Minutes 09-14-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON MONDAY, SEPTEMBER 14, 2009
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Woodrow L. Hay, Vice Mayor James Cherof, City Attorney
Ron Weiland, Commissioner Janet Prainito, City Clerk
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
Mayor Taylor called the meeting to order at 6:31 p.m. followed by the invocation given by
Commissioner Jose Rodriguez and the Pledge of Allegiance to the Flag led by Commissioner
Marlene Ross.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor announced an addition of Item B under Code Compliance and Legal Settlements
and an Item Q under Consent Agenda to authorize use of his Community Investment Funds for
$1,000 to the Community Caring Center, $1,000 to the Women's Circle, $1,500 to the Friends of
the Library, $1,000 to Headstart and $1,500 to the Woman's Club. There was also a deletion of
Item 2 under XII. Legal, Other.
2. Adoption
Motion
Commissioner Weiland moved to approve the agenda as amended. Commissioner Ross
seconded the motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
Public Hearing on Fire Assessment
a. Adoption of Proposed Resolution No. R09-128 Re: Relating to the
provision of Fire Rescue Services, facilities and programs in the City of Boynton
Beach, Florida imposing fire rescue assessments against assessed property
located within the City of Boynton Beach for the fiscal year beginning October 1,
2009; approving the rate of assessment; approving the assessment roll; and
providing an effective date.
1st Budget Public Hearing for Fiscal Year 2009/10
a. Proposed Resolution No. R09-129 Re: Adopting the
Proposed Millage Rate for Fiscal Year 2009/10
b. Proposed Resolution No. R09-130 Re: Adopting the
Tentative Budget for Fiscal Year 2009/10
Attorney Cherof read Proposed Resolution No. R09-128 by title only. A representative from
GSG, the Consultant retained by the Commission, gave a brief overview of the content of the
resolution containing all the aspects of the Fire Assessment program.
Jason Bucholtz, representative of Government Services Group, explained the program started
in 2001/2002 timeframe and became effective November, 2002. Updates were made last year
and no changes had been made from those accepted by the Commission. The preliminary
assessment resolution was adopted in July, 2009 and indicates the methodology used. In
August 2009 notices were mailed to any newly affected property owners. Residential properties
are assessed on a per unit basis. Non-residential properties are divided into groups,
commercial, industrial/warehouse, institutional and nursing home properties assessed on a
square foot basis. The same exemptions applied and there would be a continuation of the
hardship program. The rates for 2009/2010 for residential properties would be $68 per
dwelling unit and non-residential rates are commercial, 16~ a square foot; industrial/warehouse,
4~ per square foot; non-residential, 17~ a square foot and nursing home property, after buy-
down, would be 17~ a square foot. Estimated net revenue would be $3.3 million.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public audience.
Commissioner Rodriguez questioned the rounding factor. Mr. Bressner responded the $348,000
were the six firefighter positions to be funded out of the fire assessment fund.
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Motion
Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. The motion
passed unanimously.
Attorney Cherof read Proposed Resolution R09-129 by title only.
Mr. Bressner recalled the tentative millage rate of 7.3 mills that had been set in July. He
reviewed a study done by staff on the decrease in the 2008 and 2009 property values and
impact of the 7.3 millage based on the August 2009 TRIM notices. Neighborhoods were
selected from all four quadrants of the City with a mix of new and old neighborhoods and
housing styles. Of the 189 properties selected, there was a mix of homesteaded and non-
homesteaded properties also. The 2008 taxable value of all properties were $32.4 million and
in 2009 the value dropped to $25.3 million. Overall, the City taxable value dropped 18.5%.
Ten of the 13 neighborhoods had a decline in the City taxes based on the tentative millage rate.
The total proposed taxes for the group declined $24,000. The sample group had 60% with a
reduction in taxes and 40% would have increased taxes. An increase of less than $100 was
calculated for 45% of the property owners, 8% would have an increase between $201 and
$300 and only 4 would have a $300 increase in their taxes. A projected 12% decrease in
taxable value was anticipated for next year, mainly in commercial and industrial properties
based on high vacancy rates. The market value of residential properties was projected to drop
also and the statute required if the market value dropped below the taxable value, then the
taxable value is required to be reduced as well.
With respect to the budget changes since the July budget meeting, slides in State shared
revenues remains a concern and Mr. Bressner suggested another $200,000 be cut from
projected revenues. The current litigation relating to the red light cameras would indicate the
anticipated revenues be cut from the budget also. The policy direction to transfer monies to
the CRA for the police coverage would be handled by a reduction in revenues.
On the positive side, the COPS grant increased by $617,000 and utilization of the fire
assessment funds for the six firefighters results in a $348,000 benefit to the City. The savings
for the four-day work week was reduced by $10,000. The impact of decreasing the rate of
filling any vacant positions would result in a $250,000 savings. The elimination of the longevity
program and the reduction of two holidays had to be added into the budget because the police
and fire collective bargaining units would not agree to reopen negotiations on those issues.
The net impact to the General Fund would be $1.3 million less.
Commissioner Weiland recalled the issue relating to the executive deferred compensation funds
of $123,000. Mayor Taylor reiterated his position that the deferred compensation was included
in the hiring contract as an incentive to work in Boynton Beach. It was a valuable recruitment
tool and should not be taken away from those who were hired under those conditions.
Commissioner Rodriguez indicated sacrifices were made by all the employees and the deferred
compensation benefit for top management was a bonus program because it had no impact on
paychecks and would set a leadership example for stewardship.
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Motion
Commissioner Rodriguez moved to eliminate the deferred executive bonus program.
Commissioner Weiland seconded the motion. The motion passed 3-2. (Mayor Taylor and Vice
Mayor Hay dissenting)
Commissioner Rodriguez revisited his suggestion that an additional 25% be taken off of
business meetings and memberships line items. Mr. Bressner indicated he had already reduced
those items for all departments.
Motion
Commissioner Rodriguez moved to reduce business meetings, publications and memberships by
another 25%. Commissioner Weiland seconded the motion.
Vice Mayor Hay asked for Commissioner Rodriguez's rationale for further reduction. The City
Manager had previously made an analysis and reductions. Commissioner Rodriguez suggested
$150,000 would be sufficient and force the employees to manage their resources. Mr. Bressner
noted he had cancelled a conference and each department was analyzed and cuts made
accordingly. It was not an across-the-board cut. Those type of cuts were only done for cell
phones and car allowances and were included in the original budget discussions. Mayor Taylor
did not agree with any further arbitrary reduction. Commissioner Ross recalled extensive
discussion on the issue at the July workshops and there was consensus at that time.
Commissioner Rodriguez felt $100,000 in memberships was outrageous and Mr. Bressner
disagreed. Mayor Taylor suggested many were required to maintain aspects of their positions.
Commissioner Weiland stressed some could be accessed online also.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting)
Mayor Taylor opened the issue for public hearing.
Mike Osborn, Coelbes Avenue, steward for the SEIU Blue Collar Union, reported all employees
recognize the economic situation and are willing to give up wage increases and certain
reductions. He appreciated the response of the Commission to not reduce wages. He stressed
that many employees of the City also reside in the City and a reduction of benefits and
increased taxes create double losses for those employees. Mr. Osborn suggested the City
further investigate the possibility of paying for mileage rather than car allowances to save
money. He pointed out employees hired under the civil service contracts have seen many of
the benefits established when they were hired taken away. Cell phones that are distributed
cost $40 per phone, allowances are $50 to $125. Other companies offer phones for as little as
$20 a month. Mr. Osborn indicated the unions were never asked for suggestions on budget
cuts. Requests were being made to reduce the number of holidays and require employees to
pay more for medical benefits and eliminate longevity pay while the deferred compensation was
allowed to remain. The core values of the City are not being upheld by management while the
employees are being asked to take more and more cuts. Mr. Osborn's department would
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operate under budget for the current fiscal year. He urged the Commission to remember the
employees are working everyday for the benefit of the citizens and should not have to endure
wage and benefit reductions plus tax increases.
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, spoke as a resident and a realtor. She
discussed the impact of the economic crisis on the real estate market and realtors and
requested the Commission be cautious in spending. She stressed realtors would lead the
country out of the recession and result in increased revenues for municipalities.
Jane Stroschein-Rousseau, Government Affairs Chair of the Realtors Association of the Palm
Beaches, realized maintaining the millage rate would result in major cuts and a difficult choice.
However, raising taxes would be an unsound choice in the current economy. Deep cuts may be
necessary temporarily. Many fees were increasing and a higher tax rate will slow down any
recovery efforts. She urged the Commission to keep the millage rate the same as last year.
Warren Timm, NE 26th Avenue, a previous business owner, stressed a common goal was
needed to protect the employees and residents.
Chuck Highley, owner of US 1 Self-Storage on Federal Highway, reported his assessed value
decreased and his gross revenues had decreased. Any increases in taxes would put him out of
busi ness.
John Miksim, representing the Palm Beach County Board of Realtors, added new businesses
could not be attracted to an area where the millage rate was so high. A closer analysis of
spending practices was needed for not only this year, but also next year. Businesses were
going elsewhere and foreigners were not coming to the area due to the tax rates.
No one else coming forward, Mayor Taylor closed the public audience.
Commissioner Rodriguez clarified the differences in the schedules presented. Mr. Bressner
noted with the latest changes and elimination of the $912,000 contingency, the millage rate
would be 7.046 while retaining $772,000 as a reserve against deteriorating revenues.
Commissioner Rodriguez noted if the debt service for the new police facility was eliminated, the
millage rate would fall to 6.7 mills. It may not be the right time to build a new police station.
Commissioner Weiland cautioned opportunities may pass as the economy improves and prices
increase. Committing the City to further debt may not be appropriate at this time when the
money could be used for preparing for next year's budget. Options for City Hall, Police facility,
Public Works, and Animal Control need to be carefully studied. Commissioner Ross indicated
four proposals had been submitted and the window of opportunity may not continue. She
wanted to review the proposals before any decision was made. Commissioner Rodriguez
suggested a referendum be added to the March ballot relating to a new Police facility and City
Hall.
Vice Mayor Hay supported the referendum on the new Police facility. Mr. Bressner clarified the
differences in the various models suggested. Based on the information garnered, the 7.3
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millage rate would be reduced to 7.04. Elimination of the debt service of $1.8 million would
translate to a millage reduction of .3078 to 6.726 mills.
Motion
Commissioner Rodriguez moved to defer the $1.1 million debt service and include the issue as a
referendum on the March ballot for the voters to decide. Commissioner Weiland seconded the
motion.
Mayor Taylor indicated he agreed with the referendum. He questioned if the referendum
passed, how would the debt service then be funded? Mr. Bressner advised if bonds were
authorized, a further tax would be assessed.
The motion passed unanimously.
Commissioner Weiland developed the fact the language of the referendum would have to be
approved by the Commission by ordinance with two readings.
Motion
Vice Mayor Hay moved to adopt the 6.726 millage rate. Commissioner Ross seconded the
motion.
Attorney Cherof reminded the Commission that each time the millage rate was reduced it
became the new ceiling and the rate could not increase.
Commissioner Weiland advised he would vote in favor of 6.726 mills as a result of compromise
on all sides and he appreciated everyone's time and effort to work together.
Commissioner Rodriguez advised he would vote in favor of 6.726 with the knowledge that there
is yet another opportunity to lower the rate further.
Mayor Taylor emphasized the $772,000 contingency would be intact.
The motion passed unanimously.
Motion
Vice Mayor Hay moved to adopt Proposed Resolution R09-129. Commissioner Ross seconded
the motion. The motion passed unanimously.
Attorney Cherof read Proposed Resolution No. R09-130 by title only and advised the numbers in
the resolution would change based on the millage adopted.
Mayor Taylor opened the issue for public hearing. No one came forward.
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Motion
Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS &: PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. 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>
No one came forward. Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
I Weiland Arts Commission Reg 3 yr term to 12/11
Motion
Commissioner Weiland moved to move Dana Cook from an alternate to a regular member of
the Arts Commission. City Clerk Prainito advised the regular appointment was not vacant and
should not have appeared on the agenda.
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09
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Mayor Tayior Bldg. Bd. of Adj. & Appeals Ait 1 yr term to 12/09 (Tabled 3)
I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 2)
Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 3)
II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2)
IV Ross Community Relations Bd. Reg 3 yr term to 12/10
III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 3)
Motion
Commissioner Ross moved to appoint alternate Lloyd McCoy to a regular member of the
Community Relations Board. Commissioner Weiland seconded the motion. The motion passed
unanimously.
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09
II Hay Library Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Library Board Alt 1 yr tenm to 12/09
III Rodriguez Planning & Deveiopment Bd. Alt 1 yr term to 12/09 (Tabled 3)
Motion
Commissioner Rodriguez moved to appoint Warren Timm as an alternate on the Planning and
Development Board. Vice Mayor Hay seconded the motion. The motion passed unanimously.
Mayor Taylor Recreation & Parks Adv. Bd. Reg 3 yr term to 12/10
I Weiland Recreation & Parks Adv. Bd. Reg 3 yr term to 12/11
Motion
Mayor Taylor moved to appoint Corey Cook as a regular member of the Recreation and Parks
Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously.
Commissioner Weiland noted although Mr. McVey had missed four meetings he was an asset to
the Recreation and Parks Advisory Board and moved to re-appoint Jack McVey. Mayor Taylor
would not support the appointment due to the lack of attendance by Mr. McVey.
Motion
Commissioner Weiland moved to appoint Thomas Gresh as a regular member of the Recreation
and Parks Advisory Board. Commissioner Ross seconded the motion.
Commissioner Weiland clarified he was withdrawing re-appointment of Jack McVey and appointing
Thomas Gresh.
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Boynton Beach, FL September 14, 2009
The motion passed unanimously.
Commissioner Ross interjected an informational item. She announced an update on the stimulus
funding revealed many opportunities including a local youth mentoring initiative and an energy
efficiency and conservation block grant of $240,000 had been awarded.
Commissioner Rodriguez recognized many of the Commissioners had attended the Children's
Schoolhouse Museum fundraiser. It was an exciting event and he imagined the possibilities of the
Old High School. He commended Mayor Taylor for dancing with an autistic child and creating a
special moment for the little girl and all those who attended. Commissioner Ross agreed it was a
touching moment.
Mayor Taylor announced he, Vice Mayor Hay and Commissioner Ross attended the Palm Beach
County literacy luncheon where Boynton Beach was recognized for its in-house literacy program to
train employees. West Palm Beach has commenced a similar program. Commissioner Ross has
been appointed the City's liaison for all literacy issues within the City.
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 - September 1, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award piggyback of Palm Beach County Annual Traffic Signal
Construction Contract project #2009055 which was awarded to Gerelco
Traffic Controls, Inc. of Port St. Lucie, FL for the construction of the
traffic signal at the intersection of Gateway Boulevard and Quantum
Boulevard for a total cost of $248,887.28, which includes a 5%
contingency. (Proposed Resolution No. R09-131)
2. Approve purchase of 26 Panasonic ToughBook computers from More
Direct in the amount of $46,577.70, replacing the existing laptops that
are currently out of warranty.
Commissioners Weiland and Rodriguez pulled Item VLB.2 for discussion.
C. Resolutions
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Boynton Beach, FL September 14, 2009
1. Proposed Resolution No. R09-110 RE: Approving the
amendment of Resolution R09-110 to reflect the Florida Housing Finance
Corporation's interpretation of its recapture requirements to bring them
in line with FHA standards.
2. Proposed Resolution No. R09-132 RE: Approving and
authorizing execution of an application and agreement for Library State
Aid Grant.
3. Proposed Resolution No. R09-133 RE: Approving the
subordination of the City of Boynton Beach mortgage for Wendell
Warren, residing at 2071 N.W. 2nd Street
4. Proposed Resolution No. R09-134 RE: ApproVing and
authorizing execution of an agreement with Counseling Services
Institute, Inc., (CSI), the City's current Employee Assistance Program
(EAP) provider, for confidential profeSSional employee assistance services
to the City of Boynton Beach employees and their dependents, for an
estimated annual expenditure of $10,800.
5. Proposed Resolution No. R09-135 RE: Approving and
authorizing execution of Amendment No. 2 to Task Order U08-01-05 for
ARCADIS U.S., Inc. in the amount of $185,700 with a 5% contingency of
$9,285 for a total expenditure of $194,985 for engineering services for
the replacement of the vacuum filter at the East Water Treatment Plant.
6. Proposed Resolution No. R09-136 RE: Approving and
authorizing execution of a three year lease agreement between the City
of Boynton Beach and Ellie's Catering, Inc. for the concession operations
at the City Library Cafe; authorizing staff to act as general contractor to
construct the improvements and award purchase orders to the lowest
bidders per trade; approve a construction budget in the amount of
$104,452 plus a 10% contingency plus $48 for a total project budget of
$115,000; authorizing an interfund loan at the annual rate of 3%;
authorizing amendment to the City Capital Improvement Plan for fiscal
year 2008/2009.
7. Proposed Resolution No. R09-137 RE: Approving and
authorizing execution of a contract with Special Teams LLC (Donna
Brosemer) for completion of annexation project via Interlocal Service
Boundary Agreements (ISBA), Educational Advisory Board Services,
Economic Development Program support and for other activities as
authorized by City Manager or requested by the City Commission.
D. Approve the return of cash surety for site-restoration on the Estates of Heritage
Club PUD, in the amount of $26,554.
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Boynton Beach, FL September 14, 2009
E. Approve the updated Library Long Range Plan for 2009-2012.
Commissioner Ross pulled Item VI.E. for discussion.
F. Accept the written report to Commission of purchases over $10,000 for the
months of July and August, 2009.
G. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility
Fund) for the eleven months ended August 31, 2009.
H. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" and allow for the auction of
the items.
I Authorize the use of $1,000 for the Community Caring Center, $350 for the
Caridad Center and $1,000 for the Schoolhouse Children's Museum from
Commissioner Ross's Community Investment funds.
J. Authorize the use of $2,400 from Commissioner Weiland's Community
Investment Fund to assist The Dancer's Alchemy, Inc. and $2,500 for the Jayne
E. Miller Nursing Scholarship Fund.
K. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund
to assist the Schoolhouse Children's Museum and $800 for the Boynton Woman's
Club.
L. Authqrize the use of $1,500 to The Children's Fund/Hispanic Human Resources
Council from Commissioner Rodriguez's Community Investment Fund.
M. Authorize the use of $1,750 from Commissioner Rodriguez's Community
Investment Fund to assist the Colonial Club Section I and II with re-Iandscaping
of Clubhouse and pool.
Mayor Taylor pulled Item VI.M. for discussion.
N. Authorize the use of $825 for the Community Caring Center and $825 for the
Caridad Center from Commissioner Rodriguez's Community Investment Funds.
O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner
Rodriguez's Community Investment Funds.
Mayor Taylor pulled Item VI.O. for discussion.
P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from
Commissioner Rodriguez's Community Investment Fund.
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Boynton Beach, FL September 14, 2009
Mayor Taylor pulled Item VI.P. for discussion.
Motion
Vice Mayor Hay moved to approve the Consent Agenda with the exception of those items pulled
for discussion. Commissioner Ross seconded the motion. The motion passed unanimously.
VI.B.2 Approve purchase of 26 Panasonic ToughBook computers from More Direct in the
amount of $46,577.70, replacing the existing laptops that are currently out of warranty.
Commissioner Weiland inquired if replacement was based solely on the expiration of the
warranty and if repairs were feasible to delay the additional cost. Chief Immler explained the
computers to be replaced would require more repairs than the expense of new laptops. They
are the car computers and are about eight years old.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
VI.E. Approve the updated Library Long Range Plan for 2009-2012.
Commissioner Ross noted the Long Range Plan enabled the Library to apply for State Aid
grants. It is a three-year rolling plan updated yearly and approved by the Commission. The
entire City should be proud of the Library and Commissioner Ross commended Craig Clark,
Director, and his staff. The grants brought additional library resources to the community and
the technology plan expenses were all addressed in existing budget requests. The plan did not
request any additional funding.
Motion
Commissioner Ross moved to approve. Commissioner Weiland seconded the motion. The
motion passed unanimously.
VI.M Authorize the use of $1,750 from Commissioner Rodriguez's Community Investment
Fund to assist the Colonial Club Section I and II with re-Iandscaping of Clubhouse and
pool.
VI.O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner Rodriguez's
Community Investment Funds.
VI.P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from
Commissioner Rodriguez's Community Investment Fund.
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Boynton Beach, FL September 14, 2009
Mayor Taylor indicated he had pulled the items because each involved landscaping
improvements on private land. The established eligibility for funding requires that the
expenditure not result in the improvement to private property.
Commissioner Rodriguez pointed out the Boynton Isles funding was for signage. Mr. Bressner
noted the sign was within the City right-of-way as verified by Mr. Livergood and any work would
require a permit. Mayor Taylor recalled in 2007 Boynton Isles was given $1,300 for canal
maintenance that was later requested to be used for landscaping and sign maintenance. Mr.
Bressner agreed with the facts and added a letter was sent for use of funds as is done in all
instances. No response had been received. Commissioner Rodriguez advised the funds were
still available awaiting the completion of a major street renovation in the neighborhood. The
other neighborhoods were struggling and the improvements would enhance the beautification
of the City and Federal Highway. Commissioner Weiland agreed with the requests as long as
the criteria was met.
Attorney Cherof advised the criteria was established by resolution in 2006 and it did state that
public funds shall not be used to improve private property but creates the exception when the
Commission finds a clear public need, purpose or benefit. Commissioner Rodriguez added the
communities were in the CRA area and had not received any funding from the CRA. It goes to
the beautification of Federal Highway as a major corridor in the City.
Mayor Taylor would approve the monies for Boynton Isles since it is on public property.
Commissioner Ross mentioned that many community homeowner associations are struggling in
the economy with foreclosures.
Motion
Commissioner Rodriguez moved to approve Item VI.M. Commissioner Weiland seconded the
motion. The motion passed 4-1. (Mayor Tay/or dissenting)
Motion
Commissioner Rodriguez moved to approve Item VI.O. Commissioner Weiland seconded the
motion. The motion passed 4-1. (Mayor Tay/or dissenting)
Motion
Commissioner Rodriguez moved to approve Item VI.P. Commissioner Weiland seconded the
motion. The motion passed 4-1. (Mayor Tay/or dissenting)
VII. CODE COMPLIANCE &: LEGAL SETTLEMENTS:
A. Approve negotiated settlement agreement in the amount of $16,000 in the case of
Jimmy Gray vs. City of Boynton Beach.
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Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
B. Approve negotiated settlement agreement in the amount of $8,500 in the case of
Lopane vs. City of Boynton Beach.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay 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 all those intending to testify on any of the matters for
public hearing.
A. Project: Casa del Mar (SPTE 09-010)
Agent: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
Owner: Lancore Nursery, LLC
Location: 2632 North Federal Highway
Description: Request for a third year site plan time extension for a new site
plan (NWSP 06-015) and height exception (HTEX 06-007)
approved on July 18, 2006, thereby further extending site plan
and height exception approval including concurrency certification
from July 18, 2009 to July 18, 2010.
Ed Breese, Principal Planner, reviewed the request for a time extension. The project consisted
of 42 town homes and 40 condominium units. The justification was the delay in dealing with
outside agency permitting before requesting City permits. Due to the economic downtown,
other alternatives were being investigated including a potential marina. Staff recommended
approval.
Attorney Cherof noted there were two conditions of approval and Bonnie Miskel, on behalf of
the owner, agreed the conditions were acceptable.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
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Motion
Commissioner Weiland moved to approve. Commissioner Rodriguez seconded the motion. The
motion passed unanimously.
B. Project: Women's Circle Office &: Classrooms (ZNCV 09-002)
Agent: Larry Winker, AlA
Owner: Sister Lorraine Ryan, Women's Circle Inc.
Location: 912-914 SE 4th Street
Description: Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 11.1.2.
requiring that off-street parking spaces be located within 300 feet
of the subject use and be owned by the subject property owner,
to allow the minimum required four (4) parking spaces to be
located off-site within 300 feet, except on property not owned by
the subject property owner, for a change of use from residential
duplex to general business office within a Community Commercial
(C-3) zoning district.
Kathleen Zeitler, Planner, reviewed the request for the relocation of the Women's Circle Office
and Classroom and necessary change of use from residential to commercial. The required
parking onsite would not meet Code requirements and the applicant proposed using the parallel
parking on SE 4th Street and municipal parking at the Senior Center. Special circumstances
exist to create a hardship that was not self imposed. Staff recommended approval as well as
the Planning and Development Board.
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 Rodriguez seconded the motion.
Commissioner Rodriguez inquired about the overflow parking issue and the expectation for use.
Sister Lorraine Ryan replied it was anticipated on Saturday mornings. Public transportation or
walking is most often utilized and the location is very helpful.
The motion passed unanimously.
C. Project: Pylon Interstate Plaza Phase II (SPTE 09-008)
Agent: Raymond Balassiano, A.I.A.
Owner: Woolbright Executive Center LLC
Location: 1501 Corporate Drive
Description: Request for one (l)-year site plan time extension for conditional
use/major site plan modification (COUS 07-004/MSPM 07-007),
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
and height exception (HTEX 07-005) approved on November 20,
2007, thereby extending site plan approval from May 20, 2009 to
May 20, 2010.
Mr. Breese reviewed the request for a time extension for a 29,000 square foot office building.
The applicant has been working with the Lake Worth Drainage District for an easement along
the canal bank for routine and emergency maintenance purposes. Staff recommended approval
of the request. Attorney Cherof inquired if there was agreement with the two conditions of
approval and the applicant agreed.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. 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) (Tabled
to October 6, 2009)
B. 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)
(Tabled to October 6,2009)
C. 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
Oecember 1, 2009)
D. 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-l Industrial District. (New Urban High
Ridge LUAR 09-001) (Tabled to December 1,2009)
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
XI. NEW BUSINESS:
A. Discussion regarding submission to referendum of the preservation and
redevelopment of the Old High School structure and site.
Mayor Taylor advised he had brought the matter before the Commission for resolution by
referendum. Commissioner Rodriguez felt the request was premature and suggested the RFP
review be done first to establish a dollar amount. Commissioner Weiland agreed the voters
should decide and move forward. Vice Mayor Hay also supported the referendum vote.
Commissioner Ross indicated it was difficult to decide after just having voted for a referendum
vote on the Police facility.
Motion
Commissioner Weiland moved to have Item A. under New Business placed as a referendum
item in the March 2010 election. Vice Mayor Hay seconded the motion.
Attorney Cherof suggested there be more specificity in the motion to be either as simple as a
straw poll to save it or tear it down or it could ask for approval of a general revenue bond.
Brian Edward, 629 NE 9th Avenue, reiterated his belief that a private/public partnership has to
be established to succeed especially in an Old Town area. It is one of the worse economic
times and putting the Police facility referendum and Old High School on the same ballot would
be a mistake at this time. He contended there has never been a collective effort to save the
Old High School.
Victor Norfus, 261 North Palm Drive, established the RFP responses included four plans. Mr.
Bressner indicated one response was east of 1-95 and the other three were west of 1-95. The
one east of 1-95 included language the developer would contribute to a redevelopment plan or
assist in proposals for the adaptive reuse of the Old High School and the current City Hall site.
Various scenarios for City Hall, a Police facility and Public Works were included. Mr. Bressner
surmised the only viable proposal based on the elimination of the debt service for the Police
facility would be the proposal east of 1-95 for discussion. Commissioner Rodriguez suggested
all the proposals be presented to the Commission and the Commission make the decision. Mr.
Norfus questioned why proceed with the RFP, if there is going to be a referendum on the
ballot?
Patricia O'Conner, resident of Palm Beach Leisureville, suggested if there is no Old High
School there would be no Old Boynton Town. From a historic and preservation point of view
and funding, the Old High School should be revisited at a different time and different context.
Commissioner Rodriguez clarified the Commission has to make a decision on the responses to
the RFP. Based on the decision, only one item would be placed on the referendum. Attorney
Cherof cautioned the Supervisor of Elections has a deadline for ballot submission and
ordinances have to be adopted in a timely manner.
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
Motion
Commissioner Rodriguez made a substitute motion to table the item until after the four
responses to the RFP are reviewed relating to the Old High School. Commissioner Ross
seconded the motion.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Weiland dissenting)
The vote on the original motion was 4-1. (Commissioner Rodriguez dissenting)
B. Discussion regarding designation of Ocean Avenue corridor from the Ocean
Avenue Bridge to Seacrest as Boynton Beach Old Town Area and authorize City
Attorney to prepare a resolution.
Motion
Commissioner Rodriguez moved to table. The motion passed unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-040 Re: Establishing a
procedure to better identify and manage vacant and foreclosed properties
by holding mortgage holders responsible through registration and third
party administration.
Attorney Cherof read Proposed Ordinance No. 09-040 by title only on second reading.
Mayor Taylor opened the issue for public hearing.
Jane Stroschein-Rousseau, Realtors Association of the Palm Beaches, suggested if a third
party registration includes a fee assessed to the lending institution, it would add to the price of
the property and slow economic development. The Association was holding seminars and
would do so in Boynton Beach. They also maintained lists of properties with a potential for
foreclosure. Federal funding was offered to municipalities to assist with paying for maintenance
of foreclosed properties. Mr. Bressner responded the registration process related to properties
being held by financial institutions to maintain the properties without placing a burden on the
taxpayers.
No on else coming forward, Mayor Taylor closed the publiC hearing.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-040. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
2. Proposed Ordinance No. 09-041 Re: Amending
Section 16-61 and 16-62 providing administrative clarity and adding
language in the ordinance that requires advance notification when leaving
vehicles and/or trailers at the park for more than three (3) days by
patrons actively involved in fishing and/or boating activities.
Attorney Cherof read Proposed Ordinance No. 09-041 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code
Enforcement Liens totaling $472,119.74 as of August 24, 2009, held by
the City on real property owned by Ralph & Rosie, Inc., located at 2007
South Federal Highway.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
2. Conduct impasse hearing to resolve Wage Article of Collective Bargaining
Agreement for fiscal year 2009-10.
(This item was previously removed from the agenda.)
Commissioner Rodriguez asked to reconsider Item XI.B. relating to the designation of the
Boynton Beach Old Town Area. The designation would assist the Children's Scho.)lhouse
Museum and Marina.
Motion
Commissioner Rodriguez moved to reconsider. Commissioner Ross seconded the motion. The
motion passed unanimously.
Commissioner Ross understood the designation would be helpful in applying for grants.
Commissioner Rodriguez supported the proposal if it helped the Marina and Schoolhouse
Museum. Mayor Taylor felt more information was needed. Mr. Bressner suggested the matter
be referred to the CRA for review. It would ultimately be the City's designation. Commissioner
Ross suggested, for marketing purposes, it could be an asset. Mayor Taylor reiterated more
information was needed.
Mark Karageorge, 240A Main Boulevard, suggested the business community be included in
any discussion and decision.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:55 p.m.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL September 14, 2009
CITY OF BOYNTON BEACH
~~
~_._,.- 1
Ronald Weiland, Commissioner
ATTEST: I-
.-
et M. Prainito, CMC
Clerk
21
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. Licen..
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Raymond Balassiano, A.I.A.
APPLICANT'S ADDRESS: 800 Glouchester Street, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14,2009
TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension
LOCATION OF PROPERTY: 850 W. Woolbright 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 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 "C" with notation "Included".
4. The Applicant's application for relief is hereby
L 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
10 - 7 - 0'1
Yn. PA~
City Clerk
DATED:
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE 09-008\DO.doc
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Lie NO, AROO16040 Tel. (561) 706-1809
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EXHIBIT C
PRAYMOND BALASSIANO, A.I.A.
ARCHITECT
800 GLOUCHESTER STREET
BOCA RATON, FL 33487
TEL. (561) 706-1809
, :----,
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May 1, 2009
-
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City of Boynton Beach
Planning & Zoning Division
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425-0310
Attn: Mr. Ed Breese, Principal Planner
[ =,-/,-
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Re: Woolbright Executive Center
Pylon Interstate Plaza, Phase n
850 W Woolbright Road
Permit No. 08-1082
Request for Time Extension
Dear Mr. Breese:
This letter is in reference to the above listed project. Pylon Interstate Plaza Phase II was approved
on November 20, 2007 with an 18 month period set to expire on May 20, 2009. Since this time we
have been working with the Lake Worth Drainage District to address and subsequently resolve a few
issues in connection with the west boundaries of the property.
We are respectfully requesting you grant us a 12 month extension of the site plan approval. As you
know, the final construction working drawings (all trade) have been entirely completed and submitted
to the building department. In fact, first plan review comments have already been issued by city
officials and all comments have been complied with. Final submission for the building permit is
now ready.
EXHIBIT "D"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: SPTE 09-008
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/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. If this request for site plan time extension is approved, all outstanding X
conditions of approval from the original development order must still be
satisfactorily addressed during the building permit process.
2. Should the applicant not be able to acquire the necessary permits by the end X
of the year, an updated traffic concurrency approval letter from Palm Beach
County will be required.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~o~
S:\Planning\SHARED\ WP\PROJECTS\Pylon Interstate Plaza\SPTE 09-008\COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Women's Circle
o,,,,\opmen\
ps.l
8u\\dlng
Engineering
occ, \..Icense
~-
APPLICANT'S AGENT:
Larry J. Winker, AlA, Studio Seven
AGENT'S ADDRESS:
6007 Le Lac Road, Boca Raton, FL 33496
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 14, 2009
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 11.1.2. for location of off-street parking spaces,
to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on
property not owned by the subject property owner, for a change of use from residential duplex to
general business office within a Community Commercial (C-3) zoning district.
LOCATION OF PROPERTY: 912-914 SE 4th Street
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2. The Applicant
/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 "G" with notation "Included".
4. The Applicant'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: 10 - 07 - 0'1
.P~
S:\Planning\SHARED\WP\PROJECTS\Women's Circle Office & Classrooms\ZNCV 09-002\DO,doc
EXHIBIT "G"
Conditions of Approval
Project name: Women's Circle
File number: ZNCV 09-002
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/ENVIRONMENT ALIST
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHAREDlWP\PROJECTS\Women's Circle Office & Classrooms\ZNCY 09-002\COA.doc
EXHIBIT "A" - SITE LOCATION MAP
WOMEN'S CIRCLE VARIANCE ZNCV 09-002
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SOUTHEAST 4... STREET
CORRIDOR WATERMAIN STORMWATE
RECLAIMED WIITER IIND ROADWAY
IMPROVEMENT PROJECT
SE 4TH 5T STII 115+50 - 121+50
PLAN
BOYNTON BEACH ununES DEPARTMENT
CITY OF 1I0YNTON IlEACH, FLORIDA
SHEET c-..
:::
EXHIBIT "E"
TEMPORARY LICENSE AGREEMENT
FOR MUNICIPAL PARKING
This TEMPORARY LICENSE AGREEMENT is made on this .,::2;..)[> day of
j"dt ' 2009, between THE CITY OF BOYNTON BEACH, FLORIDA (lithe
"CITY" and WOMEN'S CIRCLE, INC, ("WOMEN'S CIRCLE"). The Partles, m conslderation
of the mutual covenants hereinafter set forth agree as follows:
1. The CITY hereby permits the WOMEN'S CIRCLE to use the PARKING LOT
areas highlighted on the attached parking lot plan, in the parking lot located at the CITY's Senior
Center, 1021 S. Federal Highway, Boynton Beach, Florida, subject to the WOMEN'S CIRCLE
complying with the conditions and regulations herein,
2, WOMEN'S CIRCLE shall coordinate with the Senior Center staff to develop a
Schedule of Use to designate the dates and times the PARKING LOT will be used. Should any
WOMEN'S CIRCLE vehicles remain in the PARKING LOT at any time that is not scheduled,
WOMEN'S CIRCLE understands that such vehicles will be subject to tow at the expense of the
vehicle owner, and that CITY shall not be responsible for such vehicles.
3. While City does not presently foresee terminating its permission for WOMEN'S
CIRCLE to utilize the PARKING LOT, WOMEN'S CIRCLE understands that City may need to
withdraw its permission to utilize the PARKING LOT from time to time. The City reserves the
right to cancel or terminate this permission to use the PARKING LOT without notice, at any
time. In most circumstances the CITY will endeavor to give WOMEN'S CIRCLE at least
seventy-two (72) hours prior notice of such temporary or permanent termination,
4. WOMEN'S CIRCLE agrees that no objects or obstructions or any kind, fixed or
otherwise, shall be placed in, on, or above the CITY's parking lots, and further agrees to
immediately remove any such objects or obstructions if placed in the PARKING LOT by
WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. WOMEN'S CIRCLE further
acknowledges that the permission granted by the CITY is limited to the parking of vehicles in the
lot and not for any other purpose whatsoever.
5. In connection with its use of the PARKING LOT, WOMEN'S CIRCLE agrees to
obtain a Certificate of Insurance naming the CITY as an additional insured,
6, WOMEN'S CIRCLE agrees to indemnify, hold harmless and defend City, its
elected and appointed officials, agents, servants, and employees from and against any claims,
demands, suits, actions, damages, liabilities, expenditures, attorney's fees, costs, or causes of
action of any kind whatsoever, including any negligent act or omission of City, its employees, or
agents, arising out of or in any way connected with any injury, damage, or loss occurring as a
result of WOMEN'S CIRCLE's use of the PARKING LOT or the use of the PARKING LOT by
WOMEN'S CIRCLE patrons, clients, visitors, or invited guests, If called upon by City,
WOMEN'S CIRCLE will take over and defend not only itself but also CITY in connection with
any suit or cause of action arising out of the foregoing matters, all at no cost or expense to CITY.
WOMEN'S CIRCLE agrees that consideration for this indemnification is the permission granted
by the CITY for the use of the aforementioned PARKING LOT.
7. WOMEN'S CIRCLE agrees to be responsible for any and all damages arising out
of, resulting from, or caused by the use of the parking lot by its patrons, clients, visitors, or
invited guests, and agrees to pay for or reimburse the CITY for the replacement or repair of such
damage,
8, WOMEN'S CIRCLE agrees to immediately notify CITY of any claims brought
against WOMEN'S CIRCLE as a result of its use of the PARKING LOT and the use of the
PARKING LOT by its patrons, clients, visitors, or invited guests.
9. WOMEN'S CIRCLE understands that the permission to use the PARKING LOT
may not be assigned or transferred. It is expressly agreed between the parties that this
Temporary License creates no tenancy or lease whatsoever between the Parties, nor does this
Temporary License grant exclusive possession, occupation or use of the PARKING LOT to
WOMEN'S CIRCLE.
10. WOMEN'S CIRCLE agrees to observe any regulations set forth by the CITY,
which may change from time to time.
I, 5;-.stt"r.L. cl~IJ.{HNL ;(YlHuf , on behalf of WOMEN'S CIRCLE, INC.,
understand and agree to the above terms in connection with the permission granted by the City to
temporarily utilize the Parking Lots described herein. I further acknowledge that I have the
authority to agree to these conditions on behalf of WOMEN'S CIRCLE, INC,
~~"1Cit~ ~ ""'-
Signature
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the date
first mentioned above.
Signed, Sealed and Delivered
in the presence of:
~~h'
CAns~e- teJeur-.e-
City Of~n Beach
..~~
By: Kurt Bressner, City Manager
C->z~-
Women'5 Circle, Inc,
/4-~Lt-C ::A a'4<-<- R;t"",,-
By: ~kr L~M.j/flv'C 4/J,LI
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PARKING LOT PLAN
hUp:/ /maps. co. palm -beach. fl. us/papagis/ default. aspx ?qtype=parcels&pcn=084345 2 8000005 050
8/10/2009
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CIIen1#: 1337248 T8WOMENCIR
ACORDr.- CERTIFICATE OF LIABILITY INSURANCE
D.l.TE IJiIMIDDrr"N't)
08l03/D8
, ~IIODIICEIt THI$ CERTIFICATE IS ISSUEC AS A MATTER OF INFORMATION i
BB&T Burk.y RlIIk Slrvlce. ONLY AND CONFERS NO RIGHTS UPON iliE CERTiFICATE I
HOLDER.. THIS CERTIFICA.TE DOES NOT AMeNO,EXTENO OR
2240 Woolbright Roael Suite 201 AI. TER THE COVERACiE AFFORDED BY THE POUC!E! BELOW, I
Boynton EMach, FL 33426 I
Se1 T34.8~ I IN$URERS AFFORDt/G COVERAGE I NAlC #
INSURED INSURER ~ Maryland C..uatty Company i 19356
: Women', Circle (The) INSURER i !
145 NE 4th Avenue IhlSURER C: i
Boynton Beach, Fl 33435 IhlSURER [l, ,
II\I5URER E' !
eOVERA.GES
I THE ..oUCleE OF INSURANUE WSTED BELOW HAVE ElEEN 1!i6U3l TO THE INSUrtED NAME~ ABOVE Fe=;. THE ..oU:;)' ?ERIOO INDICA,!::"" NOTV'mHSTANDING
ANY F.EC.UlREME".,., TE1'W OR CONDiTION OF AA'Y CONTRACT Oi'\ OTHER OOCUlllENT WITH RESPECT TO WHICH THIS CERTIFICATE !MY BE ISSUED OR
MAY PERTAIIIl, THE INSU'lANCE AFFORDED ElI'THE POUCIES OES=~aED HEItEIN IS SU!\JECT TO ~ THE 'l':RMs, EXcwsrONS AND CONDiTIONS OF SUCH
POUClc,,_ AC3(fflEGIlTE UMITS SHOWN MA'r HAVE ElEEN ~OUCEO If!' PAlO CI.AIMS,
LTR ~Sl" ,....!'! OF INllUIlANC! JIO UCY IIUD!Il ~iTE "IIIIDD""" I~~~tliijj~~ I.IIIl'1
A ~EIt4L UA!lI.ITY PPS,*1636S56 12/0!1D8 12fD!IOS EACH OCCUMENCE 51 000 001)
~l.!B<cw. GENERI.l. UAliILllY D4I.1AGE TO RENTE> 31 000 ODD
I Cl.AJMS IoWlE ~ OCCUR hiED EV (Any lIIlt POIlDl1) .10 ODD
, PERSONOJ. & ~ it~ I
~ lOENERAl. AGGREG,I.TE 02 000 000
~"'AOOntIMlTi~ PeR: PIlOW~. COMPIOP AGG (l ODD ono
x, POl.ICY ~ LO:;
QII.!LLl.8II.ITY COMBINED S1NG'..E I.IMIT
4NY AlJT':l (E8 ......nQ IS
I All. 0WNEtI AI.lTOS i BODILY "JJRV
- 8
BCHEDUI.ED.wTOS (Per p.raon}
-
- IoIIRED AUTOS BODlL I' "JJRV
(Per-II I
_ NON-OWNEO.wros
-I PROPa'P'fTV !lAI.lAGE .
, (I'er-domJ
Q.IllItAG! u..BIUTY AlITO ONL v . P, ACCiDEN'" S
,~- "NY Al.lTO OTHER THAN SA .ICe S
AlITO ONLY: AlOG S
I ~ISSlUIIQEl.U LIiIIlLll'Y E.\CH OCClJAFiEJolCE S
I ! OCCUR 0 CLAlMSw..o: AG3'EGlliE is
I I
I I .
=1 DEOUCTlI!l: Is
I REiENTIOf'i 5 S
WORKElI$ COlI P!N5I.TION AN 0 I ~!:(J?f;,.1 IC~
!IIPLCYEItS' LlAIIlLITY
ANY PROPRiETORPAATNERJ:;;XECUTIVE ::1., EIIOH ACCiDENT S
OFFCERlMEMSER EXC'.UOED'! E.1. DISEASE. .....EM"LO'r'EE S
~~~'~~~NS ".Iow E.L DISEASE. POLIC'" UMrT S
OTllEII
oesclUPT'lOll Of OPERA i1QIoIS/ LOCA.TDlIlI r VEHICl.B I EXCLUoSlON$ All CEO BY EIlDO!lI!9IElI1' I .sPE!lIAL PIl01/lSl01ill
- Supplemental Namt H
Am Suppl&mental NalTMlllpplles to all policies. Women', Circla (The)
Certl1icBie HCllder I. nllmetlll$ add!i:ionallnaured for General Uablllty
lnsursd usln; parking lot located at: 1001 se 4th St, Boynton a.ach: FL. 33435
CANCELI.A ilON
1 D 08Y5 for Non.Pavment
AC ORe 25 (ZO01tDl!) 1 of :;:
#S355T1~~365T161
'HOIJ~ ~y OF lHE MOVE DEBORlEIl POLICES BE CAJjCEU.ED BEFOR! lH! EXPIRJ. 1101<
DATlZTlIEREO., TlIE BSIJINCO INIlUllEII WIll. ENDEAVOR TO 1ilA.L ~ DA~ WIll7TEli
HoneE TO TIlE CERT'lFI~ HOLDER IlAMEI: TO 'Ill! LEFi. BUT FAILURE TO DO S::J SHALL
11ilPD8E ~OOBLDA.llOt/ ORLIUlt.rn'OF >>lY I(IllC UPOH TlIEINSURER, lrU,GEllTO OR
ItEPRfSE!/T"Tl\IEIS,
AI1TIIORt!ED llEPRE5ElliATNE
(w_ ""'- 'r. ----
MMOL Ii ACORD CORPORATION 1985
City of 8oynton Beach A!tn:
Attn:Clrector of Flee. FaclDtIes
100 E Boynton Beach Blvd
Boynton lkach, R.. 33425
Intro. To Computers
Intro. To Computers
Microsoft Excel
Computer Typing
WOMEN'S CIRCLE INC.
145 N.E. 4th Avenue
Boynton Beach, FL 33435
Phone (561) 364-9501
Fax (561) 364-7288
2009 CLASS SCHEDULE
Computer Classes
Friday
Saturday
Saturday
Saturday
10:00 -11:00 AM.
12:00 -1:00 P.M. *
11:00 -12:00 Noon
10:00 - 11:00 AM *
Computer Based English Classes
English Classes
Computer-Based English Friday
Computer-Based English Saturday
English (ESOL)
English (ESOL)
English (ESOL)
English (ESOL)
English (ESOL)
Level 1
Level 2
Level 3
Thursday
All Levels
Monday
Tuesday
Thursday
Friday
Saturday
Creole Literacy Classes
Tuesday
Wednesday
Thursday
Sewing Class
Thursday
Crochet Class
Friday
* Classes will start on 6/6/09
11 :00 - 12:00 Noon
9:00 -10:00 A.M.
5:00- 8:00P.M.
9:00- 11 :00 A.M.
9:30 - 11:00 A.M.
12:00- 1:30.P.M.
10:00 - 1:00 P.M.
6:00 - 9:00 P.M.
6:00 - 9:00 P.M.
6:00 - 9:00 P.M.
11:00 - 2:00 P.M.
9:30 - 11 :00 A.M.
For more information or to register, please contact Theresa Jackson at the Women's Circle on
Mondays, Wednesdays, or Fridays between the hours of 10:00 A.M and 2:00 P.M
revised 5-18-09
WOMEN'S CIRCLE, mc.
145 N.E.4TH AVE.
BOYNTON BEACH, FL. 33435
561-364-9501, ext. 26
Fax 561-364-7283
www: womenscirc1ehome.org
Mr. Wally Majors, Director of Recreational Facilities
City of Boynton Beach
100 E. Boynton Beach Blvd.
, Boynton Beach, FI. 33425
Dear Mr. Majors and staff,
A BLESSED PASSOVER AND JOYOUS EASTER TO ALL!!!
As I wrote in my 2/19/09 letter we are still in disparate need of a larger facility, as
we've defInitely expanded beyond what our present 620 sq. ft. can accommodate. At
present our eyes are on a property at 912/914 S.E. 4th St. The Planning and Zoning
commission of the City of Boynton Beach is necessitating many requirements to bring
this simple duplex up to code, which include parking, with at least three on site parking
spots that include a handicapped spot. Our architect is working diligently to make these
adjustments. Since our clients seeking employment often walk to the facility or take the
bus, we would need your. west side of 4th street and 10th Ave. parking lot only on
evenings when we have ESOL, Literacy in Creole, and possibly computer practice
sessions or on Saturday mornings when we have ESOL and computer classes with
several teachers, tutors and volunteers involved.
Your assistance in this matter is greatly appreciated..
Oceans of joy, hope, healing, prayer, and peafe, 0 .. ~ r:7. - (I: ll/l \
Sister Lorraine Ryan MMS 4-;:;:z;;A.,'/ '11ac..-'7<<, ~l{{~ ' ,.~_
, f /
EIN 65 1068376
DLN 17053064750075
April 7, 2009
WOMEN'S CIRCLE, INC.
145 N.EATH AVE.
BOYNTON BEACH, FL. 33435
561-364-9501, ext. 25
Fax 561-364-7283
~: vvomenscirclehome.org
Mr. Wally Majors, Director City Facilities
The City of Boynton Beach
100 E. Boynton Beach, Blvd.
P.O. Box 310
Boynton Beach, Fl. 33425-0310
ElN 65 1068376
DLN 17053064750075
February 19,2009
Dear Mr. Majors,
Women's Circle, Inc. is in disparate need of a larger facility, as vve have definitely
expanded beyond vvhat our present 620 sq, ft. can accommodate. We are seriously
looking into the property at 912/914 S.E. 4th St., very close to the Senior Center. In
November, vvhen we first expressed interest in the property, I happened to see Steve
Lufkin outside the Center, I asked him. about the parking lot on the vvest side of 4th street.
He said it is a public parking lot, yet ifvve planned on using it regularly, it vvould be good
to check 'With you. Hence I am asking if we could use it during the hours that the Senior
Center is not functioning. As you can see from the enclosed class schedule, vve have
evening and Saturday classes, vvhich are the most heavily attended. At other times, the
students/clients often vvalk to our facility or are usually three or four at a time. Please let
me knovv if this arrangement vvould be agreeable to you. Thank you so much! //1A "
Oceans of hope, prayer, and peace, /,/}-,-J..,..,.-;J -, A~t:v41. 'J11/F/. -' .
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EXHIBIT"F"
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JUN - 9 2009
, PLANNtiNG AND
ZONIft-..llG DEPT.
WOMEN'S CIRCLE, INC.
145 N.EATH AVE.
BOYNTON BEACH, FL. 33435
561-364-9501, ext. 26
Fax 561-364-7283
www: womenscirclehome.org
EIN 65 1068376
DLN 17053064750075
June 4, 2009
City of Boynton Beach
Planning and Zoning Division
Code Variance Application: Reference page 2
A. The parking requirements for our simple offices and classes will easily be met by
the parallel parking.spaces to be included in the 4th Street expansion project and
the proximate handicapped parking spots (2) just south of the property. Also
overflow is welcomed at the west parking lot of the Senior Center.
B. The special conditions of the acquisition of the six feet of front yard for this
project does not result from the actions of the applicant.
C. This grant of variance does not confer on the applicant any special privilege of
which we are aware.
D. The literal interpretation of commercial parking requirements would be an
unnecessary hardship on the Women's Circle's clients, many of whom walk or
use public transport..
E. The variance granted is the minimum required for a reasonable use of this
property .
F. We believe that the granting of the variance will add to the harmony of the area.
G. Not applicable.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miskel, LLP
APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site
plan time extension for the Casa del Mar Site Plan Development Order
(NWSP 06-015) and Height Exception (HTEX 06-007).
LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL
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 "C" with notation "Included".
4.
The Applicant'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:
/{)-o7- oct
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\DO,doc
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 09-010
Reference:
DEPARTMENTS INCLUDE REJCL.l
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/ENVIRONMENT ALIST
Comments: None X
~... ..:I~.L:_.__ _.r A___..........l
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The site plan time extension is subject to the original conditions of approval. X
2. An updated traffic concurrency approval letter from Palm Beach County X
Traffic Engineering will be required prior to permitting.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\COA,doc
Exhibit "A" - Site Location Map
Casa del Mar
.
12562.5 0 125 250 375 500
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Casa del Mar
PREPARED FOR LANCORE NURSERY
CITY OF BOYNTON BEACH, R.
XHIBIT 8
LAND.
DESIGN
SOUTH
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5 lEe E L, L II"' MAN , DUNAY. SHE PAR. D & J \111 S K E L. L L P
EXHIBIT C
GARY S, DUNAY
KENNETH W, LIPMAN
BONNIE MISKEL
.JONATHAN L, SHEPARD
CARL E, SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON. FLORIDA 33486
(561) 366-7700
FAX: (56 I) 366-9274
WWW.SLDSMLAW.COM
SCOTT BACKMAN
LINDA B, LYMAN
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JUL 1 6 2009
July 16, 2009
PLANNHlJG AND
ZONiNiC." DEPT,
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P,O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Casa Del Mar ("Project")
Dear Mr. Rumpf:
On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a
time extension for the approved Casa Del Mar ("Project") (NWSP # 06-015) located on North
Federal Highway ("Property"). This Project was approved for the development of 82
condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning
district. This Project was originally approved on July 18, 2006 and subsequently received two
one-year time extensions. The new expiration date of the site plan is July 18, 2009. We
respectfully request an extension of one year to July 18, 2010.
At the time of the last time extension request the Petitioner had provided a timeline for the
steps taken thus far to receive appropriate approvals prior to filing for a building permit with the
City. That timeline is as follows:
. Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP)
on June 9, 2006.
. Received SPGP on July 7,2006.
. Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit / Authorization to use State owned
submerged lands / Federal dredge and fill permit with the Florida Department of
Environmental Protection / Water Management Districts / U.S. Army Corps of
Engineers (ERP) on November 15, 2006.
. Filed an amendment to above ERP to include docks on December 13, 2006.
. Received first Request for Additional Information (RAI) from SFWMD dated
December 13, 2006.
. Submitted supplemental RAI from SFWMD January 12, 2007.
. After meeting with SFWMD filed response to RAI on March 5,2007.
. Received second RAI from SFWMD on April 6, 2007.
Since 2007, additional progress has been made toward obtaining the necessary environmental
permits for the Project. This timeline is as follows:
. Response to RAI submitted to SFWMD in March 2008.
. Army Corps of Engineering (ACOE) submitted on March 25, 2008.
. After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 15,
2008 and to SFWMD on August 21, 2008.
. Received RAt from SFWMD on October 3, 2008.
. State Sovereign Lands Review commenced December 8, 2008.
. Received response from ACOE regarding RAI on March 18, 2009.
. Met with FDEP on April 30, 2009 to discuss RAI.
. State Sovereign Lands Review anticipated to be complete within the next 6 months.
The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and
final action by the State related to the Sovereign Lands Review in mid-December 2010. These
approvals will be in place for the current project as well as the new marina project being
proposed by the Petitioner further detailed below.
Additionally, since the last time extension request by the Petitioner, the demand for residential
units has severely declined. With the recent economic situation, the ability to obtain funding for
the residential project has diminished. There are no banks that are currentlv lending money for
the development of multi-family residential developments. The market has become so
saturated with residential units it will take a considerable period of time before the market is
able to correct itself. Further, buyers are not able to obtain financing for acquisition purposes.
As such, the Petitioner is now in the process of applying for a land use and rezoning change to
Commercial and C-3 respectively, a site plan and a conditional use application to allow for the
devefopment of a marina and dry boat storage. The proposed marina development consists of
three buildings totaUng 69,609 square feet. The three buildings will be: 1) Office and Show Room
(located along Federal Highway); 2) Dry Boat Storage (located in ttle middle of the prolJertvj;
and 3) Ship Store and meeting/office areas (located along the waterfront). Because these
applications have not yet been approved by the City, the Petitioner would like to retain the
current approval for the residential project until the proposed marina project is approved.
If you have any questions or concerns regarding this letter, please do not hesitate to contact me
at (561) 237-1524.
Si.p;u. erely, W
fI .
1" "
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Bonnie L. Miskel, Esq.
Siegel, Lipmon, Dunay,
Shepard, & Miskel, LLP