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Minutes 07-19-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JULY 19,2011 PRESENT: Jose Rodriguez, Mayor William Orlove. Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim 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 Holzman Mayor Rodriguez called the meeting to order at 6:50 p.m. An invocation was given by Commissioner Ross and the Pledge of Allegiance to the Flag led by Commissioner Holzman. It was explained that the start of the meeting was delayed due to a closed-door session with the City Attorney that had started at 6 p.m. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay pulled Item 6.G for discussion. Commissioner Holzman pulled Items 6.A and 6.C. Commissioner Ross pulled Item 6.F as did Mayor Rodriguez. 2. Adoption Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Orlove seconded the motion. 2. OTHER A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Commissioner Ross announced, on behalf of the Greater Boynton Beach Sister Cities Committee, there would be a reception at 5:30 p.m., on Friday, July 29, 2011 at Prime Catch Restaurant for Yuanyuan Jiang from the Sister City, Qufu, China and to celebrate the Sister Cities Program's 10th anniversary. Commissioner Ross would be attending the Grand Re-Opening of JC Penney at the Boynton Beach Mall, Friday, July 22, 2011 at 9:30 a.m. As Chair of the South Central Wastewater Management Board, she announced the quarterly meeting would be held on July 21, 2011 at 5 p.m. Vice Chair Orlove mentioned the Chamber of Commerce would be hosting a breakfast on Thursday, July 21, 2011 at the Marriott at 7:30 a.m. with Senator Maria Sachs to discuss the progress made during the last legislative session. Commissioner Hay mentioned he would be attending the annual conference of the League of Cities on August 11, 2011. He had a packet of resolutions for review that were being proposed. Commissioner Hay voiced concern the budget workshop meetings had been advertised for certain times, but had been adjourned earlier than advertised. Citizens had called frustrated that the meetings were over earlier than advertised. Commissioner Hay hoped the same issue of timing would not happen again. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of a video created by teens participating in the City's Youth Empowerment Center (YEC) at the Carolyn Sims Center. Presenters will be Recreation & Parks Director Wally Majors, YEC Coordinator Vickie Henderson, and YEC teen participants. Mayor Rodriguez indicated he had attended the the County Commission meeting advocating for the Youth Violence Prevention Program. He was proud of the progress made at the Youth Empowerment Center in the City of Boynton Beach. Wally Majors, Director of Recreation and Parks, had also attended the meeting and noted the Criminal Justice Commission had singled out the Boynton YEC as being one of the better functioning programs. A video was viewed that was produced and created by the youth in the program and illustrated the work and activities at the Center. Vickie Henderson, YEC Coordinator, introduced three youth involved in the program. Shateka Sims felt the program helped her self-esteem. She had participated in the female mentoring program and thanked the City for supporting the YEC program. Wes Miselian had come to the program through the Juvenile Justice Program to complete community service hours. He joined the employment skills program and obtained a summer job to stay out of trouble. He thanked the Commission for having the program and thanked the staff for their assistance. Romey Miller, an originating participant, presented the Commission with new t-shirts and gifts and also offered thanks for the program. 2 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Mayor Rodriguez reiterated how proud he was of the youth involved in the program. He had seen growth in the staff and the kids. He especially thanked Michael Low, a member of City staff and a volunteer for the program. He also applauded the efforts of Wally Majors who took over the program in the last year. B. Presentation of Community Ratings System (CRS) Plaque to Mayor and City Commission. The presentation will be made by Andrew Mack, Building Official and Kathleen Lee, Building Div. Fee Coordinator & Palm Beach County CRS User's Group Co-Chair. Andrew Mack, Building Official and Engineer, presented a plaque from FEMA acknowledging the hard work and efforts of the City of Boynton Beach and staff to achieve a Class 7 rating as part of the National Flood Insurance Program and the Community Rating System. It was a significant achievement because Boynton Beach was one of only nine cities, out of 27 jurisdictions in Palm Beach County, that had attained the Class 7 rating. The participation of the City in the program reduces the loss of lives, property damage, restores environmental function of the flood plains and holds development to minimum standards. The citizens of the City will receive a 15% discount on flood insurance. Mr. Mack thanked Kathy Lee, Application Technician, for her efforts. Mr. Mack explained every five years there is a cycle visit and programs were initiated to increase the credits toward the rating. It was hopeful that next year's evaluation would produce a higher rating and larger discount for the citizens. 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) Shirley Jaskiewicz, 1917 SW 13th Avenue, a past Commissioner, had initiated the purchase of the building for the Senior Center and the Shopper Hopper transportation program. They were two programs that the City of Boynton Beach could be proud of as they serve the needs of so many vulnerable people. She urged the Commission to maintain the two established programs and facilities, even if modifications were needed. Mayor Rodriguez pointed out the Commission was committed to find a solution to the Shopper Hopper issue and may create a new program to serve the needs of the residents. Willie Aikens, 726 NE 15t Street, President of the Heart of Boynton Homeowners Associations, understood things had not been eliminated, but pled to retain the Daycare 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Center of Boynton Beach, Heritage Fest, Bull Dogs and Youth programs that need the support of the City. The greatest investment of the City would be in the children. The programs should not be taken away. Alan Willis, President of DISC, Development of Interracial Social Change, located in Pearl City, Boca Raton spoke about the love and care available at the Daycare Center and expressed his hope the programs for youth could continue throughout the community. Victor Norfus, 261 N. Palm Drive, reported there was concern in the Heart of Boynton neighborhoods about the youth programs and funding. The PAL (Police Athletic League) offered many sports opportunities for youth that needed funding. The Heritage Festival also aided the children and the Head Start Program had been supported by the City that should be continued. Carol Volkman had worked at Lucille and Otley's for 32 years and is currently Lucille's caregiver. She asked the City reconsider opening the Senior Center from 1 p.m. to 4 p.m. She thanked all the volunteers who assisted other seniors at the Center and assisted in achieving the accreditation. The Senior Center has many special events to keep the seniors more active and involved. For many, it is their only outlet for socialization and the bus service is essential to the welfare of many elderly residents. Wade King, 235 NW 10th Avenue, contended senior citizens and children are the first to be affected by cuts in bad economies. He reported the poverty level in Boynton Beach was approximately 11 % two years ago and broke the percentage down by race and male gender by age. The crime rate in the City of Boynton Beach was above average and the lack of funding for essential youth programs was essential to keep the rates lower. Angela Barnes, 644 NE 10th Avenue, argued the suggestion to close off ih, 8th and 9th Avenue onto Federal Highway was not necessary since there was no atrocious crime rate in area. Any action to close the streets would be a waste of taxpayer monies and there was no need to do so. Roberta Larsen, 4359 Francina Court, Lake Worth, a City bus driver, spoke for her riders who felt it would be outrageous to get rid of the Shopper Hopper. The riders were like family to many and they needed the transportation assistance. John McGovern, Board Chair of the Greater Boynton Beach Foundation, distributed a handout of information on the Foundation, its mission, goals and Barrier-Free Park project. The giving opportunities were also outlined in the materials. Mr. McGovern introduced Sharon Geitner, who had prepared the materials and donated many hours to the task. 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Sharon Geitner, 9982 Watermill Circle, thanked the City for the support and making the progress of the Foundation to date possible. Combining with COWBRA and the Chamber of Commerce has been a huge success and she distributed examples of marketing materials that had evolved. Vice Mayor Orlove requested a status on the fund raising efforts for the Park. Mr. McGovern outlined the funding levels available and reported there were two named donors in dialogue that would total over $200,000. It was a work in progress. Sunny Garcia, 1631 NW 3rd Lane, complained about the hours of the budget workshop meetings. Mr. Garcia urged the Commission to save the animal shelter. He also suggested if the Commission took a pay cut, an employee's job could be saved. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Orlove appointed RoseMarie Yerzy to the Code Compliance Board. Commissioner Holzman seconded the motion. The motion passed unanimously. Mayor Rodriguez nominated Gary Cole as an alternate on the Code Compliance Board. Motion Commissioner Holzman so moved. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Motion Commissioner Ross nominated Joseph Casello to the Golf Course Advisory Committee. Vice Mayor Orlove seconded the nomination. The motion passed unanimously. Motion Vice Mayor Orlove nominated Frank Bregoli to the Veterans Commission. Commissioner Holzman seconded the motion. The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Motion Commissioner Ross moved to table the rest of the appointments. Commissioner Hay 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. PROPOSED RESOLUTION NO. R11-075 - Approve contract between the City of Boynton Beach and Culinary Solutions to provide meals for activated City employees post-disaster in a Declaration of Emergency, such as a hurricane or other disaster. Commissioner Holzman questioned the number of people being called in during an emergency. Ms. LaVerriere replied, with Public Works, Police and Fire, there is usually 125 to 150 employees in a given day that would cover the guarantee for 100 meals. Jeff Livergood, Director of Public Works and Engineering, recalled it was not unusual to have 200 to 250 staff on duty for a 12-hour shift. The first week after a hurricane is very hectic and the meals are served during the time period of the declared emergency. The length of time is based on when services and lights are restored. Ms. LaVerriere added the cost was fully reimbursable from FEMA (Federal Emergency Management Agency). Tim Howard, Deputy Director of Finance, advised it was difficult to find vendors who would sign a contract without a deposit or yearly guaranteed amount. Mayor Rodriguez felt there should be some investigation by staff that the vendor has the capacity to provide the meals during a hurricane or disaster situation. Motion Commission Holzman moved to approve subject to supporting documentation that Culinary Solutions can act during a hurricane or disaster situation. Commissioner Hay seconded the motion. The motion passed unanimously. B. Accept the written report to the Commission for purchases over $10,000 for the month of June 2011. C. PROPOSED RESOLUTION NO. R11-076 - Approve a Material Recovery System Agreement with Unique Management Services, Inc., for the City of Boynton Beach Library, at a cost of $8.95 per patron. Also, allow the purchase of the related DebtCollect Computer System Interface Module from SirsiDynix at a one-time cost of $4,300 for the first year and $790 maintenance cost the second year. 6 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Commissioner Holzman inquired why only two other jurisdictions using the system were contacted. Craig Clark, Library Director, had knowledge Palm Beach County had been using the system for years and had a 62% success rate. There is no guarantee in the contract for a set percent of return; however, there is a 98-day out that could be exercised. A regular status report could be provided to assure the expense is warranted and compliance with the contract. Staff time would be saved as well as postage expense. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. D. Approve the Bid Award for "SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS & PARTS FOR THE AUTOMATED GARBAGE COLLECTION PROGRAM" Bid # 054-2510-11-JMA to Otto Environmental Systems of Charlotte, NC. Purchases will be made on an "AS NEEDED BASIS", anticipated annual expenditure is $67,047. E. PROPOSED RESOLUTION NO. R11-077 - Approve piggyback of the three (3) year extension of the Solid Waste Authority's agreement with Malcolm Pirnie, Inc. of Plantation, FL for Disaster Debris Management and Support Services. The Agreement No. 08-233 (attached) is to be utilized on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA. The Solid Waste Authority complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements and the option for this extension is provided for in the agreement. F. PROPOSED RESOLUTION NO. R11-078 - Approve the Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services. Commissioner Ross highlighted the agreement because it generated revenue. Ms. LaVerriere reported the anticipated revenue would be $29,000 and it had been included in the budget. Mr. Mack reported the service had previously been provided to Hypoluxo by the Town of Wellington. Cutbacks required termination of that arrangement. Discussions ensued and an agreement was reached with the City of Boynton Beach. The City currently provides fire inspection for the Town of Hypoluxo also. 7 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. G. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 048-1412-11/MFD to the following nine (9) companies: Calico Industries, Central Poly, Dade Paper, Grainger, Interboro Packaging, Neeld Paper, Preferred Chemical, Pride Enterprises and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $56,000. Commissioner Hay inquired if the companies reqUlrrng a mlnrmum charge were necessary. Mr. Howard explained if the minimum order quantity was needed, the Warehouse Manager would use the lowest bidder. If the order would be less than the minimum order, the second lowest bidder would be contacted. It would provide some flexibility. Commissioner Hay noted the cost had gone down over the past three years. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. H. Approve the minutes from the City Commission meeting held on July 5, 2011 I. Approve Reclassification of Risk Management Department position #07030 Insurance Claims Specialist (FT) to #07020 Risk Assistant (PT). 7. BIDS AND PURCHASES OVER $100,000 A. Approve the Bid for the "ANNUAL BID FOR PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" Bid # 049-1412-11/MFD to the following five (5) companies: General GMC, Palm Beach Springs, Palm Truck Center, Rechtien International and Total Truck Parts on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $102,000. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 B. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 061-1412-11/MFD to the following four (4) companies: Ferguson, HD Supply Waterworks, Lehman Pipe and Plumbing Supply and MSC Waterworks on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $165,000. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R11-079 - Approve and authorize the Interim City Manager to sign Amendment NO.1 reducing the scope and amount from $678,668 to $285,300 to Task Order #U08-5-01 with CH2M Hill, Inc. for the Central Sea crest Corridor Drainage Improvements and Water Main Replacement project. Motion Vice Mayor Orlove moved to approve for discussion. Commissioner Hay seconded the motion. Kofi Boateng, Director of Utilities, reviewed the central Seacrest project that would improve water quantity and quality and replace the old and damaged pipes. It would improve fire protection by adding additional fire hydrants and bring improvements to the neighborhood with sidewalk replacement, driveway aprons added and roadway overlay. Nuisance flooding would be reduced and some water quality improvements. Older pipelines would be replaced with larger pipes and others would be moved from the rear of properties to the front to facilitate maintenance. Stormwater features would be installed to improve the flooding in some low-lying areas. Swales would be installed for additional stormwater storage. Unpermitted pavement in the rights-of-way would be removed. On a short-time basis, traffic flows would be altered and loss of parking space would occur including the removal of landscaping and irrigation piping in the swale areas. A profile and history of the project that stared in 2002 was given. On three occasions the project was halted due to several factors and then re-started when the project lists were prioritized. Recently, further deterioration was found that would expand the scope of the project. To date, approximately $1 million has been spent on the project. The contract vehicle previously used on the project expired in 2009 and created some legal challenges. 9 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 There were four possible options to begin moving forward. First option would be to move forward with the existing contract. The second option would be to bid the project as is and not include the recently discovered deterioration that would require more inconvenience to the residents in the area when the same area would have to be disturbed. Third option would be to issue a new RFQ (Request for Qualifications) for a successive engineer that would add costs and CCNA (Consultant's Competitive Negotiations Act) regulations that required strict compliance. The recommended option would be to modify the scope of the existing contract to leverage the $1 million previously spent. The construction management portion of the existing Task Order would be eliminated, a separate RFQ for construction management issued and the engineer of record engaged, CH2M Hill, to do the re-design with the additional issues included. The design could be completed by December, 2011, the work advertised in December, bids open in February, 2012 and construction started in May-June 2012. Completion of the first phase should be the early part of 2014. The benefits to the community would be enhancement of the recharge to the surficial aquifer, improve water quantity and quality, safer streets, increase property values and improve the appearance of roadways and swales. Vice Mayor Orlove confirmed the proposed funds for the project would not be derived from the bond issue previously discussed. Mr. Boateng replied the $285,000 was already budgeted. Michael Low, Deputy Director of Utilities, described the new problems that had been discovered in the same area as the original project. The re- alignment of the gravity lines had been completed and pulled out of the project scope. Attorney Cherof advised although the work to be completed may be contained within the same boundaries, the original scope of the project was not as broad as the original boundaries. Commissioner Holzman thought the length of time to complete each phase was excessive. Mr. Boateng indicated it would be 18 months for each of the four phases. Phase 1 would be completed in August, 2014. Mr. Roschek interjected the 18 months would commence when the actual construction began. Ms. LaVerriere suggested an updated presentation be given to the neighborhood. Patricia Phillips, 805 SW 3rd Street, commented her property totally floods and the problem has not been resolved. It was determined she resided in Phase 2 and the project in her area had not started. Alton Sheffield, 1522 N. Seacrest Boulevard, asked if the aprons and replacing sidewalk work had been awarded to a contractor and if the use of minority contractors was included. He was directed to call the Purchasing Department. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $14,000 In Konstantinos Kampouris v. City of Boynton Beach Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. B. Approve settlement with Blake's Towing & Transport Inc. and authorize the City Attorney's Office to draft a settlement and release agreement. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. C. Recommend approval of negotiated settlement of $7,500 in Cheryl Hughes v. City of Boynton Beach Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 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. Request for New Site Plan approval to construct an 8,806 square foot two-story medical office building with retail pharmacy on a 0.66-acre parcel in the C-3 (Community Commercial) zoning district. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Kathleen Zeitler, City Planner, located the property along the Federal Highway Corridor Community Redevelopment Plan and within the Urban Commercial District Overlay Zone, and the adjacent properties and zoning. The Sibia building had previously been approved in April, 2009 and the Site Plan expired on October 21, 2010. The current Site Plan is very similar and staff expedited the review. It involved a two-story 11 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 commercial development of 8,800 square feet consisting of medical offices, a retail pharmacy and common area. The plan complies with the minimum setbacks of a C-3 zoning district and Urban Commercial District Overlay Zone. There would be an understory drive-thru on the first floor area and medical office space and retail space. The second floor would be medical offices. The building would be contemporary Mediterranean design, Spanish style architecture and a stucco finish. The exterior walls would be earth-tone colors, peach and pastel terra cotta. The required landscaping was outlined. Reclaimed potable water would be the source of irrigation with a sensor system to reduce water use. Two tile murals would serve to comply with the Public Art requirement. Staff recommended approval, subject to 15 conditions. Fred Griffin, 1499 S. Federal Highway, represented the owner and indicated they accepted the conditions. Vice Mayor Orlove inquired about the status of the proposed assisted living facility in the area. Ms. Zeitler reported the Site Plan had been approved, but nothing had moved forward with the project. Vice Mayor Orlove asked if there were tenants for the building. Mr. Griffin replied both Dr. Sibia and Dr. Zopo who occupy offices at 515 S. Federal Highway would occupy the second story. He made it clear that the pharmacy would have nothing to do with the medical offices. It would be an independent, full-service pharmacy. Rodolfo Acevedo, AW Architects, 7700 N. Congress Avenue in Boca Raton, Architects for the project, advised the actual parking spaces would be to the sides of the building with the drive-thru going from Federal Highway to 4th Street. The landscaping would help to minimize the view of the parking. Commissioner Holzman hoped the owners would attempt to make the native plantings more than the 50% minimum required. He also contended there was no connectivity in the color scheme along Federal Highway. Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Discuss the request by the 300 Property Owners Association to enter into a land-lease agreement for the Meadows parcel located at the SW corner of Meadows and Springfield Boulevards. Wally Majors, Recreation and Parks Director, explained the property was dedicated to the City as part of the park impact fee when the property was originally developed. It is approximately five acres and the plat dictates the streets of way and public park were dedicated to the City of Boynton Beach for perpetual use for public purposes. Staff 12 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 considered the request and recommended any agreement be made as a maintenance agreement. Commissioner Ross wanted assurance that the residents would be properly informed. Commissioner Holzman wanted clarification on the recommendation. Mr. Majors advised the intent was to hear from the Homeowners' Associations and meetings had been held revealing better maintenance was the thrust of the discussions. Currently $1,800 a year was being spent to maintain the property. A lease agreement would allow the Homeowners Association to take over the maintenance and save the City of $1,800 annually. Ms. LaVerriere advised a formal proposal had not been offered by the Homeowners Association. A policy decision would be needed to give staff direction on how to proceed. Vice Mayor Orlove recalled some contention with a possible passive park in the area and the Park being in the Capital Improvement Plan (CIP). Mr. Majors replied a conceptual plan was begun a few years ago, but the Commission decided not to move forward with the Park. Ms. LaVerriere remarked the Park was no longer in the CIP. Commissioner Ross, who was also a resident of the development, advised the other residents were concerned with the wildlife in the area, the tree line and maintaining the area in its natural state. It has been contentious within the entire development. Mr. Majors interjected the Recreation and Parks Board had reviewed the area and recommended moving forward with other projects. Mayor Rodriguez declared there was consensus for Mr. Majors to further discuss the project and come back with any recommendations he felt would be appropriate. Ms. LaVerriere requested the Homeowners' Association bring forth some type of written proposal. Motion Commissioner Holzman moved to instruct staff to speak with the Property Owners Association (POA) and bring back some type of contract to make a decision on. Commissioner Ross requested the motion be amended for staff to speak with the POA Board of Directors, but also include recognition of the residents represented by the Property Owners Association. The residents have ideas and feedback they want to share. Commissioner Ross voiced her constituents' concerns with the intentions of the POA. They do not want the Board to move forward recklessly and do whatever they want with a maintenance agreement that the Commission or staff recommends. Many residents are concerned about the environment. She was unsure how the constituents would be informed. Commissioner Hay seconded Commissioner Ross's amended motion. Mayor Rodriguez was not sure the amended motion had standing. Vice Mayor Orlove seconded Commissioner Holzman's motion for discussion. He pointed out the POA was elected by the residents and represented the community. Discussion with residents would not be appropriate. Commissioner Ross recalled the 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 residents had come forward and stopped a $60,000 design for the Park, even though the POA wanted the $60,000 improvements. There is history. Mayor Rodriguez felt Commissioner Ross had valid points and those could be worked out at the next level. Commissioner Ross agreed. The motion passed unanimously. B. Consideration of Transferring Project Approval from the Planning and Development Board to the CRA Board for Projects Located within the CRA Mike Rumpf, Planning and Zoning Director, commented on the basic purpose of both Boards. The Planning and Development Board had historically been a technical Board that partners with staff to assure compliance with the Code and ensures a project is exposed to the public and heard. The Ordinance outlines the qualifications of the Board members to include designers, real estate agents and lawyers. The roles of the two Boards are very different. Mayor Rodriguez argued the Community Redevelopment Agency (CRA) staff should focus on redevelopment and elimination of slums and the technical piece should be managed and operated through the Planning and Zoning Division. Commissioner Holzman agreed with Mayor Rodriguez. Motion Commissioner Holzman moved to deny transferring project approval to the CRA Board. Vice Mayor Orlove seconded the motion for discussion. Vice Mayor Orlove inquired if the CRA staff members were involved in the process. Mr. Rumpf replied the CRA staff members are on the technical advisory group distribution list. The Conditions of Approval form includes space available for the CRA to add any of their conditions recommended for a project. It would not necessarily be a duplication of services. The CRA would review the site plan to be consistent with the redevelopment plan and Downtown Master Plan. The Planning and Zoning Department is also aware of the conditions of those plans. Commissioner Hay asked if there was anything special about the projects in the eRA area that would warrant the proposed transfer. Mr. Rumpf pointed out there were two distinct functions between the City staff and CRA staff. The CRA reviews physical improvements to properties for grant purposes and some level of details portraying the level of improvements. CRA staff does not work with the City's Land Development Regulations (LDR) on a level to know them intricately. Similarly the Planning and Development staff is not necessarily familiar with CRA plans because the majority of the plans have been done under contract with consultants. Mr. Rumpf did hold staff responsible for knowing the general recommendations of the redevelopment plans and 14 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 urban design guidelines. Mr. Rumpf clarified his position that there may be benefit for a project to be seen by both Boards that have two different roles. It would be more challenging and lengthen the application process. Commissioner Ross requested input from Mike Simon with the CRA. Mayor Rodriguez recalled Vivian Brooks, Executive Director of the CRA, was opposed to the transfer. Mike Simon, CRA Development Director, pointed out the same people would be sitting in both hearings and would be a duplication of opinion and double work for staff. As long as CRA staff is involved in the meetings, anything the CRA would need can be included. If an independent board is established for the CRA, the issue could be revisited. The motion passed unanimously. 11. UNFINISHED BUSINESS A. Update on the status of developing a "dog park" in Boynton Beach. Mr. Majors explained the issue had been discussed among the Recreation and Parks Advisory Board and they requested a delay of a couple months to complete the annual tour of parks to give the members an opportunity to give better feedback. The dog park is something that has been discussed and will be addressed in the Board's recommendation for all parks and the opportunities available. Mr. Majors felt three months would be sufficient time and possible sites for a dog park are in the inventory. 12. NEW BUSINESS None 13. LEGAL A. Consideration of revocation of the City's Lobbyist Registration Ordinance and adoption of Lobbyist disclosure procedures Attorney Cherof explained his review of the current lobbyist registration and cone of silence being the obligation of disclosure and the types of contacts that could influence voting. The types of transactions would be the award of a contract, award of a grant, approval of a development order, or the acquisition or conveyance of an interest in real property. They are things that involve a significant expenditure of public funds or granting authority or power to a third party. His approach was to eliminate the provisions of the current lobbyist registration which proved difficult to apply and administer, and create an obligation for anybody who participates in seeking an award, contract or in anyway benefits from the City 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Commission having to make a disclosure of contacts by those paid to promote their position. The result of not making a disclosure would be removal from the list of those considered for the award or contract. An obligation would be on the Commission to disclose any contact with an individual in conjunction with casting a vote. Attorney Cherof pointed out there is more legislation now than was in place when the original ordinance was passed. The County-wide Ethics Code is now in effect and the Inspector General in place. His proposal favored going to those two resources for determinations and investigations involving violations. The Inspector General was preferred by examining the minimum qualifications of the Inspector General. Skills in conducting investigation of public agencies or like or similar Inspector General offices were also a qualification. City Managers, in general, have different skill sets. Mayor Rodriguez inquired if the Inspector General had a lobbyist ordinance that would apply to the City. Attorney Cherof indicated there was not specifically at this time. There was entwining of authority because the Inspector General does have authority to come in and conduct investigations regarding procurement issues. The County lobbying ordinance applies only to lobbying to the County Commission or at the County level. Mayor Rodriguez sought clarification that the Commission on Ethics would have oversight of the County's lobbying ordinance. Attorney Cherof replied it could be both the subject matter for a request for an advisory opinion to the Ethics Commission or the subject of a request to the Inspector General for an investigation of a violation. Mayor Rodriguez concluded there had to be some type or ordinance that the Inspector General could manage. Attorney Cherof agreed and advised that was the basis for his recommendation and it would address concerns of the public for total transparency and disclosure. Mayor Rodriguez preferred receiving the lobbyist registration forms and the list to be aware of potential people who may make contact. The new proposal would require a form to be presented the night of the vote on the agenda item that makes a disclosure of engaging in lobbyist activities. Vice Mayor Orlove established the form could be filed prior to the meeting so attendance at the meeting would not be necessary. Attorney Cherof stressed the disclosure had to be current and there could be no contact between the disclosed contact and the meeting, unless it was done publicly. It would be incumbent upon the Commission member to disclose they had been lobbied. The Inspector General could be the watch dog for regulations voted for by the residents of Palm Beach County and justify the six figure expense to the City. Attorney Cherof did not know of any other city that had a lobbyist registration ordinance in place. Commissioner Hay questioned if the proposal would be an increase or decrease in the cost of administering the regulations. It would lower the City's administration cost in the matter with the corresponding benefit of taking the issue away from the City and the influences that could be exerted. It would be an independent view of the issues. There is a pro-rated amount that each municipality is being required to pay and there could be 16 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 additional cost because contacting the Inspector General would be premature to get a cost estimate. Commissioner Holzman commented there was an indication that the current ordinance was vague and he alleged the proposed ordinance was just as vague. The current ordinance simply requires, if any individual lobbies within the City, they have to register. It could be amended to include some of the new definitions and would cure some of the vagueness. The proposed ordinance adds layers upon layers for compliance. The current ordinance is very simple and very straightforward. Commissioner Holzman agreed by using an outside body, such as the Inspector General or Commission on Ethics, would better utilize the City Manager's time if it does not cost the City more money. He could not agree to the proposed ordinance without knowing the costs. Finding someone to do the enforcement for free has been unsuccessful. The two alternatives would be to clarify the current ordinance or get rid of the ordinance all together and go under the County ordinance like all other municipalities. Adding a layer of bureaucracy and disclosure would only discourage business away from the City. Attorney Cherof commented the proposed ordinance was intentionally vague and requires policy decisions by the Commission to be discussed. Vice Mayor Orlove disagreed that layers of bureaucracy would be added. It was clear if there was discussion with a member of the Commission to lobby on behalf of an individual or entity, it has to be very clear it happened. On the other hand, the Commission should make it clear that they were lobbied. Vice Mayor Orlove thought the definition of lobbyist should be broadened to include anyone who contacts the Commission on a particular issue. He also wanted more information on what the Commission on Ethics would provide to the municipality. Mayor Rodriguez liked the current ordinance that required registration of the lobbyist and the form and list sent to each of the Commissioners. He did agree with the Commission on Ethics having oversight; that is part of the proposed new ordinance, rather than the City Manager. Commissioner Hay agreed with the Mayor as did Commissioner Holzman as long as the cost was clarified. Attorney Cherof indicated there are three appeals that have been taken from the City Manager determinations. An ad was placed to find someone to conduct a hearing, but only one response was received that was withdrawn due to lack of compensation. Vice Mayor Orlove reiterated his opinion that a very clear definition of lobbyist had to be established and understood. Mayor Rodriguez declared there was consensus to maintain the current registration system and the Commission on Ethics part, if the cost could be determined. Attorney 17 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 Cherof suggested the definition of lobbyist be tracked with the County Ethics Code so any conflict would be resolved. Motion Commissioner Holzman moved that the City Attorney return to the Commission with a revised ordinance as suggested by the Mayor, with the lobbying fees, as well as the Commission on Ethics, Inspector General piece with associated costs and the definition of lobbyist clarified. Commissioner Hay seconded the motion. Commissioner Ross commented the current situation has been very confusing and the Commission has been seen as guilty. The elected officials should be trusted and given a level of consideration for being elected and working to do the right thing. It becomes overwhelming and speaking to anyone becomes problematic. Mayor Rodriguez opened the issue for public comment. John McGovern, 2620 Spiceberry Lane, hoped the Commission would keep the existing ordinance rather than the proposed change. The direction of the Inspector General is uncharted and solely focused on the auditor function. Investigations have not been considered. He suggested the matter be tabled for a six-month period until the bigger picture is resolved. No one else coming forward, Mayor Rodriguez closed public comment. A vote was taken and the motion passed unanimously. Attorney Cherof advised the current ordinance would be in full force and effect until modified, amended, or revoked. The violations would continue even if changes are made to the ordinance. It was suggested that other publications should be used to find an individual to conduct the hearings. B. PROPOSED ORDINANCE NO. 11-019 - FIRST READING - Approve amendments to the Land Development Regulations to add Florida-Friendly Landscaping standards and provisions. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 11-019 by title only on first reading. Eric Johnson, Planner, explained the Code amendment, a further sustainability initiative. Staff reviewed a model ordinance developed by the Department of Environmental Protection and made adjustments appropriate for the City of Boynton Beach. To garner public input, the proposed language was submitted to various contractors and professionals and received only positive input that was incorporated into the proposed language. It will reduce the environmental impact of development and conserve potable water. Mr. Johnson highlighted the fact that landscaping plans do not have to include 18 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 plants that are 100% native, but they must be native and drought tolerant with low to medium watering needs. Commissioner Ross clarified the change refers to the Climate Action Plan. Motion Commissioner Ross moved to approve Proposed Ordinance No. 11-019. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Economic Development Plan - 8/02/11 B. Authorization for Utilities Revenue Bonds - 8/02/11 C. Veteran's Park on Ocean Ave - 08/16/11 D. City Manager Search - 8/16/11 E. Climate Action Plan Implementation Status Report - 8/16/11 F. Follow-up to City/CRA workshop - 9/06/11 G. Recommendation from the "review committee" to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD H. 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 no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:45 p.m. (Continued on next page). 19 Meeting Minutes Regular City Commission Boynton Beach, FL July 19, 2011 cm OF BOYNTON BEACH ,^ \ /' ~Z~)~---. / Woodrow Hay, Commissio~. ATTEST: .' 0." ...~ff2/~ ~ Marlene Ross, Commissioner 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development p&z PROJECT NAME: Sibia Building Building g Engineering Occ. License APPLICANT'S AGENT: Fred Griffin, Fred Griffin Builder, LLC Deputy City Clerk AGENT'S ADDRESS: 1499 S Federal Highway, Suite 236, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19, 2011 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 10,347 square foot commercial building consisting of medical office and retail, and related site improvements on a 0.66 acre parcel zoned C -3 Community Commercial. LOCATION OF PROPERTY: 709 S. Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. v' 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. SCANNED 2. The Applica� DEC 0 201 L.% 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 "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 T .. c tn' DATED: 7 0� // / ► 1, P City Clerk S \Planning \SHARED \WP \PROJECTS \Sibia Budding 709 S Federal Hwy \NWSP 11- 002 \DO doe ` {y T Q N EXHIBIT "C" CONDITIONS OF APPROVAL Project Name. Sibia Building File Number NWSP 11 -002 Reference 2nd review plans identified as a New Site Plan with a May 26, 2011 Planning and Zoning Department date stamLmarking. DEPARTMENTS INCLUD REJECT E ENGINEERING DIVISION Comments: None (all previous comments have been addressed). FIRE Comments None (All previous comments have been addressed, other issues will be addressed during the Permitting process). POLICE Comments: None (all previous comments have been addressed). BUILDING DIVISION Comments: 1. 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 �l that additional comments may not be generated by the Commission and at permit review. 2. Buildings three stories or higher shall be equipped with an automatic sprinkler system per F.S 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. 4. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application. a The full name of the project as it appears on the Development Order and the Commission - approved site plan. b The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26 -34). DEPARTMENTS INCLUD REJECT E 5. At time of permit review, submit separate surveys of each lot, parcel, or tract. 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 �l plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission 7. The full address of the project shall be submitted with the construction documents at the time of permit application submittal The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department The City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning, & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411 -2741 (Sean McDonald — 561- 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561 - 734 -0872) 8. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with 2007 FBC, Section 11 -4.6 shall be provided in accordance with Section 11- 4.1.2(5)(a) except as follows: a. Outpatient units and facilities: 10% of the total number of parking spaces provided serving each such outpatient unit or facility. b. Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility. 9. Sheet A000- Code Information — Building Code Data: This project shall be designed in accordance with the 2007 Florida Building Code. The following Code Editions are also in effect' a National Electric Code — 2008 b Florida Fire Prevention Code — 2007 c. NFPA 101 — 2006 RECREATION AND PARKS No comments FORESTER/ENVIRONMENTALIST DEPARTMENTS INCLUD REJECT E No comments. PLANNING AND ZONING 10. Prior to the issuance of a building permit for the project, an updated traffic concurrency approval from Palm Beach County Traffic �l Engineering shall be required 11. At time of permitting, revise floor plan (sheet A210) to indicate on the building footprint of Suite B that proposed use is medical office (not professional business office). 12. The current code requires trees (except signature trees and palms) to be a minimum of 4 caliper inches measured no higher than 6 inches above the ground. The applicant will cooperate with the City Forester In the field to adjust the landscaping as needed to meet the intent of the code, through the use of larger specimens or through the planting of additional material to meet the caliper of inches required. 13. At time of permitting, revise proposed multi- tenant wall signage on building elevations (including sign dimensions, and sign face area per sign) to comply with the requirements of the LDR. Based on length of �l east elevation bridge wall, the maximum total sign face area allowed for wall signage on the building is 51 square feet. Building wall signage shall be required to comply with the community design plan guidelines, such as a single sign style and one (1) lettering style, limited to two (2) colors that complement the building. 14. At time of permitting, revise photometrics plan detail of freestanding outdoor lighting pole from 25 feet to 20 feet in height (from grade to top of light fixture) Revise photometrics on plan accordingly. 15. If light fixtures on the ceiling of the under - building entrance can not be recessed, ensure the fixtures are cut -off style, with shielding to keep the lighting source from being seen. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS /V i! ADDITIONAL CITY COMMISSION CONDITIONS To be determined. 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