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Minutes 10-15-13
MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 15, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C Pledge of Allegiance to the Flag led by Mayor Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. There was an invocation given by Vice Mayor Hay followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Brand Promise Statement The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach, where the nearby gulfstream brings cooling summer breezes and warm winter sunshine." E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced there would be an addition under Consent Agenda, Item 0, Proposed Resolution No. R13 -118, closing Federal Highway on December 7th for the Christmas parade. Attorney Cherof added Item 6.L does have a Proposed Resolution No. R13 -117. Commissioner Merker pulled Item 6 C and 7.F Vice Mayor Hay pulled Item 7.D. 2. Adoption 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion OCTOBER 15, 2013 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commission Casello had attended the Habitat for Humanity Paint -a -Thon, painting 10 homes and the celebration. He was in awe of the Boynton Beach K -9 demonstration. Vice Mayor Hay had been at the Paint -a -Thon and then went to the Wildcat football games that have over 350 young participants. Any assistance that could be given to the football players would be greatly appreciated Transportation to and from the games is a real problem. Commissioner Fitzpatrick had also attended the Paint -a -thon and read to the children. He mentioned the shutdown of the federal government and possible economic disaster. The Tea Party wants to negotiate on the federalization of Romney Care. Commissioner Fitzpatrick had discussed politics with co- workers and pointed out the error of their thinking process. In his view, trashing the government to make a political point was crazy. Only more sane Tea Party members can change the opinions of the radicals and if they do not, would become partners in the craziness. If not changed, the Tea Party will be obscure as other parties have in the past. Vice Mayor Hay wanted to recognize one of the coaches with the Boynton Wildcat football teams and Mike Byrd, the leader of the operation. Mayor Taylor had participated in the Paint -a -Thon with the many volunteers and contractors who were present Other homes would be included in the next event because they represent the entire community He thanked everyone involved. Mayor Taylor also flipped the coin for the first game of the Wildcat teams. The players start from the age of four or five and games continue throughout the day with a different age group every hour. It is a great program 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 A. Announce the request from the Recreation & Parks Department for nominations for the Holiday Parade Grand Marshal. Mayor Taylor read the criteria for the nominations for the Holiday Parade Grand Marshal The nominations would be accepted through October 22 2013 and the forms were available at City Hall and online. The nominations would be accepted through the Recreation and Parks Department. B Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Deborah Bottorff, Arts Commission Chair, will accept the proclamation. Mayor Taylor proclaimed the Month of October as National Arts and Humanities Month. Deborah Bottorff, Chair of the Arts Commission accepted the Proclamation and thanked the Commission and City for recognizing the vital role of Arts and Humanities in the economic growth of any City. She thanked Debby Coles - Dobay, Public Arts Manager, for all her help and guidance so the mission of the Arts Commission can be met C Announcement of the Boynton Beach Community Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October 26 - 27, 2013. Pirates entered the Chambers and delivered a proclamation for the annual Pirate Fest on October 26 and 27 from 10 a.m. to 5 p.m. and the Mermaid Splash celebration on Saturday night from 5 p.m. to 10 p.m Mayor Taylor encouraged everyone to attend and enjoy the festivities. 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) Michael Byrd, 7107 Pinehurst Drive, President of the East Boynton Wildcats, thanked those who attended their games. In October the annual homecoming is held and the park is decorated in pink for Breast Cancer Month. A letter was read thanking the community for supporting the football teams and their homecoming. Mayor Taylor, Vice Mayor Hay and Police Chief Katz participated in the events and City staff worked hard all day. Fire rescue was on site with their equipment for the kids to see. Mr. Byrd estimated 4,500 people attended the event. He hoped the events could continue. Derek Wells, a business owner, asked the Commission to consider more funding for the league during the next budget year. The boys and girls are from five to 15 years old and they meet on weeknights and all day Saturday. Every dollar spent helping the kids saves $20 over time. A variety of people contribute their time and efforts. Youth in the 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 City do not have opportunities for these types of activities without volunteers and more funding. Lori Wilkinson, representing the Education and Youth Advisory Board, announced a fundraiser on October 19 a Shred -a -Thon, to be held at Boynton Beach High School from 9 a.m. to noon. It is an opportunity to have personal or business papers shredded at a cost of $5 per box The shredding trucks will be onsite. As a representative of the Greater Boynton Foundation, Ms. Wilkinson announced the 2nd annual 5K walk for the Barrier Free Park would be held on February 8, 2014. The path goes through Hunters Run and the Barrier Free Park. It is $35 for walkers or runners to participate. Mark Karageorge, 240A Main Boulevard, echoed the comments about the Wildcats football teams. He appreciated the Commission's support of the Wildcats and Habitat for Humanity. Mr. Karageorge mentioned Boynton Beach High School was being reviewed by the Palm Beach School District to be the South Dreyfoos School of the Arts. Many residents fought so Boynton Beach would have its own high school. The Boynton High School students have taken pride in the school and it has improved both academically, athletically and musically. There is an aeronautical school tied in with Emery Riddell and a culinary program that provides skills for jobs upon graduation. The Commission should become involved and vocal about supporting Boynton Community High School. Frank Green, Jr., 424 NE 2 Street, reported there had been an incident at his home and it took the Police Department 35 minutes to respond. He felt it was improper. The noise level was very high after 12 p.m. and he did not understand why it was allowed to continue so late. Mr. Green had called his Commissioner Vice Mayor Hay asked Mr. Green to speak with Chief Katz again. Ray Whitely, 7353 Palmdale Drive, thanked the Police Chief, Mayor and Vice Mayor for participating in the Wildcats Homecoming celebration. He was proud of the youth and the event It builds character, sportsmanship and team work. His group, Boynton United, wanted to bury the violence by the use of positive programs. He thanked everyone for their support. Mr. Whitely did go to the Habitat for Humanity event and was proud to be a resident of Boynton Beach Mack McCray, 806 NW 4 Street, disclosed Mr. Green had called him regarding the noise event and although he was not a Commissioner, he attempted to assist Mr. Green with the problem. A call to dispatch resulted in a conversation with Chief Katz and the matter was resolved He commended the Police Department for their work Vice Mayor Hay indicated he was out of town at the time of the event with Mr Green. He appreciated Mr. McCray's assistance. Vice Mayor Hay knew it was a continuous problem for the area and needed to be curtailed. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Charles Kanter, 2905 S. Greenleaf Circle, related he had traveled extensively over the years and a hotel needs the proper amenities to be successful. The residents had to accept the fact travelers need a place to spend time after hours and the hotel should not be limited on those features It would not be in the interest of Boynton Beach to deny the hotel. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE Motion A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee. 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular Vice Mayor Hay moved to appoint Susan Oyer as an alternate on the Historic Resource Preservation Board. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously Mayor Taylor pointed out applicants for the Building Board of Adjustment and Appeals were needed The Board only meets a couple times a year. There are other openings on many of the boards and he urged those interested in getting involved in the City to apply. 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 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vote OCTOBER 15, 2013 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A PROPOSED RESOLUTION NO. R13 -109 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Florida Education Properties Toscana LLC, for the property at 4945 Via Bari, Lake Worth, FL. This property will contain a pre - school. B. PROPOSED RESOLUTION NO. R13 -110 - Approve payment of $27,506.85 for the annual renewal of the Grants Network Master Subscription and Service Agreement with eCivis and authorize the City Manager to execute the agreement. C. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $755,213.93. This amount reflects unpaid Utility and Solid Waste billings that have been in collections for 18 months or longer. Commissioner Merker pulled this item for discussion He was concerned with the high amount of monies that are uncollectible. It was suggested that updates be given quarterly to monitor the monies owed and the procedure to be undertaken for better collection. Mayor Taylor explained it had been done every six months, but had not been done for some time that escalated the total amount. It would be reviewed at least every six months. Commissioner Casello noted the installment of the Smart meters would allow more manpower to be available for shut offs to be done in a more timely manner. Vice Mayor Hay noted there are 35,000 meters and approximately 12,000 new meters have been installed. They will save money and resolve the issues much quicker for repairs, leaks and usage. It will put Boynton Beach ahead of all other municipalities in Palm Beach County Commissioner Merker moved to approve Item 6.C. Vice Mayor Hay seconded the motion The motion passed unanimously 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 D PROPOSED RESOLUTION NO. R13 -111 - Approve piggyback of Solid Waste Authority's (SWA) Agreement No. 13 -249 for Hurricane /Disaster Debris Removal, Reduction and Disposal with the same terms and conditions. E. PROPOSED RESOLUTION NO. R13 -112 - Authorize the City Manager to execute the Agreement between the City of Boynton Beach and Philips & Jordan for hurricane /disaster debris removal as provided for under the Solid Waste Authority's Agreement No. 13 -249 with the same terms and conditions. This will be used on an "As- Needed Basis" in the event of a disaster /emergency situation. F. Approve the minutes from the Regular City Commission meeting held on October 1, 2013 G. Approve request from Modern Midways for the Boynton Beach Mali Fall Carnival. Applicant: Robert Briggs. H. Approve award for the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS ", BID No. 074 - 2821- 13 /JMA, to American Water Chemicals, Inc. of Plant City, FL as the lowest, most responsive bidder meeting all specifications The estimated annual expenditure for this chemical is $50,000 I. Accept the written report to the Commission for purchases over $10,000 for the month of September 2013. J PROPOSED RESOLUTION NO. R13 -113 - Amending Planning and Zoning Fee Schedule, changes to become effective immediately K. PROPOSED RESOLUTION NO. R13 -114 - Authorize the City Manager to execute a City Administrative Agreement with The United States Mayor Enterprises, Inc., a wholly owned subsidiary of The U.S. Conference of Mayors (USCM), to participate in their deferred compensation and retirement products and services; To include execution of documents required by the U.S. Mayor Enterprises, Inc. selected vendor. L. Approve and ratify the Collective Bargaining Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters, AFL -CIO, CLC and the City. M. Approve the annual blanket purchase order request for an estimated total annual expense of $69,463 to Simplex- Grinnell for fire alarm /sprinkler monitoring, inspections, and service /repairs in various City facilities. Simplex - Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS- 07F- 0396M. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 N. Approve the annual blanket purchase order request for an estimated total annual expense of $28,750 to Thyssen -Krupp Elevator for elevator annual inspections and service /repairs in various City facilities. Thyssen -Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042 Mayor Taylor noted the remainder of the Consent Agenda items were approved with the agenda. He noted Item 6.L involved Resolution R13 -117 approving and ratifying the collective bargaining agreement with Boynton Beach Firefighters. Mayor Taylor thanked the Firefighters for working with the Commission on completing the collective bargaining process in a timely manner. The Firefighters would be receiving a 3% increase as of October 1St 7. BIDS AND PURCHASES OVER $100,000 Motion Vote A. Approve the purchase of an Equature Digital Voice Recorder for the Police and Fire Communications Center by utilizing the GSA Pricing Contract Number GS- 03F-0023T with DSS Corporation for $134,490 (payable over 5 years). Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion Vote The motion passed unanimously. B. Approve utilizing the State of Florida Contract Number 425 - 001 -12 -1 with Watson Furniture Group Inc. for $170,444.16 for the purchase of 10 dispatch console stations and 19 lockers for the Police and Fire Communications Center. Commissioner Fitzpatrick moved to approve the request. Commissioner Casello seconded the motion. The motion passed unanimously C Approve the purchase of 5 MCC7500 IP Dispatch Radio Consoles from Motorola Inc. in the amount of $264,664 as a sole source purchase. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Commissioner Casello emphasized the three items tied together for the new Communication Center in Fire Station # 5. It will be designed to move to the new Police Station when it is completed at the High Ridge Road location. It is being pre - planned and well thought out. Vote The motion passed unanimously. OCTOBER 15, 2013 Vice Mayor Hay stressed the School Crossing Guards are not employees of the City of Boynton Beach, rather contractors. He questioned how many crossing guards and how many schools were involved. Ms. LaVerriere responded there are 32 guards at 16 schools. Several years ago the school district gave the responsibility to the local jurisdictions to fund. Motion D PROPOSED RESOLUTION NO. R13 -115 - Award a Two Year Contract for School Crossing Guard Services, Bid No. 076 - 2110- 13 /JMA to Action Labor Management LLC dba Staffing Connections of West Palm Beach, Florida as the lowest, most responsive, responsible bidder meeting all bid specifications for an estimated annual expenditure of $300,000. Vice Mayor Hay moved to approve Resolution R13 -115. Commissioner Casello seconded the motion. Commissioner Merker sought clarification on the sharing of financial responsibility. Ms. LaVerriere recalled it was about seven years ago the school district felt the safety on the roadway was a local jurisdiction. It was a way to shift the cost. Commissioner Merker asked if the City had the right to question the change. Ms. LaVerriere was not aware of the circumstances of the change at that time. She agreed to research the history of the action and report back to the Commission. Vote The motion passed unanimously. D. Approve a Three Year Extension to the Processing Agreement between Sun Recycling, LLC (SUN) and the City of Boynton Beach for the transfer of recycling material to include yard waste, mixed recyclables and construction and demolition debris. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Motion Commissioner Casello moved to approve the extension. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. F. PROPOSED RESOLUTION NO. R13 -116 - Approve the piggyback of City of Pompano Beach Bid #H -50 -13 with Yamaha Golf Cart Company for the purchase of Eighty -Five (85) 2014 Yamaha Electric Golf Carts and Four (4) Electric Ranger Cars for a net purchase price of $298,325 after trade -in allowance for our current golf carts and authorize the City Manager to execute financing documents for 48 month financing with a $1 per cart buyout at the end of the lease term. Commissioner Merker questioned if fundraisers could be utilized to cover the cost of the new carts. He suggested the money raised could go into reserves for these type of expenses. Mayor Taylor noted the money for the carts was coming out of reserves specifically set aside for golf cart purchases. Money is set aside on a regular basis to cover extraordinary expenses. The Golf Course is a self- sustaining entity Taxpayer dollars are not used for the Golf Course. Commissioner Merker explained he was suggesting the golf community be involved to set aside reserve funds in the event of a catastrophic event. Mayor Taylor reiterated the expense would be paid from the reserve funds and there would is sufficient monies set aside on a continual basis. Commissioner Casello spoke as a member and past employee of the Golf Course, that many people come to the area to play on the highly rated course. It does generate revenue and the golf carts are in disrepair and some over 20 years old. It will enhance the Course. Motion Vice Mayor Hay moved for approval Commissioner Merker seconded the motion. Vote The motion passed unanimously. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 8. CODE COMPLIANCE & LEGAL SETTLEMENTS Motion 1 1 OCTOBER 15, 2013 A Approve negotiated settlement in case of Morton Goldstein v. City of Boynton Beach. Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 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. Request for Master Plan Modification (MPMD 13 -001) and Conditional Use (COUS 13 -002) approval intended to allow construction of a freestanding restaurant with drive - through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. (TABLED ON SEPTEMBER 17TH) Vice Mayor Hay moved to remove from the table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Attorney Cherof inquired if there were any disclosures from the Commission on the item and there were none. Victor Yue of Dorsky & Yue International, located at 100 SE 3 Avenue, Ft, Lauderdale, represented the applicant and outlined the request. It is an existing shopping center with a proposed addition of a 2,000 square feet restaurant The site is zoned for up to 98,000 square feet. The existing square footage is 33,000. The parking MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 requirements would be exceeded. In addition, the owner requested renovation of the existing building. The existing awning would be removed and the existing facade built out. The ends of the buildings are created to frame the entrances. There would be a continuous canopy so pedestrians would have coverage. The elevations for the out parcel building were shown to illustrate the architectural element to break up the form and emphasize the entrance. The landscaping would be enhanced to meet the current City Code and guidelines. The owner and landscape architect were present. Mr. Yue advised the applicant was in agreement with all the conditions of approval. Kathleen Zeitler, Planner, reviewed the request to update the building facades of the existing shopping center and adding landscaping and a proposed self- standing restaurant with a drive -thru. All master plan and conditional use standards have been met including a sound study. Staff recommended approval of the applicant's request for a Master Plan Modification and Conditional Use subject to 29 conditions of approval. The Planning and Development Board voted to approve the request subject to all of staff's recommended conditions of approval. Mayor Taylor inquired what type of restaurant would be added. Mr. Yue replied the owner was negotiating with a number of potential tenants. There was no signed lease at this time. The intent was to have a more high -end burger business. Commissioner Casello inquired if the addition would affect the traffic with the adjacent shopping center. Mr. Yue explained there is a "T" intersection and it would become one -way and be more feasible. If the shopping centers are more connected it would reduce the traffic impact on the major roadway. On a national scale, the concept shares the customer base for more success. Commissioner Merker was somewhat defensive because the type of food or chain was not known at this time. Mr. Yue agreed high -end was a relative term. The demographics of the City of Boynton Beach have evolved over the years compared to when the existing shopping center was built. The entire area has changed. It would be more of a boutique -type chain restaurant. Mayor Taylor opened the issue for public hearing. Vivian Deeche, a Leisureville resident, asked for the specific location of the new restaurant Mr. Yue responded the restaurant would be to the left of the two existing buildings. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vote The motion passed unanimously. OCTOBER 15, 2013 Commissioner Casello moved to approve the request. Commissioner Merker seconded the motion. B. Approve Major Site Plan Modification (MSPM 13 -003) request to construct a 3,332 square foot, one -story veterinary clinic for natural and holistic animal care, located at 222 West Boynton Beach Boulevard, within a C -2 (Neighborhood Commercial) zoning district. Applicant: Nancy Keller, DVM. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. There were no disclosures by the Commission on the item. Annie Carruthers, Principal of In -Site Design Groups, 1609 Rodman Street, Hollywood, FL. explained the owner would be renovating two existing buildings. Dr. Nancy Keller has been practicing veterinary medicine for over 25 years in Florida. Her practice, Healing Heart, has been located on NE 3rd Street for the past 12 years. The office utilizes holistic care of pets including homeopathy, acupuncture, chiropractic, herbs and more on animals. She has a waiting list of two to three months for new patients. The mission would be to have a holistic wellness center for animals and people. There would be a dog therapy pool and a designated area for human wellness. As part of the green building process, the buildings would be re -used and connected with a center breezeway and rehabilitated facades. The proposed plan would exceed the parking requirements by 1.45 spaces All setbacks will be maintained and exceed the required minimum. The existing buildings are 3,042 square feet and the new structure will be 3,332 square feet by enclosing a portion of the existing terraces. The lot coverage is under the maximum allowed. All new landscaping would meet the City's Code including street trees with indigenous species and flowering plants The mission would be to have a natural building that supports holistic healing of animals. New lighting for the parking lot would meet the requirement of no overage lighting into the adjacent residential areas. Everything would be .0 lumens and at most 5 lumens along the entire perimeter. Ms. Zeitler, Planner, added the applicant would be redeveloping the site by incorporating the two vacant structures and adding site improvements. Staff recommended approval of the applicant's request for a Major Site Plan Modification, 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL subject to nine conditions of approval The Planning and Development Board approved the request, subject to all staff's recommended conditions of approval. Ms. Carruthers acknowledged agreement with all conditions of approval. Mayor Taylor opened the issue for public hearing. Angel Pedoro, 204 NW 2 Street, resided behind the clinic and wanted to know about any type of barrier planned between the properties. Ms. Carruthers replied the City required a barrier between a zoning district that borders a residential district. The requirement is for a solid, concrete, six -foot high fence or barrier wall. It would be along the south side and travels to the east to meet an existing fence. The owner of the fence has agreed to maintain their fence The parking has been designed to maintain very large trees that exist on the property The barrier is also necessary for the dogs as they are walking into the property and facility. Commissioner Casello understood there would be maintenance done to deal with any pet droppings. Bridget Keller, 3181 NE 165 Street North Miami Beach, advised their staff would be cleaning the area each evening There would be no surgeries at the facility. Strategic planning for Boynton Beach Boulevard had been discussed as a gateway to the City and Commissioner Casello wanted to know if the proposed change would fit into the plan. Ms. LaVerriere advised it was a beautiful redevelopment opportunity for the City along the corridor. She felt it fit in very nicely. Motion Commissioner Casello moved to approve the request. Commissioner Merker seconded the motion. Vote The motion passed 5 -0. 14 OCTOBER 15, 2013 C. Approve New Site Plan (NWSP 13 -003) request to allow construction of a 4- story hotel with 93 guest rooms and related site improvements at 2001 West Ocean Drive in the C -3 (Community Commercial) zoning district Applicant: Hardial Sibia of Boynton Holdings, LLC. Attorney Cherof administered an oath to all those intending to testify. He explained the procedure to be followed. Attorney Cherof asked if there were any Commission disclosures by the applicant or others. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 15 OCTOBER 15, 2013 Mayor Taylor disclosed he met with members of Leisureville on several occasions over their concerns about the development. Vice Mayor Hay had met with several members of the Leisureville community on the subject. Commissioner Merker had spoken and had the pleasure of listening to what the residents think is correct for the site Commissioner Casello had contact with the Leisureville ad hoc committee. Commissioner Fitzpatrick disclosed he had as well. Fred Griffin, 3700 Max Place, agent for Boynton Holdings LLC and Mr. Hardial Sibia, regarding the Holiday Inn on Ocean Avenue, recalled the site had previously been approved for a 65 foot, five -story Holiday Inn as a variance. Mr. Sibia had been advised by the City the variance was still in effect. There was some question relating to the notification when the variance was approved by the Commission. Mr. Sibia had his plans re- designed for a four -story, 92 -room unit in keeping with the current zoning. There would be no request for a variance or any special favors The request was to build a structure that conforms to the current zoning James Gilgenbach, 1239 E. Newport Center Drive #107, Deerfield Beach, Architect, further explained the project and site. It has a land use designation of Local Retail Commercial and the existing zoning is C -3, Community Commercial. The proposed use is a four -story hotel which is a permitted use in a C -3 zoning district. There would be 92 guest rooms and 57,685 square feet and include a swimming pool, fitness room, meeting room and no restaurant or bar. The adjacent uses are C -3 to the north with a bowling alley, Ocean Drive right -of -way on the south, Leisureville on the east side zoned R -3 and to the west is zoned C -3, Forum Shoppes, office building and professional center. Both police and fire reviewed the plans and determined the current staffing level were adequate to meet the demand for services. There would be two new openings onto Ocean Drive for access from the south, to the front of the building. There would also be an opening in the center of the lot to the west that would connect into the Forum Professional Center It is an existing cross access easement. Another proposed access would be to the north; however, the bowling alley owner would not permit the access. The minimum parking spaces is 117 and 119 would be provided. There would be a covered bike rack provided. The landscaping consists of a series of buffers around the perimeter. The south end would have a 16 foot landscape buffer with a three foot high berm. The west side would MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 include a five foot buffer combined with the existing buffer for a total of 10 feet of landscaping. The north side would have 12 foot of buffering as well as a drainage area for a large green area. The east side would have a type two buffer, as required, with a 15 foot wide landscape area that will include a six foot high concrete block wall that would be landscaped on both sides. The landscaping has been increased both in height and density to maximize the buffer for the residential area. The design exceeds the required setbacks by a large amount and lot coverage is at 13.3 %. The site lighting around the perimeter would be shining towards the building. There will be signs on the north, south and west sides. A monument sign would be next to the west driveway along Ocean Drive. Public art would be placed on the front west side of the building with the architecture the typical Holiday Inn franchise requires. The owner was present. Mayor Taylor inquired about the height of the tallest trees on the east side buffer. Mr. Gildenback replied additional trees and height were added along the property line and facade of the building. Ms. Zeitler added the east buffer had Palm clusters ranging in height from 18 to 31 feet. There would be approximately 34 Palms. Mayor Taylor asked if there was a lease agreement with Holiday Inn for their franchise. Mr. Sibia acknowledged there was an agreement. Mayor Taylor further inquired if a marketing study was done to determine if the hotel would be successful in that area. Hardial Sibia, 17825 Fieldbrook Circle in Boca Raton, owner, explained he had been in the hotel business in Georgia and Ft. Lauderdale where he owned six hotels at one time. He would not build a hotel if it would not be successful and pointed out a new hotel had not been built between West Palm Beach and Deerfield Beach in 17 years. Mr. Sibia had sons living in Boynton Beach and he had built another building on Federal Highway in Boynton Beach and he wanted to see the City flourish. Mr. Sibia advised he had another project planned for the City if it was approved. Mayor Taylor wanted to know who would be running the hotel after it was built and Mr. Sibia replied a management team who runs his hotels would be in charge. The company is based in Orlando and has four Holiday Inn Express, Doubletree and Sheraton It would be managed by a professional team. Mayor Taylor understood there was an agreement to install concrete signs advising no left turns on both entrances and exits Mr. Sibia concurred with that agreement Mayor Taylor advised the golf course associated with Leisureville had tournaments two or three times a year, on a Wednesday from 10 a.m. to noon He asked if the empty parking spots at the hotel could be utilized by the golfers on those days. Mr. Sibia advised he would not allow the parking on his property. The golf dub and residents were not willing to work with him, so he was not willing to work with them. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 There is also a concern about construction equipment or trucks crossing over the small bridge and the damage that it may cause. Mr. Sibia advised, before any construction, all the contractors would be advised and have to sign a letter, that they will not use that access over the bridge. Mayor Taylor asked Mr. Sibia if he agreed with all the conditions of approval and Mr. Sibia was in 100% agreement. Commissioner Casello had visited the site and pointed out Map Quest would take travelers directly through Leisureville to get to Palm Beach Airport. It could be problematic He asked why the cross access on the west side of the building could not be used as the main entrance? Mr. Sibia explained the guests of the hotel would be coming in around 5 p.m. to 10 p.m. and leave after 9 a.m. Most of the guests are business men. Holiday Inn would not approve that entrance at that location Mr. Gilgenbach interjected there would be no signage along Congress to direct visitors to the Inn. The proposed signage would be visible from Congress Avenue and from Boynton Beach Boulevard. Commissioner Casello inquired about the type of buffers. Ms. Zeitler advised there was suburban type one, two and three buffers and the barrier type buffer. Commissioner Casello asked if the type two buffer planned for the east side would be sufficient. Ms. Zeitler indicated the buffer two type goes with the zoning and it has been increased with understory plantings as well as the trees. There are overhead power lines that run the entire length of the east property line creating a restriction and Florida Power & Light regulations. The trees would be placed closer than required. The buffer three type is for planned commercial development as well as mixed -use developments. There is a two -way parking drive isle along that side Mr. Gildenback pointed out the building could not be moved. Commissioner Fitzpatrick was under the impression the site was originally designed for onsite water retention. Mike Rumpf, Planning and Zoning Director, had researched the history of the site and did not remember that designation. Any modification to the site would have to meet its own drainage. Commissioner Fitzpatrick knew the hotel would require onsite water retention and it was adequate for the conceptual design and would be completed with the site plan. He questioned how water running from the shopping center would be directed or drained. Mr. Rumpf would defer the question to the reviewers of the site plan. Vice Mayor Hay questioned if the south entrance was not an option and it was noted the owners would not consent and never had. Mr Sibia preferred that entrance. Attorney Cherof interjected the need to respect the decorum of the Commission meeting. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Andrew Mack, Building Official and City Engineer, advised there had been several meetings with the residents to discuss the use of the alley, the width, off sets and direction It would be cost prohibitive as a viable option. Commissioner Merker discussed the issue of safety for the older residents and children in the area With the entrances and exits on Ocean Drive, a residential area would be made semi - business. He was sure the residents did not anticipate this type of development next to their homes. He disagreed with a prior assertion that the room rental fees would be high quality. It is an average hotel with no guarantees of the type of visitors. Safety and security should be the primary concern. Mr. Sibia responded there was no safety guarantee from the existing businesses in the shopping center. He did not feel there was any question of safety and he simply wanted to create a beautiful place and bring money into the City Commissioner Casello wanted clarification on the expression of the alley being cost prohibitive. Mr. Mack replied the alignment of the driveways would involve the loss of parking spots, re -pave the area, change drainage, dumpster enclosures that would have to be relocated, turning radius and engineering plans to make it work. Any changes would have to be negotiated with the owner of the plaza. The best option would be an easement through the bowling alley, but it is not an option. June Soya, 2086 SW 13 Way, found it a shame that Mr. Sibia was not willing to work with the residents now or in the future. She recalled campaign promises by Commissioner Merker to oppose the hotel and Mayor Taylor's promise to protect the residents. She stressed a C -3 business must abut one major thoroughfare. She hoped the positions of the Commissioners had not changed and they would consider all they heard. Shirley Cassa, 217 SW 14 Street, asserted in December 2012, Boynton Holdings submitted their first site plan to build a hotel in a vacant lot beside Boynton Leisureville. The lot is zoned C -3 In 2007 there was a comment that the site may have been part of one parcel when the shopping center was built. It is now a standalone parcel, separate and apart from a major thoroughfare that is required in C -3 zoning. The land development regulations are done to protect the residents and business owners. Boynton Holdings has had six years to obtain an agreement with the property owners to the north or west to have access on a major thoroughfare. There was only one letter dated April 16, 2013. Ms. Cassa felt Mr. Sibia had not exercised due diligence and had not complied with the laws. She reported fill had been dumped on the site without a permit. The lives of the residents should be considered. She questioned what would happen with the water that was in the retention pond from the shopping center. Ron Hughes, 100 SW Golfview Terrace, realized that Boynton Holdings and Mr. Sibia had met the guidelines. The residents were not confident with the regulations and felt the buffers should be larger to keep the commercial segment separate. The hotel would impact over 2,000 residents of Leisureville and jeopardize their safety, property values, 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 peace and tranquility of the retirement community. He asked the Commission consider the non - conformity with the community. He urged that Ocean Drive not be a main thoroughfare for the hotel. Mr. Hughes suggested the walls be eight foot in height around the east end and south sides. The Commission should protect the citizens and review the laws to avoid future complaints. Dympna Fitzmaurice, 599 Southwest Golf Drive, requested no left turn on to Ocean Avenue with cement channelized right turn only signs on both exits. There should be signs that say local traffic only on Leisureville Boulevard and Lake Terrace. Construction traffic should utilize Congress Avenue to avoid the weight limit on Ocean Drive bridge. Other access should be pursued that would be more realistic. She asked that overflow parking for the golf course be permitted to use spaces at the hotel. The hours of construction should be limited from 7 a.m. to 5 p.m. and the contractors should maintain $1 million of insurance coverage naming the condo residents as individually insured since the building is in a flood zone The owner should also escrow monies to pay for painting and /or cleaning the condo buildings affected during and after construction. The temporary facilities should be positioned far away from condo view. She contended there should be a before and after traffic study of Lake Terrace and Ocean Drive to identify any negative impact on safety and formulate a solution. An eight foot privacy wall should be installed rather than the six foot that is in the plans. Robert Ryder, 100 Golfview Terrace, Unit 104, spoke about the safety of the middle school children that traverse the area that will be under construction. There is also the rush hour of visitors to the site attempting to get to the airport and rush hour of children arriving at the school. The children will be at risk. Carmel Ann Powell, 1119 Lake Terrace, had spoken at the Planning and Development Board and presented the Land Development Regulations she felt were being violated and her concerns. Ms. Powell was very concerned about her privacy. She advised the presence of one dump truck shook her entire house and steps should be taken to protect her and the neighbors' properties from damage. Initially Mr. Sibia had agreed with an eight foot masonary barrier, but the plan submitted indicates only a six foot barrier. A monetary offer was made by Mr. Sibia to compensate for the noise, additional dirt and lower property value during construction that did not materialize. Ms. Powell felt the criteria and process for the Planning and Development Board to make a decision did not occur She felt a member of the Board was rude. A fair and honest consideration of all the issues raised should be afforded the residents and monetary compensation for their losses as were given to Mr. Sibia The request should be denied. Carol Beech, 1801 Ocean Drive #105, recognized Mr. Sibia had made a few concessions. The question remains if the hotel should be approved and if the Land Development Regulations have been upheld. Some concerns that should be considered are noise, economic harm, visual and noise impacts, smoke, pollution, lighting, unsafe circumstances whether structural, hazards or crime. She felt the Planning and Development Board ignored the regulations. The Commission should 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 determine honestly and ethically if the project meets the standard of the Regulations. She questioned where the line should be drawn between greediness and the public good. Ms. Beech recalled remarks from Mayor Taylor as a voice of the people saying he did not want the hotel. He lived in Golfview Harbour and the hotel was incompatible with the neighborhood. He vowed to not vote for the project. Ms. Beech trusted Mayor Taylor as a man of his word. John Hagadorn, 1118 Lake Terrace, Unit #112, pointed out the condos had been deflated in prices over the years and with the hotel it will keep values even lower. The view of the sunsets would be obscured. Mr. Hagadorn reviewed a list of issues that had been submitted by the residents and asked that Mayor Taylor make the remarks he made at a public forum during the political campaign available to everyone. There was also a link to the Palm Beach County Ethics Commission web site since there is a file that applies to the matter before the Commission that relates to alleged lobbyist activity. The statements should be investigated for their validity and cannot be discounted. Commissioner Merker interjected the remarks being made were inappropriate and chastised an individual who would not be voting on the issue He asserted it was disrespectful, rude and unprofessional Attorney Cherof explained in the quasi - judicial setting, speakers should be given wide latitude to speak. However, the subject matter is the approval of a specific site plan and not a broader issue. He suggested Mr. Hagadorn narrow the scope of his comments to the strengths or weaknesses of the specific site plan. Mr. Hagadorn continued and urged the Commission to look into the matters and restore credibility and good government to Boynton Beach. Sandra Segal, 1801 Ocean Drive, Condo J President, acknowledged Mr. Sibia was a business man and not interested in helping the community. A four -story hotel would be of no benefit to the Leisureville community. It would cause traffic and safety issues not only for the residents, but also the children walking the streets. The City does need money to run and would benefit from the taxes and occupancy taxes on any tourist. The issues are moral and safety in nature. Plus the hotel would lower the property values, restrict safety and movement in through the community. She requested the Commission consider the Leisureville residents before making a decision. The shopping center is an amenity to the community and the hotel would be an eye -sore with no amenities. Ms. Segal asserted Mr. Sibia had threatened to build Section 8 housing if the hotel was not allowed. The site could be used for other things that would benefit the community rather than a hotel. Peggy Geiger, 300 SW Golfview Terrace, Apartment 149 was against the construction of the hotel. Her opposition stemmed from the understanding Mr. Sibia has developed other sites that have caused bitter controversy with neighbors and residents in the areas. The flow of traffic would impede students who attend the Congress Avenue 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 School to safely walk to and from school. If a child were seriously injured, everyone will regret a positive decision on the hotel. Ms. Geiger wanted all the requirements to be covenants on the site in the event there is a sale of the property after it is built. Ms. Geiger suggested and had hoped a police substation would be constructed on the site. It would provide protection for the local businesses and residents in the area for both Palm Beach Leisureville and Boynton Beach Leisureville and the school children. Cliff Montross, 109 SW 18 Street, had viewed the site plans submitted and had several questions. First, the lot is located in a C -3, community commercial zone. The bowling alley is located in a local retail commercial zone. Most of the hotels in the City are in retail commercial zones. He questioned if the hotel was permitted in a community commercial zone. Ms. Zeitler replied both properties are zoned C -3 community commercial with a future land use classification of local retail - commercial. A hotel is a permitted use. Secondly, Mr Montross noted there is a 30 -foot side yard setback on the east side. He wanted to know the setback on the left side. Mayor Taylor replied there was a 10 -foot setback. His question was if parking or any use other than landscaping would be allowed in a setback. Ms. Zeitler advised a setback allows parking and landscaping. The setback is for the building only. The parking and buffer can be located in the setback. Mr Montross suggested there be a recount on the parking because 117 parking spaces seemed inadequate. Mayor Taylor noted 119 would be provided, over what was required. Mr. Montross noted there was an area for future parking and he questioned if that was part of the total count. Ms. Zeitler explained the four future spaces would be eliminated if the future access drive could be established. Mr. Montross addressed the trash area in the rear and speculated it was small for the expected occupancy and staff. There is an underground propane tank near the rear of the building and within feet of the main water line around the perimeter of the building. It should be reviewed by the Fire Department There is also a roadway on the east side of the building and it runs along the property line with no buffer area. Mr. Rumpf remarked staff was not aware of an alley or a dedicated right -of -way on the east side of the property. Ms. Zeitler pointed out there was a two -way drive isle that leads to the parking lot from the eastern entrance. There was a 15 -foot buffer. On the west side of the building, Mr Montross asked if the medical building would have to give up some parking spots to provide the proposed accessed. Ms. Zeitler explained the inter - parcel access that is a condition of approval would eliminate a few spaces. It was planned at the time of development for it to be a condition of that owner's approval 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 The possibility of a four -lane drive on Ocean Drive has been discussed. It has been a two -lane road. If it is converted to four lanes, the turning lanes at Congress would be eliminated. Mr. Montross asked if the County required turning lanes. Ms. Zeitler pointed out the Engineering Department was recommending a condition of approval that at permitting the developer widen, just in front of the property and not all the way to Congress Avenue. It would be tapered to four lanes in front of the property and taper back to two lanes. The condition of approval reads, "At time of permitting, revise all plans to match civil plans that indicate the existing road section, right turn lane and left turn lane, is extended along West Ocean Drive from the western project limits to the eastern project limits which is the western property line and the eastern property line of the subject property with required transitions back to two lanes road section because only the civil drawings indicate it correctly." It is condition of approval number one. Mr. Montross asked the Commission to take a closer look at the roadway. Mr. Montross anticipated problems with the traffic, sight issues and questioned if there are underground utilities planned. Mr. Mack replied the service from Florida Power and Light to the building would be underground Mr Montross hoped all the property owners had been notified and the list checked. It was his opinion there was overutilization of the land being used. Water and elevations with entrances and exits onto adjoining properties could cause problems. Where would water runoff go and Ms Zeitler pointed out the area for run off. In conclusion, Mr. Montross opined the project was a development and use beyond the capability of the lot in question. The use and traffic has the potential to disrupt the residents living in the area. A lower activity and density should be presented by the developer. The five -year master plan supports a change in density from high activity to lesser density and activity. The application should be denied. Mr. Sibia responded he was not the prior developer of a hotel six years ago. Mr. Patel was going to buy the land from Mr. Sibia The Commissioners had approved the height - limit to 65 -feet. It was not Mr. Sibia's intention at that time to build a hotel on the site. He had only recently applied and had agreed to not build a restaurant and bar with the plans. The permit that was referred to had expired and a new permit was issued the same day. He was a law abiding citizen and did not have issues with other people The property will be very well maintained He thanked the Commission for their consideration. Vice Mayor Hay inquired what the criteria would be for a road to be considered a main thoroughfare. Ms. Zeitler advised there is a road classification map that shows either main arterial, collector roads or local roads based on the number of lanes and traffic. West Ocean Drive is a local road. However, the C -3 zoning has been in place for over twenty years. It was zoned initially as having frontage on Congress Avenue which is a main arterial. Mayor Taylor understood it would be grandfathered in and the applicant could not be held to that standard because the C -3 zoning came afterwards. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Mayor Taylor advised he had checked and Mr. Sibia did have a dumping permit when the trucks were onsite. Vice Mayor Hay inquired if there was a potential drainage problem when the elevation is three feet higher. Ms. Zeitler pointed out the site plan shows a retention area in the rear of the property that would be used for storing the stormwater runoff. The final drainage plans would be reviewed at the time of permitting. It has been reviewed in conceptual plans at this stage. Mayor Taylor understood the developer agreed to an eight foot wall if somebody else paid for the expense of the additional two feet. Vice Mayor Hay interjected the anticipated cost was approximately $12,000. Ms. LaVerriere advised the monies were not budgeted. Attorney Cherof agreed it was not in the budget and advised the City cannot expend funds to improve private property. Vice Mayor Hay inquired if the residents of Leisureville would be willing to pay for the additional two feet and there was a general rejection of that proposal Commissioner Merker sensed there are still questions and maybe the matter should be tabled. Attorney Cherof agreed the Commission has the right to table a matter for future consideration. In a quasi - judicial proceeding the expectations would be the matter be concluded unless there were specific questions that could not be answered. If any additional questions cannot be answered, but is relevant to the matter before the Commission, it may be a proper basis for a motion to table. Commissioner Casello asked if the South Florida Water Management District or Lake Worth Drainage District asked if the area had been used as a retention area for drainage. Mr. Mack indicated the City's records did show the existing site as drainage and the questions were not asked of the two agencies. Commissioner Casello inquired of Shirley Cassa, a resident, to divulge what the letter sent by Mr Sibia's lawyer, Bonnie Miskel, said about the site. Mr. Mack interjected the pre - development cannot exceed post - development so all water has to be retained on site Any historical drainage on site has to be retained on site It is a requirement of the Code and South Florida Water Management. Commissioner Casello asked if that was drainage for the entire shopping plaza and Mr Mack advised if there was not approval from South Florida Water Management District Permits would be denied. Ms. Cassa advised she had called Lake Worth Drainage District and spoke with Joseph Walsh who advised he was not aware of the project and thought the developer would have consulted the agency. Ms. Cassa referred to the minutes of November 27, 2007 when Bonnie Miskel purportedly indicated, "The site may have been part of one parcel when the shopping center was built, but was now a standalone parcel separate and apart from a major thoroughfare." There was an indication there were negotiations with 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 the bowling alley owners for access. Since 2007 there has only been one letter attempting to gain access. Commissioner Casello seconded the motion to table based on the information just received that should be clarified. Mr Mack pointed out State statute does not allow a development permit to be conditioned on State approvals. Commissioner Merker thought it was vital information that could add to the case before a decision is made. Ms. LaVerriere reiterated the drainage is addressed at the time of permitting and not at the time of site plan approvals. Mr. Mack agreed and added it would be the developer's responsibility and if they could not make the drainage calculations work, their engineer would advise at that point. Commissioner Casello referred to the fact Mr. Sibia's lawyer opined the site was a standalone parcel and the City's legal department should review the matter. Commissioner Merker agreed. Attorney Cherof responded whether it was a standalone parcel is not relevant to consideration of the site plan approval. The zoning is fixed and grandfathered in. He would not comment on the comments of another attorney from 2007 without knowing the context of the remarks that is very important. The issue before the Commission is the site plan, not the matter before the Board or the Commission in 2007 It did not make any difference because the property is zoned C -3 and has grandfathered rights under the City Code and under State law. Ms. Cassa argued the project needs to be on a major thoroughfare not a local street. She questioned why parts of the law are picked as being right and others are not right. Attorney Cherof would not debate the point because his opinion is different. He reiterated the property is zoned C -3 and the provisions referred to are not relevant to the determination of allowing the hotel at that location. Commissioner Casello understood it was no longer an issue and he had to vote on the legal issue, not on morals. The owner has the legal right to build this hotel and the Commission represents 70,000 people in the City of Boynton Beach. He recalled there had previously been another instance and the City can ill -afford another law suit. The law has to be followed. Vice Mayor Hay agreed with the comments of Commissioner Casello. If the site plan is approved, there is still a chance it could fail if certain issues are not satisfied with the drainage as discussed. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Commissioner Fitzpatrick asked if the motion to table was being debated and Mayor Taylor replied it was not. Commissioner Casello pulled his second to the motion to table. Attorney Cherof advised the only matter before the Commission was the site plan. The comments about adequate drainage and retention would have to be addressed and resolved when the project gets to the permitting stage. If the necessary data cannot be obtained or established regarding the retention capacity, the matter may not be approved at the permitting stage. Vice Mayor Hay did not want the hotel, but had to follow the law in the best interest of the City. The previous law suit cost $18 million and it would be more than that now. There was nothing that could be done and he could not vote to stop the hotel at this point. Vice Mayor Hay suggested the residents may need a legal voice to speak on their behalf. The Commission must do what is in the best interests of the City. Commissioner Fitzpatrick commented this is America and a person can spend his money wherever he wants. The reality of Florida law from the South Florida Legal Guide, "The Bert J. Harris Act, private property rights protection act, was enacted in 1995 as an attempt to provide greater protection to private property rights in response to government's over regulation and superfluous rule making." Florida Hometown Democracy was a petition drive on the ballot that was defeated by developers in 2010. There was the Florida Department of Community Affairs (DCA) that existed for 35 years that irritated some very powerful people, including developers and lawyers and other agencies and landowners. The DCA has been ignored as an essential safeguard against runaway growth that managed the State earlier. The Department is now the Florida Department of Economic Opportunity with a mission to promote economic opportunities for all Floridians through a successful workforce, community and economic development strategies Commissioner Fitzpatrick concluded the Commission's hands are tied by the legislature and their belief how actions should proceed. The Tradewinds project was a similar situation where a group from Leisureville did not want development close to their community Responsible action is to avoid another lawsuit. The community has to be proactive and the time to block such a project was five or six years ago. On the east side of Leisureville there is land the City owns and wants to sell that he would work with Leisureville to save the parcel as a passive park. Vice Mayor Hay remarked the staff had reviewed every detail to make the project compatible. Mr. Sibia did not appear to be so uncooperative that he does not want what is best for the community Commissioner Merker determined there was no simple answer. The law is created for the people, not the individualistic person. He repeated his contention that the matter should be tabled. There were no definitive answers. If there is an issue with the water, 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 that may be a County issue. He was against the project and did not think it was good for the people. Safety is an issue. Lawsuits are a problem, but the way of life of 2,000 people was a concern. He felt the project was wrong for the City. Commissioner Casello stressed the parties had to get along and it would be best for all the parties and the City of Boynton Beach. Communication costs nothing Mayor Taylor reiterated it was a difficult decision for the Commission. He recalled in 2007 the residents of Leisureville carne in and asked the Commission to vote in favor of the variance. Time passed and now he felt even a one -story hotel would not be appropriate He did acknowledge he had found Holiday Inns to be good hotels. The fact it is not going to have a restaurant or bar is a concern, but the residents asked those not be included and the owner agreed. Legally the applicant is not asking for anything he is not entitled to as the land owner. Mr. Sibia gave up one story, eliminated the bar and restaurant, worked with the entrances and left turn requests and he agreed to have flagmen during the construction phase. Nothing requested can be refused legally. Mayor Taylor personally did not agree with a hotel at that location. Attorney Cherof requested that the motion be made in the affirmative for approval as opposed to denial. It is easier to track the vote and for the record. Also to add the conditions of approval contained in the backup materials, plus the two additional conditions of approval that are dated October 15, 2013 that the applicant accepted. Vice Mayor Hay confirmed there were 34 conditions of approval. Motion With regret, Vice Mayor Hay moved to approve the new site plan with the 34 conditions of approval. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 3 -2 (Mayor Taylor and Commissioner Merker dissenting). Motion D. Approve the request for an 18 -month extension of the approved site plan (NWSP 06 -002) for the Tuscan Villas project located on the east side of South Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard. Applicant: Brian Cheguis of Cotleur & Hearing. Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion Commissioner Fitzpatrick had spoken with Vivian Brooks, Executive Director of the Community Redevelopment Agency, who expressed concerned if the extension was not 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 granted the property would revert to the bank without redevelopment. Ms. Byrne, Development Director, had explained to Commissioner Fitzpatrick that by extending the time, the conditions of approval and City Code regulations existing at the time are being extended for another 18 months for a total of three years. There are changes in the Code and updates that will not apply. Commissioner Fitzpatrick was concerned an ordinance relating to a ratio of open land or dollars per 1,000 residents may be enacted that would not apply to this project. He did not feel the developer should be allowed to skate on laws that are enacted in the interim. His solution was to table the matter until the owners agree to accept or abide by the ordinances in place when they submit the final site plan Attorney Cherof administered an oath to all those intending to testify. Mr. Breese reported staff requires an applicant to have a sense of security of what would be approved to build in the future. Expecting them to agree to a future ordinance or regulation may not be something that they can encompass in their plans. The request would be for approval of the current status of the regulations. It would be what the developer, owners and lenders can rely on. Commissioner Fitzpatrick argued the project would not be built in 18 months. Mr. Breese replied the owners are designing and spending dollars based on an approval is given to them at this time. Commissioner Fitzpatrick questioned why the site approvals are not granted for an unlimited time period. Mr. Breese stressed the plans are reassessed after the 18 months If the Codes change dramatically, the extension can be denied. Commissioner Fitzpatrick asked if it was possible the developer would agree to abide by the regulations in effect at the time of application. Jim Paisley, Tuscan Villas, 631 US Highway 1, North Palm Beach came forward. Commissioner Fitzpatrick asked Mr. Paisley if he would agree to abide by a regulation requiring .23 acres of the project for open space or park land. Ms. LaVerriere noted there is a consultant analyzing the level of service and the current legislation and inventory There would be no rewrite of the regulation until the recommendation and information from the consultant is received. Commissioner Fitzpatrick was not in favor of extending plans for three years. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). E. PROPOSED ORDINANCE NO. 13 -029 - FIRST READING - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. Applicant: City- initiated - Request to Table to November 5, 2013 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Motion Vice Mayor Hay moved to table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A Approve an increase in estimated fees for Phase 2 of the agreement with DavenportLawrence for Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process and People Design Change Aligned with Customer Information Systems in the amount of $130,000 revising the estimated fees from $212,500 to $342,500. Tim Howard, Director of Finance, explained it was a request for a change order on a management agreement with Davenport Lawrence for project management services for the meter migration project and review customer service operations to coordinate the data from the meters and the billing process Phase two was approved last November that would last three years. The time has been shorted to two years and it was determined there are areas that need additional work so the change order will increase their fee to finish the project. The plan is for completion of the meter migration by September, 2014 and the additional work Ms. LaVerriere added it was $3.2 million capital project the City has planned for quite some time. It has been advanced by a couple years. It is part of the overall Utility capital program. Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discussion regarding term limits for City of Boynton Beach elected officials. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Commissioner Merker felt it was a worthy issue and the elimination of term limits would be good for the City of Boynton Beach. Serving in office is a job and profession that is the same as any other career choice. When elected there is a learning curve and then working with the citizens and creating programs and regulations for the good of all that takes time. Electors have the final vote. There was a committee that reviewed term limits, but the issue never went to the people for a vote. There is a lot to do in the City and elected officials want to see the projects enacted started and completed. Motion Commissioner Merker moved the issue be placed on the November 2014 ballot for a vote when more people cast ballots. If the electors believe there is a cohesive effort on the part of the Commission, the voters can extend the progress moving forward Vote Mayor Taylor declared the motion died for lack of a second. B Consideration of renaming of Oceanfront Park Mayor Taylor pointed out the renaming had gone to a committee and the recommendation was to name the Park, Boynton Oceanfront Park. Commissioner Merker remarked the Park was one the City's biggest assets. He contended it should be simplistic and be Boynton Beach. The people who go there or want to go there realize it is Boynton's beach. Vice Mayor Hay did not have a problem with renaming the Park. However, he would agree it should be Boynton Beach Oceanfront Park Commissioner Casello recalled there was no consensus by the Commission, so it was sent to the Recreation and Parks Board to consider the renaming. He was also concerned about the cost factor. Wally Majors, Director of Recreation and Parks, advised the cost would be the changing of the sign He described the existing sign and the cost to change the upper portion of the existing sign would be approximately $3,800. If the bottom section had to be changed the cost would double to approximately $7,000. Mr. Majors asserted other items with the name are primarily in digital form so significant changes would not be necessary or with no significant cost involved. Commissioner Merker clarified Boynton Beach owns the beach. His contention was by using Oceanfront in the name, it sounds like the Park is part of Ocean Ridge since the beach is located in Ocean Ridge. Identifying the area with the City is a marketing tool as an asset of the City of Boynton Beach. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Mayor Taylor did not have an issue with the committee's recommendation of Boynton Oceanfront Park or the addition of the word of Beach into the name. Since it has always been known as Oceanfront Park, he thought that should remain. The decals can be changed next year. Vice Mayor Hay asked how long the Park included the name Oceanfront and Mr. Majors replied since the early 1980s when the boardwalk was originally constructed. Previously it had been referred to as Boynton Municipal Beach There was never specific action to name it Oceanfront Park. Commissioner Fitzpatrick agreed with Vice Mayor Hay and he had no problem with retaining the word "Oceanfront" in the name. Motion Vice Mayor Hay moved to rename the Park, Boynton Beach Oceanfront Park. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -030 - FIRST READING - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters Attorney Cherof read Proposed Ordinance No. 13 -030 by title only on first reading. Motion Vice Mayor Hay moved to approve Commissioner Casello seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5 -0 B. PROPOSED ORDINANCE NO. 13 -024 - SECOND READING - PUBLIC HEARING - Request abandonment of portions of a 12 foot -wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. Attorney Cherof read Proposed Ordinance No. 13 -024 by title only on second reading. 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 15, 2013 Mayor Taylor opened the issue for public hearing. No one came forward Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 13 -028 - SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code adding a manufacturing equipment permit valuation exemption. Attorney Cherof read Proposed Ordinance No 13 -028 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Consideration of providing the Boynton Beach Community Redevelopment Agency Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries - 11/5/13 B Approving an Ordinance amending the General Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/5/13 C Discussion of parking fee collection and maintenance at Oceanfront Par. - 11/5/13 15. BRAND PROMISE STATEMENT 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:05 p.m. ATTEST 'tn. i t M. Prainito, MMC Clerk dith A. Pyle, CMC eputy City Clerk CITY OF BOYNTON BEACH Mic ommissioner Joe asello, Commissioner 32 OCTOBER 15, 2013 Holiday Inn Express Access Driveways Conditions of Approval October 15, 2013 1. The developer shall restrict access to left turns from both driveways onto Ocean Drive. Signs shall be posted with the universal left turn arrow with the strikeout indication in red. Signs shall be R3 -2 as defined in the Manual On Uniform Traffic Control Devices. 2. The developer shall install raised barrier medians on both exit driveways to provide physical obstruction to left turn movements onto Ocean Drive from the project site. Final design of the barriers is subject to City Engineering approval at the time of permitting. 7: na►ivm;v1.,elirdepm y7 ,di'. 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Ao r ,')v 4 es jeQ ;iJ /9), / /e/9/,:;47,-.4 fr/iffs- 7/7,:_•7 r PIMA 74x is'af7 �c/ /f19 Alexi 2 7,4eo y /C/4/ fiako .5"c A, 6it) 1 / /Y/ / m) ,/ A MIt S F Pkw i 0 ///) G I I L 7 op szto; %)/5-./R/ mogilow.0 73c f,QQ M i /cry 7 j Ne 480 lelie ,ICAil? Pt.h.",-) /: r i7;/ iss 19- r v + �' Vkyt/ire.6 1 p..r • /-'46-9/ / ' z�0 c` Z6 P° C9e5 Pe SZ / -3G 9.3 Ps. - Qr. FROM THE FILES OF THE PALM BEACH COUNTY ETHICS COMMITTEE FOUND ON LINE AT: http:// www .palmbeachcountyethics.com /pdf /Complaints /2012/C 12- 013.pdf "Rumor had is that attorney Bonnie Miskel [attorney for Sibia] paid David Katz $10k for approval of a hotel site on Boynton Beach Blvd. [now the Holiday Inn proposal for Ocean Drive]." [ p 29] "David Katz...[is] known to approach developers and assure them that he has three votes for their project, in return for cash payment to him. He has also been known to tell developers that he needs money to pay off the commissioners..." [p 28] "David Katz wanted me to vote to approve a developer's project which would have been located in CRA /Heart of Boynton Neighborhood. Katz was paid by A- to lobby the commissioners. He was not registered..." [p 29] SUMMARY OF ISSUES and LAWS RAISED BY "HOTEL COMMITTEE' Presenter #1: The presenter quoted the deed in which the developer grants an easement to Forum Professional Center LLC . "All users of the Forum Professional Center LLC property shall have right of vehicular and pedestrian access to and across the driveway portions of (the hotel property]." Palm Beach County Records 26185 /1011 Presenter #2 The presenter talked about the creation of turning lanes on Ocean Drive and the impact on the safety of golfers across the street. The presenter reminded you that building proposals should: "...Sustain the comfort, health, tranquility and contentment of residents and attract new residents by contributing to a desirable built environment..." And later in the same section: -- -Land Use Development Regulations, Ch 4, Article III, Section 1A(4). "Building Location and Appearance. All buildings and structures should be located and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment." Presenter #3 - -Land Use Development Regulations, Ch4, Article III, Section 2(C). This presenter explored the link between the entrance to the hotel located on Ocean Drive and the safety of the school children who walk by each day. The Land Use Regulations state: " Efficiency and Safety: The design and layout of the proposed development, as well as all new and existing buildings, should provide an efficient arrangement of land uses. Particular attention should be given to SAFETY, crime prevention, relationship to the surrounding neighborhood, impact on abutting and adjacent properties, pedestrian sight lines and view corridors." - -Land Use Regulations, Chapter 4, Article III, Section 2 (A) Presenter #4 Boynton Beach City Ordinances prohibit sex offenders from living within 700 feet from a school. An ordinance also prohibits renting to sex offenders and predators: Boynton City Ordinances , Ord. No. 05 -035, §4,7- 19 -05; Ord. No. 06 -048, §2, 6 -6 -06: "It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the state, to establish a permanent residence or temporary residence within two thousand five hundred (2,500') feet of any school, designated school bus stop, day care center park, playground, or other place where children regularly congregate." Similarly, city ordinances forbid the renting of any place to sexual predators and offenders. (See ordinance No. 05 -035, § 5,7 -19 -05.1 Presenter #5 This presenter stated that the city police were called for service to the ten city hotels 95 times during the first six months of 2013, for crimes including battery, burglary, robbery, theft, etc. Land Use Regulations require that: "...The design and layout of the proposed development, as well as all new and existing buildings, should provide an efficient arrangement of land uses. Particular attention should be given to safety, crime prevention... ". - Land Use Regulations, Chapter 4, Article III, Section 2(A) Presenter #6 The hotel abuts residential property thus compromising the privacy of the neighbors and leading to lower land values: "These standards are intended to protect lower intensity land uses from higher intensity uses by requiring higher intensity land uses to be designed and maintained to reduce impacts on lower intensity land uses...." - -Land Use Regulations, Chapter 4, Article III, Sec 4A(1)] "All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adjacent residential uses." Land Use Regulations, Article III , Sec. 4B(1) "Building Location and Appearance. All buildings and structures should be located and designed in such a manner as to enhance, rather that detract from, the overall quality of the site and the immediate environment" - -Land Use Development Regulations, Ch 4, Article III, Section 2(C) . Minimize incompatible surroundings and visual blight which prevent orderly community development and reduce community property values." - -Land Use Development Regulations, Chapter 4, Article III, Section 1 A(5) Presenter #7 This presenter dealt with the fact that the proposed hotel is not compatible in construction with the surrounding community of Leisureville: Article B. Compatibility. "Buildings, structures and site elements are not required to match surrounding existing developments, but should be in visual harmony with surrounding developments. Likewise, buildings or structures located on separate parcels or part of a future or multi- building complex, should achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion and location when a distinct development or architectural style exists within a surrounding two (2) block area, consistence or compatibility with that style should be encouraged." - -Land Use Regulations Ch 4, Article III, Section 2(B) " Building design of non - residential uses located within single-family and two -family zoning districts should be consistent with surrounding residential styles." _Land Use Regulations Ch4, Article III, Section 2 (C). "...Through enforcement of this article, the local appointed and elected officials shall determine the basic aesthetic character to be achieved in the development of the community." - -Land Use Development Regulations Ch 4, Article III, Section 1(A)