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Minutes 09-03-14MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 3, 2014 AT 6:30 P.M. Fa0*14al qerry Taylor, ffjaipx--- Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissionef Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A. Call to order - Mayor Jerry Taylor B. Invocation by Commissioner Merker C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Commissioner Merker and Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag. Mayor Taylor commented the story related by Commissioner Merker was written in the 18 century by Mary Bacon and also known as the Soldier's Bible or Almanack. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Meti ©n Commissioner McCray moved to approve the agenda. Vice Mayor Casello seconded the motion. =1001M 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Mayor Taylor recalled there had been a request to table the High Ridge matters. Ms. LaVerriere confirmed Mr. Weir had contacted the Development Department and asked for a continuance to October 7 th to meet with the County on the traffic analysis. The items were 9.F and 9.G. Vice Mayor Casello asserted the matter had been delayed once and the matter should go forward. There were several individuals present from the neighborhood. Commissioner Merker understood the concerns of the area residents; however, the City needs development. Out of respect for the business community, he felt the matter should be tabled to be discussed at the developer's request. Commissioner McCray did not want the matter tabled again. He was in favor of hearing from the citizens, but would not want to make a decision until the Palm Beach County analysis was completed. Mayor Taylor contended the citizens were given the opportunity to speak previously before the matter was tabled. Once a matter is tabled there can be no further discussion. Commissioner Fitzpatrick took the position it was the developer's project and the developer should decide when it is brought back before the Commission. Commissioner Fitzpatrick favored tabling the matters. Vice Mayor Casello contended the scope of the project requires the developer to have all the information available. The matter had previously gone before the Planning and Development Board, staff report prepared and recommendation submitted. He felt the matter should be heard and it would be unfair to allow the uncertainty to continue for the residents. Brian Cheguis, Principal Planner with Cotleur and Hearing, asserted it was vital to hear the comments of the community, assemble the traffic analysis data and get additional information to address the concerns of the advisory board, staff and the citizens. The extra time was needed because the analysis could not be done until school started. There were timing issues and the attempt was being made to address all the concerns of the neighbors. He requested a month continuance. Vice Mayor Casello inquired why the information had not been gathered in advance of the matter corning before the Commission. It was only after the neighborhoods asked the questions, did the developer attempt to do a traffic study. Mr. Cheguis asserted a traffic study was done that did not reveal the issues raised by the citizens and the advisory board. The on- the - ground feedback was needed to compile the analysis to address the issues. The traffic study obtained does not show any problems and was vetted through Palm Beach County and approved by the City of 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA :3 1 Boynton Beach. The citizens' complaints were not identified by the paid professionals. The new data was obtained after school started and the situation normalized. It was a timing issue. Vice Mayor Casello reiterated his initial concern that the traffic issues should have been addressed far in advance of the matter coming before the Commission. Mr. Cheguis argued the applicant was attempting to answer the questions raised by the neighbors. Vice Mayor Casello inquired if the applicant had attempted to find out the concerns of the residents before submitting the plans. Mr. Cheguis asserted none of the analysis and data obtained revealed any of the problems or issues raised by the community. There would be no adverse impact. The plans were vetted by staff and approved by staff. The owners were committed to use their resources to uncover the concerns. Commissioner Merker asserted communication was the main issue. Although he initially rejected the plans, a developer was willing to come into the City with a project that has a potential to be good for the City and citizens. Both sides have to be respected and heard and understood. Mayor Taylor had heard the concerns and complaints of the citizens and he was ready to move forward with the requests. Commissioner McCray wanted to be fair with the developer and the citizens. Giving the developer more time and trying to represent the interests of the entire City, he wanted to have all the facts and data before making a decision. ► =.- Commissioner McCray moved to table the matter. Commissioner Merker seconded the motion, Vote The motion passed 3-2 (Mayor Taylor and Vice Mayor Casello dissenting). Mayor Taylor announced the matter would be heard on October 7, 2014. It was explained there could be no further discussion of the matter because it had been tabled. The date of October 7 th for public comment on the matter was emphasized. 11191vlzalkn (OW1 P3 P101vr-ml ar-INKLO V-1 lie V WRWZI I a 1r472 ZT441ETICIFT, 9 7 ,1 lum I :19yd 0 1 Im 0 1 2 Ike] Vote The motion passed unanimously. A. Conduct First Budget Public Hearing for FY 2014/2015 Proposed Annual Operating Budget. Attorney Cherof explained the budget process, this being the first of two public hearings to be conducted to discuss the millage rate for the next fiscal year and the budget for the upcoming fiscal year. The public would have the opportunity to ask questions about the proposed millage rate and the proposed budget and staff would respond to specific questions. General comments about the budget could also be made. PROPOSED RESOLUTION NO. R14-077 - Adopt the proposed millage rate f671 a 'the General Fund for Fiscal Year 2014-2015. E The first resolution establishes the tentative millage rate. Tim Howard, Director of Finance gave an overview of the proposed budget. The total budget is $186.3 rnillion for all funds. The General Fund comprises $72.5 million, which is 39% of the total funds. Since the July public workshops, three firefighter positions were reinstated as of July that had been covered by a grant. Another grant was not awarded to the City and that amount was deducted from the Fire Department's budget, The health insurance expense was finalized that was anticipated to be a 15% increase; however, there was no increase saving the City $990,000 with $712,000 being a General Fund expenditure. The portion of the total budget for the various funds was reviewed. General Fund covers $72.5 million, Utilities at $40 million, Capital at $36 million and Solid Waste at $12.1 million with miscellaneous smaller funds. The funding sources included water, sewer and utility fees at $40 million or 22% of the overall budget. Property taxes generate $27.1 million and capital and bond sources add $36 million. Other transfers complete the funding at $186 million The major variables from the current year was a $1.2 million increase, that includes increased funding for the Schoolhouse Museum and the increase in ground 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 maintenance was an additional $300,000 totaling $1.4 million, well over the $1.2 million increase. The budget was broken down by department with the percent of increase or decrease from the current fiscal year. The current budget is $71.2 million and the proposed budget is 72.5 million for a 1.8% increase. The major, proposed revenue changes include the tax rate remaining at 7.9 mills and property taxes will increase due to the increase in property values. The amount of revenue to the CRA increased because the values increased in the CRA area. The Fire Assessment is proposed to increase by $12 a year to $100 for an additional $565,000. The certificate of use program would be phased in starting July 1' that should result in $250,000 in revenues. There is an anticipated increase in State revenue sharing and sales tax revenue. There is a request for a change in the fee structure for ALS billing that should bring in additional $200,000. Some transfers are changing such as traffic safety was budgeted at $250,000 for the current year and next year there is no transfer anticipated into the General Fund. There is an Ordinance proposed to increase the fees for residential and multifamily units to capture an increase in the transfer from the Solid Waste Fund to $4.5 million from $4 million. The result of all the changes is the monies to be obtained from the reserve fund decreased to $461,356, opposed to the amount slated of $1.4 million. The budget is closer to current revenues paying current expenses. The proposed revenues include the property taxes, levies and the millage stays at 7.9 mills. The net tax dollars will be $27.1 million with intergovernmental fund transfers, licenses and permits, all contributing to the total General Fund. A comparison of the fund balances over several years was displayed with the impact on the emergency reserves. $7.3 million is required to be set aside from the proposed budget for the emergency reserve. A fund balance was anticipated of $9.3 million after this year. The property tax revenues were charted with the high at $32.3 million and then dropping with the property value decline and now turning upward. The proposed tax levy versus the roll back rate, being the millage rate based on the current property values to result in the same tax revenue as the current year. With property values increasing, the roll back rate would be 7.4664 mills. If the roll back rate was adopted, expenses would have to be decreased by $1.5 million or find additional revenue of $1.5 million. The assessed value, City wide, in 2008109 was $5.6 billion. The current year was $3.9 billion and the proposed value for 2014 would increase to $4.2 billion. The result is an increase of 7% over the current year. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 The TRIM (Truth In Millage) Act dictates reporting the ad valorem taxes is 7.9 mills with the actual tax increase being 5.81 % based on the calculation of a roll back rate of 7.4664. In July, the tentative millage rate was approved at 7.9 mills. The estimated number of properties in the City of Boynton Beach that pay under $200 in property taxes was 29.2% and has dropped to 25.9%. Commissioner McCray inquired if the presentation would be available to the public, Mr. Howard advised there were copies available and it would be added to the website. Ms. LaVerriere interjected the adopted budget would be posted online, Commissioner McCray noted, although the City lost money on the grants for the Fire Department, there was a savings on the medical expenses of $990,000. Mr. Howard pointed out the Fire Department would be reapplying for the grant monies next year. Mayor Taylor opened the issue for public hearing. Victoria Castello, 406 S. Seacrest Boulevard, complained the budget information was not available online. Mr. Howard explained where the information could be found and that the data has been available since July. Dr. Piotr Blass, 113 W. Tara Lakes Drive, discovered if a homeowner was over 65 years old and resided in their property over 25 years, the municipality could reduce the taxes. There is a sizeable population that could benefit. Mr. Howard understood the State of Florida allows jurisdictions to pass ordinances to give additional exemptions. He would forward the information to the City Manager's office and the Commission. Commissioner Fitzpatrick confirmed the net property tax revenue was $27 million plus. He wanted to know the year when the revenue was comparable to the current amount. Ms. LaVerriere directed him to a chart that reflected it was comparable in 2008/09. Commissioner Fitzpatrick asked where the $100,000 was budgeted for the 4.8 acres around Lake Ida. Commissioner McCray asked if the funds could be obtained from the parks impact fees. Ms. LaVerriere replied there was park impact fee fund to be used for park improvements or planning. There is balance of $585,000 with $250,000 to $300,000 encumbered for projects. The budget could be adjusted for the $100,000 and the funds pulled from the fund balance or reserves. The money could also come from the capital improvement fund that would stall or delete other capital scheduled capital projects. Commissioner McCray agreed the money should come from the park impact fees. Mayor Taylor did not want the money to be deducted from the reserves, rather build the reserve. Commissioner Merker agreed with the Mayor. He did ask if there was money available to maintain all the parks and add another property. Ms. LaVerriere indicated the proposed site would be a native site that would be kept as a passive property for 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3,2014 potential future use. There would be minimal cost to maintain the site since there is no access. Any development of the area would have to be budgeted. It is a struggle to maintain the existing parks and there are insufficient monies. He did not agree with acquiring more sites if the current parks were not fully funded and maintained. Commissioner McCray disagreed with Commissioner Merker and contended the park should be obtained if available for future growth. Vice Mayor Casello moved to have the monies set aside for the purchase of the site out of the park impact fee fund. Commissioner McCray seconded the motion. The motion passed 4-1 (Commissioner Merker dissenting). Ms. LaVerriere noted any sale would be subject to County Commission approval and a purchase and sale agreement before the City Commission. Attorney Cherof pointed out the next public hearing date was contained in Resolution R14-077 for the second and final public hearing on September 16 at 6:30 p.m. The public would have the same opportunity to ask questions and make suggestions, comments, criticism or praise. No one else coming forward, Mayor Taylor closed the public hearing. Commissioner McCray moved to approve Resolution R14-077 as presented, Commissioner Fitzpatrick seconded the motion. NIM 13M= Attorney Cherof reiterated the proposed millage rate was 7.9000 for the General Fund and the proposed millage rate is 5.81% above the computed roll back rate of 7.4664. 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Motion Commissioner McCray moved to approve Proposed Resolution No. R14-078. Vice Mayor Casello seconded the motion, Ulm The motion passed unanimously. B. Informational Items by Members of the City Commission Commissioner Fitzpatrick attended the following events: August 19 — Forest Park Neighborhood Association meeting August 27 — 13 Annual Firefighters Auction at Bru's Room August 29 — Strategic Planning Session August 31 — IBW Labor Day picnic September 1 — A candlelight vigil in Delray Beach for the young man addicted to an over-the-counter substance that resulted in his death on his 21 birthday. Vice Mayor Casello had gone to the Strategic Planning Session and the candlelight vigil in Delray Beach. He noted the issues of young teens are many and spread across a diverse ethnic background. He had been invited to a round table with Congressman Ted Deutch and Congresswoman Lois Frankel for a discussion on sober homes. The discussion would be at a federal level with the hope that the effects would trickle down to the local level. Commissioner McCray had attended the Strategic Planning Session and toured The Links Golf Course. Mayor Taylor had given a talk at the Boynton/Lantana Rotary Club. It is a civic organization that does work throughout their communities. Membership is a struggle and getting involved in a local civic organization is a good place to engage in community affairs. It was anticipated that the City's website would include a page related to civic organizations. On September 10 the State of the City would be held at Benvenuto's. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Steven Grant, FAC Chair (TABLED TO 913114). Commissioner McCray moved to remove the item from the table. Vice Mayor Casello seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA The motion passed unanimously. Steven Grant, NE T Avenue, Chair of the Financial Advisory Committee, reported the Committee was started in 2010 to assist in cutting costs and find new revenues for the budget. There is only one action item from the original plan that listed 50 to 60 areas for investigation. There were five items to be investigated and after this year there would not be any other areas to address by the Committee. The Committee conducts the City survey that is very useful. More than twice as many residents submitted the survey this year and it will continue to grow. One area of the survey involved the citizen's opinion on the factors that are most important in the City. The survey revealed police, fire and rescue were the most important. The least important was the cultural factors. Another question was the satisfaction with City services and fire rescue received the highest marks; whereas landscaping and City maintenance received the lowest rating. The budget for next year earmarked $300,000 for landscaping and improvement of City maintained streets. Another question was if the user fees were appropriate for the services provided and the highest rating was for police and rescue and the taxes were thought to be extremely reasonable. The landscaping and City maintenance needed the most improvement. There were 59 comments that would give the Commission insight into the wishes of the citizens. The average age of the respondents was 46 and the average residency in Boynton Beach was 14 years. The second area investigated was a review of City owned lands and potential use. There are many mango trees on the properties that provide free food and the trees are visually appealing. Vice Mayor Casello commented the work on vacant lands was intense and informative. Some of the parcels are small and practically useless to the City for development. Commissioner McCray pointed out there were several vacant lots in his district that he would continue to monitor their use and potential for development. The lots owned by the CRA were not available. However, the vacant lands along Martin Luther King Boulevard should be used for residential or commercial development. The former Chair's recommendation for Quantum Park and the parcel west of the Fire Station were rejected. It was felt the Quantum Park should continue to be earmarked for park development as soon as possible. Alternative energy sources were discussed with Florida Power & Light and water conservation was studied, as well as solar lights in the City. It was pointed out the solar lights would not be cost effective, but would be considered as part of the green initiative in the City. L e MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA The viability of establishing a non-profit organization was pursued. There is a new IRS ruling with a new form for non-profits to reduce the amount of paperwork to receive non- pro status. If there was another non-profit in the area, it would be ideal to donate to that non-profit to build and maintain. The Greater Boynton Beach Foundation is an existing non-profit that was created for the cultural and educational factors within the City. Mayor Taylor asked that the City Manager add a future agenda item for discussion on the future of the Financial Advisory Committee. Commissioner McCray questioned the status of the current committee. Mr. Grant reported there were four members, the minimum for a quorum. A purpose for the committee or project is needed to continue. The Committee appreciated the opportunity to assist to the Commission. Mr. Grant did feel the survey was important to be continued. B. Announcement • the Preliminary Flood Maps Public Open to be held • Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard, Boynton Beach, FL. Carisse LeJeune, Assistant City Manager, encouraged all residents of Boynton Beach and the entire County to examine the preliminary maps. The flood zones have changed for Palm Beach County including the City of Boynton Beach. FEMA representatives and insurance experts will be present to answer questions. State and local engineers, building officials and floodplain managers will be there to assist. There will be other locations where the maps will be displayed, followed by a 90-day period for comments and appeals before adoption. The maps are revised every ten years. Commissioner McCray inquired if the information was on the website and Ms. LeJeune advised it was on the Utilities web page, featured on the home page and sent out on Twitter and Facebook. C, Presentation from All Aboard Florida by Ali Soule, Public Affairs Manager and Jose Gonzalez, Senior VP • Corporate Development Ali Soule, Public Affairs Manager for the All Aboard Florida Project was present and introduced Jose Gonzalez, Senior VP of Corporate Development for Florida East Coast Industries. All Aboard Florida is a privately funded inner-city, express passenger rail system connecting central and south Florida. It is the legacy company of Henry Flagler and would utilize the existing Florida East Coast railway built in the late 1890s. There will be 10 MEETING MINUTES __i*YA 1 01 1 1 ME a K91 N 1 MIA RMHAL��� four stations; downtown Miami, downtown Fort Lauderdale, West Palm Beach and Orlando International Airport. It is two businesses consisting of the inner-city, express passenger rail system connecting the central and south regions in less than three hours. The second is the development of four million square feet of transit-oriented development around the three South Florida stations. Both companies align because mass transportation takes people to dense urban centers. The project is time sensitive to two trends emerging that more people are moving to city centers and more people are using public transportation with less reliance on a personal automobile. Miami Dade is the 7 th most populated county and Orlando is the most visited City with more than 52 million visitors. The two cities have a dynamic relationship that needs to be connected with a mass form of transportation that can be leveraged for opportunities for both areas. Miami is the gateway to the international market, while Orlando caters to a more domestic market. Ms. Soule indicated the current transportation options are unreliable, expensive and inefficient. Traffic will continue to get worse as the population grows and tourism expands. Alternative transportation options have to be explored and developed. All Aboard Florida would be quick, convenient, competitive, comfortable, connected and current. Two high-powered diesel locomotives will reach maximum speeds of 125 miles per hour. The peak speed through the City of Boynton Beach would be a maximum of 79 miles per hour. All the infrastructure along the corridor will be improved to accommodate the speeds. Hourly service would be available commencing early morning and ending around 9 p.m. with 16 northbound and 16 southbound trains added to the corridor. There is a demand for a convenient option for the customer to have an hourly schedule. The pricing structure had not been announced, but would be competitive. It will be cheaper than flying and comparable to driving. All the major tourist destinations along the corridor have been contacted to co-market the new travel option. The ride will be comfortable and all materials would be 100% made in America and have world-class amenities. The seats will be bigger than a first class air cabin seat. It would be geared toward the guest experience. Wifi will be available along the corridor for connectivity. It is a privately owned venture and their investment alone is $1.5 billion. The corridor will be double tracked between Miami and Cocoa Beach and continuously welded for noise control. Every grade crossing along the corridor will meet the highest applicable safety standards set by the Federal Railroad Association and Florida Department of Transportation. Municipalities have agreements with the Railroad indicating the City would be responsible to fund the improvements. However, All Aboard Florida was committed to pay for the safety improvements for more than $60 million in Miami Dade, Broward and Palm Beach County. 11 MEETING MINUTES SEPTEMBER 3, 2014 For more than 18 months the quiet zones have been discussed with the Metropolitan Planning Organizations (MPO) to implement the zones in conjunction with the All Aboard project. The Palm Beach MPO has allocated $6.6 million, Broward County MPO allocated $4.2 million to complete the upgrades to reach the quiet zone level. All the improvements would pave the way for the future commuter rail system. The City of Boynton Beach has been working with the Florida Department of Transportation and the South Florida Regional Transportation Authority to expand TriRail with a coastal link and there would be a stop in the downtown. It would not be possible without the investment of All Aboard Florida. The station at the Orlando International Airport will be the future mobility hub for central Florida. The SunRail in downtown Orlando will serve the destination and connect to all areas and have an automated people mover and a connection to the convention center. There will be rental car and ground transportation options at the hub to connect to the theme parks. In West Palm Beach, the station would be located between Datura and Avernia and to the west of Quadraille. Each of the South Florida stations would be located in areas that have had no revitalization or economic development for quite sometime. In Fort Lauderdale, the station would be just north of Broward Boulevard and to the west of the Broward County bus facility. Both stations would be built with the vision for the new commuter rail system. The Miami location would be at the site of Henry Flagler's Grand Central Station with three million square feet of transit-oriented development with a 50- foot elevated station that will drive new economic development. They would be creating new urban centers that dictate the live-work-play lifestyle. Ms. Soule stated profitable rail systems do exist around the world. The freight lines are a separate entity and will continue to carry freight on the rails. All Aboard Florida would be investing more than $1 billion in infrastructure that freight would not need to increase its capacity. There have been 24 freight trains on the infrastructure that exists and more trains could be added without additional tracking or other upgrades. The new stations would not be necessary for any increase in freight service and the 40 miles of new track would not be needed. There are prohibitions in Orlando to run freight on the new tracks. All Aboard Florida is a privately funded project and has applied for a $1.6 billion railroad rehabilitation and infrastructure loan strictly for similar projects. The business plan, ridership model and financial statements have been submitted to the Federal Railroad Administration who hired an independent financial advisor to review the loan application. The advisor will determine if the monies can be paid back and if a viable business model is in place. If approved, the loan will be in the amount that is backed with sufficient collateral and will have to be paid with interest and set terms. The bond offering for the track from Miami to West Palm Beach was successful. The $405 million is in place to start construction on the section and will be eminent. 12 MEETING MINUTES min ''I I'TX"A' SEPTEMBER 3, 2014 The plan would be for two passenger trains an hour that will be 900 feet long. It will take less than 50 seconds for the gates to go down, train to pass and the gates to go up. A typical traffic signal is approximately 1 .5 minutes to 3 minutes. There will no significant impact to traffic congestion. An Environmental Assessment was done in January and there was a finding of no significant impact. There is also a TIGER (Transportation Investment Generating Economic Recovery) grant to connect the South Florida rail corridor and the FEC corridor. Last year, the US Department of Transportation awarded a $14 million TIGER grant to the State to connect the South Florida rail corridor and the FEC corridor in two places; Iris and Northwood. When completed around 2018 to 2020 the long-haul freight trains coming south will go to the FEC rail yard at the Port and 12 of the trains going north could be shifted to South Florida Rail Corridor, There are continued discussions relating to freight re-distribution. The impact to Boynton Beach would include increased tourism and hospitality opportunities. The Greater Boynton Beach Chamber of Commerce supports the project and sees positive benefits for the City. The rail and infrastructure investment accelerates the expansion of the commuter rail. A more efficient, railroad including the creation of Quiet Zones and upgrades to every crossing along the corridor, would be a real benefit with the installation of sidewalks at five of the crossings. It will be a 20% cost savings to the City to have the work done in conjunction with the All Aboard project. There would also be less impact to motorist and pedestrian having the work done at one time. Commissioner McCray inquired about the alternatives if the $1.6 billion loan would not materialize, Ms. Soule replied the private market would be revisited for further funding. The loan is one of many financing options that were being considered. It would not dictate whether the project moves forward or not. There are multiple options that are not being disclosed at this time. Commissioner Merker understood there was no vote or question and that the project would move forward. The loan would help. Ms. Soule responded the environmental impact study found there would be no significant impact so the construction would begin in Boca Raton and Hypoluxo. They were in the midst of an environmental impact study (EIS) that was required for the loan process. The draft would be published soon and dictate the impact and proposed mitigation. The study would be for West Palm Beach north since the south end had already been approved. Commissioner Merker surmised the citizens of the State of Florida would have no input. Ms. Soule reiterated they were committed to the project and mitigating any concerns. They owned the corridor and land and were moving forward with their plan. Mr. Gonzalez interjected the impact statement was part of the process and if the federal loan was not an option, they would go through other funding sources and proceed with 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 the project. Public input was important and was being considered and changes being made based on the good and bad comments. It is still in the implementation stage. Mayor Taylor asked for an estimate of time for a trip from West Palm Beach to Orlando and Ms. Soule advised it would be just under two hours, Mayor Taylor questioned how it was determined the project would increase tourism and benefit the City of Boynton Beach if there was no stop in the City. Ms. Soule referred to the Palm Beach International Airport as an example that the Airport is not the destination, rather all the possible attractions and surrounding municipalities. It has to be a partnership effort to advertise what lies along the corridor. The Miami to West Palm Beach section would be operational by the end of 2016 and the West Palm Beach to Miami segment would be operational in the beginning of 2017. Vice Mayor Casello found it bothersome that the request was for $1.6 billion of taxpayer dollars and the developer would not divulge other funding sources. He inquired about the anticipated ridership figures and Ms. Soule replied millions and advised the figures were not released, but it was known that there are 500 million visitors to the area and combined with the 19.4 million residents, there is a robust demand and they planned to capture the demand. Vice Mayor Casello was concerned that the funding sources and ridership were not being divulged and questioned why it was secretive. Ms. Soule replied the information was given to the Federal Railroad Administration with the loan application. It was part of the business model not to disclose. She reiterated the rails and land are privately owned and funded. Vice Mayor Casello argued the project was not totally private funding if the loan request was $1.6 billion from taxpayer monies. The benefit to the City of Boynton Beach was questioned and Vice Mayor Casello asked for an example of a benefit with the train going 80 miles per hour through the City of Boynton Beach. Ms. Soule painted a scenario that a tourist to Orlando comes south on the train to West Palm Beach and then uses another form of public transportation to get to the beach and spend a weekend in the City of Boynton Beach and then back to Orlando. It would be a partnership effort with the City, Chamber of Commerce, Discover the Palm Beaches and other organizations to market the municipalities along the corridor. Vice Mayor Casello questioned what would make the project feasible when the commuter train, Amtrak and other modes of public transportation struggle to survive. Ms. Soule responded the corridor is along the eastern coast of Florida where millions of people travel. The commuter train is located west of 1-95 and has a totally different price point. The Amtrak train travels once a day, five to seven hours and is not viable for business travelers, All Aboard Florida wanted to attract the business traveler and tourist rather than the leisure traveler. Vice Mayor Casello saw the project as a great asset for Walt Disney World. Ms. Soule indicated the major tourism industries in Miami Dade County, Fort Lauderdale and Broward County support the rail service and foresee an increase in tourism and associated economic development as a result of the project. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Commissioner Fitzpatrick's first concern was the second environmental statement from Cocoa to Orlando and habitat fragmentation. Ms. Soule advised they would be using the existing route 528 corridor and operating along a dedicated right-of-way with the least environmental impact. He further asked if there was a timeline for the commuter rail changes. Ms. Soule advised the latest data for implementation was $750 million to $800 million by 2020. The cost was much higher before the All Aboard Florida project was added and the completion date was 2040. Commissioner Fitzpatrick inquired if the plan was for two commuter trains that could possibly put TriRail out of business. Ms. Soule replied the systems are to be complimentary and a non-compete agreement with TriRail was signed. Meetings were being held to discuss how they would all work together. Commissioner Fitzpatrick understood that many of the top staff with All Aboard Florida had actually worked for Disney World. Ms. Soule agreed they were brought to All Aboard Florida because they understood what the guest experience should be. Commissioner McCray recalled when the FEC tracks were double-tracked through the City of Boynton Beach and then one track was removed. Commissioner Fitzpatrick understood the one track was removed because the taxing structure was based on the miles of track owned, so one set was removed to reduce the tax exposure. The matter was opened for public comment, David Floering, 417 NE 6 t" Avenue and Railroad Avenue, pointed out there was a bottle neck in the land owned from Ocean Avenue to the canal that narrowed to 50 feet. He asked if property would be bought or taken by eminent domain. A representative responded the two tracks would fit within the 50 foot corridor and the plans were reviewed by the Federal Railroad Administration for safety and the Department of Transportation. Daniel Spotts, 805 N. Federal Highway, was a business owner and resident of Boynton Beach who opposed the proposed plans. He felt the FEC tracks were not equipped to handle high-speed, passenger trains and there would be extensive cost to the City of Boynton Beach with little or no benefit to the City. He noted the TriRail system took years to expand and upgrade the previous freight tracks to passenger trains. The FEC tracks cut through the heart of Boynton Beach and are very disruptive. The plans will double the freight trains and then 32 high-speed trains daily. Not blowing the horns to create a quiet zone does not eliminate the noise of the train itself. There is only one fire station east of the FEC tracks with the closest hospital Good Samaritan in West Palm Beach. There will be no fencing installed along the tracks to protect animals and pedestrians from wondering onto the rails. The properties along the FEC and CSX corridor have the lowest assessed rates and the area is zoned light industrial or commercial. Mr. Spotts speculated the proximity to the tracks may have contributed to the demise of several projects in the downtown area because other projects west of 1-95 did not experience the same loss and failures over the same time period. 15 Q i I QC111KAJ91"ll • i • :Md 0 k 010 01 V 111- SEPTEMBER 3, 2014 Mr. Spotts contended the All Aboard Florida and double tracks would drive a stake through any worthwhile development east of 1-95. He suggested the tracks should be eliminated or forced underground so the downtown can be developed. He stressed the FEC leases the corridor in most areas and the citizens of Florida own the land. The All Aboard Florida Corporation is relatively young and dependent on federal government loans and an environmental impact statement that is not complete. He urged the people to use the time awaiting the study to the negative impact of the project. New regulations prohibit the transporting of hazardous materials on freight lines without expensive upgrades for positive train control used on passenger trains. He contended the All Aboard project was an attempt to pay for the expensive freight line upgrades using bond money and federal loans that the FEC has no liability. None of the actions being taken would benefit the City of Boynton Beach. The developers have very little experience in running a railroad. Many are artistic people. The Governor had blocked high-speed rail from Tampa to Orlando. The Governor's advisor was an All Aboard lobbyist and the upcoming election could alter the entire plan. He urged the Commission and citizens to educate themselves on the project. The environmental impact statement requires public input. Lillian Mayhew, 114 SW 3 rd Court, asserted All Aboard Florida was insensitive to the residents and their homes. Her family property was next to the tracks and currently the noise was intense. The horns, wind and clicking is extreme. The new track on the west side of the existing track would be almost within reach of her windows. It would destroy any property value. She and her neighbors would welcome the opportunity to negotiate a sale of their properties since it would not be fair to diminish their homes to worthless. Chris Martin, 1558 Via de Peppi, focused on the fact All Aboard Florida would offer a great deal of connectivity between Miami, Fort Lauderdale and West Palm Beach. He was a recent college graduate and was having difficulty finding a job because he was limited geographically. It would be advantageous to be connected in a more efficient manner to Miami and Fort Lauderdale with a larger and more diverse job market. His generation was more focused on mass transit within the tri-county area and eventually Orlando. The proposed project would have huge economic benefits for the entire area and he was looking forward to the new rail system. Alan Slossburg, a Delray resident and Boynton Beach property owner, commented the project was an example of corporate greed and total disregard for the public. The project would create a traffic nightmare. A double and triple track system is proposed to run 32 high-speed passenger trains, 14 to 18 freight trains and TriRail commuter trains along the east coast tracks, running 24 hours a day, seven days a week. There is Amtrak, TriRail passenger services and CSX freight on the west tracks with many more stops than All Aboard Florida. The entire project did not make much sense. The fact the ridership figures were not disclosed was problematic to Mr. Slossburg. His contention was All Aboard Florida was a junk bond rated program paying 12.5% interest it. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 and financed by a New York hedge fund. It is a risky program and not a good investment. The total cost is $2.5 billion and the plan will affect the quality of life for millions of east coast residents which is the key issue. The traffic gridlock and vibration and noise will reduce property values resulting in a reduction in income from taxes and tourism plus other funding. Disrupting emergency vehicle access could be life threatening. There is an organization called Not All Aboard Florida that has collected 29,000 signatures against the project and resolutions from 29 cities opposing the project. It is an indication that the people do not want the service. It will be a white elephant and a disaster. He urged the Commission to sign a petition, talk to the elected state and local officials and accept a resolution opposing the program. Harry Woodworth, 685 NE 15 Place, asked if every crossing in Boynton Beach would be a quiet zone when the project starts. Mayor Taylor confirmed that was his understanding. Mr. Woodworth hoped that fact would be reported for everyone's knowledge. Casey Trailor, 622 SW Pine Tree Lane, Palm City, was the founder of Not All Aboard. She clarified that Florida East Coast Industries, Florida East Coast Railway, All Aboard Florida, fall under Fortress Investment Group, a hedge fund in New York City. If All Aboard Florida does not materialize, the second track will benefit the Freight side. She stressed the project was not a done deal and it was not privately funded. All Aboard Florida recently sold $400 million worth of junk bonds at a rating of 12 to 12 % %, an equity play for the buyers. The private company is asking for $1.6 billion of public funds for a business that has not been profitable in decades. The requested loan would be used to pay off the junk bonds. It is $1 billion over any other RRIF (Railroad Rehabilitation and Improvement Financing) loan granted in history. The assertion was made they will move up to 12,800 people between Miami and Disney every day, but have not provided their business plan, ridership study or ticket prices. There was a previous train called the Fun Train that offered rail service from Miami to Orlando and Miami to Tampa. It went out of business in eleven months. The difference is the taxpayer dollars are being used rather than private monies. Even Amtrak has reported a loss of $46 million for 2013. TriRail between Miami and Palm Beach Airport reported an $87 million loss. All Aboard Florida was founded only seven months ago. She urged the Commission and residents to join over 27,000 others opposed to All Aboard Florida that will not benefit the municipalities and citizens in the area. The unanswered question is the responsibility for maintenance in the future for all the crossings that could double in cost with the double tracks. It is far from a private company. Philip McAdam from Jensen Beach was a member of Not All Aboard Florida and expressed concern for the declining property values along the tracks. The State will 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 lose more tax dollars. All Aboard Florida has had no representation to the community and remains arrogant in their determination to succeed. His main concern was the tax levels that would harm the local towns and the residents. Vince Myer from Stuart and with Not All Aboard Florida gave an overview of the history of the Flagler rail system created from Henry Flagler's personal fortune. It was completed in 1912 and later a major portion destroyed by a hurricane. All Aboard now wants to build a new line with $1.6 billion of taxpayer dollars. A lawsuit was filed to ensure they would not have to disclose their revenue study, ridership and financial information and fares that must be very sensitive information. There have been many false promises made to the public about stops in cities along the rail making it a slow - speed train to Orlando. Mr. Myer argued the AAF truly means All About Freight coming From the Panama Canal. The plan is to use the tax dollars to make the transition along the coast and when the passenger train fails the infrastructure will be in place to move freight up and down the coast while destroying local businesses, way of life and the danger of traffic congestion and blocked waterways, or delay fire and rescue services with public funds. Gary Williams, 1499 South Federal Highway, has businesses at each of the three large airports. He felt high -speed rail was needed in the area. He lives within 50 feet of the current rails and the impact was negligible and he suffered no ill effects. He supported progress and the ability for people to go beyond their current surroundings. After driving for 55 years he would welcome the opportunity to ride rail service from Orlando in a couple hours. He trusted the Commission to do what is right to get high -speed rail and provide jobs for people in the State that could use the work. Commissioner McCray inquired what type of businesses Mr. Williams operated. Mr. Williams had a cleaning service and rent -a -car business. Tim McTigue, 130 NE 4 th Avenue, advised he walks through the corridor and the extra congestion would be of no benefit to him. He did not want one dollar of his tax money to pay for the additional trains. The dust kicked up by the trains is significant and it hurts his lungs. Dr. Piotr Blass, 113 W. Tara Lakes Drive, had to commute from Boynton Beach to teach at DeVry University in Orlando and it was very difficult. Initially his reaction was positive, though the comments being made were disturbing. Dr. Blass clarified there are no hotels on the ocean in Boynton Beach and the developer should be more aware of the facts. He felt it was arrogant to make the assertion that an 80 mile per hour train that does not stop in Boynton Beach would benefit the City. Even with a stop in Boynton Beach, the Commission should be leery of adopting the new project. The plans could be modified. There is a proposed hyper -train that travels over 700 miles an hour that could be a reality in the 21S century. The Henry Flagler vision was to connect 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3,2014 New York to Key West not just to Orlando. There needs to total disclosure and honesty for the benefit of the public. Bradley Miller at 508 East Boynton Beach Boulevard, of Miller Land Planning, supported All Aboard Florida in three capacities; as a land planner, business owner and resident. As a land planner, alternative means of transportation are always sought. This would be a start for the commuter train to connect the cities throughout the area. As a business owner, his office was 100 feet from the tracks. The improvements of the tracks and creation of the quiet zones would be welcomed. As a resident, he had just bought a new home 300 feet from the tracks and the quiet zones would mean a better night's sleep. He fully supported the project. John Porges, President of the Greater Boynton Beach Chamber of Commerce, referred to an independent study reporting that six million visitors came to Palm Beach County in 2013 and it translates into millions of dollars, revenue and job creation. The Chamber of Commerce advocates for job creation and growth of the economy. Florida receives 90 million visitors a year and the All Aboard Florida would help support the upward trend of tourism and economic growth at State, County and City levels. It could drive commerce into the City of Boynton Beach and the Board of Directors lends its support to the project. Lillian Mayhew Sr. lives next to the FEC tracks and had bought the duplex 21 years ago. She had difficulty breathing due to soot from the train. Some trains have had three engines and 175 cars that has increased in length. She predicted people would die because the crossings for emergency medical services will be blocked. The Constitution dictated people should feel safe in their homes and she did not feel safe in her home. The vibration of the train was intense and the corridor is not maintained. The Amtrak train is a delightful ride. The current tracks are 41 feet from her home and the additional track will be even closer. She urged the developer to take into consideration the right to privacy of the neighbors along the path. Ondine Constable, 228 SW 6 th Avenue, has been in Florida for three years. She wanted to know the status of the increase in freight traffic through the heart of downtown Boynton Beach. There does seem to be some potential benefits with All Aboard Florida, but they are speculation. She would be interested in improved commuter service, but had no interest in going to Orlando. She was concerned about the property value of her new home and wanted to see the potential of Boynton Beach having increased foot traffic and shops. The additional freight trains, due to the expansion at Port Everglades, could be disastrous for the growth of the downtown. Ms. Soule further explained some of the freight traffic could be diverted and bypass the downtown of the City of Boynton Beach. There are ongoing discussions with the State. It can be funded through the TIGER grant and can be operational in 2018 through 2020. Arnie Gooddeau who is the TriRail Coastal link project manager is the project manager for the freight re-distribution project as well. lig MEETING MINuTES SEPTEMBER 3, 2014 Ms. Soule stressed the FECR will always serve customers on the Florida East Coast Railway. Freight service can be increased at any time without implementing quiet zones or any other improvements. The improvements and quiet zones are Florida All Aboard's investment of $60 million in the corridor. In most cases the train horns will be eliminated because additional safety factors would be included in the plans and crossing. It would pave the way for a new commuter rail. There are many options available for train traffic on the FEC. Jan Spotts, 805 Federal Highway, noted the Federal Rail Association has not done the environmental impact study. The loan is contingent upon the environmental impact study. It will be done by the end of year and voices should be heard on the subject. There should be 90 days for public hearings on the loan application and impact study. ppi��11111111111 , 1 , I III �Iil�;ir III i I �Iilipli� I I , I Mayor Taylor thanked the All Aboard representatives for accepting his invitation and sharing information with the public and receiving public input. Nine residents were against the proposal and five supported the plan. There are many aspects that are not fully vetted. He would remain neutral until more public input is gathered. Vice Mayor Casello appreciated the public input. The presentation was excellent. His concerns related to the financing and use of taxpayer dollars. He understood the private financing was from hedge funds and that was also disturbing. The unwillingness to divulge the ridership figures or ticket prices was a concern. He would go on the concept of "Buyer Beware", Commissioner Fitzpatrick wanted clarification that there was two environmental impact statements with one done from Miami to West Palm Beach and the second from West Palm Beach north that was not completed and the representatives agreed. Commissioner Fitzpatrick remarked he had made three trips to Europe and used the railroad system extensively and other public transportation methods. The train service is part of the daily culture. When 1-95 was first built in South Florida it was not very good with many incomplete segments. All mass transportation is publicly funded. There is little or no direct benefit to Boynton Beach now, but there will be in the future. The connection with the commuter route will help Boynton Beach in the future and this is the first step. He supported the project. Commissioner Merker heard it is business decision versus a citizen concern about quality of life. There is a lack of information and the questions asked are fair. Commissioner McCray thanked the representative for coming and he had met with them privately, one-on-one. The FEC tracks do run through District 11. He was listening to both sides. 017 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Mayor Taylor suggested the remarks made be considered and further input digested before a definitive position is taken. Vice Mayor Casello moved that the Commission hold off any vote either up or down to support the project until more input is heard. Commissioner McCray seconded the motion, but not with the up and down. The vote was unanimous. 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) Reverend Bernard Wright, 713 NW 2 nd Street, complained about the charge to use the Denson pool and the children cannot enjoy the facility. The individuals at the pool are driving in from the suburbs. The Heart of Boynton is underprivileged families that do not have the money to use the pool. He also complained the Sara Sims Park restroom was not clean with consistent upkeep. He would encourage people to keep the area clean and the City do their job of opening it and keeping it fully supplied. His third issue was police/citizen conduct that is very bad. The language used by the officers is disgusting for professionals. He urged there be a resolution on the three issues ir Mayor Taylor noted it cost $1 for a child to use the pool all day. Nothing in life is free and it is a bargain at $1. It cost to maintain the pool and $1 is not a lot to ask for the use of the pool. Rev. Wright asserted his family fought for the pool and it was always free. The money taken in is not enough to pay for the pool maintenance, lifeguards and facility. The children need to enjoy the pool. Mayor Taylor advised he would ask Park and Recreation to look into the issue at Sara Sims Park as it should be done on a regular basis. Reverend Wright continued the police conduct was a grave issue and there are three categories; consensual, detention and arrest. There needs to be more officer training or implementation of the training. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Chief Katz appreciated the comments and feedback. Nothing has changed within the department in terms of personnel conduct. He rejected the notion that the personnel are mistreating the public. It is an injustice to broadly categorize the officers who serve the City with distinction as misfits or treating people inappropriately. It is an inaccurate assessment. Dealing with specific instances has a process that has to be followed. The officers risk their lives, work on weekends, holidays and nights without a lot of credit. He took pride in his officers and he would stand behind them. Reverend Wright claimed there was an incident the prior night at the Easy Mart. He would give their names and get the video how they talk. They came with guns drawn and it was inappropriate and unnecessary. They are aggressive and he had personally been victimized by their conduct throughout his life. Commissioner McCray represented District 11 and grew up across from the John Denson pool. He saw many kids in the pool and there are buses at the pool all during the summer. Mayor Taylor suggested Reverend Wright attend the Citizens Police. It is enlightening to see what the police do during a shift and get first-hand knowledge. At times language and curse words may be exchanged. If there is only a second between life and death decisions, the words spoken may not be appropriate. Mayor Taylor had received many calls and emails relating to a YouTube video, but had not gotten any feedback about an officer with a broken back doing his job. He backed the police 100%. Mark Karageorge, 240A Main Boulevard, thanked Police Chaplain Hay and his wife and Commissioners McCray and Merker for their support during his time of need. Ms. LaVerriere and Vivian Brooks, Executive Director of the CRA, were thanked for their kind words and prayers during his recent medical problems. Prayers were needed for the entire country and all people because times are stressful and even the City needs direction and thoughtful decisions. The Business Development Board Gala would be this weekend and he hoped those invited would attend and keep Kelly Smallridge and her sons in their thoughts as they grieve the loss of her husband and their father. It was pointed out it is now football season and Boynton Beach High School is ranked second in the County. He urged the officials to support the local team. There is also the East Boynton Beach Wildcats at the Hester Center that could use the support too. The future of the City is the children. Dr. Piotr Blass, 113 W. Tara Lakes Drive, believed Boynton Beach had the finest Police Department and was delighted with the conversations exchanged. The differences in opinions should be resolved with continued discussion and truthfulness. He would mediate the process if needed. He was continuing his research and building the University of Boynton Beach. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 Sonny Garcia, 1631 NW 3 rd Lane, wanted to know who was really in charge of parks and Mayor Taylor responded the Parks and Recreation Director, Wally Majors. Mr. Garcia wanted to know if just the facilities were maintained or the perimeter, because the fence at Hester Center has been broken for almost a year. Commissioner McCray announced on Saturday at 10 a.m. there would be a funeral for Reverend Charles Lambert at St. John Missionary Baptist church. He came to Boynton as a young man, married and was Pastor at several churches in the area and a long time giver to the community. His parishioners are still in the City of Boynton Beach and he wanted some type of acknowledgement so the family knows he was recognized for his efforts and praying for them as well. Floyd Zonenstein, 2621 NE 1 st Court, spoke for Village Royale on the Green, indicated getting the Boynton Beach Police Department in their development was the best thing ever done. Police have to protect themselves, not just the people. Their work is not appreciated and people do not understand what a human life is worth. He commended all officers. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members • the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 alternate There were no applicants for the advisory boards. 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 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 A. PROPOSED RESOLUTION NO. R14 -079 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $34,747 (award # 2014 -DJ -BX -0311) on 07/24/2014. The funds have been allocated towards our Holiday Deployment, the purchase of SmartWater Home Coding Instant Tracer kits, Lasers and computer software. B. PROPOSED RESOLUTION NO. R14 -080 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach C. PROPOSED RESOLUTION NO. R14 -081 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certifications to accompany the report. D. PROPOSED RESOLUTION NO. R14 -082 - Approve a three -year piggyback of the contract with Thompson Consulting Services, LLC, a Delaware limited liability company for the purpose of providing disaster debris management and support services as provided for by the Solid Waste Authority's agreement. Also to authorize the City Manager to enter into an End User Professional Services Agreement with Thompson Consulting Services for debris monitoring services. This service will be used on an "AS NEEDED BASIS" in the event of an emergency. E. PROPOSED RESOLUTION NO. R14 -083 - Approve an agreement with Resource Action Programs for the FY 2014 -15 implementation of the WaterWise conservation program for all 5th grade students at schools within the City of Boynton Beach. The total expenditure for this venture is $38,400, as a sole source vendor. F. Authorize the City Manager and City Attorney to execute Warranty Deeds for the purpose of transferring landlocked City property to 6 unique residential property owners. G. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the ten (10) month period ended July 31, 2014. H. Approve and authorize the City Manager to execute Task Order U -1 C -01 with GAI Consultants at a cost of $27,000 for the preparation of the Utility 10 -Year Water Supply Facilities Plan Update to be incorporated into the City of Boynton Beach Comprehensive Plan Update due in March 2015. This is in accordance with the approval of RFQ 017 - 2821- 14 /DJL, General Consulting Services, Scope Category C as approved by the City Commission on July 1, 2014. Approve the minutes from the Regular City Commission meeting held on August 19, 2014 24 Vi ggell] W- ZX I • SEPTEMBER 3, 2014 Motion Commissioner Merker moved to approve the Consent Agenda items. Commissioner McCray seconded the motion. Vote 11711761MM 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R14-084 - Approve and authorize the City Manager to execute Task Order U-113-01 with Mathews Consulting, Inc. for a not-to-exceed fee of $198,000 for a study of options, surveying, design, permitting, bidding, and services during construction for the North and South Roads Utility Stormwater and Water Main Improvements project. This is in accordance with the approval of RFQ 017-2821-141DJL, General Consulting Services, Scope Category B as approved by the City Commission on July 1, 2014. Commissioner Merker moved to approve Resolution No. R14-084. Commissioner McCray seconded the motion. The motion passed unanimously, 8. CODE COMPLIANCE & LEGAL SETTLEMENTS I= 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.14-015 - SECOND READING - PUBLIC HEARING - Approve request for The Women's Circle rezoning (REZN 14-003) of subject property from C-3 (Community Commercial) to C-2 (Neighborhood Commercial), located at 910-918 SE 4th Street. Applicant: Sr. Lorraine Ryan, The Women's Circle, Inc. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 20'14 Attorney Cherof read Proposed Ordinance No. 14-015 by title only, on second reading. Commissioner Merker moved to approve Ordinance No. 14-015. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public comment and no one came forward. Bradley Miller of Miller Land Planning was present representing the Women's Circle. Jill Weiss indicated she was currently working as a volunteer ESL and reading teacher at the Women's Circle, All the students were of Haitian descent. They are well on their way to speaking and reading English and she was proud of the students. The dedication and support services that all women receive is incredible. Sister Lorraine Ryan has tirelessly provided services to new immigrants entering the country. The organization has been doing excellent work for years. Space has been a major issue. The Women's Circle is an asset to the community and it needs to expand. Mayor Taylor explained the Commission was attempting to pass the Ordinance. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Approve a Major Site Plan Modification (MSPM 14-003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150 square feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet and related site improvements, located at 910-918 SE 4th Street. Applicant: Sister Lorraine Ryan, The Women's Circle, Inc. (TABLED TO 913114) Commissioner McCray moved to remove the item from the table. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Motion Commissioner McCray moved to approve the Major Site Plan Modification. Vice Mayor Casello seconded the motion. W MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA W-4M Mayor Taylor opened the issue for public hearing. Bradley Miller of Miller Land Planning thanked the Commission for their support. Vote 13M= C. PROPOSED ORDINANCE NO.14-016 - SECOND READING - PUBLIC HEARING - Approve request for Farnily Dollar rezoning (REZN 14-004) of portion of subject property from R-2 (Single- and Two-Family Residential District) to C-2 (Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group Ltd. Attorney Cherof read Proposed Ordinance No. 14-016 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 14-016 on second reading. Commissioner Fitzpatrick seconded the motion. NVOT, "I M-0 ".0 City Clerk Prainito called the roll. The vote was 5-0. D. Approve request for New Site Plan to construct a one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Development Group, Inc. (TABLED TO 913/14). Motion Commissioner McCray moved to remove Item D from the table. Vice Mayor Casello seconded the motion. M MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 EM The motion passed unanimously. Commissioner McCray moved to approve the New Site Plan. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. E. Approve request for Community Design Plan Appeals (CDPA 14-001 & 14-002) in conjunction with the request to construct a one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Development Group, Inc. (TABLED TO 9/3/14) 0= Commissioner McCray moved to remove Item E from the table. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Commissioner McCray moved to approve the request for Community Design Plan Appeals, Vice Mayor Casello seconded the motion, Vote The motion passed unanimously. F. PROPOSED ORDINANCE NO. 14-013 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REIN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family iW*l 9ANRAM�� homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO 913/14) (This item was previously tabled to October 7, 2014) PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO 9/3/14) (This item was previously tabled to October 7, 2014) G. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight (8) two- and three-story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. (TABLED TO 9/3114) (This item was previously tabled to October 7, 2014) 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO 14-017- SECOND READING - PUBLIC HEARING - Approve request to amend Part 11, Chapter 14 of the City Code of Ordinances entitled "Motor Vehicles and Traffic", by creating a new section 14- 12 entitled "Curbstoning", regulating the purchase and sale of motor vehicles Kfl MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3, 2014 from individuals other than a dealer; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Attorney Cherof read Proposed Ordinance No. 14-017 by title only, on second reading. 7Wr-T= Commissioner Merker moved to approve Ordinance No. 14-017 on second reading. Commissioner McCray seconded the motion. Vice Mayor Casello commented he agreed with the Ordinance and felt it was needed. He hoped the County would do the same thing since there were many adjoining county owned parcels where the cars are sold. Mayor Taylor suggested a copy be sent to the County asking the County to consider doing the same. Mayor Taylor opened the issue for public hearing. No one came forward. UMM City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 14-018 - SECOND READING - PUBLIC HEARING - Approve amendments to Code of Ordinances Part 11, Chapter 13 "Licenses", renaming the application review to "Business Use Certificate" and clarifying inspection process and fees associated with "Certificate of Use and Occupancy." Attorney Cherof read Proposed Ordinance No, 14-018 by title only, on second reading. Commissioner McCray moved to approve Proposed Ordinance No. 14-018 on second reading. Commissioner Merker seconded the motion. Vice Mayor Casello asked if there was any cost involved to pay a Special Magistrate. Ms. LaVerriere indicated it would be a permitting process and there will be a fee charged. Nancy Byrne, Director of Development, further explained they would go before the Special Magistrate if there would be a Code violation. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3,2014 C. PROPOSED ORDINANCE NO. 14-019 - SECOND READING - PUBLIC HEARING - Amending Article IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled Pensions for Firefighters. Motion Commissioner Merker moved to approve Ordinance No. 14-019, Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. PROPOSED ORDINANCE NO. 14-020 - SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City-initiated. (TABLED -- TO BE HEARD ON 9/16/14) (This item was previously tabled.) E. PROPOSED ORDINANCE NO. 14-021 - FIRST READING - Approve amendment to Sections 18-118 and 18-127 of the General Employee's Pension Plan. 171MR11111 I I � K � E11J[1yJflJ;Wll Omit I NEWES 4=0 Motion Commissioner Merker moved to approve Ordinance No. 14-021 on first reading. Commissioner McCray seconded the motion. City Clerk Prainito called the roll. The vote was 5-0. F. PROPOSED ORDINANCE NO. 14-022 - FIRST READING - Approve a Solid Waste rate increase and revise the Code of Ordinances, Chapter 10, Garbage, 31 k; i I '1*" 0 k • k! 1 :1 ZEN 2 m4:99461: Trash and Offensive Conditions, to allow for residential rate increase and language change. Attorney Cherof read Proposed Ordinance No, 14-022 by title only, on first reading. V'__ Commissioner McCray moved to approve Ordinance No. 14-022 on first reading. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Discuss impact of pending legislation legalizing restricted use of medical marijuana - October 7, 2014 B. Staff report on Human Rights Council's request for City to update its non- discrimination policy and offer domestic partnership benefits. - September 16, 2014 C. Commissioner Merker would like to discuss offering Long Term Care insurance to City employee's as an additional benefit to be paid by employee. - September 16, 2014 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:50 p.m. (Continued on next page.) 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 3,2014 L r m ue 0 a -0 6 0 N 1 I I W, 7 , z A: Z T Casello,_Vice Mayor 11 0 TOM . • �i� 9A Mal J _ - m. �iet M. P rainito, MMC t - P ra=- 1 Cl l IVIC. A. Pyle, C p ty City Clerk �/'/ 093 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 41'� Developme"t P & z PROJECT NAME: Family Dollar Store (CDPA 14-001 & 14-002) ','Bulldlng Occ. LICODS APPLICANT: Paul Tremblay, Boos Development Group, Inc. city Clerk APPLICANT'S ADDRESS: 5789 NW 151't Street, Suite B, Miami Lakes, FL 33014 �� DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Fagade, which require vision glass on facades within the urban setting that have high pedestrian visibility, and Chapter 4, Article 111, Section 3.A.8. "Downspouts", which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by th,.- applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval 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 3. 4. 5. 6. 7. The conditions for development requested by the Applicant, administrative staiT, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." The Applicant's request is hereby -AGRANTED subject to the conditions referenced in paragraph 3 above. DENIED All further development on the property shall be made in accordance with the terms arro' conditions of this order. Other: SAP1anning\SHARE It K IdJA its] 1 z m x 2 R 0 El oil P: :1 "I M :g x, lip Bowmn C 0 N S U L T I N G The Applicant is requesting approval of a Community Design Appeal for the proposed Family Dollar maintaining the financial principals that allow Family Dollar to deliver cost effective products to their consumer. As such, the following architectural features could not be met: The design principals of the LDR Ch. 4, Art. III, Sec. 3.H) requires external downspouts to be encaseA' with the walls or architectural elements, The request is cost prohibitive. In an effort to compromise, the rainwater leaders/downspout,Oiav-p-hp-PAL%,b,,, 4<'k *� presence from the street. to coniact Me at UP 7-t. Lauderdale office, (954) 712-7482. 92= Bill Pfeffer, PE I VP B. Manager Bowman Consulting 401 E Las Olas Blvd. Suite 1400, Ft. Lauderdale, FL 33301 Office: 954712-7482 1 mobile: 772.341.6223 041 Is • Project Name: Family Dollar Store File number: CDPA 14-001 & 14-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with a June 10 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT, ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Should the appeal for the downspouts be approved, the applicant shall be required to install tall landscape material with full, dense foliage to further screen the downspouts. The plans, when submitted for permit, shall be revised to indicate the placement and specifications of the plant material and a note shall be added to the plans indicating that the landscape material shall be maintained in a manner which will continually screen the downspouts from view. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. Family Dollar Store (CDPA 14-001 Conditions of Approval Vlacie 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS To be determined. S:\Planning\SHAREDNWP\PROJECTSXFamily Dollar) CDPA 14-001 & 14-002\COA after P&D.doc • 10YAL, Ito] 0 1--] ZF-,T4q:M;J •- 1 ID i HOW r - Development PROJECT NAME: Family Dollar Store (NWSP 14-003) P & Z lquilding rr .001099fing Ocen APPLICANT: Paul Tremblay, Boos Development Group, Inc. ;° Lise Do ;ty City Clock APPLICANT'S ADDRESS: 5789 NW 1518t Street, Suite B, Miami Lakes, FL 33014 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014 F",,PPRO related site improvements for a new Family Dollar store, zoned C2 (Neighborhood Commercial). LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest Boulevards. Will, MI -aflfi���e THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The App!i�ct 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 request is hereby L,,""GRANTED subject to the conditions referenced in paragraph 3 above. DENIED M-MMIMM 4� 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: S:\Planning\SHARED\WP\PROJECTS\Family DollaANWS1 omil h ddjic��� keloy'A i N i J, 11 ff 0 o 0t�, soot spa mom &0 ............... ...... . ..... Dim N. SEACREST BLVD. _±LANEN DIVIDED(11,66 —6 AAD f) ............... Fami, North SeacrestB I Ill 1 11,11 111 [fill 'Iff, ! ! q igy 1, I 111R, i 111 I--1% o 1-11 ffil j - M, H 1411 It 111111111 MI'll, fill 11,111! Ill, Y Dollar Store nilevard &MarVn LutberKingjr. Boulevard Boynton Beach, Florida lilt! 1 -al ;U3 TQC 9j ig TG r 59. N. SEAGREST BLVD. 4 LANES DIVIDED -- - ----- - -- (11,565 AAD 1) go r - - --------------- PI p 6 L S r------------- a > z > -1 M M z 'c (D M -In a In - am 5a z I G) G) M M a -; ___ I.-_ -I - X BOLL 3,.5221.105 N11 M go I A a I OTC Bowman UmTnl'L'*ITY PLAN C 0 N s U L Y I N 6 wu. FAMILY DOLLAR STORE By 0 BOYNTON BEACH, FLORIDA BOO -S Mee 0 G88o-;G)w9- M x x 4 5WIS to 01 Iz P i I , a r U 9 9 z 9 1 92 1 rn i -RU M. v FA iR .49 R 1 1:95 1 1 il IV, a lip A I pt: 52 H Fpsp I o �v fD W (D 60� � Ll %N T rD 3 x a CL N C lfl � V W N O � a �. 2 'O O C .. p �,N 3 C X 0) m O N 00 d Ln rD .A ty{ 3q 'fs f � r :}„",� , •t'd,{ is u)i v a x Z O z C m Z S-7 N Do Ln m 2" _ f'1 D T� v a z p O=D n n Wm r= D p Z D o D Z p> -v pj CD Ln rm Lin 0� O o 0 o C n O Z OD Z p W rD O o m > 110 m-0 r m m z r [D m Gl 7o n' v -n Ln QJ LA m +. a D m m X `� � mm X - w LA lQ 'p m a C) D o ui ;K .fl `fl O r w — mLA NJ>0i mm�o� 0 n 3 Q CO CO CO* 0, 0, D W- p� n� o NDN N f1 N I Q CD Ch ..0 on m �,' O � �• N N C- m n c C m O r r" Q p v �^ v 00 a QO m V1 Z h(D m n O < E! O D D D m o=r m �,' � �• G) C- m n c 0 m O V r" Q p v �^ v C a to m V1 N h(D Q O < E! O Ll a 1+ m C, Q ap- O Q t' Ln n n 2 Ln rD p a, o, r5 U- c 7 3 Ell m 3 W< vi n c c 3 0 3 rD a. Project Name: Family Dollar Store File number: NWSP 14-003 Reference: 2nd review plans identified as a Major Site Plan Modification with a June 10, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS I REJECT —1 ENGINEERING i PUBLIC WORKS / FORESTRY / UTILITIES -INCLUDE Comments: 1 On sheet C3, please review existing light pole location at the Seacrest Blvd entrance for clear zone possible relocation. X 2. Provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste and fire rescue trucks. Truck routes for fire and solid waste to be determined by individual X departments/divisions. 3. Please note that prior to permit application, applicant need to contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10- X 26 (a). 4. Please tabulate the total diameter inches of existing trees on the site proposed to be removed and replaced (caliper inches) on the site. The replacement trees should be shown by a separate symbol on X the formal landscape plan sheet (Environmental Protection, Chapter 4, Article 1, Sec. 3C.1-6 pp. 4, 5). 5. Calculate the amount of clean fill to be placed in the landscape planting areas on the site and place this quantity on the material schedule. City inspection of the addition of the clean fill is required X prior to installation of landscape improvements (Environmental Protection, Chapter 4, Article 11 Sec. 4.A.7.b.p.7). 6. Irrigation Plan must follow the Florida Friendly - Waterwise principles using MP 3 series heads and bubblers on newly installed trees. X FIRE Comments: None, all previous comments addressed. POLICE Comments: None, all previous comments addressed. BUILDING DIVISION Conditions of Approval Paae 2 of 5 Comments: 7. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 8. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads). 9. At time of permit review, submit signed and sealed working drawings of the proposed construction. 10. CBBCPPrequires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 11. A water -use permit from SFWMD 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. 12. At time of permit review, submit separate surveys of each ot, parcel, or tract. 13. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 14. The full address of the project shall be submifted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411-2741 (Sean McDonald — 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734-0872) PARKS AND RECREATION Comments: None PLANNING AND ZONING Conditions of Approval Paae 3 of 5 DEPARTMENTS Comments: 15. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City i Clerk. 16. At time of permit submittal, submit a copy of the Traffic Performance Concurrency approval letter from PBC Traffic Engineering. 17. To preserve landscaping buffer along parking lot on west side of project, the widening of the sidewalk compliant with the Downtown Master Plan cross-section illustrations for Martin Luther King Jr. Boulevard corridor need only occur along the building. 18. Pursuant to discussions during the pre -application stage, show on the site plan the potential interconnection (vehicular and/or pedestrian) to the parcel abutting to the east, in the vicinity of the southern two (2) parking spaces along the eastern side of the property. Although contingent upon the ultimate compatible design for the development of the property to the east, eady consideration and accommodation of a connection of parking areas is recommended. 19. On Sheet R7.0, the rainwater leaders/down spouts need to be encased with the walls or architectural elements, or seek and obtain approval of a Community Design Plan Appeal with adequate justification of how design meets intent of the Land Development Regulations. 20. The wall signage proposed exceeds that allowed by code. Please revise the signage accordingly or seek and obtain approval of a sign variance. 21. Proposed monument sign area and height exceed maximum allowed as indicated in Table 4-15 of the LDR, Ch. 4, Art. IV, Sec. 4.C.2. Maximum height is 5 feet based on size of property and characteristics of abutting right-of-way. To maintain consistency with the adjacent land uses, length should not exceed the height. The consistency requirements are pursuant to the LDR, Ch. 4. Art. IV, Sec. 4.C.2.c. Subject area is predominantly residential, with small neighborhood commercial uses. Further, Ch. 4 requires monument sign to incorporate materials and colors from project. Base and framing should be of stone material and color to match building. 21 Bufferwalls must be enhanced with painted stucco pursuant to the LDR Ch. 1, Art. 11. Definitions (Buffer Wall — A stuccoed and painted masonry wall or an engineered pre -cast concrete wall used to physically separate or screen ... ), and LDR Ch. 4, Art. I 11, Sec 1 O.A. Rectified plans submitted at time of building permit must reflect this standard. Conditions of Approval •- 4 • 5 DEPARTMENTS 23. On Sheet L1, two (2) rows of tiered hedge material are required for landscape buffers along rights-of-way, as well as a colorful groundcover in front of the hedge material. The plans depict one row of hedge with groundcover plants on each side. At time of permit • please correct. 24. At time of permit submittal, please place a note on the plans indicating that the Simpson Stopper proposed along the buffer wall will be allowed to grow tall (well above the wall height) and maintained to create a better visual and noise buffer of the residential property to the east from the loading area and back door • the • •• 25. On Sheet L1, please insert pods of shrubs 4' to 5' in height along the west and south building facades, to break up the long expanse of hedge material at uniform height. 26. The design principals of the LDR (namely Ch. 4, Art. III, Sec. 2.C.3) and the Urban Design Guidelines (requiring 50% - 90% window to wall • -• vision • • .•- within the urban setting that have high pedestrian visibility. The LDR calls for an "architecturally appropriate amount of transparency" on the first level of the project that fronts a street or sidewalk to achieve pedestrian compatibility and adequate visual interest. As seen •, the • fagade, enhance west fagade incorporating some vision glass, or seek and obtain approval • a • Design Plan Appeal with adequate justification of how design meets intent of the Land Development Regulations. 27. Add a note on plans indicating that privacy film and "opaque" glass, if allowed to be used in limited areas, and actual clear glass windows, will •- as similar in appearance/tone/color as possible. on Applicant to provide samples of each to staff for approval prior to • 28. Transparent glass windows shall possess a minimum 60% — 80% • transmittance factor (no reflective glass, no reflective •, • blackout film). 29. • equipment • store fixtures may be placed in front of any •' the clear glass •• that impede the view into the store. 30. Please complete the Art in Public Places • to •- • project value and I% figure, and revise the site plan, landscape plan and all other appropriate plans to depict location of required public art, if it is intended to be placed on-site. It is recommended you coordinate this effort with Debby Coles-Dobay, Public Arts Administrator (561-742- 6026). Family Dollar Store (NWSP 14-003) Conditions of Approval Paae5of5 DEPARTMENTS INCLUDE REJECT 31. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. DEVELOPW T ORDER OF THE CITY COMMI ON OF THE CrrY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Women's Circle (MSPM 14 -003) APPLICANT: Sister Lorraine Ryan, The Women's Circle, Inc. APPLICANT'S ADDRESS: 912 SE 4 Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2014 APPROVAL SOUGHT: Major site plan modification to expand an existing social service agency consisting of a one -story addition of 4,581 square feet and related site improvements, located at 910 -918 SE 4 Street. LOCATION OF PROPERTY: 910 -918 SE 4 Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby ✓GRANTED subject to the conditions referenced in paragraph 3 above. 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: an�r..�:�t DATED: �`a� l� � _ b` I . L �� k City Clerk t T,4 ,'' 1 ' ., o ;7? S: \Planning \SHARED \WP \PROJECTS \Women's Circle \MSPM 14- 003 \DO.doc f . , f O i: r §� 1 ; EXHIBI1SA" - SITE LOCATI•N MAP THE WOMEN'S CIRCLE (MSPM 14 -003) R - 1 A REC M U L -2 R -3 1 I i I I r C 3 J 1 Q i_ ) M -1 /LILV U SE 8TF1AVE- lag 1 - - raj (-� _ GREENBRJARD.RT - FA T r o.R_2 Tr ' 1 T i' - R -� ;qq ,__ _ 1 1 ' 1 i U) i - E10 . ISLES RD H I fl - - -- .I II I I I 4 �� � ,_ C -2 i I, 1 ) 1 E T AV , l i / ' I I _ , R -3 - DLL 1 ._ . .__ _ _ L 270 135 0 270 540 810 1,080 — — � � _ � Feet - - E Nom ■ I S I • • EXHIBIT "C" - CONDITIONS OF APPROVAL Project Name: The Women's Circle File Number: MSPM 14 -003 Reference: 2nd review plans identified as a Major Site Plan Modification with a June 10, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 1. At time of permitting, revise survey to provide information or at least indicate by which instrument the '/2 half of SE 4 Street lessened the property line from 127.21 feet to 97.21 feet. 2. At time of permitting, revise plan set cover sheet to include an index of drawings (include boundary survey in index). FIRE Comments: None (all previous comments have been addressed). POLICE Comments: None (all previous comments have been addressed). BUILDING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 4. Buildings, structures, and parts thereof shall be designed to withstand the minimum wind Toads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads).. 5. At time of permit review, submit signed and sealed working drawings of the proposed construction. 6. At time of permit review, submit separate surveys of each lot, parcel, or tract. • • THE WOMEN'S CIRCLE (MSPM 14 -003) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS INCLUDE REJECT 7. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 8. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department. The City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning, & Building Division, 2300 N. 4 Jog Road, West Palm Beach, Florida 33411 -2741 (Sean McDonald — 561 - 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734 -0872) 9. The north wall of the new addition shall be of fire rated construction per Table 602 of the 2010 FBC, Building Volume. The minimum required fire rating is based on the type of construction as defined in Section 602 of the FBC, Building Volume. RECREATION AND PARKS No comments. FORESTER/ENVIRONMENTALIST No comments. PLANNING AND ZONING 10. Approval of this project is contingent upon the approval of the accompanying request for rezoning (REZN 14 -002). 4 11. The Unity of Title is required to be revised by having the document signed by the authorized principal for The Women's Circle. The revised unity of title is required to be recorded prior to the issuance of a building permit for this project. 12. A letter of approval from Palm Beach County Traffic Engineering Division for traffic concurrency based on the submitted traffic 4 statement will be required prior to issuing any permit for this project. • • THE WOMEN'S CIRCLE (MSPM 14 -003) CONDITIONS OF APPROVAL Page 3 DEPARTMENTS INCLUDE REJECT 13. At time of permitting, revise survey to correct address of adjacent property to north and add property information for adjacent property to east and south. 14. Add information about adjacent properties on site plan and landscape plan (future land use, zoning district, and current use). 15. At time of permitting, revise detail of the covered bike rack to the plans to include color and materials. Bicycle racks can be located in areas that are enclosed or roofed, or otherwise designed with solid covering, either inside the building (e.g., foyer) or outside and placed in close proximity to the .project entrance while still maintaining safe and accessible building ingress and egress. 16. At time of permitting add the following notes to the photometrics plan: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below one (1) foot candle and none below % foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 17. At time of permitting, revise the Building Elevations to correct rear elevation (arrows for 2 and 3 both point to trim on building, and one is �l listed as trim and other as accent). 18. The removal /relocation of landscape material is subject to review and approval of the City Forester /Environmentalist (prior to any removal /relocation). 19. At time of permitting, revise detail of proposed decorative masonry buffer wall to include minimum 6 feet in height. 20. At time of permitting, revise building elevations to depict a second base wall color below the scoreline /watertable. 21. Identify on landscape plan what plant material will be inside the 3 planters. 22. At time of permitting, revise site plan and landscape plan to include location and setback of proposed signage. COMMUNITY REDEVELOPMENT AGENCY Comments: None I b • THE WOMEN'S CIRCLE (MSPM 14 -003) CONDITIONS OF APPROVAL Page 4 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS No additional conditions. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/kz S: \Planning \SHARED \WP\PROJECTS \Womens CircIe\MSPM 14- 003 \CONDITIONS OF APPROVAL.doc •