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Minutes 02-03-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, FEBRUARY 3,2009 Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Commissioner Woodrow Hay. Commissioner Ross led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Hay moved to approve the agenda as presented. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross shared the Recreation and Parks Department had been featured in the Florida Recreation and Parks Association Journal, showcasing the Sims Center and Intracoastal Park Clubhouse. Commissioner Hay announced on Wednesday, February 11, 2009 there would be a special meeting at the Carolyn Sims Center, 225 NW 12th Avenue, at 6 p.m. for the public to meet with the Heart of Boynton developer to discuss the Master Development Plan. He invited and urged everyone to attend. Mayor Taylor indicated it was an attempt to discuss all the issues regarding the Heart of Boynton Beach and requested anyone interested to be present. 1 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 There was discussion regarding the status of the regular monthly meeting of the Community Redevelopment Agency and it was determined the meeting had not been cancelled. Mayor Taylor advised he had attended a joint meeting with the League of Cities, School Board and the County Commission to discover possible partnerships in Palm Beach County and help children and schools. Many ideas were discussed and another meeting would be scheduled to establish a path to accomplish the goals discussed. Mayor Taylor would continue to report on the progress of the endeavor. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentations a. Tribute to Bethesda Memorial Hospital. Mayor Taylor read the Tribute to Bethesda Memorial Hospital celebrating its 50th Anniversary on February 9, 2009 and presented it to Robert Hill, President and CEO. Mayor Taylor added the Commission and the citizens of the City of Boynton Beach are proud of the hospital and the many services provided. Mr. Hill remarked the Board of Trustees, physicians and all employees appreciate the Tribute and dedicate their lives to a very vital community service and were proud to be located in the City of Boynton Beach. The hospital was looking forward to continued growth including the 80- bed satellite hospital to serve the healthcare needs of the western communities. Mr. Hill thanked the Commission for the recognition. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 2 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Janet Morgano, 1034 SW 23rd Avenue, expressed her frustration with having not gotten a resolution or information relating to vehicle damage sustained from a construction speed bump across her drive way. Mr. Bressner advised the Risk Manager contacted the contractor's insurance company on her behalf. Ms. Morgano acknowledged City staff had followed up on the issue. Pete Mazzella, Deputy Director of Utilities, reported the prime contractor had been charged with resolving the issue by the end of the week. Ms. Morgano thanked the staff for their assistance. Mark Karageorge, 240A Main Boulevard, commended Vice Mayor Rodriguez and Stacey Robinson for their efforts and the success of the Youth Violence Prevention Project. The feedback he received on the various programs was very positive. Vice Mayor Rodriguez congratulated Stacey Robinson for her hard work and indicated she was critical to the success of the program. Herb Suss, 1711 Woodfern Drive, thanked Commissioner Ross for getting him involved with Galaxy Elementary School. It was a very worthwhile experience. Mr. Suss, as Chair of the Golf Advisory Committee expounded the many volunteer efforts of Dan Hager, Operations Manager of The Links, and presented him with a golf ball. John McGovern, 2620 Spiceberry Lane, suggested some of the computers be donated to children in dependency, presently in foster care, to assist with their education process. Several organizations in the area support foster children with computers and he asked that consideration be given to donating some computers to the worthwhile cause. Lori LaVerriere, Assistant City Manager, gave an update that contact had been made with the school district and an exchange of information and specifications was ongoing. There would be a full report at the February 17, 2009, Commission meeting. Commissioner Hay advised he would be agreeable to compromising with Mr. McGovern's program on the disposition of the computers. Vice Mayor Rodriguez developed the fact that programs through the school district also address those children in need. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date IV Ross III Rodriguez I Weiland III Rodriguez I Weiland Mayor Taylor Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Alt Alt 3 yr term to 12/11 1 yr term to 12/09 Tabled (3) 1 yr term to 12/09 Cemetery Board Alt 1 yr term to 12/09 Tabled (2) Code Compliance Board Code Compliance Board Reg Alt 3 yr term to 12/10 Tabled (2) 1 yr term to 12/09 Tabled (2) 3 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 IV Ross Code Compliance Board Alt 1 yr term to 12/09 Tabled (3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2) Motion Commissioner Ross appointed Jose de la Tour III as an alternate member of the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Weiland Recreation & Parks Board Alt 1 yr term to 12/09 II Hay Senior Advisory Bd Alt 1 yr term to 12/09 III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/09 Motion Commissioner Hay moved to table all other appointments. Commissioner Ross seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - January 20, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Reject the fourteen (14) highest bids received and award Bid #018-2821- 09jJA, "ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT", to GlobeTec Construction, LLC (GlobeTec) and execute a contract by resolution in the amount of $3,489,346.60 plus an owner's contingency of 10% in the amount of $348,934.66 for a total project budget appropriation of $3,838,281.26. (Proposed Resolution No. R09-019) Mayor Taylor pulled Item VI.B.1 for discussion. 2. Award RFQ #020-2210-09jJA for "THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY THE FIRE RESCUE EMTS, PARAMEDICS & 4 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 LIFEGUARDS" to Dr. Kenneth Scheppke, M.D. of Tequesta, FL in the amount of $26,568 annually, which includes the allowance of $70 phone stipend. (Proposed Resolution No. R09-020) Vice Mayor Rodriguez pulled Item VI.B.2 for discussion. 3. Approve the piggyback of Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL. to rehabilitate the City's wastewater gravity main lines for a project cost of $741,784.18 with a 10% contingency of $74,178.42 for a total project cost of $815,962.60. 4. Approve the piggyback of Palm Beach County contract #08-051/MM Playground/Park Equipment and Parts Term Contract with REP Services, Inc. of Longwood, FL for playground equipment for Oceanfront, Boat Club and Palmetto Green Parks in the amount of $122,504.82. 5. Approve the piggyback of the City of Delray Beach contract Bid #2002-37 with Chaz Equipment of Wellington, FL. to rehabilitate the City's wastewater gravity manholes for a project cost of $1,154,282 with a 5% contingency of $57,714.10 for a total project cost of $1,211,996.10. C. Resolutions 1. Proposed Resolution No. R09-021 RE: Approving and authorizing execution of an Interlocal Agreement (ILA) between Palm Beach County and the City to continue the lease and to operate four (4) transit coaches for an additional four (4) year period that will expire on January 1, 2013. 2. Proposed Resolution No. R09-022 RE: Approving the reclassification of one (1) position in the Finance Department from Assistant to the Director of Financial Services, pay grade 32, to Budget Manager, pay grade 34. Commissioner Weiland pulled Item VI.C.2 for discussion 3. Proposed Resolution No. R09-023 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Boy Scouts of America, Gulfstream Chapter, authorizing the City to enter into an agreement to sub-grant funding in the amount of $15,000 to Boy Scouts of America, Gulfstream Chapter, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. 5 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Commissioner Ross pulled Item VI.C.3 for discussion. 4. Proposed Resolution No. R09-024 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and RM Lee, Community Development Center, authorizing the City to enter into an agreement to sub-grant funding in the amount of $22,000 to RM Lee, Community Development Center, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. 5. Proposed Resolution No. R09-025 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Boynton Fishing Academy, Hooked on Fishing Not on Drugs, authorizing the City to enter into an agreement to sub-grant funding in the amount of $8,000 to Boynton Fishing Academy, Hooked on Fishing Not on Drugs, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. Mayor Taylor pulled Item VI.C.5 for discussion. 6. Proposed Resolution No. R09-026 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Unlimited Dance and Art, authorizing the City to enter into an agreement to sub-grant funding in the amount of $26,000 to Unlimited Dance and Art, as a partner in the continued planning and implementation of the Youth Violence Prevention program (YVPP) in the target area in the City of Boynton Beach. 7. Proposed Resolution No. R09-027 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Kids Korner TV, authorizing the City to enter into an agreement to sub-grant funding in the amount of $26,000 to Kids Korner TV, as a partner in the continued planning and implementation of the Youth Violence Prevention program (YVPP) in the target area in the City of Boynton Beach. 8. Proposed Resolution No. R09-028 RE: Approving and authorizing execution of an Interlocal Agreement and a Temporary Construction Easement between the City of Boynton Beach and the South Central Regional Wastewater Treatment and Disposal Board in support of the City's construction of the new regional force main. 9. Proposed Resolution No. R09-029 RE: Approving and designating participation in the Elected Officers Class of the Florida Retirement System for elected officers of the City of Boynton Beach. 6 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 D. Approve further reduction of a performance bond for the Gateway Boulevard widening to six lanes divided, from Renaissance Boulevard eastward to High Ridge Road by 95%. E. Re-authorize the use of $700 from Commissioner Ross's Community Investment Funds to assist students at Galaxy Elementary School with FCAT testing. Motion Vice Mayor Rodriguez moved to approve the Consent Agenda with the exception of the items removed. Commissioner Ross seconded the motion. The motion passed unanimously. VI. B. 2 Reject the fourteen (14) highest bids received and award Bid #018-2821-09jJA, "ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT", to GlobeTec Construction, LLC (GlobeTec) and execute a contract by resolution in the amount of $3,489,346.60 plus an owner's contingency of 10% in the amount of $348,934.66 for a total project budget appropriation of $3,838,281.26. (Proposed Resolution No. R09-019) Mayor Taylor explained a protest had been filed. The options were to table the matter as staff had requested or hear from the representative that filed the protest, who was present. It was agreed the parties of the protest could be heard. Gary Goldman, Attorney, 17071 W. Dixie Highway, North Miami Beach, represented the low bidder, Master Excavators. A bid protest had been filed with the Procurement Department. His client was the low bidder on the base bid by over $80,000 and the contingency made it over $90,000. The protest was based on the Master Excavators not meeting the project experience qualifications although the qualifications do not include any specific experience requirements. Master Excavators has 25 years of continuous experience in site utilities development. The owner/operator, Mr. Feely, a licensed qualifier, was also present. He had completed numerous jobs of a similar size and scope with five times the experience of the second lowest bidder. Master Excavators is Florida Transportation Department approved. Mr. Goldman pointed out there were no specific experience requirements set out in the bid documents. Mr. Goldman further contended any requirement that restricted experience to Palm Beach County would not be enforceable under the law. The request was made to table the item for further staff review and proceed with the bid protest. Mayor Taylor inquired about the consultant's indication the bid was less complete. Mr. Goldman did not understand the comment and noted a pre-award meeting was only held with GlobeTec to review their bid. Master Excavators, as low bidder, should have also been consulted or included in the pre-award meeting. 7 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Attorney Cherof emphasized the Commission was not part of the bid award protest until the bid is brought before them as a recommendation. It indicates the proper process had been followed to insulate the Commission from the process until the meeting. Mr. Mazzella advised there were two primary reasons for not selecting Master Excavators. Incompleteness was an issue dealing with bonding capabilities and current project load not included in the bid response. Experience factor related to the soil and water table conditions relative to Palm Beach County that were important. Control of traffic flow was another issue. Master Excavators did not meet the minimum requirements. Dave Mathews, Mathews Consulting, explained the bidders were qualified based on the criteria outlined in the instructions to bidders. Master Excavators had not provided four out of 10 items and the bid was classified as incomplete. The references provided were satisfactory but not for similar type residential projects. Mr. Mathews stressed the project would be ongoing for two years and that factors into the recommendation as well as the dollars. It was Mr. Mazzella's suggestion that the bid move forward. Attorney Cherof advised the bid could be awarded and would have no effect on the processing of the bid protest. The bid could return to the Commission in the form of an appeal. Vice Mayor Rodriguez confirmed tabling the matter would delay the project. It would not be a critical delay. Commissioner Ross wanted to wait. Commissioner Weiland thought Master Excavators may be expanding the scope of the services they provide and to grow their business. Bernard Feely, owner of Master Excavators, responded they had not been notified of the bid award. His company self performs every aspect of a project including clearing, fill, road construction, install water mains and lines, pumping stations, asphalt, cement work and survey crews. Bids cannot be submitted without the company's bonding authority knowing the contractor's financial position. Mr. Feely indicated the criteria did not contain any restriction to Palm Beach County or similar work. Master Excavators had done many residential projects. It was damaging to his company and his reputation. He did feel the job could be complete in less time than anticipated. He was offended by the process that was utilized. Mr. Goldman added a $90,000 savings was significant enough to warrant further investigation. Commissioner Weiland agreed more time was needed to re-evaluate. Motion Commissioner Hay moved to table Item VI.B.1. Commissioner Weiland seconded the motion. Mayor Taylor inquired if references from other jobs were contacted to determine if the bid amount was the actual cost by completion. Mr. Mathews responded references were verified as satisfactory with no issues. The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 VI.B.2. Award RFQ #020-221O-09jJA for "THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY THE FIRE RESCUE EMTS, PARAMEDICS & LIFEGUARDS" to Dr. Kenneth Scheppke, M.D. of Tequesta, FL in the amount of $26,568 annually, which includes the allowance of $70 phone stipend. (Proposed Resolution No. R09- 020) Vice Mayor Rodriguez questioned how supervision could be done from Tequesta. Ray Carter, Deputy Fire Chief, responded Dr. Scheppke is the current medical director and supervises the EMTs through his medical license as required by the State of Florida. He is an emergency room physician at JFK Hospital, makes frequent visits to the fire stations and tests all paramedics. Vice Mayor Rodriguez confirmed it was more procedural. Motion Vice Mayor Rodriguez moved to approve Item VI.B.2. Commissioner Ross seconded the motion. The motion passed unanimously. VI.c. 2 Proposed Resolution No. R09-022 RE: Approving the reclassification of one (1) position in the Finance Department from Assistant to the Director of Financial Services, pay grade 32, to Budget Manager, pay grade 34. Commissioner Weiland inquired about the status of the Finance Department before the recent new hires. There was a Director and Assistant Director according to Barry Atwood, Director of Finance. A new Assistant Director was hired as well as another individual. The current request changes the Assistant to the Director to a Budget Manager position. Commissioner Weiland questioned the need for a Budget Manager when a Deputy Director and Finance Director are already in place. He also expressed his concern with the cost to be included in next year's budget and the assertion there is no fiscal impact for the current budget. Mr. Atwood pointed out the money was available due to the vacancies in positions. Commissioner Weiland disagreed with the concept if the money is available, spend it and could not approve the expenditure. Mr. Bressner noted Mr. Atwood had reassigned responsibilities within his department for greater efficiencies. Mr. Bressner approved the realignment to improve the services within the department and provide strength in the area of budgeting. A subordinate staff position was not being created. Mr. Atwood explained the Deputy Director had previously been the lead in the budget process. The accountant position had been vacant and was filled with the Deputy Director position. Monitoring of the revenue budget and producing reports needed to be done regularly. Mayor Taylor indicated the money was approved in the budget and Mr. Atwood was working within his department budget. Commissioner Weiland contended because the money is in the 9 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 budget does not mean it had to be spent. He hoped the next budget would be scrutinized more closely. Mayor Taylor asserted the budget had been approved, the department was working within the approved budget and the Commission should set policy and approve budgets, not manage individual departments. Vice Mayor Rodriguez clarified the budget would not increase. Commissioner Hay agreed with Mayor Taylor. He did request copies of the span of control for all departments. Motion Commissioner Hay moved to approve Item VI.C.2. Commissioner Ross seconded the motion. The motion passed 4-1. (Commissioner Weiland dissenting.) VI.C.3. Proposed Resolution No. R09-023 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Boy Scouts of America, Gulfstream Chapter, authorizing the City to enter into an agreement to sub-grant funding in the amount of $15,000 to Boy Scouts of America, Gulfstream Chapter, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. Commissioner Ross requested information on the selection process. Stacey Robinson, Youth Empowerment Center, thanked the Commission for their interest. She explained the budget process for the service providers was intense. A yearly request for funding had to be made and was reviewed by staff and the Executive Board. The Teen Council then reviewed the applications and selects those to be interviewed by the Council. Staff and the Executive Board grade the service providers based on the criteria within the request for funding. With all the information, the Executive Board then chooses who will operate in the Center. There are currently six providers in the center. The Girl Scouts come under the Unlimited Dance Program through the Sister-to-Sister Program Vice Mayor Rodriguez added the accountability is very stringent. Ms. Robinson reported outcome measures are examined on a child-by-child basis with adjustments on an ongoing basis. Motion Commissioner Ross moved to approve Item VI.C.3. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C.5. Proposed Resolution No. R09-025 RE: Approving and authorizing execution of a service agreement between the City of Boynton Beach and Boynton Fishing Academy, Hooked on Fishing Not on Drugs, authorizing the City to enter into an agreement to sub-grant funding in the amount of $8,000 to 10 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Boynton Fishing Academy, Hooked on Fishing Not on Drugs, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. Mayor Taylor inquired if previous issues with the lack of participants had been resolved. Ms. Robinson advised there was an initial problem attracting kids to the program for various reasons. However, personnel changes provided heightened interest in the program and it is now full with more trips being offered. Motion Vice Mayor Rodriguez moved to approve Item VI.C.5. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Rodriguez congratulated Ms. Robinson for doing a fabulous job and thanked her for all her good work. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Staff report on legal review for vacating NE 12th Avenue right-of-way (Request to table to February 17, 2009) Motion Commissioner Hay moved to table Item IX.A. to February 17, 2009. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. B. Review and approve FY2010 Federal Appropriations submittals Carisse LeJeune, Assistant to the City Manager, indicated Senator Martinez and Congressmen Klein, Wexler and Hastings asked that appropriation requests be sent to them. The funding can come from an agency or special appropriation. Thirteen projects had been submitted to the U.S. Congress of Mayors for consideration for funding under the Mainstream Economic 11 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Recovery Stimulus Package. Direction was sought on the priority of the projects to be sent for funding. There was discussion on the various projects and their current status. Mr. Bressner recommended the police facility would be the broadest base to provide service to the citizens. The likelihood of funding for the project would be slim. Mixed signals were being received from the Congressional delegation. There was consensus to submit the Seacrest and MLK Boulevard Reconstruction and the Boynton Beach Harbor Marina Redesign. X. FUTURE AGENDA ITEMS: A. YVPP Report - Feb. 17, 2009 B. Approve the report on disposition of surplus computers. (Tabled on January 6, 2009) -- Feb. 17, 2009 C. Report on cost sharing options for take-home vehicles (In conjunction with continued budget discussions) - Feb. 17, 2009 D. Follow-up report on possible relocation of City Offices - Feb.17, 2009 E. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) Note: Recommend removal from Future Agenda. No further word from applicant. Mayor Taylor declared there was consensus to remove Item X.E. from the agenda. F. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) G. Review and consideration of approval of Auburn Master Development Agreement. (Proposed Resolution No. R09-o18) Tabled on January 20, 2009 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-011 RE: Approving an abandonment of an unimproved portion of Railroad Avenue approximately 15 feet wide and 45 feet long, located west of the FEC 12 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Railroad right-of-way and approximately 50 feet south of Northeast 12th Avenue. (Habitat for Humanity - ABAN 09-001) Attorney Cherof read proposed Ordinance No. 09-011 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Hay moved to approve Proposed Ordinance No. 09-011. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-012 RE: Amending Land Development Regulations, Chapter 2, "Zoning", to provide for Pet Care (Boarding and Day Care) within certain zoning districts within the City. (Pet Care Boarding &. Daycare - CDRV 09-001) Attorney Cherof read proposed Ordinance No. 09-012 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-012. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 09-013 RE: Amending Land Development Regulations, Chapter 21, Article III, Section 6 "Special Signs", by amending Sub-section F to increase the maximum time period for the display of a temporary banner. Attorney Cherof read proposed Ordinance No. 09-013 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. 13 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-013. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof advised by the terms of the Ordinance it would sunset on February 1, 2010. 3. Proposed Ordinance No. 09-014 RE: Amending Code of Ordinances Section 2-119, Subsection B "Education and Youth Advisory Board" to modify the attendance policy. Attorney Cherof read proposed Ordinance No. 09-014 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-014. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 4. Proposed Ordinance No. 09-015 RE: Amending Chapter 4 of the Boynton Beach Code of Ordinance titled Animals and Fowl, Section 4-1 definitions and Section 4-4 Manner of Keeping and Treating Animals Generally; Abandonment. Attorney Cherof read proposed Ordinance No. 09-015 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-015. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 a. Proposed Resolution No. 09-030 RE: Adopting a Planning and Zoning Development Permit Fee for the construction of animal enclosures in the City of Boynton Beach. Mayor Taylor opened the issue for public comment. No one came forward. Motion Commissioner Ross moved to approve Item XII.B.4.a. Commissioner Hay seconded the motion. The motion passed unanimously. C. Ordinances - 1st Reading 1 Proposed Ordinance No. 09-016 RE: Adopting the Boynton Beach Administrative Amendments to the 2007 Florida Building Code and Amendments thereto. Attorney Cherof read proposed Ordinance No. 09-016 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 09-016. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Review policy direction to City staff for City Hall site from December 16, 2008 meeting Vice Mayor Rodriguez recalled the previous motion referred only to discussions of the Mayor and City Manager being focused on the intention of saving the Old High School. After discussions, it would then come back to the City Commission for any action to be taken by the City Manager. 15 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Mayor Taylor understood the City Manager was to pursue the concept and bring back a proposal. Vice Mayor Rodriguez opined only discussions were to be held and any action by the City Manager should be further authorized by the Commission. Mayor Taylor supported the City Manager continuing discussion and bringing back any proposal for City Hall and the police station. Vice Mayor Rodriguez countered that the police facility should be a separate discussion from the City Hall discussion as far as opportunities. There was more potential for the police station to move forward faster than the City Hall complex. Mayor Taylor wanted the discussions combined. Commissioner Weiland noted there were many unanswered questions. Commissioner Hay suggested discussions continue regarding both City Hall and the police station with no commitment. Mr. Bressner indicated he would continue to work on the project. B. Discussion and possible action item requested by a member of the City Commission regarding provision of Master Development Agreement which requires third party verification. Vice Mayor Rodriguez recalled the entire Commission wanted third party financial verification. It had been over six weeks and a responsible party had not been identified that could perform both functions. He had recommended by email there would be an opportunity to have two separate entities do individual verifications. Being separate financials, Vice Mayor Rodriguez preferred the use of two analyses with no bias from either side. The motion made did not dictate that only one company be used. Mayor Taylor pointed out this was Community Redevelopment Agency Board business and not Commission business. It should not be discussed at this time. Vice Mayor Rodriguez felt it would be discussed because the City is third party to the agreement. Mayor Taylor countered that an agreement had not been presented to the City yet. Vice Mayor Rodriguez disagreed and contended action should be taken to move the idea forward. Mayor Taylor reiterated it would have to be decided by the Community Redevelopment Agency Board. Vice Mayor Rodriguez noted the City Attorney had advised the matter could be decided by the Commission. Commissioner Ross voiced her surprise at seeing the item added to the Commission agenda. Attorney Cherof confirmed the agreement would be a tri-party agreement that would be discussed on February 11, 2009 at a special joint meeting of the Commission and Community Redevelopment Agency Board. The drafted provision relating to a financial review by a third party has not been acted on by the City Commission because it has not been presented to them on an agenda, but is up for discussion. It would be appropriate for the Commission to address the issue at some point. Attorney Cherof surmised the Vice Mayor's point was with more direction on splitting the review to two consultants that it would expedite the review and conclusion of the conditional provision of the draft agreement. 16 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Mayor Taylor understood the Community Redevelopment Agency Board had directed staff to search for an individual that could complete both verifications and, if not, search for two separate consultants. Vice Mayor Rodriguez asserted the direction given staff could be altered if further delay was anticipated. Lisa Bright, Community Redevelopment Agency Director, gave a recap of previous actions. On December 9, 2008 the Community Redevelopment Agency Board had directed staff to engage a third party entity to verify the financials of Auburn Group as well as the Community Redevelopment Agency. A contract was submitted to the Board for approval on January 13, 2009. It was rejected at the request of the developer based upon a conflict of interest the developer had with the vendor, PMG Associates. The Board supported the request. Auburn requested consideration be given to Florida Housing Finance Corporation for their evaluation and the Community Redevelopment Agency select their own. This was contrary to the direction given to staff who continued to pursue a third party entity to verify. On January 20, 2009 at the joint Commission and Community Redevelopment Agency Board meeting, the matter was tabled. There was consensus though to continue the pursuit for one third party consultant. Currently, conversations with Treasure Coast Regional Planning Council have resulted in their willingness, as a State agency, to undertake the verification and have a proposal for scope to be approved at the next Community Redevelopment Agency Board meeting on February 10, 2009. Ms. Bright understood there was consensus from at least three of the Community Redevelopment Agency Board members to have one entity do both verifications. The cost to complete both financials would be approximately $70,000. Vice Mayor Rodriguez inquired about the cost involved to do separate verifications. Ms. Bright replied PMG Associates was charging $14,000 to do both. Cito Beguristain, Vice President of Auburn Group, advised Auburn Group would be willing to negotiate a Master Development Agreement excluding Phase IV and the private parking garage and the height issue. He offered Auburn Group's willingness to work together and come back to the community with the right of first refusal if the City decided in the future to proceed with Phase IV. Mayor Taylor advised the matter should be brought before the Community Redevelopment Agency Board. He also stressed the matter for discussion was the third party verification only. Vice Mayor Rodriguez offered the suggestion that the Executive Director consult PMG Associates on the price for only the Community Redevelopment Agency and another price from the Florida Housing Finance Corporation. Mayor Taylor was not in favor of taking the developer's choice to do the verification. Vice Mayor Rodriguez was willing to use any entity that was available. Ms. Bright noted the Florida Housing Finance Corporation would not be able to provide the service requested in the scope. She offered the Community Redevelopment Agency's auditor could do the work. Vice Mayor Rodriguez indicated he was only attempting to reduce the $70,000 price tag. Mayor Taylor was confident in using PMG Associates. Ms. Bright explained the problem was devising a scope of services that matches the requirements of the verification. There was a convoluted process to follow. Mayor Taylor admonished the issue needed to be presented to the Community Redevelopment Agency Board 17 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 for any change in the directive previously given. Vice Mayor Rodriguez requested consensus that the Executive Director be given a new directive to furnish a list of the available vendors contacted and the cost for separate verifications. Attorney Cherof advised giving the Executive Director any direction would be out of order. Vice Mayor Rodriguez contended the Executive Director asks for consensus through emails. Attorney Cherof cautioned the line would be crossed between acting as the Commission and the Community Redevelopment Agency Board which should not be done. He did feel the Executive Director could consider the comments and discussion without waiting for a vote at the next meeting. It would be her decision. Mr. Beguristain clarified Auburn Group would be willing to remove Phase IV. Attorney Cherof advised the position of Auburn Group had nothing to do with the discussion before the Commission. Mayor Taylor indicated the change could not be discussed at a Commission meeting. Vice Mayor Rodriguez referred to the prior minutes and asked for the status of meetings to be held with the developer and then with the community. Mayor Taylor replied the Community Redevelopment Agency Board had decided there would be a combined meeting. Commissioner Weiland did not recall the decision and the scheduled meeting at the Sims Center was a surprise. Ms. Bright clarified the Board had tabled discussion on January 20, 2009. She understood Mr. Beguristain had appeared and requested to reconvene the meeting that had been scheduled for 5:45 p.m. Ms. Bright had received an email from Chair Taylor suggesting another meeting be scheduled at the end of February. Mr. Beguristain then called Ms. Bright requesting the meeting be earlier in the month. Ms. Bright was attempting to accommodate the developer and had scheduled the February 11, 2009 meeting. Mr. Beguristain concurred with Ms. Bright's version of the events and expressed his hope that the City and the Community Redevelopment Agency were serious about moving forward with the project. Vice Mayor Rodriguez opined neither the Commission nor the Community Redevelopment Agency were comfortable enough with the agreement and the language to entertain comments and input from the community. Commissioner Weiland agreed. Vice Mayor Rodriguez felt the contract should be negotiated first and then submit it to the community. Commissioner Ross countered that the Commission may never be comfortable with the agreement. Mr. Beguristain argued with the elimination of Phase IV, any disagreement or delay was only an excuse. Auburn Group was looking forward to working with the City of Boynton Beach and the Community Redevelopment Agency. He would prefer that the entire City appear at the meeting to understand that moving City Hall and the Police station west may indicate the lack of desire on the part of the City and Community Redevelopment Agency to move the project forward. Commissioner Hay inquired if the elimination of Phase IV would reduce the monies the Community Redevelopment Agency would need to contribute. Mr. Beguristain responded it would significantly reduce the contribution by $13 million. Commissioner Hay pointed out the February 11, 2009 meeting would be the first time Auburn Group would be presenting the project plans to the public. He also commented the discussions support his opinion that the 18 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Community Redevelopment Agency should be an independent board from the Commission. It was Commissioner Hay's preference that one company be hired to do both verifications, but did not object to the proposal of Vice Mayor Rodriguez either. He did not agree with the developer having input on the choice of vendor for the verifications. Many questions remained unanswered. Mayor Taylor pointed out an announcement had been made regarding the meeting on February 11, 2009 at the Sims Center and the comments from the Heart of Boynton residents, the developer and adjoining Homeowner Associations or any citizen should be heard. The contract could then be negotiated based on the input from the public. Commissioner Hay agreed. Ms. Bright read, for the record, the following excerpt from the January 13, 2009 meeting. There was a motion, "Vice Chair Rodriguez offered a motion to move forward in preparing a final document for review and approval and a joint meeting with the CRA, City Commission on January 20, 2009. The final document would be based on all discussion tonight including the issue of moving forward with the third party review. Mr. Weiland seconded the motion. Attorney Cherof noted moving forward with the third party review would not delay the matter but could result in an end to the agreement. The motion passed unanimously." Ms. Bright stressed, based on the motion, the Community Redevelopment Agency staff had worked diligently creating an action meeting. She was under the impression the City Commission was anticipating only a discussion meeting and requested direction to aid in preparing materials for the meeting. Vice Mayor Rodriguez remained unsure of the intent of the scheduled meeting. Commissioner Weiland recalled the developer had requested a faster timeline and to meet with staff, Commission and Community Redevelopment Agency to resolve issues. He did not remember any discussion regarding community involvement and meeting at the Sims Center to bring all parties together. Mr. Beguristain added an agreed upon plan should be submitted to the community for input as long as the project moves forward as quickly as possible. He hoped the meeting on February 11, 2009 would include voting, policy direction and discussion of the Master Development Agreement to conclude the negotiations. Mayor Taylor thought it should be an information gathering format to be utilized in formulating the Master Development Agreement to be presented to the Community Redevelopment Agency Board and the City Commission. Commissioner Ross remembered the term public forum being used. Vice Mayor Rodriguez and Commissioner Weiland questioned their role in a public forum and the meeting. Mayor Taylor replied to listen and Commissioner Hay agreed. Vice Mayor Rodriguez concluded a meeting would not be conducted. Commissioner Hay pointed out the goal was to get all parties at the same level and listen without making any decisions. Mayor Taylor suggested it be considered a special workshop meeting. There would also be a Community Redevelopment Agency Board meeting on Tuesday with the workshop meeting on Wednesday. Commissioner Weiland advised he had not been contacted regarding a special workshop meeting. Commissioner Hay noted attendance was not mandatory . 19 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 (Vice Mayor Rodriguez left the dais at 8:31 p.m. and returned at 8:32 p.m.) Lee Wische, 1302 SW 18th Street, commented his inquiries revealed that the Community Redevelopment Agency did not have enough funding to enter into an agreement based on insufficient financial information or site plan development. A fiduciary and financial responsibility was owed to the citizens. Nancy Chandler, 914 NE ih Street, clarified Auburn had approached Inlet Cove Association (INCA) to schedule a meeting. A meeting was scheduled for February 11, 2009 and the Heart of Boynton residents were being invited to also hear the presentation. She agreed with Mr. Wische that no plans were available and commitments were expected. It was then decided it would be a joint meeting held at the Sims Center. She was hopeful the meeting would clarify any issues and suggested the plans for Phase IV should be revealed even though it has now been withdrawn. Mr. Bressner clarified the February 11, 2009 meeting at the Sims Center would be a Special Community Redevelopment Agency Workshop. Herb Suss, 1711 Woodfern Drive, inquired how any progress could be made without a site plan. He was bothered with the perceived need to rush the project and the conflict between Auburn Group and PMG Associates. Mayor Taylor advised the conflict had already been discussed at a prior meeting. Mr. Suss noted Vice Mayor Rodriguez had run unopposed in the last election and inquired if Vice Mayor Rodriguez had accepted a donation or money from Auburn for his campaign and did he give the money back. Mayor Taylor indicated the inquiry had nothing to do with the discussion before the Commission. Vice Mayor Rodriguez was willing to answer the question. He indicated he had not accepted a penny from the Auburn Group and had no interest in the project except to redevelop the area. He was upset there had never been a final document presented to the Commission and the project had not commenced. Six weeks had passed and a vendor had not yet been selected to gather financial information. Everyone agreed financial information is important whether one vendor or two vendors are utilized. It was Vice Mayor Rodriguez only interest to redevelop the northeast section of the City of Boynton Beach. He apologized if Mr. Suss perceived something different. Mr. Suss indicated he had documentation that refuted Vice Mayor Rodriguez's statement that no funds had been accepted from Auburn Group. Mayor Taylor reiterated the inquiry was not related to the discussion before the Commission. Mr. Suss asserted it had to be discussed because Vice Mayor Rodriguez had accepted money from Auburn for a campaign that he ran unopposed. The disposition of those funds was an issue. Commissioner Weiland interjected it was a point of order and the comments had nothing to do with the discussion. Mr. Suss contended it was perception and stressed the need for an independent Community Redevelopment Agency Board. 20 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 Mayor Taylor asserted he had tried on several occasions to separate the issues and everyone continued to discuss Community Redevelopment Agency Board matters. Mr. Suss was concerned with the rush to proceed and felt another developer should be sought. Mr. Beguristain advised the City and the Community Redevelopment Agency had been provided with site plans, renderings, elevations and other information. They would be shown again for the fourth or fifth time to the community at the February 11, 2009 meeting. Mr. Beguristain declared Auburn Group had contributed to every single campaign. Commissioner Weiland advised no funds had been contributed to his campaign. Mayor Taylor and Vice Mayor Rodriguez indicated they did not remember the contribution. Vice Mayor Rodriguez mentioned if everybody that came before the Commission had contributed to the campaigns, they would be in trouble. Victor Norfus, 261 N. Palm Drive, verified that a final version of the Master Development Agreement had not been prepared. Mayor Taylor confirmed even the Community Redevelopment Agency did not have the final agreement. Mr. Norfus noted it remained unclear the purpose of the upcoming workshop other than addressing the issues. He suggested alternatives should be investigated to get the area redeveloped. The grocery store remains an issue, as well as the time factor. The venue should be opened to the citizens to participate. Mayor Taylor made it clear the meeting would involve the developer presenting his proposal and all the residents would have an opportunity to comment and make their proposals. Changes may be made and eventually an agreement submitted for approval. It would be the opportunity for community input. Commissioner Weiland added proposals from developers and community input have been presented to Commissions for many years. Eventually the Commission makes the final decision and many projects have not gone forward. Recently, good projects have been completed. Delray Beach has had turmoil and the Commission has taken a stand to proceed. Boynton Beach should experience the same type of decisiveness. He speculated six months ago the entire tone of the project changed. Improving the quality of life for others is the responsibility of government. He opined the project would not happen. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:47 p.m. (Intentionally left blank. Continued on next page.) 21 Meeting Minutes Regular City Commission Boynton Beach, FL. February 3, 2009 CITY OF BOYNTON BEACH ATTEST: 22 Janet Prainito City Clerk, City of Boynton Beach February 12, 2009 Following my review of the draft 2/3/09 Commission meeting, I wish to add a corrective and clarifying note to the minutes to reflect that I did NOT consider the category of campaign contributions when responding to a question from a citizen inquiring if I received money from the Auburn Group. Had I considered that category, my answer would have been in the affirmative. I have subsequently reviewed my campaign account records, which are on file with the city clerks as a public record, and they indicate that on 7/21/2006, the Auburn Group Inc. contributed $500 to my campaign. Other than campaign contribution, I can confirm that' received no other funds from the Auburn Group. Jose Rodriguez DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Englne"lng Oee. L1een.. Deputy City Cleft PROJECT NAME: Railroad Avenue N of NE 11th Avenue Right-of-Way Abandonment APPLICANT'S AGENT: Peter Blacklock of Ruden, McClosky (for Habitat for Humanity) AGENT'S ADDRESS: 4855 N. Technology Way Suite 630 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3,2009 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 65-foot wide right-of-way of Railroad Avenue LOCATION OF PROPERTY: West of Railroad Avenue, North of NE 11th Avenue DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X- HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The AP~ant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: c!)/b/O'l / I S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\R-O-W Abandonment Railroad Ave N. of NE 11 Ave\DO.doc EXHIBIT "D" Conditions of Approval Project name: Railroad Avenue N ofNE 11 th Avenue Abandonment (Habitat for Humanity) File number: ABAN 09-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. 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A,- , \1. .-l " ,,' __----E::4-~ ;--~. . \ \ \, \ \' 1l') 2.2. 2. ~ \ 2.1.0\ \II 0-. \3. \ 20 '2.\ t ~-- J' --- ----- --- -~-~ ------ --- ~ .' ';8/.ff!\k ~ ,_ .'~ /,18 l/') ~ k- "! \ \ \tI'I -~ ts\. ' '8~r.;--~-i \ ~ ,,4-0 ~ tC$';;o,.-~!', 1'1 ~ 0 ....~ \ ~ V :'t .~ \' ~ ~ :_~'\ :c It) l~......_ '<- " 'f:i \ .:.:..1;. . _.~ ~ ..1- \ _e'- ---..~ \1 - ~~ 81 }o s D"';" "'-&2 ~7."'~ 3 ;'7 !4 ,.5 , 1. -rH Pn) r; -- ~i~c ~ ~o:~ \ .' \ A-O ,o~.'~ __ {J ~ SllBJEC\" PROPER\"'{ , \ , ----- ---- -- -- -- :----- --- C^' II........ L. -- 65 , { "..... / (.A ' ~, \ \ t _J ~ W \ \-! \ , \ X - H ~ \- --i \ -------. \ \ T. I I ._~~\\-\ --- .~:~ \' -" ~I __~-- -..,' \ '>' I ~\ ;'1 t I \ r, EXHIBIT C SUBJECT PROPERTY !OME HEIGHTS 'OOK 77, PAGE 30) x"t J~ It 2.8 ~ ,~~u" ~ri'.:" PAR eEL ~ ")I.~~~ ~ /' JREA - 4.11< SCIlJo<Rf FU:T ur:Rf OR LESS ~~ LOT 2 ~-.f ... '<J- .1 B L 0 C K 1 0 ..... J~ ~~ cR'-~ ;,...iI-. ,~~,:(f> SOUTH LI>E LO~T 2 q,.-:,~ ~~iT ~~ ,';> ~' 0(I~ 89.68' PLA T 0(1" ""...'''' - _ ~ _ 8B.$ SlRvrY ---l::.:. _ Fo.NJ LR 170.0' ~M:l'I7H LIN: ElLCJa( A Fam 1 j; "'" "'. !I(;j cae- ~ll -- --" ~ 95.92' StR~ ;':J NOFm! LrE LOT 2 J +' 4 LOT 5 BL OCK 70 0(I~ x LOT 4 BLOCK 10 ,;>C x LOT 3 BLOCK 70 .':J~ x 202.95' .o.~ y 330' [L 3 FEET. umr OR LISS \ ~\ \ I ~~ =:----:----~- Fo.NJ5/8"RaY ~r~~. ,';>- .D~ P ,0(1.- RaJ (NO 1UBE11)"\ xo(J, C;j - -1-------::74.SlR~Y~o;~;;_--5a02.-...; 27.68' ~~ (OVERALL PARCEL J) ..,'[- ~ ~ . ~ fr ~ "'\'" '" (J" ~"< cell. ~ 22 "" ~ S5~ ~ It) :,;: \.) C) PARCEL 1 AREA c:- 5.892 SOUARE FFn, ICP.E Of( u:ss PLA T) --.J CI:l 5.H. LOT (AS LABElED av PLA T) \" ~~~~ ~ ~O~m ~ \ ~~&~ ~ ~~~ "" ~ ~D;,t;ll1! ~'" . u ~""V116 _,,"1 a ~ ~ii1""" :,;: ,~';>~....... . ;; ~~Iil'" \.) . ~... '" ~\:S~~ C) ~~ 0) ~ I ~~,~~ ~ ~ i I ~~o:R tJ' ~ I PARCEL 2 AREA ~ 15.IlOS SOlJ<\Rf rrrr. I./OI?E OR LESS ~~ b;: "'''' 2~ ~~ "" b~ t..Q ~Cl ~~ '.i'~ ,--,~...& g; C) r~ 0(I~ x :!~k oIJ" . --.J CI:l .1~ (POLF: wm; I)' I AI>KXJR ,';J'1' I ''"-ururr kx ar 1;1: _ +0.02/, _ _ ~ FTX.W NAL D.O' SO(IfI; WTTI-ESS CORfoER BF:N::H MARK TOP cr J NAIL AJ>D CXSI( +U01 ..,i' I)' 210.0' tY.:SCFI1F'7Iav 209.74' S1R\I!:Y 1<9 .., ~' r.5OU77{ L~ BLDO( A ~. ~vlt,. -~ ,u ," :;,":) " +lZ~t"" 759.74'.5LRVIT + \s.s: ~ rsCUT CESCRJPTTav ,,1' .' N.E. 71TH -A VENUE- P A V F: D + . l' _,<I.:. Fo.NJ NAIL r CfXIIC Q.RB DESCRIPTION OF PARCEL TO BE ABANDONED: THE w.:ST 75.0 FEET OF THA T PORTION OF THE 65 FOOT RIGHT OF WA Y FOR DIXIE HlGHWA Y (NOW RAILROAD A VENUE) LYING EAST OF AND ADJACENT TO LOT 2. BLOCK 70, HAPPY HOME HEIGHTS, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK n PAGE 3D, PUBLIC RECORDS OF PAL.M BEACH COUNTT; FLORIDA, BOUNDED .AS FOLLOWS' ON THE NORTH BY THE EASTERL Y EXTENSION OF THE NORTH LINE OF SAID LOT 2 AND ON THE SOUTl-i BY THE E~.sTERL. Y EXTENSION OF THE SOUTH LINE OF SAIL) LOT 2. r.nNT AINlN..-; fiR7 SQUARE FEET MORE OR LESS. '" ~ m ~ ~ '" ~ I 1 c '<: & "" ce \.5/ ltj l.( I I I I ~ MAP, I 1IE/1F:EI\' CE71ID AND MITTS T/f, BOARD or PRDFr.! ADUlMSTRA T/VE C