Minutes 06-02-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, JUNE 2, 2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay
Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Greg Fitch offered an
invocation and Vice Mayor Woodrow Hay led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The
motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross announced she had attended the Community Alliance meeting at the
Intracoastal Clubhouse. There were approximately 35 people in attendance. She commended
Carisse Lejeune and Nancy Bryne for organizing and leading the many groups and recognized
the first green business in Boynton Beach, EDI, for hosting the next meeting.
Mayor Taylor recognized his son, Paul, his wife, Patti, and their daughter, Lydia, visiting from
Illinois, as well as his wife, Dolores, and daughter, Jeanne.
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Vice Mayor Hay indicated he has been teaching computer classes at the Library and it was a
pleasure to work with the more mature citizens.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. June 2nd, 2009 will be the opening of the Living by the Launch Pad: 40th
Anniversary of Apollo 11 series of exhibits and programming at the
Boynton Beach City Library and Schoolhouse Children's Museum &
Learning Center.
Mayor Taylor announced items on loan from the Kennedy Space Center would be on display for
the Living by the Launch Pad: 4rJh Anniversary of Apollo 11 series of exhibits and programming.
Three movies and various activities, including guest speakers, would be ongoing during the
exhibit.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Code Enforcement Officers' Appreciation Week - June 1-5, 2009
The proclamation was read commemorating Code Enforcement Officers' Appreciation Week,
June 1 - 5, 2009, and presented to Diane Springer, Code Compliance Coordinator. Mayor
Taylor commended the job of Code Enforcement Officers that often goes unnoticed, but they
keep neighborhoods in great condition.
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>
Mark Karageorge, 240A Main Boulevard, commended the Code Enforcement Department and
staff, especially the Administrator, Scott Blasie, who treated everyone with respect, dignity and
a high degree of professionalism.
Maria Figueroa and Eliza Figueroa, 1630 NW 3rd Lane, complained that work done by a
contractor, through an approved program of the City, was not correctly done over three years
ago and the damage remains. The scope of work was to redo a roof, windows, replace the
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metal posts holding the roof over the porch and add a bedroom. The ceiling leaks with heavy
rain, the posts are rotting and the wood and concrete around the front windows are damaged
and leak. The added room is unlevel as well as the bathtub, floor and ceiling causing the
bathtub to rust, a crack in the ceiling, and water seeping around the toilet. Contact with staff
indicated the City was no longer involved in the situation. Ms. Figueroa advised a second loan
to fix the problems was not possible and her family would appreciate some type of assistance
from the City. Mayor Taylor asked for a follow up from staff on the status of the complaint.
Vice Mayor Hay had visited the home and the pictures did not depict the seriousness of the
situation. He urged the City to find a way to help the family with what has become a health
issue. Mr. Bressner noted the City was not a party to the contract. Funding was provided
through SHIP. Mrs. Figueroa pointed out the City brought in the contractors. Mayor Taylor
noted the contractor should not be permitted to work in the City. Octavia Sherrod, Community
Improvement Manager, replied contractors are pre-qualified by the City and references are
checked as well as any complaints against the licenses. A bidding process to select the
contractors is utilized. Ms. Sherrod indicated a complaint was filed with the construction
industry, but was unaware of the outcome as the City was not part of the process.
Attorney Cherof advised the City did attempt to have the contractor return and do additional
work; he refused. Mr. Bressner stressed the City did attempt to encourage the contractor to
honor the contract with the individual.
Andrea Heaven, 8149 Mystic Harbor Circle, thanked Vice Mayor Hay for his donation to the
Boynton Beach Hoops team. She pointed out the team was in the Division II, 10 and under
category traveling to Lakeland for State competition. The team was 16-0 and number one in
the State. Donations were still needed to cover traveling expenses for fl,Jrther competition. The
team, parents and coaches were present and recognized. Mayor Taylor commended the team
for their record and noted it gave credit to the entire City.
Vice Mayor Hay concurred with Mayor Taylor and challenged the Commission to also make
donations to further their efforts. Mayor Taylor and Commissioner Ross donated $500 each.
Commissioners Weiland and Rodriguez donated $250 each.
Jeff Morgan, 745 SW 1st Court, thanked the Commission for denying the extension of the site
plan at the site of the 1926 train station adjacent to the Lake Boynton Estates development.
The struggle did serve to unite the neighborhood.
Lois Smith, 122 NW 8th Avenue, a representative of the HOB committees, asked the
Commission to implement the recommendations given to the Community Redevelopment
Agency (CRA) for the Heart of Boynton community. Mayor Taylor advised at the last Community
Redevelopment Agency meeting the recommendations were discussed and progress was being
made on some of the issues. Vice Mayor Hay noted the prioritized list requested would be
forthcoming.
Sasha Lagano, 1990 NE 5th Street, submitted the proposed artist rendering of the Preserve
and pictures of the current status of the development. The units were originally $350,000 and
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had been reduced to $280,000 to meet the criteria for grants. Ms. Lagano reported she had a
broken step, insufficient parking space, inadequate shutters, electrical issues, and vehicle
damage from the sprinklers. Most of the issues were covered under the warranty; however, the
contractor refused to correct the problems. Other complaints included several roof leaks, fading
exterior paint, broken roof tiles, construction equipment storage on-site and debris, and rodent
infestation. The surrounding area was not redeveloped as promised. The homeowner fees had
increased while amenities, such as cable TV, had been discontinued. Vagrants were also
present in the development.
Teasha Thomas, 1763 NE 6th Street, another resident of the Preserve, described her
experience as horrible for a first-time homeowner. She acknowledged the issues previously
mentioned while the fees increased $110 per month. More foreclosures were probable. Safety
was a major concern. Ms. Thomas requested the Commission investigate the matter because
CRA funds were used. Her closing took a considerable amount of time and many discounts had
been promised until a low appraisal was submitted and all the discounts were retracted. Ms.
Thomas advised she was a teacher and works three jobs to maintain her home.
Joseph Elkins, 1850 NE 5th Street, had bought pre-construction in the Preserve without a CRA
grant. The builder promoted the CRA partnership. The builder had misrepresented their
commitments both verbally and in writing and bullied the residents into closings. Mr. Elkins had
contacted both Mayor Taylor and Lisa Bright, Executive Director of the CRA for assistance.
Since grant money ~as not involved the builder would not acknowledge their involvement. The
developer, Cornerstone Group, vyas not delivering on the vision of the CRA. The situation for
the residents was getting worse rather than better.
Shonae Trotman, 1826 NE 5th Street, advised it took her three years to close on her residence
at the Preserve and was very thankful for the grants received. It had evolved into a nightmare
and she was willing to walk away from her home and start over elsewhere. She stressed the
CRA was totally helpful. It was misleading when the Cornerstone Group depicted a partnership
with the CRA. Her service requests were ignored on several occasions. The materials used
were not sufficient and safety concerns were a major issue. She requested an advocate be
found to intercede on the residents' behalf and meet with Cornerstone. The current conditions
were unacceptable. Commissioner Weiland suggested at least one representative for the
residents attend the next Community Redevelopment Agency Board meeting. Mr. 6ressner
requested the names of the new representatives of the Cornerstone Group. Commissioner
Rodriguez suggested the CRA staff be directed to give an update on the project at the next
meeting. Vice Mayor Hay agreed.
Mayor Taylor commented the City was not a partner with the developer. The only involvement
was the CRA assist~d homebuyers in purchasing properties in the Preserve. There could be
Code violations that may be addressed.
Kristen Gallagher, 1843 NE 5th Street, a single mother, graduate student and full time
employee, indicated her financial situation was tenuous. When the contractor discontinued the
cable TV and wireless internet a letter was sent advising the homeowner fees would be
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decreasing. They have now been increased $110. She requested assistance before foreclosure
was necessary.
Dawn Osowsky, 1751 NE 6th Street, advised her fees had increased three times over the last
year. She discovered Cornerstone owned many of the town homes and were renting the units,
but not paying the homeowner fees. The residents were being victimized with increased fees to
compensate for the developer's own non-payment of fees. Safety was an issue and youth from
adjacent properties ~ere using the facilities and causing problems.
Mayor Taylor indicated the City would review the City's legal standing in the situation and
assistance that could be given.
Victor Norfus, 261 N. Palm Drive, thanked the Commission for denying the truck route
through Lake Boynton Estates. Access to the Sara Sims Park and churches in the area were
also a concern with the closure of the street on Martin Luther King Boulevard. An alternative
route should be sought to access Sara Sims Park from Martin Luther King Boulevard. Mayor
Taylor responded the community committee had recommended the street be closed.
Don Scantlan, 13 Cedar Circle, thanked the Commission for the Veteran's Day ceremony. Mr.
Scantlan gave an update on the Summer Youth Program with Workforce Alliance. Applications
were still being accepted. Employers were still needed.
Sonny Garcia, 1631 NW 3rd Lane, advised a State inspector had visited the Figueroa house
and compiled a list of items that needed to be fixed by the City or the contractor. The items
were never corrected.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Accept the resignation of David Barie, Regular member of the Recreation & Parks
Board
Motion
Commissioner Weiland moved to accept. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
B. Appointments to be made:
Appointment
To Be Made
Board
Length of Term
Expiration Date
I Weiland
Mayor Taylor
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Alt
Alt
Weiland
Cemetery Board
Reg
1 yr term to 12/09 Tabled (2)
1 yr term to 12/09 Tabled (3)
3 yr term to 12/09 Tabled (2)
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II Hay
Cemetery Board
Alt
1 yr term to 12/09
Mayor Taylor
Code Compliance Board
Alt
1 yr term to 12/09
Weiland
Education & Youth Advisory Board
Reg
2 yr term to 12/09 Tabled (2)
Motion
Commissioner Weiland appointed Jose DeLaTour III as a regular member of the Education & Youth
Advisory Board. Commissioner Ross seconded the motion. The motion passed unanimously.
IV Ross
Mayor Taylor
Education & Youth Advisory Board
Education & Youth Advisory Board
Alt
Stu N/V
Alt
1 yr term to 12/09 Tabled (3)
1 yr term to 12/09 Tabled (3)
1 yr term to 12/09 Tabled (3)
Weiland
Senior Advisory Bd
Commissioner Weiland requested Katherine Cregan be appointed as an alternate.
Motion
Vice Mayor Hay moved to appoint Katherine Cregan as an alternate member of the Senior Advisory
Board. Commissioner Rodriguez seconded the motion. The motion passed unanimously.
II
Hay
Senior Advisory Bd
Alt
1 yr term to 12/09 Tabled (3)
Motion
Vice Mayor Hay moved to table the remaining 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 Meeting Minutes - May 19, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RH' #034-
121O-09jOD "Annual Contract for Real Estate Administrator" to be
utilized on an "as needed" basis to facilitate land acquisition, relocation
and property management. (Proposed Resolution R09-074 )(Tabled
on May 19, 2009)
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Commissioner Weiland pulled Item VI.B.l for discussion.
2. Approve the purchase of audio/visual equipment for Fire Station #5, Fire
Administration Offices, City Emergency Operations Center (EOC) and
backup Communication Division Public Safety Answering Point (PSAP) to
include installation, programming and training from AVI-SPL, Inc. of
Deerfield Beach, FL with an expenditure of $146,829.80.'
3. Award the "RE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING
GUARD SERVICES" Bid #027-21l0-09jJA, to Kemp Group International
Corporation of Miami, FL, for an estimated annual expenditure of
$304,170. (Proposed Resolution No. R09-0BO)
4. Approve the sole source purchase of two LIFEPAK-15 cardiac
monitor/defibrillators from Physio-Control Inc. located at Redmond, WA,
for a total expenditure of $56,524.81.
C. Resolutions:
1. Proposed Resolution No. R09-081 Re: Assessing the
cost of nuisance abatement on properties within the City of Boynton
Beach.
2. Proposed Resolution No. R09-082 Re: Approving the
adoption of the City of Boynton Beach's Second Planned Amendment for
Community Development Block Grant (CDBG) FY 2008/09.
Commissioner Ross pulled Item VI.C.2 for discussion.
D. Accept the attached Analysis of Revenues & Expenditures (General Fund and Utility
Fund) for the seven months ended April 30, 2009.
Mayor Taylor pulled Item VI.D. for discussion.
Motion
Commissioner Weiland moved to approve the Consent Agenda Items with the exception of
those pulled for discussion. Commissioner Ross seconded the motion. The motion passed
unanimously.
VI.B.1
Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034-1210-
09jOD "Annual Contract for Real Estate Administrator" to be utilized on an "as
needed" basis to facilitate land acquisition, relocation and property management.
(Proposed Resolution R09-074)(Tabled on May 19,2009)
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Commissioner Weiland noted only a few appraisers had been used since 2002. Most of the
work was done with staff. With the uncertainty of the current budget, Commissioner Weiland
could not support the expenditure. Mr. Bressner pointed out staff had not been doing
appraisals and an outside real estate firm had been utilized. Quintus Greene, Development
Director, added no commissions ~ad been paid. Unlike most municipalities, the City of Boynton
Beach did not have its own property management entity. The process was used to assure there
was a competitive process and the best price was obtained.
Motion
Commissioner Ross moved to remove Item VI.B.1 from the table. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Commissioner Rodriguez inquired about the impact if the matter was not approved. Mr. Greene
replied for each transaction a competitive process would have to be used to obtain the services.
Motion
Commissioner Rodriguez moved to approve Item VI.B.1. Vice Mayor Hay seconded the motion.
The motion passed 4-1. (Commissioner Weiland dissenting)
VI. C. 2
Proposed Resolution No. R09-082 Re: Approving the
adoption of the City of Boynton Beach's Second Planned Amendment for
Community Development Block Grant (CDBG) FY 2008/09,
Commissioner Ross highlighted the item because it was a supplemental appropriation for the
Community Development Block Grant to address the critical employment and economic
development needs. She requested an update of new jobs created and those maintained when
the funding was received. Mr. Bressner's interpretation was it would not create jobs, but would
create cost savings for individuals. Mr. Greene added the intent was to achieve some energy
efficiencies. Indirectly, work being done towards that goal would create jobs. Commissioner
Ross summarized it would augment the Energy Efficiency and Conservation Block Grant in
2009.
Motion
Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
VI.D. Accept the attached Analysis of Revenues & Expenditures (General FL:nd and
Utility Fund) for the seven months ended April 30, 2009.
Mayor Taylor was concerned that the $4.6 million revenue from the reserve funds was in
addition to the previously approved budgeted amount. Barry Atwood, Director of Finance,
indicated the $4.6 million was the budgeted amount and no additional transfer of funds was
anticipated.
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Motion
Mayor Taylor moved to approve Item VLD. Commissioner Rodriguez seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Authorize the payment of a settlement in the amount of $15,000 in the case
Juleen Jacobs v. City of Boynton Beach.
Vice Mayor Hay inquired if there was a budgeted amount for legal settlements. Chuck
Magazine, Risk Manager, explained there is an amount budgeted to cover cases during the
year. It is a part of the self-insurance program.
Motion
Vice Mayor Hay moved to approve Item VILA. Commissioner Ross seconded the motion. The
motion passed unanimously.
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
Attorney Cherof administered an oath to anyone testifying for Items C and D, quasi judicial
proceedings.
A.
Project:
Planned Commercial Development (PCD) Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land Development
Regulations, Chapter 2, Zoning to create a waiver process for
minimum setbacks associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning districts annexed
into the City. (1st Reading Proposed Ordinance No. 09-026)
Agent:
Description:
Attorney Cherof read Proposed Ordinance No. 09-026 by title only, on first reading.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Ed Breese, Principal Planner, indicated the intent was to establish a waiver process for existing
projects being annexed into the City that could not meet certain PCD regulations. Po. waiver
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could be issued and mitigate potential impacts of an ancillary fueling center. Staff
recommended approval.
Motion
Vice Mayor Hay moved to approve Item VIlLA. Commissioner Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
B.
Project:
Agent:
Description:
Funeral Home with Cemetery (CDRV 090-004)
City-initiated
Request for interim amendment to the Land Development
Regulations, Chapter 2, Zoning to allow Funeral Homes with
Cemetery in the Community Commercial (C-3) zoning district, on
parcels in excess of 10 acres. (1st Reading Proposed
Ordinance No. 09-027)
Attorney Cherof Proposed Ordinance No. 09-027 by title only, on first reading.
Mr. Breese reported the request related to the annexation of Palm Beach Memorial Park and
noted a cemetery as a principal use was only allowed in a public usage zoning district and not
intended for a privately-operated cemetery. A funeral home use would be a commercial
venture and a more intensive use of the site. Staff agreed with the applicant that a commercial
zoning was appropriate for the site. Staff recommended the County zoning designation
continue after annexation into the City and the Code Review be approved.
Mayor Taylor opened the issue for public hearing.
Greg Kino, legal counsel for Hector Sardena, reported discussions between the parties were
ongoing relating to the future land use map changes, rezoning and annexation. He wanted to
defer comments until the second reading and public hearings relating to Sam's Club and
Northstar. He requested a two week postponement and waived any objection to the ~ity not
adopting the Future Land Use Map Amendment within 60 days as statutorily required pending
further negotiations. He had objection to approving the request on first reading.
Motion
Commissioner Weiland moved to approve Item VIILB. Vice Mayor Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
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Mr. Breese recommended the tabling of agenda Items XII.A.1 through A.B to correspoild with
the second reading of Ordinance 09-027.
Motion
Commissioner Ross moved to table Items XII.A.1 through A.B. Commissioner Rodriguez
seconded the motion. The motion passed unanimously.
Bonnie Miskel, representing Sam's Club, requested tabling of Item XII.D.2 and XII.D.3. relating
to the subject annexations.
Mr. Breese indicated staff agreed.
Motion
Commissioner Ross moved to table Items XII.D.2 and XII.D.3. Commissioner Weiland
seconded the motion. The motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Description:
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the approved campus
master plan increasing the number of project phases from four to
six to include the addition of an interim (temporary modular)
school facility and a maintenance building, and updating the
project build-out schedule.
Attorney Cherof obtained agreement from the applicant to combine Items VIII.C and VIII.DJor
hearing.
D.
Project:
Agent:
Owner:
Location:
Description:
Ca',vary Chapel (NWSP 09-002)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a 2,200 square foot temporary modular
classroom building, as part of the new Phase II of the master plan
within a Planned Unit Development (PUD) zoning district.
Mr. Breese located the property and reviewed the various phases of the project. The master
plan modification was requested to incorporate a temporary 2,200 modular classroom building
into the second phase of the project. It would be needed for approximately three months until
permanent classroom space would be available. Two additional phases have been added to the
master plan for the ultimate build out. Based on the non-impactful nature of the phasing and
the modification, staff recommended approval of the master plan modification. The new site
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plan included the temporary modular classroom and the additional parking requirements would
be met. Agreement with the conditions of approval would be necessary.
The applicant agreed with all conditions of approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Rodriguez moved to approve Item VIII.C. Commissioner Ross seconded the
motion. The motion passed unanimously.
Motion
Commissioner Ross moved to approve Item VIII.D. Commissioner Rodriguez seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Proposed Annexation Policy by Interlocal Service Boundary Agreement (ISBA)
Mr. Bressner sought authorization to begin an Interlocal Service Boundary Agreement (ISBA)
process with Palm Beach County. He introduced Donna Brosemer who was working on behalf
of the City to do research and necessary procedures. In the past, if an annexation created an
enclave the municipality could not proceed. The new process would provide an avenu~ for the
annexation to continue.
Donna Brosemer, Consultant, reported annexations were made a priority in 2004 by the
Commission. A review of the water service agreements including a voluntary annexation clause
was undertaken to determine properties that could be annexed.
Mr. Bressner further explained the City agreed in the water service agreements to extend
municipal water service outside the City limits and annex the property at such time as the
property was contiguous to the City. However, in most cases enclaves were created and
annexation was not possible. The properties do fall within the utility service area.
Two neighborhoods were identified that had voluntary annexation clauses in their water service
agreements and are contiguous to the City. But, two enclaves were created and the County
suggested the ISBA process be examined. The process is a new tool created by the legislature
for strategic long range planning. Annexations are promoted to improve service delivery and
square off municipal boundaries. The existing statutory requirements prohibit any further
annexations. The ISBA created in 2005 allows a municipality to review its reserved annexation
area. Individual parcels have to be evaluated comprehensively with the entire area. It takes
six to nine months and involves staff time. It is a long-range strategic plan and does not
obligate the City to annex and can be effective for 20 years. The function is to streamline
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annexations as opportunity arises. There would be no negative impact to have the agreement;
however, not having it will prohibit annexations for the City and the citizens. Another alternative
would be to maintain the current process and do annexations on a piece-meal basis
Motion
Vice Mayor Hay moved to move ahead with the ISBA. Commissioner Ross seconded the
motion.
Commissioner Rodriguez questioned why the property owners involved were not notified of the
discussions and the agreement. Mr. Bressner noted that notification was an essential element
and the Coalition of Western Boynton Residents Association would also be an interested party.
Taxes would be increasing and the residents should have notification. There would be
annexation areas allover the City.
Ms. Brosemer clarified the ISBA did not pertain to any specific annexation that was eminent, so
notification parameters could not be determined. The agreement allows for the determination
of possible annexation areas and studies of the areas to be undertaken to determine the
potential tax revenue and the cost of providing services.
The motion passed unanimously.
B. Boynton Inlet Committee Recommendations
Mr. Bressner recalled the Commission received funding several years ago for a study of the
feasibility of a structural modification to the Lake Worth Inlet, also known as the Boynton Inlet.
The Inlet Committee had representation from the City of Boynton Beach, Town of Lantana,
Town of Manalapan, Town of Ocean Ridge, Briny Breezes, and Hypoluxo plus citizen and
County representation. The Florida Inlet Navigation District (FIND) and Marine Industry of
Florida were also invited. The services of Applied Technologies Management (ATM) were
retained to complete the analysis and suggest alternatives to include a ranking of the
appropriate improvements. The recommendations decided upon would ultimately be forwarded
to Palm Beach County the owner and operator of the Inlet. Ms. Brosemer was instrumental in
obtaining funding for the study.
Ms. Brosemer pointed out the Commission had determined the Inlet was an important project
of regional impact to improve public safety and enhance the economic development of the
marine industry. An RFP garnered six responses and presentations were made.
Jeff Livergood, Director of Public Works and Engineering, indicated the solutions are very long
range and there are political implications and technical aspects.
Dr. Michael Jenkins, consultar:tt with ATM, reported the objectives were to improve water
quality in the lagoon and navigation safety in the Inlet. The flushing of the inlet affects water
quality within the lagoon. The Inlet has had consistent issues with safety with many constraints
including a County park, existing bridge, sand bypassing system and many stakeholders. The
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Inlet was not intended for navigation, but for a flushing mechanism for the lagoon and explains
the design constraints of the Inlet. The mechanisms of accidents that have occurred were
studied and found the majority of the accidents occurred over the InlEt shoal and not in the
mouth of the Inlet. The Inlet is heavily used by the marine industry in terms of private and
commercial uses. The bypass sand system is owned and operated by the County and required
as part of a State mandate to bypass sand and reduce the impact of the Inlet on the beaches.
Alternatives included maintaining the status quo, structural changes, non-structural changes
and the bridge as a challenging constraint. Six structural changes were addressed being
deepening the Inlet to five feet or ten feet, widening the Inlet by 50 feet and deepening or
widening by 200 feet and no deepening and widening by 200 feet and deepening. The
deepening would extend to where it met natural ground and would enco.mpass the shoal. Non-
structural changes would be navigation markers and lighting, an adverse conditions warning
system and boater education. The studies were able to quantify the physical changes to the
environment that would result from the various alternatives. The potential for greater storm
surge was a concern of many of the stakeholders.
Commissioner Wel1and left the dais at 8:18 p.m. and returned at 8:19 p.m.
The current and waves interaction in the lagoon were unsafe and were represented within the
history of the Inlet. A two-tier ranking system was established including an engineer ranking
based on cost, permitability and acceptance that was submitted to the committee who did their
own ranking of the various alternatives. The non-structural changes ranked very high as viable
issues and would directly contribute to safety within the Inlet. Structural changes raised issues
of loss of park space, impacts to the beach, and surge issues and were considered within the
ranking matrix. There would be significant environmental changes to the impacts a'1d high
costs. The bridge is a major constraint.
Robert Dimesky, 9477 EI Clair Ranch Road, inquired if the inflow was modeled to the various
changes to the width of the cut as done with the outflow monitoring to demonstrate the impact
on the inside of the Intracoastal as well as the outside of the reefs. His other concern was if a
cultural resource impact study had been done. Mr. Bressner replied it was not part of the scope
of services. Hydraulic models were made to determine the impact on the lagoon and surf
issues. The adverse impact on the reefs from any widening was a major concern. Another
dynamic that arose was the water level within the lagoon and potential flooding problems to the
Hypoluxo Island area and Ocean Ridge that warranted further investigation. The water quality
within the lagoon would be greatly improved if the Inlet were widened.
Mr. Dimesky inquired about the composition of the eastern edge of the lagoon and Dr. Jenkins
indicated there was rock that could be excavated, but was considered a constraint. Mr. Dimesky
stressed this was an archeological concern and many residents to the north were concerned
with any changes to the Inlet. The area is used around the clock for fishing, diving and historic
preservation.
Mr. Dimesky was also concerned about the lack of public notification that the issue would be
discussed. Mr. Sressner indicated the project had been ongoing for three years with articles in
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
both area newspapers and the entire study available on the website. Mr. Dimesky requested a
recap of the notices to the public and scientists regarding the issue. Mayor Taylor added
public discussion had been ongoing for years.
Nancy Chandler, 914 NE ih Street, agreed with Mr. Dimesky that public notice .on the
meetings had been very difficult. Mr. Bressner reported there has been active public
participation at many of the meetings consistently.
Mayor Taylor commented the Inlet is very dangerous and he has worked at improving the
safety in the Inlet for boaters. Representative Adam Hasner was instrumental in securing funds
for the study to be completed. Area municipalities and representatives from the marine
industry have been reviewing the findings. There is also an economic impact for the entire
area. The bridge has been an issue and tide surge was a major concern that technology may
be able to minimize those constraints. It had even been suggested to remove the bridge and
create an island. The committee's recommendation was to continue the status quo. Mr.
Bressner added there could be minor improvements of non-structural changes. The marine
industry had voiced concern that any construction would disrupt the marine access.
Ms. Brosemer advised it was understood the study was Phase I of an in-depth study of the
alternatives available at the Inlet. Research revealed some alternatives are cost prohibitive or
have permitting issues and create adjacent community concerns. Some alternatives have not
been fully investigated in the study. However, dredging of the ebb shoal where most of the
boating accidents occur could be part of the County's beach renourishment program.
Mr. Bressner suggested the study be sent to the County and emphasize the dredging of the ebb
shoal to improve safety. Dr. Jenkins pointed out the sand pumping station was being upgraded
by the County and it would be more efficient, but physical limitations would remain. Mayor
Taylor wanted to not only forward the study to the County, but also request all the options be
reviewed.
Tom Warnke, 625 Lakeside Harbor, committee member, had on many occasions stressed the
importance of keeping a channel through the ebb shoal. Public input has been intense and
consistent throughout the process. If the entire ebb shoal is dredged, Ocean Ridge would be
exposed. Most of the good sand is being lost off shore or sitting on the bar, making boat
passage treacherous.
Commissioner Rodriguez felt the County should have an opportunity to review all of the
discussion items and priority items of the committee. Mayor Taylor declared there was
consensus to proceed as recommended.
X. FUTURE AGENDA ITEMS:
A. Continued Discussion on 2010 General Fund Budget Policy Items - (Staff is
continuing to update the 2007 Program Analysis and Span of Control report.
Staff will conclude its review and be prepared to make ,recommendations June
16, 2009)
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
B. Contract Award Recommendation for design of Meadows/Nautica Park - June 16,
2009
C. Consider the continuation or deferral of the "CONSTRUmON OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. Proposed Ordinance No. 09-003 RE: Approving a
request to annex the properties. (Sam's Club ANEX 09-001)
2. Proposed Ordinance No. 09-004 RE: Approving a
request to annex the properties. (Northstar ANEX 09-001)
3. Proposed Ordinance No. 09-005 RE: Amending the
Comprehensive Plan Future Land Use Map classification on ~41.19 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 0~-002)
4. Proposed Ordinance No. 09-006 RE: Amending the
Comprehensive Plan Future Land Use Map classification on ~41.49 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
5. Proposed Ordinance No. 09-007 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 09-002)
6. Proposed Ordinance No. 09-008 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002)
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on :H4.22 acres
of land from Medium Density Residential to Industrial (New Urban High
Ridge LUAR 09-001)
8. Proposed Ordinance No. 09-010 RE: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District (New Urban High Ridge LUAR 09-001)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-028 Re: Amending the
Code of Ordinances, Chapter 13, Business Tax, Sec. 13-4, Classification
and Fee Schedule, to provide for a five percent (5%) increase in business
tax rates.
Attorney Cherof read Proposed Ordinance No. 09-028 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-028. Mayor Taylor passed the
gavel and seconded the motion for discussion.
Buck Buchanan, 807 Oceanwood Drive, Chair of the Chamber of Commerce, had no
knowledge of the proposed change. It would have a negative impact on businesses. The
revenues to the City would increase $62,000, according to Mr. Bressner, with the overall
revenue stream of $1.2 million. The previous year the Commission had not approved an
increase. The Chamber of Commerce did object to the last request for an increase. Mr.
Buchanan emphasized many small businesses are struggling with even minimal changes.
Maxime DuCoste, Zoning and Business Tax Manager, announced the increase for businesses
would average $4 to $15.
Nancy Hogan, 27 Hibiscus Way, Ocean Ridge, had spoken last year, and as a rea,1 estate
broker urged the Commission to not increase the fees for additional revenue. It would only
compound the issues relating to the home buyers and brokers.
Vote
City Clerk Prainito called the roll. The vote was 2-3. (Commissioners Weiland, Rodriguez and
Ross dissenting)
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
2.
Proposed Ordinance No. 09-029
abandonment of a portion of NE 12th Avenue.
RE: Approving the
Attorney Cherof read Proposed Ordinance No. 09-029 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-029. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
3. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board
Attorney Cherof read Proposed Ordinance No. 09-030 by title only on first reading.
Commissioner Rodriguez commented his original motion was to add two members to the panel
to groom two leaders to serve with the current board. It would be very aggressive to place
seven volunteer members on a board and take over the functions of the CRA. He suggested
the Commission reconsider his original motion to add two members and develop a plan to
gradually move to seven members.
Mayor Taylor contended the current CRA Board was doing an outstanding job and moving
forward with the assistance of the community committee developing goals and objectives to be
achieved. He believed the timing of the transition was an issue. A seven member board
created by the new Commission would be better. Campaign promises are often based on
partial information and cannot be achieved as quickly as anticipated once all the facts are
learned. A new seven member board may retard the progress of the current board. Mayor
Taylor advised he would support the transition at a later date.
Vice Mayor Hay had made the commitment to start the process and acknowledge the current
Board had little or no training when they first sat as the Community Redevelopment Agency
Board. The Commission would retain the authority to determine the timeline for implementing
an independent board.
Commissioner Rodriguez submitted adding two members would achieve the goals and
objectives of both Mayor Taylor and Vice Mayor Hay. Being a City Commissioner did prepare
the current Board for their roles on the CRA Board.
Commissioner Ross was concerned with the stability factor of the CRA Board and had received
conflicting messages on the desire of the residents. She favored waiting to add the seven
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
members and did not want to add two at the present time. The two year stability of the
current Board offers the community a valuable asset.
Mayor Taylor was not in favor of adding any members at this time. A seven member board
should be appointed at a later date. Commissioner Rodriguez noted there was no ongoing
development and it would be the best time to engage the volunteer board. Vice Mayor Hay
interjected it would be the best time to train seven rather than just two.
Mark Karageorge, 240A Main Boulevard, recalled the past motions and suggestions for the
creation of an independent Board. He was in total agreement with Vice Mayor Hay and
contended a timetable should be established to implement an independent Board. There are
many concerned citizens who have been attending meetings on a regular basis who would be
able to function as a Board member. He speculated it would take a considerable amount of
time to review applications, conduct interviews and make recommendations.
Attorney Cherof announced the new Board would take over the second Tuesday of the month
after the seven members were appointed. There is a schedule for the term of each member's
appointment as set forth in the statute. Each appointment will require the full vote of the
Commission.
Victor Norfus, 261 N. Palm Drive, suggested there was some confusion about the ordinance.
Attorney Cherof explained the ordinance was originally drafted to add two members to serve
along with the Commission. On first reading the direction changed and a new ordinance was to
be drafted appointing all seven members at one time, not including the members of the
Commission. Mr. Norfus contended it should be a gradual appointment of members rather than
seating all seven members at one time. Mr. Bressner stressed there would be no transition.
Mr. Norfus urged the Commission to at least start the process.
Commissioner Weiland understood appointments made at this time would not be able to sit on
the Board until the seventh person was appointed. Attorney Cherof clarified no one could be
appointed until the Code provision is amended describing the number of people on the Board.
The Statute has no provision for training to be a Board member. It is on-the-job training.
Don Scantlan, 13 Cedar Circle, suggested alternate, non-voting members could be written into
the Code and it would be the Commission's discretion if they were advanced as regular
members. Attorney Cherof explained the Board was described by Statute and the Commission
cannot dictate the configuration.
Lee Wische, 1301 SW 18th Street, contended the vacancies would be immediately listed and
two of the five Commissioners would make two appointments to total seven members. The
Board could be named in a couple of meetings and could begin their duties.
Buck Buchanan, 807 Ocean Inlet Drive, Chair of the Chamber of Commerce and past
President of INCA, reiterated both organizations supported a fully independent board. He urged
the Commission to pass the Proposed Ordinance as submitted and commence the process as
soon as possible. In his experience, some developers directed their efforts toward the
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
Commission and ignored the recommendations of the other Boards. When that type of
behavior by developers ceases, it would be the acid test of a competent Board. He stressed an
independent board is the will of the people and citizens need what the City needs.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-030. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2. (Mayor Taylor and Commissioner Weiland
dissenting)
D. Resolutions:
1. Proposed Resolution No. R09-083 Re: Appointing a
City Commission representative to the Homeless Advisory Board - Palm
Beach County.
Motion
Commissioner Weiland moved to appoint Commissioner Ross. Commissioner Rodriguez
seconded the motion. The motion passed unanimously.
E. Other:
1. Recommendation and discussion of subordination of SHIP funding
Attorney Cherof explained the matter was brought before the Commission for consideration
after further investigation into the request of a resident to subordinate SHIP funding. All the
information submitted had been reviewed and staff recommended to not subordinate the
funding as it would set a precedent for the many other SHIP loans. There was no need to take
any other action at this time.
Yvonne Westerman, speaking on behalf of the applicant, indicated attempts had been made
to work with the bank and calls to Florida Housing indicated they were willing to settle for
$80,000 rather than let the home go into foreclosure. Further information could be provided
regarding a pending contract for sale. Ms. Westerman attempted to negotiate a settlem~nt.
Ms. Sherrod advised Florida Housing has not gone through any short sales without first
contacting the local municipalities and they follow the State statutes in these matters. Other
area municipalities have not subordinated any SHIP funding.
Mayor Taylor indicated all applicants are well aware of the policy of the City when they receive
the SHIP funding. Commissioner Rodriguez speculated a policy may need to be created to deal
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
with these types of situations. Ms. Sherrod advised the City did have a subordination policy
based on staff recommendation to the City Manager, usually in relation to sales or refinancing.
Commissioner Ross was concerned that stimulus funding was not available to assist in these
situations.
The motion to deny passed 3-2. (Vice Mayor Hay and Commissioner Ross dissenting)
2. Acknowledge dcceptance of Hold Harmless Agreement and approve Bill of
Sale for Boat Dock at NE 12th Avenue.
Attorney Cherof indicated the adjacent property owners to the north and south of the dock had
agreed to the bill of sale and a hold harmless agreement to relieve the City of any liability.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 9:41 p.m.
(Continued on next page)
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 2, 2009
CI1Y OF BOYNTON BEACH
ATTEST:
Woodrow L. Hay, Vice Mayor
~~
Ronald Weiland, Commissioner
Yn.p~
~.
,.,.-<>'
Jan M. Prainito, CMC
. Clerk
~..~Zd:Li?A!A-
Ith A. Pyle
eputy City Clerk ,~/
Marlene Ross, Commissioner
22
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
c:::---
.~('
PROJECT NAME:
Calvary Chapel of Boynton Beach
Development
P&Z
Building
Engineering
Occ. License
Deputy City CI,"
APPLICANT'S AGENT: David Frank
APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2,2009
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to
modify the phased Master Plan and accommodate a temporary modular
classroom.
LOCATION OF PROPERTY: 3190 Hypoluxo Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Appl.icant
4 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 "C" with notation "Included".
4.
The Applicant's application for relief is hereby
--X. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
h-5-LJ
S:IPlanning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Calvary Chapel
File number: NWSP 09-002 MPMD 09-001
Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp
ki
mar ng.
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:
1. No utility plan was included with this submittal; therefore the Utilities
Department considers this plan incomplete as submitted. However, this
project is an existing site located within the Utilities' service area, and is X
located where utility support is available. Additional comments may be
generated after a utility plan has been submitted and reviewed.
2. A building permit for this project shall not be issued until this Department
has approved the plans for the water and/or sewer improvements required to
service the proposed classroom trailer, in accordance with the CODE, X
Section 26-15.
3. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207. X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None
BUILDING DIVISION
Comments:
4. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments X
may not be generated by the commission and at permit review.
5. At time of permit review, indicate on the plans that all construction work
(excluding the DCA approval of the modular buildings factory construction)
will comply with the 2007 Florida Building Codes (FBC). X
6. At time of permit review, submit signed and sealed working drawings of the
proposed construction, including the monument sing to be constructed on X
the north end of the property.
7. At time of permit review, add a general note to the site plan that all plans
submitted for permitting shall meet the City's codes and the applicable X
building codes in effect at the time of permit application.
8. Pursuant to approval by the City Commission and all other applicable
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The plans X
must incorporate all the conditions of approval as listed in the development
order and approved by the City Commission.
9. At time of permit review, provide lighting photo metrics for the existing site
lighting and parking lot adjacent to the proposed modular buildings. X
IO. Show details of required accessible ramps. Provide details of the materials
foundations, framing, slopes, cross-slopes and landing sizes of the ramps.
Show details of any proposed or existing curb ramps and detectable X
warnings. Show details of the railing system to be attached to the ramps.
Provide elevations of the ramps to show compliance with the FBC.
II. Show location of connection points for the required water and sanitary
sewer for the modular buildings. Show location of the laterals and pipe size
and material. Provide for the separation of the building underground water X
and sewer services with at least 5 feet of undisturbed or compacted earth, or
in accordance with one of the exceptions provided by the 2007 Florida
Building Code, Plumbing.
12. At time of permit review, show details of the foundation system to be
installed to support and secure the modular buildings. Provide details of
attachment of the chassis 0 the ground to comply with the 140 mph wind X
loading.
13. Provide verification that existing water and sewer service sizes will
accommodate the classroom units. X
14. Provide details on the source of electric service feed to the new modular
classroom buildings, the type of proposed electric service, the proposed X
voltage and ampacity, and all required grounding and bonding. Provide
DEPARTMENTS INCLUDE REJECT
phase, total voltage and ampacity of existing service source. Service
upgrade may be required.
15. At time of permit review, show details of the modular classroom building
skirt material, method of attachment, access hatch or door an ventilation of X
the enclosed crawl space under the buildings.
16. Occupancy type is listed as "E" (Educational), but may be "a-3" (see
Section 305.1 of the FBC, Building). Correct occupancy category, if
required, and show occupant load, minimum egress requirements and X
whether the buildings will be served by a fire sprinkler system.
17. Verify that additional parking is not required and that one handicapped
accessible parking space, adjacent to the proposed modular buildings, meets X
the minimum code requirements.
PARKS AND RECREA nON
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
18. General Condition: All of the existing landscape and irrigation
improvements as shown on the original landscape plans should be evaluated
by the Landscape Architect in the field and will be inspected by the City as X
part of the landscape inspection. This statement must be placed on the sheet
L above the Existing Installed Landscape List and on page I above the Plant
List.
19. Landscape pag:e L
The applicant should provide landscape design from the existing or
proposed landscape trees / vegetation at the time of planting to visually X
buffer the existing parking lot areas and new structure from the Hypoluxo
Road right-of-way and the residents to the East and South of the site.
20. Irri2ation Plan
· Turf and landscape (bedding plants) areas should be designed on separate
zones and time duration for water conservation.
· Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
2l. The classroom building has too much blank wall on the east side. Install
plant material in clusters, ranging from 4' to 8' in height along this fayade to X
break up the long blank wall.
22. Add more Montgomery Palms along the front of the modular classroom X
building.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
23. A traffic concurrency approval letter from Palm Beach County Traffic X
Engineering must be submitted before the issuance of any permits.
24. It is the applicant's responsibility to ensure that the master plan and new site X
plan are publicly advertised in accordance with Ordinance 04-007.
25. Should the proposed building addition's permit valuation exceed $250,000,
the applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program, and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WPIPROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\COA.doc
EXHIBIT "A" - SITE LOCATION MAP
CALVARY CHAPEL NWSP 09-002
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Calvary Chapel of Boynton Beach
Development
P&Z
Building
Engineering
Occ. Llcen..
Oeputy City C....
APPLICANT'S AGENT: David Frank
APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2009
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to
modify the phased Master Plan and accommodate a temporary modular
classroom.
LOCATION OF PROPERTY: 3190 Hypoluxo Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Appl.icant
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 "C" with notation "Included".
4. The Appliqmt's application for relief is hereby
X. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
:J/:!Jf/
DATED:
{, -s--o 1
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Calvary Chapel
File number: NWSP 09-002 MPMD 09-001
Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp
ki
mar ng.
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:
1. No utility plan was included with this submittal; therefore the Utilities
Department considers this plan incomplete as submitted. However, this
project is an existing site located within the Utilities' service area, and is X
located where utility support is available. Additional comments may be
generated after a utility plan has been submitted and reviewed.
2. A building permit for this project shall not be issued until this Department
has approved the plans for the water and/or sewer improvements required to
service the proposed classroom trailer, in accordance with the CODE, X
Section 26-15.
3. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207. X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None
BUILDING DIVISION
Comments:
4. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments X
may not be generated by the commission and at permit review.
5. At time of permit review, indicate on the plans that all construction work
(excluding the DCA approval of the modular buildings factory construction)
will comply with the 2007 Florida Building Codes (FBC). X
6. At time of permit review, submit signed and sealed working drawings of the
proposed construction, including the monument sing to be constructed on X
the north end of the property.
7. At time of permit review, add a general note to the site plan that all plans
submitted for permitting shall meet the City's codes and the applicable X
building codes in effect at the time of permit application.
8. Pursuant to approval by the City Commission and all other applicable
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The plans X
must incorporate all the conditions of approval as listed in the development
order and approved by the City Commission.
9. At time of permit review, provide lighting photo metrics for the existing site
lighting and parking lot adjacent to the proposed modular buildings. X
10. Show details of required accessible ramps. Provide details of the materials
foundations, framing, slopes, cross-slopes and landing sizes of the ramps.
Show details of any proposed or existing curb ramps and detectable X
warnings. Show details of the railing system to be attached to the ramps.
Provide elevations of the ramps to show compliance with the FBC.
11. Show location of connection points for the required water and sanitary
sewer for the modular buildings. Show location of the laterals and pipe size
and material. Provide for the separation of the building underground water X
and sewer services with at least 5 feet of undisturbed or compacted earth, or
in accordance with one of the exceptions provided by the 2007 Florida
Building Code, Plumbing.
12. At time of permit review, show details of the foundation system to be
installed to support and secure the modular buildings. Provide details of
attachment ofthe chassis 0 the ground to comply with the 140 mph wind X
loading.
13. Provide verification that existing water and sewer service sizes will
accommodate the classroom units. X
14. Provide details on the source of electric service feed to the new modular
classroom buildings, the type of proposed electric service, the proposed X
voltage and ampacity, and all required grounding and bonding. Provide
DEP ARTMENTS INCLUDE REJECT
phase, total voltage and ampacity of existing service source. Service
upgrade may be required.
15. At time of permit review, show details of the modular classroom building
skirt material, method of attachment, access hatch or door an ventilation of X
the enclosed crawl space under the buildings.
16. Occupancy type is listed as "E" (Educational), but may be "a-3" (see
Section 305.1 of the FBC, Building). Correct occupancy category, if
required, and show occupant load, minimum egress requirements and X
whether the buildings will be served by a fire sprinkler system.
17. Verify that additional parking is not required and that one handicapped
accessible parking space, adjacent to the proposed modular buildings, meets X
the minimum code requirements.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
COl1Lrnents:
18. General Condition: All of the existing landscape and irrigation
improvements as shown on the original landscape plans should be evaluated
by the Landscape Architect in the field and will be inspected by the City as X
part of the landscape inspection. This statement must be placed on the sheet
L above the Existing Installed Landscape List and on page I above the Plant
List.
19. Landscape pa2e L
The applicant should provide landscape design from the existing or
proposed landscape trees / vegetation at the time of planting to visually X
buffer the existing parking lot areas and new structure from the Hypoluxo
Road right-of-way and the residents to the East and South of the site.
20. Irri2ation Plan
. Turf and landscape (bedding plants) areas should be designed on separate
zones and time duration for water conservation.
. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
21. The classroom building has too much blank wall on the east side. Install
plant material in clusters, ranging from 4' to 8' in height along this fayade to X
break up the long blank wall.
22. Add more Montgomery Palms along the front of the modular classroom X
building.
Conditions of Approval
4
I DEP ARTMENTS I INCLUDE I REJECT I
23. A traffic concurrency approval letter from Palm Beach County Traffic X
Engineering must be submitted before the issuance of any permits.
24. It is the applicant's responsibility to ensure that the master plan and new site X
plan are publicly advertised in accordance with Ordinance 04-007.
25. Should the proposed building addition's permit valuation exceed $250,000,
the applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program, and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\COA.doc
EXHIBIT "An - SITE LOCATION MAP
CALVARY (:HAPEL NWSP 09-002
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