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Minutes 06-18-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 18, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner Lori LaVerriere, City Manager Shanna Bridgeman, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck from St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Father Floreck from St. Mark Catholic Church followed by the Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick. Mayor Taylor thanked Father Floreck for providing the invocation. D. Brand Promise Statement The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach. Grow your family, business and garden in a cultural mosaic of diverse affordable neighborhoods." E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor advised Proposed Ordinance 13 -015 would be discussed as Item 9.A. and Proposed Ordinance No. 13 -014 would be heard as 9.13. Proposed Ordinance No. 13- 020 would become Item 9.C. There was an added item, Proposed Resolution No. R13 -054, would be Item 6.1. relating to debris management services. Commissioner Merker wanted to pull Items 6.A, D and E. Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick had attended the Chamber of Commerce meeting and the ceremony for Flag Day. Vice Mayor Hay had attended those functions and the Veterans ceremony in the park. Commissioner Merker also attended those events and volunteered to teach the young men how to do a correct jump shot with the form, grace and release of the pros. Commissioner Casello had gone to the presentation of new homes by Habitat for Humanity Foundation. It was gratifying to see the smiles of the families. The Community Redevelopment Agency (CRA) was doing a great job with the area. Mayor Taylor agreed the new homes were amazing. Two homes were built in five days and it was a tremendous effort of many. Vice Mayor Hay related a small child had mentioned he would not have to live with the roaches anymore because the entire family had been living in one room. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) N Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Jeannie Taylor, 2121 SW 15 Avenue, spoke as Chair of the Library Board. She thanked the Commission for their continued support. The Library was a source of pride for the entire community. The return on investment for libraries revealed for every tax dollar received, Florida Public Libraries provide $8.32 in value. The current budget of the Boynton Library would equate to $19 million of value. Income or wages are increased by $22.97 for every dollar of public support to libraries. It would result in the Library increasing incomes by over $52 million. A job is created for every $3,491 of public support to libraries; therefore, the Library investment creates 659 jobs. The Library is crucial to the economy and essential to the people. It is a community anchor in the heart of the City. It is a place where everyone is welcome and the services reach out to all residents. The Library meets the needs of the community through continuing education, providing job searching tools, business support, health information, personal growth and development, children and youth activities and electronic government resources. She urged the Commission to remember the value of the Library and continue to provide for library services in the City. David Katz, 67 Midwood Lane, displayed a copy of a summary judgment filing in the County Courts sent by the CRA attorney requesting the Lisa Bright case be thrown out. It was fashioned last year and it is costing the Community Redevelopment Agency (CRA) several thousand dollars. The CRA Counsel, James Cherof and his firm, were asserting the case should be thrown out because Ms. Bright never told Mr. Katz or Mr. Floering about the law suit. He suggested when the summary judgment is thrown out, the law firm should be asked for a refund for the fees. He applauded the CRA Board for issuing an RFP for legal services and he contended the City Commission should do the same for legal services. Mike Campbell, Habitat for Humanity, 181 SE 5 th Avenue, Delray Beach, thanked the City for the opportunity to build the two homes in five days. The support of various City departments with the inspections made it possible. Two builders donated their time, resources and leveraged the vendors to donate the supplies for the homes. He did indicate there were five homes for the 80% to 120% median income families that were $300,000 short to be able to start construction, to complete the project. He requested it be added to the budget or reviewed through Community Development Block Grant (CDBG) funds or Neighborhood Stabilization Program (NSP) funds set aside that are available. Perhaps the funds could be split to bring the project to fruition. He appreciated the partnership created with the CRA and City and he hoped to see the 21 homes completed. Vice Mayor Hay inquired if Habitat was still on target and Mr. Campbell advised they had received a bank donation of $50,000 for the Ocean Breeze West project. They had applied to the Florida Community Loan Fund for $500,000 for construction assistance 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 on the five homes. They remain $300,000 short to get the houses started. The plan is still in place for completion by June, 2014. Mayor Taylor noted Item 6.0 on the agenda related to the Community Development Block Grant and he had questions to ask and requested the Item be pulled. There was agreement to pull Item 6.0 for discussion. Claudio Burleigh, 429 NW 7 th Street, had a complaint about lack of service. He had an issue with the paternity of a grandchild and had summoned the Police Department to handle the child. Officer Williams responded and appeared to be distracted. When a copy of the report was requested, Officer Williams refused to supply the copy. Mr. Burleigh went through the Internal Affairs division and he received a letter from the Chief that appeared to be a form response. He then took his concerns to the City Manager by letter and on four occasions phoned the office, but to date, had not received a response even from the assistants. Sixty days had passed and the City Manager had not replied or acknowledged the complaint. There is a lack of service and an embarrassment to the City and Police Department when a citizen's complaint is denied. The documentation was there and the request for a copy was refused. He urged the Commission to investigate the situation and asked for a simple report. Mayor Taylor indicated he would check into the matter and get a response for Mr. Burleigh. Vice Mayor Hay explained his cell phone was not working and gave his home phone number for any communication. Richard Chamness, 801 SE 3 rd Street, asked for assistance in a complaint he had filed with the City Manager and Commission and Code Enforcement relating to the business, Power -By- The -Hour. They have a motor shop and do dynode on high performance vehicles. In the process, they create an extremely disturbing noise for a brief period of time. The noise abatement regulations apply for a period of noise of 10 minutes or more and this noise does not fall under that category because it is of short duration. Neighbors had also complained. Mr. Chamness had received letters from the City Manager, Commissioner Holzman and Code Enforcement advising the case had been closed. He requested the case be re- opened under the Land Development Regulations relating to the peace and tranquility of residential neighborhoods. The business had been advised they had to operate within the building and there was video proof that was not being done. It was disregarded daily. Mayor Taylor was aware of the complaint and had been told by Code Enforcement and the City, the owner of the business was well within the Codes. The property is zoned commercial. There is nothing that can be done. It is extremely noisy for a few minutes. Mayor Taylor would review the matter again. 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Dr. Piotr Blass, 113 W. Tara Lakes Drive, reported he filed his campaign termination report for the previous election, but would be running again in 2016. He was pursuing legal steps against the Palm Beach Post since the article relating to him had resulted in ugly, anti - Semitic and violent attention. He thanked the Police Department for keeping him safe. Chief Immler would be missed and a national search should be undertaken for his replacement. The City deserves the best. Dr. Blass pointed out the University of Boynton was moving forward with 35 students doing very advanced research. He did not want the land for the Old High School to be given away. He doubted the proposed project and its primary use. He felt there was corruption ongoing and an attempt to steal the building and the land from the City. He hoped they would not succeed. Ray Whitely, 7353 Palmdale Drive, was privileged to be part of a free basketball camp at the Hester Center. There were 70 students who were taught basketball fundamentals, life skills including the Six Pillars of Character, Importance of a Firm Handshake and ways to bury violence including not being silent when witnessing crimes. Students wrote 1,000 word essays on something they would change in their community and how it could be accomplished. Two Commissioners, a CRA member and Florida State Representative attended the event. The objective was to connect students with other people unrelated to basketball. Mr. Whitely thanked Joe Evans at the Hester Center for his assistance in changing the future of the youth. He thanked the City for its help too. It was hoped the program could be continued in July and include a program for young ladies. Commissioner Merker remarked it was a privilege to be there and the students were attentive in areas other than sports. The young need people, guidance, sharing and caring. The program was meaningful and he encouraged others to volunteer and help the cause. Mayor Taylor related he had personal experience that ladies play basketball too. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE A. Consider 1) Appointment of City Commissioner liaison to Boynton Beach Sister Cities Committee, and 2) Funding assistance in the amount of $741.25 for annual dues to the International Association ($680) and State filing fee ($61.25) Mayor Taylor inquired if there was a volunteer to be the liaison. Commissioner Fitzpatrick offered because there was a large Haitian community in his district. 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Consensus Mayor Taylor declared there was consensus for Commissioner Fitzpatrick to act as the liaison. Motion Commissioner Merker moved to approve the funding assistance in the amount of $741.25. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Golf Course Advisory Committee: 1 regular Historic Resource Preservation Board: 1 alternate Library Board: 1 regular and 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate Commissioner Merker tabled his regular appointment to the Arts Commission Motion Commissioner Fitzpatrick nominated Barbara Ready as an alternate on the Arts Commission Commissioner Casello seconded the motion. Commissioner Fitzpatrick discussed Ms. Ready was from District III and although she had widely divergent perceptions of past personalities and contributions to the City, she had served on the Arts Commission for seven years without controversy. Vote Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 The motion failed 2 -3 (Mayor Taylor, Vice Mayor Hay and Commissioner Casello dissenting). Vice Mayor Hay tabled the appointment of a regular member to the Code Compliance Board. There were no other applicants for the alternate position. Motion Mayor Taylor appointed Jack Ekelcheck as a regular member of the Golf Course Advisory Committee. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay appointed Barbara Wineberg as a regular member of the Library Board. Commissioner Merker 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 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R13 -047 - Approve CROM Engineering and Construction Services (CROM), the original engineer /builder of the City of Boynton Beach's water storage tanks, to conduct related repairs to the Elevated Storage Tank at the East Water Treatment Plant in accordance with Florida Administrative Code (F.A.C) requirements at an estimated expenditure of $48,570. Commissioner Merker had pulled the Item for discussion. He understood 15 years ago the same company had built the storage tank. His concern was the expenditure was not put out for bids. It is important that bids be obtained. Kofi Boateng, Utilities Director, responded the same company had built three other tanks and those would be put out to bid. The tank being repaired is one of a kind in the country and requires specialized engineering and construction methods. Embedded in Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 the tank are steel wires designed to support the structure. The American Water Works Association, the body with authority over water systems, recommended certified professional engineers be used, who are versed with the details of such tanks. CROM is the only company that has the required engineers. It was important to maintain and sustain the life of the tank for as long as possible. It would be a risk to have the tank down and lose continuity of service. Mayor Taylor understood the tank was one -of -kind in the United States with only one other in Canada. It has to be inspected every five years and it was found some of the internal lining had to be repaired, as well as tiny cracks on the outside. Motion Commissioner Merker moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. (1) Approve the list of top ranking qualifiers identified by the evaluation committee from the responses received to the Request for Qualifications RFQ No.: 029 - 2821- 13 /DJL for Hydrogeological Consulting Services, and (2) Authorize City staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. C. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2013/2014. The anticipated Community Development Block Grant allocation is $462,182. Mayor Taylor had pulled Item C in light of the $300,000 needed for the medium income homes in Ocean Breeze West. He inquired if any of the grant money could be allocated for those homes. Nancy Byrne, Director of Development, advised Habitat for Humanity had not applied for funding. The applicants recommended came through the public process and were reviewed by the Committee for funding. Ms. LaVerriere added she would be meeting with Mr. Campbell and staff to discuss any alternatives the City could do to assist. Mayor Taylor stressed it was important to get medium income homes in the project too. Vice Mayor Hay suggested the CRA Executive Director be included in those discussions. Motion Mayor Taylor moved to approve Item C. Commissioner Merker seconded the motion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R13 -048 - Amending five (5) existing fees and creating twelve (12) new fees under the Building Division fee schedule for building and construction related activities in the City of Boynton Beach, changes to become effective immediately. Commissioner Merker reiterated his prior concern that fees were being assessed without going out for bid. Andrew Mack, Building Official and City Engineer, commented the request was a staff initiated change. Commissioner Merker inquired about other entities that were consulted. He felt it should be an open discussion and not a simple yes or no answer. Ms. LaVerriere explained periodically the fees are reviewed. The objective is to have the fees cover the administrative costs to manage permitting, plan review and other administrative processes. It is cost recovery and not a profit- making endeavor. If more is collected than is needed, the monies would have to be refunded. A bid process is not utilized. The fees are compared to other cities; however, the main purpose was to ensure the City's costs are recovered. Commissioner Merker qualified his concerns, that the people be informed and it was adequately explained. Mayor Taylor added the garage sale permit fee would be eliminated. Vice Mayor Hay thought the item would merit discussion on its own rather than listed under Consent Agenda. The Commission was attempting to be transparent. It does impact many people and further discussion may be appropriate. Ms. LaVerriere indicated staff was prepared to discuss the changes. Commissioner Casello understood the concept of charging the fees. He inquired if the fee increases would discourage contractors from taking out permits, especially for small businesses. Mr. Mack remarked the proposed fees were either below or in line with other municipalities and county fees. He did not feel the contractors would feel the impact that much. Commissioner Casello questioned the removal of the need for a garage sale permit and the possibility of homeowners having constant or even continual garage sales from their front lawns. Ms. Byrne explained the restriction on garage sale permits. The process of coming to City Hall was being eliminated. The regulations restrict the number to two a year and it would be policed by the respective neighborhood. If it appears to be a business operated in the area, it can be reported to Code Compliance for an 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 investigation to be done. It can be reported to the Police Department which includes Code Enforcement personnel. There are also regulations in place relating to parking in the neighborhoods and signs. Commissioner Fitzpatrick was also concerned and understood the regulations limiting the sales to two a year were going to be deleted also. Mr. Byrne reported that had never been the intent. Mr. Mack clarified many of the fees that were added existed in the Code at various locations. The fees are listed as an economic development tool and listed in one place. Fees collected for the State and other departments are listed in the proposed comprehensive listing. They are fees for cost recovery and the current fees do not fully cover the expenses. All the fees are comparable or below, throughout the County. Vice Mayor Hay inquired if the $10 fee for garage sale permits was compared to other municipalities. Ms. Byrne admitted she had not reviewed all the municipalities' fees, but did look at those comparable in size to Boynton Beach. Only one municipality was charging a $10 fee. Another required a permit, but there was no cost recovery. The $10 fee included garage sale signs. Motion Vice Mayor Hay moved to approve Item D. Commissioner Casello seconded the motion. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R13 -049 - Amending Planning and Zoning Fee Schedule, changes to become effective immediately. Commissioner Merker repeated he wanted to ensure the public was aware of the changes and not simply a yes or no vote. Mike Rumpf, Planning and Zoning Director, pointed out the raising of fees was not the purpose of the changes. It was mostly the additional processes added to the fee schedule. It is changes, deletions and additions to the fees. The new fees connected with Historic Preservation are being included in the schedule and codified at this time. In some instances, the fees are changed because the new process requires less staff time. There are three minor review processes which have lower fees than currently collected. Commissioner Merker contended the fee schedule includes new fees that would represent an increase. Mr. Rumpf noted there were a couple instances that do indicate increases and some fees were combined under one category. Ti7 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Motion Commissioner Casello moved to approve Item E. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. F. Accept the written report to the Commission for purchases over $10,000 for the month of May 2013. G. Approve the minutes from the Regular City Commission meeting held on June 4, 2013 H. PROPOSED RESOLUTION NO. R13 -050 - Approve and ratify the Collective Bargaining Agreement for the Police Officers and Detectives unit of the Palm Beach County Police Benevolent Association and the City; PROPOSED RESOLUTION NO. R13 -051 - Approve and ratify the Collective Bargaining Agreement for the Police Sergeants unit of the Palm Beach County Police Benevolent Association and the City; PROPOSED RESOLUTION NO. R13 -052 - Approve and ratify the Collective Bargaining Agreement for the Police Lieutenants unit of the Palm Beach County Police Benevolent Association and the City I. PROPOSED REOSLUTION NO. R13 -054 — Approve contract for debris management services. (This item was added to the agenda.) 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R13 -053 - Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the Agreement. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. M Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Settlement of the David Floering demand for Special Election law suit. Motion Commissioner Casello moved to approve the settlement. Commissioner Fitzpatrick seconded the motion. Commissioner Merker remarked, if a person wants something, it does not mean the person warrants receiving what he wants. By voting yes it becomes an acknowledgement of doing something wrong as Mr. Floering asserted. If granted, there is another potential case that would be forthcoming. Commissioner Merker remarked the claimant was erratic and made no sense. He would not reward anyone that does not deserve one penny. Mayor Taylor explained the law suit originated when Mr. Floering thought the City should have appointed an open seat and the Charter used the word "shall" and the City did not comply. Some felt Mr. Floering was correct and there was an offer of settlement. The settlement covers the cost for filing. Commissioner Merker asserted the dictionary definition agrees with the Mayor's remarks. The King James Bible also agrees. There is a hesitation in Webster's definition and in Black's Law Dictionary contending it is an interpretation and not a fact. The judgment should be used, not definitively. Commissioner Merker found the definition of shall, by law, was questionable. Mayor Taylor noted there was an item relating to the definition of shall that could be voted on when it comes before the Commission. Commissioner Merker suggested the legality should be considered and the votes questioned. Motion Commissioner Casello moved to pass the settlement. Vice Mayor Hay seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 B. Approve negotiated settlement in case of Sylvia Negron v. City of Boynton Beach. Motion Commissioner Fitzpatrick moved to approve the settlement. Vice Mayor Hay seconded the motion. Commissioner Casello asked if the cited driver had to attend any driving classes after the accident. Ms. LaVerriere knew the officer was no longer employed with the City. Vote The motion passed unanimously. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13 -020 - FIRST READING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial /warehouse uses and parking regulations; 2) amend zoning matrix regarding theater, day care, manufacturer's representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff initiated. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner Fitzpatrick inquired if windmills would ever be considered for residential properties. Mr. Rumpf advised it was the next step in introducing wind energy systems into the City. Commissioner Fitzpatrick asked what the intent was for windmills being one foot per height and having it one foot back from the property line? He assumed it was included for safety if the windmill blew over. Mr. Rumpf concurred it was a fall zone. 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -014 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13- 002) reclassifying subject property from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX); and Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Commissioner Casello inquired if the project did not materialize, would the land revert to the original zoning. Hanna Matras, Senior Planner, noted the City could initiate a request for the property to be reverted to its original zoning. Ms. LaVerriere indicated it would take additional action of the Commission to make the change. Commissioner Merker had been consistently voting no. He felt there was a legitimate question on the voting. Whether it is a legislative matter or not, each Commissioner has to vote consistently among all three matters, the land use, zoning and site plan. Attorney Bridgeman advised the vote could be different. Mayor Taylor explained the immediate ordinance only reclassified the property from public to mixed -use. Attorney Bridgeman restated the votes could be different on each item. The order in which the matters are considered had to be consistent, but the individual votes can be different. Commissioner Merker had spoken with other lawyers and disagreed. Mayor Taylor opened the issue for public hearing. Dr. Piotr Blass, 113 W. Tara Lakes Drive, stressed it was a critical point. A yes vote would give the land away and he urged the Commission to vote no. The change is a sneaky way of changing the land use. The land should be kept for public and City use. If a University existed at the site, the City would own the property. Dr. Blass felt it was a dishonest move by the developer to back the City into a corner. Cliff Montross, 109 SW 18 Street, was totally opposed to giving away the property. It is the center of the municipal complex that residents have visited for years and part of the City's life and past. It must be worth millions. Revitalizing the center of Boynton Beach is a good idea, but the Police Department is being sent to Gateway Boulevard. He supported using the property for municipal purposes. If the developer cannot complete the project on his own, the City did not need him. The building has a sentimental history. 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Commissioner Casello acknowledged he had received a postcard from Mr. Montross and assured him the Kapok tree is very old and would be preserved as a center point of the design. Commissioner Fitzpatrick commented his main concern was the way the land was being turned over to include the walkway between City Hall and the Civic Center and the City would lose ownership. He wanted his support to be predicated on the point, but the developer and project would have to start over. It would change the footprint of the land for purposes of financing also. He would continue to support the project since it was too late to make changes. For the benefit of Commissioner Merker, Commissioner Fitzpatrick again explained his concerns with the walkway on the north half of the property. At this point, if the change was made, everything would have to be re- written. Commissioner Merker noted he agreed with previous remarks that the addition on the east side of the building would distort the beauty of the Children's Schoolhouse Museum. To be consistent, the vote on the item should be no. Mayor Taylor emphasized the argument would be better made with the next Ordinance. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). PROPOSED ORDINANCE NO 13 -015 - SECOND READING - PUBLIC HEARING - Approve The Boynton High School Commercial Center (LUAR 13- 002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -L1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City- initiated. Motion Commissioner Fitzpatrick moved to approve. Vice Mayor Hay seconded the motion. Mayor Taylor had a problem because approval would give away the land under the Old High School that is valued at approximately $463,000. With the proposed extensions to the building, it would almost double the footprint of the school and give away twice as much land. He agreed the no -build easement destroys the outlook for the Children's Schoolhouse Museum. Mayor Taylor inquired of Mr. Contin if he agreed with all 37 conditions of approval and Mr. Contin replied he did. Mayor Taylor noted the electrical power for the Museum originates from the transformer at the Old High School. To re -route the power line, it I& Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 would have to go underground and the building cannot cover the lines. Mayor Taylor inquired if Mr. Contin had an estimate of the cost for the power. Mr. Contin had spoken to Florida Power & Light and it was thought the wiring could be done overhead and that would be the best solution. Mayor Taylor thought the wiring should be kept underground. He speculated the cost involved would be approximately $100,000. Mayor Taylor asked for an update on the financing. Mr. Contin advised they were in the final stretch. Attorney Cherof's office had contacted Mr. Contin's attorney and would be giving a full update this week. Mr. Contin asserted there would be a solution very shortly. He did not want to offer any figures as they were in the final stages of negotiations and it was sensitive. Commissioner Merker emphasized he heard questions, but no answers. The entire project is hypothetical, based on the hope and prayer the money would be there. There was a request for a vote without an offer of any factual data. The idea that the Museum would be denigrated or changed as proposed was not acceptable. The City would be giving valuable property away. There are no definite plans and he could not support the requests without any facts. Mayor Taylor added by approving the change it would cost the City $60,000 of the developer's permit fees and with the proposed plans it would increase to $120,000. Commissioner Casello shared the concerns relating to giving the land away. He was more concerned about the power lines. Overhead power lines were not an acceptable solution. He would not support the project with the power lines going overhead. Commissioner Merker did not understand how a vote could be taken on a project that has so many unanswered questions. The suggestion of overhead power lines is unacceptable and the extra costs have to be factored into the financing. The developer was not providing facts, rather stating hope Commissioner Fitzpatrick agreed the land was a give away. His position was if you do not give the land away what would happen to the property. There are many constituents who want to see it preserved and if not done this way with private money, then public funding would be sought. There are other projects proposed that will require bond money and the Old High School would then be added to that debt. He preferred giving away the land and preserve the potential bond money for other issues. Vice Mayor Hay agreed with Commissioner Fitzpatrick and wanted to be sure Mr. Contin understood the cost and financing would be addressed next month. He hoped the project remained on track as agreed. If not, it would be a "show- stopper" for Vice Mayor Hay. He would continue to support the project until that point. "rei Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Mayor Taylor reiterated a vote in favor of the project would be saddling the City to pay $120,000 of taxpayer money to pay the developer's permit fees. It would be setting a precedent for the City to pay permit fees for developers. Mayor Taylor opened the issue for public hearing. David Katz, 67 Midwood Lane, did not feel there was anything to save. Anyone who went to the school has not made any contribution to the fund. The best solution is to save the facade and build a new City Hall at the site and let a commercial developer take over the current site of City Hall. Mr. Katz did not believe Mr. Contin was a developer because he does not know about fees or financing. Mr. Katz serves on the Planning and Development Board and was the lone dissenting vote on the requests. Mr. Contin was able to give $4,600 to a congressional campaign, but needs the City to pay $120,000 in fees that is taxpayer money. If he wants to develop the site, he should incur all the costs. Mr. Katz noted the City had several destination points in the City and the current plans for the Old High School would not constitute another destination point by any stretch of the imagination. It will denigrate the Schoolhouse Museum. The gazebo would be torn down and plaza and walkway changed. Mr. Katz contended it was time to put an end to the project because it would not benefit the City. Charles Kanter, 2905 S. Greenleaf Circle, stressed the City should not lose or give away any land. The only real wealth in the world is owning property. It could be leased for 99 years with an option to renew to retain control. Boynton Beach has given away property that it now regrets. He strenuously urged the Commission to not give any land away. Cliff Montross, 109 SW 18 Street, questioned if the project failed after a few years, Mr. Contin could sell the land since he would own it and could the City be reimbursed for the value of the land at the time. Mayor Taylor indicated if he failed to build the project the property would revert to the City. Mr. Montross surmised Mr. Contin could sell the property a year later for a couple million and the City would get nothing. Vice Mayor Hay disagreed and asked for clarification. Ms. LaVerriere noted there were deadlines and requirements in the purchase and sale agreement. If the deadlines are not met the City can file for breach of contract. On July 10 the financing had to be secured and October 7 th the permits had to be pulled and construction began. January 20, 2015 is the completion date. After the 2015 date the property could be sold by Mr. Contin Mr Montross alleged the property was worth a great deal of money and if Mr. Contin owns the land, he can tear the building down and profit. He hoped the Commission could see the light. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Mark Karageorge, 240A Main Boulevard, was disturbed about the glass additions and did not see how they could enhance the historic integrity. The entrance to the Children's Schoolhouse Museum would be drastically changed after the City had invested many years to the Museum and received many dividends. It has gotten national attention and recognition. There are names of families in the bricks and tiles that have been part of the City since the start that would be destroyed. Mr. Karageorge stressed, if permit fees were being paid for one developer, it would be a precedent for all other developers to ask for the same incentive. He wanted to see the historical integrity preserved like other historic sites in Palm Beach County and the added cubes would detract from the architectural integrity of the structure. He understood adding more square footage gets more dollars. The financial aspects should have been determined before all the other changes were initiated. Dr. Piotr Blass, 113 W. Tara Lakes Drive, reiterated he would rather have the City preserve the full ownership of the land and building. He supported the use being the University of Boynton with its own Police Department at the site. He agreed with Commissioner Merker that the project has expanded until it is grotesque. Dr. Blass suggested there may be some corruption involved to keep the project moving forward. If the project is not terminated Dr. Blass intended to ask the courts for an injunction so nothing bad happens. No one else coming forward, Mayor Taylor closed public audience. Commissioner Merker admired Mr. Karageorge's remarks and deliverance. He contended the remarks from the Commission sounded like panic with the stagnation of the project or proceed with a project that could have long range affects. There are no actual facts or data that represent a positive direction for the project. The developer has not provided any answers and is not sure if the property will be owned or leased. Vote City Clerk Prainito called the roll. The vote was 1 -4 (Mayor Taylor, Vice Mayor Hay, Commissioners Merker and Casello). C. Approve Major Site Plan Modification for building renovations, site improvements and construction of two (2), two -story, 3,150 square foot additions to an existing 31,234 square foot building for a total of 37,534 square feet, on a 1.95 -acre parcel proposed to be rezoned MU -L1 (Mixed Use -Low 1). Applicant: Juan Contin, Boynton Old School Partnership LLC. Motion Commissioner Fitzpatrick moved to approve the Site Plan. Vice Mayor Hay seconded the motion. 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor noted all previous remarks relate to the Site Plan also. Ms. Byrne was unsure how a Site Plan can be approved without the zoning being approved. A motion should be made on the item. Motion Vice Mayor moved to approve the Major Site Plan Modification for building renovations. Commissioner Fitzpatrick seconded the motion for discussion. Commissioner Fitzpatrick did not understand why a vote was needed and inquired if the item should simply be pulled from the agenda. Ms. Byrne indicated it was still a site plan before the Commission. The previous action taken was approval of the land use and denied the zoning. The current item is the site plan. Attorney Bridgeman advised the Major Site Plan cannot be approved without the zoning. However, the item on the agenda had to be addressed. Vote City Clerk Prainito called the roll. The vote was 0 -5 (Mayor Taylor, Vice Mayor Hay, Commissioners Merker, Fitzpatrick and Casello dissenting). 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consider renaming Ocean Avenue Park - per request of Commissioner Casello Commissioner Casello recalled in 2012 there had been discussion about renaming of Veterans Park to Ocean Avenue Park. At the time the Commission was in turmoil and deadlock. There was a recommendation at the time to have the Park named Dewey Park from the CRA, Recreation and Parks Board and Veterans Commission. 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Commissioner Casello felt it was imperative to recognize some of Boynton Beach's most important founding citizens. Dr. Ginger Pedersen gave a brief presentation on why the Park should be renamed to Dewey Park. Dr. Pedersen's presentation indicated the Deweys first arrived in the area in 1887 and initially came to the West Palm Beach area. Mrs. Dewey was a noted writer and grandniece of President Zachery Taylor and her husband was a cousin of Admiral Dewey In 1892 Mrs. Dewey purchased the land known as Boynton Beach for $700 for 160 acres. She retained the property for three years until William Linton and Major Boynton arrived in the area and Mr. Linton offered her $6,000 for the same land and then sold lots. The purchase was made under a contract with the mortgage held by Mrs. Dewey The property was placed in foreclosure for breach of the contract and the Deweys received all the land back. Once the money was received, the Deweys made good deeds to the people of Boynton without any payment for the land. The Deweys also started the first library at the local post office. They donated lots so some of the streets would be shell rocked to eliminate dirt roads. Mr. Dewey asked for the first school for Boynton Beach. He foresaw the land to the west of town being drained and would be profitable to grow crops. He was in favor of the drainage scheme that resulted in the prosperity seen even today. Mrs. Dewey wrote the first best seller from Palm Beach County. Commissioner Casello felt naming the Park, Dewey Park, would be the least that could be done for the Dewey family. Vice Mayor Hay had mixed emotions because the name had recently been changed to assist in the long -term goals and objectives. A citizen, Mr. Pierce, paid to have the sign made to reflect the name change. There was a message sent by the City it was trying to engage citizens to help the City and changing the name would contradict the concept. There are probably other projects that could be named in memory of the Deweys that would be more significant. It could be perceived as an insult to Mr. Pierce. Commissioner Fitzpatrick agreed with Vice Mayor Hay's sentiments, but pointed out recognition for the number of hours spent researching the history of Boynton Beach would have to go to Janet DeVries and Dr. Pedersen. He was willing to vote for the change based on the hours that have been spent studying the history. This would be a reward for those efforts. It is a short distance from their original house. Commissioner Merker agreed with both opinions. He suggested tabling the matter to have more time to think about a dramatic change. Motion Commissioner Merker moved to table the matter to give it more thought. Vice Mayor Hay seconded the motion. FM Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Commissioner Casello noted it was a park and people did not visit a destination because of the name. They go for the history of the location. Dr. Pedersen has offered to pay for the new signage so there would be no expense to honor the family. Tabling it would be foolish. It is an opportunity to make a wrong, right. Commissioner Merker understood his passion, but wanted to table the matter because the information had just been presented. His decision at this point would be foolhardy. Commissioner Casello emphasized it was only a name change. Vice Mayor Hay had no objection to the name for the Park. His concern involved the message being sent that citizen involvement was being minimized. It is possible Mr. Pierce may have no objection to the change and he would still make the contribution. Vice Mayor Hay continued to assert the matter should be tabled for further reflection. Commissioner Casello noted if the former Commission had taken the recommendation earlier, the current issue would be moot. Vote The motion failed 2 -3 (Mayor Taylor, Commissioners Fitzpatrick and Casello dissenting). Mayor Taylor offered it was important to honor those who founded the City of Boynton Beach, but was torn with the issue of Mr. Pierce's contribution. If the name is approved, there should be plaque explaining the Dewey's contribution. Motion Commissioner Casello moved to rename the Ocean Avenue Park to Dewey Park. Commissioner Fitzpatrick seconded the motion. Vice Mayor Hay asked if there would be legal ramifications. Attorney Bridgeman advised it was Mr. Pierce's choice to donate the money. Commissioner Casello asked if the monies could be refunded. Vote The motion passed 3 -2 (Vice Mayor Hay and Commissioner Merker dissenting). Commissioner Merker remarked he did not feel there was time for thought before making a decision. He thought it was unfair to Mr. Pierce, yet the history was important. 21 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Motion Vice Mayor Hay moved to reimburse Mr. Pierce if he would accept it. Commissioner Casello seconded the motion. Commissioner Merker again related his dislike of offering Mr. Pierce his money back before he was consulted. He offered the money with honor. Commissioner Casello pointed out the park was not named Pierce Park. It was money for a sign. Vote The motion passed 4 -1 (Commissioner Merker dissenting).. B. Discuss the potential of conducting City Commission Workshops - per the request of Commissioner Merker Commissioner Merker advocated the addition of two workshop sessions. Open dialogue prior to the actual meeting would allow time for contemplation. It could be open to the public without allowing for public input. Motion Commissioner Merker moved to have workshop sessions to discuss issues. Mayor Taylor passed the gavel and seconded the motion for comment. Mayor Taylor suggested the workshops be held as needed. Vice Mayor Hay supported that distinction. There would be agreement when a workshop is needed as it is now. Commissioner Casello seconded Mayor Taylor's suggestions. Commissioner Fitzpatrick added business hours would be a better time so staff is available to provide backup. He would support having workshops if they were held during the day. Mayor Taylor agreed and accepted the amendment to his motion. Commissioner Casello accepted the change. Commissioner Merker wanted clarification if there would be dates set each month for workshop sessions. Vice Mayor Hay responded the workshops would be as needed, during the day. Commissioner Merker felt the motion as submitted would not define for the residents of Boynton Beach the need and responsibility of the Commission to have discussion on issues regularly to cast informed votes. 22 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Vote The motion passed 4 -1 (Commissioner Merker dissenting). Commissioner Fitzpatrick raised a point of order that the vote should simply be yes or no without further discussion. Mayor Taylor agreed. 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -016 - SECOND READING - PUBLIC HEARING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. Attorney Bridgeman read Proposed Ordinance No 13 -016 by title only on second reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -016. Commissioner Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -017 - SECOND READING - PUBLIC HEARING - Approve an Ordinance removing unnecessary language on voting by board members Attorney Bridgeman read Proposed Ordinance No. 13 -017 by title only on second reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -017. Commissioner Casello seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. 23 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 13 -018 - SECOND READING - PUBLIC HEARING - Approve an Ordinance regarding rules of construction Attorney Bridgeman read Proposed Ordinance No. 13 -018 by title only on second reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -018. Commissioner Casello seconded the motion. Commissioner Merker questioned if the emphatic word will or shall that is questionable should be used. He had a problem with using the word shall based on various sources of the definition and the legal ramifications. Vice Mayor Hay responded the definition would be whatever was voted on at this time. Commissioner Merker commented Vice Mayor Hay must be the lawyer, judge and God that knows all. Commissioner Merker preferred the law and the interpretation that shall is not an emphatic yes or no. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). D. PROPOSED ORDINANCE NO. 13 -019 - SECOND READING - PUBLIC HEARING - Approve Ordinance establishing the City's local hearing process for Red Light Camera citations Attorney Bridgeman read Proposed Ordinance No. 13 -019 by title only on second reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -019. Commissioner Merker seconded the motion. Commissioner Casello understood the provision requires the municipality to hear its own red light camera violations. Mayor Taylor indicated the State had passed a law that 24 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 there has to be an Ordinance in place before July 1" and after that there would have to be a magistrate appointed to hear cases relating to red light camera violations. Commissioner Casello would support the request; however, before any further red lights are installed, the contract should be renegotiated to have the vendor absorbing some of the administrative costs. The municipality should not take on all the expense when the vendor profits too. Vice Mayor Hay agreed. Ms. LaVerriere advised the impact had not yet been determined. The vendor would be brought back to the table once the impact and personnel costs have been established. The contract would have to be amended and brought back before the Commission. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 13 -021 - FIRST READING - Approve Section, 10 -32: Disaster - Generated Debris Removal Management Plan; Authority, Priorities and Limitations. Attorney Bridgeman read Proposed Ordinance No. 13 -021 by title only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -021. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. F. PROPOSED ORDINANCE NO. 13 -022 - FIRST READING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13 -4, Classification and Fee Schedule to provide for a five percent (5 %) increase in Business Tax fees Attorney Bridgeman read Proposed Ordinance No. 13 -022 by title only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -022 Commissioner Merker seconded the motion. Commissioner Casello understood the increase could result in $65,000 in additional revenue. He wanted to change the wording so that a portion of the fee would, rather 25 Meeting Minutes Regular City Commission Bovnton Beach, FL June 18, 2013 than could, be returned to the business community in the form of a percentage of what was collected It was important to promote and assist small businesses. Mayor Taylor asked if the increase was to help cover the costs. Ms. Byrne responded the increase is allowed by State statute up to 5% every two years. It has not been done for some time. Using some of the monies to be allocated for economic development would be a viable use of the tax. Mayor Taylor noted the last increase was seven years ago. He was not in favor of turning it back to the business owners. He preferred the submitted language. Vote City Clerk Prainito called the roll. The vote was 5 -0. Ms. LaVerriere added the monies would assist to offset potential programs directed at economic development. It is actively being discussed and would be provided during the budget workshops. G. PROPOSED ORDINANCE NO. 13 -023 - FIRST READING - Approving a one - year suspension of Garage Sale Permit requirement Attorney Bridgeman read Proposed Ordinance No. 13 -023 by title only on first reading. Motion Commissioner Fitzpatrick moved to approve Proposed Ordinance No. 13 -023. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 p.m , Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library B. Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 C. Presentation of Legislative Update by State Representative Bill Hager District 89 - 07/02/13 26 Meeting Minutes Regular City Commission Boynton Beach, FL June 18, 2013 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:54 p.m. CITY OF BOYN_ O ACH J T ylor 'Mayor Woodrow L. Hay, V' a Mayor David T. M ker, Commissione 4 �;A IV ichae M. F patrick, 06mmissioner ke: Joe Casello, Commissioner ATTEST: P- Jan t M. Prainito, MMC y Clerk Judith A. Pyle, C 'Deputy City CleP 27 • i Y J 0 0 010101 I %ON w--ROJECT NAME: Boynton Old School Commercial Center (MSPM 13-001) 2110 0 1111 ill! 1 If W, Will Me, iron 1"1T-3 0=1 11 . -11- 0 AGENT'S ADDRESS: 826 S. Federal Highway, Lake Worth, FL 33460 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2013 TYPE OF APPROVAL SOUGHT: Major Site Plan Modification for building renovations, site improvements and construction • two (2) 3,150 square foot additions to an existing 31,234 square foot building for a total of 37,534 square feet, • a 1.95 acre parcel proposed to be rezoned MU-L1 (Mixed Use Low 1). 1111 reTeffidire'"k reffiff.—M-TaTt—MEI , 11 2. The Applicant HAS HAS NOT 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED i ll f. All further development • the property shall be made in accordance with the terma and conditions • this order. 7. Other DATED: [� 1 1 A F7 >� 'VA F7 7m RA OCE V F7 7m RA OCE V 10, on is ®ice I E�AmlE3Fmmllm=llm I Kpi Cl 4 1 z 0 Ifi f il i; - Z 111 o. Kpi Cl 4 1 z 0 Ifi f il i; - Z 111 F! 11 � c xe apijz z 4 $ qqyy i A x f r y tl • BB p/yy � c xe apijz qqyy i A x f y tl • p/yy Ca v PA 01 Dial M, ge m e mm m. >N>>>>>> 11 v & is ��' `= a GO 0 3 z z 2 r3 0 I Mit jj z z 2 2 2 >N>>>>>> 11 v & is ��' `= a GO 0 r3 0 I Mit jj I 0 XT 3 x z z 4 (( }\ � 4 - R l 13 13 Z Z m - 1 r z 13 '17 T if AAA Tif '\ »��� \ \ \�2 y Q Bne 51 I REF Az '21[Z"Ja EXHIBIT "C" • BUU Project Name: Boynton Old School Commercial Center File number: MSPM 13 -001 Reference: 3` review plans identified as a Maior Site Plan Modification with an April 30 2013 Planning and Zoning Department date stamp marking_ DEPARTMENTS 1. Proposed sidewalk on Ocean Avenue shall include curb and X gutter to match existing. Also verify that adequate drainage is being provided. 2. The Ocean Avenue driveway shall be narrowed to minimize X the potential for improper movements by vehicles. 3. Access and utility easement for existing path and lighting X along the east side of the building shall fully include all areas. 4. Place a note on Sheet SP -01 that the Developer shall salvage X all paver bricks and stones not restored to their original place or reused on site, and deliver them to the City. 5. On Sheet SP -01 (Colored Sheet), please revise drawing title X name to LA -01, show the proposed and existing utilities lines, and note that canopy trees are not allowed within any utilities easement, only palm trees. 6. Please provide easements for proposed /existing art pads. X Easement shall be of sufficient size to provide access from ROW and allow for the installation of art. 7. Please angle egress access to Seacrest Boulevard to prevent X inbound turns. 8. Add a note to the plans that existing infrastructure, fiber X optics, existing power source for the electrical service to the Children's museum, and/or existing electrical lines will require access easements meeting the City's requirements or shall be relocated at Developer's expense. 9. Extend water main to make connection of missing segment X along Ocean Avenue in front of the site. 10. Safe public access to the site is critical. Therefore, at the X time of construction permitting, the developer's engineer of record shall provide a detailed design analysis of traffic access to the public rights -of -way based upon the developer's traffic engineer's allocation of generated traffic to the access driveways. All access driveways, and any required off site improvements, shall be designed in conformance with standards promulgated by the relevant permitting agency, either the City of Boynton Beach or Palm Beach County. 11. The only area on the site allowed to utilize Floritam (sod) X Boynton Old School Commercial Center MSPM 13 -001 Conditions of Approval L OT 5 IkiMIRI m2# 1119 would be the active / passive area immediately west of the building. All other areas shown on the drawings not designed as plaza space shall be planted with approved ground cover materials. 12. The landscape sheet shade tree planting detail should X include a line indicating where the diameter and height of all trees will be measured at time of planting and inspection. The landscape sheet shrub and groundcover planting detail should include a line indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. All shrubs and groundcover p lants should have a height and spread dimension. 13. The area under the large Kapok tree needs to be clear to the X drip edge, with no improvements, to ensure no adverse impact to the roots or health of the tree. 14. Place a note on the Landscape Plan indicating that existing X irrigation around the Children's Schoolhouse Museum has zones which are on the east side of this Old High school property and would need to be separated out at the developer's expense. 15. Eliminate hedge landscaping on the eastern side so as to not X separate the Children's Schoolhouse Museum so much from the Old high school so that the areas flow /interact between the two sites. Use of meandering planting beds of a wide variety of plants would add more interest. 16. On Sheet LA -3 - change Island ficus (ficus microcarpa) to X native Indian Hawthorne (Rhaphiole is indica). 17. Hedge lines are to have more variety either by curving and or X more species of plant material for added interest. Comments: Comments: 20. The developer shall comply with 2010 FBC for exterior wall I X openings, exterior wall construction, and required fire f Boynton Old School Commercial Center MSPM 13-001 Conditions of Approval Paqe 3 of 5 P14:7-11 A C940W, 11,1 1 15411111 T MW*FJXWI separation distance between structures or obtain a fully executed and recorded "No Build Easement" adjacent to the proposed eastern building addition prior to the issuance of any permits. 21. The property line shall be clearly identified on the survey sheets numbered L-1846-A, L-1846-B, and also on Sheet SP- 01. 22. The proposed no-build easement is not clearly identified on site plan SP-01. Clearly identify the location of the no-build easement and show all the associated dimensions • all sections of the easement and the distance from adjacent DrOlDertv lines. Comments: K4 Boynton Old School Commercial Center IVISPIVI 13-001 Conditions of Approval Page 4 of 5 DEPARTMENTS plans immediately south of the easternmost building addition, as shown. The siting of the art pads are volunteer contributions by the developer to the Boynton Old School Center project that will offer inclusion to the yearly Avenue of the Arts program but are not to be considered as meeting the .............. requirements of the Public Ordinance. 28. At time of permit application, correct the existing and proposed Future Land Use (FLU) map designations and zoning on the Site Data Table. 29. The Site Data Table lists the total building area as 37,534 square feet. The total floor area calculated when adding the figures provided in the floor plans totals 28,654 square feet. Please provide the calculation used for the floor area as shown in the Site Data Table and ensure the floor areas on all plans are consistent. 30. The proposed construction i;f the running east/west on the south side of the north parking lot is depicted to be placed where two (2) trees are noted to remain in place. Please remove the trees and mitigate them on site. 31. Please reduce the length of the landscape buffer strips along Ocean Avenue to provide a less obstructed pedestrian flow onto the site. 32. Please indicate the provision of a widened paver sidewalk (eight (8) feet in width and drawn to scale) on Ocean Avenue, along the length of the site, in conformance with the vision for the redevelopment of Ocean Avenue. 33. The landscape code requires screening of the parking lot along Seacrest Boulevard in the north parking area. Please revise the landscape plans accordingly,_ W-19111FAIGO IIIL7-JR*]E@I;QII III oil 4 0 z 1I1[7-AWRI;W idiom 41PIN Boynton Old School Commercial Center MSPM 13-001 Conditions of Approval iMol &I 11 37. All items resolved. I 1 11 Comments: To be determined. Culx4v-�� S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\ MSPM 13-001\COA.doc