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Minutes 05-17-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MAY 17, 2011 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross Mayor Rodriguez called the meeting to order at 7 p.m. following conclusion of a Community Redevelopment Agency Board meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross and Mayor Rodriguez pulled Item 6.E. Vice Mayor Orlove pulled Item 6.F. Commissioner Holzman requested to add to New Business a discussion of hiring a city management or budgetary consultant and pull Item 6.C. Commissioner Hay's items had already been pulled. 2. Adoption Motion Commissioner Hay moved to approve and Vice Mayor Orlove seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Commissioner Ross thanked the Chair of the Financial Advisory Committee and the other Committee members for a good workshop and continuing hard work regarding the budget. She also mentioned there would be a Flag Da~ for Toussant L'Overture High School with a ceremony at City Hall at 8.a.m. on May 18t . Vice Mayor Orlove advised he was saddened by the resignation of the City Manager and recognized the City Manger had done great work for the City and the larger community. He thought the City owed him a debt of gratitude, wished him well and appreciated his willingness to stay on for a few more weeks. He hoped someone of the same stature and standard of the current City Manager could be found to replace him. Vice Mayor Orlove mentioned there were magazines at the City Library that were up for adoption. A complete list was available at the Library. May 19th was the Chamber's Taste of Boynton being held at Benevento's. Tickets were still available. Vice Mayor Orlove remarked he was very taken with the presentation at the last Commission meeting regarding the Founder's Society of the Greater Boynton Beach Foundation and his family would become members of the Founder's Society. He urged the Commission and all those who were able to do the same. Commissioner Hay offered kudos to the Finance Committee for their efforts and assistance with the budget process. Also the Boynton Beach Police Department would be holding their 33rd Annual Police Memorial celebration at the Intracoastal Clubhouse around 10 a.m. on May 18, 2011. The Chamber of Commerce was having their monthly luncheon at 11 :30 a.m. on May 18, 2011. Commissioner Hay commended the City Manager for his 11 years of service, being the longest period for any City Manager in the City of Boynton Beach. He continued to do a fantastic job and Commissioner Hay wished him all the best. City Manager Bressner thanked everyone for their remarks. Mayor Rodriguez announced there was going to be a City Hall spruce up on Saturday to paint the exterior of City Hall. It would save the City about $90,000 and be done by volunteers in the community. REG Architects had donated the drawing renderings. Frankie's Cafe would provide lunch for the volunteers. The Solid Waste Authority would be donating the paint and Ace Hardware of Boynton Beach would be donating supplies. He urged everyone to come out Saturday morning to help paint City Hall. Mayor Rodriguez would reserve his comments for the City Manager. He had been with the City for a long time and was an anchor of the community. He would continue to be with the City for more than a month. 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by Education and Youth Advisory Board Chairman Steve Waldman of the annual "Bob Borovy Student Citizen of the Year" Award. Steven Waldman, Chair of the Education and Youth Advisory Board, explained the Board had decided to honor Bob Borovy, a veteran, engineer, man of the people who loved children throughout his lifetime. He was a person of great moral character, who loved to help others and volunteer. Mr. Waldman presented the Bob Borovy Student Citizen of the Year Awards of $1,000 to Ludnie Mauretour and to Claslyne Jean-Pierre a check for $300 as runner up. Both winners was persons of good morale character, done significant volunteer work and made many contributions to the community. Mr. Borovy's wife was present for the ceremony. B. Presentation of the annual Youth Volunteer Bank awards by Steve Waldman, Chairman of the Education & Youth Advisory Board. Members of the Education and Youth Advisory Board presented certificates to participants in the Youth Volunteer Bank who also were given a gift card of $10 and a City of Boynton Beach pin. There were 42 volunteers from grades 1 thru 12 that recorded over 1,600 hours serving the community. Since its inception, the Youth Volunteer Bank had 659 participants who had done over 54,500 volunteer hours and earned $21,850 in savings bonds and prizes. Mr. Waldman commended the Board Laison, Sherri Claude for her dedication and hard work for the Board. Mayor Rodriguez praised Chair Waldman for his eight years of service on the board and for his time and efforts. C. Presentation on the recognition of the Health Care District's Trauma System's 20th year of operation and an update on the District's services. Presentation will be made by Ronald J. Wiewora, MD, MPH, FACP, FACPM, Interim CEO/Chief Medical Officer of the Health Care District of Palm Beach County. Dr. Ron Wiewora recognized the 20th Anniversary of the Trauma System in Palm Beach County. The Trauma System is a large part of the program and health coverage is another area, as well as school health and a hospital in Belle Glade, Lakeside Medical Center, and the Edward J. Healy Center nursing home in West Palm Beach plus other programs. Many partnerships were made to ensure access occurs. The District came into being by referendum in 1988. The Trauma System was launched in 1991 and 50,000 trauma victims have been transported to the two trauma centers. Each year approximately 3,000 patients are transferred and received service through the Trauma System. Having the system is 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 critical because once an injury occurs there is a golden hour to get the person to the trauma center so that the outcome improves. There is a pre-hospital component that includes the EMS providers, dispatch staff, physician and nurses on staff at all times and then rehabilitation to aid in healing. Trauma is the number one cause of death among Americans ages 1 - 49. Each center has all the specialties available 24/7. Other services provided are large health coverage programs, four product lines for those uninsured, a Medicaid HMO and a maternity care program. The program places a registered nurse in every school in Palm Beach County seeing over 660,000 visits of the students each year. It includes vision and hearing screening. About 60% of the revenues are derived from the ad valorem tax and the remaining 40% is from third party billing. The total budget is about $28 million. The governing Board consists of three members appointed by the Governor and three appointed by the County Commission with one perpetual seat. Vice Mayor Orlove thanked the Doctor for the presentation and inquired if the number of traumas had been increasing. Dr. Wiewora responded the number had gone down slightly and it appeared to be a national trend related to safer automobiles, safer roads and less travel with the price of gasoline. Traffic drives a great share of the trauma. D. Proclaim the month of Mayas "National Preservation Month". Accepting the Proclamation for National Preservation Month was Rick Gonzales from REG Architects. Mayor Rodriguez read the Proclamation and thanked Mr. Gonzales for his assistance in the area of historic preservation. Mr. Gonzales shared the Old Boynton Beach High School would be removed from the most endangered list because of the efforts of the City. Discussion of the Old High School would be part of two different sessions at the State conference. The legislature awarded $2 million for historic preservation in the State of Florida. Mayor Rodriguez added a Historic Resources Preservation Board was being formed and he was proud of all the residents who have gotten engaged in the process. 4. 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) David Katz, 67 Midwood Lane, referenced Palm Beach County court documents and Case 502009CA017368MD. He contended Rogelio Vera was a business associate of Mayor Rodriguez through a company, Reguez Investments, LLC, owned by the Mayor. Mr. Vera served four years for possession of cocaine and had been arrested numerous 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 times and most recently arrested in Boynton Beach on June 19, 2010 for possession of cocaine. Mr. Katz reported Mayor Rodriguez was President of Reguez Investments and his son is Vice President. Mr. Vera and Reguez Investments LLC have been sued by Fernando Carmona, via Mr. Carmona's mother, for fraudulently conveying properties to Reguez Investments and for not repaying a $500,000 loan. In an opinion of the Department of Treasury, Mr. Carmona had owned and operated Club Peek-a-Boo and the Adult Depot in Palm Beach County from 1996 through May, 2005. The business offered nude dancing, prostitution services to paying customers in violation of Florida Statutes. Mr. Carmona pled guilty to conspiracy to commit money laundering and interstate transportation in aid of racketeering enterprises. The plea agreement directed Mr. Carmona to forfeit $1 million. Mr. Katz asserted Mayor Rodriguez lived in a glass house based on his association with Mr. Vera and Mr. Carmona. Brian Edwards, 629 NE 9th Avenue, was crushed to hear Mr. Bressner had resigned because he thought his services were needed, yet he looked forward to a celebration to wish Mr. Bressner well. Mr. Edwards asserted being a City Manager was difficult when budget cuts were necessary. For eleven years Mr. Bressner was a professional for not only the City, but also the County with his role in Leadership Palm Beach County. He was respected by many other City and County officials. Don Scantlan, 13 Cedar Circle, offered thanks for the donations of those involved with the Leadership Class of 2010 fundraiser that raised $5,500. Donations could still be made through the Caridad web site. Bellsheba Eden, 1208 NE 2nd Street, complained about drug dealers and drugs still visible in her neighborhood. Many of the young men had no respect for women. She was hopeful something could be done and felt their attire was inappropriate. The problem needed to be cleaned up for the betterment of the entire City. Mayor Rodriguez understood the State had passed a baggy pants law. Commissioner Hay continued the State had passed the bill and it should be discussed in the City at a later date. Mayor Rodriguez added the criminal statistics were down 10% this year, but the Police Department continued to make strides against crime. Willie Aikens, 26 NE 1 st Street, President of the Heart of Boynton Association, had two concerns. He felt the needs of the youth were not given the consideration and assistance they needed. Reduction in youth programs would ultimately raise the crime rates. His second concern was the Night of Joy and Heritage Festival brought many ethnic backgrounds to the City and he urged the Commission to enable the program to continue. 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Steve Antoon, 234, SE 2nd Avenue, advised he was doubtful anyone could exceed Mr. Bressner's expectations for the City and thanked him for his assistance. He also congratulated Mayor Rodriguez for passing his safe boating course. Alfred Wilson, 553 NW 11th Avenue, added to the remarks of Mr. Aikens that the loss of the PAL program would affect many people. This year 67 youth were given football scholarships and over 150 were in college at the present time. The program has helped alleviate the racial tensions between the youth and the Police Department. Careful reflection should be given before the program is cut. Rev. Richard Danius, 117 Asbury Way, commented on the PAL program that has existed for over 30 years. Removing the program would be devastating for the community and create many more issues. He urged the Commission to reinstate the program. Elizabeth Robinson, Executive Director of the Minority AIDS Initiative Network, asked for support for an activity planned for the Carolyn Sims Center on June 25th, National HIV Testing Day. HIV remains a problem in the country and the organization brings the testing, education and prevention to the community at no cost. She wanted to partner with the City for the event and requested a proclamation for June 2ih as the National HIV Testing Day. Ms. Robinson invited the Commission to the local event to meet and greet the participants from 10 a.m. to 3 p.m. Several residents were present in support of the organization and the event. Sunny Garcia, 1631 NW 3rd Lane, wished Mr. Bressner the best of luck. He spoke about the PAL program. Most of the youth had gone on tournaments and summer trips and gone on to successful careers. Without the program, many of the younger residents would fall into crime. He suggested the City contract Bill Tome who ran the program for many years through the Police Department and have him continue with the program. The youth in the PAL program have put Boynton Beach on the map. John McGovern, 2620 Spiceberry Lane, commended Mr. Bressner and pointed out there had been great progress on significant issues over the last ten years and thanked him for his leadership. As Chair of the Boynton Beach Foundation, he encouraged everyone to visit the web site at BoyntonFoundation.org. The campaign is being launch because the first two donors are paying for the materials to mount a campaign. On the issue of the members on the Charter Review Committee, he urged the Commission to reconsider David Katz as a member of the Committee. Boynton Beach should take the "high road" on ethics until the current case with the State Attorney involving Mr. Katz is cleared. Doris Jackson, 531 NW 10th Avenue, Vice President of the Heart of Boynton Association, was sorry to see Mr. Bressner leave and he will be difficult to replace. She asserted the PAL program was a good role model to keep the youth with positive things to do. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 No one else coming forward, Mayor Rodriguez closed public audience. Mayor Rodriguez requested adding a discussion on the Charter Review Committee to the agenda. There was no vote on the discussion at the last meeting. Motion Commissioner Holzman moved to amend the agenda to add a brief discussion on the Charter Review Committee members. Chair Rodriguez passed the gavel and seconded the motion. The motion failed 2-3 (Vice Mayor Orlove, Commissioners Hay and Ross dissenting). Commissioner Hay strongly urged the Commission to retain the PAL program because kids were the most important resource of a community. It has made a positive impact in the community and would be a huge loss if it was not continued. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Orlove moved to put William Bone on the Cemetery Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to appoint Lorri Scott to the Code Compliance Board as a regular member. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Holzman appointed Judy Conwell to the Golf Course Advisory Committee. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to appoint Michelle Dion to the Historic Resources Preservation Board. 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Motion Commissioner Holzman appointed Barbara Ready to the Historic Resources Preservation Board. Commissioner Hay seconded the motion. The motions passed unanimously. Motion Commissioner Ross moved to appoint Christaine Francois to the Historic Resources Preservation Board. Commissioner Holzman seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to table the Arts Commission appointment. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to appoint Richard Shores to the Building Board of Adjustments and Appeal. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to table the rest of the appointments. Vice Mayor Orlove seconded the motion. The motion passed unanimously. B. Accept the resignation of Barbara Ready, a regular member of the Arts Commission It was noted Ms. Ready had rescinded her resignation. C. Accept the resignation of Lisa Landis, a regular member of the Education and Youth Advisory Board Motion Vice Mayor Orlove so moved. Commissioners Ross and Hay seconded the motion. The motion passed unanimously. D. Accept the resignation of Stanley Sorgman, a regular member of the Community Relations Board 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Motion Commissioner Hay so moved. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 6. 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. Approve the minutes from the City Commission meeting held on April 27, 2011 B. PROPOSED RESOLUTION NO. R11-054 - Authorize the Second Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City's construction of the new regional force main. C. PROPOSED RESOLUTION NO. R11-055 - Approve a contract extension for a second two year period from June 20, 2011 through June 19, 2013 with DcR Engineering Services, Inc as permitted under RFP #37-2821-07/CJD, "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES". Commissioner Holzman remarked since the original contract was negotiated two years ago, he qu~stioned if there was any cost savings at this time to save tax dollars. Kofi Boateng, Director of Utilities, responded there would be a large cost benefit to the City with the contract. Commissioner Holzman wanted assurance there was not a better price available, rather than just extending the contract. Mr. Boateng advised 90% of the work had been done and the controls are very integrated into the entire system. A new vendor would have to learn what was in place and may not have all the programming skills and background to support the system as it exists. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. D. PROPOSED RESOLUTION NO. R11-056 - Designation of the Community Redevelopment Agency Board Vice-Chair E. Approve the 2010/2011 Recreation and Parks Strategic Plan. 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Commissioner Ross wanted to highlight the comprehensive Recreation and Parks Strategic Plan and pointed out it did not include future projects pending at this time. The City has 32 parks, seven future park sites and nine recreation facilities. Commissioner Ross had visited the Tennis Center and felt it would become more visible with the Barrier Free Park in the area. She wanted the Commission to consider the Tennis Center when talking about facilities and future opportunities. There is currently a very limited staff. Vice Mayor Orlove understood the request was to approve the Recreation and Parks Strategic Plan and was unaware of any issues with the Tennis Center. Mayor Rodriguez asked for the top five attributes of the Strategic Plan. Wally Majors, Recreation and Parks Director, offered that the Department was trying to reposition itself within the community. The future focus would be what was important for the community and the impact of the activities and responsibilities of the Department on the residents, society, and personal health of the City as a whole. The goals were to maintain green space as much as possible, deal with the challenges of the youth, and even personal fitness. The economy would be a complication over the next several years and the Department would have to maintain their services with limited resources. A focus on the aging population and the needs of the baby boomers would have to be met. The Plan was a critical part of the accreditation process. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. F. Approve the full release of the surety and authorize return of the performance bond in the amount of $205,700.00 to the developer for the project known as the Promenade. Vice Mayor Orlove inquired if the release of the bond would in any way affect the issues of the Community Redevelopment Agency and the Promenade. Attorney Cherof did not believe it would have an impact. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-057 - Approve a contract with Thermal Concepts, Inc. of Davie, FL for the replacement of the existing cooling towers at 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 City Hall Complex, Bid No. #040-2510-11/CJD in the amount of $187,450 plus allow for a contingency of $15,000 if needed. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment and no one came forward. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R11-058 - Approve the piggy-back of the Florida Sheriff's Association joint purchasing contract #10-18-0907 for the purchase of (4) four replacement police pursuit vehicles in the amount of $107,933 Vice Mayor Orlove asked if there was any cost savings. Jeff Livergood, Director of Public Works and Engineering, explained the purchase would replace four squad cars that had been involved in accidents. Insurance proceeds would be used plus funds that had been pre-funded for the replacement of the vehicles. The State purchasing price is a competitive price and included cost savings. A variety of contracts are utilized to get the best price for the type of cars being purchased. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. There was no public comment. Commissioner Holzman inquired if the accidents were in the line of duty or take-home vehicles. Mr. Livergood could not comment. Mr. Bressner would supply the history of the accidents. C. (1) Eliminate the re-advertisement of the Request for Qualifications (RFQ) for the scope of services (A - E), "TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH" ; and (2) authorize City staff to issue separate RFQs based upon the scope of services required for individual Capital Improvement Plan (CIP) projects. Passage of motion authorizing staff to proceed as outlined herein. Attorney Cherof explained the request would formalize the withdrawal. This would create a formal record. Mayor Rodriguez established no time had been lost in the process. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. There was no public input. The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. PROPOSED ORDINANCE NO. 11-017 - FIRST READING - Request approval of amendment to modify the definitions of sporting good stores, new auto dealers, and used auto dealers (CDRV 11- 004) of the Land Development Regulations (LDR), Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods and / or other retail stores. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 11-017 by title only on first reading. Mayor Rodriguez announced there would be no public input on first reading. Eric Johnson, Planner, explained the review would change the definition of sporting good stores and auto dealers, new and used. The purpose was sale of electric bicycles and other motorized vehicles are not normally allowed in a sporting goods store. Mopeds 50ccs or above would require a dealer's license even if they were a retailer. The City of Boynton Beach regulations consider a dealer's license as a new or used auto dealer as having more stringent regulations. The changes being made would reword those definitions to allow electric bicycles and slower mopeds to be sold in sporting good stores. Staff recommended approval as submitted. Vice Mayor Orlove inquired what the benefit to the City would be if a retailer had not requested the proposed change. Mr. Johnson replied the benefit was an economic development type of perspective and would enhance the sustainability issue. Commissioner Ross appreciated the interest in economic development and sustainability. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. B. Approve conditional use/major site plan modification request for the conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school/daycare use for up to 120 students, located at 1275 Gateway Boulevard in the Quantum Park Planned Industrial Development district. Attorney Cherof reviewed the request and ascertained a representative for the applicant was present. An oath was administered to all those intending to testify and a brief explanation of the procedure was given. Ed Breese, Principal Planner, reviewed the request. The intent was to utilize two existing Sunday School rooms that would limit the initial enrollment to approximately 30 children. Applications for permits would follow to create additional classrooms to their leased space allowing up to 120 students. The property was located along Gateway Boulevard. The adjacent charter school and church were leased from the property owner. The traffic study addressed the parking and staff requested the signalized intersection be analyzed to ensure the turning movements and queuing associated with the use would not adversely impact the traffic flow on Gateway Boulevard. It was determined there was sufficient length to store the expected vehicle ques. The parents would have to park and walk the children into the facility with no designated drop off lane. A circulation pattern was proposed. Staff recommended the use of temporary orange cones being used to direct the flow of traffic as opposed to permanent traffic delineators. Fiscal impact would be negligible and limited to $147 for the Business Tax Receipt and a one-time $40 application fee. There would be some permit fees for the outdoor play area and additional permit fees for the interior build out of the site. Staff recommended approval of the conditional use and major site plan modification with the adjustment in the Conditions of Approval to remove the condition for permanent traffic delineators and reinstatement of the condition for the orange cones placed by the administration during peak hours. Mayor Rodriguez inquired if the property owner had applied to the County for an exemption and the property was not generating tax revenue. Mr. Breese responded the 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 property is leased from 1325 Gateway LLC and they would be paying property taxes. According to Mr. Bressner the taxing impact would occur if the Church bought the property and could get an exemption for the Church portion of the building. Vice Mayor Orlove was concerned with the traffic flow. The daycare center would be responsible for placing the cones. Signage could be installed to specify the parking requirement. Mr. Breese added the parents would be directed on the parking prohibitions along the curb. Glen Hanks, Engineer for the project, representing King's Academy, pointed out the front of the school and church is designated as a fire lane and parking would be prohibited along that section. A narrative was prepared to describe the pick up and drop off operation that would be distributed to the parents. Vice Mayor Orlove remained concerned that the parents would not abide by the instructions and a hazard would be created. Commissioner Holzman recalled his prior objection to the conditional approval for the church. The area was intended to be an industrial corridor and has been dissected for uses that are tax exempt. With the volume of traffic on Gateway Boulevard and the surrounding businesses, Commissioner Holzman did not feel it was a proper place for a daycare center. The industrial property should be retained. Commissioner Ross commented one of the Charter schools would be moving out of the area. Mayor Rodriguez recalled a prior administration had created the mixed-use zoning. If the commercial properties are given away, the residents will have to carry the additional burden of higher taxes. Vice Mayor Orlove recalled an agent from Quantum had indicated there was a 50% vacancy in Quantum Park and it has not changed significantly. Quintus Greene, Director of Development, remarked staff's position since 2001 has not recommended approval of un-industrial uses in Quantum Park. Mr. Breese advised staff was recommending approval because the use was in a Church that had previously been approved. Staff had not recommended the conditional use of the Church originally. Motion Commissioner Hay moved to approve the request with conditions. Mayor Rodriguez inquired if the applicant agreed with the Conditions of Approval. Mr. Hanks stated the conditions included re-signing the front to indicate no parking, fire lane and also the use of the orange traffic cones. Mr. Breese clarified condition 8 would be reinstated and condition 11 eliminated, plus the additional condition for signage along the fire lane. Mr. Hanks agreed to the conditions. Vice Mayor Orlove seconded the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Mayor Rodriguez opened the issue for public hearing. Brian Edwards, 629 NE 9th Avenue, contended the area was congested and would create a dangerous traffic situation. Mr. Edwards thought the drop off area should be re-evaluated, especially as the area grows and the facility. No one else coming forward, Mayor Rodriguez closed the public hearing. The motion passed 3-2 (Mayor Rodriguez and Commissioner Holzman dissenting). 10. CITY MANAGER'S REPORT A. Request initiation of the naming process as set forth in Ordinance 06-078 which will allow the Greater Boynton Beach Foundation (GBBF) to solicit donations coupled with naming rights. Lori LaVerriere, Assistant City Manager, explained the request to kick off the campaign to raise $500,000 toward Phase One of Congress Avenue Barrier Free Park. There would be a donor recognition and an opportunity list. An existing ordinance outlines the process for naming parks and the Foundation wanted to advertise a gift of $2 million would give the donor naming rights to the park. The Foundation would seek Commission approval for the final name of the Park. There were many other levels of donations that would be available. Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. B. Presentation and Discussion of Historic High School Redevelopment Business Plan Options. Ms. LaVerriere introduced the consultants, Kevin Greiner with IBI Group and Rick Gonzalez with REG Architects. They conducted research, created a survey for public input, conducted a charette and would be making a presentation on development options, suitability of uses, potential financing and establishing a plan of action. Mr. Greiner thanked the City Manager's office and the public who have assisted in the initial research and coordination of information. The purpose of the study was to focus on how to redevelop the site quickly. There is a viable redevelopment for the high school and economic reuse of the high school. The objective was to develop the high school to promote employment, stimulate business development and investment in the neighborhood. Generating tourism and re-branding the City were also considerations. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 The research involved a physical assessment, environmental testing, public survey, the design charette and a study of comparable projects across the country. There was an assessment of the local real estate market and a test of the capital markets for funding and investors. There was a limited search for developer and potential tenant interest. The key for development is a clear development plan with clearly defined public and private partnerships. Creative financing has to be available with enhanced economics to make it self-sufficient. The challenges are the sluggish real estate market with high vacancy rates, reduced property values and low lease rates. The location, off a main street, was also a detriment and limiting. The overall building condition was also an issue having been vacant for over 15 years. The strengths were the unique design and it could be a gateway to the downtown area. It has unique, public assembly space and could be an architectural gem inside and out. The floor plan consists of 28,000 square feet. Utilizing the current interior walls would be the most economical. A wide range of uses could be accommodated. Two options were displayed and reviewed. There would need to be a full restoration of the exterior, retaining as much of the historical design as possible. The green space would remain as much as possible depending on the use. ADA standards would have to be met. Residential development or stand-alone retail would not be appropriate. Civic and public space would incur public expense. It is not an industrial site. Some office space would be desirable as well as conference and meeting space. There has been interest in cultural and art uses. Three development concepts were suggested. One is a single user or educational/training center. The second concept would be a single operator or developer who would lease space to a mix of uses. Concept three called for a multi- tenant approach. The three could overlap with many amenities built in also. The building has an expense, but it remains economically feasible. There is a low price of $4.6 million to a high of $5.9 million to make it tenant ready. With very low market rents, no incentives, market-rate financing and interest rates, the facility would operate at a $30,000 to $40,000 a year deficit. Creative financing and enhancement would be needed to be successful. A very conservative approach indicates the project would be profitable and an attractive investment for tax credit investors. The action plan did not support speculative re-development and any proposed project should be self-sustaining and have financing in hand. To reduce the risk to the City, it would be best to engage a developer/operator who assumes complete financial risk for the project. It would be the quickest development route with the least financial and operational risk for the City. The project should be more sustainable. A formal offering was suggested, but with flexibility to solicit developers and tenants under a RFQ (Request for Qualifications) structure. 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 It was also suggested to balance economics with opportunity. A single issue should not eliminate a proposal and the broader opportunities should be considered. Flexibility in selection of the development partner should embrace for-profit experience, as well as not-for-profit developers who have done similar projects. The financial experience and capability would be required to not only develop the project, but also keep it running. The recommended ownership structure was the City relinquish ownership. It could be sold to a developer or transfer the property to a 501 (c )(3). The City should have some level of control over the quality of the project through zoning. Deed restrictions could also maintain City control to assure the project quality is retained. The City should also remain open on the issue of taxes and investigate all possible scenarios. The end project has to work for the real estate market. There has to be a clear performance and selection criteria before going to the market. The zoning could be revised immediately and would save time and make the property more attractive to development partners. The financing incentive package should be built in advance, along with the public partners who would participate. The City's own incentive package should be established before going to the market. A dedicated project representative team should be selected with a full-time focus. A preliminary engineering design should be done to shorten the development process. Baseline engineering and design would have to be done regardless of the final use. Proven third-party financing should be utilized. There would be no need to spend City capital funds on the project and should be a last option. It should be financed privately. Grant funding is unpredictable and could be a lengthy process. The SBA 504 program had been expanded and could handle the project with its long amortization and low interest rates. New market tax credit financing could produce 100% financing, non- recourse financing, low interest rates and debt forgiveness. It is extremely flexible. Industrial revenue bonds available through the County would have low interest and long amortization. Federal Historic Tax Credits would reduce the base construction costs of up to 20% of the building cost. Energy investment tax credits would give 30% available for cash or tax credit. Economic development grants could pay for infrastructure costs and are available on a quarterly basis. Alternative energy credits can also be helpful and translated into cash. Supporting the tenants with credits and assistance programs would be crucial too. Property tax relief may need to be considered as part of the incentive package. The Commission does have the authority to waive impact fees and permit fees. If the recommendations were accepted, there could be an open project in 18 to 24 months. It is a rapid scale projection. Some elements would need to be done in parallel tracks and using proven, existing, reliable funding sources. The market interest was tested on a limited basis. Four letters of interest were presented. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Mayor Rodriguez thanked Mr. Greiner for his presentation and diligence. Mayor Rodriguez disclosed he had met with Benzaiten representatives and Boynton Boundless represented by Mr. Weiner. Mayor Rodriguez sought direction on how to approach at least two of the interested parties. Mr. Greiner advised a formal RFQ or RFP (Request for Proposal) process has its value, but would slow down the process. The first step could be to develop a more flexible marketing and delivery approach to allow the City to solicit the highest quality developers in an open and transparent way and entertain unsolicited offers at the same time. It must be carefully structured. Attorney Cherof advised there are several options. Using the formal and informal process would put the informal parties with a great disadvantage of having disclosed information before responding to the RFP. The information gathered from the two entities may assist in framing an RFP or a different direction. There are restrictions on the City's ability to dispose of the property such as notice requirements that tie into the CRA plan. Vice Mayor Orlove thanked the consultants for their presentation and thought the progress made was commendable. He disclosed he had met with Benzaiten in the past. Vice Mayor Orlove inquired if the two interested parties could assist with finding funding sources while the City changed the zoning and resolved engineering issues. Commissioner Holzman cautioned it would be detrimental to act on four letters without marketing the project. Once responses are received then move forward. Mr. Bressner indicated staff could develop the RFP and take a few weeks and be posted for at least 30 days with another 30 days to evaluate. He felt there was more transparency with the RFP method and staying within the four corners of the Statute provisions. The zoning and land use would have to be compatible with the ultimate chosen use. Rick Gonzales, with REG Architects, added stabilizing the shell with design and engineering work could be commenced. Mayor Rodriguez stressed the historic preservation component has to be included in the RFP. Mr. Bressner suggested brainstorming with the consultants for a punch list of items to be accomplished. Motion Vice Mayor Orlove moved to collaborate with the City Manager taking the lead with the downtown team and consultants. Commissioner Hay seconded the motion. The motion passed. C. Continued discussions of Downtown development options. This item was referred to the City Commission from the CRA Board meeting of April 12, 2011. Ms. LaVerriere reviewed the previous discussions and recalled the Commission had previously discussed the options for development of the downtown and the relocation of 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 the Police Department and City Hall. Another option was added to renovate City Hall and Police Department facilities. Information on the traffic flow in the area was also obtained. Mr. Livergood studied the possibility of varying time frames to stay at the current location. Very little money has been spent to maintain the current facility. The cost ranges from $4 million for ten years by replacing carpet and paint, replace the restrooms, minor space adjustments and renovate Commission Chambers. A 20-year plan would involve reconfiguring the space and increases the cost to $14 million and includes elements of fire and life safety. Longer than 20 years should address the needs of the Police Department, plumbing and air conditioning work. The final option of 30 plus years and $24.7 million includes revamping Fire Station #1 that was an inefficient use of space. It could be eliminated from the building and relocated elsewhere. There is the potential to build a 28,000 square foot annex on that corner. Further architectural evaluation would need to be done and a space study. A traffic analysis was done and the contribution of traffic by City Hall on Seacrest Boulevard south was approximately 10% of the traffic. On Boynton Beach Boulevard east of Seacrest, the average daily traffic volume is 15,339 with City Hall contributing 6.4%. Commissioner Holzman wanted data on the volume from 1-95 to City Hall. Mayor Rodriguez explained the request related to the assertion the corner of Seacrest and Boynton Beach Boulevard was the highest traffic corner in the east. How much was related to City Hall being on the corner was the question and it was approximately 10% of the count. Mr. Greene clarified the intersection was the second highest corner east of 1-95. The highest was Federal Highway and Woolbright. Approximately 35,000 cars a day pass through the Seacrest and Boynton intersection. In other words, 90% of the traffic would remain without City Hall at the current location. The future traffic volume would depend on what would replace City Hall on the corner. Mayor Rodriguez asked if the corner would remain attractive to developers if the traffic of the municipal employees was no longer involved. Mr. Greene stated in his professional opinion, yes, because the biggest traffic generator for the area is Bethesda Hospital, the largest employer in the City and the related medical services surrounding the Hospital. Commissioner Holzman wanted specific data on how much traffic from the Bethesda Hospital area was generated at the SeacrestlBoynton intersection. Mr. Greene argued since Bethesda was the biggest employer, the logical conclusion was it would be a major contributor to the traffic volumes. The appraised value done three years ago was $6.5 million. Commissioner Holzman argued the market value according to the property appraiser was $155,000 for the parking lot, police facility and entire complex. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Mr. Greene explained with a traffic volume of 35,000 vehicles, the parcel was too valuable to be occupied by an entity that pays no property taxes in a City that needs to increase its tax base. Commissioner Holzman advised the property on High Ridge, north of Fire Station # 5 is appraised at $2.25 million. Mr. Livergood pointed out there are actually five parcels for the City Hall complex, 2.786 acres and valued at $9,528,016. Vice Mayor Orlove observed philosophically, that City Hall should stay where it is, but the Police Department should move to the parcel a prior Commission purchased on High Ridge Road. There would be a synergy between the EOC and the Police Department on the same property. The Police Department has parcels in several districts that could be sold because a combined Police Department or complex would lend to not having a separate firing range and storage facilities. The Police Department woefully needed an upgraded facility. This is the best case scenario for change. Vice Mayor Orlove supported Option 2A. Commissioner Holzman inquired if any monies had been budgeted for any option. Mr. Bressner replied there were no budgeted funds and the issue of building anything would require borrowing money. Borrowing $24 million would involve $2.3 million of debt, assuming a 5% interest rate and 15-year amortization. It would be very difficult over the next few years, to achieve that level of debt service given the current operating expenses and the stresses of balancing the budget. Vice Mayor Orlove did not want to immediately move forward, rather he wanted to lay the ground work to reach the goal in the future. Mayor Rodriguez agreed a plan needed to be made. There were many assets and properties that could be disposed of generating $11 million. The first directive would be to list the properties on the market to start acquiring the revenues for whatever option is decided upon. After listening to the Development Director, Mayor Rodriguez could see the value of private development at the current City Hall location to increase the tax revenue. Mayor Rodriguez asked the Commission to consider putting the Police Department on the east side of Seacrest currently owned by the CRA that could be bought at market value of $700,000. Other properties in the downtown area could then be considered for a new City Hall. It is imperative that City Hall stay in the downtown area. Commissioner Hay agreed with the Mayor's proposal and the Development Director's assertion on the value of the current City Hall location. The placement of the Police Department on Seacrest would be a springboard to the development of the area. He had always been an advocate of utilizing the High Ridge property with the infrastructure in place; however, he would consider the east side of Seacrest for the Police Department and selling the current City Hall parcel to private developers to enhance the tax base. 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Commissioner Holzman opined if the City-owned properties were sold, the renovations of $14 million could be made and no further debt would be incurred with the City Hall remaining at the current location in the downtown. Commissioner Ross asked for the price difference of building a Police facility at High Ridge as opposed to Seacrest. Mr. Livergood estimated High Ridge would be $14.1 million and Seacrest $14.8 million. Vice Mayor Orlove recalled the High Ridge site was not appropriate for certain uses because of an issue with the grade going south. He reiterated a prior Commission had designated the land for eventual placement of a new Police Department. It would be logical to have the EOC and Police Department in the same section and area. The City could keep some sort of police presence in the downtown. The Police needed to be given a facility that meets their needs and expansion for the future. Vice Mayor Orlove wanted to move forward with addressing a new Police facility. Mayor Rodriguez argued the grading on High Ridge could be corrected as needed. The corner has high visibility with 1-95 and Gateway. Vice Mayor Orlove's concern was Fire Station #5 was on the site and there may not be commercial businesses that would want to be at the location. Mayor Rodriguez stressed the properties could be put on the market to determine what the market would produce. Commissioner Holzman reiterated another option would be to sell the property and renovate the current City Hall and not have any debt. Motion Commissioner Ross moved for staff to return with information and a breakdown for Option 1 A and Option 2A. Vice Mayor Orlove amended the motion to include a determination on selling property and what can be sold in the current market. Mayor Rodriguez wanted to know the cost of obtaining current appraisals on the properties. Commissioner Ross amended her motion to have staff return with feedback on Option 1A and Option 2A including current appraisals. Vice Mayor Orlove seconded the motion. The motion passed 4-1 (Commissioner Holzman dissenting). D. Discuss Economic Development incentives and allocation of funding for the City of Boynton Beach and provide policy direction to staff. Motion Commissioner Ross moved to table. Commissioner Hay seconded the motion. The motion passed unanimously. E. Receive staff review of current regulations limiting the maximum truck capacity allowed within residential zoning districts to one ton. 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 Mike Rumpf, Planning and Zoning Director, reported the long-standing limitation was based on the maximum cargo capacity of a vehicle. It is a common standard used by many cities. Another standard is the maximum vehicle weight. Changes in truck manufacturing has resulted in the removal of tonnage labels for vehicles. The issue is the size and bulk of a vehicle and how it may fit into a residential neighborhood. The weight was regulated to minimized damage to streets. Customization of vehicles can reduce cargo capacity, but increase the bulk and size of the vehicle. Mr. Bressner did not support the request and opposed broadening the types of vehicles going into residential districts. It would be City-wide and homeowner association rules and regulations could supersede the Land Development Regulations. It was unfortunate it would harm some individuals. Mayor Rodriquez inquired if there was any way to mitigate the present situation. Mr. Bressner advised there were regulations for parking boats and RVs that could be considered, but it would not be a driveway type setting. Motion Commissioner Holzman moved to deny the conditional use as requested. Commissioner Hay seconded the motion. Mr. Rumpf submitted a written letter of objection anonymously signed by a resident supposedly from Sky Lake. Basically it opposed the request. Mr. Bressner's comparative research with other municipalities was incomplete. Possible solutions for the applicant were discussed. Commissioner Holzman hesitated to change the Ordinance because it would open the door for other variations of vehicles. The issue could be brought back to the Commission if a solution is found. The motion passed. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R11-059 - Establish a Special Events Ad Hoc Advisory Committee Motion Commissioner Ross moved to table. Commissioner Holzman seconded the motion. The motion passed unanimously. 12. NEW BUSINESS A. Discussion of hiring a City Management or Budgetary Consultant Commissioner Holzman asserted the resignation of the City Manager would create a gap with challenges and opportunities. Eventually an interim and final successor would 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 be found. Budget hearings are on the horizon as well as every day issues that may arise. To ensure the City moves forward and the success of the ultimate replacement, it would be important to hire a consultant to assist in the process. An uninterested party would be able to assess the opportunities, stressors and future goals to assist the new City Manager. Commissioner Hay inquired about the cost and source of the funding. Commissioner Holzman had no idea of the cost. Mr. Bressner offered to help as much as he could on a pro bono basis. Vice Mayor Orlove felt the discussion warranted more time and he totally disagreed with the comments being made. He thought there was staff ready, willing and able to proceed in the interim until a replacement can be found. Commissioners Ross and Hay agreed. Motion Commissioner Ross moved to table. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 13. LEGAL A. PROPOSED RESOLUTION NO. R11-060 - Approve execution of the Joinder to the Memorandum of Understanding between The South Florida Water Management District, Palm Beach County, Lake Worth Drainage District, and the City of Fort Lauderdale, regarding C51 Water Supply & Water Quality Reservoir Planning and Development Motion Commissioner Holzman moved to table. Commissioner Ross seconded the motion. The motion passed unanimously. B. PROPOSED ORDINANCE NO. 11-008 - SECOND READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1 st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. Attorney Cherof read Proposed Ordinance No. 11-008 by title only on second reading. Kathleen Zeitler, Planner, advised the abandonment was presented to the Planning and Development Board in January with a recommendation for approval of a utility and access easement on the western 200 feet. The public opposed the access easement. A meeting with the neighbors resulted in staff changing the recommendation of approval 23 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 with a utility easement only. The current access would no longer be available and the frontage on Ocean Avenue would have to be utilized. Attorney Cherof advised, based on the known information, the elements of a prescriptive easement were not met to be entitled to use the access in question. Ms. Zeitler indicated the alley was dedicated to the City through the subdivision plat as a public right-of-way and the City never maintained the alley or improved it. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. No one came forward for public hearing. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Report on the renaming requests for the Boynton Beach Child Care Center, Boat Club Park, Jaycee Park and Veteran's Park - 6/7/11 B. Recommended revisions to the City of Boynton Beach Pay Plan so that it properly reflects the City's current compensation policies, eliminates outdated policies and coincides with the Personnel Policy Manual (PPM) - 6/7/11 C. Follow up staff report on Boynton Woman's Club - June 21, 2011 D. Announce FY 2011-2012 Budget Workshop Dates E. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being nothing further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:48 p.m. 24 Meeting Minutes Regular City Commission Boynton Beach, FL May 17, 2011 CITY OF BOYNTON BEACH t M. Prainito, MMC Clerk ATTEST: Marlene Ross, Commissioner 25 ICL ~ . . 5' ) + I J I i ~~J Y)e~-J ?Qu~ -f ~ ~' t. D~~~ ~ ~I' 1 <:/11/1/. sl11 II ~~"-' . cell~ 10 rVl (. eUfrlVuJ : iJO ., n'll · -rJv:- ~~ ~iJ.J--t ~ uJ8+fX 5" ~ ~ 0- saJfE ~J ~-~~~ . ~. mod-. LU~ J4 ~~ ~ ~~ ywdvJ ~ (;-Hl-r~ , . . ~ cID:;........ ).$ o.k~ YJ b-v~ ~A ~ ~,,~. ~ch~(15:u~jrJ[m:; ~ bO ' . '_ 9--f ~~~ ~);Ld ~ /}.Uy)t--~ .}c~.Y:J ol-<7<t a~cf' () flu- ~~) ~~._~'l1 a~~ J, " ;, ~ \Jiu C)-SS~ W !~~~ ~a;2l~ , . .~hlJ~ /L~' ~~ 1 t~ {J~I b. 1 tt~~ Q.IO _ <l I rt II 5 ~ aJJ . I ~I lLrr/J 6-~ 0 A. ~~ ~ ' J1.---- (~ ' U I U I ( /'YL)--fA ~~~I~~ U Il~~"~~ ~~~~ ~~ (J 1 / ~F s~ ) ~LSt ~~0 &0 ~ ;rr~! ' , ,LjUt)/'J ~ /~ ,~ I ~~lJ; fo ~ ~.~a-+l ~~ ~~ () I.~ ~ P-u flu~ 1 ,~J1w ~~ '. ct1-w- ~ ~ ~lJ ,d cJ-e;uL~ jUVJ-~~ ~ . fA'-r fnv ,J~ 11'1"[" st, {0- ~U (f/~-+ ?)~~ r - ~ +u ! ~ ~ ~ ~ Jh J7-frJ. .~--- fU!.scLui . ' DEVELOPME" T ORDER OF THE CITY COMMIS? `N OF THE CI 1 1( OF BOYNTON BEACH, FLORIDA P $ Z pn►en - BoUdinp ypaatia9 1st 0 License ity letk PROJECT NAME Ocean Ave & SW 1 Ave Alley Abandonment between Seacre- . '%• and SW 2nd St (ABAN 11 -002) (City Initiated) APPLICANT'S AGENT: Mr. H David Kelley, Jr , PE /PSM, City Engineer APPLICANT'S ADDRESS' 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION' April 19, 2011 (1 Reading) and May 3, 2011 (2n Reading) TYPE OF RELIEF SOUGHT. Request to abandon an unimproved alley right -of -way and dedicate as a utility easement LOCATION OF PROPERTY Alley Between W Ocean Ave and SW 1st Avenue and between Seacrest Ave and SW 2nd Street DRAWING(S). SEE EXHIBIT "B" ATTACHED HERETO 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. S C /L A' N C o 2. The Applicant DEC 08 2011 HAS _ HAS NOT City Clerk's Office 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 Applica is 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. 5--ca'- —/l (9 Clerk S \Planning \SHARED\WP \PROJECTS \Ocean Ave and SW 1 Ave ABAN 11- 002 \REVISED DO FOR 032211 doc EXHIBIT "D" Revised Conditions of Approval Project name. Ocean Ave and SW 1 Ave Abandonment File number: ABAN 11 -002 Reference DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS — Forestry & Grounds '_______4_ Comments: None PUBLIC WORKS- Traffic Comments: None FIRE Comments None POLICE _ Comments. None ENGINEERING DIVISION Comments' None BUILDING DIVISION Comments. None RECREATION AND PARKS Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments Revised Conditions of Approval Ocean Ave & SW 1 Ave ABAN DEPARTMENTS INCLUDE REJECT 1 Alley abandonment is contingent upon retaining the full width (18.2 feet) as a utility easement for all land area abandoned. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments To be determined. S \Planning \SHARED \WP\PROJECTS \Ocean Ave & SW 1s Ave ABAN (City Initiated) \REVISED COA FOR 032211 doc � __— _—_ _— _� ` BOYNTON EACH BOULEVARD ... __......... _' / � .r . i BLOCK 4 . / o | ' | �' ' ' � | • / i WEST OCEAN AVENUE EAST OCEAN El 1r 13 OCK 10 cr1 .3 paio-, 64 ■ , ; 5. I [Led ii L 1 (84 L s j 1 29 E g , ; g f „15 1 8 T g 1 , 1 vi c 1 ..3 . ,R i - - - --- A-K E----- -- ----AVE_ ,..,-.-...,-- ---- - --- -- _ ______r nr-.. , , .,, 0- . , • , , - .t., ..-. ,, P. wo.f 1 0 1 . f 1 .I. o 1 tt I ' • 1?-I._ • " - II ; - --- -- ' - ''...;72 - .4 ; III 7 I - Tit ..7r...F. 27. - - -Er Irr-I 1 I 7 ■ -t.II 2. oV,. 2 9 14 5 6 7 A 6 if, tl 12 13 to 2 3 n 1.5 6 7 8 9 lo )1 12 13 14 75 16 14 I, i 16 11 19 I - -;"----■ ot, Vi ---- ; -7 :1 -7 w...1.7 . P ' I IL _ 1 111111 -' 22 ' ffilaill_ 19 2o 71 72 23 23 PG f'''''' '-.L--'-'7" L-.1)e'r*--- 38 „.347.:3! '%:. Is 1p 20 VI 22 25 71 2.F 77 i 2 5 1 - _ _ 7. . : _. t_ _. . 7 - , . r .., .:: . .1 ! 7: z . _ .:: . ,:,, , .8" ..- -- '" POINCIANA STREET e, If • ..1 I, . 3 4 iu !,, , - . - 1 9. 78 9 10 11 12 .3 14 s, 16 17 16 1 J II . g 3 4 .5 g 7 g, 9 to tf •7_ 1 3 14 LS 16 '..‘ 9 9 4 9 6 7 e 9 10 II 17 '3 14 "E. 1 14 , .., - EL - Ct • . '; tt k_....°_ ..tx_L I , 1 ..., 22 2 2 24 2 , 3 4 3,2 26 29 ..63 31 32.33 34 35 36 r-- '1 IS 13 2. 9' 23 2 VA 1,5 26 71 2A 79 30 3'Z 22 7 9 7 . •5 7 . 7 7 78 . A 3 ' " A 1. 3 , 3,1 27 571 14 1 .' I D i t...: ( . , . . .. ... i ... ar,... cs • • ,... t OCEAN AVE z . t J 7 = - • r,, l j, f "'""""""'""'""'"""'" r '''..''. 7 "*"."."' " "" 1 -17. •1-1•-• 1- - , 9 4 9 6 7 A 9 to of 1 1 25 H 19 ov 17 li■ 0 1 45. 3 10 If 12. 9 14 1, ri, 1 33 45 - ' 43, 14CLUD1.13 '"- -- 4 7 ' ...1 '"" 4 --- 9 -5- 4" -- ILI E.1 Z • 1- 3 • ' II B0 tt .4,1_, '• ‘& ILI 1 - -------wiz. ' r■ ____ .4 . 0 ', 2., 71 72 7).24 71 39. ly 26 29 34 !I 37 53 34 37 3, .7 .8 i3 20 21 77 „, „ .„ 31 33 Z 57 +a vl 5a Al At 313 34 46 36 37 39 19 4. 44 41 I r 44 : H E4 - . _my.y , ..2.4_ Z/z.. 'i _ __, _ __ li _ . _ _ _4, :4 _ _ _ _ _01_ .. ,,,,,, _ ...•,.•< _ ___ _ __ . .1 . . • - - • • Yr , ' .' . ,.., JA,5 Isi 14 E. STREET " - ,. _ . _e_' -___„_' „,_r_ ,,, „ 1 gill -,1-- - I 2 9 4 31 6 7 16 ■ 2 3 4 .7 6 7 A 9 to A 9. 1 ,5 27 1 1 13 i : 46 l' ' - ss■ . :^, " t • '-'''. t' '- 1 ' 7 •I• ! 1 z ' 111111 • .8 .41 47 1 "2 z ' I - - - .-1- ift 701.7o 27 7 /4 71 31 gt .25 34 .7 12 I, Z. LI 22 23 26 El ZE, :7 ZI1 2,.3. 3 f :t ■ 9 . I _ , _ __ . . .. r • ,... .77 i I D 1 D E 3 T R E E T , _ , rz - - EXHIBIT "A" - SITE LOCATION MAP OCEAN AVE & SW 1ST AVE (ABAN 11-002) Bo nton Beach .04• 7, _!:., s , . - ' 'i ' i '-- III II frr A' ....„, r NW A a u) I u) .., R-1 A ., . ., PU ' Cf) 73 C N— C\I cn , co , l W Ocean Ave SITE ......,..- ....,..„,,,,..., P A II .. . SW 1 st Ave , 4 ; ,' 1, 4 -,' 4 '" ' : ,, ''',„ ''''1, ,. '," , , _ 11.,,` 4-, „ ,, , ,i' t a - ;',, -_ 'h. 7`4., ..,.; .t",. -q' — '— SW 2nd Ave - , R-3 „ 4 - (t, ---t. • : , , 150 75 0 150 300 450 600 __, '''''' mie '• Feet ii■ mil ■ ■II■ DEVELOPMEN f ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA Building Engineering Occ. License Deputy City Clerk PROJECT NAME. King's Academy Pre - school / Daycare APPLICANT'S AGENT Glen Hanks, Glen Hanks Consulting Engineers, Inc APPLICANT'S ADDRESS: 7522 Wiles Road, Suite 203 B, Coral Springs, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2011 TYPE OF RELIEF SOUGHT: Request Conditional Use / Major Site Plan Modification approval for a 5,690 square foot pre - school / daycare within the CorePoint Church located on lots 18 & 19 in Quantum Park LOCATION OF PROPERTY 1275 Gateway Boulevard 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. �+ p A , 2 The Applica9t SCANNED HAS HAS NOT DEC 08 2011 y n established by substantial competent evidence a basis for the r r e ff lf ' C 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 Applicant's application for relief is hereby •RANTED 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*. — I / • DATED — I 1 V) • Pi City Clerk S \ Planning \SHARED\WP \PROJECTS\King's Academy \CO 2 MSPM 11- 001 \DO doc TMs, P4 EXHIBIT "D" CONDITIONS OF APPROVAL Major Site Plan Modification Project name: King's Academy Preschool File number: COUS 11- 002/MSPM 11 -001 Reference: 2nd review plans identified as a Major Site Plan Modification with a April 5, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: 1. The traffic analysis has been submitted to Palm Beach County, even though the building is within the Quantum Park DRI, in order that the County may review potential impacts to a corridor which connects to 1 -95 and to account for the additional trips to the system for modeling purposes. (NOTE: The X applicant will be required to comply with any recommendations outlined in the concurrency approval deemed necessary by the City, at the City's sole discretion). 2. At time of permit submittal, explain how surface water is directed away from the playground area and provide typical cross - sections of the playground /pervious /impervious areas. Show the grading, paving, drainage X rearrangements of the "new parking layout" to the nearest drainage catch basins. UTILITIES Comments: None FIRE Comments: 3. All other items will be addressed at the time of plan review X POLICE Comments: None BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments X may not be generated by the Commission and at permit review. 5. At time of permit review, submit signed and sealed working drawings of the proposed construction. X COA amended (at 5 -17 -11 Comm mtg).doc 05/23/11 2 DEPARTMENTS INCLUDE REJECT 6. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order X and approved by the City Commission. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 7. The applicant must have the landscape /irrigation improvements on lots #18A and #19A inspected by the Quantum Park POA in coordination with the City. X PLANNING AND ZONING Comments: 8. The operator of the preschool /daycare will be responsible for informing all parents of the appropriate circulation pattern for exiting the parking lot, as well as enforcement thereof, as depicted and described in the letter from the X Traffic Engineer. 9. The applicant is responsible for compliance with Ordinance 05 -060, the "Art in Public Places" program and must demonstrate their participation. X 10. It is the applicant's responsibility to ensure that the Conditional Use/Major Site Plan Modification is publicly advertised in accordance with Ordinance X 04 -007. PLANNING & DEVELOPMENT BOARD Comments: 11. In lieu of placing orange cones to direct traffic daily, the applicant shall place permanent flexible tubular delineators, directional signage and pavement markings as approved by staff prior to permitting. X CITY COMMISSION Comments: 12. Re- instate COA Number 8, previously rejected by the P & D Board and reject the P & D COA Number 11. 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EB# 26034 Palm Beach County SCALE 1 ° = 50 7 1/9/1011 April 4, 2011 Edward Breese - Senior Planner Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: The Kings Academy — Supporting Narrative for Conditional Use Application 1275 Gateway Boulevard Job No. 110101 Dear Mr. Breese: To facilitate the city's review of the conditional use application this office has prepared the following narrative detailing how each of the thirteen criteria are addressed. 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Vehicle access to 1275 Gateway Boulevard (Flex Building) is provided by two driveway connections to Gateway Blvd. which connect to circulation aisles within the existing parking area. Pedestrian access to the proposed day care / preschool use is accomplished via existing sidewalks from building entrances to the public sidewalk along Gateway Boulevard. The proposed day care / preschool requires all parents /guardians to park and walk their child(ren) into the facility. No curbside drop off is provided. Emergency access to this building is provided via existing paved surfaces. Fire department apparatus can circulate within 100 ft of all 4 sides of the building. 2. Off - street parking and loading areas where required, with particular attention to the items in subsection D.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed conditional use (daycare / preschool) will utilize existing and previously approved parking areas. This site, Lots 18 and 19, provide 226 The King's Academy Conditional Use Narrative April 4, 2011 Page 2 parking spaces where 176 are required. Glare from parked vehicles is mitigated by the existing perimeter hedge and shade trees planted within the parking lot and along the perimeter. The proposed preschool is located within the Quantum Park DRI. The immediate neighbors include a charter school, water management areas, and a 6 lane divided highway. Noise from this facility will not have an impact on adjacent and nearby uses. 3. Refuse and service areas, with particular reference to the items in subsection D.1. and D.2. above. Previously approved refuse and service areas will be utilized. 4. Utilities, with reference to locations, availability, and compatibility. Lots 18 and 19 of the Quantum Park DRI are currently served by an 8" water main, looped through the site and private sewer laterals connecting to the public gravity sewer in Gateway Boulevard. The proposed preschool will utilize existing utility connections. The proposed preschool is expected to result in a 20% increase in water consumption (and sewer generation) for the area considered (a 10% expected increase for the overall building). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The approved site plan for Lots 18 and 19 depicts 10 ft. buffers along the side and rear yards, and a 25 ft. buffer along Gateway Boulevard. These buffers will remain and be utilized for the proposed conditional use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed conditional use will utilize a portion of the existing monument sign for their purposes. Exterior lighting was previously permitted and approved and is not being changed in response to this conditional use application. 7. Required setbacks and other open spaces. Setbacks required by prior site plan approvals for Lots 18 and 19 are met by the proposed conditional use preschool. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed conditional use is compatible with the surrounding zoning district. Locating The King's Academy preschool at 1275 Gateway Boulevard 2 HANKS _j consulting () engineers, inc. The King's Academy Conditional Use Narrative April 4, 2011 Page 3 is compatible with the other uses on this site. As set forth in the traffic statement, peak traffic for the existing school, church and proposed preschool are distinct. Peak parking demands for two of the uses occur at separate times. The proposed conditional use will not generate smoke, noise or odor (other than the occasional dirty diaper). The roadway system has the capacity to handle the proposed increase in traffic. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The conditional use is being requesting within the confines of an existing and previously approved building. The applicant is not proposing any exterior changes to the structure of the building. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed condition use is not expected to have a negative impact on nearby properties or the city as a whole. The proposed preschool will provide child care in close proximity to employment centers in Boynton Beach and within easy access of I -95. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. Lots 18 and 19 were reviewed and received site plan approval from the City of Boynton Beach. As part of the proposed conditional use application missing, diseased, or sub - standard landscaping on the site will be brought up to code requirements. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. a. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: b. Data on the sound emitting devices /equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. c. The analysis shall specify the authority and /or basis for determination of the acoustic level of the sound emitting devices/ equipment. 2 HANKS _i consulting (`. engineers, Inc The King's Academy Conditional Use Narrative April 4, 2011 Page 4 d. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound - reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used. Analysis of noise is not required as part of this conditional use application for a pre - school. Sincerely, Glen A. Hanks, P.E., PTOE Senior Professional 2 HANKS j consulting CD engineers, Inc. 'HANKS consulting engineers, inc. April 13, 2011 Edward Breese - Senior Planner Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: The Kings Academy — Supporting Narrative for Conditional Use Application 1275 Gateway Boulevard Job No. 110101 Dear Mr. Breese: After observing the operation of an existing The King's Academy preschool in Greenacres and reviewing the site plan for the subject application, this engineer developed the following recommendations for traffic circulation during pickup and drop off periods. Morning Drop Off Traffic destined for the King's Academy Preschool will utilize the signalized driveway. Upon entering the driveway, preschool traffic will turn right and park in the 30 or so spaces in front of the preschool. After walking children into the preschool, parents will proceed west, turn right at the end of the building and then left onto the main driveway. The outbound lane for the row of parking adjacent to Gateway Boulevard will be closed off with cones from 7 to 9 am, as shown on the attached traffic circulation exhibit, and force drivers to enter the main driveway approximately 100 ft. to the north. Parents are required to walk their children into the facility. Curbside drop off is prohibited. Afternoon Pickup According to the applicant, pickups occur sporadically from 3 until 6 pm. Since departures from the preschool are more dispersed it is not necessary to close the outbound lane as shown on the attached exhibit. Parents will park, walk into the preschool, and pickup their child. They will then depart using the existing driveway. 7522 wiles rd., ste 203 -B, coral springs, fi. 33067 phone. 954- 752 -BBBO fax: 954- 752 -8869 EB #26034 The King's Academy Traffic Circulation April 13, 2011 Page 2 I trust that these recommendations are acceptable to the City of Boynton Beach. If you should have any questions or concerns regarding the suggested operation please feel free to contact this office. Sincerely, Glen A. Hanks, P.E., PTOE Senior Professional FL P.E. No. 53852 W HANKS J consulting 0 engineers, inc.