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Minutes 11-15-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, NOVEMBER 15, 2011 PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Woodrow L. Hay, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove Mayor Rodriguez welcomed everyone to the meeting and called the meeting to order at 6:39 p.m. Commissioner Hay gave the invocation and Vice Mayor Orlove led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Items 6.1 and 6.E. Commissioner Holzman pulled Item 6.L. Commissioner Hay inquired if Item 13.A could be moved earlier in the agenda. Mayor Rodriguez moved Item 13.A to 8.5. 2 Adoption Motion Vice Mayor Orlove moved to approve the agenda as amended. Commissioner Hay seconded the motion. Vote The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 2. OTHER A. Informational Items by Members of the City Commission Commissioner Hay had substituted for the Mayor as a special guest reader for the Family Read Together program at the Library. He attended the Boynton Chamber luncheon held at the Courtyard Marriott, honoring Galaxy Elementary School. Commissioner Hay had also been at the Veterans Day ceremony and the Heart of Boynton community meeting. Vice Mayor Orlove attended the Veterans Day event, the Chamber luncheon, and the Sand Sifter's monthly cleanup at Oceanfront Park. He announced the winner of the Wedding on the Waterway drawing was Esther Baptiste and Jean -Marc Pierre. The ceremony would be held February 4, 2012 at Oceanfront Park and all the services would be provided free. Vice Mayor Orlove announced the first pancake breakfast of the season would be held at Fire Station #3 on November 20 Commissioner Ross reiterated the Chamber luncheon honoring Galaxy Elementary was an excellent event that three school board members also attended. The Chamber was hosting a mixer at Prime Catch Restaurant starting at 5:30 p.m. The Sister Cities Committee was having their miniature golf fundraiser event and Commissioner Ross challenged the other Commission members to attend. Mayor Rodriguez announced on November 19th, starting at 9 a.m., the Commission would have a downtown, brainstorming workshop at the Library, to discuss primarily the future of the Police Station, City Hall and Fire Station #1. Mayor Rodriguez had attended a street arts festival on Industrial Drive and encouraged the City to sponsor similar events. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Citation for Cbeyond. Citation will be accepted by Mark McGuire, Vice President and General Manager of Cbeyond's Miami office. Mayor Rodriguez read the Citation, presented it to Mark McGuire, Vice President and General Manager of Cbeyond and welcomed the business into Boynton Beach. The Company was expanding into the area with a satellite office. Mr. McGuire indicated they were honored to be in Boynton Beach and looked forward to a long, prosperous relationship. B Presentation by Recreation & Parks Director Wally Majors regarding the Department's National Re- Accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 organization's commitment to quality and improvement. This will include a 6.5 minute video presentation that will explain the accreditation process and its value. The Department will also recognize various staff who took part in this significant accomplishment. Wally Majors, Recreation and Parks Director, was proud to announce the Department was again recognized as a nationally accredited agency. A short video was shown explaining the importance of the designation awarded to only 105 agencies out of over 10,000 across the nation. There were 144 standards and the Department had accomplished 140 for 97% accomplishment. Mr. Majors gave credit to his staff including Mary DeGraffenreidt and Ginny Shea who he presented with plaques recognizing their efforts. Sherri Claude, as the lead person in the process, was also given a commendation. Mayor Rodriguez bragged the Recreation and Parks Department was one of the best in the world with fabulous parks and programs. He congratulated Mr. Majors on his leadership. Lori LaVerriere, Interim City Manager, added Mr. Majors had an article published in the National Recreation and Parks Newsletter that outlined the value of parks in a community. Vice Mayor Orlove developed that only a few municipalities within Palm Beach County held the designation. C. Announce the Holiday Parade, Tree Lighting and Concert. Kathy Biscuiti, Special Events Director, mentioned the Toys for Tots collection had begun and urged everyone to donate. There were collection centers at the CRA offices, Civic Center, Chamber of Commerce and Children's Schoolhouse Museum. She announced the Holiday Extravaganza to be held on December 3rd with a parade on Federal Highway with many bands, pirates, clowns and much more. A 50 -foot tree would be arriving on November 26 that would be lit on December 3rd along with the Menorah. There would be a concert featuring "Bass Transit ", a Chicago tribute band. D. Announce the Holiday Boat Parade December 9 would be the Holiday Boat Parade. There was no entry fee and the judges would be stationed at the Boynton Harbor Marina where a band would be playing and the Marines would be collecting the Toys for Tots. Some family activities were planned also and hopefully there would be snow. 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 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) Mike Brinkman, 957 Isles Road, spoke on the narrowing of Boynton Beach Boulevard and stressed the road was for transportation and as a business owner, narrowing the road would be detrimental to all businesses. The Boulevard may need beautification to soften the appearance of asphalt and concrete. He urged the Commission to reconsider the issue. Mayor Rodriguez commented the Commission was only paying for a study to review the possibilities to beautify and identify alternatives for the roadway east of 1 -95. Ken Hall, 110 SE 3 Avenue, expressed his concerns about the Community Redevelopment Agency (CRA) Board's approval of $56,000 for a study about narrowing Boynton Beach Boulevard. It is a Florida Department of Transportation (FDOT) roadway and the issue should be discussed with that agency and the City staff regarding rights - of -way and landscaping. Mr. Hall suggested the illumination along the right -of -way be brightened from 1 -95 to Federal Highway and finish the beautification of Ocean Avenue along the 100 block. Michael Weiner, property owner in Boynton Beach, thanked the Commission for investigating all the alternatives for Boynton Beach Boulevard. He cautioned the City needs its own identity and authenticity and there are many pedestrian friendly walkways throughout the County -- another may be too much. Mike Wood, 803 NW 11 Street, offered his assistance in resolving the issue of allowing larger trucks in residential communities. He did not want the matter to be forgotten 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 Vice Mayor Orlove moved to table all appointments. Commissioner Ross seconded the motion. 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Vote The motion passed unanimously. B. Accept the resignation of Merline Pamplona, a regular member of the Financial Advisory Committee Motion Vice Mayor Orlove so moved. Commissioner Hay seconded the motion. Vote The motion passed unanimously. C. Accept the resignation of David Madigan, a regular member of the Financial Advisory Committee Motion Commissioner Ross so moved. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. D. Accept the resignation of Christiane Francois, a regular member of the Historic Resource Preservation Board Motion Commissioner Hay so moved. Commissioner Ross seconded the motion. Vote 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. 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 A. PROPOSED RESOLUTION NO. R11 -122 - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Oneeighty for Girls, Inc. (the "Provider "), authorizing the City to enter into an agreement to provide funding in the amount of $12,000 to Oneeighty for Girls, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. B. PROPOSED RESOLUTION NO. R11 -123 - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Chu Chu Productions, Inc. (the "Provider "), authorizing the City to enter into an agreement to provide funding in the amount of $1,300 to Chu Chu Productions, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. C. PROPOSED RESOLUTION NO. R11 -124 - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and JWPC Solutions, LLC (the "Provider "), authorizing the City to enter into an Agreement to provide funding in the amount of $1,200 to JWPC Solutions, LLC as a partner in the implementation of the Gang Prevention and Intervention Grant. D. Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 070 - 1412- 11 /MFD to the following four (4) companies: Florida Embroidered Patches, Global Trading, SP Design and Special Products Group on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $35,000. E PROPOSED RESOLUTION NO. R11 -125 - Approve an Interlocal Agreement (ILA) for Palm Beach County to transfer to City four transit coaches for $1 (one dollar) each; reconveying the transit coaches to The Volen Center; authorizing approval of Letter of Understanding with The Volen Center. Commissioner Ross pulled the item for an update on the transportation transition from the previous Shopper Hopper program. Mr. Majors reported the Volen Center had commenced offering the services the seniors had requested. Despite the fee increase there has been good feedback regarding the service. The ridership had decreased some, but overall had been promising. Vice Mayor Orlove questioned the impact of not having the Saturday transportation option. Mr. Majors replied there had been none to this point. Commissioner Holzman sought clarification on the difference in ridership. Mr. Majors recalled the previous year it had been an average of 1,000 riders per month. Considering the increase in the fee, it was assumed there would be a slight reduction in 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 ridership. Commissioner Holzman suggested the figures be carefully scrutinized each month. Vice Mayor Orlove contended a quarterly report may be in order. Mr. Majors advised the figures were reported quarterly from the Volen Center and the information would be forwarded to the Commission. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. F. PROPOSED RESOLUTION NO. R11 -126 - Approve and authorize the Interim City Manager to sign an Agreement with CRS Max Consultants, Inc. of Coconut Creek, FL for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach, RFP #078 - 2411- 11/TWH in the amount of $29,750. G. Approve utilizing the State of Florida Contract #680- 050 -12 -1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. H. Approve full release of surety for the project known as Imagine Charter School, and authorize returning: (1) the $73,681.30 performance bond for the water distribution system and wastewater collection /transmission system and (2) the $111,100.00 performance bond for the wastewater lift station to MG3 Developer Group, LLC. I. Approve recommendation to rename Veterans' Bicentennial Park to Veterans' Memorial Park. Commissioner Ross pulled the item for comment by the Interim City Manager on the issue of the other Veterans Park along Ocean Avenue. Ms. LaVerriere indicated the CRA and City staff were working with the downtown development plan to make the Park on Ocean Avenue more attractive. Motion Vice Mayor Orlove wanted to approve the request and reconvene the members of the Recreation and Parks Advisory Board, Veterans Commission, Community Relations 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Board and CRA staff to be involved in renaming the Park on Ocean Avenue. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. Don Scantlan, 37 Cedar Circle, noted his father had visited the Park and thought the Park should be nationally known and there could be confusion for visitors with two parks with essentially the same name and miss the Memorial Park. Commissioner Holzman wanted a cost estimate for the renaming of a park and Mayor Rodriguez replied the estimate was $500 for the signage. Mr. Majors added as long as the existing sign can be re- lettered the cost is minimal. An all new sign would be approximately $4,000 to $5,000. Vote The motion passed unanimously. J. PROPOSED RESOLUTION NO. R11 -127 - Authorize Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to commence negotiations of a Contract with Aware Digital, Inc. of Hallandale, FL, staffs #1 ranked firm as a result of RFQ 072 - 2821- 11/TWH for "SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES ". K. Approve the minutes from the City Commission regular meeting held on November 1, 2011 L. PROPOSED RESOLUTION NO. R11 -128 - Approve an Agreement with a three (3) year service rate guarantee with Solantic Walk -In Urgent Care to provide Physician Services for the City of Boynton Beach and authorize the Interim City Manager to execute the Agreement for the City. Commissioner Holzman pulled the item to get the perspective of the Interim City Manager on the potential of bringing a clinic to the City. Julie Oldbury, Director of Human Resources, clarified it was not a three -year contract for service, rather a three - year rate guarantee. The contract would be for only one year with an option to renew. Chuck Magazine, Risk Manager, had spoken with companies who work for municipalities and inquired about the type of services available. It is an effort to reduce cost to the municipality as well as the employees. Historically, to reduce cost for medical insurance, benefits to the employees have been reduced. A clinic would assist in reducing health care cost and improving the health of the employees. Commissioner Holzman suggested the matter be brought back to the Commission when a full package could be created and presented. Mayor Rodriguez inquired if a feasibility 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 study had been done and Ms. LaVerriere advised there had only been discussion. Mr. Magazine indicated the concept was to bring in an outside contractor and use a City facility to provide the services. It would be a hybrid to avoid purchasing malpractice insurance. There was discussion the agreement for one year should be approved and the clinic proposal decided for the next fiscal year. Consensus Mayor Rodriguez declared there was conseihsus the staff investigate the feasibility of a clinic as an alternative. Motion Commissioner Holzman moved to approve Resolution R11 -128 and amend the Resolution such that it reflects a one -year agreement. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid for "ANNUAL BID FOR THE PURCHASE OF 11R22.5 RECAP /RETREAD TIRES" Bid # 075 - 1412- 11 /MFD to: Wingfoot Commercial Tire Systems, LLC. as the primary vendor and to Tiresoles of Broward as the secondary vendor, as both are responsive, responsible bidders who met all specifications. Estimated annual expenditure is $130,000. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. B. Approve utilizing the State of Florida Contract #725 - 330 -05 -1 with Verizon Wireless for approximately $105,500 for smart phone service, cell phone service and air cards for wireless data services. 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None (Item 13.A was discussed at this time in the meeting.) 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. Attorney Cherof administered an oath to all those intending to testify on the quasi - judicial items, 9.A, 9.B, 9.0 and 9.D. A. Approve conditional use and major site plan modification for a drive - through facility at a Publix grocery store on 14.42 acres in the C -3 Community Commercial zoning district. Applicant Jami Passer, E&A Sunshine, LLC. Kathleen Zeitler, Planner, located the property and explained the several proposed modifications. There would be a brand new Publix built that would be 14,000 square feet larger. The existing building was demolished and the new facility would include a pharmacy window on the south building wall. A conditional use was requested with minor site plan modifications for the drive -thru window and landscaping requirements. The Planning and Development Board recommended approval in conjunction with staff's recommendation of approval, with no conditions of approval. The adjacent property owners were notified and no negative responses were received. Jennifer Vail, Land Design South, at 400 Columbia Drive, agent for the applicant, indicated they were in agreement with their being no conditions for approval. Commissioner Holzman reviewed the proposed accesses. Ms. Vail advised there would be two access points to SW 18 Avenue and she reviewed the proposed traffic flow markings. It was anticipated the opening would be August or September of 2012. 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Motion Vice Mayor Orlove moved to approve. Commissioners Hay and Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. Vote The motion passed unanimously. B. Approve a site plan time extension for one year for the proposed Timeless Life Care project consisting of an assisted living facility and ancillary retail on 1.21 acres in the MU -L2 Mixed Use Low 2 zoning district. Applicant: Bradley Miller, Miller Land Planning Consultants. Ms. Zeitler located the property that had been approved as an assisted living facility and the applicants were requesting a one -year time extension for the conditional use, new site plan and various development orders previously approved on June 1, 2010. The approvals are valid for 18 months and would expire December 1, 2011. If approved the expiration date would be extended to December 1, 2012. The justification was challenges due to financing and the economy. Construction drawings were being prepared for submittal in mid 2012. Staff recommended approval with all the original conditions of approval. The Planning and Development Board recommended approval. Bradley Miller, Miller Land Planning Consultants, agent for the applicant, agreed with all the original conditions of approval. The request was based on financing issues. It was anticipated the project would be well underway by the end of 2012. Commissioner Holzman commented he had previously opposed the project for the property because it is not an appropriate location for the facility. He would not support the extension. Vice Mayor Orlove asked how many employees would be at the facility and Mr. Miller responded the peak hour staff would be 20 -25 individuals. It would have 24 -hour staffing. There would be retail space available on the first floor. Vice Mayor Orlove noted there would be the potential to bring jobs to the corridor and possibly other businesses. Commissioner Ross pointed out the residents of the facility would have visitors and family coming into the area too. 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Motion Commissioner Hay moved to approve, subject to the staff conditions of approval. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. Vote The motion passed 4 -1 (Commissioner Holzman dissenting). C. Approve a Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Applicant: Stonehaven HOA. Ed Breese, Principal Planner, located the property in the Stonehaven development and the request to change the rear setback from 15 feet to one foot for Lot 112. A small addition to an existing home was the basis for the request. There is a 14 x 18 foot concrete slab in place. The addition will not affect access to the lake, utility easement or sight line of any adjacent property owners. Other property owners requesting change would have to initiate a separate petition process. Similar requests have been granted in other developments. Staff recommended approval. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Commissioner Holzman wanted it clear anyone wanting to proceed in a similar fashion would have to come back before the Commission for approval. Mr. Breese noted the homeowners' association had requested that each change be reviewed individually. Vote The motion passed unanimously. D. Approve Use to allow a wholesale vehicle dealer (with no on -site sales) on Lot 70 of the Quantum Park Planned Industrial Development (PID) district. Applicant: Duke PGC at Quantum 1 9, LLC. 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Eric Johnson, Planner, explained the request would amend the permitted use list for Quantum Park to allow a wholesale vehicle dealer with no on -site sales. The property is zoned PID and has a land use classification of Development of Regional Impact (DRI) and Lot 70 has an 01 (Office /Industrial) land use option. Staff had determined the proposed use was a wholesale activity. It was determined the business would comply with all operational performance standards. The applicant assured there would be no on -site sales. There were two additional conditions of approval that require no on -site vehicle display or repair. Based on the limited scope of the application and affecting only one lot, staff recommended approval. Scott Backman, 5535 Town Center Road, Boca Raton, was land use counsel for the applicant/landlord and the tenant. He agreed with all conditions of approval and clarified the operation is a wholesale type of use and not a car dealership. The vehicles are stored in the warehouse until they are shipped to the local auto auctions. Vice Mayor Orlove and Commissioner Ross disclosed they had previously met with Mr. Backman. Vice Mayor Orlove inquired if the CarMax dealership would be competitive with the proposed establishment. Mr. Backman advised it was part of the business model but not the entire model. It does foster competition and does not hurt either business enterprise. They are two very different business models. Mr. Johnson explained although there were no on -site sales an individual could approach the location and have a vehicle appraised and ultimately sell the vehicle to the business. The business cannot sell any vehicles from the site and all vehicles would be stored inside the facility. Commissioner Ross developed there would be four to five employees and it could grow depending on demand. Mr. Backman advised there was room for expansion. The idea is not to store to capacity, but to move vehicles to sell at auction. Commissioner Holzman welcomed the business to the community. Motion Commissioner Holzman moved to approve and allow the wholesale vehicles to the Quantum Park Planned Industrial Development District. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. Vote The motion passed unanimously. 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 10. CITY MANAGER'S REPORT A Review and approve property appraisal costs and consider timeline for disposition of certain City -owned Real Property. Ms. LaVerriere indicated the Code requires full appraisals to be done and a competitive bidding process. Both could be done concurrently. There was a quote for $11,500 to have the current realtor conduct the appraisals and prepare a bid package to seek sealed bids. It was anticipated the matter would be brought back to the Commission in February with prices and offers. Jeff Livergood, Director of Public Works and Engineering, advised the adjacent property owners would be notified the property was for sale and if there was no offer the property would go into a competitive bid mode. The High Ridge property was generating some interest. Attorney Cherof advised the properties were not listed for sale. Any or all bids can be rejected based on the appraisal. Motion Commissioner Holzman moved to instruct staff to get the appraisals and go out to bid. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11 -030 - FIRST READING - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners. TABLED ON 11/1/11 Motion Commissioner Ross moved to remove from the table Vice Mayor Orlove seconded the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 11 -030 by title only on first reading. Mike Rumpf, Planning and Zoning Director, reported staff had observed feather banners as they exist in the City at this time and created an administrative process if adopted. One of the proposed changes was to change from a 90 -day consecutive period to broken 45 -day periods. Other changes would be setting a maximum height and restricting the number of banners, location and duration of display. The 25 -foot restriction with the 1:300 linear ratio would be eliminated and require anything that is not five feet from the building subject to the separation would simplify the regulations. Anything not within five feet of the building is subject to the 1:300 ratio Banners could be placed on a sidewalk if they do not impede pedestrian flow. Mayor Rodriguez was concerned with the offset between economic development for the business and aesthetics for the City. Mr. Rumpf could not speculate but noted the proposed change was for a one -year trial period. It would be an opportunity to learn the impact for the businesses and the City. Commissioner Hay inquired how many feather banners existed in the City at this time and Mr. Rumpf advised an inventory reflected there are 19 total banners for 12 businesses. They are illegal based on the current regulations. Mr. Rumpf noted the regulations are City -wide and not every business would want feather banners. A 300 - foot property or smaller could only have one banner. Motion Commissioner Hay moved to allow the public the opportunity to speak on this matter. Vice Mayor Orlove seconded the motion Vote The motion passed unanimously. Mayor Rodriguez inquired if Code Compliance had been consulted about the impact on their operation. Mr. Rumpf had not spoken to Code; however, the Police easily inventoried the existing banners. Mayor Rodriguez suggested a shorter period of time of six months may be more appropriate than a year. Commissioner Holzman questioned if the existing violations continue to occur, how can the additional regulations be enforced? The regulations appeared to simply add 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 administrative issues for Code Compliance and permitting staff because there are so many loop holes and restrictions. He did not see the benefit to the City. Vice Mayor Orlove wanted additional information on the possible gains or detriments that other municipalities had experienced. Mr. Rumpf noted businesses pleading for assistance was the instigation for the changes and the majority withdrew the regulations for their use. Ms. LaVerriere contended staff could handle approximately 100 more permits. Beyond that threshold, it may become problematic. Staff had been directed to not be aggressive in citing the business owners with feather banners that exist at this time. Warnings are being issued. She agreed a six -month trial period would be sufficient Commissioner Hay commented the Commission needs to do anything to help the business owners within the City. He was certain staff could cope with the influx of work. He supported the proposed changes. Motion Vice Mayor Orlove moved to approve on first reading, Ordinance 11 -030 but to amend it to a trial period of six months. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. Mike Wood, owner of South Florida Master Craft on Federal Highway, had installed banners in front of his business. Three customers had commented they noticed the business because of the banner. He did not feel it would be a huge issue and it would be very beneficial to the business owners and urge the Commission to assist. Valerie Pleasanton, owner of Ace Hardware, 510 E. Boynton Beach Boulevard, noted it was important to be able to advertise and the feather flags on weekends attracted customers. She urged the Commission to allow the feather banners with a minimum fee for the permit and allow them for one year. Ms. Pleasanton mentioned computerizing the permit process would be helpful too. Lynn Carrier, owner of Marathon Music, 701 N. Congress Avenue, appreciated the work done on the issue. She felt the six months would be a sufficient period and the density limitation was appropriate. She did not agree with the 45 -day restriction. The feather banners were very effective for her business. Leonard Neil, 310 N. Congress, T- Mobile, stressed visibility was an issue for his location. The feather banners are specially designed and enhance the property. He urged the Commission to permit the banners because they assist with visibility. Tony, Boynton Chevron, 217 N. Federal Highway, had just purchased the gas station and the transition had been difficult. He had used the feather banners on the weekends 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 and the flow of traffic through the store increased. He contended the 45 -day period should be divided for special events or occasions. No one else coming forward, Mayor Rodriguez closed public comment. Mayor Rodriguez supported a six -month trial period, but he was skeptical and concerned that issues would arise between businesses with the 1:300 foot ratio. Commissioner Hay contended the restrictions were so intensive they were encouraging businesses to break the rules. The Commission should avoid restricting or limiting interference with businesses. Mr. Rumpf emphasized the proposed Ordinance had a 10 -foot height limit on the feather banners. Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 11 -031 - FIRST READING - Providing for a temporary, 2 -year suspension of the application or enforcement of provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City - initiated (Vice Mayor Orlove left the dais) Attorney Cherof read Proposed Ordinance No. 11 -031 by title only on first reading. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. C. Request for closed door session to be held at 6:00 p.m. on Tuesday, December 6, 2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011 CA014815XXXXMB(AJ). Attorney Cherof requested a closed -door session on December 6 at 6 p.m. to discuss pending litigation in the case, Clear Channel Outdoor Inc. vs. City of Boynton Beach. D. PROPOSED RESOLUTION R11 -129 - Approve the issuance of a "Notice of Intent ", in preparation for a code review of Land Development Regulations 17 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 involving land use /rezoning and related development applications as directed in the Economic Development Implementation Initiatives adopted by City Commission at the October 18, 2011 meeting. Attorney Cherof read Proposed Resolution No. R11 -129, by title only. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Commissioner Ross clarified the moratorium would be for a period of 180 days and Attorney Cherof agreed. Vote City Clerk Prainito called the roll. The vote was 5 -0. Attorney Cherof advised there would need to be follow -up action by the Commission to further describe and set the study period and allow interested parties to address the issue. 14. FUTURE AGENDA ITEMS A. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City - 12/06/11 B. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:47 p.m. (Continued on next page.) 18 Meeting Minutes Regular City Commission Boynton Beach, FL November 15, 2011 CITY OF BOYNTON BEACH 1 ` � , ,---- Jose ' ayor ,,; -/ Ari r Iliam.• dove, ice Mayor .rte r!lilv Woo .w - .y, Commissi• er - -- /!/S'/ - ATTEST: Steven Hol ma , .mmis oner ° tit ,, • _ hi - Pi_f. _ .. _ 2,• " ,- ./r • et M. Prainito, MMC Marlene Ross, Commissioner ity Clerk dith A. Pyle, CMC . Deputy City Clerk 19 DEVELOPM' IT ORDER OF THE CITY COMMIT ON OF THE Development (..l FY OF BOYNTON BEACH, FLORIDA Bu (ding Engineering Occ. License Deputy City Clerk PROJECT NAME Quantum Park DRI, Lot 70 (Wholesale Vehicle Deal with no- onsite sales) APPLICANT'S AGENT Mr Scott Backman with Siegel, Lipman, Dunay, Shepard & Miskel, LLP AGENT'S ADDRESS 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION. November 15, 2011 TYPE OF RELIEF SOUGHT Request use approval for wholesale vehicle dealership on Lot 70 in the Quantum Park PID. LOCATION OF PROPERTY. Lot 70, Quantum Park PID 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. SCANNFn 2 The Applicant ?‹ HAS DEC 0 8 2011 HAS NOT LIty UierK's Office established by substantial competent evidence a basis for the relief requested. 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included ". 4 The Applicant's application for relief is hereby x 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 k'r Y .-a DATED: /I -- -- I t! P „ �• City Clerk S \Planning \SHARED \WP \PROJECTS \Q∎ .t Lot6E 70`" ° 12 -001 (Wholesale Motor Vehicle Dealer) \DO USAP 12 -001 doc , EXHIBIT "D" Conditions of Approval Project name: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer- with no on -site sales) File number: USAP 12 -001 Reference: Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: y, 1. No on -site sales shall be conducted on -site. !—‘ X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. No outside vehicle display shall be conducted on -site. X 3. No vehicle or automobile repair shall be conducted on -site. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S \Planning \SHARED \WP \PROJECTS \Quantum Lot 68- 70 \USAP 12 -001 (Wholesale Motor Vehicle Dealer) \COA doc DEVELOPM' 'T ORDER OF THE CITY COMMIT ON OF THE CI fY OF BOYNTON BEACH, FLORIDA PROJECT NAME Timeless Life Care Development P&Z Building Engineering APPLICANT'S AGENT Bradley Miller, Miller Land Planning Consultan`3>cc. License Deputy City Clerk AGENT'S ADDRESS 1501 Corporate Drive, Suite 240, Boynton Beach,.Elorida._33 -26 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION November 15, 2011 TYPE OF RELIEF SOUGHT: Request a one (1) -year site plan time extension for a New Site Plan (NWSP 10-004), Conditional Use (COUS 10 -001), and Vanance (ZNCV 10 -005) approved on June 1, 2010, thereby extending approvals from December 1, 2011 to December 1, 2012 LOCATION OF PROPERTY 623 South Federal Highway, Boynton Beach, Honda DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. w' C 2 The Applicant SCANNED ✓ HAS HAS NOT DEC 0 8 2011 established by substantial competent evidence a basis for the gt4f t� PffiC 6 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 "D" 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 4 DATED. 1 / a I - 1/ • / ,t r � , City Clerk S \Planrnng \SHARED \WP \PROJECTS \Time) Cad ='T x ' 09 \DO doc ON 0 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name* Timeless Life Care File Number: SPTE 11 -009 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments None X FIRE Comments: None X POLICE Comments None X BUILDING DIVISION Comments None X RECREATION AND PARKS Comments: None X FORESTER/ENVIRONMENTALIST Comments* None X PLANNING AND ZONING Comments: 1. The approval of the Site Plan Time Extension is subject to the 17 conditions of approval of the original site plan approval (NWSP 10- 004 / COUS 10-001) and the 2 conditions of approval of the variance X (ZCCV 10 -005). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None X SIBIA BUILDING (NWSP 11 -002) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR /kz S \Planning \SHARED \WP \PROJECTS \Timeless Life Care \SPTE 11- 009 \COA doc DEVELOPM` 'T ORDER OF THE CITY COMMIT' ON OF TH CI t Y OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering y Drive-Through Facility Occ. License PROJECT NAME Publix Pharmac lark Drive -Throu h Facilit at Sunsh illdP� F� APPLICANT'S AGENT. Jennifer Vail, Land Design South AGENT'S ADDRESS. 400 Columbia Drive, Suite 110, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION November 15, 2011 TYPE OF RELIEF SOUGHT Request conditional use approval for a drive - through pharmacy and a major site plan modification to the south side of the proposed Publix grocery store for the drive - through pharmacy at the Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C -3 Community Commercial zoning district LOCATION OF PROPERTY: 501 SE 18 Avenue, Boynton Beach, FL DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations SCANNED 2 The Applicant VHAS DEC 0 8 2011 HAS NOT I(!" 9er K's Office 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 "D" with notation "Included" 4 The Applicant's application for relief is hereby .GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7. Other DATED / / 02 / -// h r ` . j ; dux City Clerk Q . S \Planning \SHARED\WP \PROJECTS \Sunshine "1 + y ,.., ...„`;;C:- PHARMACY COUS \COUS 11 -004 MSPM 11- 004 \DO doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Publix Pharmacy Drive- Through at Sunshine Square File number: COUS 11 -004 / MSPM 11 -004 Reference 2nd review plans identified as a Conditional Use /Major Site Plan Modification with a October 4, 2011 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE , REJECT ENGINEERING DIVISION Comments. None X FIRE Comments None X POLICE Comments None X BUILDING DIVISION Comments* None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments. None X PLANNING AND ZONING Comments. None (all previous comments have been addressed). X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X None ADDITIONAL CITY COMMISSION CONDITIONS To be determined t il ' S \Planning \SHARED \WP \PROJECTS \Sunshine Square \2011 PUBLIX PHARMACY COUSCOUS 11 -004 MSPM 11- 004 \COA doc DEVELOPM 'T ORDER OF THE CITY COMMI; ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME* Stonehaven HOA (MPMD 11 -001) P &Zopment Building Engineering APPLICANT'S AGENT Ms Voncile Smith Occ. License Deputy City Clerk AGENT'S ADDRESS 1747 Banyan Creek Court, Boynton Beach, FL a3436- DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request Master Plan Modification to reduce rear setback from 15 feet to 1 foot for Lot 112 LOCATION OF PROPERTY 1747 Banyan Creek Court, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant SCANNED ,HAS DEC 08 2011 HAS NOT City Clerk's Office established by substantial competent evidence a basis for the relief r quested 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included" 4 The Applic 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 DATE D • 11 a ! — // t� Pwvu City Clerk • S \Planning \SHARED \WP \PROJECTS \S'' ave '. 'MD 11 -00 2 • doc -9., (1 EXHIBIT "E" Conditions of Approval Project name: Stonehaven HOA File number MPMD 11 -001 Reference Master Plan Amendment for rear setback of Lot 112 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments None X PUBLIC WORKS- Traffic Comments None X UTILITIES Comments None X FIRE Comments. None X POLICE Comments: None X ENGINEERING DIVISION Comments None X BUILDING DIVISION Comments. None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1 Rear lot setback adjustment from 15 feet to 1 foot for Lot 112 only Future requests will be through separate Master Plan Modification X application Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. 2 None X ADDITIONAL CITY COMMISSION CONDITIONS Comments 3 To be determined. S \Planning\ SHARED \WP \PROJECTS \Stonehaven \MPMD 11-001 \COA doc