a swale clean up project along Seacrest Boulevard organized by volunteers with no outside support. Nine bags of trash were collected between Boynton Beach Boulevard and Woolbright. He thanked James Brake and the other participants for helping to keep the City clean. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) Mayor Rodriguez explained the process and that matters under the City Manager's Report section on the agenda, were not open for public discussion. Roberta Larsen, 4359 Francina Court, Lake Worth, spoke on behalf of the riders of the Shopper Hopper and as a bus driver, that the riders were willing to pay $5 round trip. She urged the Commission to have a heart and compassion for the elderly and keep the Shopper Hopper program for another year. The rates should have been gradually increased. Katherine Lynch, from Sterling Village, spoke about the decision to close the Senior Center at 1 p.m. There were many individuals still at the Center after 1 p.m. who play games and socialize. The bus leaves at 2:45 p.m. and most people are gone. It is a vital point in the system for the seniors. Victor Marshall, 514 NE13th Avenue, contended the leadership of the City should take a pay cut and lead by example. Jobs were being cut while contracts were being awarded to other workers and non-residents of the City. Staff was capable of doing the work rather than contractors. 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 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 16,2011 Motion Commissioner Hay moved to appoint Mark Frederick as an Alternate on the Golf Course Advisory Committee. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to appoint Gary Cole as a regular member of the Code Compliance Board. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Motion Vice Mayor Orlove moved to appoint James Brake as a regular member of the Planning and Development Board. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to table the remaining appointments. Commissioner Hay seconded the motion. The motion passed unanimously. B. Accept the resignation of Dr. Tiffany North, a regular member of the Arts Commission. Motion Commissioner Hay moved to accept the resignation of Dr. Tiffany North as a regular member of the Arts Commission. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 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 August 2, 2011 B. PROPOSED RESOLUTION NO. R11-084 - (1) Approve the purchase in the amount of $55,221 from Ronco Communications & Electronics, Inc. of 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 necessary replacement computer network hardware and professional implementation services from Avaya (formerly Nortel) (plus a 10% contingency not to exceed $5,522, to address unforeseen conditions discovered during implementation) and (2) Authorize the Interim City Manager to sign the attached Statement of Work with Avaya for implementation services included with the pricing from Ronco. C. PROPOSED RESOLUTION NO. R11-085 - Approve the interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the manatee protection conservation program This item had been pulled for discussion. Commissioner Holzman's concern related to the fiscal impact, if overtime had to be paid, for wages, benefits and pension cost. Mayor Rodriguez wanted to know the enforcement area involved. Chief Immler replied the area was the speed zones within the City of Boynton Beach. The marine patrol was out on certain days and/or certain weekends. The officers also have patrol duties in addition to marine patrol. The $90,000 grant, in essence, pays for the marine patrol to be activated at certain times and the gas and oil to operate. There would be no overtime involved. Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Vice Mayor Orlove confirmed the dollar amounts were included in the information distributed. He also assumed if an emergency situation arose and overtime were applicable, the monies would be reimbursed by the County. Chief Immler agreed. The motion passed unanimously. D. Approve the award of "BACKFLOW PREVENTION DEVICE INSPECTION, TESTING AND REPAIR SERVICES", Bid #062-2821-11/JMA to Pipeflow Backflow Services of Pompano Beach, FL for an initial one (1) year term with the option to renew for two (2) one-year periods for an estimated annual expenditure $30,000. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2011. Vice Mayor Orlove wanted to reconfirm some of the items purchased had been discussed at prior meetings. Tim Howard, Deputy Director of Finance, advised two of the purchases were from the Energy Block Grant. The air conditioner for the Museum 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 was done through the CIP funds rather than a grant because of the type of equipment purchased and energy efficiencies. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. F. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation. Commissioner Ross had pulled this item for more information on the vehicle idling program. Carisse LeJeune, Interim Assistant City Manager, explained the enhanced vehicle idling policy was applicable to all City vehicles except police. It has a five- minute limitation on idling of heavy machinery and all City employee vehicles were not to be left idling. Police vehicles are exempt to maintain the computers and data. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. G. Authorize Mayor to execute Quit Claim Deed from City to Palm Beach County School Board as part of Galaxy School transaction 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-086 - Approve contract for bid award to Talley Walker Services, Inc. of Lake Worth, FL in the amount of $166,128.70 plus a 10% contingency of $16,612 for a total expenditure of $182,740.70 for "OCEANFRONT PARK BUILDING RENOVATIONS", Bid #056-2710-11/TWH. Talley Walker Services, Inc. was the lowest most responsive, responsible bidder who met all specifications. Commissioner Holzman had inquired about the success of the snack bar and whether or not it is needed at the beach. It is a large expense with limited return. Wally Majors, Director of Recreation and Parks, felt it was a worthwhile expense. The vendor has struggled with the ongoing constructions. It does generate revenue from rent. The contract expires in February and several vendors had expressed interest in bidding on the new contract that would be at a higher rental rate based on all the improvements. The total renovation costs would be approximately $15,000. Vice Mayor Orlove remarked he went to the beach often and used the food service. The vendor serves quality products and people stand in line to make purchases. He was glad to see the improvements being addressed. 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Andrew Mack, Interim Building Official and Engineer, indicated once the purchase order and contract were signed, the estimate was 12 weeks to completion. It was hoped the improvements could be made before the end of the year. The snack bar changes were exterior improvements only. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. B. (1) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders. (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059- 2821-11/TWH "Regional Lift Station at Pence Park" to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner's contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. (This matter was tabled.) 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. PROPOSED ORDINANCE NO. 11-020 - FIRST READING - Amend the Land Development Regulations (LDR) to 1) modify the definitions of certain industrial uses to allow an accessory component to include retails sales, tasting rooms, and facility tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning district. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 11-020 by title only, on first reading. Eric Johnson, Planner, explained the request to allow microbreweries in to M-1 and C-4 zoning districts. It would also change several definitions of food manufacturing types of businesses allowed. Staff determined this was an expanding type of industry and an amendment would be warranted. There are three prongs to the industry; manufacturing, 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 distribution and retailing. The operational performance standards currently in place would be sufficient to address the issues. The retailing, or tasting rooms, was problematic in M-1 zoning districts, but not in C-4 zoning districts. There was a concern it would become a bar. The new regulations would limit the tasting rooms in size and hours of operation. Staff recommended approval of the proposed language for beverage manufacturing, dairy products manufacturing, food processing, frozen food, ice cream and frozen desserts, plus the definition of a tasting room. Commissioner Holzman questioned the location of the proposed establishments and the adult entertainment provisions. Mayor Rodriguez interjected he had requested the adult entertainment ordinance come back before the Commission to address the issue. The current status would permit the two types of businesses beside each other. It would be discussed at a later time. Commissioner Ross confirmed there were no applications submitted at this time because the use was not permitted. Vice Mayor Orlove appreciated that other type tasting rooms were included. The proposed change did not address serving any type of food as a restaurant. Mr. Johnson explained if food were served, the business would have to be licensed as a restaurant. A prohibition against serving food could be added. In an M-1 zoning district, a restaurant could be added as an accessory use. Vice Mayor Orlove did think there was an opportunity for the City to add these types of businesses. Attorney Cherof added the Ordinance was fashioned to not open the areas for restaurants. Ms. LaVerriere disclosed she had received information there was interest in opening a craft brewery. The owner knew he could not sell food because restaurants are not permitted in the district. There would be snacks available. The space is limited and hours are limited to 10 p.m. on week nights and 11 p.m. on weekends. It could be modified in the future, if needed. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Approve conditional use / major site plan modification for a bar/nightclub within an existing 1,563 square foot building and for the construction of a new 1,025 square foot chickee hut, all on a 0.29-acre parcel in the CBD zoning district. Applicant: IMAEC, LLC and AEC Property Holdings, LLC. 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Attorney Cherof indicated the request was site specific, a quasi judicial proceeding. He administered an oath to all those intending to testify and gave a brief review of the process to be followed. Eric Johnson, Planner, located the property in a CBD zoning district. A bar/night club would be a conditional use. The site currently has a 1,563 square foot building and 11 parking spaces. The proposal would use the existing building and develop the site with a chickee hut for additional seating area. There would be a total of 150 seats. It is within Study Area 3 of the Federal Highway Corridor Redevelopment Plan. Staff reviewed the application against the standards. The ingress and egress would be updated and located on 4th Avenue. One parking lot would be created. The adaptive re-use provision allows the applicant to have fewer parking spaces. There would be 13 spaces and one handicap space. Some patrons could park in the Promenade public space across Federal Highway. These spaces were restricted to public access after 12:30 a.m. The Conditions of Approval restrict the hours of operation to 12:30 a.m. unless the applicant can provide parking spaces on site or have shared parking agreements with adjacent property owners. Refuse and service areas were satisfactory, orientation of the trash container would be unchanged, existing infrastructure was available on site, and the set back and height requirements were met. A sound study had to be completed according to the Code, when the equipment has been selected and installed. Staff felt the requirement for a sound study and the entertainment permit could be delayed and the business could be accommodated without a noise issue for the neighbors. The Planning and Development Board had recommended a count down pedestrian signal be considered. The County wanted actual data and after the establishment was in place, the possibility of a signal would be evaluated. The cost could be $600 to $1,000. It was not a condition of approval. Vice Mayor Orlove noted there was a signal at the intersection presently. The proposed signal would not be required for the proposed development. The City would have to petition the County to install a countdown signal and the cost would have to be determined. Bradley Miller, Miller Land Planning Consulting, advised the applicant was in agreement with all conditions. He pointed out the section of Federal Highway is a State road and any signal would have to be coordinated through the State. There is a striped pedestrian crossing, stop light and crossing signals in place. The plan would develop two lots. One has an existing building of 1,500 square feet that has been vacant. The chickee hut would be a little over 1,000 square feet. The applicant has cleaned up the property and was anxious to proceed. The adjacent property owners were identified. Landscape buffers were described. There were fourteen parking spaces available. The Code requires zero. There are over 100 public parking spaces in the Promenade. Mr. Miller had letters of intent from three adjoining property owners for the use of 30 parking spaces during off hours. Discussion with 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 other property owners was ongoing. Two spaces on Federal Highway were available. A valet system would also be implemented. The elevations and landscaping were described. Vice Mayor Orlove disclosed he had spoken with Mr. Miller before the meeting and Mr. Miller was a licensed lobbyist. The ingress and egress was revisited and clarified. Vice Mayor Orlove complimented the applicant on the project. Motion Commissioner Holzman moved to approve the Conditional Use with the Site Plan and modifications presented by staff. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. Joan Zebobnek, Casa Loma Boulevard, Marina Village, was curious if the proposed development was near St. Mark Catholic Church. Mr. Miller responded it was just across Federal Highway. Vote The motion passed unanimously. C. Approve New Site Plan to construct a 3,300 square foot bank with two (2) remote drive-through lanes and an ATM on a 0.70 acre parcel in the Community Commercial (C-3) zoning district. Applicant: Gina Anderson with PNC Financial Services Group. Attorney Cherof announced the hearing was quasi judicial and administered an oath to all those intending to testify. Kathleen Zeitler, Planner, located the property. It is zoned C-3, Local Retail Commercial Land Use and currently supports a gasoline station with vehicle repair and convenience store. It is within Planning Area 5 of the Federal Highway Corridor Community Redevelopment Plan. The adjacent properties were described. The request was to construct a 3,300 square foot bank building with a remote drive-thru and a pass by ATM (Automated Teller Machine). All existing structures and underground equipment and infrastructure would be removed. There would be two circulations on the lot. Sufficient vehicle stacking would be available. Enhanced pedestrian access and covered bike racks would be installed. Fourteen parking spaces would be required and eighteen would be provided. The proposed bank would produce less traffic than the current use. Traffic concurrency was given with a build-out date of December, 2012. The setbacks were in compliance. The floor plan meets the LEED building standards and would maximize energy performance and harvest natural daylight. The elevations were reviewed. Staff did recommend as a Condition of Approval that some decorative 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 features be added to the facades to break up large expanses of blank walls. Public art work was pending approval by the Arts Commission. Staff recommended an additional Condition of Approval for additional landscaping and planting of under-storage trees in addition to the canopy tress and hedges to screen vehicles from the rights-of-way. One-third of the total site would be open space. All plants would be low to medium water users to reduce irrigation demands. Staff recommended approval. The Planning and Development recommended approval subject to staffs conditions as amended. They were amended to reflect a condition to allow alternate sewer design and LED lighting consistent with LEED standards. Ryan Thomas, Bohler Engineering, was present on behalf of the applicant. The applicant agreed with all the Conditions of Approval. Vice Mayor Orlove asked about the estimated completion time frame. Mr. Thomas advised construction should commence in five months. Commissioner Holzman voiced concern that all environmental aspects of removing the under ground tanks were being addressed. Mr. Thomas confirmed the environmental impact and all safety issues were being considered. Commissioner Ross asked if the design was typical for the PNC Banks and Mr. Thomas advised it was the new design. Another PNC Bank was on Congress Avenue. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, remarked the intersection was very busy and now was the time to make sure it was safe. There had been extensive development in the area and it was confusing to drivers with a short line of sight. It is a very compact area with varied traffic flows, entrances and exits. Mayor Rodriguez recalled the PNC Bank would reduce the traffic in the area from the current use. The intersection is congested because Woolbright goes from four lanes to two lanes at the intersection. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Per the request of Mayor Rodriguez, discuss alternatives to the City's current solid waste collection services. 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 (This matter was tabled.) B. Per the request of Mayor Rodriguez, discuss compensation for the Interim City Manager commensurate with the duties and responsibilities being performed. Adjust salary to $140,000. Mayor Rodriguez had requested the item be added to the agenda because as Acting City Manager it was important Ms. LaVerriere be compensated for leading the City. The increase would make the salary one of the top salaries in the City. Commissioner Holzman had confirmed the monies were available in the budget. Ms. LaVerriere noted the City Manager's office was over budget due to the payouts for two former employees. There would be a request for a budget amendment of $5,800. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Commissioner Hay supported the increase but wanted to be able to defend the increase since some employees were laid off and the economy was poor. His personal research revealed the previous City Manager was at $168,000 and the Interim City Manager should be making more than the other Department Heads. A new City Manager, other than Ms. LaVerriere, would be compensated at $170,000 to $200,000. The community perspective may be negative due to the economic situation. The motion passed unanimously. Ms. LaVerriere thanked the Commission for their support. C. Policy input from City Commission regarding a proposed grant of parking incentives for prospective tenant of Quantum Park Ms. LaVerriere had discussions with potential tenants interested in occupying 3301 Quantum Boulevard that was the Centex Homes, Peachtree Building. The first floor of the 100,000 square foot building had been vacant for over a year. The owners and tenants were interested in locating a call center and pension business into the building. Parking issues were a problem. The businesses would bring 350 jobs to the City and the available parking would not be sufficient. Another 180 spaces would be needed. It was suggested, a section of the proposed, passive Quantum Eco Park that would include parking for the Park, be utilized by the tenants for employee parking. The Eco Park was not in the five-year plan at this point due to the lack of funding. The tenants would build the parking area, using park space for commercial parking. The owners wanted a letter of intent from the City to secure the tenants in a lease. Pervious surfaces were discussed. It would not preclude parking for the use of the park in the future. Parkside Villa property owners were adjacent to the proposed parking area and would be concerned and want to have input. 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Commissioner Hay asked if any input from the residential developments had been solicited and Mr. LaVerriere reported none had been sought at this time. There was the expectation of 350 new jobs for the two tenants. Commissioner Ross wanted to be sure the residents in the area were informed of the developments. It was not certain whether an actual site plan or permit would be required for the parking lot. The adjacent property owners would be notified in either event. An ordinance to consider some economic development incentives would be brought before the Commission to retrofit the building. The owners were waiting for a letter of intent before leasing parameters were discussed with the tenants. Vice Mayor Orlove inquired if the Recreation and Parks Board had been involved with any of the discussion and Ms. LaVerriere replied it had not been contacted at this time. It was very preliminary. Vice Mayor Orlove acknowledge the Quantum Eco Park was not a high priority at this time. However, the parking area would be available for both sites. Only 30 or 40 parking spaces would be needed for a passive park, according to Ms. LaVerriere. A pervious surface would be preferred for any long term changes. Commissioner Holzman asked if the parking would be restricted during working hours. Ms. LaVerriere did not want any restrictions on the use. Mayor Rodriguez cautioned no decision was being requested at this time. Commissioner Holzman wanted to conceptualize the project. Even though an agreement had not been negotiated, it was intended that the owners/tenants would be building the parking lot and maintaining it. Ms. LaVerriere mentioned the park was given to the Quantum Park Overlay District from the County and had a deed restriction for use as a park only. The County Commission would have to approve the concept as well. Commissioner Hay felt the aspect of creating 350 jobs was sufficient to compel thorough investigation by staff. Mayor Rodriguez assumed there was enough interest to have the project reviewed and recommendations made by staff. Attorney Cherof advised the owners were requesting a letter of intent for the owners and tenants to move forward or go elsewhere. Letters of intent had rarely been used in Boynton Beach because they were essentially non-binding documents. Whatever letter of intent would be done, would be subject to a more detailed business type arrangement and final approval by the Commission. Albert Couto, President and Chief Operating Officer of the Easton Group, representing the owners, was present. The challenge has been, businesses want to go further south to the Boca area. The rent had to be substantially reduced to draw interest to the location. It would be a more technical type call center. The level of knowledge, education and training would be more intense. The parking ratio on a call center would be more intense than a typical call center. The existing lot has 404 spaces and 200 are allocated to Peachtree. There was not sufficient parking remaining for the proposed 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 tenants. The ownership group would pay for the parking lot improvements, as well as lighting. It would have two shifts of workers, open until about 10:30 p.m. Commissioner Holzman questioned how the employees would traverse from the lot to the building. Mr. Couto had not totally addressed the issue of pedestrian ways or safety enhancements. Sidewalks are intact and the management of the new tenants were comfortable with the parking and walking arrangements. The letter could be signed by the City Manager with a disclaimer the City Manager could not bind the Commission. Mayor Rodriguez advised the parameters of the letter of intent should include the City would not bear any cost of any improvements to support the business. Ms. LaVerriere interjected, for the future, there are economic development incentives addressing PIDs (Planned Industrial District) and the possibility of waiving permit fees and other fees. Commissioner Holzman did not feel comfortable with a letter of intent without more information. Vice Mayor Orlove opined some type of shuttle service from the lot to the building may be appropriate. Mr. Couto reported the prospective tenants were made aware of the shuttle type service idea and they were not concerned with the distance involved and any accommodation. Vice Mayor Orlove wanted another parameter that the businesses would supply a means of transportation from the parking lot to the business, if necessary. The City would not be involved. Attorney Cherof advised the sidewalks were controlled by the Quantum Improvement District. There are several steps that must be undertaken. There are deed restrictions on the use of the property that would require the City to go to the County and get approval. Ms. LaVerriere knew a safe water permit had to be acquired and the Quantum Organization had to be notified. Vice Mayor Orlove did want an approval and the assurance that all municipal organizations approve or sign off on the proposal. Mr. Couto advised a lease had been signed conditioned upon the owners getting the ultimate approval. Approval of the Commission was not being discussed at this time until the 90 days had elapsed. If no decision is made, the lease would be null and void. Mr. Livergood had begun discussions with Quantum and Attorney Cherof advised Quantum had a similar review process and the City would assist with that process. Mr. Couto explained he could not enter into a lease until he had final approval from all entities. Attorney Cherof advised the document would have to include provisions that require specific events to occur, being; approval by the County, approval of the Quantum Development District, approval of adjacent property owners, Water Management approval and the permits. Mayor Rodriguez was interested in pursuing the project and jobs, but a lot more work had to be done before it could come back to the Commission for decision. 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Commissioner Ross would be willing to meet with the Quantum Development District to expedite the process. Hopefully, it could be worked out. Attorney Cherof indicated a formal motion was not necessary. Vice Mayor Orlove suggested staff be directed to work with all the other agencies and the property agents to bring the matter back before the Commission. Mayor Rodriguez summarized the Commission did have interest in the project, but more concrete information was needed before it could be finalized. Attorney Cherof could bring the matter back before the Commission at the next meeting. 11. UNFINISHED BUSINESS A. Discuss options for Veteran's Park on Ocean Avenue optimizing the site and making it a more desirable destination point Mr. Majors advised it was recommended Veterans Park on Ocean Avenue be retained as a park. The CRA had an exciting redevelopment plan for the downtown area and green space would take on a vital role toward creating the area as a destination point. The CRA had some funding in their budget to allow immediate improvements for the Park and continue the marine life theme along Ocean Avenue. Vivian Brooks, Executive Director of the CRA, explained there were some dark areas along the Ocean Avenue corridor. A famous glass artist who features sea creatures could add glow-in-the dark hanging panels in the trees to illuminate the Park at night. They would be hung along Ocean Avenue from Seacrest to the Marina to reinforce the marine theme and create lighting. It would be unique to Boynton Beach. Funding was in the preliminary budget. Consensus There was consensus to not sell the park and retain it as a park. Vice Mayor Orlove established the fact that the Recreation and Parks Board had deferred the decision on the naming of the Park to the Veterans Advisory Commission. B. Discussion regarding a City Commission appointed Community Redevelopment Agency (CRA) Board Commissioner Holzman had requested the item be added to the agenda. He recalled the appointments had not moved forward because more stability was needed and the quality of candidates had been an issue. Two new members were added to the Board and the process should be moved forward again. Commissioner Holzman wanted the process to be changed and have each seat on the Board represent a specific background or experience. The seats would be a representative from the Chamber of Commerce, an at-large member, landscape architectural experience, architecture 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 experience, legal background, bank and/or accountant, and a financial professional. It would ensure the board is made up of members who could assist in development of the CRA district and had sufficient experience to do so. The Board could not be set until all the seats are filled. Commissioner Ross liked the approach. She disclosed a local business person had contacted her with concerns about changing the CRA Board at this time. Mayor Rodriguez liked the concept proposed; however, he did not feel six months equated to stability dealing with the development community. He thought the current Board was doing very well and things were beginning to happen in the area. The yo-yo effect that would be created would be detrimental to the progress being made. Mayor Rodriguez reiterated his position that the best way would be to go to a referendum and ask the citizens their opinion who should run the CRA to eliminate the constant challenges. The timing was premature. Vice Mayor Orlove agreed with the comments, but did not support the matter to go to a referendum. He did feel the previous process produced some good applicants. He did not see the commitment and dedication he expected from most of the candidates. Commissioner Holzman's suggestion had merit, but an interview process should still be done and the applicants' dedication and commitment acknowledged, along with a basic knowledge of the CRA. Vice Mayor Orlove agreed the change was premature and wanted to see the good relationship between the Board and Agency continue. He suggested another year may be more appropriate for reconsideration. Commissioner Hay thought the concept was good, but the reality was the available candidates were not found. He was not sure the entire Board was committed to creating an independent board in a timely manner. Another layer of qualifications was not appropriate. A strong commitment to establish an independent board was needed with definite parameters for the members and that the communities affected are represented. Commissioner Hay did not support the proposed concept. Commissioner Holzman was disappointed and pointed out the selection process would take another six months and a year would have passed. The proposed process would eliminate the previous issues that arose. Going back to the previous applicants was not an option that he could support. Motion Commissioner Holzman moved to ask the Executive Director and City Manager to work together to develop an application process for a seven-member board as discussed with certain backgrounds. There was no second to the motion. Motion 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 Vice Mayor Orlove moved to revisit the issue in one year. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. Ms. Brooks contended when there was success and stability, it should be continued. Other cities were not changing boards and got much less negative publicity. She would help and assist with any process decided. The issue she had was change had a cost and there was a perception in the community at large of confusion and instability. Revisiting the rationale for establishing an independent board should be considered. Ms. Brooks felt the current board was working very well. The public looks to the Board and Commission to be fiscally responsible and lead the City with stability. Buck Buchanan, Ocean Inlet Drive, a current member of the CRA Board liked Commissioner Holzman's suggestion. He urged the Commission to reconsider establishing a new board earlier than one year. It was the will of the people that had been demonstrated. It was a conflict of interest for the Commission to sit on two boards at the same time because both have a fiduciary responsibility to different entities. An independent board would be seven people who could provide counsel to the Commission. Victor Norfus, 261 N. Palm Drive, commended Commissioner Holzman for his idea, but it was not practical to find seven people who met those qualifications. Six months is not a long time to establish stability and confidence. Limiting the discussion for another year was not appropriate either. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a previous candidate for the Board, shared that the process was dysfunctional. She cared about giving her time and it was disheartening to see the process take so long and the display of elitism was disappointing. The Board needed to have input from those living in the communities and give them a seat at the table. Mayor Rodriguez closed the public comment. Commissioner Hay did not like the year limitation and hoped the Board could sense when sufficient stabilization had occurred in whatever timeframe it took. Commissioner Holzman contended his suggestion would give the development and business community the perception the Board is qualified. Vice Mayor Orlove confirmed the current board was in compliance with the State statute. Attorney Cherof agreed it was one of three options. Vice Mayor Orlove recalled comparison with other municipalities revealed an even split of elected officials and independent boards. Ms. Hogan was one of a few applicants that had consistently showed interest in the City and attended meetings to be informed. Vice Mayor Orlove remarked he had supported an independent board, but the process revealed there were 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 not applicants available that the Commission could have confidence the work in progress would be moved forward. Stability was needed that was growing and had to be fostered along. Vice Mayor Orlove removed his motion from the table. Commissioner Ross had hoped an independent board could be seated. Commissioner Holzman's idealistic approach could be used, but there may not be qualified applicants to fit the exact qualifications on a continuing basis. Many of the current members would not fit into the categories outlined. The nature of the community may not support the concept. There are dedicated individuals who would be able to serve and work hard. Commissioner Ross commended Ms. Hogan for her efforts and comments. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED RESOLUTION NO. R 11-088 - (1 )Authorize and direct staff to prepare for the financing of various capital projects with Utility System Revenue Bonds in the approximate amount of $20,000,000, (2) authorize the negotiated sale of the bonds through a public bond issuance with RBC Capital Markets serving as the underwriter subject to City Commission approval of a contract between the City and RBC Capital Markets, and (3) express the intent to reimburse capital expenditures incurred prior to the issuance of the bonds with bond proceeds. Attorney Cherof read Proposed Resolution No. R11-088 by title only. Mr. Atwood noted it was the first of two steps to issue necessary financing for the utility capital projects. Mayor Rodriguez asked if the debt service was built into the proposed budget and Mr. Atwood confirmed it had been included, dependent upon the approval of the rate increases previously approved by the Commission. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Mark Raymond, Bond Counsel for the City of Boynton Beach, noted the debt service schedule showed the City could refinance $10 million of the bank loan obtained in 2008 and generate $600,000 in present value debt service savings. The market has probably improved. The first step lets the Commission direct the bond team to do the necessary work to be prepared to issue the bonds. It would come back with another Resolution 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 16, 2011 giving formal authorization for the issuance of a certain amount of bonds to finance the projects and refinance the 2008 bonds. It should occur before the end of October. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. City Manager Search - 10/04/11 B. Follow-up to City/CRA workshop - 9/06/11 C. Revisions to restrictions for vehicle size in residential districts - 09/06/11 D. Recommendation from the "review committee" to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD E. 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 9:29 p.m. (Continued on the next page) 19 Meeting MInutes Regular City Commission Boynton Beach, FL August 16, 2011 ATTEST: 20 DEVELOPMEi.I ORDER OF THE CITY COMMISS1..iN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME Cuth+ll's Bar APPLICANT'S AGENT Bradley D Miller, AICP, Miller Land Planning Consultants, Inc APPLICANT'S ADDRESS 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION August 16, 2011 TYPE OF RELIEF SOUGHT: Request Conditional Use / Major Site Plan Modification approval of a 1,563 square foot bar / nightclub and a 1,025 square foot chickee hut on a 0.29 -acre parcel LOCATION OF PROPERTY 417 North Federal Highway, Boynton Beach, FL 33435 DRAWING(S)' SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came an 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 /� A, 2. The Applicant SCANNED E HAS HAS NOT DEC 08 2011 established by substantial competent evidence a basis for the relief requestecCHA/ Ulerk's Office 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 Appli nt'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 D/C DATED CityClerk — f : AY /ry S 1 Planning \SHARED\WP\PROJECTS \Cufhdl's Bar - 417 N FedArai Hwy \D0 doc / , 1 0 A , r N . 392 of 426 Q': EXHIBIT "C" CONDITIONS OF APPROVAL Revised Conditional Use / Major Site Plan Modification Project Name. Cuthill's Bar File number COUS 11 -003 ; MSPM 11 -002 Reference: 2 review plans identified as a Conditional Use / Major Site Plan Modification with a June 14,2011 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments 1. At the time of permitting, revise the civil drawings to show existing water meter location and sanitary sewer connection to the building X Provide details of an conflict(s) thereof, FIRE - Comments: 2 The chickee hut shall not be utilized as part of the project's required X means of egress. POLICE • Comments: None — v BUILDING DIVISION Comments , 3. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans dunng the Development Application Review Team (DART) process does not X ensure that additional comments may not be generated by the _ commission and at permit review. 4. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind tierces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 (Wind Loads). X Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 5 At time of permit review, submit signed and sealed working drawings X of the proposed construction. _ 6 CBBCPP 3 C 3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other X sources are readily available. 387 of 426 Cuthdl's Bar - COUS 11-003 / MSPM 11 -002 COA Page 2 of 5 DEPARTMENTS INCLUDE REJECT 7. A water -use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of X the permit shall be submitted at the time of permit application, F.S. 373.216. 8. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall he provided at the time of building permit application: a. The full name of the project as it appears on the Development X Order and the Commission - approved site plan. b The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article 11, Sections 26- 34) 9. At time of permit review, submit separate surveys of each lot, parcel, X or tract. 10 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 X plans must incorporate all the conditions of approval as listed in the develo.ment order and a. .roved b the City Commission. 11. The full address of the project shall be submitted with the construction ' 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 CRS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 X N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald -- 561 -233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561 - 734 -0872) 12 All dining areas shall be handicap accessible per the FBC Sec. 11 -5.4. X PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comm ents 388 of 426 Cuthrll's Bar - COUS 11 -003 / MSPM 11 -002 COA Page 3 of 5 DEPARTMENTS INCLUDE REJECT 13 The two (2) existing Live Oak trees must be pruned by a Certified Arbonst to restore the trees to Florida #1 quality prior to the landscape X inspection. 14. All canopy and palm trees must be listed in the remarks as a minimum of 12' - 14' height, 3" DBH. The height of the trees maybe larger than X 12' -14' to meet the 3" diameter requirement; or any clear trunk (C.T.) specifications. 15. The landscape sheet (LP -3 of 3) shade tree planting detail should including a line indicating where the diameter, height and clear trunk X of all of the trees will be measured at time of planting and inspection. 16. The landscape sheet (LP -3 of 3) palm tree planting detail should include a line indicating where the height of all of the palm trees will X be measured at time of planting and inspection. 17 The landscape sheet (LP -3 of 3) shrub and groundcover planting detail should include a line indicating where the height and spread of the X shrubs and groundcover plants will be measured at time of planting and inspection. 18. The imgation plan must follow the South Florida Water Management District's (SFWMD) Waterwise irrigation design guidelines when X submitted to the City PLANNING AND ZONING Comments 19. Staff recommends Staff recommends that a period of 18 months be X allowed to obtain a Business Tax Receipt. 20. On the site plan (sheet SP -1 of 2), label the property to the west as having "General Commercial (C -4)" zoning Also, label the property X to the east as having a "Mixed Use -High Intensity (MU-H)" zoning Label the property to the south as "Veterans Bicentennial Park." y __ 21 If still required by city regulations at the time of request for a business tax receipt, the applicant shall submit a sound study and analysis, conducted by a certified acoustical engineer along with an application X for a Live Entertainment Permit. No business tax receipt shall be issued prior to the approval of the Live Entertainment Permit. 22, The applicant is responsible for compliance with Ordinance 05 -060, the "Art in Public Places" program and must demonstrate their X participation. 23. A unity of title may be required. The Building Division of the X Department of Development will determine its applicability 24. On the site plan (sheet SP -1 of 2), correct General Note #5 because the applicable FEMA map is "Community Panel 120196 0004C," which is X consistent with the survey. 389 of 426 Cuthill's Bar - COUS 11 -003 / MSPM 11-002 COA Page 4 of 5 DEPARTMENTS INCLUDE REJECT 25 On the site plan (sheet SP -1 of 2), correct the tabular data so that the X buildin: covera:e, .avement, and o.en s. ace -eual 100 %. 26. Pursuant to Part III (LDR), Chapter 4, Article II, Section 4.A, plant matenals to be used are liinited to those classified as "low" and "medium" in the publication "Waterwise South Florida Landscapes," published by the South Florida Water Management District (SFWMD). Several of the plants listed are identified with having X "high" watering needs. Revise the landscape plan so that all plants have "low" or "medium" watering needs The final plant list should reflect the botanical and common names listed in the " Waterwise" manual. 27. Pursuant to Part III (LDR), Chapter 4, Article III, Section 3 D, the project is required to have a bicycle rack, a bench, and a trash receptacle Revise the plans to comply with these requirements When bicycle racks are required, they shall be located in areas that are enclosed or roofed, or otherwise designed with solid covenng, either X inside the building (e.g., foyer) or outside and placed in close proximity to the project entrance while still maintaining safe and accessible building ingress and egress To the maximum extent feasible, trash receptacles should include ashtrays and be located near other_pedestnan amenities. 28. The subject site is located along Palm Tran Bus Route 1. Staff recommends installing an upgraded shelter if a Paim Tran stop is X located along Federal Highway, abutting the subject project. Please coordinate with Paim Tran. _ 29 Restnct the hours of operation to 12:30 a.m. to coincide with the accessibility of public parking spaces of the Promenade development. The hours of operation for the subject bar / nightclub may be extended later than 12:30 a.m., but contingent upon the following: 1) the public spaces in the Promenade development are accessible to the public later than the aforementioned time: 2) the applicant provides evidence in a X form that is acceptable to the City that off - strect parking spaces will be available to the public on the neighhonng properties after the public spaces in the Promenade development are closed to the public, or 3) a combination of the above. If ever such agreements or conditions change thereby removing alternative parking resources from use by the restaurant, the o.erators shall reduce o.eratin_ hours accordin•1 . COMMUNITY REDEVELOPMENT AGENCY Comments: None. 390 of 426 Cuthill's Bar - COUS 11 -003 / MSPM 11-002 COA Page 5 of 5 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 30. The applicant and the City shall explore the feasibility of installing a countdown pedestrian signal 00 Federal Highway adjacent to the X subject property. CITY COMMISSION CONDITIONS Comments: To be detennmed. �i,/ S \Planning\SHARED\W P\PROJECTS \Cuthlll's Bar - 417 N Federal Hwy \COA doc 391 of 426 EXHIBIT ` - SITE LOCATION MAP CUTHILL'S BAR COUS 11-003 / MSPM 11-002 i •, i , . . . , , , ,11 ,,,, i NE 6TH AVE , , - CBD 1 ' . .. _, . M-1 I I ' 0 i ' , I ' CBD - ---- -- cr. , , . I I 3 1 i . . . .. , i I -.1 i. -- ' ' <1 4 11 -41 • 1 SITE ! '' CII ! 14 _ „ , Oiakir IVAN ZEHA . . I . i M-1 ' i CBD OBD C .....V,9,6 .., ;'. 3 r'''b-° f ..4.1,„,_ ,_'•P'',.r.i,.., . E BOYNTON BEACH BLVD OBD LIIICLA eaD N 140 70 0 140 280 420 560 W 4._ E .... ... .1... 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McDonald, Bohler Engineering AGENT'S ADDRESS: 1000 Corporate Drive, Suite 250, Fort Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 16, 2011 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 3,300 square foot bank building with detached drive- through and related site improvements on a 0.70 acre parcel zoned C -3 Community Commercial. LOCATION OF PROPERTY: 1520 S Federal Highway, Boynton Beach, FL 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 SCANNED jc HAS HAS NOT DEC 08 201 established by substantial competent evidence a basis for the relief requestec Clerk's Office 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 A (A/ t� DATED: // / /J s it L -r ' (_ / City Clerk -- )'t r , 'y S \Planning \SHARED \WP \ PROJECTS \PNC Bank - 1520 S Federal Hwy \NWSP 11-001 STAFF REPORT\DO doc 4 EXHIBIT "C" - CONDITIONS OF APPROVAL Project Name PNC Bank File number: NWSP 11 -001 Reference. 2nd review plans identified as a New Site Plan with a June 7, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE , REJECT ENGINEERING DIVISION Comments 1. Comments #25 and #26 on attached standard comments form are not satisfied, two (2) fire hydrants will need to be added. Suggest one off of North Federal Highway (the 6" w.m.) to the northwest of proposed building, and one off of Woolbright Road (the 12" w.m.) to the X southeast of proposed building. Please coordinate this with the Utilities Department. 2 Proposed grinder station to be approved by Utilities Department (Chris Roschek, Engineering Manager (561- 742 - 6413), noted in two X (2) places on sheet C -9, not the Engineering Division. FIRE Comments: 3. No comments at this time. Any issues will be addressed in Plan Review during the Building Permit process. X POLICE Comments: 4. Construction sites Conditions of Approval: Prior to the first building permit, the applicant shall prepare a construction side security and management plan for approval by the City's Police Department X CPTED official. 5. Security measures at a construction site are determined after a security survey is conducted using the following procedures. a. One (1) staging area, to store equipment and park machinery, must be fenced. b. The staging area must be visible from an accessible roadway to X allow effective police patrol. c. Lighting must be provided to allow complete visibility to the area. d. Approved padlock for all storage trailers and equipment trailers and park within staging area. 6. Banks should include the following security needs: a. Height markers at main exit doors. DEPARTMENTS INCLUDE REJECT b. For potential criminal activity detection, a high resolution color X digital video camera system with monitoring and photo processing capabilities shall be installed above exit doors, teller counters, and drive -thru lanes. c Installation of money lever switches within teller cash drawers that will activate system in emergency situations. d. ATM shall comply with F.S.S. 655 -965 relating to Automated Teller Machines: e. Shall be visible from roadway f. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. g. Shall install high resolution color digital video camera system. h. High illumination of ATM and walkway leading to and from it. Lighting should be positioned so as not to cause glare of video recording. i. Install and strategically place a convex mirror to allow operator of ATM to identify any approaching person(s) and /or potential suspect. J. Drive -thru should provide signage stating one -way only. 7. All lighting shall be metal halide. a. Landscaping shall not conflict with lighting. b. Canopy trees are not to be located within the area of security lighting or light poles. X c. Entry signage should be lighted. d. Building lighting (non - glare) should be around perimeter of all sides and on pedestrian sidewalk. 8. Landscaping should not obstruct view from doors, windows, or walkways. X BUILDING DIVISION Comments. None (all previous comments have been addressed). PARKS AND RECREATION Comments None. FORESTER/ENVIRONMENTALIST Comments 9. The Landscape Architect should amend the "Existing Trees Disposition Chart" on sheet LD -1 to indicate the following: Trees 1 -5 (5 trees) and trees 9 -15 (7 trees) should be preserved in place on site X (not removed). 10. The Landscape Architect should amend the "Existing Trees Disposition Chart" on sheet LD -1 to indicate the following: Trees 7 -8 X to be removed. (2 trees, 54" DBH inches total) are required to be replaced (mitigated) on the site with an equal number of diameter inches. The replacement trees should be shown with a separate DEPARTMENTS INCLUDE REJECT symbol on the landscape plan sheet LP -1 (Environmental Regulations, Chapter 7.5, Article I. Section 3.C. of the LDR). 11. Add a note to the Landscape Plan that indicates "all utility boxes or structures (not currently known or shown on the plan) shall be X screened with a Cocoplum hedge on three sides ". 12. There was no irrigation plan submitted with the landscape plan. An irrigation plan will be required to be submitted for review and approval X at the time of permitting. PLANNING AND ZONING Comments 13. Revise plans at time of permitting to depict plant material a minimum of one -half the wall height of the CBS enclosure required to screen the proposed lift station. Also, plant material on the south wall side of X the lift station other than the man gate entry. The gate should be designed to restrict view into the lift station compound. 14 Revise plans at time of permitting to include additional architectural enhancements to exterior building elevations to add visual interest and variety and prevent a monotonous fagades per the Community Design Standards (Ch. 4, Art III, Sec. 3.A. of the LDR). Staff X suggests utilizing decorative medallions or other architectural features consistent with surrounding commercial buildings. 15. The north and east elevations on Sheet A02 do not appear to match those on A07 and A08. Please indicate which are correct, then X modify all to match at time of permitting. 16. Revise site plan at time of permitting to include a detail of garbage can storage area screening. X 17. Revise plans at time of permitting to plant more areas of the site with landscape material to eliminate the smaller areas of sod, to reduce X irrigation demand. Substitute hardy groundcovers and shrubs in place of the sod. 18. At time of permitting, revise landscape plan to provide additional landscape matenal for the screening of the dnve- through center in accordance with Chapter 4, Article II, Section 6.D. of the Land Development Regulations. Staff recommends (as part of the added X landscaping) that the proposed Gumbo Limbo tree (partially deciduous) be replaced with a canopy tree that will provide better screening of the drive - through center from Woolbright Road. 19. Label buffer wall on both site plan and landscape plan. X DEPARTMENTS INCLUDE REJECT 20. Additional landscaping and greater height of landscape material (understory plant material needs to be between the knee wall height and tree canopy height) should be utilized in the south landscape X buffer along Woolbnght Road and the west landscape buffer along Federal Highway, to minimize the view of the dnve- through operation. 21. Provide a sign detail for proposed monument sign that includes sign dimensions, height, and total proposed sign face area, color, and X font/logo. 22. Provide details of all other proposed signage on building and wall, including sign dimensions, font, colors, and sign face area per sign. X 23. The base of the monument signs should be totally surrounded and enhanced with colorful groundcover and a minimum of two (2) colorful X shrub species. 24. All monument signs shall clearly indicate the project street address at the top of the sign. X 25. All proposed signage would be required to comply with the applicable sign regulations and be consistent with the community design standards of the Land Development Regulations. Preliminary sign X details submitted will be required to be revised at time of permitting to comply with the monument sign face area maximum and include all sign calculations. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments Reject condition #1 (condition has been satisfied). X Amend condition #2 as follows to include alternative sewer design 2. Proposed grinder station or proposed gravity sewer connection to the Bermuda Cav property to be approved by Utilities Department (Chris X Roschek, Engineering Manager (561- 742 - 6413), noted in two (2) places on sheet C -9, not the Engineering Division. Amend condition #7 to include revisions made to the new Green Building Program table 405.2 and 405.3 and to allow LED lighting consistent with LEED standards: 7. All exterior lighting shall comply with the requirements of the Green Building Program Table 405.2 and 405.3 for the exterior lighting X appropriate to the building site. It is recommended that "Automatic Lighting Reduction Requirements" shall be established after which total outdoor lighting lumens shall be reduced by at least 30% except where code requires lighting for stairs, walkways, and building entrances. We recommend the use of LED lighting vs. Metal Halide for its Energy Consumption, Rated Life, Environmental Considerations, Lumen Maintenance and Start/Restrike Time. In addition to requiring that: DEPARTMENTS INCLUDE REJECT a. Landscaping shall not conflict with lighting. b. Canopy trees are not to be located within the area of security lighting or light poles. c. Entry signage should be lighted. d. Building lighting (non - glare) should be around perimeter of all sides and on pedestrian sidewalk. ADDITIONAL CITY COMMISSION CONDITIONS Comments To be determined. /14'.471 S \Planning\SHARED \WP \PROJECTS \PNC Bank —1520 S Federal Hwy \NWSP 11- 001\STAFF REPORT\COA doc