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Minutes 06-06-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, 3UNE 6, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order ff Mayor Gerald Broening Invocation - Father Mark Szanyi - St. Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor Pro Tem Sherman Mayor Broening called the meeting to order at 6:35 p.m. Following the invoCation by Father Mark Szanyi, Mayor Pro Tem Sherman led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. , COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Mayor Broening reminded the audience members to fill out speaker's cards if they wished to address the Commission during the meeting. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. Adoption Vice Mayor Weiland moved to approve the agenda. Commissioner Black seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date Mayor Broening Children & Youth Advisory Board Alt II Black Children & Youth Advisory Board Reg III Sherman Children & Youth Advisory Board Stu/Reg/Voting IV Fisher Children & Youth Advisory Board Stu/Reg/NonVoting 1 yr term to 4/01 Tabled (2) 2 yr term to 4/02 Tabled (2) 1 yr term to 4/01 Tabled (2) 1 yr term to 4/01 Tabled (2) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]DA 3UNE 6, 2000 II Black Bldg. Board of Adjustment & Appeals Alt i yr term to 4/01 Tabled (2) III Sherman Bldg. Board of Adjustment & Appeals Alt I yr term to 4/01 Tabled (2) Mayor Broening Code Compliance Board Alt I yr term to 9/00 Tabled (]2) III Sherman Education Advisory Board Reg 2 yr term to 4/02 Tabled (2) IV Fisher Education Advisory Board Alt i yr term to 4/01 Tabled (2) Mayor Broening Education Advisory Board Alt i yr term to 4/01 Tabled (2) I Weiland Education Advisory Board Stu i yr term to 4/01 Tabled (2) I Weiland Education Advisory Board Reg 2 yr term to 4/02 Tabled (3) IV Fisher Library Board Reg 3 yr term to 4/01 II Black Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (2) III Sherman Nuisance Abatement Board Alt I yr term to 4/01 Tabled (2) II Black Recreation & Parks Board Alt i yr term to 4/01 Tabled (2) Commissioner Fisher moved Valerie Pleasanton from an alternate position to a regular position on the Library Board. All other appointments were tabled. Motion Commissioner Fisher moved to approve the appointment and table all remaining appointments. Vice Mayor Weiland seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Multicultural Festival at Sara Sims Park on Saturday, June 10, 2000 from 12:00 Noon until 7:00 p.m. sponsored by the City of Boynton Beach and the Boynton Beach Faith Based Community Development Corporation Mayor Broening announced the Multicultural Festival to be held on Saturday, :lune 10, 2000 at Sara Sims Park and invited Dan DeCarlo, Neighborhood Project Specialist, to the podium to elaborate on this event. Mr. DeCarlo announced that the City, in conjunction with the Boynton Beach Development Corporation, would sponsor the Multicultural Festival. This will be a day of fun and celebration with two bands, good food and many activities. Mr. DeCarlo thanked the Leisure Services Department for the assistance provided. He announced that special parking would be provided at St..lohn's Church on Seacrest Boulevard. People will be shuttled to the Park. B. Presentations: 1. Proclamations: a. "National Garden Week"- 3une 4-10, 2000 2 MEET?NG M:LNUTES REGULAR CZTY COMM]:SS]:ON BOYNTON BEACH, FLOR]:DA 3UNE 6, 2000 Mayor Broening read a Proclamation declaring the week of June 4 through .lune 10, 2000 as "National Garden Week" and presented it to members of the Garden Club. Members of the Garden Club accepted the Proclamation and, in turn, presented the City with a floral arrangement for display at City Hall. They remarked that the Club has been in existence for 62 years and is comprised of 31 members who teach people the joy of gardening and beautifying the community. They have been involved in many community beautification activities. The Garden Club meets monthly at the Senior Center. 2. Orientation PowerPoint Presentation by Wayne Segal, Director of Public Affairs Wayne Segal, Director of Public Affairs, made a presentation relative to the work done by the Office of Public Affairs. (A copy of the presentation is attached to the original set of these minutes on file in the City Clerk's Office.) Presentation of the Bob Borovy Student Citizen of the Year Award to Christina Milsted from Atlantic High School Steve Waldman, Vice Chairman of the Advisory Board on Children and Youth, explained that Bob Borovy has worked diligently for seniors, children, Veterans, the American Legion and for the community. He has dedicated his life to the service of his country and others. With this in mind, the Advisory Board on Children & Youth created an award for the graduating senior that made the greatest contribution to the school community and the community at-large. The award winners received savings bonds. The award winners were: Ken Zylstra - $200 Savings Bond Alyssa malsma - $200 Savings Bond 3essica Aperavich - $500 Savings Bond Christina Milsted - $1,000 Savings Bond Mr. Waldman announced that Christina Milsted is a 4.0 average student in the IB Program at Atlantic High School. She is also a National Merit finalist and scholar. Mr. Waldman recognized these students as the "best and brightest". He showed a plaque containing Ms. Milsted's name that will be on display at City Hall in the Mall. (A copy of Mr. Waldman's presentation is attached to the original set of these minutes on file in the City Clerk's Office.) :IV. CONSENT AGENDA: Commissioner Fisher requested that Item IV-C.2 be removed from the Consent Agenda for discussion. Commissioner Black requested that Items. IV.D.5 and "I" be removed from the Consent Agenda for discussion. A. Minutes: 2. 3. 4. ~loint City Commission/Chamber of Commerce Workshop of May 3, 2000 City Commission Orientation of May 5, 2000 Agenda Preview Conference of May 11, 2000 Regular City Commission Meeting of May 16, 2000 MEET'rNG M'rNUTES REGULAR C'rTY COMM]:SS'rON BOYNTON BEACH~ FLORZDA 3UNE 6, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the "ANNUAL .1ULY 4TM FIREWORKS DISPLAY" RFP #071-2710-00/KR, to Zambelli Internationale Fireworks MFG. Co., Inc., in the amount of $20,000 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by staff and allow for selling of same Award "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT'; BID #054- 1412-00/KR, for an estimated annual expenditure of $100,000 to three vendors as follows: Ritz Safety Equipment, Safety Equipment Magid Glove & Safety Inc. Company Mfg. Approve piggybacking the CITY OF LAKELAND, FLORIDA, BID #8205, awarded to HCI Industrial Chemical for the "PURCHASE OF 50% RAYON GRADE SODIUM HYDROXIDE" with estimated expenditures of $80,000 Approve the purchase of four (4) COMPAQ ARMADA E700 COMPUTERS from Southern Computer Supplies in the amount of $11,836 Approve Allied Environmental Consultants, Inc. for fuel tank replacement in the amount of $12,375 utilizing the State of Florida, SNAPS AGREEMENT NO. 9731466 C. Resolutions: Proposed Resolution No. R00-72 Re: Authorizing the full release of surety ($4,400) for the project known as Boynton Shoppes 2. Proposed Resolution No. R00-73 Re: the Firefighters Ratifying the labor contract with At Commissioner Fishers request, Item IV-C.2 was removed from the Consent Agenda for discussion. Proposed Resolution No. R00-74 Re: Endorsing the Habitat for Humanity proposal to participate in the Department of Community Affairs Community Improvement Act of 1980, thus becoming a sponsor for the Community Contribution Tax Credit Program Proposed Resolution No. R00-75 Re: Authorizing the Mayor and City Clerk to execute an Assignment of Conditional Permit Agreement between the City of Boynton Beach and the 3925 Corporation and the Lake Worth Drainage District Proposed Resolution No. R00-76 Re: Authorizing a reduction in the cash surety for the project known as PGD, Inc. in the amount of $15,675 4 MEETLNG MTNUTES REGULAR CZTY COMMTSS'rON BOYNTON BEACH,, FLORIDA 3UNE 6~ 2000 Proposed Resolution No. R00-77 Re: Authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County as partners in the development of the Local Mitigation Strategy 7. Intentionally Left Blank D. Ratification of Planning & Development Board Action: Don Tracy (Front Setback) - 31 Swallow Drive - Request for relief from Chapter 2. Zoning, Section 5 (C)(2)(a), which requires a minimum front setback of 25 feet to allow a :15 foot front setback, or a :10 foot front setback reduction (variance), to construct a single-family home Don Tracy (Rear Setback) - 3:1 Swallow Drive - Request for relief from Chapter 2. Zoning, Section 5 (C)(2)(a), which requires a minimum rear setback of 25 feet, to allow a :LO foot rear setback, or a :15 foot rear setback reduction (variance), to construct a single-family home Stor-AII Time Extension (Limited-access self-storage facility) - Southeast corner of Old Boynton Road and Knuth Road - Request for an eight-month extension of the conditional use approval granted on May 4, 1999 which would extend the expiration date of this conditional use approval from May 4, 2000 to January 4, 2001 Oriana Granite - Lot 50-A Quantum Park - Request for use approval to add stone cutting and finishing to the Quantum Park PTD list of permitted uses for all parcels with an industrial master plan designation Oriana Granite - Lot 50-A Quantum Park - Request for new site plan approval to construct a 24,0:10 square foot industrial/office facility on :1.42 acres At Commissioner Black's request, Ttem TV-D.5 was removed from the Consent Agenda for discussion. Commerce Road Realty Co., LLC- High Ridge Commerce Park - Request for new site plan approval to construct a 20,380 square foot industrial/office/warehouse facility on 1.26 acres Sammy Berry Building - 110 Martin Luther King, Jr. Boulevard - Request for new site plan approval to construct a 2,950 square foot retail/office facility on 0.28 acre Authorize staff to negotiate a contract with the number one ranked engineering firm for the purpose of design, permitting, bidding assistance, and construction management of the Industrial Avenue Stormwater Improvement Project Authorize staff to negotiate a contract with the number one ranked engineering firm for the purpose of design, permitting, bidding assistance, and construction management of the Costa Bella Stormwater Improvement Project MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACHf FLORIDA 3UNE 6f 2000 Approve a Change Order to add a light tower to the Sabre Encore Heavy Rescue Vehicle in the amount of $12,086 Approve funding to complete $100,450 in repairs and improvements to the Tennis Center in an effort to have a "world class" facility to host the inaugural North American Corporate Games (NACG) on October 27-29, 2000 At Commissioner Black's request, Item IV-I was removed from the Consent Agenda for discussion. Motion Commissioner Black moved to approve the Consent Agenda as amended. Commissioner Fisher seconded the motion that carried unanimously. CONSENT AGENDA TTEMS FOR DTSCUSSTON: IV.C-2. Proposed Resolution No. R00-73 Re: Ratifying the labor contract with the Firefighters Fire Chief Bill Bingham explained that this labor contract is a three-year agreement that began October 1, 1999 and runs through September 30, 2002. With this contract, the old pay system was replaced by a new pay plan that incorporates the DMG recommendations. There are salary adjustments for all of the three years with a pay for performance provision in the third year. A promotional formula has been incorporated that will place increased educational demands on the personnel that are advancing within the department. This will raise the bond of professionalism throughout the department. The agreement has date specific criteria that will help ensure a timely contract on October 1, 2002. Motion Commissioner Black moved to approve Proposed Resolution No. R00-73. Commissioner Fisher seconded the motion that carried unanimously. IV.D-5. Oriana Granite - Lot 50-A Quantum Park - Request for new site plan approval to construct a 24~0:t0 square foot industrial/office facility on :t.42 acres Commissioner Black reported that he received a number of telephone calls over the past weekend with respect to this issue that was heard by the Planning & Development Board. Commissioner Black explained that the Planning & Development Board meets in Commission Chambers and sits at the dais. This board is an advisory board to the Commission. One applicant stated that when he appeared before the board, he was asked whether or not he agreed with all of the staff comments associated with his application. His response was affirmative. During the meeting, the board requested that he construct the parking spaces :LO' in width rather than 9' required by Code. He agreed with the request because he was intimidated into believing that his project would be denied if he refused the request. The applicant requested that Commissioner Black take this issue off the Consent Agenda for discussion purposes since he would prefer to follow the Code requirement of 9' width for the parking spaces. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR]DA 3UNE 6~ 2000 Attorney Cherof advised that if it were the Commission's desire to hear the evidence presented by the applicant, the matter should be tabled to the next City Commission meeting for a public hearing with appropriate notice to adjacent property owners. In response to Commissioner Fisher, Mike Rumpf, Planning & Zoning Director, advised that the increased width to 10' was the Planning & Development Board's recommendation. The issue was discussed for the first time during the board meeting. It is not staff's recommendation and it was not included in staff's recommendations. Lee Wische, 1302 SW 18th Street, is the Chairman of the Planning & Development Board. Mr. Wische said he asked the applicant if he was in agreement with all staff comments and the applicant replied affirmatively. One of the members of the board asked the applicant if he would be amenable to widening the parking spaces even though the Code requires 9'. The applicant agreed with the request and the board approved the project. There were no threats and Mr. Wische was unaware of the fact that the applicant might have been intimidated. Robert Vaughn, of Quincy Johnson Architects in Boca Raton, represented the project. Mr. Vaughn advised that his appearance before the Planning & Development Board was his first visit to this City. He observed that many of the applicants that appeared before him were exposed to requests from the board to agree to conditions that came up during the meeting. Those conditions were not written conditions or guidelines. Mr. Vaugh agreed to increase the parking spaces to 10' because he wanted a positive recommendation. Mr. Vaughn said he would do the same before the City Commission if that would result in approval of his project. However, he requested that this item be pulled from the Consent Agenda for discussion since he felt it was not right for the architects to spend many hours following guidelines established by the City only to have a City board request changes because of their preferences. The applicants then feel compelled to comply in order to receive approval. Woodrow Hay, 427 NW 5th Avenue, is a member of the Planning & Development Board. Mr. Hay recalled that during the meeting, this same request for widening parking spaces to 10' was made of other applicants who did not agree with the request. Mr. Hay said he did not recall that the board put pressure on this applicant and he stated that he would not have been a party to that type of action. Commissioner Fisher felt it was unfair to discuss what happened during the meeting since the Commissioners were not present. He apologized to the applicant for feeling intimidated but said he did not believe that was the board's intention. He explained that the Commission's decision should be whether or not to request that the applicant increase the parking space width to 10'. Motion Commissioner Black moved to approve Consent Agenda ]:tem TV.D-4 subject to all conditions except #22 that regards the 9' versus 10'. Commissioner Fisher seconded the motion that carried unanimously. Approve funding to complete $:L00,450 in repairs and improvements to the Tennis Center in an effort to have a "world class" facility to host the inaugural North American Corporate Games (NACG) on October 27-29, 2000 Commissioner Black pointed out that the City of Boynton Beach does not have a "world-class" tennis facility because that term means that the facility is "world-class" all of the time. He said he did a great deal of research and no one knows what is going on with this event. There have been no advance MEET:lNG M'rNUTES REGULAR CTTY COMM?SS?ON BOYNTON BEACH~ FLORZDA 3UNE 6~, 2000 bookings and the World Trade Center was unable to provide any ideas with respect to the anticipated number of people that would visit Palm Beach County for this event. They did advise that attendance has ranged from 2,000 to over 10,000 in Europe. They would be ecstatic with 2,000 visitors to the County. Our Tennis Center will be used only for the tennis event. Other events will be held throughout the County. There are no guarantees that the visitors will stay at hotels in Boynton Beach. Commissioner Black felt this would be a large expenditure of funds for a three-day weekend event when we do not have any specific details. Commissioner Fisher pointed out that there are plans in place to spend this money for renovations in the next fiscal year. City Manager Bressner said the expenses for the refurbishment would be part of the proposed budget for the next fiscal year. Mr. Bressner requested that Wally Majors, Acting Recreation Director, explain the extent of the refurbishment that would be anticipated in the next budget. Wally Majors explained that the Recreation Department would be recommending refurbishment projects that would occur over the next two to four years. The items would have been prioritized. The upgrades that are recommended for the NACG would definitely impact the visibility for that weekend but also would be improvements that are needed for those who use the facility on a daily basis. These improvements would do a great deal of good for everyone. Commissioner Fisher said he would agree with Commissioner Black's remarks if this facility were only going to be used for the one weekend in October. However, the City is considering working with the Chamber of Commerce to develop a Blue Ribbon panel to deal with businesses looking to move to the area. This upgraded Tennis Center will help with the presentation of the City and it could lead to other Corporate Games and Special Olympics. Although this is a great deal of money, it is an opportunity for the City to begin participating in the County. Commissioner Black reiterated that as of this date, no one has registered to play tennis at this facility for those Corporate Games. He pointed out that Governor Bush and the Palm Beach County Sports Commission highly support this effort. However, no financial assistance has been offered. Commissioner Black recommended tabling this item in an effort to receive a presentation from the NACG that provides facts and figures. Bill Kulock, President of the NACG, expressed surprise by Commissioner Black's remarks since he said they were contrary to conversations they had previously. He explained that last .lune, he went to Europe to see the European Games. Through the efforts of the Palm Beach County Sports Commission, the Convention and Visitors Bureau, the Florida Sports Foundation and the World Trade Center, an event will be produced that will have lasting impact on the entire County in perpetuity. With this in mind, Diana Johnson was approached and she realized the business opportunities associated with this event. The NACG has been working since last .lune to make this event happen. With the encouragement of several people, the Tennis Center was selected because it would be improved. The event is in the process of registrations that are being received every day. This event drew over 10,000 people in Australia and Asia. This is considered a major opportunity for the County. The registration area will be at the International Pavilion in West Palm Beach. The City of Boynton Beach will be able to show what Boynton Beach has to offer. These games will mean so much in identifying this community and the County. Mr. Kulock requested further opportunities to discuss this event. Para Gehrig, Executive Director of the Palm Beach County Sports Commission said it takes three years to know if an event will be successful. The first year is the toughest. :If this County gets through the first year, we will breed success. Palm Beach County will benefit through this event in terms of economic development. This will provide an opportunity to showcase Palm Beach County to corporate America. MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA 3UNE 6f 2000 The Commission was very selective in picking the communities for these events. Ms. Gehrig urged the Commission to support this event. Motion Vice Mayor Weiland moved to approve Consent Agenda Item "I". Commissioner Fisher seconded the motion that carried 4-1. (Commissioner Black dissented.) V. CITY MANAGER'S REPORT: AA. Presentation of Plaques to Mayor Gerald Broening and Joy Currier - Lena Rahming At the podium, Lena Rahming, Center Manager for Boynton Beach Childcare Center/HeadStart, presented Mayor Broening and Joy Currier with individual plaques for outstanding work. The plaques read as follows: "Friends of HeadStart and Early HeadStart Award presented to Mayor Gerald Broening (Joy Currier) for dedication and commitment to the delivery of quality services to children and families - June 2, 2000 - Fourth Annual Volunteer Awards Ceremony - West Palm Beach, Florida". Mayor Broening accepted the award on behalf of the City and stated that HeadStart has been part of his family's life for many years. Mrs. Broening has been a volunteer in at least four or five locations. AAA. Presentation of "Secret of the Sailfish" T-shirts City Manager Bressner presented the Mayor and Commissioners with "Secret of the Sailfish" T-shirts that contain one of the City's Iogos. Presentation of Questions & Answers for Proposed Stormwater ERU Increase (Verbal Presentation) Mr. Bressner reported that he prepared a written response to questions that were posed by the Chamber of Commerce. The Chamber and the City understand the need to construct a number of storm drainage projects in the community. However, the issue involves how to pay for the improvements and there are different opinions on how to accomplish this. In 1999, when the City engaged services for the rate study, one scenario was presented to the City Commission. Mr. Bressner advised that there are four other scenarios that could be considered as methods to construct the improvements. Mr. Bressner explained that the improvements must go forward. The Chamber asked legitimate questions with respect to the financing of the program. To answer the questions, Mr. Bressner went back into the rate study to look at it from a different perspective than was previously done in April. Mr. Bressner determined that an ERU of $5 to $6 would probably be necessary. However, there are cash reserves available within the Utility Fund so that the borrowing of a bond may not be necessary. The rate study anticipated the borrowing of approximately $13.1 million. When that amount of money is borrowed and spread out over a 30~year term, even at a favorable interest rate of 5.2%, $26 million is spent to retire the debt. In looking at the alternatives and cash flow for the Utility, Mr. Bressner and Ms. Reese, Finance Director, developed a supplement to the rate study. On September 30, 1988, there was $61 million in the Fund. MEE'r~NG MI'NUTES REGULAR CTTY COMMTSSION BOYNTON BEACH~ FLORIDA .1UNE 6, 2000 However, they investigated to determine where the City would be on September 30, 2004. They learned that there would be substantially less money at that time. In 1996, the City Commission adopted a Resolution that merged the utilities together so that there is flexibility so that the assets and liabilities can be treated as "one family". That merger gave the Commission and future Commissions the operating flexibility needed to allow them to embark on a major construction project. When a substantial number of these projects are completed by September 30, 2004, the City will not be broke and we will have the necessary resources left in the Utility Fund. Mr. Bressner explained that it is important to have resources remaining because there are unfunded mandates and a bill working its way through Congress that would require the treatment of stormwater. Therefore, it would be prudent not to spend down the reserves. However, it is also prudent to not maintain reserves that are excessive. A revision to the recommendation staff made in April would be an ERU in the range of $5 or $6 without bonds. It is important to remember, however, that if there are projects that are necessitated by changes in EPA regulations or other State, Federal or County mandates, we may need to borrow money. At this point, it is not necessary to do that. The reserves need to be utilized for these projects as well as future contingent operations of the utility and public projects that are appropriate. Mr. Bressner provided copies of the questions posed by the Chamber of Commerce and his answers. He urged the public to review the information and contact him with feedback, He reiterated that the projects must be done and an increase in the ERU is necessary. The good news is that the City does not have to borrow money at this time. (A copy of the information disseminated by City Manager Bressner is attached to the original set of these minutes on file in the City Clerk's Office,) VI. PUBLTC AUDIENCE: Penny Ansteyr 517 NE 5th Avenuer addressed the issue of nonconforming signs and urged the Commissioners not to extend the compliance date. Michael Brinkman, 518 Industrial Avenuer reminded the Commissioners that approximately 11/2 years ago, he spoke with Mr. Kastarlak about working with Comcast to provide an outlet on the north end of Tndustrial Avenue. Comcast was willing to relinquish their right-of-way to construct a street to West Tndustrial Avenue. Also, Mr. Brinkman said he attended the public hearings related to Stor-all. They were permitted to build their facility without concerns about drainage. They said they would install a pipe from Tndustrial Avenue to drain into their retention pond. Although the building appears to be near completion for CO, they built a berm and Mr. Brinkman is concerned about how the water will get from the street into the pond. Mr. Bressner said this situation would be investigated. Alice Otis, 203 SW 13th Streetr extended the congratulations of the Citizens Action Commission to Scott Blasie for his graduation from FAU. They also congratulated the City Commission for their action to upgrade radio reads of water meters. Herb Sussr 1711 Wood Fern Driver presented Certificates of Appreciation that he produced to the following: Mayor Gerald Broening - For attendance and leadership Mrs. Delores Broening - For being supportive of the Mayor Joe Sciortino - For "The Links at Boynton Beach" 10 MEETTNG MTNUTES REGULAR CTTY COMMtSSTON BOYNTON BEACH~ FLOI~DA 3UNE 6~ 2000 Sue Kruse - For being the best City Clerk in the U.S. Boynton Beach Police Department, Chief Gage & Deputy Chief Tmmler Bill Bingham & the Fire Department Planning & Development Board Lori Wilkinson, 2458 SW Cranbrook Drive, spoke about the difficulty she has encountered in locating the Mobiltech because of signage. She urged the Commissioners to stick with the law and not extend the compliance date for nonconforming signs. Sarah Lorenz, 2508 NW 2:[st Street, reminded the Commissioners that she would like to open "Temple Tattoo" at 813 North Federal Highway. She feels her business would compliment the area. Dee Zibelli, 440 Ocean Parkway, expressed concern about the pollution that might be generated by Oriana Granite. Mr. Rumpf explained that the project has gone through use approval and has met all required performance criteria, The operation is contained within the structure. Ms. Zibelli congratulated the City Manager for suggesting televising Commission meetings. Ron Bair~ 2898 SE ~.st Place. announced that the Citizens Action Committee will hold its next meeting at Ezell Hester Center on June 16m at 6:30 p.m. Everyone was encouraged to attend. Mr. Bair said the Citizens Action Committee is a watchdog group that is positive and upbeat. As a member of the Committee, he expressed the desire for the City to provide free bus service to the Senior Center for a limited period of time. Bob Brown, 70:~ South Seacrest Boulevardr said it was his understanding that the maintenance of the swales along Seacrest Boulevard has been turned over to the County. He pointed out that the swales look shabby. He requested that the Commissioners take these areas back from the County so that the City could control the maintenance. He recommended that the City Commissioners drive down Swinton Avenue and view the swales in the area from South 10th to North 23rd. The property values of the overall city increased approximately $:LO0,O00 per house in this area. VZZ. PUBL]:C HEARING: None VIIZ. FUTURE AGENDA ZTEMS: Mayor Broening announced these Future Agenda Items: Review proposed policy for cemetery late arrival fee Update of Enforcement of Non-conforming Signs TX. DEVELOPMENT PLANS: None 11 MEETING MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLORIDA 3UNE 6, 2000 X. NEW BUSZNESS: Approve the application of Thomas Souza for City sponsorship of his project known as My Emotions for the Round TV Development Regions Core Grant program (/'A~'/.£D ON Motion Vice Mayor Weiland moved to remove this item from the table. Commissioner Black seconded the motion that carried unanimously, Vice Mayor Weiland reminded the Commissioners that he requested tabling this item at the last meeting because he had questions that required answers. Those answers were provided this afternoon. Commissioner Fisher confirmed with Mr. Bressner that "My Emotions" is similar to Bath and Body Works that is currently operating at the Boynton Beach Mall. Commissioner Fisher asked whether there was anything in our Code that would address a situation if the business decided to change its venue. Mr. Sugerman explained that the protection on the grant side is that this is a reimbursement grant once everything is done. If the applicant does not build what he promised to build, he will not receive reimbursement. If they build what they have promised to build, receive reimbursement and then change their venue, it becomes a zoning and licensing matter. Motion Vice Mayor Weiland moved to approve. Commissioner Black seconded the motion that carried unanimously, XZ. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. O00-14 Re: Amending the monthly ERU from $1.00 to $6.00 Attorney Cherof read Proposed Ordinance No. 000-14 by title only. Commissioner Black inquired whether or not the Commission would be approving this Ordinance as stated. Mr. Bressner advised that the Ordinance did not specify that money would be borrowed. Therefore, if the Commission was comfortable with the rate, the Ordinance would be approved as written. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Rick Lewis~ 1020 Andover Court- is Chairman of the Board of the Chamber of Commerce that represents over 700 businesses in the area, The Chamber of Commerce supports the Commission and the Stormwater Drainage Tmprovement Plan. The Chamber of Commerce sent a letter to the Commission that asked specific questions. One of the questions related to the use of reserves and how it might 12 MEET]:NG MrNUTES REGULAR CTTY COMM1'SSTON BOYNTON BEACH~ FLOR.I~DA 3UNE 6, 2000 improve the financing plan. The Chamber of Commerce was pleased with Mayor Broening's letter and the fact that Mr. Bressner revisited the issue. That re-evaluation of the financing indicates that the City and its citizens would save millions of dollars in interest payments. The Chamber is working very hard to make the City conducive to economic development. The Chamber requested that the City move forward in that spirit and develop a financing plan that would mitigate any adverse impact on the citizenry. Robert Hill, 2815 South Seacrest Boulevard, is president of Bethesda Memorial Hospital. He expressed an objection to the ERU increase of $5 to $6. Although the projects need to be done, that work could be accomplished with reserves and at the end of the five-year period, there could be $16 million remaining in reserves. Mr. Hill said $800,000 to $1 million would be earned annually in interest for every year after that. Mr. Hill said any businessman would "kill" for 8.2 months of cash reserves. He urged the Commission not to raise the rates to $5 or $6. Mr. Hill said it is bad public policy to leave tax dollars sitting there in anticipation of mandates from Congress. He pleaded that the Commission not put this burden on business. 3erry Taylor, 1086 SW 26th Avenue, presented a handout of his presentation. Mr. Taylor presented background information on the Stormwater Pregram. (A copy of Mr. Taylor's presentation is attached to the original set of these minutes on file in the City Clerk's Office.) Tom McGow, 945 LeGrace Circle, felt the City Manager's use of the word "obligation" was very important. He said the City has an obligation to the citizens. The city must be livable in order to attract business. He expressed his opinion that the City did not fulfill its obligations in the past because the citizens and businesses did not pay the proper rate. Ron Whittaker, 359 ]:ndustrial Avenue, addressed the issue of a new street from east to west Tndustrial Avenue. This issue was discussed three years ago and it was determined that the access road would help the area. However, nothing has been done. Mr. Whittaker said the City's performance has not been good. He said he had a letter from the City that dated back to 1998 wherein he was advised that there was $750,000 available to help with drainage improvements. However, nothing has been done. He urged the Commission to do something this year. Michael Terry, 961 NW 8th Avenue requested that his time be allotted to his daughter. She stated that over the past nine years, she has experienced flooding problems and up to 12" of water inside her home. She supports an increased ERU in order to correct the problems. She questioned why Riseley Construction was permitted to build 12 homes in her area when there was an existing flooding situation. This new construction is 4' to 5' higher than her home. Shirley 3askiewicz, 1917 SW 13th Avenue- sympathized with everyone who spoke about these serious stormwater problems. When serving as a Commissioner, she recognized this as a serious preblem and believed the Commission took steps to resolve some of these issues. She agreed with Mr. Whittaker that discussions took place with Mr. Kastarlak with respect to purchasing easements from Comcast. She apologized that this issue had not yet been settled. Ms..]askiewicz said she had been very involved with the annexation pregram and explained that the City's tax rate and debt issue were concerns during discussions. She was opposed to using a bond issue for these stormwater projects because that would eliminate any possibility of annexation. Mary Law, 625 South Federal Hiqhway~ feels that a united City would produce solutions to the drainage problems. She said that when it rains very hard, all of the clay comes off the ballfield at Pence Park. She feels French drains would help to divert water onto other properties rather than onto Federal Highway. She urged the City to help the citizens by sending out flyers teaching the people how to build MEETING MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLORZDA 3UNE 6, 2000 swales on their property. She said our citizens need to be encouraged to respect the easements by not planting in those areas. She requested that the City take some action without spending so much money. Vice Mayor Weiland said that regardless of what the Commission decided with respect to the ERU, it was his intention to request that staff spend $4 million of the unrestricted funds to address the Costa Bella and Industrial Avenue projects. Commissioner Fisher said this issue was discussed at the Agenda Preview Conference and a decision was made for the City Manager to arrange for a community meeting so that the public could be apprised of how the City would handle the upcoming hurricane season. Mayor Broening thanked City Manager Bressner and staff for giving the Commission an alternative to a bond issue. Mayor Broening agreed with the information that was provided by staff. He pointed out the following examples of what businesses are currently paying and what they will pay in the future: 3ust under $5,000 $2,600 $24,600 $16,000 Mayor BrOening did not feel this was a "tremendous" amount of money for a large organization. He said that in his corporate life, this amount of money would have been "peanuts". He pointed out that we have been paying $1 for three or four years while other communities have been paying $3 and $4. Mayor Broening would support a rate of either $5 or $6. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-14 on second and final reading. Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Fisher dissented.) Motion Vice Mayor Weiland moved to take a 10-minute recess. Mayor Pro Tem Sherman seconded the motion that carried unanimously. The meeting recessed at 9:10 p.m. THE MEETING RECONVENED AT 9:26 P.M. Consensus There was a consensus of the Commission to move up Items XI-C.1, XI-C.2 and XI-B.4. XI-C. 1. Proposed Resolution No. R00-78 Re: Approving a Mediation Agreement between DSS Properties, Ltd., DSS Management, Tnc., d/b/a/ Two Georges Restaurant, Ocean Breeze Festival Park and the City of Boynton Beach Attorney Cherof read Proposed Resolution No. R00-78 by title only. Attorney Cherof announced that this Mediation Agreement would resolve all of the pending litigation between the City, Two Georges, the marina project and all other issues related to the litigation. There is an authorization that the Development Agreement previously approved by the Commission would be 14 MEETING MZNUTES REGULAR CTTY COMMISSZON BOYNTON BEACH, FLOI~ZDA .1UNE 6, 2000 amended to conform to this Mediation Agreement and it will require one future action that is the abandonment of Casa Loma Boulevard subject to reservations of utilities. When David Layman, representinq Ocean Breeze, approached the podium, Vice Mayor Weiland inquired when we would see the work commence on the marina project. Mr. Layman said he was amazed by the amount of work that had been done so far. The marina is almost completed and the seawall is complete. The construction of the buildings should begin very soon. Vice Mayor Weiland asked for a more specific date with respect to construction of the buildings. Mr. Layman advised that the next step in the process would be doing Casa Loma Boulevard and the utilities to serve the entire project. A construction loan has been closed and is in place. Mr. Layman said the Commission should see "a shovel hitting the ground on Casa Loma Boulevard" within three months at the latest. There are time frames under the Development Agreement that are not being changed except for the completion of Casa Loma. It should take 90 days for the work associated with Casa Loma. Commissioner Fisher confirmed with Mr. Layman that by the end of the Year 2000, we should begin to see building construction on Phase [. Commissioner Black thanked Attorney Cherof, Messrs. Perry and Skaggs and Ocean Breeze for their cooperation in this matter. Motion Commissioner Fisher moved to approve Proposed Resolution No. R00-78. Commissioner Black seconded the motion that carried that carried unanimously. X1-C.2. Proposed Resolution No. R00-79 Re: Approving a Dispute Resolution Agreement between the City of Boynton Beach and the Town of Ocean Ridge Attorney Cherof read Proposed Resolution No. R00-79 by title only. City Manager Bressner advised that the Settlement Agreement contemplates the use of approximately 30 spaces. Both Mr. Bressner and Mr. Dunham, Town Manager of Ocean Ridge, understand that the exact location of those spaces may be on either side of the building. Although the Agreement contemplates that most of the spaces to be used would be on the south side of the building, Ocean Ridge has agreed that they would accommodate us on the north side as well. Vice Mayor Weiland requested to know the specifics of the procedure for parking in that lot once the Agreement is finalized. Mr. Bressner advised that the beach passes/decals would be honored. With respect to TNT Concerts, an arrangement will be worked out to notify the Watch Commander of the Ocean Ridge Police Department to make arrangements for temporary parking. Shirley 3askiewicz said her one concern was whether or not the City was paying for the design of the parking lot on the Ocean Ridge side. Mr. Bressner explained that the thermo-plastic marking of the spaces can be done on a CADD software program. The discussion centered on configuring the parking lot for overflow parking. The overall expenditure for this City would be approximately $1,800. Vice Mayor Weiland reminded the Commissioners that he was the one person that turned the table on the Agreement a number of months ago. He said he did not like the transaction from the beginning and is still not 100% in favor of this deal. However, Vice Mayor Weiland believes the Town of Ocean Ridge 15 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA 3UNE 6, 2000 has the right to expand their Town Hall. He would like to see ample overflow parking for the citizens of Boynton Beach and Ocean Ridge should work hand-in-hand with us to make this an easy transition when we need to use the parking lot, Motion Commissioner Black moved to approve Proposed Resolution No. R00-79. Vice Mayor Weiland seconded the motion that carried unanimously. XI-B.4. Proposed Ordinance No. O00-24 Re: Amending Land Development Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to T-95 as a conditional use ~/'~IB/.£Z) O/V4/4'/OZT,) Commissioner Fisher announced that he would prefer to keep this item on the table until a later date since he had not had an opportunity to meet with staff to understand what this change would mean to the City in the future. Attorney Cherof suggested that the Commission conduct a workshop meeting since this is an issue of great interest. That would allow the representatives to communicate to the Commission collectively. Consensus There was a consensus of the Commission to leave this item on the table and conduct a workshop meeting on Thursday, July 13, 2000 at 6:30 p.m. in West Wing Conference Room "C". Proposed Ordinance No. O00-15 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential to Office Commercial (Bethesda Memorial Hospital Parking Lot) Attorney Cherof read Proposed Ordinance No. O00-15 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Mayor Pro Tem Sherman moved to approve Proposed Ordinance No. O00-15 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. 3. Proposed Ordinance No. O00-16 Re: To rezone from Single-Family Residential District (R-1AA) to Office/Professional Commercial District (C-1) (Bethesda Memorial Hospital Parking Lot) Attorney Cherof read Proposed Ordinance No. O00-16by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. 16 MEETZNG MZNUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA .1UNE 6, 2000 Motion Commissioner Black moved to approve Proposed Ordinance No. O00-16 on second and final reading. Commissioner Fisher seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous. Mayor Broening announced that in support of Bethesda Memorial Hospital, the Commission moved a significant source of tax funds to a non-tax garnering use. Proposed Ordinance No. O00-17 Re: Amending the meal allowances and mileage allowance paid to employees/city representatives when traveling on City business Attorney Cherof read Proposed Ordinance No. O00-17 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-17 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-18 Re: Amending the Police Officers' Pension Plan to provide for the changes in accordance with Florida Statutes Chapter 185 Attorney Cherof read Proposed Ordinance No. O00-18 y title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-18 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-19 Re: Amending the Firefighters' Pension Plan to provide for changes in accordance with Florida Statutes Chapter 175 Attorney Cherof read Proposed Ordinance No. O00-19 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-19 on second and final reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 17 MEET:lNG MZNUTES REGULAR C:~TY COMMZSS:~ON BOYNTON BEACH, FLOI~DA 3UNE 6, 2000 Proposed Ordinance No. 000-20 Re: Amending Chapter 2. Zoning, Section 11 (E) Swimming Pools, to exclude aboveground pools from the minimum rear setback for structures, and establishing the minimum rear setback for aboveground pools as 10' Attorney Cherof read Proposed Ordinance No. 000-20 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Commissioner Black questioned whether this Ordinance would affect fencing around pools. Mr. Rumpf explained that fencing and security measures are subject to zoning requirements - not setbacks. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-20 on second and final reading. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1~t Reading Proposed Ordinance No. O00-21 Re: Regarding the project at the Intersection of Federal Highway known as Villa Del Sol; amending Ordinance 89- 38 by amending the Future Land Use Element of the Comprehensive Plan by adopting the proper land use by changing the land use designation from Local Retail Commercial to Special High Density Residential Attorney Cherof read Proposed Ordinance No. O00-21 by title only. Mike Fitzpatrick, 101 SW 4th Avenue, said one of the areas that the Greenways Project team decided would be a good greenways corridor was along the FEC Railroad. Villa Del Sol borders on the FEC Railroad. There is a recreation requirement for housing units. They would have to dedicate 200' along the FEC Railroad. The FEC Railroad link would take approximately 20 to 30 years to develop. However, from Golf Road to Gulfstream Boulevard, there is the potential to develop a greenways loop in a short period of time (under 10 years). This is the time when the City has the most leverage because the developer wants something from the City. Mr. Fitzpatrick requested that this issue be tabled to allow time for further investigation into the issue of greenways. Mayor Pro Tern Sherman said he would like to table this item since he would like time to learn more about greenways. Vice Mayor Weiland concurred and thanked Mr. Fitzpatrick for taking the time to bring this issue to the Commission's attention. Mike Rumpf, Planning & Zoning Director, said this request is a Comprehensive Plan item that is attached to the EAR. If one of the items related to Villa Del Sol were to be tabled, they would all have to be tabled. Mr. Rumpf explained that the regulations are not in place in the City to compel the developer to do what was suggested by Mr. Fitzpatrick, He suggested that the Commission consider these details at the site plan stage. ]8 MEETTNG MINUTES REGULAR C:~TY COMMISSION BOYNTON BEACH, FLOI~DA 3UNE 6, 2000 Vice Mayor Weiland recommended to Mr. Rumpf that when the developer presents his site plan to the City, he should be informed that the Commission would address the greenways issue. Mr. Rumpf said he would provide a "heads up". Motion Commissioner Fisher moved to approve Proposed Ordinance No. O00-21 on first reading. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-22 Re: Amending the text of the Future Land Use Element of the Comprehensive Plan in connection with the application by Grove Partners, Ltd. (for the project known as Villa Del Sol) within the Planning Area 1P to amend the land use classification Attorney Cherof read Proposed Ordinance No. 000-22 by title only. Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. 000-22 on first reading, Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-23 Re: Regarding the application of Grove Partners limited for the project known as Villa Del Sol, located at the intersection of Federal Highway (US I and Old Dixie Highway) amending Ordinance 91-70 by rezoning from C-3 Community Commercial to R-3 High Density Residential Attorney Cherof read Proposed Ordinance No. O00-23 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-23 on first reading. Commissioner Fisher seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous. ,, Proposed Ordinance No. O00-24 Re: Amending Land Development Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to 1-95 as a conditional use (TAaZ£O ON 4/4/00) This item was addressed earlier in the meeting. Proposed Ordinance No. O00-25 Re: Amend the Future Land Use Map from Medium Density Residential to Recreational for a 4-acre tract of land (Palmetto Green Park) Attorney Cherof read Proposed Ordinance No. 000-25 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-25 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 19 MEETING MZNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORZDA 3UNE 6~ 2000 Proposed Ordinance No. O00-26 Re: Amending the Future Land Use Map from Office Commercial to Low Density Residential for a 30-acre tract of land (Isles at Hunters Run) Attorney Cherof read Proposed Ordinance No. 000-26 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-26 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-27 Re: Amending the Future Land Use Map from Low Density Residential and IVledium Density Residential to Recreational as required by the [nterlocal Agreement with Palm Beach County for a 53.69-acre tract of land (Seacrest Scrub) Attorney Cherof read Proposed Ordinance No. 000-27 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-27 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-28 Re: Amending the Future Land Use Map from Moderate Density Residential to Recreational for a 13.59-acre tract (Rosemary Scrub) Attorney Cherof read Proposed Ordinance No. O00-28 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-28 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-29 Re: Adopting the Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan to update the goals, objectives and policies, and Future Land Use IVlap Attorney Cherof read Proposed Ordinance No. 000-29 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-29 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 10. Proposed Ordinance No. O00-30 Re: Amending the Land Development Regulations Chapter 2, Zoning, to establish a new section for overlay zoning districts, the Martin Luther King Boulevard Overlay District and corresponding setbacks 20 MEETING MZNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOI~tDA .1UNE 6, 2000 Attorney Cherof read Proposed Ordinance No. O00-30 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-30 on first reading. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. ll. Proposed Ordinance No. O00-31 Re: Creating a new chapter of the City Code, regulating franchise agreements on public lands (City's right-of-way) to provide cable television or open video system services Attorney Cherof read Proposed Ordinance No. O00-31 by title only. Commissioner Fisher confirmed with Attorney Cherof that this Ordinance includes ~[nternet data lines. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-31 on first reading. Mayor Pro Tern Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 12. Proposed Ordinance No. O00-32 Re: Creating a new chapter of the City Code pertaining to the franchising and licensing of telecommunications providers Attorney Cherof read Proposed Ordinance No. 000-32 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-32 on first reading. Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R00-78 Re: Approving a Mediation Agreement between DSS Properties, Ltd., DSS Management, 1nc., d/b/a/ Two Georges Restaurant, Ocean Breeze Festival Park and the City of Boynton Beach This item was addressed earlier in the meeting. Proposed Resolution No. R00-79 Re: Approving a Dispute Resolution Agreement between the City of Boynton Beach and the Town of Ocean Ridge This item was addressed earlier in the meeting. D. Other: None XII. UNFINISHED BUSINESS: None 21 BOYNTON BEACH, FLORZDA 3UNE 6, 2000 XIII. OTHER: None )CIV. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 10::[8 p.m. CITY OF BOYNTON BEACH Vice Mayor A~E~: City ~l'erk --' ' ~ --' ~ep/lty City Clerk (,F~ur Tapes) Commissioner Commissioner 06/09/2000 8:15 AM 22 The Bob Borovy Student Citizen of the Year ~ward Christine Milsted-Atlantic H.S. ($1000 Savings Bond/Plaque) Jessica Aperavich-Atlantic H.S. ($500 Savings Bond) Alissa Talsma-Lake Worth Christian H.S. ($200 Savings Bond) Kenneth Zylstra-Lake Worth Christian H.S. ($200 Savings Bond) SPONSORS City of Boynton Beach Boynton Beach Kiwanis Club American Legion Post 164 VFW Post 5335 Mr. Harvey Oyer, Jr. Mr. Stephen Waldman In a ChanBin8 Environment The Role oF the OFFice oF' Public RFPaira A Report to the Citizens of Boynton Beach Presented By: Wayne M. Segal Director of Public Affairs June 6, 2000 LUe're Reinventing Cit9 Livin8 For the fleLU millennium HOLU Doee a Communitg Reinvent Citg Living? · Partnerahipe · Collaboratione ~ · Communicatione ~ In a Changing Environment The Role oF ~e OFFice oF Public RFTaire Re Boflnton Beach continuee to reinvent cit8 living For the new millennium and implement the changee that will enhance the qualit8 oF life For thoee who liw, work and pla8 here, eFFective communication between the cite, itu reeidento and other etakeholdere becomee increaein818 more important. CoLumaniciting the Cltg'e meeeage begine LUith: · Tbe Ciql Commiealoa End ie reflected dailg In the mark oF.. · The Cltg Iflanager and afl emplogeee · To eerve aa a manageLuent Function oF the Cltg goveraLuent · To build and maintain goad tma-Lmall relntionehlpe · To eFTect~lg cemLuunicnte the go,cea and boaeFita oF Bognthn Beach te itc etakeboldere · To peoitloa 6ogntoa Beach aea deeirabie dentlnatlon in Luhich th live. Luork and plag · To eetabiieh 9oale · To map out a proceee · For achieving the eucceeeFul exchange oF information amen8 all etakeholdere 5enier management muet recognize the irflpe~tance oF commanicatione in achieving objectivee 6enior managemeet ehould bane ali co~n eFForth off clear, mell. deFiaed e{~etegg Reeler macegere muet tie commufllcaflene InitJativee to Imeineae objectlvee I11anagement eheuld pro~lde information th emplogeee about hem the cl~ Jn doing in meeting ~ genie Cammnnicetlnne pregrome met be proacl~ve 6 Communicatlone programe met emphaeize helping audiencee underetand Ute huaineee ? The organization eheuld have a trna.mag cenammlca~enl philOenphg 8 R compreheneiw communlca~ene program ehould he an eeeentlal part o,F the CIQl'e hueineee eb'etegg 9 I11anagere at ail levele ehould be rguJarded For communicating eFFec~ml8 10 Emplagee cnmmunicetione muat place a e~'ong emphaeln on providing information and Feedhack tO motivate and impreve Jab performance Then all involve the integral, ion oF communicatione into an overall bueineee atratagg bg and with eeninr managemenL In organizatione with eucceeaF'ul communicatione programe, eenior management hae taken the time to plan, identiF8 and eupport communicatione etratagiee that 8rom From the orBanization'e buaineee objectivee. · Proactive v. Reactive · Communit8 Problem 6olvlng v. Operotin9 in a Vacuum · Open v. Cloeed ~. · 6tranglg Themed v. 6cattered i11eeeaBee · Interactive v. Top Dolun The City of Boynton Beach RO. Box 310 Boynton Beach, Florida 33425-0310 Ci~ Managers Office. (561) 742 - 6010 Fax: (561) 742 - 6011 e-maiL, ci~.manager~ci, boyntvn.beacl~fLus STORMWATER USER FEE PROPOSAL QUESTIONS AND ANSWERS EXECUTIVE SUMMARY June 6, 2000 This report is in response to questions presented to the City Commission by the Greater Boynton Beach Chamber of Commerce in a letter dated May 26, 2000. The questions contained in the letter were representative of questions received from other organizations. Specifically, the Chamber has asked the City Commission for answers to their questions before a f'mal decision is made on a proposal to increase the current Stormwater ERU charge from the current rate of $1.00 to the proposed rate of $6.00. This report also contains an amended staff recommendation on page three. In 1996, the City Commission approved Resolution R96-121, which integrated the City's Stormwater utility with the Water and Sewer Utility. At the time, the City also issued $30,000,000 in revenue bonds, which served to refund or re-finance a 1992 revenue bond issue, which had restrictions on the use of utility funds. The refunding or "defeasing" rolled the then current 1992 bond debt into the 1996 revenue bond issue which did not have the same restrictions on the use of funds. This refinancing also produced funds for construction projects for the City's Water, Wastewater and Stormwater utilities. In addition, funds were saved in interest rates as the 1996 bond issue received a lower interest rate than the 1992 issue. Also, in 1996, the City Manager recommended keeping the Stormwater ERU at the then current $1.00 noting that projects circa 1996 could be financed from the unobligated cash of the Water/Sewer (Wastewater)/Stormwater Utility. In essence, the cash of the utility was used to pay the debt service, operating and construction costs of the three elements of the utility (Water, Wastewater and Stormwater). In 1999, following the storm events of Tropical Storm Mitch (13.15 inches of rain) in November !998 and Hurricane Irene (18.35 inches of rain) in October 1999, the City Commission and City Staff re-evaluated the overall capital project program for Stormwater and performed a rate study to determine how best' to fund improvements. The firm of Camp Dresser and McKee (CDM) was authorized by the Commission to evaluate several key issues: 1. Should the past practice of using cash be continued to meet operating, debt service and construction costs? America's Gateway to the Gulfstream How should future capital projects and operating expenses affecting the City's Water, Wastewater and Stormwater Utilities be handled? Most significant was the proposed reconstruction of the drainage swale system citywide at an estimated cost of $12.9 M. This project was not on the 1996 project list and was in response to the catastrophic rainstorms in 1998 and 1999. Findings of the CDM Study: The CDM rate study suggested that the City should consider raising the Stormwater ERU rate from $1.00 to $6.00 on the premise that the newer stormwater capital construction projects identified since 1996 could not be totally funded from the Water/Wastewater/Stormwater Utility cash reserves. The CDM study suggested that a blended approach of using cash reserves, a new $13.1M bond issue and new revenues generated from the increase in the ERU should allow the City to construct the needed improvements. The options of the current City Commission are as follows: Continue to follow the policy recommendations of the City Commission of 1996 by using cash reserves for funding of the capital, operating and debt service needs of the Stormwater Utility. Given the needs of the Water, Wastewater and Stormwater utilities, however, there is not enough cash to continue this policy without reducing the available cash in the Utility Fund to a low level ora 8.2 month cash reserve as of 9/30/04. Proceed with the earlier staff recommendation of increasing the Stormwater ERU from $1.00 to $6.00 to allow the issuance of Bonds to pay for the city-wide swale reconstruction project and to fund prior debt service and operating needs of the Stormwater utility. The ERU should be evaluated annually as part of the City's budget. Based on projections of revenue and expenses this would result in borrowing $13,160,000 in bonds and would result in a cash reserve of 23.5 months of revenue as of 9/30/04. This option also provides a reserve against unanticipated capital projects in the Utility Fund. Amend the earlier staff recommendation by approving a lesser increase in the Stormwater ERU that calls for increased use of cash reserves for construction and payment of debt service and operating costs at approximately the same rate as #2 above. This can be accomplished by reducing the proposed $6.00 ERU to $5.00. The ERU shOuld be evaluated annually as part of the City's budget. In this option, a smaller bond issue of approximately $10.4 Million would be needed due to increased cash reserves being used. With this approach, an estimated cash balance in the Utility Fund on September 30, 2004 would be approximately 20.6 months of gross revenues. A revised approach that eliminates the need for a bond issue and uses Utility Fund reserves to a greater extent than the other options above. Here the test was the ending cash reserves projected as of September 30, 2004. By applying a standard of a $5.00 ERU, fund balances totaling 15.4 months of revenues for the Water, Wastewater and Stormwater Utilities woUld be achieved by September 30, 2004. The $6.00 ERU would yield a reserve of 16.9 months of gross revenues. Both are acceptable reserves, however, unanticipated capital construction costs due to Federal, State or County mandates would need to be funded by new resources. Response to the qUestions posed by the Greater Boynton Beach Chamber of COmmerce. What are the specific Stormwater projects scheduled for 2000-2003? Answer: Please see table on green sheet attached. The recap of the Stormwater project costs for each of the next five years is: 2000 $8,206,000 2001 $8,257,500 2002 $4,320,000 2003 $3,602,000 2004 $3,333,000 Total $27,718,500 Of this amount, a total, the funding for these Stormwater construction projects is summarized as follows: Original Staff Revised 6/00 1996 Bond Proceeds: Cash Reserves: New Bond Issue: $ 5,297,500 $ 9,261,000 $13,160,000 $ 5,297,500 $11,958,000 $10,463,000 In addition to the Stormwater Projects, there will be a total of $29,942,000 construction or repair and replacement projects for the City's Water and Wastewater Utility. These projects are summarized by funding source as follows: Wastewater Construction Projects 1996 Bond Proceeds Cash Reserves New Bond Issue Total $1,356,000 $ 3,000,000 $0 $ 3,756,000 Water Construction Projects 1996 Bond Proceeds Cash Reserves New Bond Issue Total $1,664,949 $16,393,000 $0 $17,118,000 Water and Wastewater Construction Projects Totals 1996 Bond Proceeds Unrestricted Cash Reserves New Bond Issue Total $ 3,020,949 $19,393,000 $0 $ 20,874,000 The total projected use of unrestricted cash reserves for the Stormwater, Water and Wastewater Construction Work is summarized below: Original Staff Revised 6/00 Stormv~ater $ 9,261,000 $11,958,000 Water $19,393,000 $19,393,000 Wastewater $ 3,000,000 $ 3,000,000 Total Cash Used $31,654,000 $34,351,000 In addition to the construction projects above, the City will need to spend funds from the restricted fund balances for a number of Renewal and Replacement Construction Projects. These are summarized as follows: Water Renewal and Replacement Projects 1996 Bond Proceeds Restricted Cash Reserves New Bond Issue Total $0 $ 5,906,000 $0 $ 5,906,000 Wastewater Renewal and Replacement Projects 1996 Bond Proceeds Restricted Cash Reserves New Bond Issue Total $0 $ 3,396,000 $0 $ 3,396,000 Water and Wastewater Renewal and Replacement Projects 1996 Bond Proceeds Restricted Cash Reserves New Bond Issue Total $0 $ 9,068,000 $0 $ 9,068,000 How many of these projects does the City plan on completing each year? Answer: Please see table on green sheet attached. 4 What is the_current fUnd balance in the City Utility Fund? Answer: We refer to this as the Water and Sewer Fund The fund assets as of 9/30/98 were: $65,801,127 The fund assets as of 9/30/99 were: $69,027,036 How much of the utility fund balance is restricted vs unrestricted? Wh at needs to be done to "unrestricted" any restricted monies? Answer: We refer to this as the Water and Sewer Fund The fund unrestricted assets as of 9/30/98 were: The fund unrestricted assets as of 9/30/99 were: $27,744,206 $31,637,501 As noted above, the City staff has propOsed to make substantial use of the unrestricted assets for new construction projects. In addition, the staff has proposed use of restricted assets in the form of renewal and replacement construction projects. Once classified as restricted assets, it is difficult to change the designation. One method of "freeing up" restricted assets is to "defease" or refunding bond issues to eliminate or reduce the amount of reserves necessary to meet debt obligations. This was done in 1996 with the 1992 and earlier bonds issues. What is the annual interest earnings on the unrestricted monies? Answer: The City derives interest earnings from both restricted and unrestricted funds. The aggregate of the earnings may be classified as unrestricted. In 1997-98 the City earned $4,113,052 in interest earnings as of 9/30/98. In 1999-99 (as of 9/30/99) the City earned $2,911,403. What is the Commission's position on using part of the unrestricted monies and/or the earned interest on the unrestricted monies to reduce the proposed increase in Stormwater rates? Answer: This is a policy matter for the City Commission to address. The original staffproposal called for a substantial use of unrestricted assets (cash) to fund the Stormwater construction projects. The Palm Beach Post article indicates the City is considering the use of existing bond money for this work and is issuing a new bond issue as well. How much of the existing bond money is under consideration for Stormwater projects and for which specific projects? Answer: The City plans to utilize $5,297,500 from the 1996 Bond issue for Stormwater Construction Projects. In addition, the City plans to use $1,356,000 from the 1996 Bond issue for Wastewater Construction projects and $1,664,949 for Water Construction projects making the grand total of use of the 1996 Bond issue projected to be $8,318,449. 5 How much_ money is under consideration for a new bond issue and how are the proceeds to be used? Answer: Based on the CDM Rate Study, the original staff proposal in April 2000 projected a need for a bond issue of $13,160,700 This requires an average annual debt service (payment of principal and interest) of $885,000. This assumes a 30-year bond issue at an average interest rate of 5.3%. An alternate proposal prepared by staff calls for reducing the proposed Stormwater RE from $6.00 to $5.00 and reducing the bond issue amount to $10,463,000 with an average annual debt service (payment of principal and interest) of $704,000. This option also assumes a 30-year bond issue at an average interest rate of 5.3%. The projected sources and uses are summarized on the "Stormwater RE Calculator" sheet attached as the yellow sheet to this report. This analysis shows where the "break-even" point would be with the assumed use of unobligated cash and two different bond amount scenarios. If a new bond issue is issued, what is the proposed amortization period and the estimated annual interest rate? Answer: 30 year bond issue at an average interest rate of 5.3%. What is the Commission's position on using some of the existing utility fund monies so that additional interest expenses can be avoided and the proposed stormwater rate increase rolled back? Answer: As noted above, the original staff proposal has already called for a substantial use of unobligated cash from the City's Water and Sewer funds to meet the construction costs. The original staff proposal of April 2000 and the revised staff proposal called for the use of the following: Cash Used Original Proposal Cash Used Revised Proposal Stormwater Construction Wastewater Construction Water Construction $ 8,050,300 $ 3,000,000 $16,393,000 $10,748,000 $ 3,000,000 $16,392,000 Totals $27,443,300 $29,871,000 What other options are available to underwrite the cost of the proposed stormwater projects? Answer: Pdtemative funds may include allocation of Community Development Block Grant Funds (CDBG), County Funds and state or federal appropriations. As an entitlement community, Boynton Beach receives $550,000 in CDBG funds each year. Funds may be used for Stormwater construction projects provided that the area in which funds are used benefit low and moderate-income residents. However, allocation of funds for this purpose will take away other funding programs for low and moderate-income residents, programming for non-profit 6 organizations and other community re-development efforts. County funds may be available on a year to year basis but there is no specific timeline or guarantee of funds. The same situation exists for state and federal funding. >'Has the City prepared a sources and applications of funds so that the financial implications of future projects and funding sources can be more fully understood? Answer: This material has been provided as a response to these questions as noted above and in the attached worksheets. KB: 6/4/00, 6/5/00 7 CAPZI'AL IMPROVEMENTS FUNDED AND UNDERWAY .~cTOR/dM/A TEl? CAP, ri'AL h'¥PROVEME,~tTPROGRAM ~996 Revenue Bonds · · · · Phase I downtown improvements SW. 4th Ave. to BB Blvd., 1-95 to Seacrest Intercoastal Outfalls - oil/grit separator Swale development French drain construction Industrial Ave./Lake Boynton Estates Dr. June 6,2000 BACK TO TABL,~ 4-9 $7,377,500.00 240,000.00 400,000.00 180,000.00 320,000.00 580,000.00 $9,097,500.00 WA TER CAPITAL IMPROVEMENTPROGRAM 1996 Revenue Bonds ~HE_¢ BACK TO TABLE 4-IO Additional office space WM's to phase output wells Additional ASR @ 3MG Tank $ 932,949.00 125,000.00 600,000.00 $1,657,949.00 WASTEWA TEl? CAPITAL ~'MPROVEMENTPROGRAM 1996 Revenue Bonds ~TIE$ BACK TO TABLE 4-I3 Master lift station rehabilitation Convert dry pit lift stations $ 938,000.00 418,000.00 $1,356,000.00 June 6, 2000 PROPOSED STORMW~ TER CAPITAL IMPROVEMENT PROGRAM (2000 Revenue Bonds = $I3~ I60, 700) (Reserve & Other Sources = $7.900,300) ~TIES BACK TO TABLE 4-9 · Swale Redevelopment - City wide Industrial. Avenue/Lake Boynton Estates Costa Bella Downtown Storm Phase II & III Equipment in support of increased maintenance $12,813,000.00 3,000,000.00 600,000.00 4,333,000.00 315,000.00 $21,061,000.00 WA TER CAPITAL ZMPRO~EMENTPROGRAM INTERNAL FINANCING · · 4mgd WWTP uprating Phase III Building expansion ASR well Nickles Blvd. EWTP site improvements Phase II Combined treatment study 2" WM replacement 12" WM Sancastle/Outlook ~TIES BA~ TO TABLE q-lO 9,961,000.00 3,255,000.00 381,000.00 129,000.00 618,000.00 79,000.00 2,091,000.00 134,000.00 $16,648.000.00 WASTEWATER CAPIEAL IMPROVE~ PIENTPROGRAPl II~rI-ERNAL FZ~-~NCZ. NG SCRWTDB Biosolids Chlorine 'study ~TIES BACK TO TABLE 4-I3 $ 2,250,000.00 750,000.00 $ 3,000,000.00 June 6,2000 Dear Mayor and City Commissioners: I have been sitting through the various meetings and workshops on this stormwater issue and am compelled to share with you some of the background and rationale that we, as a former City Commission considered when we developed the stormwater program. When we take stock of the assets of the City, one of the things we can be proud of is the water and wastewater utility system. We have excellent water quality, good employees, and Iow, competitive rates. When we looked at the long term stormwater needs, and the long term water and sewer needs, along with the accumulated funds, it made sense to us to combine these systems into one utility and to be able to look at the whole picture, to help the City on a number of fronts and not examine each component on a stand alone basis. This was a policy decision that we formally implemented through the revision of the bond covenants and the adoption of Resolution Number R96-121 (copy attached ). Which, unless this Commission formally votes to revise this policy, I believe would still stand as the controlling policy under which the rates need to be reviewed. I would strongly suggest that the City Attorney be asked for an opinion, if the City Commission can consider these components individually, prior to actually rescinding the earlier Resolution. I have examined the CDM Stormwater, Water and Wastewater Rate Study in depth. This study was broken into two components - a review of the operating budgets and a review of the capital projects. Regarding the operating budget of all three subsets of the utility, Table 5-10 in that report shows a projection of the revenues and expenses of the combined system to the year 2004. These tables include expense increases for additional stormwater crews, swale maintenance, inflation, etc. The revenues are based on the present rates with no rate adjustments in water, sewer or stormwater. This table shows that at the end of fiscal year 2004 there will be a surplus of 2.5 million dollars in the combined utility, if no rate increases at all are adopted. In other words, if all of the rates are kept at the same level as they are today, there will be an operating budget surplus of over 2.5 million dollars for the combined Utility. (Table 5-10 attached) Then, the report details the capital projects needed by the City to see if a rate increase is justified. This report shows that there is a total of $33,302,589 needed by the City for water and wastewater projects over the next 5 years to FY2004 (see Table A attached). The consultant, also details for the City, about $34,991,935 in funds available to pay for these projects (see Table B attached). However, what this report does not mention is that the Utility has additional funds of approximately $38,022,808 which can be spent on these types of projects (see Table C attached) These numbers do not include any restricted reserves. The stormwater projects that are detailed in this report total $29,578,500. Totaling all the available funds in utilities, there are sufficient funds available to pay for all of the water, wastewater, and stormwater projects needed by the City until year 2004. In addition, the City will have a project surplus of $8,444,309 from these capital funds along with the operating budget surplus of $2,587,191 for a total surplus of approximately $11,031,500 at the end of 2004. This is keeping all rates and charges at the current level (see Table D attached). If the City Commission is comfortable with an 11 million dollar surplus, no rate increase is needed, and no new bonds are needed. If the City Commission feels that $11 million dollars is not enough surplus for the 23 million dollar Utility budget, a $1.00 increase in the stormwater rate will generate approximately 2.5 million over the next 5 years, for a total surplus of $13,881,500. Since the tax rate is so high for Boynton, we wanted to maximize Boynton's positive assets, which includes having our water, wastewater, and stormwater rates remain one of the lowest in the County which is good for all of our existing residents and businesses and can be marketed as a positive incentive to attract new residents and businesses. This policy was adopted with the understanding that there were sufficient funds to construct all the needed projects, and leave a surplus. This is why the previous City Commission was unanimous in its decision to consider the Utility as one entity. I also feel I must respond to some of the points in the Mayor's letter to the Chamber of Commerce on this issue. One of the points was that the City needs additional funds in the event of a hurricane. The City has 4.7 million dollars set aside for emergencies, all of the City facilities are insured, and the Federal Government has a program through FEMA to reimburse local governments 80% of its costs in an emergency. For example, Boynton Beach, as well as the County, has submitted for reimbursement from FEMA for their costs for Hurricane Irene and Floyd. In summary, I feel the previous City Commission left the City in good shape financially in the event of a hurricane. The other issue stated in the letter and various newspaper articles is that the City had no funds in the past for stormwater projects, In the 1996 Bond issue, there was specifically 2.1 million dollars set aside for stormwater projects, including Industrial Avenue, which was never spent over the past 4 years. Attached is the sheet from the project listing for that Bond issue which details the projects approved, authorized and funded by the previous City Commission. Why nothing was constructed with these funds, I do not know. For the Commission and the public, I wanted to correct that misperception that we had done nothing to address any stormwater needs. The issue before the Commission tonight is to consider if you want to continue the past policy of combining the Utility, and if so, what level of reserve funds are you comfortable with for that Utility system. Regardless of that decision, there are funds available that can be spent on the most pressing flooding problems to give these homeowners immediate relief, and not wait any longer on moving forward with those projects. Thank you for this opportunity to share some of my thoughts with you on this complex issue. RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING THAT THE CITY'S STORMWATER RUNOFF COLLECTION, TRANSMISSION, TREATMENT AND DISPOSAL SYSTEM SHALL BE INCLUDED WITHIN THE "UTILITY SYSTEM" AS DESCRIBED IN THE CITY'S UTILITY SYSTEM REVENUE BOND RESOLUTION (RESOLUTION NO. R92-96, AS AMENDED); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utility System Revenue Bond Resolution (R92-96, adopted June 16, 1992) defines "Utility System" as the existing water and sewer system together with "any improvements, including any improvements consisting of a stormwater runoff collection, transmission, treatment and disposal system as shall be designated by the Commission as being included in the Utility System..."; and WHEREAS, the City's stormwater utility should be consolidated with the existing water and wastewater utility, and the three will operate as a single economic entity under the terms of said Bond Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Effective October 1, 1996, the City's stormwater runoff collection, transmission, treatment and disposal system shall be included within the "Utility System", as defined in Resolution No. R92-96, adopted by the City Commission on June 16, 1992 (the "Utility System Bond Resolution"), all as authorized and contemplated by the Utility System Bond Resolution. Section 2. That this Resolution shall become effective October 1, 1996. PASSED AND ADOPTED this _. day of August, 1996. CITY OF BOYNTON BEACH, FLORIDA /MaYor ~.. - .//' ,..-' ' /?.,,//~ ,,ir- ~.~ ,' vice, ayo / // ~ Commissioner Commissioner DRAFT TABLE 5-10 CITY OF BOYNTON BEACH, FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF COMBINED SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVAILING RATES (1) Fiscal Year Actual Budgeted Proiected 1999 2000 2001 2002 2003 2004 Revenues: Total Charges for Se~ices Interest E~rnings Miscell~neous Revenues Operatin9 Transfers ir, from Sanitation Tctai Revenues Total Current (Operating) Expenses Net Revenues Annual Principal & Interest: Existing Additional Total Annual Principal & Interest Debt Service Coveraee on All Debt: '-De'Cf .~r,~,cg 6¢. ¢ ,¢,t~"n~t~ '"O ¢~o~ Net Revenues Artec Debt Service Transfers to Ren. Rep{. & Improvement Fund Minor Capital Outlays Net Revenues Available for Other Purposes Cumulative Surplus/(Deficit) $21,482,980 $22,131.5~1 522,581,O30 £23,039.000 S23,506,000 S23.983,000 1,639,183 960,000 1,94~,0~3 1,?C~.000 1,874,000 1.758,000 120,836 12,900 12,CC~ 12.000 i2,000 12,000 67,406 67,406 65.000 6~.&30 68,000 68.000 $23,310,405 523,171,847 524,610.000 525,024..0C~ $25,460,003 525,821,000 $16.288,991 $17,459,394 518,118,000 $18,907.440 $19,679,363 $20,478,814 $7,021,414 $5,712,453 $6,492,000 $6,116,560 $5,780,637 $5,342,186 $2,614,161 $2,614,161 $3,829,161 $3,823,271 $3,828,816 $4,074,97~ 0 360,000"'~ 845,14.3~ 839,863`/ 829,427 ~ 734,103~'/' $2,614,161 $2,974,161 $4,674,304 $4,663,134 $4,658,243 $4,809,079 2.69 1.92 1.39 1.31 1.24 1.11 $4,407,253 $3,098,292 $2,662,839 $2,293,289 $1,951,821 $1,267,210 1,182,500 1,356,433 1,349,252 1,432,200 1,456,800 1,482,660 782,484 751,184 789,000 813,000 837,000 861,000 $2,442,269 $990,675 $524,587 $48.089 ($341,979) ($1,076,~50) $2,442,269 $3,432.944 $3,957,531 S4,005.620 $3,663,641 $2,587,191 (1) Unless otherwise indicated, each line is the sum of respective lines from Tables 5-7, 5-8, and 5-9. (2) EQuais Net Revenues divided by Total Annual Principal & Interest. Rate_Study.xls Section 5 318100;3:44 PM TABLE A Five Year Capital Costs of All Water & Wastewater Projects Total Fiscal Years 1999-2004 Costs Water System Renewal & Replacement Program (Source: Table 4-7, CDM Report) $ 7,165,500 Wastewater System Renewal & Replacement Program (Source: Table 4-8, CDM Report) $ 3,475,140 Water System Capital Improvement Program Capacity Expansion Portion (Source: Table 4-11, CDM Report) $14,197,000 Water System Capital Improvement Program Non-capacity Expansion Portion (Source: Table 4-12, CDM Report) $ 4,108,949 Wastewater Capital Improvement Program (Source: Table 4-13, CDM Report) $ 4.356.000 Grand Total, All Capital Costs, Water & Wastewater Projects $33,302,589 June 5,2000 TABLE B Recommended Funding Sources from CDM Report- Water & Wastewater Capital Projects Costs Water System Renewal & Replacement Projects (Source: Table 4-7, CDM Report) RR & I Account $ 3,600,000 RR & I Transfer from Operations $ 3,823,253 Wastewater System Renewal & Replacement Projects (Source: Table 4-8, CDM Report) RR & I Account $ 463,261 RR & I Transfer from Operations $ 4,436,592 Water System Capital Improvements (Source: Table 4-11, CDM Report) Water Impact Fee Fund $ 8,370,408 1996 Bond Construction Fund $ 1,852,000 Utility General Account $ 5,355,000 1990 Bond Construction Fund $ 1,512,058 Interest Earnings $ 1,220,752 Wastewater System Capital Improvements (Source: Table 4-13, CDM Report) 1992 Bond Construction Fund $ 42,121 1996 Bond Construction Fund $ 1,400,000 Utility General Account $ 2,760,000 Interest Earnings $ 156,490 Grand Total Funding Recommended for Water & Wastewater Capital Projects- CDM Report $34,991,935 June 5,2000 TABLE C COMPARISON OF WATER & WASTEWATER PROJECT COSTS, CDM SOURCES OF FUNDS & ACTUAL AVAILABLE CITY FUNDS CDM Water & Wastewater Recommended Actual Available Project Costs Sources of Funds Funds RR & I Program: Water: $7,165,500 Wastewater: $3,475,140 Capital Improvements Water: $18,305,949 Wastewater: $4,356,000 RR & I Account $ 4,063,261 $ 7,273,625 RR & I Transfer from Operations $ 8,259,845 $ 8,259,845 1996 Bond Constr. Fund $ 3,252,000 $16,456,000 1990 Bond Constr. Fund $1,512,058 $ 2,399,000 1992 Bond Constr. Fund $ 42,121 $ 43,092 Impact Fee Fund $ 8,370,408 $ 7,383,736 Utility General Account $ 8,115,000 $14,510,513 Interest Earnings $1,377,242 $ 3,799,586 WaterANastewater Reserves ~ 0 - $11,200,000 TOTAL: $33,302,589 $34,991,935 $71,325,397 June 5,2000 ~Source: CDM Report - Table 4-7 and Table 4-8 TABLE D Analysis of Funds Available for Storm Water Projects as Projected Surplus Costs Capital Surplus from Water & Wastewater Projects (Table C) ($71,325,397 - $33,302,589) $ 38,022,808 Storm Water Project Cost (Source: Table 4-9, CDM Report) ($29,578,500) Total Surplus (Deficit) Capital $ 8,444,309 Budget Surplus (Table 5-10, CDM Report) $ 2,587,191 Total Surplus at Year-End 2004 with No Change in Rates & No New Bonds $11,031,500 Option A-Surplus if Storm Water Rate Increased from $1 to $2 per ERU (Additional 570K per year = $2,850,000) $13,881,500 Option B-Surplus if Storm Water Rate Increased from $1 to $3 per ERU (Additional 1,140K per year = $5,700,000) $16,731,500 June 5,2000 Memorandum From: Date: Re: Honorable Mayor & Commission Wilfred J. Hawkins, Director of Administrative Services June 6, 2000 City Commission Agenda Item: X- Item A Please find attached a supplement to Agenda Item X - New Business, Item A, regarding "My Emotions" for tonight's City Commission Meeting, June 6, 2000. WJH/cw attachment c: Kurt Bressner, City Manager Dale Sugerman, Assistant City Manager Wayne Segal, Director of Public Affairs Central File / City Clerk CON~D I. BOYLE DAVID C. HAKDIN GEOFFREY $. MOMBACH SCOTT J. REIT DOUGLAS L ROBERTS GARY S. $]2q'GER L~WKENCE B. STEINBEKG X -NE~BUSII~SS ITI~A Mombach, Boyle & Hardin, P.A. ATTORNEYS AT LAW BROWARD FINAN~-,AL CEIqT~E, SUITE 1950 500 EAST BROWARD BOULEVARD FORT LAUDERDAI .R, FLORIDA 333~.3079 TELECOPIBR (~54) 467-2210 BOCA RATON (561) 338-0400 June 6, 2000 VIA FACSIMILE City. of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425 Re: My Emotions, LLC Dear Mr. Bressner: We represent My Emotions, LLC. As I am sure you are aware from your discussions with Tom iSouza, My Emotions is a newly formed company which is establishing a nationwide retail chain of stores. The stores will specialize in a product line to include bath and body items, fragrances, home decor, candles and accessories. The company has selected Boynton Beach for its corporate headquarters and the location of its first store. I am writing to confirm that the company will not at any time sell an3' "adult entertainment", "X- Rated" or pomographic materials. . The company will be a first class retail operation mxd we are presemly negotiating leases for several shopping cemer locations around the country. The company looks forward to the opportunity to grow its corporate headquarters in Boynton Beach and develop an excellent working relationship with the City. 'Thank you. ' ~Comad J. ~ CJB/cd cc: Thomas Souza (via fax) N:\cjb\my c~no~iom~oynmn Bch Ltr.wpd · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY BUILDING APPLICANT'S AGENT: Kimberly A. Dellastatious AIA, PA APPLICANT'S ADDRESS: 8726 Indian River Run DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: ,,,~,4,¢'~' ~. ,~.~,~ TYPE OF RELIEF SOUGHT: NEW SITE PLAN LOCATION OF PROPERTY: 110 Martin Luther King, Jr., BIvd DRAWING(S): SEE EXHIBIT"B" A'I-I-ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7! Other DATED: J:\SHRDATA\Planning\SHARED\WP~PROJECTS~SAMMY BERRY BUILDING\NWSP\Develop. Order. doc EXHIBIT "C" Conditions of Approval Project name: SAMMY BERRY BUILDING File number: NWSP 99-024 Reference: 2nd Review, New Site Plan. File # NWSP 99-024 with a February 1, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS X Comments: NONE UTILITIES Comments: X 1. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your Health Department permit submittal. X 2. Comp Plan policy 3C.3.4 requires the conservation of potable water. City water may not, therefore, be used for irrigation where other sources are readily available X 3. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26- 33(a) of the Code. X 4. This office will not-require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. X 5. A building permit for this project shall not be issued until this office has approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE X Comments: NONE POLICE X Comments: NONE ENGINEERING DIVISION I Page 2 Sammy Berry Building File No.: NWSP 99-024 DEPARTMENTS INCLUDE REJECT Comments: X 6. Show the locations of the building downspouts. X 7. All plans submitted shall be signed and sealed by the appropriate design professional. BUILDING DIVISION Comments: X 8. The location of the handicap accessible entrance door to the building shall be located on the shortest safely accessible route to the accessible parking space. {Section 4.6.2 of the Florida Accessibility Code for Building Construction). X 9. Within the site data found on sheet SP-2 2 of 6, identify the proposed finish floor elevation of the proposed building (lowest floor elevation). Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a) Specify the base flood elevation that has been assigned to the existing flood zone. If there is no base flood elevation, indicate that on the plans. b) The design professional of record for the project shall add the following text to the site data: "The proposed floor elevation is above the highest 100- year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] X 10. At time of permit review, provide detailed drawings and documentation on the plans that will verify that the accessible route that is shown from the accessible parking spaces to the accessible building entrance is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope, slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. X 11. At time of permit review, submit signed and sealed working drawings that are prepared by a design professional X 12. Compliance with the Building Codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. Page 3~ Sammy Berry Building File No.: NWSP 99-024 DEPARTMENTS INCLUDE REJECT X 13. Permits are required to construct the improvements that are shown on the approved site plan. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The checklist identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION X Comments: NONE FORESTER/ENVIRONMENTALIST X Comments: NONE PLANNING AND ZONING Comments: X 14. All plans must be signed and sealed prior to submittal for building permit. X On the architectural plans provide the information: (Ch.7.5, Art. II, Sec. 5) on the awnings, canopies, or covered walkways projecting from a building wall over a required yard setback shall not be more than two and one-half (2 1/2) feet, and having no supports other than provided by the wall or its integral part. (Ch.2, Sec. 4, J.8) X 15. On the architectural plans provide the information: (Ch.7.5, Art. II, Sec. 5) on building's signage: colors, materials, dimension, square footage, etc. (Ch.21, Sec. 2.C) Provide a typical sign detail with dimensions for the three (3) wall signs proposed. X 16. Provide the color code number on the building's fagade on the elevation drawings. X 17. Applicant must submit a traffic statement addressing trip generation that meets Palm Beach County Traffic Standards. X 18. Adoption of the Martin Luther King Jr. Overlay District is required prior to Planning and Zoning approval of the Rectified Plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS X 19. NONE ADDITIONAL CITY COMMISSION COMMENTS [ Page 4 Sammy Berry Building File No.: NWSP 99-024 DEPARTMENTS INCLUDE REJECT 2o. r-e-be-0~erm~n-exr. Afi,,v'~ \\CHLMAIN~HRDATA~PLANNING\SI-IARED\WP~PROJEC T S~AMMY BERRY BUILDINGLNWSP~2ND REVIEW COMMENTS.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oriana Granite APPLICANT'S AGENT: Robert Sullivan C/O Quincy Johnson Architects APPLICANT'S ADDRESS: 949 Clint Moore Road, Boca Raton, Florida 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot-50 Quantum Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~/ ~' City Clerk J:\SHRDATA\Planning\SHARED~WP\PROJECT$~Oriana Granite~Oriana Granite Develop. Order. doc EXHIBIT "C" Conditions of Approval Project name: Oriana Granite File number: NWSP 00-004 Reference: 2nd review plans consist of 12 sheets identified as New Site Plan. File # NWSP 00-004 with a May 9, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. Remove and relocate the one (1) tree which is currently shown in the east X driveway site triangle. 2. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be $1,205.82 based upon a 1.5-inch meter. 3. Comp. plan policy (3C.3.4) requires the conservation of potable water. City X water may not, therefore, be used for irrigation where other sources are readily available. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy 5. LDR Chap. 6, Article IV, Sec. 16 requires that all points on each building be X within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Page 2 Oriana Granite NWSP 00-004 DEPARTMENTS INCLUDE REJECT Comments: 6. Place a "one-way" sign out in the median located adjacent to the southbound X drive aisle on the west side of the building. BUILDING DIVISION Comments: 7. At time of permit review, indicate and label on the building floor plan the X handicap accessible entrance door. 8. At time of permit review, indicate on the building floor plan the finish floor X elevation. 9. At time of permit review, indicate and dimension all property lines on X drawing titled Site Plan. 10. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time o£permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 11. This project must have approval from the Quantum Architectural review X Committee. Submit letter prior to Planning & Development Board meeting 12. Label traffic control markings and signage for the vehicular use areas on the X site plan. (Ch. 4, Sec. 7. B. 2.) 13. The driveway spacing dimension (center line to center line) shown on the X site plan is 144 feet. A minimum of 150 feet is required. In addition, the Quantum Park Master Plan provides for only one (1) driveway opening for this parcel. A variance is required. (Ch. 2, Sec. 7, H. 3.) Page 3 Oriana Granite NWSP 00-004 DEPARTMENTS INCLUDE REJECT 14. Clearly delineate the accent shrubs along the screen wall enclosure for the X dumpster. (Ch. 7.5, Art. II, Sec. 5. J.) 15. Clearly identify the location of the buffer hedge along Park Ridge X Boulevard. It should be located along the interior perimeter of the buffer strip adjacent to the parking stalls. (Ch. 7.5, Art. II, Sec. 5. D. 1.) 16. Provide dimension for the wall sign shown on the elevation drawings sheet X A.2-1. Signage must meet the requirements of the Quantum Master Sign program and Chapter 21, Sec.7, Signs. 17. Building "Total Floor Area" and required parking calculations on Landscape X Plan sheet L-10 do-not match the Site Plan sheet A-1.0. Please revise. 18. Project must receive an Environment Review Permit pursuant to Chapter 2, X Section 11.3. 19. Applicant must receive confirmation from Palm Beach County Traffic X Division regarding standards compliance. The cumulative trip generation for Quantum Park must be addressed in the traffic study. 20. Provide driveway width dimensions at the property line. X 21. The required hedge located along the east property line must be maintained X at a height of six (6) feet one year after planting to provide an adequate buffer for the open portion of the building storage area. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. Requiring the increase in minimum parking space width from 9 feet to 10 X feet. ADDITIONAL CITY COMMISSION CONDITIONS 23. Delete comment number 22 requiring the increase in minimum parking X space width from 9 feet to 10 feet MWR/dim SAPLANNING~SHARED\WP~PROJECTS\ORIAN^ GRANITE~ND REVIEW COMMENTS ORIANA GRANITE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: STOR-ALL TIME EXTENSION (Limited-Access self storage facility) APPLICANT'S AGENT: Lindsey A. Walter, Kilday and Associates, Inc. APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Time Extension LOCATION OF PROPERTY: Southeast corner of Old Boynton Road and Knuth Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~ ~ City Clerk J:~SHRDATA~Planning\SHARED\WP~PROJECTS~Stor AlfiCoUseExt-200(AOevelop. Order CC 6-6-00. doc EXHIBIT "C" Conditions of Approval Project name: STOR-ALL TIME EXTENSION (Limited-access self storage facility) File number: CUTE 00-001 Reference: Application letter dated March 15, 2000 DEPARTMENTS I rNCLUDE I REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILD1NG DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS J:~SHRDATAXPIanning\SHARED\WPXPROJECTS\Stor AIi\CoUseExt-2000\COND OF APPROVALP&D 5-23-00.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Commerce Road Realty APPLICANT'S AGENT: Del Swilley APPLICANT'S ADDRESS: 2559 Webb Avenue, Unit 1, Delray Beach Florida 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: High Ridge Commerce Park DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: C~ty Clerk ~CH~MAIN~SHRDATA~Planning~S~RED~WP~PROJECTS~Commerce Road Rea ~Commerce Road Develop O~er doc EXHIBIT "C" Conditions of Approval Project name: Commerce Road Realty File number: NWSP 00-002 Reference: 2nd review plans consists of 12 sheets identified as New Site Plan. File # NWSP 00-002 with a May 9, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: X 1. Relocate dumpster. Current location does not allow sanitation truck to exit properly. UTILITIES Comments: X 2. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. X 3. Dept. of Health permits will be required for the water system serving this project. (Sec.26-12). X 4. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec.16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your Health Department permit submittal. X 5. Sec. 26,34(E) of the City Code requires that a capacity reservation fee be paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be $790.02 based upon a 1 inch meter. X 6. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. X 7. LDR Chap. 6, Article IV, Sec 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Based upon the hydrant shown, the plan does not appear to meet this criterion. Please demonstrate that the plan meets this condition, by showing all hydrants. Pa~e 2 ' Commerce Road Realty NWSP 00-002 DEPARTMENTS I INCLUDE [ REJECT X 8. The water main to the fire hydrant appears to conflict with dumpster enclosure. Please relocate the enclosure. Note that a 16-inch water main exists in an easement on the south side of the property. X 9. Please show the existing FPL Utility easement on all plan sheets FIRE X Comments: NONE POLICE Comments: X 11. Illumination concerns for both the rear elevation and north wall. No lighting fixtures are shown on the plans. Provide lighting fixtures in these areas. Indicate location, type and intensity of the lighting. ENGINEERING DIVISION X Comments: NONE BUILDING DIVISION Comments: X 12. At time of permit review, indicate on Site plan drawing the length of the handicap landing off each ramp. X 13. At time of permit review, identify the finish floor elevation that the design professional established on the floor plan drawing. X 14. At time of permit review, show entire area of second floor storage. X 15. At time of permit review, submit Unity of Title, including all abandonments. X 16. Compliance with the Building Codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. X 17. Permits are required to construct the improvements that are shown on the approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available on the Building Division. The list identifies the basic documents that the Permit Application Technician checks for when an applicant submits for permit review. Pa~e 3 ' Commerce Road Realty NWSP 00-002 DEPARTMENTS INCLUDE I R J CT PARKS AND RECREATION X Comments: NONE FORESTER/ENVIRONMENTALIST X Comments: NONE PLANNING AND ZONING Comments: X 18. On the site plan, correct surrounding zoning & provide land uses for the adjacent properties in order to determine correct greenbelt and vegetative screening application. X 19. On the site plan, label and dimension all easements and required landscape buffers. Ch. 4, Sec. 7, Par. B. X 20. Project is proposed/designed with uses minimal parking spaces. Future intensification of project by proposing addition of industrial uses will require prior confirmation of parking capacity. X 21. On the landscape plan, locate & label fire hydrants, and any utilities that may conflict with tree locations. X 22. On the landscape plan, locate & label the 25 -foot wide greenbelt easement as well as the 10' utility easement along the south property line. Relocate the five (5) canopy trees out of the utility easement, and leave the hedge along the property line to match with established green belt planting scheme. The master plan requirement is to provide one (1) mahogany tree per 40 linear foot of frontage and a continuous eugenia hedge (maintained at 6 feet) along the outside edge of the buffer. X 23. In the landscape plan plant list, provide for 50% native shrub materials, not including the 288 liriope in the calculations. X 24. Amend the traffic study to include 1,936 square feet of the second story storage space. Prior to fmal approval the study must be re-submitted to the Palm Beach County Traffic Division for confirmation of standards compliance. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X 25. NONE I I Pa~e 4 Commerce Road Realty NWSP 00-002 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 26. ~ Lc ~ ............. /v/~v'~- ~'/ J:\SI-IIlDATA~Planning\SHARED\WP~PROJECTS\Commerce Road Realty\l ST REVIEW COIvlMENTS.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID (Oriana Granite) APPLICANT'S AGENT: Robert Sullivan glO Quincy Johnson Architects APPLICANT'S ADDRESS: 6555 Garden Road Bay 16 Riviera Beach, Florida 33404 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: Quantum Park PID - Lot 50 -A DRAWING (S): N/A X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, whiCh Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:~SHRDATA~PlanningeHARED~WP~PROJECTS~Oriana Granite USAP~Odana Granite US~ Develop Order EXHIBIT "B" Conditions of Approval Project name: Quantum Park PID (Oriana Granite) File number: USAP 00-002 Reference: DEPARTMENTS I INCL~E I REJECT PUBLIC WORKS X Comments: NONE UTILITIES X Comments: NONE FIRE X Comments: NONE POLICE X Comments: NONE ENGINEERING DIVISION X Comments: NONE BUILDING DIVISION X Comments: NONE PARKS AND RECREATION X Comments: NONE FORESTER/ENVIRONMENTALIST X Comments: NONE PLANNING AND ZONING Comments: X 1. Request Environmental Review permit process be completed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X 2. NONE ADDITIONAL CITY COMMISSION CONDITIONS Page 2 Auto Zone File No.: NWSP 98-007 DEPARTMENTS INCLUDE REJECT 3. ,v~ bc~-, · ' ~ ,,'~,,v'~' LG/bw J:\$HRDATA\PLANNING\$HARED\WP\PROJECT$\OIRIANA GRANITE USAP\EXHIBIT. DOO DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DON TRACY (Front Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS: 31 Swallow Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance (Front Setback) LOCATION OF PROPERTY: Lot 8 Subdivision Las Palmas Landing DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other "' ' ~' ' ' CityO~rk~ J:\SHRDATA',Planning\SHARED\WP~PROJECTS\SAMPLE LETTERS~Develop. Order CC 6-6-00. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ..... CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DON TRACY (Front Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS: 31 Swallow Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance (Front Setback) LOCATION OF PROPERTY: 31 Swallow Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~' City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS~SAMPLE LETTERS\Deve]op. Order CC 6-6-00. doc EXHIBIT "E" Conditions of Approval Project name: DON TRACY (Front Setback) File number: ZNCV 00-002 Reference: Application received April 17, 2000 DEPARTMENTS I tNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION COmments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Requested variance shall be for 5 feet, or a 20 foot front setback. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 3. Te be ~ztc.wnLnzc[ /~N~ t~ I:\SFIRDATAkPIanningXSHARED\WPkPROJECTSkDon Tracey Vadance\COND OF APPROVAL-front setback, doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DON TRACY (Rear Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS: 31 Swallow Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance (Rear Setback) LOCATION OF PROPERTY: Lot 8 Subdivision Las Palmas Landing DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the rel!ef sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other J:\SHRDATA~Planning\SHARED\WP\PROJECTS\Don Tracey Vadance~Develop. Order CC 6-6-00 Rear Setback.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE " ~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DON TRACY (Rear Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS: 31 Swallow Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance (Reart Setback) LOCATION OF PROPERTY: 31 Swallow Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~ J:~SHRDATAU:~Ianning\SHARED~WP'~PROJECTS~Don Tracey Variance~Develop. Order CC 6-6-00 Rear Setback.doc City Clerk EXHIBIT "E" Conditions of Approval Project name: DON TRACY (Rear Setback) File number: ZNCV 00-003 Reference: Application submitted April 17, 00 DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDiNG DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS J:\SHRDATA~Planning\SHARED\WPXPROJECTS~Don Traeey Variance\COND OF APPROVAL-REAR setback, doc BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~-~ V'~Y~LA ,~f~-.,~ "~[l'A}ll~ Address Telephone 4/ ~' ']~='~!- [~__~_~ Summary of Matter to be Addressed made, which record includes the testimony and evidence up.on which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, proEram, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the pro§ram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City ~cierk prior to the start of the City Commission Meeting. Name ~, ~'~ ~ ~/ Address ~-(~ Telephone ~ ~ ~ / C.O. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name !~C~_~ C~'~ .~ Address ~-~ ~tA.~ ~'~ ~,..~ Telephone Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, prdgram, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-5013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone # 233 ~ 9790 Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate attxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Me~.~ Name _ .. Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CAI~ FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City NameC°mmissi°n Mee~ Address Telephone # ,~~f C/~/~ / Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Name Address Telephone # Summary of Matter to be Addressed ~/Lc~ ax,~ If a person decides to appeal any decision made by the City Commission with respect to any ~atter cons~ered at this meetinE, he/she wffi need a record of the proceedings and, for such p~pose, he/she may need to ensue that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105] The Ci~ shah furnish appropriate a~ia~ aids and se~ces where necessa~ to afford an indi~d~l with a disability an equal opportunity to participate in and enjoy the benefits of a se~ice, pro,ram, or acti~ty conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the pro,ram or activity in order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone # 7 "~ q ~ ~ ~( // ...... ' Summary of Matter to be addressed I'" ~.) heishe If a person decides to appear any decision made by the Ci~ Commission with respect to any matter considered at this ~ee~ing, The City shah furnish appropriate a~ia~ aids and se~ces where necessa~ to afford an indi~d~l wi~ a dis~b~an equal opportunity to participate in and enjoy the benefits of a se~ice, program, or acti~ty conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least ~enty-four hours prior to the program or activity in order for the city to reasonably accommodate yo~ request. Commission Meeting. Name ~~-~ BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGE! IDA ITEMS Fill in the information called for below and gi~ e to the City Clerk prior to the stl Commission Meeting~~ ~ Name ~/~ Address ~ Telephone ~ ~ ~ ~~/ i ~ Agenda ~ ~-- Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD Fill in the information called for below and §ive to the City Clerk prior to the start of the City Commission Meeting~ Name Address Telephone # Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ~ / Name .~__/~_~ L~_~V~t~ ~ ~, Address {0~.~~O~e~ ~'-~ ['~~~ ~' Telephone ~ ~-- ~~-- ~~ ~~ Agenda ~ ~ Summa~ of Matter to be Addres~ cV~~ ~i~e~ ~~~ ~ If a person decides to aPpeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpos~e, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meetingf Name /?0 ~) ~ Address l ~ [~/ Telephone ~ 9' 7-77 , Summary of Matter to be Addre Agenda # ._~ ,.~ l / If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee~t~ng. Address Telephone# Summary of Matter to be Ad~dressed~/f~ ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin§s is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Address Telephone # Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Summary of Matter to be Addressed If a person decides to Kppeal a~y decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commissio~. ~eting. Name Address Telephone # Summary of~M~tter to be Addres&edt Agenda #' ~ 1 ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record'of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-5013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Name IA A I.~.ff~-~ '~~) ~, ~ ~ ~ Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Commission Meeti~ Name Address Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone # Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address - Telephone # 7 ~ ~ ' 7 / b- ~' Summary of Matter to be Addressel Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Name Address Telephone # Fill in the information called for below and §ire to the City Clerk prior to the start of the City Commission Meeting. Summary of Matter If a person decides to a~a! any decision made by the City Commissi0~wi{~ respect to any matter considered at this meeting, he/she will need a record of the pr~d,i, nE~ and, for such pu.rt~le,.~he~sh~'~r~ay need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and e~dence upon which the appeal is to be based. (F.S, 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty,four hours prior to the proEram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~ Address ~_]- >/ ~, F~ ~ ' ''~' Telephone # ~.. ~o ~// Summary of Matter to be Addresi~l/ Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING' PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the s. ta~it of the City Commission Meeting. . ~ ~ ~a Name ~}jz~ Ft'~E.]0q~t~c/a ~Ilt~~~· Address /g~/ S l..~ c~/~j[~ j ,/~ ~/ Summary of Matter to be Address ~d~ /~/~ P~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 2~6.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name f/}i-~'e ~L--'~ 4 e.p~c~_ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedinEs is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 2~6.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ proEram~ or activity conducted by the City. Please contact Joyce Costello~ {561) 742-6013 at least twenty-four hours prior to the proEram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and/live to the City Clerk prior to the start of the City Commission Meeting. Address Telephone $ Agenda Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Name ~ Telephone # /,.~ ~ -- -- { , Agenda ~ Summary of Matter to be Addressed ~ i~ ~ ~0 ~~ ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address ~ t ~ ~1 . ~ ~)~-~- Telephone # ~ ~._ ~'-o/0'0 Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate aux/liary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and t~ive to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ./ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a Se~rice~ pro§rams or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. 000000 &