Minutes 07-17-12MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
JULY 17, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL,
100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager
Mack McCray, Vice Mayor James Cherof, City Attorney
Steven Holzman, Commissioner Janet Prainito, City Clerk
Marlene Ross, Commissioner (arrived at 6.38 p m
1. OPENINGS
A. Call to order - Mayor Woodrow L Hay
B. Invocation by Rev. Georgia Hillesland, Boynton Beach Congregational
Church
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
Mayor Hay called the meeting to order at 6:34 p.m. and welcomed everyone. An
invocation was given by Reverend Georgia Hillesland from the Boynton Beach
Congregational Church. The Pledge of Allegiance to the Flag was led by Commissioner
Holzman.
Mayor Hay thanked Rev. Hillesland and welcomed her to the City of Boynton Beach and
local government.
D. Brand Promise Statement
"It is time to take a look at Boynton Beach. Its energetic downtown revival emanates
from the busy Boynton Harbor Marina docks to the community's historic heart and soul."
The Mayor added he had gotten positive reviews on the branding efforts of the City of
Boynton Beach.
(Commissioner Ross arrived at 6:38 p.m.)
E. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Holzman pulled Items 6.E, 6.F and 6.K for discussion. Vice Mayor
McCray pulled items 6.13, 6.C, 6.1-1 and 6.J. for discussion. Commissioner Ross also
pulled item 6X
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Ms. LaVerriere mentioned there was a letter from Peter Flotz from the Lansing
Melbourne Group that was working on the Old High School project requesting a
postponement of the update to August 21
Commissioner Holzman was not sure Mr. Flotz would continue to be considered for the
project and felt there should be discussion on how to proceed. There has been some
divergence within the group. Mayor Hay noted that August 21 would be very close to
the 120 -day timeframe. Commissioners Holzman and Ross wanted to discuss the
matter and there were other parties from the Group who were present.
2. Adoption
Motion
Vice Mayor McCray moved to adopt. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission
Commissioner Ross thanked the members of the Commission, staff and public who
were involved with the budget hearings. She appreciated all the input and feedback.
There was progress made on the budget.
Mayor Hay mentioned there was an ongoing convention at St. John Missionary Baptist
Church and was pleased with the participation of two of the Police Officers and Vice
Mayor McCray in the opening ceremonies. The event would be ongoing throughout the
week and invited everyone to join in the celebration.
The Chamber of Commerce luncheon featured Sharon Bock, County Clerk, as the
speaker regarding identity theft. There was also insight from law enforcement on the
problem.
Mayor Hay announced the resignation of Commissioner Orlove. He was an asset to the
City and had the passion for the City that is needed in government. He tried to do the
best for the citizens and the City of Boynton Beach. He will be missed and Mayor Hay
wished him the very best in his new career.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Presentation of Citation for Gertrude Sullivan
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Mayor Hay read the Citation for Gertrude Sullivan, a community activist and long -time
resident of Boynton Beach. She served the community in many capacities.
Commissioner Ross noted the schedule for the budget workshop had changed. Mayor
Hay explained three days had been scheduled, but the workshop concluded in two days
and the Wednesday public session was no longer needed. There would be a closed -
door session with the Commission at 12 noon on Wednesday.
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)
David Floering, owned a business at 417 NE 6 Avenue and had several issues. He
had sued the City for public records that had not been provided for several months. The
suspended Mayor was arrested for criminal activity involving the public records request.
The Court ruled against the City and ordered the City to pay his attorney fees in the
amount of over $22,000. Attorney Cherof had not responded to Mr. Floering's attorney
for over a month. He anticipated having to sue again to get his money back.
Mr. Floering had also requested information relating to Attorney Cherof's billable hours.
Over the last ten years over $6 million had been charged to the City of Boynton Beach
for legal services. At the rate of $175 an hour, there would be over 80 billable hours a
week. Obviously more than one attorney is involved. Mr. Floering did not feel the
number of billable hours being charged to the City had been provided to him. He had
also attempted to get verification that Mr. Cherof's law firm represents 12 other
municipalities and numerous other governmental agencies. Mr. Floering wanted
clarification on Attorney Cherof's position with all the other agencies and how much was
being billed to each of those entities. His intent was to determine if the billable hours
were a fair representation of the work being done. Exploring saving some money in the
Legal budget may be worth investigating Mr. Floering opined. Mr. Floering maintained
that other municipalities are billed about half the amount that was being billed in the City
of Boynton Beach.
Mark Karageorge, 240A Main Boulevard, requested the public be allowed to speak on
two items 5.13 and 10.A. Mayor Hay advised the decision would be made at the time the
Items were before the Commission.
Toni Donlon, 1 B Ridgepoint Drive, advised residents from Tradewinds Estates West
had been interviewed by a news reporter relating to traffic problems experienced due to
high density development with no regard for protection of her neighborhood. There has
been ongoing dialogue with City staff to no avail. Ms. Donlon had initially emailed staff
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regarding delivery and construction trucks traveling Old Dixie Highway and was told the
developers were directing traffic onto Gulfstream Boulevard. Stray trucks would be a
possibility. A year later the same situation exists because no deterrents have been
instituted. This year Ms. Donlon again complained to staff about the truck traffic and the
response received was that a lawfully operated truck would be no more of a hazard than
an automobile. In her view the braking distance of larger trucks was not considered or
the extent of possible damage that could result in an accident. Drivers, not familiar with
the area, would be another factor that should have been considered. She noted a traffic
volume and speed survey had been conducted and the results were questionable.
Bicyclists are definitely in danger along the roadway. There is definitely an increase in
traffic levels due to Walmart and Seabourn Cove residents. She submitted a petition
signed by residents of Tradewinds Estate West that outlines the road conditions and
recommends traffic calming measures. They strongly opposed sidewalks and urged the
Commission to direct staff to work with the communities to arrive at appropriate
solutions to the problems. The funding should be budgeted for the traffic calming
measures.
Linda Stabile, 3811 Wall Street, Delray Beach, in Tradewinds Estates West, indicated
the residents had spent two years attempting to have staff resolve the traffic problems in
the neighborhood. The problems were the result of the City's approval of Walmart and
two housing developments. She sought assistance in having the traffic engineer
acknowledge the safety issues, prompt the traffic engineer to work with the community
residents to agree on solutions and approve any necessary financing to resolve the
issues Tradewinds Estates has 50 single family homes that are now surrounded by
high density development and a recently completed Walmart. Delivery trucks for
Walmart continue to use Old Dixie Highway and the management of Walmart had to be
notified by the area residents. The developers of Seabourn Cove were contacted too.
Ms. Stabile asserted the residents fear for their lives and property and provided a
handout why the residents do not agree with the traffic engineer's conclusions.
Excuses had been made why the recommendations submitted could not be undertaken.
His recommendation was to provide sidewalks, a solution that would not slow traffic or
decrease volume or prohibit heavy vehicles on north Old Dixie Highway. The bicyclists
would be put at even greater risk. County Commissioner Abrams responded promptly
when contacted, but advised the road falls within the jurisdiction of Boynton Beach.
Ms. Stabile pointed out the residents of Tradewinds did not oppose the progress in the
area, but demanded the same respect be shown to the homeowners for protection of
their lives and property. The City would be held responsible for any further harm if
action was not taken soon.
David Katz, 67 Midwood Lane, commented the law suit settlement for $22,000 in
regard to the public records request was a disappointment. He hoped no further funds
would have to be expended for Mr. Floering to retrieve his attorney fees. He also
mentioned the brief prepared by the City Attorney that had been filed in his lobbying
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case was very large and pointless Mr. Katz mentioned the suspended Mayor now has
his boat for sale. Mr. Katz had attended the July 4 th fireworks that were patriotic and
very enjoyable. He speculated that Mr. Suss's not attending the next fireworks display
would be appreciated by many others.
Herb Suss, 1711 Woodfern Drive, complimented the Commission and staff for their
budget presentations. Many good points and recommendations were offered. Mr. Suss
urged the Commission to continue to support the 7.8 millage rate to build up a residual
to cover future capital improvements. He reiterated the $50,000 spent on the fireworks
display could have gone into the Heart of Boynton and should be closely monitored for
next year.
No one else coming forward, Mayor Hay closed Public Audience.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
Motion
Vice Mayor McCray appointed Aylin Tito as an alternate to the Arts Commission.
Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
Motion
Commissioner Holzman moved to table the Code Compliance appointment until it could
be determined if the applicant was willing to accept an alternate position. Vice Mayor
McCray seconded the motion.
Vote
The motion passed unanimously.
Motion
Mayor Hay moved to appoint Jeanne Heavilin as a regular member of Special Events
Ad Hoc Committee. Vice Mayor McCray seconded the motion
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Vote
The motion passed unanimously.
B. Review procedures for filling vacancy on Commission.
Mayor Hay noted the Commission had recently gone through a similar process and
wanted to declare the Commission District 1 position as vacant. The Charter requires
the position be filled by two Commission meetings thereafter. Mayor Hay contended
the position should be open to the public and let those interested submit their
qualifications to the City Clerk's office to be reviewed at the first and second meeting in
August to fill the position.
Motion
Commissioner Holzman moved to declare the vacancy. Vice Mayor McCray seconded
the motion.
Vote
The motion passed unanimously.
Mayor Hay reiterated for those who reside in District 1 and are interested in the position,
they should submit a resume to the City Clerk to be considered at the first meeting in
August.
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 regular meeting held on July 3,
2012
B. PROPOSED RESOLUTION NO. R12 -059 - Authorize and direct execution of a
lease agreement with MetroPCS Florida, LLC ( "MetroPCS" or "Tenant ") to
allow for ground equipment and co- location on the existing telecommunications
tower at Hester Park (1901 North Seacrest Boulevard)
Vice Mayor McCray wanted to inform the public there would be $800 a month income
for the City of Boynton Beach.
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Motion
Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
C. PROPOSED RESOLUTION NO. R12 -060 - Approve an Agreement with Arthur
J. Gallagher Risk Management Services, Inc. of Boca Raton, FL for brokerage
services for the Renewal of Current Insurance Programs, RFP #050-1710 -
12/JMA for the annual fee of $7,500 and authorize the Interim City Manager to
sign the Agreement
Vice Mayor McCray stressed there was a savings from $12,000 down to $7,500.
Motion
Vice Mayor McCray moved that Resolution No. R12 -060 be approved. Commissioner
Holzman seconded the motion.
Vote
The motion passed unanimously.
D. PROPOSED RESOLUTION NO. R12 -061 - Approve renewal of an agreement
with Health Career Institute, Inc., (HCI) and the City of Boynton Beach to
provide a continuation of our Fire Rescue Department as a field training site for
paramedic and EMT programs
E. PROPOSED RESOLUTION NO. R12 -062 - Authorize the purchase of property
owned by Gail & Andrew Luchey, located at 128 N.W. 10th Avenue, aka 128
W. Martin Luther King Jr. Blvd., for the price of $65,000 plus all costs
associated with the purchase and authorize the Mayor to sign the Purchase
Agreement
Nancy Byrne, Development Director, explained the property bordered the Sara Sims
Cemetery and the Community Redevelopment Agency (CRA) would be purchasing two
additional properties owned by Mr. Luchey. Some of the Community Development
Block Grant (CDBG) funds would be used to acquire the property to demolish the site
and expand the cemetery.
Mayor Hay indicated the lot was a hangout for undesirables and it was long overdue
that the property be controlled. Ms. Byrne explained the property would be owned by
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the City and /or the CRA for the purpose of expansion of the Cemetery. Ms. LaVerriere
advised there had been a land swap and the City was focusing on the properties on the
west side and the CRA was focused on the east side. There was one additional
property that needed to be secured and eventually demolished to improve the entire
area.
Commissioner Holzman inquired how much funding was left in the CDBG funds to do
similar purchases. Ms. Byrne advised she would submit the information to the
Commission and the other property would eventually be brought before the Commission
also.
Vice Mayor McCray recalled there had been discussion about the area being made into
a passive park in addition to more space for the Cemetery. He also emphasized the
appraisal price was $66,000 and the City was purchasing the lot for $65,000 for a
$1,000 savings.
Motion
Commissioner Holzman moved to approve Resolution R12 -062. Vice Mayor McCray
seconded the motion.
Vote
The motion passed unanimously.
F. PROPOSED RESOLUTION NO. R12 -063 - Approve and authorize financial
support for Economic Development match funding required of 20% for the
State of Florida's Qualified Target Industry Tax Refund (QTI) Program
Ms. Byrne indicated the project would move into Quantum Park and bring 40 jobs with
an average salary of $71,000. In future years the City would be matching the State
Qualified Target Industry Grant. The State offered $112,000 based on the number of
jobs and salaries paid. The City portion would be 20% or $22,400 to be taken from
CDBG funding and a future allocation approved at a prior meeting of $125,000. It would
not paid out until the jobs were created.
Commissioner Holzman inquired if there was a requirement that the jobs be maintained
for a specific time period. Brian Cartland, Vice President of Business Recruitment for
the Business Development Board of Palm Beach County, responded the State of
Florida would be responsible to verify the jobs were created and maintained and pay the
wages anticipated. The company must pay 100% of the wages they commit to and
create at least 80% of the jobs they commit. Mr. Cartland added the money would be
paid out over a 7 -year period and the jobs would have to be maintained over the same
period. Ms. LaVerriere advised the payments would be made directly to the State upon
the meeting of the requirements.
Meeting Minutes
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Boynton Beach, FL July 17, 2012
Commissioner Holzman stressed money had been allocated from the CDBG funds and
as much money as possible should be held to cover these types of expenditures to
improve the City. He hoped the monies could continue to be allocated to similar
business ventures.
Motion
Commissioner Holzman moved to approve. Commissioner Ross seconded the motion.
Vice Mayor McCray thanked Mr. Cartland for bringing 40 new jobs to the citizens of
Boynton Beach.
Vote
The motion passed unanimously.
G. Accept the written report to the Commission for purchases over $10,000 for the
month of June 2012.
H. Approve the Bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL -
OFFS" Bid # 049 - 2510- 12 /JMA to Iron Container of Miami, Florida as the
lowest, most responsive, responsible bidder who met all specifications with an
estimated annual amount of $60,000 for the bid award period of September 2,
2012 to September 1, 2013.
Vice Mayor McCray noted for the year 2009/10 it was $83,260 and 2010/11 it was
$56,750 and for this year it is $43,500 to date. He questioned how the $60,000 was
determined. Mr. Livergood anticipated a final expenditure for the current fiscal year to
be approximately $55,000. The $60,000 was a budget figure not to exceed for the
replacement of the roll off containers and dumpster containers.
Motion
Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion.
Vote
The motion passed unanimously.
I. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility
Revenue Fund for the nine (9) month period ended June 30, 2012.
J. PROPOSED RESOLUTION NO. R12 -064 - Approve the acceptance of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The Boynton
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Boynton Beach, FL July 17, 2012
Beach Police Department was awarded $43,791 (award # 2012 -DJ -BX -0117)
on June 21, 2012. The funds have been allocated towards Holiday Deployment
Operations and the purchase of tasers.
Vice Mayor McCray wanted to know how many tasers were being purchased from the
monies. Police Chief Immler replied 24 tasers were being purchased.
Motion
Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
K. Update on Tow Franchise
Commissioner Holzman requested an update to ensure the process was moving
smoothly and the citizens were being handled with the utmost care. Commissioner
Ross noted the towing company representatives were present; Steve Beck and Drew
Zuccala. Detective Steve Harris of Boynton Beach Police Department, remarked
everything was status quo with the contract. There have been in -house problems that
have had to be resolved. There was nothing to inhibit going forward with the
arrangement and contract.
Commissioner Holzman suggested there appeared to be issues with enforcement or the
use and terms of the contract. Detective Harris emphasized there would be issues on
when and what cars should be towed. The contract provisions were fine. Everything in
house was handled by staff. A complaint would be given to Detective Harris and it
would be sent up the chain of command to be resolved.
Commissioner Ross wondered if a policy decision by the Commission should be done
to indicate how the problems should be handled. Commissioner Holzman was
concerned that all officers treat each case the same way with standard processing
procedures. Detective Harris advised there was an index code and towing procedure
that had to be followed. The procedures are very definitive and all officers have to
review it and be tested. Commissioner Holzman hoped the mistakes made would be
minimal. Detective Harris assured the Commission the mistakes were minimal.
Ms. LaVerriere advised there had been a meeting with police staff, City Attorney and
tow providers to resolve issues. The City was very pleased with the vendors' service.
There is a complaint resolution procedure and if not resolved, it rises to Ms. LaVerriere
or consumer affairs complaints come to Ms. LaVerriere. She had received no
complaints on the franchise contract for the past two years. All complaints have been
handled at the police department level and any problems have been worked out.
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Commissioner Ross specifically inquired about the issue of whether a vehicle gets
towed or not because there seemed to be some confusion. Detective Harris explained
if the vehicle is put into a parking lot and does not pose a safety risk, the officers give
the owners an option of having the car towed. The tow companies feel they are losing
money by not being allowed to tow all vehicles. The police have no control if the owners
take care of the vehicle on their own.
The tow company representatives had no comment. Ms. LaVerriere advised further
updates would be provided. Mayor Hay indicated public comment would not be
received.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Recommend approval of negotiated settlement at mediation for $7,500 in the
case of Blanche Evans v. City of Boynton Beach.
Motion
Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion.
Vote
The motion passed unanimously.
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. Approve Master Plan Modification to the Boynton Village & Town Center
development to re- design the Cortina portion of the site from 458 townhomes to
34 townhomes, 348 apartments and 80 single - family homes, including the
relocation and re- sizing of the park land dedication.
Attorney Cherof administered an oath to all those intending to testify.
Ed Breese, Principal Planner explained the master plan modification to redesign the
Cortina portion of the Boynton Village and Town Center. There was a land use
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amendment and rezoning approval in 2005. The south western section was rezoned to
Community Commercial and the balance of the property was rezoned to Suburban
Mixed Use. Staff requested a master plan for the entire site because of the
interconnectivity and shared amenities for the 106 acres. The total number of dwelling
units in the master plan would increase from 1,120 to 1,124 with the four additional units
allocated to the Cortina portion of the site.
The modification depicts the 34 townhomes along the north portion of the property
abutting the C -16 canal. There would be 10 apartment buildings around the lake. The
80 detached single - family homes would be in the south quadrant of the site abutting Old
Boynton Road. The park that was previously proposed would be relocated along
Renaissance Commons Boulevard along side the lake. There would be parking at the
north end of the park for the public. Those residing in the project could walk to the park.
The public could also walk over from the mixed -use portion of the development that
does have plenty of parking. It would be a passive park for the public. The applicant
proposed to develop the park and maintain it at his expense.
Ms. LaVerriere pointed out the entire area is surrounded by sidewalks to accommodate
a pedestrian - friendly environment. Mr. Breese added there would be a 40 foot wide
green belt with a path along the back canal that comes out to the park.
Mr. Breese continued that the traffic flow had previously been addressed with the
widening of Old Boynton Road and Gateway Boulevard and the continuation of
Renaissance Boulevard across the C -16 canal to connect to Old Boynton Road. The
greenway path would be part of the construction of the Cortina site.
Staff reviewed the plan and recommended approval of the master plan modification
subject to the conditions of approval. The site plan would be brought before the
Commission at a later date.
Mike Covelli, 2295 NW Corporate Boulevard, addressed the parking at the park and
described there were 10 spaces at the north end of the park itself. Across the street
there is a very large parking lot and it was decided those spaces could be utilized rather
than using the park area itself for parking.
Commissioner Holzman was concerned with the public use of the park and crossing
Renaissance Boulevard could be dangerous. He suggested more parking be available
within the park area. Mr. Covelli would accommodate the suggestions, but cautioned
there should not be a lot of asphalt in the park.
Commissioner Holzman established the applicant agreed with all the conditions of
approval and Mr. Covelli concurred and asserted the modification was well thought out
and planned. The purpose was to re- program the project to accommodate the housing
market and financing to bring diversity into the plan and revitalize the project. There is a
walkway the entire way around the lake and the park has been expanded with the visual
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of the lake The greenbelts were expanded along the canal to the south and would
soften the southern edge too. More connectivity has been added with a greenway
between the single family homes and apartments. The mass of the buildings along the
canal have been moved back making them over 300 feet away from the neighboring
homes across the canal.
Mr. Covelli explained the park would be passive and a number of trees on the existing
park would be relocated. It would initially be totally leveled and irrigation installed.
Receptacles would be provided.
Mayor Hay opened the issue for public hearing and no one came forward.
Motion
Commissioner Ross moved to approve. Commissioner Holzman seconded the motion.
Vote
The motion passed unanimously.
B. Approve conditional use request to allow an existing restaurant to also operate
as a bar /nightclub establishment on a 0.668 -acre parcel in the C -4 General
Commercial zoning district. Applicant: Bradley D, Miller, AICP
Attorney Cherof administered an oath to all those intending to testify.
Eric Johnson, Planner, explained the conditional use application by Cuthills for the
property at 511 NE 4 th Street zoned C -4, General Commercial with a General
Commercial land use designation. The surrounding properties were identified. The
request was to allow an existing restaurant to operate as a bar /night club. The property
is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area #3. The site was originally modified as part of a minor site plan modification. The
request was based on the merits of a conditional use request and how well it meets the
standards for evaluating a conditional use. The applicant had been given a live
entertainment permit in February, 2012.
Staff evaluated the request based on the standards for a conditional use and the
ingress and egress are adequate and the existing parking is sufficient with no additional
parking associated with this request is required. They are not required to upgrade the
parking lot. The site has been enhanced per Code based on the approval of a minor
site plan modification. The request was reviewed for refuse and service area, utilities,
screening and buffering, signs, setbacks and was generally compatible with the C -4
zoning district. It is close to the downtown and in a general commercial area.
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It should be noted the establishment had received more police calls than other like
businesses. Staff recommended approval of the project contingent upon the applicant
coordinating more with the Police Department to diffuse the potential for future
nuisances. The other condition related to the timeframe to obtain a modified Business
Tax Receipt and the third condition, eliminate the off premises sign. Commissioner
Holzman inquired about the reason for the calls and Mr. Johnson replied the complaints
were for loud music and other problems that occurred all through the night.
Mr. Johnson advised one phone call had been received objecting to the conditional use.
He understood the objection related to the noise levels and the party was present to
speak.
Mayor Hay inquired if the applicant agreed with the conditions of approval. Bradley
Miller, agent for the applicant, confirmed the applicant agreed with all conditions
including the modified condition.
Commissioner Ross wanted to hear Major Briganti's report. Ms. LaVerriere advised
Major Briganti had been working with the restaurant owner regarding some of the calls.
Major Frank Briganti, Police Department, responded Mr. Hall had contacted the Police
Department and spoke with several staff members. The District Commander had met
with him and addressed some of the possible issues and dealing with those issues, two
or three times a week. Mr. Hall has also hired off -duty police officers on the weekends
during the busiest hours from 9 p.m. to 3 a.m. The restaurant closes at 2 a.m. and the
officers remain for at least an hour after closing. The owner has made efforts to
address issues before they become a nuisance.
Commissioner Holzman asked if alcohol was currently being served at the premises
and Mr. Miller replied affirmatively.
Mr. Miller, representing Miller Land Planning Consultants and Jim Hall owner of Cuthill's
Backyard, advised the hours of operation from 11 a.m. and except Sundays he is open
until 2 a.m. Sunday closing is midnight. The request was made because it is currently
operating as a restaurant use and the Code says you have to have food sales of 51%.
The purpose is to get the use approved through zoning in addition to the restaurant as a
bar /nightclub. Commissioner Holzman surmised there was no plan to change the use,
rather make the current use appropriate within the Code. Mr. Bradley reported there
would be no physical change, just the zoning use and being able to comply with the
definition of the Code.
The business has gone through a significant transformation from the prior use. It is in
an area of the City that needs revitalization and has gotten a great reception from the
residents. There have been significant landscaping improvements. The benches are
actually paneling from inside the building that was refinished, milled and recycled into
benches for the entire area.
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Commissioner Holzman remarked it was a wonderful location and helped to enhance
the visibility of the downtown. The owner put his money where the Commissions'
mouths have been. It is very popular with no change in the use other than to bring the
property in line with the use already existing.
Motion
Commissioner Holzman moved to approve. Commissioner Ross seconded the motion.
Commissioner Ross commended Mr. Hall, the owner, and remarked she had mostly
positive feedback. She liked the appearance from Federal Highway. Mayor Hay
concurred with the others and had gotten only rave reviews about it. The changes
made were outstanding. Vice Mayor McCray just wanted to know the hours of
operation.
In regard to the noise complaints, Mr. Johnson reported the decibel levels had not been
checked. Major Briganti reported Code Compliance had discussed the noise complaint
and meter readings would be taken this weekend.
Jim Hall, 1010 Murano Bay, reported they had done a lot to ameliorate the noise issues
and other things were being undertaken. The stage was made concave to focus the
sound over the more industrial area, sound mitigation devices were installed on the
fence to keep the sound inside the area. They had signed a contract to get directional
speakers that throw the sound out but dissipates quickly. By September 1 St Mr. Hall
would be in control of the sound systems for any bands. He was attempting to be a
good neighbor. The business has been a success far beyond Mr. Hall's expectations
and he was dealing with the growing pains. He wanted to maintain a good relationship
with the Police Department. The majority of the calls not noise related were off his
property.
Vice Mayor McCray had passed the area and heard nothing but laughter.
Commissioner Ross asked about the frequency of having live bands. Mr. Hall replied
the bands are on premise Wednesday through Sunday. There is a trivia night on
Monday and Tuesday there is an acoustic performer and a whole plethora of different
venues including steel drum musician and jazz bands.
Mayor Hay opened the issue for public hearing.
Mark Karageorge, 240A Main Boulevard had been to Cuthill's Backyard while the
bands were playing and advised a conversation was possible at the table with the music
playing. It is a great investment in the City by Mr. Hall and he commended Mr. Hall for
his efforts. Mr. Karageorge urged the Commission to approve the request. The CRA
has supported endeavor.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 17, 2012
Annie Gerstand, 415 N. Federal Highway, the Promenade, was not present to
minimize Mr. Hall's efforts or his establishments. She was speaking for herself and
several residents in the Promenade regarding the noise level. She had a report from
the Boynton Police Department with 20+ noise complaints as well as other complaints.
There had not been a definitive answer on when the music would end at night. She had
been told it would end at midnight and then told it was 10:30 p.m. Ms. Gerstand could
not use her patio or even be in her living room without hearing the music. Sleeping
and /or eating in peace were impossible. The music had never stopped at 10:30 p.m. or
midnight. She had called Cuthill's and discussed the issues and called the Police
Department who were on scene. Ms. Gerstand's issues were some of the residents
were uncomfortable walking on the street, walking their dogs because of beer bottles on
the street and basically the noise. In her opinion the noise had gotten worse. She
implored the Commission to enforce the Florida Statute and allow the residents to live in
quiet enjoyment.
Brian Edwards, 629 NE 9th Avenue, recalled a noise issue has existed since the
housing units were first built without a resolution. He was excited about the new
business and had heard many comments about the positive impact. Mr. Edwards
wanted the City and CRA to find a way to make sure the business remains successful,
parking is not an issue and small businesses around the establishment thrive. He
encouraged a compromise between Mr. Hall and the neighbors. He felt strongly the
success had to be duplicated throughout the downtown area.
Chandler Winchester, 518 NE 4 Street, had recently moved to the area and was
awakened more by the dump trucks and train than Cuthill's Backyard. He had
complained about the noise once and it was quickly resolved and the owner had
stopped at his residence the next day to apologize. The establishment has done nothing
but bring people to the area. There will be conflicts. It was obvious Mr. Hall had
invested money as a long term investment in the business. The jobs created are
priceless for the area. He urged the Commission to grant the request.
No one else coming forward, Mayor Hay closed the public hearing.
Vote
The motion passed unanimously.
C. PROPOSED RESOLUTION NO. R12 -065 - Approve an amendment to the
Community Development Block Grant (CDBG) One Year Action Plan FY
2011/2012 to provide funding for property acquisition, and Economic
Development
Ms. Byrne explained the request was to reallocate existing CDBG funds from a prior
year allocation which was unexpended to acquire the Luchey property. The agreement
was presented earlier in the agenda. An amount of $30,000 would be used for the QTI
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Project to assist with renovations of the building that Mr. Luchey is moving into. He is
taking low income people into some of those 40 jobs discussed earlier. It is another test
of CDBG funds for economic development.
Motion
Commissioner Holzman moved to approve. Commissioner Ross seconded the motion.
Vice Mayor McCray understood the expense had been approved and questioned why
this request was not done prior to the approval of the expenditure. Ms. Byrne noted the
contract for the $30,000 would come back on another agenda. She apologized for not
scheduling the two requests together.
Vote
The motion passed unanimously.
10. CITY MANAGER'S REPORT
A. Accept the third quarterly status report of the City of Boynton Beach Economic
Development Program Implementation for the 2nd quarter 2012.
Ms. Byrne pointed out the adoption of the Land Development Regulations were critical
to implementing the economic development project. More than half of the
implementation items have been done. The advertisement has been placed to find an
Economic Development Manager and hopefully some of the midterm items would be
addressed. It would be beyond the anticipated timeline.
B. Accept quarterly status report of the City of Boynton Beach Climate Action Plan
Implementation for the 1st and 2nd quarter 2012.
Carisse LeJeune, Interim Assistant Manager, gave a PowerPoint presentation on the
status of the Climate Action Plan. She pointed out the City had recently won the
FCCMA (Florida City and County Management Association) award for program
excellence and includes an award winning Green Building Code. Tracking and
monitoring systems have been in place to measure achievable results and have
completed 10% of the plan to reduce green house gas emissions by 18% by the year
2013 with 50% of the programs in process and 20% as ongoing programs. A few of the
programs undertaken include retro- fitting lighting to reduce energy consumption,
occupancy sensing switches were installed, solar panels and water heaters were
installed at Fire Station #5 and five electric vehicle charging stations installed.
Education is a key component concentrating on educational field trips for local schools
and teaching the importance of environmental conservation. During Earth Week there
are demonstrations and fun projects that give meaning to solar and wind renewable
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
energy and the interrelated nature of the planet and many other meaningful programs.
The staff continues to be environmental stewards by protecting and maintaining our
local scrub areas and wetland preserves. The City is expanding the availability of reuse
water for irrigation and creating environmental friendly bikeways, blueways and
greenways for outdoor recreational activities.
Sustainability also involved a strong economic climate where businesses can thrive and
there are jobs. Another affordable financing objection was recently approved for
commercial businesses to reduce energy operating expenses using energy
conservation techniques. The PACE (Property Assessed Clean Energy) financing plays
a vital role in assisting businesses. Educational programs for residents have been
planned to help homeowners reduce monthly utility bills and encourage healthy
practices for families and home. Sustainability Street is a program in the research and
development stage to be rolled out in the spring of 2013.
The first update on the greenhouse gas emission inventory will be conducted in 2013 to
measure achievements in reducing the carbon footprint for the City. New priorities and
strategies can then be established to ensure the goals are reached. The concentration
has been on items and objectives over which the City organization has control. The
City's participation in the implementation of a regional climate action plan will take the
City's Climate Action Plan to the next level. A summit is planned to be held in Palm
Beach County.
Mayor Hay emphasized the sustainability team has brought national recognition to
Boynton Beach and should be commended. Commissioner Ross pointed out Ms.
LeJeune had been selected to serve on the Southeast Florida Regional Compact of
Counties. Ms. LeJeune noted the Sustainability Street program was initially developed
in Australia where they started with block parties to educate the area residents on
projects that homeowners can initiate. Commissioner Ross noted the initiative in
Boynton Beach began in 2008 and would continue into the future thanks to the hard
work of staff. She had brought the concept forward based on the input from citizens.
11. UNFINISHED BUSINESS
A. Discussion regarding Commission expense account - per request of
Commissioner Bill Orlove.
In the absence of Commissioner Orlove, there was no further comment from the
Commission.
B. Review proposed Scope of Services to be included in Request for Proposals
(RFP) for Police Department Management Study.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Ms. LaVerriere reported Tim Howard, Deputy Finance Director, had reviewed other
RFPs and past processes and studies to create a comprehensive scope of work to
address the Commission's concerns.
Commissioner Holzman thanked staff for their efforts. He did want to see any possible
cost savings from redundant services that could be performed by the Sheriff's office and
eliminated from the Boynton Beach Police Department that are already covered in tax
monies to the County. Chief Immler added requests for the Sheriffs office services are
made through the mutual aid agreement. The Sheriffs office provides no services to
the City at all on a regular basis other than the crime lab. Ms. LaVerriere assured
Commissioner Holzman they would include that language to have the assessment.
Mayor Hay declared there was consensus.
C. A. Follow up discussion and /or action by City Commission to confirm or redirect
project direction
B. Receive project update.
This relates to the project surrounding the Old High School. Commissioner Holzman
noted there had been some divergence within the Group originally selected. He
surmised the decision to have an event center or multi - purpose center at the site was
based on the best possible use rather than the vendor. Commissioner Holzman was not
concerned with who would be doing the project, rather can the project be done as
envisioned? He wanted to continue with whichever faction of the group could continue
with the same concept.
Commissioner Ross did not want to see the project derailed and it should stay on track
with the concept approved by the Commission. Mayor Hay wanted an update from Mr.
Flotz. Commissioner Holzman felt Mr. Flotz had taken himself off the project by stating
he no longer wanted to move forward with the project as approved.
Attorney Cherof pointed out the City has no contractual relationship with anyone at this
point. Concepts have been discussed and interested parties made presentations of
concepts. There is no entity or group of individuals under contract with the City to do
something and obtain payment for it.
Motion
Commissioner Holzman moved to direct staff to continue conversations in regard to the
Old High School with the new consortium led by the architect, Juan Contin.
Attorney Cherof wanted clarification that it implies that communications with other
interested parties will be discontinued. Commissioner Holzman agreed. Commissioner
Ross seconded the motion.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 17, 2012
Vice Mayor McCray was in favor of continuing, but was tired of hearing about the "Old"
High School and the project needed to move forward. He agreed with the motion.
Mayor Hay opened the issue for public input
Herb Suss 1711 Woodfern, concurred and suggested the Commission take the matter
under advisement and go forward with the original concept. There was no cost
involved.
No one else coming forward, Mayor Hay closed pubic comments.
Vote
The motion passed unanimously.
Juan Contin, 826 S. Federal Highway, Lake Worth, gave an update that although there
had been some changes his team was moving strong. A financial, real estate capitalist
was brought on board, Henrik Werring, who has 16 years experience in real estate
finance and capital investment real estate.
Henrik Werring, 1070 NE 96 Street, Miami Shores, had reviewed the performa and
was working with the team to try to locate a sponsor to provide the proper financing for
the project as planned.
Bruce Sutka, 1617 N. Flagler Drive, thanked the Commission and added the team had
every motivation to continue with the project and make it happen as presented.
12. NEW BUSINESS
A. PROPOSED RESOLUTION NO. R12 -066 - Approve Interlocal Agreement
between the City and the Quantum Park Overlay Dependent District thereby
transferring maintenance jurisdiction of certain roadways in Quantum Park to
the City of Boynton Beach
Mr. Livergood explained the Proposed Resolution that is a result of ten years of
activities ongoing in Quantum Park. He gave a brief review that in 2011 there was a
maintenance agreement between the parties for the rights -of -way on Gateway
Boulevard and through Quantum Park and a portion of High Ridge Road. The original
amount was $87,361.55 paid by the City to the District. This existed until 2009 and
grown to approximately $101,000 per year with normal inflationary increases. In March
2009 staff evaluated the requirements of the agreement and it was determine the City
could maintain Gateway Boulevard and High Ridge Road and comply with the terms for
less cost. The agreement was then terminated with six months notice according to the
terms of the agreement.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Upon cancellation, the Overlay District representatives sought an alternate agreement
that would continue to provide for services in the original agreement. Staff evaluated
the situation and recommended continuing with the roadway maintenance and
absorbing the cost of the street lighting on public roadways in the area. It was rejected
by Quantum last August. The counter proposal was for the City to absorb the cost of all
street lighting. The City cannot pay for lighting on roadways that do not belong to the
City. The Commission subsequently rejected any alternative involving street lighting
and reaffirmed its belief that the maintenance agreement had been properly terminated.
The District looked for other solutions to resolve the dispute and eventually voted to
seek conflict resolution with the City. It was obvious that the residents and businesses
in the Overlay District were caught between two government agencies.
Staff proposed rather than entering into maintenance agreements, the best solution
would be for the City to assume maintenance responsibility for the roadways within
Quantum. The City would prefer that eventually the Overlay District not exist that was
established as a taxing district for the residents and businesses in the area to pay for
the infrastructure. Upon completion of payment of bonds and debts of the District it
would be in their best interest to dissolve and the maintenance of the streets revert to
the City.
The roadways are in excellent condition as they have outstanding engineering and just
completed a capital improvement program. The streets have been resurfaced,
sidewalks repaired and curb repaired. Inspections were done by the City and
recommendations for improvements were made, especially with the sidewalks to the
High School. The Overlay District took care of most of staff's requests. The remaining
issues involve a railroad crossing on High Ridge Road that is currently maintained by a
private entity. It is on an abandoned rail spur. The public's safety is the concern. The
City wanted more tree removal, but it was not a deal breaker. The agreement required
the City reimburse the Independent District for street lighting effective October 1, 2011.
Since the taxes are assessed as a non ad valorem tax and the street lights are already
paid for, the monies collected should be returned to the residents and the property
owners within the District. The assumption would be if the City assumed maintenance
responsibility of the roadways that the expenses in the District would go down; hence
the taxes for businesses and residents should go down.
The Commission had three options as follows:
1) Decline the interlocal agreement and reaffirm termination of the original
maintenance agreement.
2) Enter into the proposed interlocal agreement
3) Decline the interlocal agreement in its current form and make any additions,
changes or corrections.
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
The net addition to the budget if the proposed agreement is approved would be a
$10,000 increase over the $60,000 already budgeted. The annual maintenance would
be $70,000 over and above the street lighting expenses. The annual cost of street light
maintenance and FP &L (Florida Power & Light) would be $115,000 total and there
would be an increased State gas tax revenue of $45,000 for a net cost of $70,000.
Mayor Hay felt he could accept the responsibility for the maintenance in the long -term.
His concern was the commitment to reduce the tax for the homeowners. Attorney
Cherof added the railroad crossing was another missing piece of the puzzle that needed
to be resolved. He suggested there be another condition of approval that Quantum
Limited Partners execute the stipulation for closure of the railroad crossing. It is in the
works, but any approval should be contingent upon the document being signed in the
next 7 to 10 days. If the document is not signed, the matter should be returned to the
agenda for an explanation.
Commissioner Holzman expressed concern about the liability issue of the crossing.
Attorney Cherof was not sure the liability issue would be extinguished. The crossing
would remain until it is removed and the road re- paved. Mr. Livergood was not
concerned with the condition of the crossing at this time. Some of the single -mast arms
were leaning. The rail bed is not being used and will be in disrepair. It will need to be
removed at some point in the future. It should not be at the City of Boynton Beach
expense.
Attorney Cherof said all the interested parties had said they would sign the stipulation
for closure and removal. It will take care of the issue, but the signed document has not
been presented to the City.
The tree removal was discussed and how far apart the parties were. Mr. Livergood
recalled there were 30 or 40 trees that should be removed at $20,000. The Overlay
District was willing to do some, but not all.
On the lighting issue, the argument was the agreement should have been done well
over a year ago and because it did not happen, the City should reimburse the payments
in arrears. The argument was the property owners in the Overlay District had already
paid for the lighting expense and they should be reimbursed. The $60,000 budgeted
would cover the arrearages.
Marty Perry, representing the Quantum Park Overlay Dependent District,
complimented staff and their attempts over the last two years to resolve the issues. Mr.
Perry recalled the agreement originated because the City wanted to have Boynton
Beach High School located within Quantum Park. There was litigation between
Quantum Park and the School District because the School district was unwilling to pay
for the cost of their drainage maintenance and other expenses. It was settled when the
City accepted responsibility for the maintenance instead of the School District.
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
The agreement went well for nine years until the economy fell and budgetary problems
arose. The City Manager at the time offered the City could do the maintenance for less
than the $101,000 per year agreement. The question became whether or not the City
was obligated to pay for street lighting. Mr. Perry maintained the agreement is clear
and the City is required. An agreement was never reached.
The dispute remains whether the City is obligated to pay some sum of money between
what the City had offered to pay and the demand. The $70,000 is out there somewhere
and needs to be settled. There are two governmental entities that represent the
taxpayers in the area who are paying the price. If an agreement can be approved
before the middle of August, the Overlay District budget can be reduced. The letter
from the Board of Supervisors and Mr. Perry was authorized to represent that the Board
would reduce the budget. The assessments saved by the agreement would reduce the
budget from $350,000 to $100,000 for maintenance.
The reimbursement for the FP &L lighting had been agreed upon with former City
Manager, Kurt Bressner, on March 9, 2011. The respective boards would have to give
final approval and it should have been done in May or June of 2011. The delay
prompted the claim for reimbursement from October 2011 forward. The money cannot
be given back to the property owners, but it can be a credit against the next year's
budget.
Commissioner Holzman inquired why the matter had not been brought before the
Commission in March, 2011. Attorney Cherof replied it was a conceptual agreement
and the agreement covers many technical points that delayed the execution.
Mr. Perry emphasized the District had improved the streets for $3 million. In addition,
the eight quarters represent $25,000 a quarter that are in dispute. The District Board
offered to forget the $200,000 if the issues can be resolved. They have a duty to their
taxpayers too. The proposal is a good settlement and Mr. Perry strongly urged the
Commission to approve the agreement. The Board was anxious to see the issue
resolved.
Commissioner Holzman asked if they would agree with the issue on the railroad
crossing and having any agreement contingent upon receiving the signed letter. Mr.
Perry advised he did not control Quantum Limited Partners. Documents have been
drafted by Publix and circulated to four parties; Florida Department of Transportation
(FDOT), Quantum Limited Partners, the Overlay District and Publix. Mr. Perry would
not be able to have the signed agreement in 10 days.
Commissioner Holzman interjected that without that contingency he would not agree to
an agreement without having the guarantee from all the parties that the railroad not be
used, closed and removed by Publix.
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Mayor Hay asked if it would be deal breaker and Mr. Perry could not confirm or deny.
He had no authority other than to say he had agreed in concept. The documents are
being reviewed. FDOT has indicated that Publix can remove the standards and are
responsible for that and post signs indicating it is not an active railroad crossing without
danger to anyone. The Overlay District would dedicate all the streets to the City in their
improved condition. The District would retain ownership and liability of the 25 -foot strip
until the deal is completed.
Attorney Cherof remarked every time there is an issue the Quantum negotiating is not
the right Quantum. After all the years of negotiating, the proposed deal is very good for
the property owners and the District. It is incumbent upon Quantum to get the closure
issue resolved. Attorney Cherof was shocked the City did not have the agreement at
this meeting They have known months in advance there was a concern about the
railroad crossing. It needed to be done.
Commissioner Holzman thought the matter should be tabled to the next Commission
meeting to see if the agreement can be approved and returned to the City. Mr. Perry
stressed a tremendous amount of work had been done to get FDOT, Publix and Mr.
MacDonald together on the issue. The District does not have any problem getting the
paperwork completed. Publix is committed to getting it done and FDOT wants to get it
done. Mr. MacDonald has advised he would get it done, but Mr. Perry was not sure the
documents could be compiled in 10 days.
Commissioner Holzman advised in his opinion the failure to provide the signed
agreement was a deal breaker. He appreciated all the work that had been done.
Commissioner Holzman was representing the entire City and the taxpayers. He agreed
with Attorney Cherof that it should be done. He wanted to table the matter until the next
meeting and hoped the signed agreement could be presented at the next meeting.
Mr. Perry asked the Commission to approve the agreement subject to the condition and
if it is not done by the next meeting it can be added to the agenda. Mayor Hay could
support the offer. Commissioner Holzman understood the railroad would be taken care
of, the taxes would be reduced for the residents, the tree removal difference resolved
and the lighting repayment of $60,000 was not the City's responsibility because the
agreement would have taken this long anyway.
Mr. Perry contended former City Manager Bressner had not brought the matter to the
Commission to vote on the issue. Commissioner Holzman suggested the matter be
compromised at $30,000 each.
Mr. Perry spoke about the trees being a difference of opinion between two arborists.
The trees are on High Ridge Road and Quantum Boulevard that were planted when the
streets were built. The objection related to taking them down at all. They are great
shade trees. Other trees were agreed upon to be removed and /or trimmed. There was
consensus the trees were not a concern.
24
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Motion
Commissioner Holzman moved to approve subject to the $30,000 repayment for lighting
as well as receiving the stipulation for closure for the railroad tracks by the next
Commission meeting, August 7 as well as the $30,000 repayment for the lighting.
Vice Mayor McCray seconded the motion.
Mr. Perry commented unless the City was looking for the removal of the actual tracks,
the removal of the sign standards can be done without MacDonald. It is a Publix issue
that FDOT can force be done at Publix's expense.
Attorney Cherof did not feel it was sufficient. He thought it was interesting that two
other difficult parties are prepared to execute the document, but an entity that appears
before the Commission all the time and sits in the audience is withholding signature on
the document. Now is the time to bring closure to the situation.
Vote
The motion passed unanimously.
B. Discuss the South Central Regional Wastewater Treatment and Disposal Board
Interlocal Agreement.
Vice Mayor McCray noted Thursday at 5 p.m. there would be a meeting and another
person is needed for a quorum. Commissioner Holzman advised he would be in
attendance. He noted Delray Beach had indicated they wanted to appoint the Utilities
Director as well as one member of the City Manager's staff and Finance Director attend
the meetings Commissioner Holzman thought that was a wonderful idea as did the
entire Commission.
Mayor Hay declared there was conceptual agreement.
13. LEGAL
A. PROPOSED ORDINANCE NO. 12 -013 - SECOND READING - Approve
amendment to Land Development Regulations intended to extend the trial
period for temporary feather banners for 12 months and allow for repeated 90-
day display periods
Attorney Cherof read Proposed Ordinance No. 12 -013 by title only on second reading.
IL • •
Vice Mayor McCray so moved. Commissioner Holzman seconded the motion.
25
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Mike Rumpf, Planning and Zoning Director, reported there were no changes from first
reading.
Mayor Hay opened the issue for public hearing and no one came forward.
Vote
City Clerk Prainito called the roll. The vote was 4 -0.
14. FUTURE AGENDA ITEMS
A. Discuss scope and timing of Charter Amendments adoption and public
hearings - 8/07/12
B. Florida Department of Transportation Easement for Noise Wall - 08/07/12.
C. Consider demolition of animal control building for public use parking. - 8 -7 -12
D. 1st Budget Adoption Public Hearing - Tuesday, September 4, 2012 @ 6:30
p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard.
E. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday,
September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E.
Boynton Beach Boulevard.
F. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30
p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard.
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH -
AMERICA'S GATEWAY TO THE GULFSTREAM"
The brand statement was recited by Commissioner Ross.
16. ADJOURNMENT
There being nothing further to come before the Commission, Mayor Hay properly
adjourned the meeting at 9:30 p.m.
(Continued on the next page)
26
Meeting Minutes
Regular City Commission
Boynton Beach, FL July 17, 2012
Commissioner
ve an ommissio r
ATTEST Marlene Ross, Commissioner
et M. Prainito, MMC
Clerk
Ydith A. Pyle, Cl1
eputy City Clerk
27
CITY OF, BOYNTON BEACH
IIIIII OTMOTAT1119 ;
��i IIIII IIIII I� ;J 2111111011
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2012
TYPE OF RELIEF SOUGHT: Request Conditional Use approval to allow an existing restaura
to also operate as a bar / nightclub establishment in the C
General Commercial. I
1 1111111 1 11 i
— LI/ THIS MATTER came on to be heard before the City Commission of the City of Boyntor
Beach, Florida • the date • 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:
11111111111:1 !!111 IIJJIIIIIII��IJJI�IIII lllilll�IJIIIJ 11 111
4 Lei P] 1 11-741 1 a III I 11 r. 14 1011
2. The Applicant
HAS
HAS NOT
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
subject to the conditions referenced in paragraph 3 hereof.
DENIED
II1J111III!!IJI11I III !II Jill �11!111 -�J�
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: 7-
City Clerk
EXHIBIT
CONDITIONS M 1 ! A
Conditional Use I
Project Name: Cuthill's Backyard
File number: COUS 12 -003
Reference: N/A
DEPARTMENTS
1 1 1
Comments: None
Comments: None
POLICE
Comments:
INCLUDE I REJECT
1. Due to the relatively large volume of police calls to the site, staff
recommends the applicant collaborate with the police department for X
options to address the problems, such as the use of police officers to
both discourage and quickly remedy preventable nuisances.
BUILDING DIVISION
Comments: None
Comments: None.
Comments: None
Cuthill's Bar - COUS 12 -003
COA
Page 2 of 2
Comments:
2. Staff recommends that a period of 18 months be allowed for the
applicant to successfully obtain an additional Business Tax Receipt for X
the bar /nightclub component of the establishment.
3. The sign for this establishment, located off - premises at 417 North X
Federal Highway is not allowed and is required to be removed.
II COMMUNITY REDEV L?LOPMENT AGENCY I 1 II
Comments: None.
Comments: None
Comments: To be determined.
-°' ' .
S: \Planning \SHARED \WP \PROJECTS \Cuthill's Backyard - 511 NE 4th St \COUS 1
DEVELOPM IT ORDER OF THE CITY COMMI' 'ON OF THE Development
CITY OF BOYNTON BEACH, FLORIDA Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME Boynton Village & Town Center (MPMD 12 -003)
APPLICANT'S AGENT: Michael Covelli, Covell! Design Associates, Inc
AGENT'S ADDRESS 2295 NW Corporate Blvd , Suite 213, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION* July 17, 2012
TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center
development to re- design the Cortina portion of the site from 458
townhomes to 34 townhomes, 348 apartments and 80 single -
family homes, including the relocation and re- sizing of the park
land dedication
LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road
DRAWING(S) SEE EXHIBIT "C" 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 Applic nt
�_ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "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
11 1F p
DATED 7 - / - J a� / � 1 • P
City Clerk
S \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plans \MPMD 12- 003 \DO doc °' (v`
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EXHIBIT "A" - SITE LOCATION MAP
BOYNTON VILLAGE & TOWN CENTER MPMD 12-003
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EXHIBIT C
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EXHIBIT "C"
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EXHIBIT "D"
CONDITIONS OF APPROVAL
Project Name: Boynton Village & Town Center
File number: MPMD 12 -003
Reference: 2 review plans identified as a Master Plan Modification with a May 24, 2012
Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / UTILITIES
Comments: None, previous comments addressed. X
FIRE
Comments: None. X
POLICE
Comments: None.
BUILDING DIVISION
Comments: None. X
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Approval of the Master Plan modification is subject to City
Commission approval of a revised Park Conveyance X
Agreement and park improvement/maintenance agreement.
2. The recorded Plat will need to be revised to reflect all changes
resulting from any approval of the new Master Plan X
3. As part of the re -plat process, the Limited Access Easement
will need to be revised to reflect the new driveway openings on X
the east side of Renaissance Commons Boulevard.
4. It is the applicant's responsibility to ensure that the application
request is publicly advertised in accordance with Ordinance 04- X
007 and Ordinance 05 -004 and an affidavit provided to the City
Clerk
Subway Headquarters MSPM 12 -001
1 Review Comments
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
COMMUNITY REDEVELOPMENT AGENCY
Comments: None. X
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None. X
CITY COMMISSION CONDITIONS
Comments: To be determined. V
S \Planning \SHARED \WP \PROJECTS \Boynton Village & Town Center \Master Plan \MPMD 12- 003 \COA after P &D doc