Minutes 08-18-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, AUGUST 18,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, 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 Vice Mayor Hay
Mayor Taylor called the meeting to order at 6:31 p.m. followed by the invocation given by Vice
Mayor Hay who also led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor indicated the Utilities Department had requested Items VI.B.3 and VI.BA be
tabled until October 6, 2009.
Motion
Commissioner Weiland moved to table Items B. 3 and 4 until October 6th. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
There was also a request to add Item IX.B under City Manager's Report.
Motion
Commissioner Ross moved to add Item IX.B. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
2. Adoption
Motion
Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the
motion. The motion passed unanimously.
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II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross congratulated the Children's Schoolhouse Museum, its staff and the Board
for being voted the best children's museum in the State of Florida.
Commissioner Weiland reported he had met with the City Manager and apologized for his
outburst during the budget workshop. He extended his apology to the public that was present.
Commissioner Weiland vowed to work things out with the City Manager and continue to move
forward. Mr. Bressner thanked Commissioner Weiland for the apology.
Vice Mayor Hay thanked the Lord for prayer. He acknowledged a stimulus workshop hosted by
Senator Chris Smith that was very informative. There would be another workshop scheduled
and he encouraged everyone to attend. Vice Mayor Hay had also attended a banquet for the
Boynton Hoops, 10 and under, basketball team who are number one in the State of Florida and
number two in the nation. A certificate and plaque of appreciation were given to the City of
Boynton Beach for its support.
Vice Mayor Hay and Mayor Taylor had recently attended the 83rd Florida League of Cities
conference and received a wealth of information and materials, exchanged ideas and networked
with other city officials.
Mayor Taylor concurred the conference was very interesting. Bill Bradley, an Olympic star,
basketball player and New Jersey Senator, gave a presentation on leadership in government at
the local level. His talk keyed on integrity, courage, imagination and selflessness. Mr. Bradley
stressed that the Commission has a responsibility to the citizens and the citizens have a
responsibility to the Commission to have knowledge of the topics discussed and involvement in
the process.
Another topic was Senate Bill 360, passed in 2005, creating transportation concurrency
requiring developers to pay for impacts on the community. In 2009 exemptions were created
with no impact fees and gave developers free range. It will be brought back to the legislative
sessions in 2010. Mayor Taylor cautioned all cities to pay attention to the issue as it would
have impacts on revenue and quality of life issues.
The Taxpayers' Bill of Rights could possibly be placed on the 2010 general election ballot that
would cap all State and local budgets at the 2010/2011 level and require all new local
government revenues be approved by referendum. Mayor Taylor contended it would be a
threat to representative democracy and government's ability to respond to the needs of the
citizens. The State and local Leagues of Cities were totally opposed to the proposal.
Creation of citizen academies was strongly encouraged and Boynton Beach has developed a
City Services Institute to educate and inform citizens on the workings of the local government.
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August 18, 2009
There was also a seminar on innovative ways to address abandoned and foreclosed properties
through ordinances and code enforcement. Boynton Beach has already met with banks and
individuals to establish a system of tracking the market.
A seminar on breaking the Honest Services Fraud law and recent violations by elected officials,
staff and private sector management indicated at least a five year prison term was involved.
The number of prosecutions for violations was posed to increase in the future. Mayor Taylor
cautioned that everyone act ethically and in the Sunshine to avoid problems. Copies of the Act
would be available through the City Clerk's office.
Lastly, new election regulations restricted local governments from using funds to express an
opinion relating to any election issue. The change is noted in Senate Bill 216 and was effective
July, 2009. Governments going green was also discussed and it was noted Boynton Beach was
already involved with a green initiative.
III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS 8< PRESENTATIONS
A. Announcements:
1. Announcement of the Fall 2009 semester of the City Services Institute
Wayne Segal, Public Affairs Director, advised enrollment was ongoing for the City Services
Institute. The program begins on September 21, 2009 through November 23, 2009. It is an
opportunity for citizens to see how the City works and meet department heads and other key
people. Participation was encouraged for anyone joining an advisory board or running for
election. There would be a cost of $25 to cover all materials and a graduation dinner at The
Links.
Mr. Segal announced a representative from the Property Appraiser's Office would be present in
the Program Room, at the Library, on Wednesday, August 19, 2009, to assist with registration
for Homestead Exemptions.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Water Professionals Week - August 17 - 21, 2009
Mayor Taylor proclaimed August 17 through 21, 2009 as Water Professionals Week and
presented the proclamation to Kofi Boateng, Director of Utilities. Mayor Taylor opined the City
of Boynton Beach had the best drinking water in the area as a result of the work of water
professionals.
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2. Presentations:
None
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>
Herb Suss, 1711 Woodfern Drive, commended Commissioner Weiland for his apology to the
City Manager. He also recognized the Boynton Hoops basketball team, Children's Schoolhouse
Museum, the Boynton Beach Little League who were previously the world champs and The
Links for their awarding winning programs. All citizens should be proud of their efforts.
Floyd Zonenstein, 2620 NE 1st Court, thanked the Commission for appointing him as a regular
member of the Community Relations Board. He invited the citizens to attend the Community
Relation Board meetings on the 2nd Wednesday of each month at City Hall.
Don Scantlan, 13 Cedar Circle, Director of Programs for Workforce Alliance, reported 13
employers in Boynton Beach hired 43 youth for the summer program, working over 4,536 hours
and earning $32,891. He especially thanked the City staff for providing work experience for 12
youth. The funding was available through the Recovery Act and provided free labor for the
City.
Brian Edwards, 629 NE 9th Avenue, thanked the Commission for their comments on the
Children's Museum. Mr. Edwards is a member of the Board for the Children's Museum and
related the many awards it has received over the last 10 years. It is a State, County and City
destination place. He urged the Commission to carefully consider the needs of the Museum
during budget discussions. It can only exist in the framework of a partnership with the City.
The quality of life it provides to the City cannot be surpassed. Any cuts in staff would
drastically affect the programs offered. Using the Old High School for expansion could provide
additional revenue for the Museum. Ownership of the Old High School by a non-profit
organization would be the only way funds could be raised for renovations as a cultural center.
Commissioner Rodriguez clarified that the Children's Museum Board would be willing to assume
the Old High School. Mr. Edwards recalled there had been a partnership with the Cultural
Center Board and the Community Redevelopment Agency regarding the Old High School;
however, anticipated funding was unavailable.
Mayor Taylor agreed the Children's Schoolhouse Museum has been a gem for the City and it
has been a great partnership with the City. He was not in favor of creating another non-profit.
The property of the Old High School should be a tax base for the City. He did totally support
the Children's Schoolhouse Museum.
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No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 vr term to 12/09 (Tabled 2)
Mayor Tavlor Bldg. Bd. of Adj. & Appeals Alt 1 vr term to 12/09
IV Ross Cemetery Board Alt 1 Vr term to 12/09 (Tabled 3)
Mayor Taylor Cemetery Board Reg 3 vr term to 12/09
Weiland Code Compliance Board Alt 1 vr term to 12/09 (Tabled 3)
III Rodriguez Community Relations Bd. Alt 1 vr term to 12/10
I Weiland Education & Youth Advisory Board Alt 1 vr term to 12/09 (Tabled 2)
II Hav Education & Youth Advisory Board Stu N/V 1 vr term to 12/09 (Tabled 2)
III Rodriguez Education & Youth Advisory Board Stu 1 vr term to 12/09 (Tabled 2)
II HaV library Board Alt 1 vr term to 12/09
I Weiland library Board Alt 1 vr term to 12/09 (Tabled 2)
III Rodriguez Planning & Development Bd. Alt 1 vr term to 12/09
Motion
Vice Mayor Hay moved to table all appointments. Commissioner Weiland 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 - August 4, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve purchase of 24 Panasonic ToughBook Computers from More
Direct in the amount of $42,994.80 to replace existing laptops used by
police officers.
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2. Award a contract for RFP #078-291O-09jJA, "TWO YEAR LEASE FOR
CONCESSION OPERATIONS AT THE BOYNTON BEACH "LINKS" GOLF
COURSE to Ala Carte Golf Services, Inc., of Lake Worth, FL with a
monthly lease payment of $.075 per paid round (Approx. $512.50jmo.).
(Proposed Resolution No. R09-115)
3. Approve piggyback on the 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 $1,967,947.88 with a
10% contingency of $196,794.79 for a total project cost of
$2,164,742.67. (Proposed Resolution No. R09-116)
4. Approve piggyback on 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 $256,314 with a 15%
contingency of $38,447 for a total project cost of $294,761.10.
(Proposed Resolution No. R09-117)
C. Resolutions
1. Proposed Resolution No. R09-118 RE: Approving and
authorizing execution of Task Order No. U09-15-05 with AECOM, Inc. for
a "not-to-exceed" amount of $561,496 for design, bidding and
construction management services on Section A of the Wellfield
Interconnection pipeline with an owner's contingency of $5% in the
amount of $28,075, for a total cost of $589,571.
2. Proposed Resolution No. R09-119 RE: Approving and
authorizing execution of Task Order No. U09-3-08 with Brown and
Caldwell, Inc. for a "not-to-exceed" amount of $423,816 for design,
bidding and construction management services on Section C of the
Wellfield Interconnection pipeline with an owner's contingency of $5% in
the amount of $21,191, for a total cost of $445,007.
3. Proposed Resolution No. R09-120 RE: Amending a "Five
Year Contract for Financial Auditing Services" with the City's independent
auditor, Nowlen, Holt & Miner, P.A., Certified Public Accountants,
acknowledging a change in services and $7,000 per year increase in
compensation.
4. Proposed Resolution No. R09-121 RE: Ratifying the action of
the South Central Regional Wastewater Treatment and Disposal Board at
their meeting on July 16, 2009.
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b.
Accept the 2009/2010 Wastewater and Reclaim O&M Budgets and
Wastewater Repair and Replacement Expenditures.
Authorize the maintaining of the user rate in Fiscal Year 2009-
2010 for wastewater in the amount of $.9977/1,000 gallons for
Operations and Maintenance and $.1940/1,000 gallons for
Reserves bringing the total to $1.1917/1,000 gallons.
Authorize the Board to establish a reclaim user rate to consumers
(Boynton, Delray, and South Central Plant) for Fiscal Year
2009/2010 as follows: $0.16549/1,000 gallons.
Accept the 2009/2010 Organizational Chart; including the
Laboratory Technician Job Description.
a.
c.
d.
5. Proposed Resolution No. R09-122 RE: Approving and
authorizing execution of an Interlocal agreement between Palm Beach
County and the City of Boynton Beach for interconnection to the Palm
Beach County Network for the purpose of utilizing the County as the
City's Internet Service Provider and to gain access to the Florida
LambdaRail network resources.
D. Increase the blanket purchase order to Communication Service of South Florida
from $24,998 to $35,000.
E. Authorize members of the City Commission to attend the 2009 Institute for
Elected Municipal Officials, October 2-4, 2009 at the Marriott Boca Raton.
Commissioner Ross pulled Item VI.E. for discussion.
F. Approve the Arts Commission recommendation to purchase a sculpture from the
Avenue of the Arts year long, on loan program for $4,000 as a permanent
display in the City.
Commissioner Ross pulled Item VI.F. for discussion.
G. Accept the "Analysis of Revenues & Expenditures (General Fund & Utility Fund)
for the nine months ended June 30, 2009.
H. Approve reclassification/downgrade of the Administrative Secretary position
(Grade 11) in the City Manager's Office to an Administrative Associate (Grade
10).
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of Items E.
and F. Vice Mayor Hay seconded the motion. The motion passed unanimously.
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VI.E. Authorize members of the City Commission to attend the 2009 Institute for Elected
Municipal Officials, October 2-4, 2009 at the Marriott Boca Raton.
Commissioner Ross would be attending the event and inquired if others were. Mayor Taylor
highly recommended attendance for those who are continuing their career as elected officials.
Vice Mayor Hay advised he was also attending.
Motion
Commissioner Ross moved to approve Item VI.E. Commissioner Weiland seconded the motion.
The motion passed unanimously.
VI.F. Approve the Arts Commission recommendation to purchase a sculpture from the Avenue
of the Arts year long, on loan program for $4,000 as a permanent display in the City.
Commissioner Ross pulled the item to bring it to the attention of the audience. Mayor Taylor
noted the price was originally $8,000.
Motion
Commissioner Ross moved to approve Item VI.F. Commissioner Weiland seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE 8< 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.
A.
Project:
Land Development Regulations - Rewrite Group 7 (CDRV
09-004>
City-initiated
A portion of Group 7 deliverable, pursuant to the LDR Rewrite
Work Schedule, which includes Chapter 2, Article I Overview and
Article II Planning and Zoning Division Services; and an
amendment to Group 5, to add "green" provisions to Chapter 3,
Article V Supplemental Regulations.
Agent:
Description:
Eric Johnson, Planner II, explained the Group 7 Rewrite dealt with all the processes of the Land
Development Regulations and particularly Articles I and II and additional "green" provisions in
the supplemental regulations. A table was created delineating the processes to assist
developers and homeowners making improvements. Various application updates were reviewed
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and the processes to make it more user-friendly and green-friendly. He requested that the
conceptual draft be approved.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Ross commended staff for being proactive and including the green incentives.
Motion
Commissioner Ross moved to approve Land Development Regulations Rewrite - Group 7. Vice
Mayor Hay seconded the motion. The motion passed unanimously.
Attorney Cherof administered an oath to all those intending to testify.
B.
Project:
Agent:
Owner:
Location:
Description:
Boynton Lofts (SPTE 09-006)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
East Side Lofts, LLC
623 South Federal Highway
Request for a fourth one-year site plan time extension for a new
site plan (NWSP 05-008) and height exception (HTEX 05-001)
approved on April 19, 2005 and modified by minor site plan
modification (MMSP 07-038), thereby further extending approval
from April 19, 2009 to April 19, 2010.
Ed Breese, Principal Planner, reviewed the request for a fourth site plan time extension. The
project consisted of 48 condominium units and office and retail space. A height exception had
been requested to accommodate a stair tower on the roof. The development has been delayed
due to the downturn in the residential market. He noted the Palm Beach County Traffic
Performance approval letter expired in 2008 and would have to be updated. The area was
rezoned in 2006 to a Mixed Use Low 2 and the planned development exceeds the maximum
density. Staff determined the proposed density would have no adverse impact on the
surrounding properties. Approval of the request was recommended.
Bradley Miller, Miller Land Planning Consultants, indicated the issue was based on financing
and lack of pre-sales. There was agreement with the staff report and conditions of approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Mayor Taylor disclosed he had met with Mr. Miller regarding other issues and it was only
mentioned that the two items were on the agenda for the meeting.
Commissioner Weiland opined it was best to continue the time extension in hopes the economy
would improve. Commissioner Rodriguez inquired if any other developments had requested four
extensions. Mr. Breese recalled at least one other project was near the opportunity for a fourth
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August 18, 2009
extension. Mayor Taylor indicated the banks were not lending money and tightening the
criteria for loans.
Motion
Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion
passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Aspen Glen (SPTE 09-009)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC/Leonard Albanese, Managing
Member
7216 Lawrence Road, east side of Lawrence Road, approximately
1,000 feet south of Hypoluxo Road.
Request for a second one-year site plan time extension for a new
site plan (NWSP 06-025) approved on November 21, 2006 thereby
further extending site plan approval from May 21, 2009 to May
21, 2010.
Description:
Mr. Breese reviewed the request for a site plan time extension for a project involving 45 single-
family detached, zero lot line dwelling units. Limitation of sales and financing due to market
conditions restricted development activity. Utility and right-of-way permits are currently under
review. The plat is pending approval. Concurrency requirements have been updated with a
build-out date of the project of 2013. Approval was recommended with the conditions of
approval.
Mr. Miller added to his previous remarks that the original developer had allowed the property to
go back to the bank and it had been purchased by another investor. The single-family concept
may be better suited for the current economy.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. The
motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Authorize the City Manager to sign verification documents in support of tax credit
application on behalf of the Auburn Group for development of Palm Cove
development. (Proposed Resolution No. R09-123)
Mr. Bressner explained the request and located the proposed development on South Federal
Highway in the Community Redevelopment Agency area. The proposal was for 144 units of
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Boynton Beach, FL
August 18, 2009
affordable senior rentals. With the City's concurrence, Auburn Group can apply for low income
housing tax credits. The impact is the City has to certify that the property is properly zoned,
has utilities, roadway infrastructures are in place and provide an in-kind contribution of a credit
in the amount of $200,000 by waiving the public art fee of $133,928 and a 50% reduction in
the park and recreation fee of $66,528 since onsite recreational activities would be part of the
development.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
B. Authorize the City Manager to sign verification documents in support of tax credit
application on behalf of the Auburn Group for development of Quantum Village
development. (Proposed Resolution No. R09-124)
Mr. Bressner reported the Commission had previously approved the project. The property
owner has now agreed to sell the property located on Gateway Boulevard across from Boynton
Beach High School. There would be 100 affordable senior-rental units. This would be an
update of the 2008 application. The proposed formula would include waiving the public arts fee
of $109,260, a two-thirds reduction of the park and recreation fee of $31,400 and the balance
would be a tipping fee credit.
Allen Scnib, Auburn Group representative, responded the target is for 100 units, designated
for seniors, at 60% below the area median income, west of 1-9S.
Motion
Commissioner Ross moved to approve. Commissioner Weiland seconded the motion. The
motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION 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,SOO/SOl(c)(3)
Discussion.(Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
B. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification from Medium Density
Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to
December 1, 2009)
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August 18, 2009
C. 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) (Tabled to December 1, 2009)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-038 Re: Abandoning the legal
description and sketch for the south edge of Las Ventanas development
to allow the Board of County Commissioners of Palm Beach County, FL,
and the developer of Las Ventanas to expand Woolbright Road for
roadway purposes only. (Tabled on August 4,2009)
Motion
Commissioner Ross moved to remove from the table. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
Attorney Cherof read proposed Ordinance No. 09-038 by title only on first reading.
Mayor Taylor commented the intent was to allow the County to move the traffic light by the
railroad crossing further east.
Motion
Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
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Boynton Beach, FL
August 18, 2009
None
E. Other:
1. Report on Figueroa property.
Attorney Cherof reported the Commission could release the liens on the property or it could
subordinate the liens. There are restraints on the ability of the City to loan money that it has
obtained through SHIP funding from the State. The City's own program has recapture
provisions at the time of sale for the money to be given back to the City or the new property
owner retain the encumbrance on the property. Staff recommends that the funds be
subordinated rather than released.
Commissioner Rodriguez reported he had visited the property along with the City Manager and
staff. Many things had contributed to the current situation, but there were workmanship
deficiencies that could have strongly contributed to the current issues. Commissioner Rodriguez
was in favor of releasing the liens.
Commissioner Weiland felt subordinating the liens as suggested by the City Attorney would be
the better alternative without opening a Pandora's box of future problems. Vice Mayor Hay
supported Commissioner Rodriguez's recommendation with their contractor. Commissioner
Ross wanted assurances that this was an exceptional situation. Vice Mayor Hay agreed. Mr.
Bressner reported there were two contractors. One responded to the complaints and the other,
Sunban Builders did not.
Maria Figueroa, 1630 NW 3rd Lane, thanked the Commission for their effort and disposition.
Attorney Cherof remarked, by subordinating the liens, the integrity of the program is preserved
and the homeowners are free to go out and obtain loans.
Motion
Vice Mayor Hay moved to subordinate the liens with the Figueroa family. Commissioner
Rodriguez seconded the motion. The motion passed unanimously.
2. Update on Mall Agreement/Special events
Attorney Cherof explained he had drafted an agreement with the mall and requested the
Commission decide if they want to allow events for boat sales, motor vehicle sales or
recreational vehicle sales. Commissioner Rodriguez did not want to allow continuous vehicle
sales. Commissioner Ross inquired if the permit requests would be expedited. Mr. Bressner
stressed the applications had to be timely filed for each event. Mayor Taylor suggested
language be added that of the twelve annual events, no more than two would be for the sale of
motor vehicles, recreational vehicles or boats.
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August 18, 2009
Motion
Commissioner Ross moved to approve with the additional language suggested. 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 7:53 p.m.
CITY OF BOYNTON BEACH
ATTEST:
Ronald Weiland, Commissioner
(uMa
dith A. Pyle, CMC
eputy City Clerk
14
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Aspen Glen PUD
Ce.elopment
P&Z
BUilding
Engineering
IEEe. Llcen.e
.... ClIfiCfe'k
APPLICANT'S AGENT:
Bradley Miller, AICP, Miller Land Planning Consultants. Inc.
--
AGENT'S ADDRESS:
1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 18. 2009
TYPE OF RELIEF SOUGHT: Request approval of a second Site Plan Time Extension for 45 single-
family zero lot line homes on 9.34 acres in a PUD zoning district.
LOCATION OF PROPERTY: Lawrence Road and 71'\ Lane South
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 Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff. or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4.
The Applic;;lnt'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:
8"-c!J./-o9
S:IPlanningISHAREDlWPIPROJECTSlAspen GlenlSPTE 09.009IDO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Aspen Glen PUD
File number: SPTE 09-009
Reference"
I DEPARTMENTS I INCLUDE ! REJECT II
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
FORESTERJENVIRONMENTALIST
Comments: None X
Conditions of Approval
?
-
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The site plan time extension is subject to all previous conditions of approval X
for this project.
2. In order to ensure capacity will be available when Ihe developer is ready to X
move forward, the applicant shall pay the utility reservation fee.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. LfI-~A'
S:\PJanning\SHARED\WP\PROJECTS\Aspen Glen\SPTE 09-009\COA.doc
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EXHIBIT C
MILLER
LAND
PLANNING
CONSULTANTS, INC.
1501 Corporate Drive
Suite #240
Boynton Beach, FL 33426
PHONE. 561.736.8838
FAX. 561.736.8079
May 15, 2008
Mike Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
~~@~OWrg@
MAY 1 8 2009
PLANNING AND
ZONING DEPT.
RE: Aspen Glen - Site Plan TIme Extension
Dear Mike:
On behalf of the owner, Iota Gold. LLC, this letter is to requesf a one year time extension for the
site plan approval on the Aspen Glen project. The City Commission granted site plan approval
on November 21,2006 and then granted a one year fime extension on September 18, 200B from
May 21. 2008 to May 21. 2009. Since then, the property has continued to be marketed however
the limitations of financing and sales have restricted any development activity. Extending the Site
Plan approval from May 21 . 2009 to May 21, 2010 will allow for better marketing.
It should be noted that in addition to the Site Plan approval. the project has applied for and in
some instances have been issued various land development permits. The status of the permits are
summarized below.
Right-of-way and Utility Permits for Palm Beach County were initially submitted in June, 2006
and was conceptually approved in December 2006. The last resubmittal was April 2008
and all comments were addressed so issuance of the permits can be provided once we
submit a check in the amount of $355,00 for the ROW permit and $243.00 for the UTILITY
permit. Also, there is a DRAINAGE REVIEW FEE in the amount of $1.150.00 that is also due,
The NPDES compliance permit was approved by the Florida Department of Environmental
Protection on August 2006 and expires August 2. 2011.
The water use permit was approved by SFWMD in April 2007 and expires January 29. 2013.
Boynton Beach Utility Permit was issued in January 2008 and expires January 29.2013.
The LWDD permit was renewed in March 2008 and expired in February 2009.
Boynton Beach Engineering permit is pending plat approval which was submitted in July
2007. There are a few minor comments to resolve before receiving plat approval.
We appreciate your understanding of this request. Enclosed is a check in the amount of $500 for
processing fees. Please contact me if additional information is required.
Sincerely,
M~ PLANNI~ CONSULTANTS, INC.
~~1~ _
Bradley D. Miller./f-ICP
President
cc: Rick Edlund
Iv,'",f",\:... ~ :,',pp.:. jECTS',A:pen '~~ien BO',Tlior, Geoch ,P-,MTPU:TPROJc:::T FDLDEP;: ,., ;;ubmittat" 1- Tim"-: E-'teminrl ._'USili,C::lT:0r.:;Cl18m<sn;.wr..,j
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Dec. Licente
O.puty.....l:I..k
PROJECT NAME: Boynton Lofts
APPLICANT'S AGENT: Bradley Miller- Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 1501 Corporate Drive. Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 18, 2009
TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension
LOCATION OF PROPERTY: 623 South Federal Hwy.
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 Applicant
v' 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 Appli~t'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:
8' -& (-of:!
.fJ~
City Clerk
S;IPlanningISHAREDlWPIPROJECTSIBoynton Lofts\SPTE 09lDO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Lofts
File number: SPTE 09-006
Reference:
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
FORESTER/ENVIRONMENTALIST
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PLANNING AND ZONING
Comments:
I. The approval of the Site Plan Time Extension is subject to the conditions of X
approval of the original site plan approval and subsequent mmor
modification approval.
2. Prior to submission of permil application, the applicant shall submit an X
updated traffic approval letter from Palm Beach County and the required
utility reservation fee to ensure adequate capacity exists for the project.
3. An application for major modification of the site plan shall be processed only X
after, or in conjunction with, the rezoning of the property from MU-L to
MU- L2, consistent with the redevelopment vision ofthe City.
4. Prior to submission of permit plans, the applicant shall revise the building X
facades to provide additional architectural enhancements, more in keeping
with the oriJtinally approved design.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S;\PJanmng\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 09\COA.doc
EXHIBIT "A" - SITE LOCATION MAP
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