Loading...
Minutes 04-17-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, APRIL 17, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner (Arrived at 5 35 p m ) Marlene Ross, Commissioner (Arrived at 5 35 p m ) 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay Mayor Hay called the meeting to order at 5:32 p.m. (Mayor Hay, Vice Mayor Orlove and Commissioner McCray were present) Attorney Cherof announced there would be a closed -door session to discuss litigation in the case City of Boynton Beach versus Villa Lago Condominium Association. The Commission, City Attorney and Interim City Manager would be present. It would be followed with an executive session relating to labor negotiations to be concluded by 6:30 p.m. Motion Vice Mayor Orlove moved to recess. Commissioner McCray seconded the motion. Vote The motion passed unanimously. The meeting recessed at 5:34 p.m. Commissioners Holzman and Ross arrived at 5:35 p. m. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Closed -door session to be held at 5:30 p.m. on April 17, 2012 regarding the case of City of Boynton Beach, A Florida municipal corporation, Plaintiff vs. Villa Lago Condominium Association at Renaissance Commons, Inc., A Florida non - profit corporation, and RCR Holdings II, LLC,A Florida limited liability corporation The meeting reconvened at 6:46 p.m. with the entire Commission present. Mayor Hay called the meeting to order at 6:46 p.m. B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Hay gave an invocation followed by reciting the Pledge of Allegiance to the Flag led by Commissioner Holzman D. Brand Promise Statement The Brand Promise was displayed indicating it is time to take a look at Boynton Beach, conveniently nested in the coastal heart of Palm Beach County. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Items 3.E and Item 6.F. Vice Mayor Orlove pulled Items 6.B, 6.F and 6.H. Commissioner McCray pulled Items 6.B, 6.1 and 6.J. Mayor Hay pulled Item 6.1. 2 Adoption Motion Commissioner McCray moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Appointment and Swearing in of Vice Mayor 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Nomination Vice Mayor Orlove nominated Commissioner Mack McCray for Vice Mayor. He understood there would be no need for a second, only a voice vote. Attorney Cherof pointed out the motion was out of order. The process in the Charter for the appointment of a Vice Mayor eliminates everybody who previously served as Vice Mayor that would include Commissioner McCray as Vice Mayor during his last term on the Commission. Vice Mayor Orlove referred to the Charter that indicated any member of the City Commission who has not previously served during his or her current term of office may be selected to serve as Vice Mayor. It does not say "shall" or "will" and his nomination was proper. Commissioner Ross sought clarification. Attorney Cherof advised it would be up to the Commission to interpret what the meaning of the Code would be. Mayor Hay agreed with Vice Mayor Orlove that it covered the current term. Commissioner Ross was also prepared to make a motion and was surprised by Vice Mayor Orlove's nomination. She reviewed the historic process of selecting a Vice Mayor and next in order would be Commissioner Holzman. In terms of current service, Commissioner McCray was the newest member of the Commission. Nomination Commissioner Ross nominated Commissioner Steven Holzman for Vice Mayor. Vice Mayor Orlove asked for a point of order. He had nominated Commissioner McCray and there was no need for a second and voting should be a voice vote until one person attains a majority vote. He wanted his nomination voted on now. Commissioner Ross offered her opinion the nomination and process was very self - serving. Vice Mayor Orlove disagreed and recalled Commissioner Ross did not want the appointment of the Mayor to gain any influence for the upcoming election. He surmised that was the reason he was not appointed Mayor. Attorney Cherof asked the Commission to consider the text indicates, ". . . who has not served as Vice Mayor during his or her current term of office." The appointment of Commissioner McCray is not a term of office. He serves due to vacancies. Other provisions of the Code and Charter are clear an appointment does not constitute a term of office. Vice Mayor Orlove argued the word used was "may ", not "will" or "shall ". Attorney Cherof reiterated that Commissioner McCray was not serving a term of office. Commissioner Holzman understood any number of nominees could be submitted and then a vote is taken on all the nominees. Attorney Cherof concurred and the first 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 person nominated would be the first vote and then proceed. Commissioner Holzman agreed with Attorney Cherof that the nomination was not proper for Commissioner McCray to serve. If Mayor Rodriguez is returned to service who would be Vice Mayor? Mayor Hay noted Attorney Cherof indicated it was a matter of interpretation that needs to be determined. Commissioner McCray felt he was not legal. Attorney Cherof added the Commission determines the qualification of its own members. The threshold question is whether Commissioner McCray is serving a term of office and if so, he is qualified. The Commission must make the determination and not Legal. Commissioner McCray indicated he was placed on the Commission to fill a position vacated by the Mayor's appointment. There has been significant unrest in the City of Boynton and he did not want to be in a position that anyone thought he should not be in a position to serve and had done something wrong. He wanted to bring congeal to the Commission and move forward. Too much time was wasted bickering and the Commission should move forward and he would step aside for it. Commissioner Holzman summarized Commissioner McCray would not serve. Commissioner McCray thanked Vice Mayor Orlove for having the guts to appoint him. Vice Mayor Orlove persevered that a vote was required until a majority was obtained. Vote The motion passed 3 -2 (Commissioners Ross and Holzman dissenting). City Clerk Prainito administered the oath of office to Vice Mayor McCray. B. Informational Items by Members of the City Commission Vice Mayor McCray had attended the Chamber of Commerce luncheon and heard the State of the County Address by Commissioner Vanna and the graduation of the 25 Leadership class. He also went to an INCA (Inlet Cove Association) meeting and heard Ms. Brooks, Executive Director of the Community Redevelopment Agency, give a presentation. He emphasized the Commission and citizens had to work together and stay together as a unit. Commissioner Holzman announced he had provided a copy of a letter to every member of the Commission as well as the City Clerk, sent to the City Manager after learning of discussions between the City Manager and Palm Beach Sheriffs Office (PBSO) regarding the potential for dissolution of the Boynton Beach Police Department. He was unaware of the possibility. Interim City Manager, Lori LaVerriere, responded she had not personally spoken to the Sheriffs office about dissolving any department in the City. As part of the budgetary process, difficult decisions would need to be made and she felt it was due diligence to 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 reach out and investigate all alternatives for consideration. She authorized the Police Chief to contact the Sheriff if there was any interest in making a proposal from a fiscal and policy standpoint. There was also interest in looking at neighboring cities to perhaps extend the services for revenue production. All alternatives were being pursued There is no recommendation, policy or advocacy at this stage. Commissioner Ross wanted to address her concerns on the issue. Mayor Hay indicated the matter would be discussed at a later time. Commissioner Ross questioned when discussion would be allowed. Mayor Hay reiterated the item would be discussed at another time. Commissioner Orlove indicated both he and the Mayor had attended the Boynton Beach Fire Rescue Benevolent Association Chili Cook Off and served as judges. The winner was Howley's Diner. Commissioner Orlove had attended the League of Cities Luncheon where Representative Ted Deutsch spoke about the gridlock in Washington DC. There would be several Earth Day events including ribbon cuttings for the solar panel water heaters at Fire Station #5 and the electronic vehicle charging station at the Library with an electric car on display. Commissioner Orlove announced Forest Park Elementary School needed donations for the safety patrol annual trip to Washington DC. Commissioner Ross congratulated Vice Mayor McCray on his appointment. She opined Commissioner Holzman would have been the most appropriate change, but was thrilled for Vice Mayor McCray. She looked forward to the Senior Center Annual Volunteer Recognition Breakfast to be held on Friday. Commissioner Ross announced the annual installation gala for the Palm Beach County League of Cities to be held on May 25 She attended the Young Artist Celebration that was held at the Library for the Sister Cities Committee who awarded prizes. Mayor Hay had spent time with the bike spindle proprietor at Oceanfront Park. The Open Market sponsored by the Community Redevelopment Agency was very successful. He announced on April 28 there would be a non - violent march from City Hall to the Ezell Hester Center with the theme "Bury the Violence ". Ms. LaVerriere advised the City Hall painting project previously scheduled for April 28 would be cancelled until May 18 and 19. Volunteers were needed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Representative Lori Berman gave an overview of the recent legislative session that centers around passing the budget. She disagreed with several areas of the budget, especially as it related to cuts for higher education and health care and did not support the budget. Redistricting was discussed and the house seats were settled. Her seat would now start at Boynton Beach Boulevard going north and include a significant portion of incorporated and unincorporated Boynton Beach. The City of Boynton Beach will still have four representatives under the new plan. Representative Berman discussed some of the smaller issues and particularly the preemption issues. The wage theft law did not pass and any government entity can pass their own wage theft regulations. The County Commission has delayed decision on any wage theft regulations for 90 days. The dangerous dog law was not preempted and the cities can regulate the issue. An energy bill was signed that has not occurred for the past four years. Local governments are allowed, by referendum, to issue rebates from the local government infrastructure tax to residential or commercial projects that are made energy efficient. Cities are not permitted to regulate power operated cranes and derricks, hoists and elevators. They remain regulated under OSHA. There were three amendments to the Constitution that would be on the ballot. One expands the homestead exemption for low- income seniors if you own a house worth Tess than $250,000 and income lower than $27,000. The second amendment expands the homestead exemption for surviving spouses of military personnel. There is also an amendment to increase the tangible personal property taxes to help small businesses. Representative Jeff Clemens, the former Mayor of Lake Worth was present and understood how difficult local government can be. Representative government is the best form of government even though it is difficult. A bill was passed that does not allow the water districts to control re -use water. Another bill passed related to the communication services taxes collected through cable companies and cell phone companies. It could lower the collections by local municipalities. Representative Clemens was able to add an amendment to the bill to require a study on the impact for municipalities over the next year. A beach nourishment bill passed making it easier to permit beach re- nourishment programs and beach protection programs. The bill to eliminate the local business tax failed as did the bill on local preference to local workers to create jobs. The composition of the various congressional districts had historically been used as a political tool and has now been eliminated. The Supreme Court has rejected the new Senate maps. The State house maps include one east of Federal Highway down into Delray and Boca. There is a district between Federal Highway and 1 -95 that goes into Riveria Beach. Another district goes from Boynton Beach Boulevard north and the last one from Boynton Beach Boulevard south into Boca. 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 The major border on the Senate districts is Hypoluxo Road with a small portion of the one district running into Boynton Beach. Representative Clemens would be running for that Senate seat in the future. Commissioner Orlove expressed appreciation for the Representatives' service and inquired if the issue of gambling that had failed would be revisited in the future. Representative Berman was positive it would be on the agenda next year. The issue had failed in committee, but would return. Commissioner Ross thanked the representatives for protecting the rights of local people. Vice Mayor McCray welcomed Representative Clemens to the City of Boynton Beach. Mayor Hay dictated a new process would be initiated whereby the proclamations were posted outside of Chambers. Only those items pulled by a Commissioner would be discussed. B. Proclaim the month of May as Building Safety Month. C. Proclaim the Month of April as "Fair Housing Month" in the City of Boynton Beach D. Proclaim the week of April 29th through May 5th, 2012 as Municipal Clerk's Week E. Proclaim Earth Day on April 22, 2012 and Earth Week April 22, 2012 through April 28, 2012. Commissioner Ross highlighted many activities had been planned. The City has a Climate Action Plan that has defined the City now and in the future. Nancy Byrne, Interim Director of Development and Vice Chair of the Sustainability Team, announced the ribbon cuttings for the solar panels and the two electronic vehicle charging stations. A Tesla roadster electronic vehicle would be on display. Green information would be available inside the Library including many giveaways. There would be a program Monday morning at the Mangrove Park with St. Mark School conducting a guided tour through the mangroves including information on the windmills that have been installed. There is an afternoon children's program at the Library and it would be "Ride Your Bike to Work" week for the employees. The Links would be hosting a presentation by the Busch Wildlife Sanctuary, complete with endangered species on display and information on the environment preservation. There would also be the Arbor Day planting of trees. F. Proclaim the month of April 2012 as Water Conservation Month in the City of Boynton Beach. G. Proclaim the week of April 22 to April 28, 2012, as Preservation Week. H. Proclaim April 20, 2012 as Arbor Day. 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 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) Rachael Bennett, 2511 Venetian Court and Andrea Geller, 7894 Davit Circle in Lake Worth, spoke on behalf of the Boynton Youth Organization and requested funds to support their programs. They are a travel basketball organization and a 501(c)(3) non- profit with 4 th 6th 7th Stn and 10 grade teams. Funds were needed to support the trips to play, compete and build character. Six of the team members spoke and related how the programs had helped them be part of an organization to build skills and become better people. They were proud of their efforts and successes. Ms. Geller appreciated the team member coming forward and hoped the City would be able to assist. Mayor Hay suggested the team contact the City Manager's office for information and assistance. Ray Whitely, 7353 Palmdale Drive, represented Boynton United and discussed the march to be held on Saturday from City Hall to the Ezell Hester Center, followed with a rally. He sought financial assistance for the march to shed the cloud over the City and shed new light on the City. He appreciated the in -kind gifts. Mayor Hay advised any assistance would have to be in -kind. With the consensus of the Commission, a letter of support could be drafted to help to solicit funds and bring validity to the event. There was agreement for a letter to be created by the City Manager. Dr. Piotr Blass, 113 West Tara Lakes Drive, agreed the march was tremendously important. He was running for the Senate in November and wanted to support legislation to restrict guns to law enforcement or reservists. Dr. Blass supported the Natural History Museum. (Begin transcription by C. Cherry) Mark Karageorge, 240A Main Boulevard, encouraged all to come to the march on the 28th. Pathways to Prosperity was holding an event entitled "Does it Still Take a Village to Raise a Child ?" on Thursday, March 26, 2012 from 6 p.m. to 7:30 p.m. The event will take place at St. John Missionary Baptist Church, 900 N. Seacrest Boulevard. It would be a Town Hall type session. On March 28th at noon, a Teen Summit would be held by Pathways to Prosperity. Motivational speakers and NFL players would be present 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 interacting with the youth. The event would be held at the Sims Center after the march. It was important youth be productive and help move the City forward. Brian Edwards, 629, NE 9th Avenue, attended an INCA meeting and Vice Mayor McCray was present and had given a good report. A CRA report was also given detailing where things were going. He commented he loved what was occurring with Cuthill's Backyard and it was stimulating the downtown area. He suggested building more establishments like it. He hoped the City would encourage what Cuthill's started, and do everything it could to ensure their success. Mayor Hay closed Public Audience. 5. ADMINISTRATIVE A. PROPOSED RESOLUTION NO. R12 -028 - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization Mayor Hay reviewed the information and commented some meetings are held in the mornings, others are held once per month or once per quarter. He offered, since he was retired, to serve as an Alternate or be the primary. Motion Commissioner Holzman moved that Mayor Hay serve as the Representative since he is the retired member of the Board. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. Commissioner Orlove requested moving to Item B as he was serving the program and would like to continue as such. There were no objections to him continuing. B. PROPOSED RESOLUTION NO. R12 -029 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program Motion Commissioner Orlove moved that he continue to remain as the City appointment on the Countywide Intergovernmental Coordination Program and to allow the Interim City Manager to appoint an Alternate. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 C. PROPOSED RESOLUTION NO. R12 -030 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) Commissioner Ross had been serving as the COBWRA representative and wanted to continue serving. Motion Commissioner Holzman so moved. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R12 -031 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Mayor Hay commented he had been serving on the Palm Beach County League of Cities and recently was reappointed to the Board of Directors. He would like to continue in that capacity. Motion Commissioner Hay so moved. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. E. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Orlove moved to table. Vice Mayor McCray seconded the motion. Vote 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 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R12 -032 - Revise Paragraph 5 of Rule #1 -M of the Cemetery Rules & Regulations to add language to allow the City to buy- back crypts and niches at the Boynton Beach Mausoleum B. PROPOSED RESOLUTION NO. R12 -033 - Approve the fee structure for the sale of crypts and niches at Boynton Beach Mausoleum and other fees associated with the operation of Boynton Beach Memorial Park This item was pulled by Commissioner Orlove. He noted the costs were changing. He reviewed the fee comparison provided and inquired if they were in order or if it put the City in a favorable position as far as competing with other municipal cemeteries. Tom Balfe, Parks Manager, explained they conducted a comparison with the Lake Worth Cemetery. Their overtime cost for Saturday was $250 and on Sunday was $450. Boca Raton, on Saturday and Sunday, between 9 a.m. and 12 noon had a cost of $195 and after noon was $355. At the March 8, 2012, Cemetery Board Meeting, he recommended the overtime fee should be $300, which he felt was sufficient to cover the cost. The Cemetery Board had further discussion and felt $300 was not enough and voted it to the $500. He still believed the $300 would be sufficient and would cover the staff cost. The cost would cover the cemetery staff to be there on Sunday since they are not normally open on Sunday. Commissioner Orlove noted there were more Sunday burials taking place and asked how many would take place. Mr. Balfe explained they have not had more than one funeral on a Sunday. The last three were due to being unable to accommodate the family on the Saturday burial so the service was moved to Sunday. Vice Mayor McCray commented the cemeteries owned by the City in Broward County that have burials on Sunday do not charge. He thought $300 was sufficient and $500 was out of line. Motion Vice Mayor McCray moved the City Commission proceed to approve this with the $300 for overtime on Sunday. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -034 - Approve a contract with Resource Action Programs' for the delivery of their WaterWise Conservation Program for 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 FY 2011 -12 for all 5th grade students at schools within the City for the sum of $44,000. D. (1) Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications RFQ #043 - 2911- 12/TWH "ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINK'S GOLF COURSE "; and (2) Authorize City staff to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. E. Accept the written report to the Commission for purchases over $10,000 for the month of March 2012. F. PROPOSED RESOLUTION NO. R12 -035 - Consideration of a Resolution opposing majority opinion in Citizens United. This item was pulled by Commissioner Ross. She noted Citizens United was also known as "Move to Amend." She wanted to bring this to the Commission's attention because she was aware there was a group eager to present this. Suki deJong, 2076 SW 14th Avenue, explained she represents the Palm Beach County Chapter of Move to Amend. The organization was a national organization working to get an amendment to the U.S. Constitution, to state that corporations are not people and money is not speech. She requested the City Commission pass the resolution. Linda Weil, 5822 Wichita Drive, Lake Worth, explained Citizens United was in process for two years since the decision was made. The Supreme Court ruled corporations, unions and non - profits could go to their treasuries and funnel monies through super PACs, spend unlimited amounts of money and not have to disclose where the money comes from. This means the democratic process was in great peril and unlimited amounts of money could come from foreign entities and funneled into elections. She expressed this action diluted her vote and she thought it was an extremely important item to consider. She requested the City Commission visit the MovetoAmend.org site to find out more about the effort, review the Citizens United versus the Federal Election Commission decision and pass the resolution as other cities and towns across the U.S. were doing. From the grass roots up, the citizens want to be heard on this issue. Dave Wahlig, 611 E. Woolbright, explained he worked on civic issues all his life, but this issue was in the forefront. He had never been in a position to feel his democracy was at stake, as much as it was with this. He agreed it starts at the grass roots level and works its way up. They met with Ted Deutsch who was supporting the amendment and wrote one in the U.S. House of Representatives. It says money is not speech. It needs to be stopped. County Commissioner Aaronson had agreed as well. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Judy Kraft, 500 N. Ocean Boulevard, Briny Breezes, emphasized the reason this action is sought was because three - fourths of the States have to vote for it. This was the beginning of that process in Florida. She had a sample of what could change if corporate personhood were abolished and she stated it was not only the First Amendment involved with corporate personhood, all of the Bill of Rights can be used and invoked by corporations as persons. Eliminating corporate personhood could be eliminated in many areas. She thought the information would be helpful. Commissioner Ross thought this was an important issue that was being followed closely. It was controversial, but she supported their cause. Motion Commissioner Ross moved to approve Proposed Resolution R12 -035. Mayor Hay passed the gavel to Vice Mayor McCray and seconded the motion. Commissioner Orlove thought it was a controversial issue that was not appropriate for the City to pass. He thought it should be vetted and addressed through Congress as it was a Federal law. He indicated at this point, he could not support the resolution. Vote The motion failed 3 -2 (Vice Mayor McCray and Commissioners Orlove and Holzman dissenting). G. Approve the minutes from the City Commission regular meeting held on April 3, 2012 and Special Meeting held on April 10, 2012 H. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the six (6) month period ended March 31, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. This item was pulled by Commissioner Orlove. He noted Mr. Atwood indicated there were potentially negative budgetary results and requested a review. Barry Atwood, Finance Director, explained one item often overlooked by cities is the revenues. Several items were pointed out that were running behind compared to last year. One item was the business taxes, the State Shared Revenues and the Public Safety revenues were others. They would continue to be monitored, but they were behind. Commissioner Orlove inquired if recent legislative actions had an effect on the numbers, to which Mr. Atwood responded they did not. The numbers were associated with this year's budget. 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Motion Commissioner Orlove moved to approve the report. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. I. Accept the resignation of Christiane Francois, a regular member of the Special Events Ad Hoc Committee Vice Mayor McCray pulled this Item and the next as the resignations were from the same Committee. He wanted to ensure the pattern that occurred with another Advisory Board would not occur, but he thought one member had a conflict due to illness, and the other had a scheduling conflict. Motion Vice Mayor McCray moved to accept the resignation of Christiane Francois. Commissioner Ross seconded the motion. Mayor Hay received a call from Special Events Committee member Elliot Williams who indicated they were willing to change their meeting schedule so she could serve. He requested the item be removed from the agenda. Motion Vice Mayor McCray moved to remove. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. J. Accept the resignation of Christina Griswold, a regular member of the Special Events Ad Hoc Committee Motion Vice Mayor McCray moved to accept the resignation of Christina Griswold. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -036 - Approve the piggy- backing of Garland /DBS, Inc. utilizing pricing based on US Communities Master Agreement No. 09 -5408 for roofing services; and authorization for the Mayor to execute an Agreement between the City of Boynton Beach and Garland /DBS, Inc. The master agreement was adjusted for market pricing in South Florida in USC Proposal #25 -FL- 120103 for the amount of $251,974 and Utilities staff requests approval of a 10% contingency of $25,197.40, bringing the total budget appropriation to $277,171.40. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A ") for Case #09 -3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000 Carl Sugarman, Esq., 17345 S. Dixie Highway, Miami, was present representing HSBC, a lending institution cited for a code enforcement violation for property at 140 SE 28th Court in Boynton Beach. He was appealing the order imposing a mitigated fine in the amount of $33,000 against HSBC. He was not discussing any constitutional issues such as Chapter 162 and the City of Boynton Beach Code. He wanted to discuss the inequity, unfairness and imposition of a $33,000 fine under the circumstances. He distributed a handout reflecting a timeline of significant events as it pertained to the imposition of the fine. Supporting documentation was included. Commissioner Holzman noted the backup material indicates the primary costs are to return the $634.12 and anything else would be supplemental. Motion Commissioner Holzman moved to reduce the $33,000 to $634.12. Commissioner Ross seconded the motion for discussion. 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 On April 2, 2009, HSBC filed a foreclosure action against the property. A few days later, a lis pendens was filed by the foreclosure attorney from the law offices of Daniel C. Consuegra. The notice of violation on October 22, 2009, was discovered by Code Compliance and was sent to Daniel Consuegra. It was named to go to HSBC, but was delivered to the attorney instead. On November 5, 2009, the notice of hearing was also sent to the Attorney, addressed to HSBC. On December 29, 2009, a second notice of hearing was sent to HSBC at the law offices of Daniel Consuegra. On December 28, 2009, an affidavit of compliance, which should have read "non- compliance" was filed by Code Compliance. On January 13, 2010, Code Compliance ordered a $500 a day penalty commencing on December 26, 2009. The order imposing the penalties was recorded February 4, 2010. On March 2, 2010, the violation was corrected and known as corrected by Code Compliance. On April 28, 2010, HSBC completed its foreclosure and brought the property at a foreclosure sale. When a title search was conducted, it was determined a lien was filed. A lien reduction was requested and a Lien Modification Order reduced the fine to $33,000. He commented they were appealing the finding. He pointed out all notices were sent to HSBC and delivered to the law offices of Daniel Consuegra. Through inadvertence, oversight, or omission, they were not forwarded to HSBC and HSBC had no knowledge of the violation. Had they received the notice, they would not be present today because the client, on their own, addressed the issue, corrected the violation before it became the owner of the property as a bank recognizing its responsibility, and it had no notice of the violation. Attorney Sugarman explained if this occurred in court, and an attorney missed a deadline, the court would sanction the attorney, not the client. When a final judgment is recorded in the public record, it could become a lien on anyone's property provided the plaintiff in the case is named on the final judgment. Some attorneys did not put their clients name on the final judgment and the courts have said that was not sufficient. In a tax sale for delinquent real estate taxes, the clerk has to notify the mortgagee and the owner and provide notice to them, not their attorney. Mr. Consuegra has many cases and the notices were not sent to their client, but the tax collector had HSBC's address. This is important because the address where to send the notice comes from the Tax Collector. The mortgage was recorded on the public record and in order to record a mortgage, the address of the bank must be on the mortgage, which it was. The bank has escrow for taxes and insurance every year. The Tax Collector sent the tax bill to the bank. He thought the most shocking aspect of the Case was the amount of the fine, as it was one of the largest he had seen. No notice was sent to the bank. He thought it would be inequitable to let the fine stand. The direct costs are relatively minimal, and he requested his client not be punished in this case. 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Commissioner Holzman made it clear the property has been in compliance for several years, since January 2011 and the property was sold. Diane Springer, Code Compliance Coordinator, explained notices are routinely sent to the foreclosing attorney. They had problems in the past locating the proper address for a bank. They obtain the lis pendens and the foreclosing attorney receives notices and the bank is notified through the foreclosing attorney. She explained Mr. Sugarman testified the property came into compliance on March 4, 2010, and there were 67 days of non - compliance for the pool violation which was fined at $500 per day. The Board ruled for a high fine because it was not only an unsanitary pool, but because it was unsecured. The fine was reduced to $33,000 because that was the accrued fine for the 67 days; however, they were also required to register the property which was not done until January 12, 2011. The total amount of the fine was $191,134.12. There were no incidents involving the pool, which was located in Seacrest Estates. Commissioner Orlove noted there were two letters sent to Mr. Conseugra's office. He inquired if the City followed up to see if they were received by the Bank. The cost to the City for inspections and filings totaled $634.12. Vice Mayor McCray favored the motion to collect the City's cost. Michele Costantino, Chair of the Code Compliance Board, explained the Board was facing one of the most heinous issues arising from foreclosures which are unsecured pools. She cautioned one day a pool would be drained and there will be a child found, which will come back to the Board. They took into consideration all of the time constraints and the mismanagement of the mail. They eliminated a lot of the time before they considered imposing a large fine. She explained the Board believes in protecting the City down to the smallest, and levied this fine. She requested, if reduced, it not be reduced to the time spent by the Code Officers. The banks do not respect the Ordinance to register the property. If the City Commission wants to enact Ordinances and wants the Board to enforce them, they should stand behind the Board when they impose the fine. The Ordinance has purpose. Vote The motion passed 4 -1 (Commissioner Orlove dissenting). 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. 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 A. Approve conditional use / new site plan request to replace a 1,770 square foot church and accessory buildings with a new 5,040 square foot church on a 0.757 acre parcel located at 202 NE 11th Avenue, within the R -2 (Duplex) zoning district. Applicant: Ron Uphoff, Arkitektur + Kasai, Inc. Attorney Cherof administered the oath to all those intending to testify. The applicant was present to answer any questions. Ed Breese, Principal Planner, located the site within the Community Redevelopment Agency area, one block north of MLK Boulevard. It contains a church built in the 1940s and a single - family residence constructed during the same time period. The buildings were generally in poor condition and the rest of the property was unimproved. The City's Preservation Planner conducted an exterior inspection and determined that none of the buildings appear to be eligible for individual listing on a local or national register or be eligible for designation as a contributing structure to a historic district. The proposed demolition was discussed by the Historic Resource Preservation Board and they concurred with the findings of the Planner, and did not object to the demolition of the buildings to accommodate the construction of a new building. The site plan reflected the church was designed for 240 seats requiring 51 parking spaces, 25 of them grassed as permitted by Code. The landscape plan consisting of shrubs and trees was Code compliant. The use is compatible with the surrounding properties and the site was bordered on the north and west by street rights -of -way, by vacant commercial and duplex Tots to the south, and a single - family residential structure on the east. The Church is located in the Heart of Boynton Community Redevelopment Agency plan which designates the area immediately north of MLK Boulevard as multi- family residential and recognizes Churches as an allowable use through the Conditional Use Application process. The Redevelopment Plan did recognize some negative aspects of churches including the magnitude of churches within a small area, that churches do not contribute to ad valorem taxes, several churches are in violation of the parking requirements, and several churches need major facade improvements. This application appears to further the Redevelopment Plan as it already exists and no additional properties were being removed from the tax roll. The upgraded parking meets City standards as did the landscaping plan in the rights -of -way and abutting properties, and demolition of the structure eliminated any facade upgrades. Staff recommended approval of the New Site Plan subject to the Conditions of Approval detailed in Exhibit D. Motion Commissioner Holzman moved to approve the Conditional Use and Site Plan. Vice Mayor McCray seconded the motion. 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 There was brief discussion the request was an allowed use under the Code. There was no other development within the area that would impact what the Community Redevelopment Agency Board was considering. Existing houses of worship were listed as a community strength in the analysis. The Future Land Use Map reflected duplex Tots in the neighborhood. The plan was done in 2005 and there was no land assembly occurring. The project would not interfere with any plans. Commissioner Holzman applauded the Community Redevelopment Agency for designating funds to redevelop this area as it needed redevelopment. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Discuss and formalize meeting start time and format for City Commission Budget Workshops to be held July 9 -11, 2012 in the Library Program Room. Commissioner Orlove inquired if the workshops could be moved to July 16th -18th due to his being out of town until July 6th or 7th. With his return to work and the budget information, he would not have much time to prepare. Ms. LaVerriere confirmed this was fine with staff. It would not interfere with the TRIM schedule. There was agreement to move the workshops as requested. Commissioner Orlove noted in the past, posted beginning and end times for the meetings were used; however, last year the public did not have an appropriate time to speak at two of the meetings. He liked that departments were asked to come forward and discuss certain parts of the budget, but he thought the public should be afforded time to address the budget at times convenient for them. Discussion followed there was no guarantee the meeting would use the entire allotted time. Mayor Hay thought it would be helpful for the public to arrive at the meetings promptly and if anything were changed, it would be to allow the public to speak at the end of major items as opposed to waiting until the end of the meeting. Commissioner Orlove pointed out there would be a City Commission meeting on July 17th. He suggested starting at least one meeting later to allow the working public to attend at least one meeting. He preferred more time be given to the public earlier in the process to allow the Commission to listen and consider their comments. Ms. LaVerriere explained part of the problem with posting a start and end time is when the decision is made to conclude earlier than the posted end time. She thought posting the start time and starting at 1 p.m. on the Monday meeting would be helpful. That Monday was when the Commission would review the General Fund, which was the part 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 the public may be most interested in. The meeting would continue until the Commission decided to adjourn. She thought holding a half -day session on Tuesday, due to the City Commission meeting later that day, and completing the budget on Wednesday would be sufficient. Additionally, the final budget requires two public hearings which would provide for public input. Mayor Hay commented the budget would be tougher this year so he would appreciate input as they moved through the process. Ms. LaVerriere agreed to post the dates under Future Agenda Items and the website for the benefit of the public. Once the start times were confirmed, she would notify the members via email. B. PROPOSED RESOLUTION NO. R12 -037 - Authorize the allocation of $54,400 in Economic Development funding for Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs Nancy Byrne, Interim Development Director, commented on the Economic Development Implementation Program approved by the City Commission last October. It was a small business pilot incentive program to foster industrial and commercial development in the City. The two grant programs were modeled after successful programs in existence by the Community Redevelopment Agency (CRA). The funds would be available for a set period of time to ensure the monies would be spent and available for other projects that may arise in the interim. The first program was a commercial interior build -out program which would offer grants up to $10,000, and $5,000 for each new job created. It is intended for small businesses entering or expanding within the City. The requirements were the same as those from the CRA programs which require a rating by an independent outside agency. Successful grant applicants would then come back to the Board as an agenda item. The second program was a rent subsidy program targeted to commercial /industrial /office uses. The grants do not apply to retail or restaurant uses at this time as the intent of the grants is to focus on developing the core uses. The program is a six -month subsidy program, as opposed to the Community Redevelopment Agency's 12 -month program, to ensure there were interested applicants. The subsidy was up to $600 per month, also tied to attraction, expansion and job creation. The Commission had set aside $100,000 for the program last year. A portion was used for Branding, and $54,000 was dedicated for the program. If the program was successful, more funds could be allocated by the City Commission or from the Business Development Board. At a later time, the program could be expanded to include small retail or restaurant. 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 There was brief discussion there is a high demand for this program outside the Community Redevelopment Agency District. Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -038 - Approve proceeding with a negotiated settlement and agreement with Sensus Metering Systems, Inc. (Sensus) to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AMI) in exchange for the development of a contract/service agreement with Sensus as a sole source provider to replace all AMR units with AMI technology in order to standardize meter reading equipment and regain meter reading efficiency. Mr. Atwood explained the largest revenue generator in the City came from providing water and sewerage services, but the revenues only contribute to the Utility Fund. There have been many situations involving failed water meters and the request was to approve a negotiated settlement with Sensus Metering Systems to replace failed registers located on top of the meters that record the amount of water going through the water meter. Approximately 20% of the 30,000 registers have failed. There are three kinds of registers. The first involved staff manually reading the register which the City does not do. The second type, an AMR System, which the City does have, used a truck to drive by and if all goes well, a computer records the meter consumption. That was the method that was failing. The third and more sophisticated system was a tower reading system, similar to wireless, which continually reads water consumption. Rather than having Sensus replace the drive -by registers with more of the same, staff was requesting they be replaced with the third type of system which utilized two towers. Mr. Atwood explained the Warehouse keeps replacement registers; however, there was insufficient staff to keep up with the failure rate. He also noted the City was losing revenue because of the failure rate. One issue was whether the City could deem Sensus Meters as a sole source provider. Staff tested six different meter companies. One caveat, if using another vendor, the City would have to obtain a total package of registers and meters as not all registers would be compatible with the meters currently used. There was only one company that had a register compatible with the Sensus meter and the City's customer information system. 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Staff asked the County Inspector General to review the matter and was advised Sensus was not a sole source provider. Staff asked Davenport Lawrence to prepare a business plan why the City should move forward with a negotiated settlement with Sensus to replace the registers with the next generation equipment which staff proposed to follow. Staff was also requesting, as a negotiated settlement, for Sensus to replace the failed registers under warranty at the company's cost. The repair costs for registers out of warranty would be borne by the City. It was anticipated there would be other failed registers in the future, and if they failed, they would be replaced by Sensus. If going to bid, staff was confident Sensus would prevail. Davenport Lawrence researched other jurisdictions that had the same registers that changed to another vendor and learned it would require the purchase of another meter. One jurisdiction, twice the size of the City, that used another system, cost $17 million. Staff anticipated the net cost to the City, if replacing the registers under warranty and upgrading to the state -of- the -art system would be close to $3 million. He noted $3.1 million was already approved in the Utility Capital Improvement Fund. Staff anticipated some expense but if the negotiated settlement was approved, staff could implement an upgraded system for under $3 million. The City Attorney reviewed the documents, and staff was requesting the Commission's approval to move forward. Staffs projections of the net amount in total for the City to upgrade to the next generation equipment would be $2.6 million counting contingency. Andy Honeycut, Davenport Lawrence, explained the City has a $3.1 million allocation for the meter migration to the AMI system. Over the last six months, they worked with Sensus and the City will come short of the allocation by about $400,000. Via advanced credits, warranty savings and upgrading to new technology using the existing warranties of old technology, it would be a great opportunity to streamline the utility reading process and create efficiencies. Through the migration process, meters would eventually read four times a day for each water customer. It would address water loss and issues of non - performing meters, so staff could pinpoint the locations and respond quicker. It reduced the potential for greater revenue loss. Mr. Honeycut explained the AMI system would articulate to a 98.5% read rate and it was part of Sensus's warranty process. At the end of the estimated three -year implementation period, the AMR would be replaced with the AMI system. Mr. Atwood clarified one benefit of using the Sensus system is the City could read the AMI and AMR at the same time, which could not be accomplished with other systems. As it pertained to interfacing with SunGard or HTE, the interface was proprietary and if using a new vendor, the City would have to redesign its network interface for the billing collection data. As to the 1.5% failure rate of the AMI system, there are provisions in the agreement that if Sensus should not meet its performance standards, the company would assume responsibility for writing the technology. 22 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Jeff Davenport, Davenport Lawrence, noted one provision of the settlement agreement was Sensus was replacing the existing product line with the new product line as the old registers failed, resulting in a significant impact on the cost. Mayor Hay inquired if the rationale was sufficient to deem Sensus as a sole source provider. Attorney Cherof responded he would not know until a review of the final version of the contract took place. The City approached the Inspector General to outline the framework of the presentation given, and did not agree with the interpretation given. Attorney Cherof expressed the Inspector General's evaluation of the City's attempts to close out an old contract, and the resolution warranty issues married to a new extended contract, may not have been reviewed, and he opined the Inspector General's analysis was thin. The City is on good business terms with the vendor. The sole source issue presented to date to Legal was supported and the issue rests with the details. Once more details of the business aspects, cost issues and final legal opinion were achieved, the issue would return to the City Commission. The account receivable losses were not identified and past due receivables were mounting, but there were varying reasons for it, one of which was the economic climate. Motion Commissioner Orlove moved to approve R12 -038. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously D. PROPOSED RESOLUTION NO. R12 -039 - Approve and authorize the Interim City Manager to sign an Agreement with Davenport Lawrence for Project Management Services for the Utility Water Meter Technology Migration project. Motion Vice Mayor McCray moved to approve. Commissioner Orlove seconded the motion. Mr. Atwood explained the City issued an RFP to manage the City through the process as he and the Utility staff did not have sufficient time to manage the project over the three -year time period. Three responses were received with the best and least expensive being Davenport Lawrence. The firm has much knowledge and the selection panel agreed the communication level from Davenport Lawrence, to date and throughout the proposal, was the best. Communication was essential between Sensus, the installer and staff. 23 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R12 -025 - Authorize the Interim City Manager to enter into consulting agreement with RCultures, Inc. in the amount of $21,600 for Police Department professional services study; and 2) authorize expenditure of $21,600 from the State Law Enforcement Trust Fund account which currently shows a balance of $257,403.57. (TABLED ON MARCH 20, 2012) Motion Mr. Holzman moved to remove from the table. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. Ms. LaVerriere explained two meetings ago there was discussion of a police management study, the scope of services, and defining the scope. Vice Mayor McCray had mentioned in 2006, the City conducted an intensive management study, which he wanted to review and have the Chief comment as to its current relevance and applicability to the department. The item was tabled. Ms. LaVerriere circulated the Police Executive Research Form (PERF) study with management's comments from 2006, and a memo from the Chief detailing his current comments. Vice Mayor McCray inquired what transpired since the report was issued to the present day and why some of the recommendations in the report were not implemented. Chief Immler explained the report contained recommendations based on a department that has changed from then until the present day. One change was a new Police Chief. The department also took a new direction regarding the construction and deployment protocols of the department. The study was helpful and spoke to the Computer Statistics (COMPSTAT) process. It was not fully developed in the PERF report, but it was something he wanted to use because it made the supervisors in the department more responsible. It shifted the operational component of the department downward instead of upward. Based on the crime rates, the department's transformation was successful. He commented the report was not definitive. When the matter was originally discussed, training and recruitment were the issues. The City Commission had discussed a study that would review the training and hiring practices and the ability of the department to discriminate between officers who would be successful and act ethically, and those that 24 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 would not. That was beneficial and Chief Immler would be open to any sort of study. Rick Caldwell's Company had done work for the Police Department in the past and was found to be excellent. His programs were well received by the Department. At the time, there was a cultural competency program the officers took which helped them to better serve the public. Vice Mayor McCray inquired why provisions were not in place. Chief Immler responded they were and authorizing this study was a policy decision for the City Commission to make. Commissioner Ross asked about the timeline. Ms. LaVerriere commented the City Commission has an opportunity to adjust what was in the scope. Chief Immler's understanding of the discussion was the desire to increase the educational requirements for recruits, which was done since that discussion. Some of the items contained in the report occurred prior to Chief Immler becoming the Chief and were published after he assumed the position. Commissioner Holzman thought it was important for all departments to obtain an outside opinion to review what could be improved. It was possible, if using a consultant, the review would reveal no inefficiencies, but it could reveal some. He thought bringing in ICMA for a review would be appropriate. Mayor Hay agreed. The study would improve operations. The community was on the brink of a potential crisis and it was important to identify at -risk personnel. Mayor Hay thought there may be items that were overlooked and was in favor of moving forward with the study. Discussion followed about the accreditation process which addresses items that could be improved. Commissioner Orlove inquired when those processes take place and issues are identified, whether they had to be addressed by the next accreditation process. Chief Immler responded they did. A full on -site accreditation inspection occurs every three years. Commissioner Orlove felt the Police have done an outstanding job of policing itself. There were a few bad apples, which should not make the entire barrel bad. The department needs to be reminded of their positions and the integrity and trust needed to serve the community. He disagreed a comprehensive analysis was needed since accreditation occurs every three years. He thought Mr. Caldwell's organization or Palm Beach State College may be more appropriate. Mayor Hay explained he was not in favor of a comprehensive study but felt this was an opportunity to take public safety, which is in the spotlight, and evaluate its policies and improve it. Ms. Ross was inclined to do the study and suggested hearing from Mr. Caldwell. Rick Caldwell, President of RCulture, Inc., appreciated the opportunity to submit a proposal. The study was something they have done with several police departments. It took a proactive approach to take an outside look to evaluate the successful and unsuccessful strategies and recommend ways to improve. A three - phased approach is used. He explained the methodology used. This is not a comprehensive study, rather 25 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 an understanding of the overall police department. Three years ago, when they did the complete Cultural Competency classes for the department, they provided a good look and honest opinion about what was doing well and what could be improved. Commissioner Holzman questioned the need for the study as it was done two years ago He noted the focus of RCulture was the officers whereas Commissioner Holzman's focus was the top management. Mr. Caldwell responded two years ago they provided cultural competency training, not a complete assessment. His goal was to see what top management was doing and they would review the top leadership as they are part of the assessment group. Mr. Caldwell explained they did studies for the cities of Sarasota and Hollywood, the Village of Pine Crest and cities of Delray Beach and Tallahassee. RCultures gave a two -day seminar on cultural competency for the Police Department and then for the other city employees. Mr. Caldwell agreed to provide the cost of a two -day seminar. It was suggested the City Commission address the City Manager independently as to what would be done within a study. There was consensus the item would return to the Commission to address exactly what would be included in the study. Commissioner Orlove inquired about Legal Items A, B, C and D in light of the late hour. Attorney Cherof responded Item A had to be heard as it was a second reading item. The remaining three items could be tabled. Motion Commissioner Orlove moved to table items XIII. B, C and D. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Presentation and discussion of two proposals for Redevelopment of Old High School. Vivian Brooks, Executive Director, Community Redevelopment Agency, (CRA), explained a public charrette regarding the Old High School was held and a report including recommendations of what the City could do with the Old High School was completed. The report detailed the City did not have funds for its development and the building could be developed privately. The City issued an RFP indicating the building and the land surrounding the High School could be given to a private party through a long -term lease and no responses 26 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 were received. She worked with the former Mayor who suggested she contact the one developer who attended the pre -bid conference to inquire why they did not respond. New Urban Communities explained they were in the process of responding to another RFP. Staff invited them to come back to the table and was advised they were interested in the building. At the next CRA meeting, the Palm Beach County Museum of Natural History appeared and expressed interest, and the Board directed Ms. Brooks to work with interested parties. When Ms. Brooks met with the Museum personnel, they did not have the ability to raise the needed capital, although they had the ability to be a tenant, so they and New Urban partnered. She cautioned the building was in severe disrepair, and much money was needed to repair it. In order to accomplish the repair, there would need to be an offset somewhere else. It will be hard to make money in that building. She explained it was not an easy project to have and the developers would have to offset the cost of redoing the building with private sector uses. Peter Flotz, Managing Member of the Lansing Melbourne Group introduced Juan Contin, part of the group assembled for the project. Mr. Contin, Architect with Contin Architecture and Design, explained the project would be a multi- faceted project which would include a market, community activity with food courts and eateries, small schools with education and shops and events. The group included Lansing Melbourne Group, Contin Architecture and Design, DN Concepts and Sutra International. A short video was viewed from DN Concepts and Sutra International. The project would have a private garden space for events. The market would be set -up via kiosks in the front and back of the building which would work in conjunction with the Green Market held on the weekend. They approached various food and beverage establishments who were interested in participating in the project. Analysis reflected there would be an average of 153 permanent jobs and 120 service and part time jobs created per year. Vice Mayor McCray disclosed he had spoken with Mr. William Hatcher. Mr. Hatcher of Hatcher Construction and Development, was present and stated he worked with Mr. Contin and Mr. Flotz. The building would be challenging and could be done in phases. The final concept would be one the Commission would be happy with. Mr. Flotz hoped the Commission would move forward with the right to negotiate with the team over the next 120 days for a development agreement. The team would request they be given the building and pledge TIF funds for 10 years. They indicated there was insufficient parking and they would need to use the City's parking. Discussion followed the Old High School was not a listed historical structure. Warren Adams, Historic Preservation Planner, agreed the building was not a designated historic structure and it was intentionally not designated in order to allow various proposals to come forward. If any alterations are proposed, and if the developer is applying for Historic Tax Credits, then the building would have to be listed on the National Register. He suggested proposed alterations be approved by the Division of Historical Resources in Tallahassee to ensure alterations would not affect the building's 27 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 eligibility for National Register. It would be prudent to ensure the State was happy with the proposal Mr. Flotz explained Historic Tax Credits are a key part of why they were not asking for any funds. Their goal is to make sure the glass box additions to the building would comply. They would request TIF funding for 10 years. Using the current millage rate, the amount would be about $750,000 over 10 years. A question was posed if this concept would work with the Green Market but it was noted the project was a long way from completion. It was thought the building should be preserved either way and Commissioner Orlove inquired if the City or developer would go through the Tax Credit process. Mr. Adams responded that assuming the project would use Historic Tax Credits the building would have to be included on the National Register. An application had been prepared for the building some time ago, so information had been complied. The City applied for Certified Local Government status and it was hoped Certification would be received within the next few months. Once obtained, it was a task they could accomplish and expedite. Mr. Flotz's understanding was the New Market Tax Credit program, if not defunct, was unlikely to have much funding. They have received preliminary indications from TDC and Florida Community Bank that they have an interest in becoming a tax credit investor or provider. They are also under negotiations with a firm in New Orleans that has an interest investing. The idea was to match New Market Tax Credits with Historic Tax Credits. This was paramount to why a decision should be made. They were exploring other funding sources. They were also aware the building needs remediation and explained Treasure Coast has indicated there was a $300,000 grant waiting for the building to commence the remediation. Those aspects would be critical. The project would not include residential, but did include four restaurants. Mr. Flotz explained they were experiencing success in restaurants. There was discussion whether a market analysis on the area, as it pertained to special event facilities was conducted. His team's sense was there is substantial demand in venues he was trying to use for events. Some restaurants proposed as tenants were already established in other areas of the City. Commissioner Orlove's concern was having so many restaurants in the area and thought at some time, he would want more information and perhaps an analysis of the market. Mr. Flotz explained each operation has multiple product lines appealing to multiple demographics. They were not seeking to gut Congress Avenue and move the establishments here. Their concept for this area was already done in other areas. They want individuals to come to the entertainment district and the building, not the restaurant. The restaurants would provide choices and in their experience, the restaurants complimented one another. This concept is used in malls. Commissioner Holzman thought the idea and design was amazing, and he was pleased they were using individuals with expertise in other areas. 28 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Commissioner Orlove disclosed he met with Mr. Rickard of New Urban Communities and had email conversations with Jeff Alslander involved in the prior presentation. Kevin Rickard, Principal with New Urban Communities, presented a Boynton Artist Village concept. He reviewed the experience and expertise of his company which included REG Architects. A visual presentation of REG's projects was viewed. Mr. Rickard explained a review of the plans and charrette was discussed with CRA staff and the community, and they were incorporated into the project. They sought to redevelop the Historic Boynton Beach High School with minimal to no expenditure of public funds, develop a new downtown gateway, stimulate new investment, create new direct and indirect employment in the downtown area, generate tourism, increase sales for local businesses, create a pedestrian - friendly cultural campus anchored by a regional destination, generate street level activity both day and night, establish synergistic nodes of activity, reinforce the area's historical character by rehabilitating the neighborhood and not just one building, create new employment, and help to rebrand the downtown area. The concept would incorporate the redevelopment of the Old High School and integrate new residential into the area. They sought for the City and CRA to provide land for about 84 residential live /work units. The rental portion increases the amount of New Market Tax Credits which would largely finance the renovation of the High School. They would look to the CRA to guarantee the commercial rent and cover any shortfalls with TIF dollars. Rudolph Pascucci, President of the Palm Beach Museum of Natural History, explained the organization has been in existence since 2005, and was a 501(c)3 corporation since 2006. He explained the museum was more than a dinosaur museum. It is archeology including anthropology. It is a study of inhabitants and animals and past histories. It is a study of current cultures. The mission of the museum encompassed the natural history of the Caribbean and southern Florida. They would have a trained scientific staff and PhDs in charge of paleontology and anthropology. They conduct research and publish scientific papers. They go into the field and excavate bones. They do ethnographical studies, which is what sets them apart from other institutions and museums in Florida. The museum would employ 20 -30 full and part-time workers. They would hire science staff, educators, gift shop employees, and additional personnel to address food facilities. The auditorium would be available for the museum and community activities. There would be a small coffee shop in the front of the building. School children would be the major audience and the cafeteria should seat them. There would be no major alterations to the building made. He reviewed a presentation. The facility would be run as an educational facility. The travelling exhibits are the draw and the major source of revenue. They have travelling exhibits which rent from $10,000 to $30,000 per month. 29 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 They have the ability to have archeological exhibits and he pointed out most museums do not offer these services. They are not limited to just the income from the building. Meetings could be held at the museum. In addition to business meetings, scientific conferences, social organizations, corporate private parties, music nights and singles night at the museum could occur on the second floor. Tables could be provided throughout the facility. The budget was $1.5 million the first year and he noted the museum is a family destination and a regional draw. He has the support of Florida Atlantic University. Mr. Rickard displayed an aerial view of the building and surrounding area. The master plan uses urban design element. They sought to create a cohesive design, while maintaining the grid street network, with a defined pedestrian network with links to parking areas and other Boynton Arts usage. The various community benefits were reviewed. The plan would use parallel parking along both sides of Seacrest and a traffic circle at the terminus of Ocean Avenue and Seacrest was proposed as contained in the visual presentation. There would be 84 1 residential units that are 1,200 square foot. The total development cost would be $14.777 million. He reviewed the operating budget and revenues. They would look for TIF funds of $138,000, but they would generate $150,000 in TIF revenues, so they would request 90% of the TIF funds. They anticipated in years two and three their revenue expectations would exceed $2 million and they agreed to a concession on any revenue above $2 million to defray the $138,000 received. It was possible they may only need $80,000 total TIF monies over seven years. Commissioner Holzman inquired if the other locations they handled were residential and if the expectation was for the City to give the properties to them. Mr. Rickard responded they were CRA -owned properties and they did expect the properties to be given. He inquired what would happen if the TIF dollars were not available. Mr. Rickard responded they would then expect the CRA to guarantee the rent for a seven -year period. Brian Grossberg, New Urban Communities explained they were asking the CRA to back the entire commercial rent. Commissioner Holzman expressed there are many moving parts associated with the project and was concerned if they do not fall into place, the City would be responsible for over $300,000 a year. Mr. Rickard explained TIF was based on the valuation of the property that would be redeveloped, and the residential units. The tax increment would come to the City. The buildings would be constructed and once the High School is rehabilitated tax revenues would be created. If backing fell though, the City would still have a rehabilitated high school and the building could be leased to another party. The closest archeological museum was located in Atlanta Georgia. The University of Florida was 300 miles away and had archeology and anthropology, but no dinosaurs. 30 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 Commissioner Orlove saw a lot of synergy between the Museum and Schoolhouse Children's Museum. Mr. Pascucci had a brief discussion with the Museum's Director at a Chamber luncheon but no formal arrangements were made. Commissioner Ross noted the residential component of the Promenade was going into foreclosure and inquired how the residential portion of the project would be successful. Mr. Rickard explained there were "For Sale" and "For Rent" markets, and the For Rent market was stronger. Rents were about $1 per square foot, competitively below similar rental communities. She further inquired what happened in 2005 at the Graves Museum. Mr. Pascucci responded they have museum experience, but the Graves Museum had much infighting which hindered the Museum. Its location was poor and there was no cultural hub. The Boynton location did. She inquired if he was aware of the attendance at the museum in Atlanta and he was not. Vice Mayor McCray inquired if staff reviewed either proposal. Ms. LaVerriere responded they had not and the plans were conceptual. He suggested staff review which plan would be more feasible. Mayor Hay agreed as did Commissioner Orlove. He suggested staff come back at a time certain to provide staff input and answers to questions about the financing, and consider public comment. Ms. Brooks explained the projects were conceptual so staff may not be able to provide a lot of information. The presenters provided information regarding what they believe is the financial feasibility of the projects. The issue was which project has the best ability to help develop the downtown. The Commission would need to give direction to one party and not the other. Staff would then return to the Board with a timeline and the review process would occur. Motion Commissioner Orlove moved to table this item to the May 1st meeting to allow for the Commission to listen to the public and make a decision on one of the two projects. Vice Mayor McCray seconded the motion for discussion. Vice Mayor McCray felt there were issues staff could review. Ms. Ross felt these two opportunities were the most promising she had seen. The Mayor thanked the presenters, but expressed concern regarding traffic flow and recognized the merits of each proposal. He thought there was enough information to make a decision. Vote The motion passed 4 -1 (Commissioner Holzman dissenting.) Commissioner Holzman left the meeting at 11:19 p.m. 12. NEW BUSINESS 31 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -006 - SECOND READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City- owned /operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. Attorney Cherof read Proposed Ordinance No. 12 -006 by title only on second reading. Motion Commissioner Ross moved to approve Proposed Ordinance No. 12 -006. Vice Mayor McCray seconded the motion. Mayor Hay opened issue for public hearing. No one coming forward, public hearing was closed. Vote Secretary Prainito called the roll. The vote was 4 -0. B. PROPOSED ORDINANCE NO. 12 -007 - FIRST READING - Amending Section 26- 8, "Water and sewer connection, deposit and service charges ", of the City's Code governing water and wastewater rates. The revised fee structure for particular services provided to utility customers will be effective July 1, 2012. This item was tabled earlier in the meeting. C. PROPOSED ORDINANCE NO. 12 -008 - FIRST READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII, (Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction and Historic Preservation) This item was tabled earlier in the meeting. D. PROPOSED ORDINANCE NO. 12 -009 - FIRST READING - Approve Ordinance amending sale of City owned real property. 32 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 This item was tabled earlier in the meeting 14. FUTURE AGENDA ITEMS A. Discussion of City Manager Search interviews and rankings - 5/1/12. B. Update to City Commission on Nuisance Abatement Program - 5/1/12 C. Notice of Intent/Moratorium - Presentation of staff analysis and proposed amendments to zoning regulations. D. Update on In -house Medical Clinic- 5/15/12 15. BRAND PROMISE STATEMENT — "BREEZE INTO BOYNTON BEACH — AMERICA'S GATEWAY TO THE GULFSTREAM" The members recited the Brand Promise. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 11:21 p.m. (Continued on the next page) 33 Meeting Minutes Regular City Commission Boynton Beach, FL April 17, 2012 CITY OF BOYNTON BEACH Woody, / . / " Ma"r M ray, i eMayor r� C 1 " "' William Orr. C •Amissioner; "7 Steven Holzman ommis ,:der ATTEST: Marlene Ross, Commissioner TI) /44:o127 Ja et M. Prainito, MMC Clerk 717 �• ith A. Pyle, CMC Deputy City Clerk 34 4i// C I The City of Boynton Beach � ill ,� Ck OFFICE OF THE CITY COMMISSION Mayor Woodrow L. Hay Vice Mayor William Orlove Commissioner Mack McCray Commissioner Steven Holzman Commissioner Marlene Ross 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 City Manager's Office: (561) 742 -6010 FAX: (561) 742 -6011 www. Boynton- beach. org Dear Lori, It has come to my attention that you and the police chief have been in discussion with the Palm Beach County Sheriffs Office (PBSO) regarding the dissolution of the Boynton Beach Police Department and merging with PBSO. This letter is not to discuss the merits or lack of merits of that issue, but rather to question your role in discussing this matter with PBSO without transparency to the public and, more specifically, without the knowledge and policy direction of the Boynton Beach City Commission. While I cannot speak for my colleagues on the commission, I think they would agree that transparency is what they and the public expect from each of us. If there was a request for a meeting from the Sheriffs office it should have come to the City Commission for discussion. Hence forth, I will consider any such secretive actions on your part an act of insubordination. Your actions in this matter indicate to me that you have a complete lack of understanding of the role and responsibilities of a City Manager. Respectfully, Commissioner Steven Holzman District III 561- 742 -6010 email: 1 IolzmanS@a bbfl.us AMERICA'S GATEWAY TO THE G ULFSTREAM r ap},,. , N, t �2r�1,e .-,..„-A N % \ ' i jai < U' - a a C -C l-�'r` \, C ca o a >+ C ` E V Z -Q I._. C , `f t Q O 'C3 -- L= 0 0 r r. 1 ^� — O C O - C r > U V a) W rn co f; 4:5 cl) 0 a)a) 75 o. o — o) as O O CC) Vo M C _ `"/ 0 0 Q. s v Cr) 0 - _ C co L.. _ +� R3 1.. C O G) ° N C E . a ) ,: •a .. N O = C O aD � O cz up U) C tI O a) " N F- CC CO O = CO N 4- • 4,, ., > 0 = .. o Z N O ,,.c .«r co O o C .0 a O 0 03 aD N V N co o v CC .� W • � N w O CO +=� O O O C U w ammo 0_ E cC C Q� to .J 0 0 O C cn W O> m a. ° .a 1 1 0 a) o • 0 rt ''"' • CO Llj 0 0 O C L _ v 0 o M © UJI > • 0. C ...c n 03 CD CD W o v im ) 0 = it cn u. O ca o = � 0 � _ • 1 ) ) co o .,_. 0 O •� N ( co • W CD W N m ) 11 2 el END CORPORATE RULE. LEGALIZE DEMOCRACY. MOVE TO AMEND What Could Change if Corporate Personhood Were Abolished? If We the People are sovereign, we must control the government. Corporations are created and chartered by the government which, acting on behalf of We the People, gives corporations privileges, not rights. Neither the govemment, without the consent of the govemed, nor corporations have the right to rule over the people. Since corporations have gained the legal status of persons, corporations have accumulated rights and become rulers — in other words, they can tell the government what to do. Corporate legal personhood was wrongly given — not by We the People, but by nine Supreme Court judges in 1886. Corporate Personhood is bad for democracy, people, and the planet because it has allowed an artificial entity to legally relegate people to subhuman status. We the People have the sovereign right — indeed, duty — to abolish Corporate Personhood. When Corporate Personhood is abolished, here are some actions We the People can take that are currently "beyond our authority ": 1. Prohibit all political activity by corporations — stop all corporate political donations and all corporate lobbying. These activities are currently legal because "corporate persons" are protected under the First Amendment. 2. Prevent corporate mergers and prohibit corporations from owning stock in other corporations. Regulation of these activities was overturned because "corporate persons" are protected under the due process clause of the Fourteenth Amendment. 3. Inspect for environmental or health violations without a warrant or prior notice. The Fourth Amendment protects "corporate persons" from search without a warrant, protecting corporate polluters from concerned citizens and regulatory agencies. 4. Revoke corporate charters by popular referendum. This is now illegal because "corporate persons" are entitled to equal protection and due process under the Fourteenth Amendment. 5. Prohibit the erection of cell phone towers and chain stores from doing business in your town, county, and state. Civil rights legislation and the Fourteenth Amendment are used to ensure that "corporate persons" have an equal opportunity to be part of our communities. 6. Stop advertising for tobacco, guns, and other dangerous products. "Corporate persons" are entitled to free speech under the First Amendment, with "commercial speech" increasingly protected by the federal courts. 7. Levy differential taxes for corporations and restrict their size. The Fourteenth Amendment protects "corporate persons" from unfair discrimination (although they don't complain when they get big tax breaks). 8. Require labelling of genetically modified foods This is currently prevented because the First Amendment protects the right of "corporate persons" NOT to speak. If Corporate Personhood were abolished, none of these things would change automatically. New laws could be written and old laws could be challenged in court to eliminate the kinds of protections that have enabled "corporate persons" to amass so much wealth and power. Remember: judge -made law is not democracy! We the People have the power to change this. This list was compiled by the Women's International League for Peace and Freedom, a coalition partner with MoveToAmend.org. End Corporate Rule • Legalize Democracy • MoveToAmend.org (707) 269 -0984 HJ. Res 90: Outlawing Corporate Cash S.J. Res 33: The Saving American Undermining the Public Interest in our Democracy Amendment Elections & Democracy (OCCUPIED) introduced by Senator Amendment introduced by Rep. Deutch Bernie Sanders Section 1: Corporations are not people. The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for- profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state. This section makes clear that corporations and entities formed to promote their business interests are not people with inalienable rights protected by the Constitution but private entities established by people in accordance with our laws. This section denies corporations the right to daim that worker protections, environmental regulations, public safeguards, and political contribution limits somehow violate their constitutional rights. Section iI: Corporations can be regulated by people. Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press. This section simply makes clear that corporations are established in accordance with state and federal laws put in place by people, and they are thus subject to laws written by the people. Corporations cannot claim they have constitutional protections from laws and regulations written to limit pollution, prevent discrimination, and safeguard die public. Section III: Corporations cannot spend money in elections. Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or upon any ballot measure submitted to a vote of the people. This section directly overturns Otizens United by prohibited corporations and business associations from using their profits to participate in our elections, whether it is through direct expenditures or third party action. Corporations are not de facto political action committees that can treat their profits and investor dollars as political contributions. Section IV: Money is not speech. Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate's own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures. This section overturns both Citizens United v. FEC and Buckley v. Valeo. It authorizes caps on independent expenditures and stops Super PACs from evading the authority of Congress and the states to regulate campaign finance. It makes dear that just as limits on individual giving to candidates do not violate free speech, regulation of spending and contributions by nonprofits, unions, the wealthy, and self - funded candidates is also constitutional. "No other congressional effort Support for the has so directly confronted the "Public Citizen enthusiastically twin problems created by judges Deutch- Sanders applauds and endorses Rep. Ted who have arrogantly granted Amendment... Deutch's proposed rights to corporations, without constitutional amendment, democratic consent, and ,, which would comprehensively overturned bipartisan laws that Finally, a Constitutional limited the corrupting influence Amendment for the 99 repair the damage done to our of money in our elections." percent." — Campaign for democracy by Citizens United." — Center for Media and — Public Citizen America's Future Blog Democracy :-i..;• a R r _ , _ . . • = ' 11 c ka • = D ECLARATION OF INDEPENDENCE FROM CORPORATE RULE t. 1 II ;1;r IiiI1, in order to make Democracy real and • ,, Justice possible, to defend against oppression, fight for the welfare of all `i -. ; and to liberate our minds and hearts, and to free our pocketbooks from ,. Y g- - the clutches of corporations and the wealthy, do hereby declare our Independence from Corporate Rule, shouting for all to hear that ^ - • Corporations are not persons and have no inherent inalienable human : Fs _ ; rights under the Constitution. Y , - • Money is not speech. Money is concentrated capital and it cannot '�-f �. t = » _ = 2-- sp eak. f. .- • • C ommunities have the right to protect our land, our environment, our - homes, our health, and all of our citizens -- children, elders, workers, - AT the sick and the poor — against actions to overturn democratically _ r enacted laws. Corporations can not use our democratically enacted =j laws against us. ' =_-4 f .,. The Supreme Court has decided the opposite, ruling that corporations have inalienable human rights, that money is speech, and that spending _ - money to "speak" is protected under the First Amendment, and that J= corporations can overturn democratically enacted laws that protect 4i - elections, our safety and health, the environment, and the right to organize. =`:, This shall not stand! We the People will overrule the Court! �� And so, to protect our democracy, our health, our lives, our families, our 4 xM, communities and our futures, we move to amend the y - United States Constitution to affirm that only real people - _ 1 -;__'_ human beings - are sovereign and entitled to inalienable human rights E`= protected under the Constitution. - -,. • . .,. www.MoveToAmend.org B.0), mops OV N MJ' 6 ... a Boynton Beach Youth Athletic League, Inc. (BBYA) was established in 2001 and in 2008 legally became a 501c3. This Travel Basketball League is designed to encourage the athletic and civic development of the youth in our community. We have 5 teams; 4 th, 6th, 7th, 9th and 10 grade. By promoting the values of teamwork, leadership, commitment, goal setting, hardwork and communication, these youth are exposed to tools to have them be successful in their life and make a positive difference in their communities. Our coaches, managers and parents volunteer countless hours to support these children unconditionally and embody these values. Some of our coaches have been volunteering in this community for over 20 years. They have an unwaivering commitment to the success of these youth. Our league is a place where children can come and interact with other youths in a positive environment, and simply put is a "home away from home ". Our teams are registered with the two largest national sports organizations in the country; Amateur Athletic Union (AAU) and the United States Specialty Sports Association (USSSA). This offers the players to travel and experience places they would not otherwise get the opportunity to see. They interact with people from all over the state and in some instances other states. We would love for you to come and visit our practice or even come and see us play in a tournament. Our last AAU tournament in Orlando two weekends ago, our 6 grade team came in 3 place, our 9 grade team came in 2nd place and our 7 grade team came in 1 place. It's not all about winning, it's about character building, but it's great when it happens. Our uniforms all say Boynton Heat or Boynton Hoops....we represent your community and we are proud of it. Thank you for your support! Tax ID 65- 0488479 PO Box 114, Boynton Beach, FL 33425 561 - 654 -4524 *Akita SIMIAN/ \ 1' - * ( *. - '',`- ..,„ . et opopm. ....s... , - ... 4 i 40 ,^ , c 's " ..-- lb '''' • ', , ....j I N, 1 1 ' - ' 1 :-'' ,i, „< -:"'" 1 r f 1 -, : V. ' 4tiy ,.. 0 10 1 mit gl issills Nri rot n, ,... .. 4 1 3 6 g EAT gur ETAT . \ -. V • , , . „..,,,... ••.:, 4 rfr; ...; ...- ,. ., adrnalanaillaini s eY N T * ,,, r , k. ' rr';'•''' '':- '1'; --"),'' ".. -'''' '4 , ■ . .. ., • HEAT , ._?.. ,..., 1 .. 0 „..: „, ,. ..r. . .,, ,...„, ..s*: ... 11. -..- __.. =II , . ..._ .......,,, , - .,,,, V Per,._ _,,.., ,., i I P,_ aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (225).jpg ( ( ( ( if -_ s ilk 2 * t2 fl aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( ( ( � ".. 1 ' s ..„ _,..., aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( (3 (30 ( a 1,11 �l l aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (3).jpg aau easter classic 12 (314).jpg ( ( ( -jpg • aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( (3 jpg ( 0 'kV a � � t5 a � $s ., z 3 x • 'f, f # i 00 ' i aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( (56).jpg ( ( 4 10 dif aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (118).jpg (130).jpg (143).jpg (153).jpg (156).jpg TH.,: I Z+` aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (144).jpg (157) jp9 (158) jp9 ( ( ., • rF II a .:„ r 1 „.01, .4. aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( ( (220).jpg 4 ' 4 - iri ' � 1 � T i ` aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (222).jpg (227).jpg (228).jpg (229).jpg (237).jpg _„...7,..7„..; 11. ! ' ;„,„t II I', ` ._, v aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (238).jpg (253).jpg (255).jpg (267).jpg (282).jpg ILL !riA. s 4 . ) a aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau classic 12 (284).jpg ( (289).jpg (295).jpg (297).jpg li l p ft a; t e n p At r t aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( (329).jpg (341).jp9 4 4. , ` . I 'k, 101, aau easter classic 12 (6).jpg aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( jp9 ( ( (5 jp9 ■ r / L aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (231).jpg (240).jpg ( ( (250).jpg ali F g F N1r • • ,E • g aau easter classic aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 r ( (292).jpg ( (311).jp9 (320).jpg . ` 14 \ r ' 1 .1) .. aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (322).jpg ( ( (24).jpg (37).jpg \ , 1 � ti sr aau easter dassic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter dassic 12 ( (43).jpg ( jp9 (48).jpg (57).jp9 - , ......________- ' i , .... 4: ft ." ■ aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (66) jpg ( ( jpg ( (82).jpg 8 , _. ~ _ aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (84).jpg (93).jpg (9 jp9 (112).jp9 (114).jp9 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter dassic 12 aau easter classic 12 (123).jpg (140).jp9 (149).jpg (151).jp9 (152).jp9 ■ i r g „Alo ..... I I I I aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( ( ( 9P „tt:frfew r r aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 (280).jpg ( ( ( ( a v ill*:i' • a It '1 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 , . . _ . 1 1 . ( (3 ( (33 (3 4 aau easter classic 12 aau easter classic 12 (1).jpg aau easter classic 12 aau easter classic 12 aau easter classic 12 (337).jpg ( ( (27) jpg 1 _ • to, • Iroi ._ ,• ' t . S aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( ( ( I i L Ig f ' ', kfr ,4 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( (68).jpg ( (71).jpg 1 I I . Q aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 aau easter classic 12 ( ( ( jp9 (91).jpg (92).jp9 DEVELOPN IT ORDER OF THE CITY COMMI' ON OF THE CITY OF BOYNTON BEACH, FLORIDA Development P3Z Building Engineering Occ. License PROJECT NAME Bride of Christ Tabernacle Deputy City Clerk APPLICANT'S AGENT: Ron Uphoff, Arkitektur + Kasai, Inc AGENT'S ADDRESS: 2201 Wilton Drive, Wilton Manors, FL 33305 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2012 TYPE OF RELIEF SOUGHT: Request conditional use and new site plan approval to construct a 5,040 square foot church on a 0 757 acre parcel located at 202 NE 11 Avenue, within the R -2 (Duplex) zoning district. LOCATION OF PROPERTY: 202 NE 11 Avenue, Boynton Beach, FL 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. 2 The Applicant -/HAS HAS NOT established by substantial competent evidence a basis for the relief requested 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included" 4. The 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 GAT Y OiA DATED _ 4- t' - Age. � I City Clerk S \Planning \SHARED \WP \PROJECTS \Bride of Christ Tabernacle \COUS 12 -001 NWSP 12- 002 \DO doc N` EXHIBIT "D" - CONDITIONS OF APPROVAL Project Name: Bride of Christ Tabernacle File number: COUS 12 -001 / NWSP 12 -002 Reference: 3rd review plans identified as a Maior Site Plan Modification with a March 6, 2012 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments 1. Full grading, paving and drainage plans with details and drainage calculations in accordance with Chapter 4, Article VIII, X Section 3.G. will be required at time of permitting. 2. Verify the water line in NE 11 Avenue is a 4" line and please X note that the new fire hydrant must handle1500 GPM flow. 3. Work with the Engineering Department to execute a maintenance agreement if the applicant is interested in X maintaining the unimproved r -o -w. 4. All trees must follow FPL Right Tree Right Place. X 5. There is no irrigation plan submitted with the landscape plan. The Irrigation Plan must be submitted at time of permitting and X must follow the Florida Friendly - Waterwise principles. 6. Landscape areas should be designed on separate irrigation zones and time duration for water conservation purposes. X Additionally, all trees should have separate irrigation bubblers (Chapter 4, Article II, Section 4, 5.). 7 The applicant should add a note that all utility boxes or structures (not currently known or shown on the plan) should be X screened with Coco plum hedge plants on three sides (Chapter 4, Article II, Section 6.F.p.30). FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: 8. Please note that changes or revisions to these plans may generate additional comments Acceptance of these plans during the DART (Development Application Review Team) X process does not ensure that additional comments may not be generated by the Commission and at permit review. Subway Headquarters MSPM 12 -001 1 Review Comments Page 2 of 3 DEPARTMENTS INCLUDE REJECT 9. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2007 FBC, Table 704.8. Submit calculations that clearly reflect X the percentage of protected and unprotected wall openings permitted per 2007 FBC, Table 704.8. 10. Buildings, structures and parts thereof shall be designed to withstand minimum wind Toads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 Florida Building Code, Section 1609 (Wind Loads). Calculations that X are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11.At time of permit review, submit signed and sealed working X drawings of the proposed construction. 12. City code requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. A water -use permit from SFWMD X is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 13. If capital facilities 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 X 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 the amount for each. 14. 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 X submittal The plans must incorporate all the conditions of approval as listed in the Development Order and approved by the City Commission. PARKS AND RECREATION X Comments: None. PLANNING AND ZONING Comments: Subway Headquarters MSPM 12 -001 1 Review Comments Page 3 of 3 DEPARTMENTS INCLUDE REJECT 15.It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance X 04 -007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. 16.On Sheet PH -0, correct the "Pole Assembly" detail which depicts a sag lens and indicate the use of a cut -off fixture to X ensure no Tight spillage. 17. Based on an external inspection, none of the structures on the property appear eligible for individual listing on the Local or National Register and none are eligible to be designated as contributing to a district. Prior to the issuance of any demolition permits, the structures should be inspected internally to identify any significant architectural details and potentially salvageable X building materials and the structures should be recorded for the Florida Master Site File and the City archives. The applicant shall be responsible for providing access to City staff for these purposes. COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. The applicant shall provide a construction phasing plan for Planning and Engineering review and approval prior to permit X submittal. 19. The applicant shall submit a revised photometric plan depicting two (2) Tight fixtures at the porte cochere, replacing the single X pole Tight near the building entrance, with comparable illumination levels. CITY COMMISSION CONDITIONS Comments: To be determined. S \Planning \SHARED \WP \PROJECTS \Bride of Christ Tabernacle \COUS 12 -001/ NWSP 12- 002 \COA doc EXHIBIT "A" - SITE LOCAL .ON MAP BRIDE OF CHRIST COUS 12-001/NWSP 12-002 &Me= 1 , 1 ! , 11: I 1 _. , , , 1 11111 , 1 • • i --r.7---13-TH i I i , w 1 . , i 7 PU 5: 1 . R-2 j _ t 1.. 1 1 L 1 7 i 1 1, ILI 1 2TH AVE Z i . I IT 1 1111 1 ! i , ; , . 1 1 i , ! 1 1 , 1 , I i 1 1 1 I i 1 11-11 1 F r r P P Li i 1 1 . t 1 1 r , 40 A .L..._ - i U) 1 I I ' 1 . 1 ■ 1 . 1 1 ' 1 1 1 A , AA SITEI_I i z---i ' i I ! i 1 I 1 C-2 ( zli ' 1 i I.- ' ' ' ' kti ! 1 E i '' c'll i':1!1 E MARTIN LUTHER KING JR BLVD . , -----T 1 1 / ipu Apt 1 I - 1 - ' NE 9TH AVE . A I , R-1A i R2 a A i - Li) i ,,„ i •, PU NE 8TH AVE (1) 4 r - i , if 1 1- , , , , , , (0 i , 1 1 T ! ; ; 1 R-3 z iiir■ N 190 95 0 190 380 570 760 A mow vow ■Imo. " ■ milmilmml. Fe - 40 E S EXHIBIT B q q .ii 43 it 4 t 1 `* '4114 - . simenpbtotowez _ l it i vs. 1 K. - -. -.::- -- - -, Maillilialla7 t. 4- 1 6 . _ " i - .---- ' ' 1 - . el i :41 1 -.•`' I 1g 1 , 1 . • 1 1 1' 1 1; ..- — - t t ...--g - . 0: 1 . fa] 1•1_ 1 ,,-- - h --2 , ---, r . . 1 Cli i '• I i$ ( h 1 ,,1 I i t.g til 1 1 -1 ---- 1 — 4 ,,.. ., .":-. -- - Ill ill i - ' ' '.. 'A . ill 4/ 1 f'. , a. • 1 \ i "'-" . ' _ 17: II !?: u , . '1 t .. s. 1 : 1. h _ _ 1 _ , ... ,i, - tl - .----60 '' *I■e - - iar.: * ' . t • 1 ---1---1., __L — Pre ,r,t, , v i, jh 'Val ..: •,.. Int ...: r ., c... ■=42/ ' -- .: I ', T. , ; ' I.-"--' ,, -- r' 1 i rri 1-. ' '. . k ig.: 1 i im. r L . f+ . oral 11 st . , 1 : - . 1 ' . : L. ..,-.._. .::________•__...•,.....,, , , ', It. ti .1 1 1 - . . , 1 K ..i ' 1 , , /II.< AMU KTIll • iAiAt 1 I , ,==.11 ... ...■ 1 1 _ • ' \ ;:*%: ! ...t = , 4 ffl - = 1 . r . ...........-0.... 1 _ 0 umuomrsItaisters..or . 1 14 s ___ _ Z 'nu7."4"" r " -. 3 - "77 ' 64 " It 1 1 .....„ ,...... i -""N.wit, 4: -C, , -- - I -- - - . er Zt ujj e rtr.4. :/fitf l ic . ..._ 1,.. :.... _ WAD Ga MWR a .iiii 1 r 4-4 a ii l ol l 1 p lloiw ir i g i i .--- - 4 ,...--, - -- 2t!s - , , 1 1111111i IP! i ....,.....______,---,-- 1 4 . , -g : i i tili I 111 1 ' l i _14711 IA it t. .t '411 1 i 11 1 0 li ..• ) i r t - i i, 11 11 44" i 1 1 I i i r t . • - 1 I 1 1 II I 1 [ . r '' l la ......... - II ----- 11 1 iii ;:./ _ , 1/ - - .. 7 .4.... 7 i-7..--....=:-..-. tl/ I - 1 1151 . ..,.......7.- ,...........\, ■N , ei I i r ."'' z MR .-.11 ill 4t! i - '--- i 1E 1 IS ' 1 l°611 I 4' I am r, 7--- - --- - -1 --I..-2 ,1 A01 S .::' .1.: EXHIBIT B t tt... -.4 ---. • p. Iiiii■ l'' 1 '.*, . ■ ,.....1111114.... .41,1irliis3/4 jb, ' ; c \Ill ' 11, / Ail* /41 ' 4• ' ‘1.1(A ligt.:0 - r' ' 11111 1 . • .. h ....- ' 011101% 1 1 :1 (1 iiii;: NMI"' lirillilliVilit t N -7 47, Ai Mg:a:. Si •,' ' .1; 4111. I ih , i l l ! !%,..: .., , : IT 1 1: 1 1 ,1 111k i a ; ,.:.) ° ': 1, „ y i i t i 14 11 4r ' I . • ' ..1 11 1 111a ...• • . ; r01 1 _r '' • '' . ! ' 4 :: ti -,:. • La 4 r =:) 1 11 11 , ' , i gl i il..--1. t ; L3. :' :1::. Liz 00 i . t , ... F II: ii ID Qi . II ip l 1 if . ,) ,,/... • 0 , > # 7 e - 'a ,,,,/ •.4:7 1 II I la .,.° 41. ::_. It N 1 W. -T if• t 1 [_11F- • i 0 (3 1 ” ) ,..i i P.' 1 I ...••:-.,, t 't... — I l it f lt 1 1 7/ ,..--- ; ,, ■ A ' ,,, A . €1.-t- 1 ! • 1 .1i 1 3 , i ... (na. , :IMI • - 1 al-----,--- II! - Q I, - . At i 1 r 11111r4 vti , i, .....;;" , :i • , il;v:;,• ' -- ,y: ,1 1..■ , 0 . 1 OD li r_mt. il l I I 1 4) a r ' ;)- (4 litl . r I ' = • fr.D 4 ' 111 n ■ N . ,... - ' 1/4 , '• ,, : eqh, Mr."; ■P'.00Z i i # I II , !. mom 5.it. ,..., . A No ie.... 1 11 1111 11 11 '`. //N 9 • '• ips li II i i , ' r i I iir ; ; 1 ;;;:rgi -NI . •or il ' , - „Ifs "I . , , irol ■ k 1 1p 1 r " ,4' F:, ,i; ,: ,...1/k OD iii q .4 , , P • I ,i! idircip1. i Hit 1 r ir .. gir \ . 1 I ' • 7: " . ,-..-; • ' :1 ' t i f i 1 illi 1 ( 4 r " : iiii1 1 1 11.t.. 1; *r..., 1 I 4 .....4 ;I . a i 11 H . ik - r• 4m 190 -!• I 1 A , ; we r ...., r . 1 ie ..,,, j a.......... ,r .11,/ 1 i• ill; t fr.... , "" - • 2 ' ), II ,,...,.... t 1 0 9--- a _ 1 - Itiq"ii I 7- i -1 -„, 1--- -4 , - ,_-_ 1: 0 !ir •:. f ---- g' .--- =VezNbls . l ift • i x 'A gw& Li 5 el Ai La , zw o r - 1 r. Jo- :' ,M11///... 6, ;, .. :-, f; 'all '- „,,,.,, , r 11 op i; i ri t v. ,ITF, : .„_,-; ,„ 4 ,111111 I i ...i 11 1 /4 al IV't ai . , . q.,.,0 i , t, z . -..,:-..,, N o. , 3 -,, ■ WW1 , ' -.: •• . '44" ',.• i .r,'4i ':= MII iti i . ,.. • , ..b. g __ ID i.1 ('D k) I I -, f :i 11/4vicesCoecete Eli . i r c:iviii 1 ;1' Is . i -.I'E, c- • i Ei 41 ' - A. t,-,i le- . ..., ,1, ''' - - C r '. .. 4 V I. .0140 '4' 0,21 7 , A z / lOy .. . . .. ‘. a '4OV , ) i 0 I 'AR , ■-- 1 ..: r .40 IlliFiltillAqPillatil 4,0 '..v ' — IP „ *; ■ 0 : :”. ' ' ' i 1 '"' • 41' ,, lo, .., ..erip... , , . Ai* —,• ........... Amor ■ ■ .••• 1 E- Alma . we. , c. • .. _ 1— V • ■ , 1.744= 1r ••■ ... II , it 44 01 All., ,,,. , , ,I 1eL AA 4 Int. •4•10V ._ - _ • ‘,.:41itsv,.,-: ',=-. *, • • , iiii iiiii:IiNej''.1.Tritk7,4111k■ 1 .• 1 , .25. dilimil 6, ..... , ' 4 — ......f, .4, N.„.........,....... .......... 4% ....,—, i4t I Q,- e.'. - c"). , tr.q *EA. i•,- ...... ...0., . D •,.. - ..' •(-6i.:: L. : ### i g ## 71110 mix ' Imo •• • • . . , Nam-. ■ at .6112.• 1.- - - g • 4. .. p ■ ,..,,.., , ow 1 Om I lo II 1 v • i i - ,„ 1 ; . 1 1 i i i 1 ,•••••• Ili tf .ii ; - ' IC 1 1 1 1 :;:'' 1 1 ' II I 'I 11 ' ' ll 1 1 OZ. f t a 1 2 I 1 I I ( i it ! 1 1 1 5 I 4 ill 1 1 1 4, il q rii . 1 E 1 1 a ; ii 4 1 , ,, , 1 I l l 1 II' 1 IA i 1 1 1 ukitic,ii . I 1 1 1 g I t I 8 1 - P 2 II 0 I I 1 BRIDE OF CHRIST TABERNACLE, 0 ALTERNA'qLANDSCAPZ PLAN 'WWII INC. . ....." i I f — 202 PLR i i Mame Baran Beads. Florida , I I I i 1 i' i i 4 ,, I , I 1 , 77,\ BIT B 1 1 il 4'1 , 4 1 — , lin IN r ill i .... 1 „ I .v, 1 t ii.,, PIM ,, i MS. I '.... 47' ..., ' • 1 Immo - ums...: '''.:' . ine. 5::: : c. .. ' NI 1 -1- : ' d MI : 1 , ; . - - !WA .7.7 r ,itimommia 1.7 ,, — -, • . I i 1 r III 1- 7 .. renti_ii_ ,,.., / ANIM " 7, .74111•111/1111/111 TI! ow iii-.) / ,f..I. ... ... AM i_ii 4 0 ' 1. Ii■E ' NI' t I / ..11110••■ , N > ' ,' ' ' ''' t I 1 1 , ' : 7 I ■ ' 7... 1 . "/ 1 ? P1 ill 1 p i 1 II ,,, al '.. 1 II 11 .... . 1 , l 1 ; , 3 1 I i I 1 V 1 ' - • ' '41' . ' i ' t . . ,■;,1*. I 1 11 i I .11 ' 4 Milm= : A . ., a affiseisolincm. ,:i II , , ,i - • ,-- . , VI' 11 '''' i IMIF I' I ,,. .. , • _ i 1 I -.91, so t 1 1 .6.. : 0 ' IL , ■ I I ,I I 1 1 ' I I ..,_„:,,,,, , , ... .5, ■ 1 • ■ , .1 1_71 0,. .....-, t w■ 11N • 1 • 1. ■ii . • ■ I / 1 ' : • • ... , 0 1— — 1— — X ' 44.1VA* Ce,), 010 6 I pi- ,Iii i 0'11 it BRIDE OF . i 1 ii 1 t › i 1 liq q CHRIST 1 1 1 , i I ip I N3 / . I 7 Iris T FNACL ABEIE , tiff» r FLORMIA 1 i 1 I E EXHIBIT B , l� ■ lei .r .,../.. :, ��� �, ��; ; I ,, .) . ° � Pi .1 11M J i, 1` ✓ `Y , fit: i ., :. 4 , i i ' ; , , : atolilffrAl..:: -- V,0 ' V • ..m .•• ,...4 . 4 t , , © 1 �, � . "' - 40 , , ,,... © 1, ' Z I1,.� � y , .. ,. J. v. ,. 1 �. j . i ce, 1 - , -2111441V,' a +3 1 ould _ ° :a XX__ - - . ' - I ; ik • 1 1:.' i l i i 1 1.1 111111111 N t • $ ( f i i ( ! ? . i ! i . ..1 ' -' I' I : I( ti. 5 i ! I . , e : : e :,1 11 11111118 1 ''-.7-.7:: 1: i!ii.ii iil =ILI= i 11+ �. a 1 111111p10 N11111i•Bt1 ) I r ? . , u .a..a. /U 1:1:11:EJ i 1 1. 1 tit L1 . 1 IH I 1 I ; 1 � , ' T _ I ;, .. i - - - 1 .. � . � ' M 9 il A' w` ::.;;;i lig 1 h 11 • ' • • ii. �a t i � 111 ( ] i III 1.- .- .....n.. h � � � # � • � �i I ' IIh � . 0111 II l i ill II BRA of i r i ll g ` �: 1 E 1 1/ 1 1 I i 1 G i F II , # TABERNACLE 11 X 1 ; , 1 � : 0111 . , }It EXHIBIT "C" RON UPHOFF PLANNER PH - 561 628 3626 2907 NW 5th AVENUE E -MAIL ronarchplan@aol.com WILTON MANORS, FL. 33311 1 FEB. 24 , 2012 MR. MICHAEL W. RUMPH DIRECTOR OF PLANNING & ZONING DEPARTMENT OF DEVELOPMENT CITY OF BOYNTON BEACH, FLORIDA 33425 RE: BRIDE IF CHRIST TABERNACLE INC RESPONCE FOR CONDITIONAL USE EVALUATION STANDARDS 1. INGRESS AND EGRESS TO THE PROPERTY IS PROVIDED BY A 24 FT. DRIVEWAY WITH AN 18 FT. SETBACK FOR THE GATE THAT WILL BE TWO SECTIONS OF 12FT. EACH. EACH 12 FT. SECTION WILL BE TWO SECTIONS OF 6 FT. THAT WILL BY -FOLD AND SWING 180 DEGREES FROM THE END POST. 2. THE OFF STREET PARKING ON THE NOETH SIDE OF THE BUILDING IS GRASS PARKING WITH A 24 FT. PAVED DRIVE . THE PARKING TO THE WEST FACING THE UNIMPROVED 1st. STREET AND THE DRIVE AREA ARE PAVED. THEIR IS NO OFF - LOADING OF FOOD OR EQUIPMENT. THE BUILDING FUNCTION IS A PLACE OF WORSHIP, THEIR IS NO FOOD PREP AND / OR KITCHEN IN THE STRUCTURE. 3. REFUSE WILL BE HANDALDED BY 2 HAND PUSHED 2 WEELED CARTS SET TO THE CURB FOR PICKUP. 4, WATER SEWER AND ELECTRIC SERVICE ARE EXISTING TO THE SITE AND SERVE THE PRESENT BUILDING, A PLACE OF WORSHIP. 5. THE LANDSCAPE BUFFERS FOR THE NEW FACILITY ARE FULL WIDTH PER CODE. AS THEIR IS NO LANDSCAPE BUFFERING FOR THE PRESENT FACILITY AND A FEW TREES SCATTARED ON THE SI'Z'E, THE NEW LANDSCAPE BUFFERS MEET OR EXCEED THE CODE REQUIREMENTS FOR TREES, SHRUBS, HEDGES AND CROUND COVER ALONG WOTH LOW WATER REQUIREMENTS AND MAINTANCE. 6. THE SIGN WILL BE A MONUMENT TYPE AND WILL NOT EXCEED 5 FT. IN HEIGHT FROM THE FINISH GRADE AND 16 SQUAIR FT. IN AREA. IT WILL BE LOCATED IN THE NORTH WEST CORNER OF THE SITE NEAR THRE ENTRANCE. EXTERIOR SITE LIGNTING IS DIRECTED DOWNWORD WITH NO DIRECT GLAIR TO AND ADISENT PROPERTY OR ROADWAY. THE AREA LIGHTING WILL BE TURNED OFF WITHIN ONE HOUR OF ANY EVENING ACTIVITY. RON UPHOFF ------------- LAND PLANNING AND DESIGN RON UPHOFF PLANNER PH - 561 628 3626 2907 NW 5th AVENUE E -MAIL ronarchplan@aol.com WILTON MANORS, FL. 33311 2 7.THE BUILDING SETBACTS MEET OR EXCEED THOSE REQUIRD BY THE CITY ZONING CODE. THEIR WILL BE A AN OPEN SPACE FOR ON SITE ACTIVITY SUCH AS BADMINTON OR CROQUET TO THE SOUTH SIDE OF THE BUILDING WHEIR THE ZONING IS C - 2 AND THE FUTURE LAND USE IS LRC. AT THIS TIME IT IS VACANT. 8. THE ADJACENT IMPROVED PROPERTY IS A SFR TO THE, TO THE NORTH AND WEST, TIM SITE IS SEPORATED BY A STREEET AND THE PROPERTY TO THE SOUTH IS ZONED COMMERCIAL AND VACANT. THE SITE HAS BEEN A PLACE OF WORSHIP FOR 30 PLUS YEARS AND THE NEW STRUCTURE AND THE SI'Z'E IMPROVEMENT SHOULD BE WELCOMED WITH OPEN ARMES BY THE ADJACENT AND OTHER PROPERTY OWNERS IN THE ZONING DISTRICT. THEIR WILL BE UPSCALE PARKING FACILTTIES AND A TOTAL LANDSCAPE STYE. 9. THE NEW STRUCTURE IS SET BACK FROM THE STREET A GOOD DISTANCE LESSENING THE DOMINANCE OF THESTRUCTOR WHILE BEING ENCAPSULATED IN THE SURONDING LANDSCAPING, FROM THE EXISTING RESIDENCES OF THE NEARBYPROPERTIES. IT WILL ALSO BE AN ASSET TO THE CITY BY PROVLIDING A SYMBOLANCE OF NEWNESSALONG WITH THE PERMANCE, GROUTH AND PRIDE IN THE CITY AS A WHOLE PROVIDING NEWNESS, HARMONY AND SECURITY TO THE PROPERTY NEARBY. 10. THE NEW STRUCTURE AND SITE IMPROVEMENT WILL IMPROVE ECONOMIC STATUS AND FEELING FOR THE NEARBY PROPERTY AS WELL AS THE CITY AS IT IS INVESTING IN THE PRESENT AND THE FUTURE. RON UPHOFF LAND PLANNING AND DESIGN