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Minutes 08-04-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 4, 2015, AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Motion 2. Adoption 1 Lori LaVerriere, City Manager James Cherof, City Attorney Judith Pyle, Deputy City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation Pledge of Allegiance to the Flag led by Commissioner Mack McCray Commissioner McCray offered the Invocation and led the Pledge of Allegiance to the Flag. Roll call revealed all Commission members were present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor indicated Item 12.A, under New Business, would be moved to the August 18 agenda. Item 13.A. would be moved forward on the agenda and become Item 3.E under Announcements to accommodate those individuals from out of the area who will need to make transportation arrangements. Commissioner Fitzpatrick pulled Consent Agenda Item 6.B for discussion. Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. August 4, 2015 2. OTHER A. Informational items by Members of the City Commission Mayor Taylor had appeared at three events that most of the other Commissioners had also attended. Due to the extensive agenda, comments were curtailed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Hear legislative update from State Representative Bobby Powell. Representative Powell, Florida House District 88, outlined the boundaries of his District. He reported the session started on March 3rd through May 1 The total number of bills passed was 231. One of the biggest items discussed was the tax cut package. The Governor had estimated a $7M tax cut in the State of Florida. Representative Powell supported the $429M tax package, but there were some areas he did not agree. It was a tax cut for the citizens so he balanced the good with the bad, did a cost benefit analysis and determined the benefits outweighed the costs. The reduction in the Communication Services Tax was highlighted. It would save the average citizen about $20 per year or $1.66 a month. The back to school tax holiday was extended to ten days, August 7 to 17 College students would see the elimination of all sales tax on textbooks for certain classes. The brownfield credit was passed as well as a boat repairs program to reduce those costs. It would bring businesses to the District. The original session ended early because the Florida Insurance Affordability Exchange, the FHIX Program that was prepared by the Senate, could not be agreed upon by the Senate or the House of Representatives. It resulted in a special session being called for June 1 to work on the budget. The two budgets were $2B to $4B apart. The FHIX Program was the Senate's version of health care expansion that would allow those without health insurance who are working to find affordable coverage. It did not pass this year, but he hoped it would move forward in the future. An important issue to Boynton Beach is sober homes. Legislation was passed to allow sober homes to voluntarily register. The homes are covered by the ADA (Americans with Disabilities Act) in terms of fair housing and other benefits. It allows sober homes to register and go through DCF (Department of Children & Families) for certification to be able to continue to be a sober home and help the industry. 2 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Representative Powell noted he had worked to get HB 3 and SB 6 passed that adds sickle cell to the list of diseases that closes the gap for funding. It is a grant that is distributed every year to deal with different medical conditions associated with race and ethnic disparities. Sickle cell was added to the list because the State of Florida rates first for the number of those with the disease. It allows organizations to provide education. Online voter registration passed that would provide a secure website to do so starting in 2017. Bills that did not pass were discrimination in employment practices relating to those with criminal convictions that prevent many from being considered at all due to a past criminal act that does not consider their current situation. Another bill that involved the criminal prosecution of juveniles did not pass. Palm Beach County is still known as one of the highest rates of direct filing of children ages 14 -17 into the adult prison system. Once prosecuted as an adult that status continues. The bill at least started the conversation. Many items did not pass because of the abrupt end of the first session. Enterprise zones have been important in Palm Beach County to fund jobs to build up those areas. In 2015 the program will sunset and another type of program will be considered in the hopes of stimulating the economy in the zones. The gaming and decoupling was discussed, but there was no action this year. There was legislation relating to transportation network companies such as Uber that would probably return next year for further work to pass. Boynton Beach received transportation monies, in terms of grants, funding for the Women's Club, cultural facilities and a window and door repair program that were scratched by the Governor, should receive funding under other programs. The next session would deal with congressional maps and future sessions would deal with Senate district maps. The House of Representatives has 120 members with 81 Republicans and 39 Democrats. In the Senate there are 14 Democrats and 26 Republicans. It is difficult to be fair and strike a balance when one side controls everything. Commissioner Merker mentioned the problem exists in every state and the party that is in the minority has to work harder. Representative Powell recalled in 2012 the Fair District Amendment was passed to ensure the legislature drew Senate, House and Congressional District maps in a fair manner. The efforts did not rectify the problem and there is an opportunity now to correct the situation. 3 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Vice Mayor Casello thanked Representative Powell for his hard work and due diligence for his constituents. Commissioner Fitzpatrick was happy Representative Powell was his representative. Commissioner McCray was glad sober home legislation was passed. He asked the City Manager if sober homes were voluntarily registering and the City's efforts. Ms. LaVerriere indicated the new legislation is a registration that would be at the State level and the City would have no control other than encourage registration. Commissioner McCray was concerned that all the sober homes were coming into District II. Mayor Taylor offered they are established all over the City. Commissioner McCray wanted to be informed of the number of sober homes in District II at this time. Mayor Taylor stressed the registration is voluntary. The homes are protected through the ADA, but the City uses Code Enforcement and Police to address the issue. The City is trying its best to prevent the sober homes from ruining the neighborhoods. It will take an act of the federal government. There is a Senator trying to investigate if sober homes should be under the auspices of the ADA and federal regulations. Mayor Taylor thanked Representative Powell for the update and his support of the City of Boynton Beach. B. Presentation to David Cordrey, Tennis Pro at Hunter's Run, by a member of the Education & Youth Advisory Board, in appreciation for his contribution to the Tennis Carnival Steve Waldman, Chair of the Education and Youth Advisory Board, presented a gift to David Cordrey for his assistance with the Tennis Carnival on April 25 Several of the tennis pros from the facility helped the kids learn tennis and have fun. He thanked Hunter's Run for allowing entry to the development and access to the tennis courts and staff. Mr. Waldman also thanked members of the Education and Youth Advisory Board and Ms. Sherri Claude for her work with the Board. C. Approve changing the date of the first meeting in September from Tuesday, September 1, 2015 at 6:30 pm to Thursday, September 3, 2015 at 6:30 pm to have First Public Budget Hearing on Proposed FY 15/16 Budget in accordance with the Truth in Millage (TRIM) calendar. Motion Commissioner Merker moved to approve the change of the meeting date. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 4 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 D. The schedule for September City Commission meetings is as follows: Regular City Commission Meeting & 1st Budget Public Hearing - Thursday, September 3, 2015 @ 6:30 p.m. in Commission Chambers; Special City Commission Meeting to adopt the final Fire Assessment Rate Resolution - Thursday, September 10, 2015 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2015 -16 - Tuesday, September 15, 2015 @ 6:30 p.m. in Commission Chambers Mayor Taylor announced the upcoming meeting dates to adopt the final Fire Assessment Rate, hold public meetings on the budget and adopt the final millage rate and final budget for FY 2015 -16. E. (As previously noted in the minutes, Item 13.A was discussed at this time) 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Tom McClure, President of the Boynton Intracoastal Group (BIG), was present representing a group of homeowners associations that are along Federal Highway and the Intracoastal, encompassing over 2,400 units. It is organized to further the issues that affect this group of people. He recognized other members who were present and focused on BIG issues. It was established in 2002, ". . . to provide a vehicle to gather information for the membership of intracoastal communities, as well as to collectively provide a uniform voice to address common concerns." Mr. McClure offered the support of the organization to make Boynton Beach a better place to live. State and local leaders would be asked to address the members throughout the year. Mr. McClure thanked Commissioner Fitzpatrick for his effort in supporting and informing BIG of community issues. BIG supports the Boynton Beach Police Department and the COP (Citizens Observation Patrol) program. They do fund the fuel for the vehicle and volunteers drive the cars throughout the communities. (Commissioner McCray left the dais.) There would be a golf tournament on November 16 in support of the first responders and COP program. There would also be a Heroes' Dinner in March, 2016 to honor a civic individual, a hero from the first responders and one of the volunteers who go above and beyond to aid others. Mr. McClure offered the assistance of BIG to the Commission to make the City a better place to live. (Commissioner McCray returned to the dais.) 5 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Mayor Taylor thanked Mr. McClure for coming forward and commented the willingness to work together is the way things get done. Vice Mayor Casello praised Officer Swan for being helpful to communities throughout the City and did an outstanding job. Harry Woodworth, 685 NE 15 Place, President of INCA (Intracoastal Cove Association) added the two organizations would working together to further common interests east of Federal. ATT was still working on removal of the ten wooden poles. Hopefully the sidewalk can be reconstructed and repaired soon. Vice Mayor Casello agreed there was the same issue along Lawrence Road, but the response seems to be quicker. Sara Younger, 819 SW 2 Avenue, a solar artist, advised a number of local government officials want to see a market for solar in the State of Florida. They are upset by the decision of the Florida League of Cities to oppose the Floridians for Solar Choice ballot initiative without bringing the matter to a committee for a vote. Ms. Younger requested the Commission sign on to an open letter asking the League of Cities District Board Members to withdraw the brief against the ballot initiative. The Floridians for Solar Choice will reduce barriers to solar energy and bolster consumer choices with competition in a market that will create jobs and keep energy funds in the area. The ballot initiative has been supported by over 40 partner groups. Jonas and Jules Wright, lived in the Cherry Hill area, 508 NW 11 Avenue, and wanted to make the Commission aware there have been many shootings and shedding of blood in the area. The issues escalate when block parties are permitted to be held in the area. There was recently a party so big the police pulled out. It started again and it creates an environment for trouble. The police do respond, but they remained concerned and wanted to assist in resolving the problem. It has been escalating since the improvements have been made and bringing more problems into the Cherry Hill area. Mayor Taylor suggested the Wrights speak with Commissioner McCray and the Police Chief to get the details of what was occurring. Commissioner McCray was very much aware of the problem and acknowledged the Wrights as his cousins. Sonny Garcia, 1631 NW 3 Lane, spoke about the possibility of drones being flown at Ezell Hester Center. He suggested a park or vacant lot be found to fly the drones rather than near 1 -95 and where many children are daily. Mr. Garcia did not want the drones flying over his home. Mayor Taylor realized the drones can be flown anywhere in the City except the City parks. Staff was addressing the concerns and trying to find a designated area to control their use. 6 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL 7 Michael Weiner, was present on behalf of Future Auto Group to discuss the changing of the industrial zoning. One aspect of the zoning changes has been internet sales in industrial areas. He hoped to spur the thought of looking at industrial areas and what is occurring in terms of internet sales and maybe move forward as quickly as done with landscape debris stockpiling. Vice Mayor Casello wanted clarification of Mr. Weiner's reference to Internet sales. Mr. Weiner responded people are not shopping by visiting a designated location, rather ordering from warehouse space. Many times paperwork is required. Due to the economy and trends for industrial land, the change should be addressed in the zoning Code to allow these kinds of casual sales to occur. It would improve the use of the industrial land, increase the number of tenants and modernize the Code in terms of the activity of consumers in the South Florida area. Commissioner Merker understood Mr. Weiner wanted support for businesses doing Internet sales. Mr. Weiner clarified the Code is changed only if the Planning and Zoning Department initiates change. All that would need to be supplied would be an explanation of how a business would operate, follow the regulations and allow for the kind of activity that could occur in the industrial zone. Currently, only wholesale sales are allowed. The end users are actually buying goods. It would require a change in the language of the zoning Code to allow for sales to the end users, not just wholesale. (Commissioner Merker left the dais.) Steve Anton, 234 SE 2nd Avenue, pointed out there has been high profile news coverage regarding a problem with underage prostitution. The fact it is being publicized makes it . a stain on Boynton Beach that will be hard to remove. Mayor Taylor complimented the Police Department for breaking a ring of teenage prostitution arresting over ten individuals. (Commissioner Merker returned to the dais.) No one else coming forward, Mayor Taylor closed public audience 5. ADMINISTRATIVE August 4, 2015 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 1 Alt Recreation and Parks Board: 1 Alt MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner Fitzpatrick moved to appoint Hollis Tidwell as an alternate member of the Historic Resources Preservation Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Mayor Taylor nominated Daniel Schapiro to serve as an alternate on the Recreation and Parks Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Vice Mayor Casello inquired if the alternates are automatically considered to become a regular member of a Board. Mayor Taylor responded the Commission had to approve any change. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15 -084 - Approve the temporary closing of Federal Highway on Saturday, December 5, 2015 for the annual Holiday Parade, and authorize the City Manager (or designee) to apply for the State permit for the temporary road closure. B. PROPOSED RESOLUTION NO. R15 -085 - Authorize the City Manager to sign an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for providing Fire Rescue Services. Commissioner Fitzpatrick had pulled the item for discussion. He expressed concern the City was offering a lower rate to the Village of Golf than the citizens of Boynton Beach pay for fire service as measured by the property taxes and millage rates. He would not support providing the services that were being paid for by the middle class and those on fixed income within the City of Boynton Beach. He also questioned if a change to 8 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 merge with the County would create a problem to break the contract. Attorney Cherof noted there is usually a clause to deal with any such possibilities and would be the subject of negotiations with any third party taking over the service. A couple of solutions may be available. There is currently no specific language in the agreement. Mayor Taylor established there was an increase from $158,000 to $200,000 in a ten year contact with the current multiplier of a 4% increase per year or the May consumer price index, whichever is greater. The Village of Golf has a total budget of approximately $1 million. Motion Commissioner McCray moved to approve Resolution No. R15 -085. Commissioner Casello seconded the motion. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). C. PROPOSED RESOLUTION NO. R15 -086 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/2016, and the contracts for sub - grantees to reflect the proposed expenditures. Adoption includes allocation of FY 2015/16 CDBG funds of $472,711 and the reprogramming of unexpended funds from previous years of $422,737. D. Approve renewal of the "Annual Bid for the Purchase of Cleaning Chemicals and Janitorial Supplies" Bid # 067 - 1412- 14 /MFD to Pyramid School Supply and Calico with price increases. The purpose of this bid was to secure suppliers for the purchase of cleaning chemicals and janitorial supplies for the City's departments on an "AS NEEDED BASIS ". E. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ending June 30, 2015. F. Approve Amendment 1 to Globaltech in the amount of $28,793.30 for additional design and consulting services for the Raw Water Main - Section C project. G. Approve funding in the amount of $15,000 for a Commercial Build Out Grant to Driftwood Ales LLC, 108 Commerce Road, Boynton Beach, Florida, 33426. H. Approve a $5,000 donation to the Boy Scouts America, Gulf Stream Council. I. Approve the minutes from the Regular City Commission meeting held on July 21, 2015, Special City Commission Meeting held on July 14, 2015, Strategic Planning 9 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL Meetings held on June 16 and June 17, 2015 and Special Commission Meeting held on September 12, 2013. J. Approve an increase of $14,300 to Blanket Purchase Order #150081 issued to Fisher Scientific Company LLC, bringing the purchase order amount to $38,500 utilizing State of Florida Contract #411- 2000 -15 -ACS which expires on March 31, 2020. K. Approve a $16,000 increase to Blanket Purchase Order #150270 to Precision Air Systems, Inc. of Wellington, FL for air conditioning repairs /services needed at various City Buildings increasing the purchase order from $34,000 to $50,000. The City is piggy- backing the Palm Beach County School Board Contract #10C -92T with an effective date of 10/01/14 thru 9/16/15. L. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 14/15. M. Approve increase to the bid award for the "Replacement of the HVAC System for the Art Center" to SUPA Air and Heat Inc. of Hollywood, FL in the amount of $9,500 for a revised cost of $56,150. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING Motion August 4, 2015 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. 15 -019 - FIRST READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, Chapter 1, Article II (Definitions), and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) to establish a new use — Landscape Debris Stockpiling, including the zoning district where such use is allowed (M -1), and corresponding approval processes, and site, use and operational restrictions and standards. City initiated. Attorney Cherof read Proposed Ordinance No. 15 -019 by title only on first reading. Commissioner McCray moved to approve Ordinance No. 15 -019 on first reading. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. 10 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Commissioner Merker had been informed there were a list of obligations that should be done to verify the property is proper for this usage. He was aware the Chair of the Planning and Development Board spoke for the owner. It had been indicated the issue would not go before the Planning and Development Board. Commissioner Merker questioned if Mr. Katz was a lobbyist for the company involved. The idea Mr. Katz is Chair of the Planning and Development Board and the Commission is considering shortening the time span to fully vet the issue, raised questions on the legality of the procedure. Commissioner Merker was also led to believe that the company doing the recycling was not in a rush to have the issue resolved. Supposedly there are only 10 employees rather than what was previously stated. Attorney Cherof recalled the concept was to have first reading of the Ordinance on August 4 and the second reading on August 18 The Planning and Development Board regularly scheduled meeting would have occurred after second reading. For that reason, there is a special meeting of the Planning and Development Board on August 12 for their review and to make a recommendation to the Commission. Whether Mr. Katz was a lobbyist was answered at the last Commission meeting by Mr. Katz that he was not a lobbyist. There would be no other prohibition for any member of the public including the Chair of the Planning and Development Board from expressing a point of view on an issue that would come before the Commission. Ultimately, if a conflict of interest is identified at the Planning and Development Board it will be revealed at that meeting. Commissioner Merker reiterated his concerns. There is procedure and political maneuvering occurring. Attorney Cherof further explained the sequence of adopting an ordinance normally takes much longer, but the will of the Commission has been to expedite review of the ordinance because of a particular use. He cautioned that the Ordinance is not site specific and applies to all potential businesses of this nature in the M -1 zoning district. Andrew Mack, Interim Development Director and City Engineer, clarified there is a list of items that anyone applying for a Business Tax Receipt (BTR) would have to comply within 12 months. Many of the provisions were written for this type of use in the preliminary investigation and would comply. There may be changes needed and the 18 -month pilot time period would apply for any revisions. It also removes the grandfathering so in 18 months there will be the opportunity to revoke the ordinance to let it sunset. Obviously staff would rather have the time to do a thorough study. 11 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL Vote August 4, 2015 Deputy City Clerk Pyle called the roll. The vote was 4 -1 (Commissioner Merker dissenting). 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Commission discussion and direction on disposition of the Old High School. Ms. LaVerriere noted as a result of the Strategic Planning Session in June, the Commission asked this item be placed on the agenda to have a discussion on demolition of the Old High School. An updated quote for the cost of demolition came in at $190,000 plus cost to relocate some electrical and IT lines that would be an additional $10,000. With contingency, restoration of the property and other actions, the estimated total cost of demolition would be between $250,000 and $275,000. Commissioner Fitzpatrick pointed out there were a limited number of historical buildings in Boynton Beach. OId buildings restored in other municipalities have been an asset to those communities. He surmised the Old High School would add to Boynton Beach. The idea the City cannot afford to save both the Women's Club and Old High School is not an appropriate choice. Ultimately, Commissioner Fitzpatrick was in favor of giving the Old High School one more chance and put together a citizen's committee to work toward restoration. Commissioner McCray had sat on the Commission before when a citizen committee promised to raise funds and save the Old High School. The dollars did not appear and no one reported any funds raised. Saving history is like Poinciana Elementary School that was a high school. Individuals approached a prior Commission and asked to save their history. Reverend Davis broke down in tears questioning why their history had to be taken away. The only history that remains is memories. It is nice to save things if it is possible. At this time, the OId High School is in total disrepair and the City needs to move forward. Commissioner Merker noted Treasure Coast Planning Council was paid $60,000 and they created four plans with the Old High School to reflect the desires of the community. There is a pending lawsuit with no final decision. He was confused why time and money has been expended with the idea of using the Old High School that is now being torn down. He had previously agreed it should be torn down, but now felt it was wrong 12 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 to vote for demolition with issues outstanding, money spent and not recognizing the desire of the people. Mayor Taylor stated the building was a hazard and has been for years. The roof has caved in and a hazmat suit is required to enter the building. The Children's Schoolhouse Museum has been preserved and the City pays a minimum of $200,000 a year to maintain it. The same people continue to ask that the Old High School be saved. The City does not have the money and it will not have the money in the near future. It will cost $1.2M to preserve it to fall down. It is time for it to be torn down. The Treasure Coast Planning Council did do four plans with the Old High School and they were directed to resubmit plans without the Old High School and they did. There are plans for the Town Square project and developers express concern about the Old High School in the middle of any project. Mayor Taylor thought there may be more developers interested in the Town Square if the expense of tearing the building down was eliminated. It would send a strong message. Saving the cornerstone for a historical monument would be appropriate. There has been input for years with nothing done. Vice Mayor Casello thanked all those who expressed an opinion about the Old High School. It is a structure that possesses memories. Figures had been submitted in 2011 to make the building tight that range from $2.5M to $3.2M. For 20 years the school has been closed and deteriorating. Previous community leaders did not feel it necessary to preserve his piece of history. There have been no grass roots efforts the last two and a half years to develop a plan or secure funding to begin preservation. There is no money available. There is a tree growing out of the roof, the facade is peeled off and barrel tiles are loose. Saving the building should have been done 15 years ago. The building is not safe. Developers see the building and step back. Vice Mayor Casello proposed moving Boynton Beach forward rather than making an emotional decision that will cost thousands of dollars the City does not have. The cost of demolition will have to be budgeted. The time has come and the City needs to move forward. Commissioner McCray inquired about the status of the lawsuit and Attorney Cherof advised the pending lawsuit has nothing to do with the development plan for the building. There were two lawsuits filed. The first one the City won and the pending action is a breach of contract that does not involve the building. Commissioner Fitzpatrick commented, in his opinion, Black history has been under- reported in this country which is sad and should be rectified. Because the Black community high school was torn down is not a reason to tear down what had been the white community high school. He agreed with Vice Mayor Casello the restoration should have been done 20 years ago. Since then it has been malignant neglect. He felt there was enough initiative to develop a plan and restore the building. It may take time, but it could be a community event that builds spirit. There may be volunteers who 13 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 could get involved in repairing the building and contractors to do the painting for considerably less than estimated. Mayor Taylor advised the same arguments have been presented over and over again, but not one dime or dollar has been brought forth. Motion Vice Mayor Casello moved to move forward to demolish the Old High School. Commissioner McCray seconded the motion. Vote The motion passed 3 -2 (Commissioners Merker and Fitzpatrick dissenting). Mayor Taylor allowed public comment. John Markey, Boca Raton, supported saving the Old High School. He is the managing member of Blackrock Residential Opportunity Fund and JKM Developers. He was committed to the Boynton Village project and the traffic light at Old Boynton Road and Renaissance Commons Boulevard. The change in the site plan shows a commitment to the community and to planning. Mr. Markey indicated he was a managing member of the largest financial institution on earth and in his opinion tearing down the building is a travesty. It is the lynchpin of any redevelopment of the 17 acres. Mr. Markey claimed two years ago he had a plan for the Old High School and would underwrite redeveloping the entire area. At the time the City was in an agreement with another individual. He has had many informal conversations with staff on the project. It can be done. His organization has a financial commitment to the community and expertise in doing large complicated projects. He implored the Commission to not knock the building down. Mr. Markey advised he could not get involved while a lawsuit is pending. Mayor Taylor noted he had other developers making the same assertions, but on examination they all walked away. Commissioner Merker felt out of respect to Mr. Markey's company and out of respect to the City and the people, the matter should not be decided at this meeting. Commissioner Merker also thought, according to the ordinance, a replacement is required if the building is torn down. Attorney Cherof replied a replacement is not required. Mark Karageorge, 240A Main Boulevard, remarked it has been 20 years since a developer proposed a joint venture, public and private. It was not supported. Treasure Coast Planning Council suggested a public /private venture. Treasure Coast did not 14 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 determine the cost, who would invest or the source of funding. Many have come forward, done their due diligence and walked away. History should be preserved. The pending litigation is a frivolous lawsuit. Mayor Taylor stressed the lawsuit does not involve the building. Mr. Karageorge asserted, if the building is gone there would be leverage for a further appeal. Attorney Cherof reiterated the breach of contract case does not seek the use of the Old High School. It seeks monetary damages for breach of contract. Mr. Karageorge suggested the matter be tabled. It would be prudent and cautious. Voncile Smith, 1747 Banyan Creek Court, recalled three years ago the Old High School had been examined and said duplication would cost over $20M. It is hollow tile construction, not cement block. There are other possibilities. Fundraising requires cooperation and assurances from the City Commission that the area will be developed. She suggested the money used to demolish the building could be given to the historical society as seed money to begin fundraising. The City needs a cultural center. It is hurricane sound, regardless of the interior. Restoration architects can attest the building remains structurally sound. She urged the Commission to save the building for the City of Boynton Beach and the people. Barbara Ready, 329 SW 13 Avenue, pointed out the actual wording of the Historic Preservation ordinance relating to building construction and historic preservation requirements, removal of historic designation requirements, maintenance and repair of designated properties and the process for demolition. Every study done describes the building as an existing asset. Ms. Ready referred to minutes of January 21, 2014 when an award was given to the City for the Old High School. A copy of the minutes can be obtained from the website or at the City Clerk's office. She felt it would be an embarrassment to knock down an award - winning asset. Mayor Taylor reiterated the building created a safety hazard and it should be torn down. The same arguments have been presented many times and not a dime has been raised. Professionals walk away because the cost is prohibitive. The City does not have the funds needed and other things would take priority if funds were available. Commissioner Merker argued if the matter has been ongoing for years, a few more months would not be detrimental. He reiterated his claim that the pending lawsuit had to be resolved before a decision is made. Ms. Buehler, 2523 Lake Drive North, agreed the biggest issue was funding. If a developer was willing to save it, she could not understand why it would be knocked down. Saving history gives the residents a sense of pride in their City. This could be a stepping stone for other historic buildings. Susan Oyer, 140 SE 27 Way, expressed her support for keeping and renovating the Old High School. The City is exceptionally lucky to have a historic planner, Warren Adams. The City of Boynton Beach is one of the oldest cities in the County. Ms. Oyer 15 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL asked the Commission to support the re- purposing of the historic building, a true treasure. She would volunteer to work on any committee to deal with the Old High School. Steve Anton, 234 SE 2 " Avenue, asserted the building is stronger than any other building in the City of Boynton Beach. There are architectural reports indicating it is a good, sound structure. The building held 70% of the population of Boynton Beach during the 1928 Category 5 hurricane. Mr. Anton claimed the citizens had directed the building be saved and all the staff studies agreed it should be saved. Mayor Taylor noted there has never been a referendum vote. He was elected by the majority of the citizens of Boynton Beach to make the decisions. In his opinion, the building is not historic. It is an old building. He had served on the Palm Beach County Historic Board and saved historic buildings. The vote was taken and it was three to two to tear it down. Mr. Mack advised, if the building is to be demolished, the historic designation has to be removed. Attorney Cherof advised an ordinance will be brought before the Commission rescinding the designation. Ms. LaVerriere added the funding source has to be determined because it is not currently budgeted. Mayor Taylor indicated he would also work with the Community Redevelopment Agency to find monies. Commissioner Merker vigorously argued there was no funding available and yet the demolition was being planned. Mayor Taylor declared he was out of order. 12. NEW BUSINESS A. Consider staff analysis of existing regulations applicable to gasoline sales uses contained in the Land Development Regulations, Part 3. Zoning, Article IV. Use Regulations, Section D. Use Matrix & Notes, and direct staff relative to recommended amendments that in part, support continued operation and expansion of existing gas stations. (This item was previously moved to August 18, 2015 meeting) B. Continue discussion regarding financial feasibility of outsourcing police and /or fire /rescue services to Palm Beach County. Commissioner McCray was not in favor of outsourcing the services. Vice Mayor Casello remarked, with the escalating budget and public safety consuming 67% of the budget, he questioned if there would be a cost savings to contract with the County for fire and police. There were prior discussions in 2012 and a partial study was completed. At that time there was a proposal for $22M to have the Sheriff's office run the Police Department and the City was paying $25M. There was a difference. 16 August 4, 2015 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL He suggested that the City entertain putting the issue on the ballot in the next election to ascertain the public opinion. If the public has an interest, then direction can be given to get the reports to compare. If the vote is against obtaining the information the issue would be dropped. If a new police station is required, the only funding source would be a higher millage rate or a bond issue. (Commissioner Fitzpatrick left the dais.) Commissioner Merker questioned how the statement was made we had the best public safety departments, yet suggest outsourcing the functions. The remarks appeared to be political according to Commissioner Merker. The police reorganization illustrated true team work. What the citizens of Boynton Beach want has to be the primary force. The citizens want security and safety. Vice Mayor Casello clarified he was not running for political office. The issue is affordability. Mayor Taylor was not in favor of outsourcing police and fire. They do a great job. He understood future affordability is a concern. Vice Mayor Casello suggested a survey distributed in the utility bills may be sufficient. Mayor Taylor favored a survey. Commissioner Merker felt it was a contradiction. 13. LEGAL August 4, 2015 A. PROPOSED RESOLUTION NO. R15 -087 - Approve a Fourth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., ( "ATS ") for the Red Light Traffic Enforcement system. Harvey Oyer, representing American Traffic Solutions as a lobbyist, reviewed the Red Light Program. This week, ironically, marks the National Stop on Red Week, sponsored by the Federal Highway Administration. There is a top ten list of why stopping on red is critical. Most of us know or knew someone who has been killed or maimed by a red light runner. The dollar cost to Americans exceeds $200B a year, an extraordinary cost to society that is avoidable. The City of Boynton Beach is now four and a half years into a five year contract with ATS, commencing in May of 2011 as a pioneer with a red light camera program. It was enacted by the City, before the State Legislature made it a uniform traffic citation violation. There are 15 cameras installed at seven intersections. During that time, to March, 2015 there was a 38% decrease per day, per camera in red light running. It is comparable to the national and state averages of other red light camera programs. The majority of violators are not Boynton Beach residents. There is a very low recidivism rate. The lights and cameras were designed to modify behavior and have been effective. The cameras also provide 24 hour -a -day surveillance to the Police 17 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Department to solve other crimes. The videos have been requested and used 230 times. Other communities pay hundreds of thousands of dollars a year to set up surveillance in areas for crime prevention and resolution. The City of Boynton Beach receives the coverage for free because the video belongs to the City. State -wide statistics show there are 80 jurisdictions that have red light cameras. Fatal crashes at intersections with cameras have been reduced 49 %. The estimated number of lives saved per year is 18. In Palm Beach County the data compiled by Palm Beach County Traffic Engineering revealed, while accidents decreased 28% at camera intersection, it was increasing 15% at non - camera intersections. It is a differential of 43 %. The majority of people receive one ticket and it modified their behavior. Those who got a second ticket are a small percentage and fewer than 2% are the individuals with three or more violations. Red light cameras truly do modify driver behavior. Sideswipe crashes decreased in other jurisdictions with very similar results throughout the State of Florida. A large share of the money collected goes to the State. It began as a local Code Enforcement violation and the enacting ordinance made it enforceable against everyone in the State. Many major roadways are State roads and the ordinance allows cameras to be placed in their State road right -of -way. The City receives a portion of the money and $3 from each ticket goes to the Miami Project to Cure Paralysis. There is a direct relationship been paralysis and red light running. The local trauma centers receive $10 from each ticket. The public quickly realizes the red light cameras are not being monitored and running red lights become a problem. The City cameras have recorded a 30% increase in red light violations since tickets were no longer issued. In the four and a half years since the cameras were installed there has been a 38% reduction in red light running. All of the 52 cities in the survey experienced a change in driver behavior, greater public awareness, reduction in recidivism, reduction in crash severity and reduction in number of crashes and pedestrian safety. A large percentage of those injured at intersections are pedestrians and bicyclists. The cameras are endorsed by the Florida League of Cities, the Florida Police Chiefs' Association and many other agencies including the U.S. Conference of Mayors and U.S. Department of Transportation. In spite of the challenges, 70% of the Floridians and Americans support red light camera programs. The red light cameras take all the subjectivity out of the process. It is completely objective, color blind and with no discretion or bias. Mr. Oyer indicated he had asked Melissa Wandall to be present because her husband was killed by a red light runner and was the impetus for the The Mark Wandall Traffic 18 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL 19 August 4, 2015 Safety Act. She is the national spokesperson for Stop On Red and she sent her encouragement that the program continue that was pioneered by the City of Boynton Beach and received unanimous approval by the Commission. Mark Buoniconti was present and had been paralyzed by a tackle in a football game. He now Moves people to understand the tragedy of paralysis and to join him in finding its cure. He is the Founder and President of the Miami Project to Cure Paralysis and other organizations fighting for a solution to assist with paralysis and change the way the world thinks about paralysis. The $3 per ticket revenue is making a huge difference at the Miami Project to Cure Paralysis. The Foundation is now working on clinical trials in humans with cellular transplants. The trauma centers that receive funding are seeing a reduction in injuries related to car crashes and red light running. The funds are not only helping to cure paralysis, but also saving lives of those who run red lights and are victims of accidents. It is an extremely important issue. The $158 fine is for running a red light, one of the most egregious offenses of driving. The City has a unique position to impact lives by doing the right thing and making the community a safer place. Mr. Buoniconti implored the Commission to pass the issue and let the red light cameras continued. Mayor Taylor indicated he had followed Mr. Buoniconti since his accident and admired his work and courage to try to cure paralysis. Mr. Harvey asked the Commission to approve option four that resolves all issues and gets the program operational again. Attorney Bridgeman detailed the four options available. The first option would be to do nothing and keep the cameras off and issue no citations. The City would still have an obligation to follow the contract and pay about $800,000 until the contract ends in May, 2016 without any services in return. The second option would be to terminate the contract with ATS immediately. The City does have an obligation to make its best efforts to conclude the contract and pay the month amount as agreed. If the contract is terminated by the City, ATS would likely file a legal challenge to the City's decision and the monthly payments would be discontinued. However, legal fees would be assessed and if the City is determined to have breached the contract, the $800,000 would be due. The third option would involve amending the ATS contract solely to modify the program to turn the cameras back on and follow all of the opinions that have been handed down in the Courts. The contract would naturally end in May of 2016. A decision would have to be made whether or not to renew the contract for an additional five year term. The fiscal impact would be payment of $800,000 and $4,750 per camera, per month and no credits would be applied. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Option four is recommended by City staff and requested to be approved by ATS by amending the contract to modify the City's program, provide financial credits to the City for the past three months and renew the contract for an additional five year term. If by October 3, 2016 the Commission decides to discontinue the program, a letter can be issued to ATS to terminate the contract for any reason. This would add seven months to the contract to allow the program to move through the Courts. Instead of the $4,750 fee per camera, per month, there would be a $500 reduction per camera, per month from August 1, 2015 through May 2021 and get the three month credit from ATS. It would make the City financially whole in that respect. Attorney Cherof reminded the Commission, the reason for the fourth amendment is because once ATS was notified the City felt the contract could not continue, the same contract provided an opportunity for ATS to cure the defects in the program. This addendum is ATS's best effort to remedy the issues raised in the Court proceedings and cure the problems identified. It is important to note the Court actions are not final and subject to appeal. There have been conflicting Court opinions. Mr. Oyer related ATS was in complete agreement with Attorney Cherof. Only one of five District Courts has ruled the cameras are not legal based on the case in Hollywood, Florida. The Hollywood contract is different than the Boynton Beach contract. It has been agreed that any contract language be amended that may be perceived as not being in compliance with the decision on the Hollywood case. Most of the disputes revolve around who makes the final decision on the issuance of a ticket. The Boynton Beach Police Department has always made the final determination. Mayor Taylor opened the issue for public comment. Ramona Young, 9966 Boynton Gardens Way, had received a ticket that she paid, but contended there was a gap in the timing when two vehicles go through an intersection that only the second vehicle is photographed. She was angry about the violation. She abides by the law and thought the cameras were a big "rip off". There should be another option pursued and the matter carefully reviewed. Mayor Taylor explained Ms. Young could have gone to the magistrate hearing with the explanation. Ms. Young asserted she did not have the time or the energy or patience to pursue a hearing and argument. She argued the red Tight cameras were being questioned and the Commission should reconsider their use in the City of Boynton Beach. Steve Anton, 234 SE 2 Avenue, opined the Commission was purchasing a system that would observe the citizens and further intrude into individual lives everywhere. The Constitution declared this would not occur and yet it is allowed to creep into everyone's lives. Mr. Anton referred to it as "prostitution of the Constitution ". An individual cannot question the camera or the technology. It is a deeper problem than realized. It is not just the money involved. 20 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Robert Pollock, 210 NE 22 " Avenue, questioned the distribution of the money collected from the fine. He would not argue if the money was spent to beautify the City or put back in for redevelopment. Mayor Taylor explained there were expenses and personnel cost to administer the program. There are months when not enough money is collected to pay the monthly fee to ATS for the cameras. The new agreement would allow the payments to smooth out month to month for a more consistent expense. The intent is to save lives and injury. Any monies that are not used to cover the cost of the program, is deposited in the General Fund to be used for the community. Bro. Victor Norfus, 261 N. Palm Drive, offered the cost was prohibitive with the only cure being to issue more tickets. He inquired how many actual accidents have been captured that would support lives saved. Bro. Norfus did not like the idea of electronic surveillance replacing police. He had just been in an auto crash at a stop sign in West Palm Beach. Unless the cameras can quantify lives saved, the assertion cannot be made. The totality of the program has to be considered. More police surveillance is needed at the intersections rather than cameras. The issue is not electronic surveillance ticketing innocent people and saving lives if the data cannot be quantified. He questioned how many accidents had been recorded to provide the data to support the program. Mayor Taylor recalled there was a 38% decrease in red light violations. Commissioner Merker had received a ticket and paid the fine because he was guilty of the violation. The key is psychological and the resulting behavior changes. Safety rather than dollars should be the primary concern. Technology only improves over time and is now saving more and more lives. Commissioner Merker would vote in favor of continuing the program to help the masses, not individually. The additional surveillance can only enhance the safety of all citizens. Vice Mayor Casello inquired what the City paid monthly to ATS and Attorney Bridgeman replied it was $74,000 for the service provided. There is a distinction between the monthly fee paid and how the fines are distributed. Tim Howard, Director of Finance, reported of the $158 fine, $83 goes to the State, $75 goes to the City. ATS receives nothing from the fines paid. Vice Mayor Casello asked how many municipalities had installed the red light cameras and it was estimated eight or nine. All of the contracts have expired and they decided to wait and see what happens with other municipalities. Attorney Bridgeman emphasized the cameras have never been ruled illegal. There is an appeal pending relating to the decision that resulted in the cameras being turned off. Other jurisdictions in Florida have won appeals with the old program. The proposed changes would further enhance the likelihood of success in the Courts. Vice Mayor Casello inquired if there was language in the contract allowing the City to terminate the contract if insufficient revenue was being generated. Ms. Bridgeman explained it is a cost neutrality provision that is settled at the end of the contract. 21 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 It was argued there was no reason for anyone to pay a ticket if the cameras were turned on, pending the final Court decision and based on all the tickets that have been thrown out. In response, the program has been modified to address the concerns of the Court. There are options available if a ticket is issued. The modified program cannot be tested unless tickets are once again issued. Vice Mayor Casello asserted the tickets have been tested in Court and thrown out. Now the new program should be instituted and appeals taken to test its validity. Another judge could do the same as before and throw the new tickets out the window. He asked if there was a class action suit by the people who paid the original tickets issued. There would be a possibility that the City would have to return the monies collected previously. Commissioner Fitzpatrick recalled the videos he had seen were very scary. The pictures sent with the notice of violation do not clearly represent the violation. There is essentially no question of a violation. Commissioner Fitzpatrick did not feel there was an expectation of privacy at a public intersection. More police are needed, but the cost factor has to be considered. Having eyes on the intersection is the most cost effective solution. Commissioner McCray asked Chief Katz how many intersection accidents have occurred while the cameras were turned off. Chief Katz responded there was a 23.4% increase of crashes in intersections. There have been no fatalities. Commissioner McCray respected the courage of Mr. Buoniconti, but noted paralysis comes from various acts and situations. He applauded the individuals who came forward to speak and the cities that discontinued the contracts with ATS. He could only vote to continue the current contract through May 2016 and then it should be terminated. In his opinion it was a money- making venture and he would only support the program until the contract expires. Mayor Taylor was aware that many municipalities in the County have gone through the same processes and are now operating. He stressed continuing the contract until May of 2016 would cost the City over $1M. Option four will allow the City to save money. The $222,000 fee covering the last three months will be excused and each camera will be reduced by $500 a month. The contract can still be cancelled next year. Vice Mayor Casello surmised ATS was requesting the contract be extended for seven months and then sign a five year contract. Attorney Cherof interjected there is a clause that allows the City to terminate the agreement with no penalty, for any reason, on December 31, 2016 by providing written notice of its intent to terminate the agreement to ATS on or before October 3, 2016. This is a free out for the City. Vice Mayor Casello asked why ATS wanted the seven -month extension and Mr. Oyer explained it would allow recovery of the cost to refund the City $220,000 and the reduction in the cost for the City going forward. The seven -month extension would 22 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL allow time for the test cases to make the way through the Court system. There is a tremendous ongoing expense to operate the camera system. It was asserted most of the violations occur because people are distracted rather than a willful attempt to run the red light. Boynton Beach should not be the test case. The challenges should be allowed to go through the Courts and if upheld, turned back on. Mayor Taylor had seen drivers intentionally running lights on a daily basis. Commissioner Merker noted once a ticket is received and paid, drivers slow down. ATS is a business entity and their product assists mankind. The issue is safety, not dollars or self - guilt. Motion Mayor Taylor passed the gavel and moved to adopt option #4 to amend the contract and the particulars listed. Commissioner Merker seconded the motion. Vote 23 August 4, 2015 The motion passed 3 -2 (Vice Mayor Casello and Commissioner McCray dissenting). B. PROPOSED ORDINANCE NO. 15 -017 - SECOND READING - PUBLIC HEARING - Approve request to abandon a 10 -foot wide utility easement in conjunction with the iStorage Warehouse Addition project (MSPM 15 -005) under concurrent review, located at 2951 SW 14th Place within the M -1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 15 -017 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15 -017. Commissioner Merker seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4 -0 (Commissioner Fitzpatrick was not present for the vote.) C. PROPOSED ORDINANCE NO. 15 -018 - SECOND READING - PUBLIC HEARING - Adopt an ordinance to sunset the Cemetery Board of Governors. Attorney Cherof read Proposed Ordinance No. 15 -018 by title only, on second reading. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15 -018. Commissioner Merker seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4 -0 (Commissioner Fitzpatrick was not present for the vote). D. PROPOSED ORDINANCE NO. 15 -020 - FIRST READING - PUBLIC HEARING - Approve Ordinance amending the Green Building Fee section of the Land Development Regulations, Part III; Chapter 2; Article I; Section 5.D.2.C; to be incorporated into the Building Division fee schedule. Attorney Cherof read Proposed Ordinance No. 15 -020 by title only, on first reading. Motion Commissioner Merker moved to approve Ordinance 15 -020 on first reading. Commissioner McCray seconded the motion. Vote 2015. 24 August 4, 2015 Deputy City Clerk Pyle called the roll. The vote was 4 -0 (Commissioner Fitzpatrick was not present for the vote). 14. FUTURE AGENDA ITEMS A. City Commission discussion of Independent CRA Board - September 15, 2015 - per direction from the FY 15/16 Strategic Plan sessions. B. City Commission to review Legislative Priority List for upcoming Legislative Session - September 15, 2015 C. Extension of Lobbyist Contract - September 15, 2015 D. Ordinance to amend parking permit fees (Annual and Daily) - August 18, MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:38 p.m. ATTEST: M. Prainito, MMC Clerk kith A. Pyle, CM puty City Clerk 25 CITY OF BOYNTON BEACH ✓ or yor Michael M. Fitzpatrick, C August 4, 2015 e Ta asQUo, Vice or, J L David T. - er ommis cCray, Commis loner AhigiMillia 4it trr er miss oner July 7, 2015 On June 10, 2015,the Florida League of Cities, in conjunction with the Florida Municipal Electric Association,filed an initial brief with the Florida Supreme Court in opposition to the Floridians for Solar Choice ballot initiative. We,,the undersigned members of the Florida League of Cities find that the submission of the brief was filed outside of the appropriate League protocol and that the arguments presented in the brief are alarmist, unsupported and speculative.As such, we call for the League to withdraw the initial brief filed with the Court. As a threshold matter,such legal filings should be subject to a vote of the League and should moreover be reviewed and approved by the environment and energy committee. Neither was done in this case, and we are left wondering whether League members or the staff is driving the filing of the opposition brief to the solar amendment. The solar petition language would allow the sale of power from an entity other than a utility limited to solar power systems with a size limitation of 2 megawatts (MW).This would provide more solar ownership and financing options that can promote solar development in the state. The solar petition, if it passes the Court's constitutional review, and receives the appropriate number of verified signatures will appear on the ballot in 2016 for voter approval. The substantive arguments in The League's brief are aggressive, speculative, and some are well outside the League's scope or expertise. For instance,the brief argues that the amendment might create inequitable rate structures between solar and non-solar customers.When did the League's interest include utility regulatory ratemaking design and policy? Moreover,arguments related to material future negative impacts to local municipalities due to reduced utility revenue and the local fees dependent on such revenue,such as franchise fees and public service tax is again, highly speculative and unfounded. First,this issue has already been addressed by the state's Financial Impact Estimating Conference(FIEC) statement after weeks of study and consideration of input from a number of interested parties.That statement will appear on the ballot for voters to view,should the petition make it on the ballot in 2016.The FIEC, an entity that specialized on impacts and costs to state and local governments, concluded the following as it relates to reduced revenue: "the timing and magnitude of these decreases cannot be determined because they are dependent on various technological and economic factors that cannot be predicted with certainty." Utility revenue can be influenced by any number of factors, including the economy and weather. It is uncertain any reduced revenue may take place, and should be considered in the context of additional fees and economic development increased solar development will create in our communities. Secondly, Florida's utilities have approximately 60,000 MW of generating capacity.The capacity of customer-sited solar power currently stands at a mere 60 MW. In fact, only 6,600 customers of the 9 million Florida electricity customers currently generate some other their power from solar systems.This represents 0.07 percent of all customers.At these levels, negative impacts to municipalities from reduced utility revenue are so marginal as to not be measurable. Rather than aggressively attacking a solar ballot initiative intended to expand the benefits of solar power to more of our constituents, shouldn't the League be supportive of innovative ways to promote solar power?The League's brief is alarmist, short-sighted, and not approved through proper protocol.As such, we support immediate withdrawal of the initial brief. Sincerely, Cindy Lerner Barbara Watts Mayor,Village of Pinecrest Commissioner,Village of Biscayne Park Joy Cooper Philip Stoddard Mayor, City of Hallandale Beach Mayor, City of South Miami Darden Rice Connie Leon-Kreps Council Member, City of St. Petersburg Mayor, City of North Bay Village Karl Nurse Joe Kilsheimer Council Member, City of St. Petersburg Mayor, City of Apopka Daniel E. Dietch Vince Lago Mayor,Town of Surfside Commissioner, City of Coral Gables Michael Smith Dr. Richard Chervony Commissioner, City of Largo Commissioner, City of North Bay Village Theo Holloway Wanda Schwerer Council Member,Village of Key Biscayne Council Member, City of Belleair Beach Peggy Bell Walter Harris Mayor,Town of Cutler Bay Vice-Mayor, City of South Miami DEVELOPM ORDER OF THE CITY COMMIS )N OF THE Gil ( OF BOYNTON BEACH, FLORIDA PROJECT NAME: iStorage Warehouse Addition Abandonment (ABAN 15-001) APPLICANT/AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT'S ADDRESS: 508 E Boynton Beach Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 21, 2015 (1St reading) August 4, 2015 (2nd reading) APPROVALS SOUGHT: Abandonment of an existing 10-foot wide utility easement, and replacement and relocation with a proposed 12-foot wide utility easement. PROPERTY LOCATION: 2951 SW le Place, located east of Congress Avenue, north of SW 30th Avenue, and south of the LWDD L-28 Canal. DRAWING(S): SEE EXHIBITS "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 r�HAS SCAN N 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 "E" with notation "Included." 4. The Applicants request is hereby ` RANTED 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: DATED: I- 7-a4V-5" C ) <::G T4s' City Clerk , ea y ( S.\Planning\SHARED\WP\PROJECTS\iStorage Warehouse Addition\ABAN 15-001\Development Order.doc • 0 T° N ��P EXHIBIT "E" — CONDITIONS OF APPROVAL Project Name: iStorage Warehouse Addition File number: ABAN 15-001 DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Prior to permitting, the documents for the new utility easement (including agreement and grant of easement with legal description and sketch)shall be recorded into the Palm Beach County public records. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. • S:1Planning\SHARED\W P\PROJECTSUStorage Warehouse Addition'ABAN 15-001\Exhibit E-Conditions of Approval.doc i - {y ;, r w STT _p - T A ,, �'. fT s'* 1‘, _ __ - a _ ..-m-----3--.1Y." T V..: ESIOENTIAL '� iii fi PillyiStorage 1 f = 1 A . , TT r.�'? N..,-, t. ,I L_.• �. BOYNTON BEACH EXPANSION .. ! _xi&+ • • - r. 1• 4 .4 - -�. - 2951 SW 14TH PLACE �;�" LAKE WORTH DRAINAGE NTON BEACH .�" e=` .mt.• - DISTRICT CANAL L-28 r -- . .- '' PALM BEACH COUNTY r' imr ipt i S —.- f. FLORIDA 33426 •� )UNDER CONSTRUCT.) 00 FA�]aERrv&]AMpv ; of.. 111......111 I I..L ess oRrvm.• liforpoifilirijii7IVI P.B.BROWN,LLC 'c I II: rr i PROJECT AREA - Yr- t� t i. IT OF '',, ` I ''�' ' AIIIM AF. CONSTRUCTION) u•fm .„.. NIASTORAGE FAC L/Tv • •�Y, •,•. •'. HTECHENY��_ , A . _ ZONINGTL(RUELCUSAGE) FORESITE - ForTarn,' .,CEI . •� wr'yNaM rw.o.d. 118136213. RNPIG I.i ,,,,, • _ • .„ ....,.,. .:.) Z F f_ o +. . w--. v w :'j�•�`GEMyf 3� O , -. EO: :�.. , ir U j "Q ". i .5871 ':A y ...IFr I . a � • ♦ WOREXDIISE TATE i¢i • , . ! W WAREHOUSE NM LS(MKT INDUSTRIAL) `pQ.t,...s CF iry../ 1� '- ' % ! f U .1• ZONING:MI(LIGHT INDUSTRIAL) .. Cf.•��ofp`:'a =I, '� _ '. f FLU:I UNWSTRUL) • :k .4:"'E r -. Oc.�::l 1 t: '� L a I , r a. • • A t _ _ - -- I ✓ r f a.-_ Y• fit: '1 _ S' •4• REMIONS DAIS .'ew•smr �", 1' :+1 �'[ G �. • m - 4 x. /+�„„„,,,,,,,„.„„,s MT S A .�....... �'• �... .. _.:�¢;.a.w+' S.W.30TH AVENUE _.,..,.. ,., .. AWL .11012111. I ' -" ., . _ .... is.: -+ + . ' PROM IwUmL ax r. A • r. fPA�10 R R • .. MIMI 100E * �P. 'A IMA 0,10BAS IAA �! �` SITE AERIAL • •' k PHOTOGRAPH r 1 r 1111 SIM NAM C 3.0 ... LEGEND - t • �, ♦ xr,E t-ea w.• PROPERTY ME 1 . uw..nersbebw Eo JD o so tm \ r •""•. SGNE x FEET Eall wove rou we (WIOFdm ME m m COxSTRUCRtAII ° s� ,.urvrsrc NIR®! f r A1.0 SC... . """ 652.003 ro i- 00 I X W (( LWJ7JL CAY•LF.��O OeY�!LJYiIjaim •G•iIr ---- ---- - - - - - f'.'.. - - - - - - - (Storage to age �,•.SE.r.°'s— ��— .. BOYNTON BEACH `-�� C, (.., 1,.../......1_ (r (� s - -11/4.4.„4:::„. Ftp r4 ,.,,� EXPANSION , ,e . 1957 SYI 141H PLACE _ • - •.mrmrs BOYNTON BEACH I ° i 4444• .r •.�.��', • ""' PALM BEACH burn '„'�,' �{/` pAB, ( ,. FLORIDA 33426 i ! • ti IA i � I g� F V �+e�.n.... I P.B.BROWN,LLC In Ics RAP emr.'.74:4%!, r J! r.,..64.0.4 Moo.3.m io 4444.. ......a •.a s .:1 c '3 4. i gkgg i'- I: r: it s ` �r ..-.1,e,,: 3 @ fl 1.01.11011g.Mg ' FORESITE roup • %ea MS_ _€ . +.0.u,,. .'--►..-' k ;61 t; u R• e I. a U.N AIMS ` Y•�e SMI YA..rOre rnr.•uua ra.a��'•. _ ri.• EMS 1 a earerIj w RA �® Vice MN -- �tiii $rifaof3�tl4kII NI il i:m L. r._.�' - !.'•_ --.•.11-. •"•••.-•.... ....:.- -..`.i . .,_ 9_ { °°.'. P_ • N i 1 , _:.,-_, \ . ,I(.:pan 7 .� a. Y ,:3 ... :.,74 -- - senirwr memo" onnapAvnu....... ,,, ow SIM MOM '014,:m3 I i J I 11. t y LEGEND ARceLe m J• .�nca v,.."aa ;,°1 - ....... - MPA ores KIM R. PARCEL• F"'� :CZ.— t ; EASEMENT Nn. [mama -!r^--- � f�` • EXHIBIT sareive�E 41MI SIAM 10F 1 0 tee . egg �.r.r.. m s ° r r o E IN 6464:.,-. �aL...rf NM mwm m.....r ^`r'�+m fc.r Rrn aw....Irr= 1 raga NaleowaLr'swarm' oa`r` 652,003 a0 s F— m 2 X UJ SECTION 5,TOWNSHIP 46 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY,FLORIDA1. SKETCH OF SURVEY 1 U � Z z Z DINT OF COMMENCEMENT �� m c NORTHWEST CORNER OF SECTION 5-45-43 ORT1i BOUNDARY UNE OF SECTION 5 _ .-- - - Q J _ ---LAIC MOFTH ORANA4E DISJ1BCT GWAL L-28 - N8T29'3S'E(0) 353.34'(D) O x LL N (BASIS OF B n4GS) — (aD aaT-of-rAYI — -- I—I 2 I m Q e.E0 o N r L3 Ce o t o 6 w ,2r 4 0 Io / a m a a I I o z Of ti r. p O i',5 14 j� L Ki PORTION OF SECTION 5 46-43 I Q v II, 1 I n (O.R.BOOK 25931,PAGE 777) F _ F LLJJ I^ Yp O N z I is S W i 1 i 11 1 II a O b ;-1 . y, 1y040. Z N PORTION CF SECTON 5-48-43 Q 0.0'EASEMENT L5 353.0'(D) (O.R.BOOK 3244,PAGE 1962) F' .P N87'29'35"E(D) 440.97'(D) L6 - _ ^Q< k —L N6T29'3rE(D) 375.50'(0) J a jI S87'29'35 W(D) 448.97 D) Z Iq BAL 1 •OIN7 OF BEGINNING LOT 3 Z ,] PLAZA CONDOMPIUU LOT 2 UW50N INWSTRIAI PARK x Ly4 14 I (OR BOOK 20309.PAGE 008) IAWSON INDUSTRIAL PAPot PUT NO. 1 ti I PUT BOOK 42, y (pL,AT 8001(42,PAGES 134-133) I PAGES 134-130) [-� 0 41, UNE TABLE UNE LENGTH BEARING LIL2 La 39.20' NO2'30'25'W 29.60' Nzsroo'zs'w LEGEND �' q 01 6.00' N8T29'35-E L4 29.60' S2SO0'25-E ® v 0 L5 32.80' S02'30'25"E O R. DESCR1 RERECARDS ENT t11 ti g N 150 0 75 150 16 8.00' 502'30'25"E PSN PROFESSIONAL SURVEYOR Ara MAPPER RAO 6041-CF-WAY t I e i y Nr F SCALE:l"_150' 2 Ail SEF SHEET 1 OF 2 FOR LEGAL DESCR1PT10N / LM LLW COr 2 X W SECTION S,TOWNSHIP 46 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY,FLORIDA[.. SKETCH OF SURVEY V Z Z T OF COMMENCEMENT �'� v 0 iN NORTHWEST CORNER OF SFJC110N 5-48-43 F BOUNDARY UNE OF SBC110N 5 `� G9 N87R9'35'E(D) 353.34'(0) EAR[WORT}i DRAINAGE DISTRICT CANAL L-28 CM O Y CC IL (BASIS OF BEARINGS) n (8D'RIGHT-OF-WAY) — _. -- _� ( / = v� ' N87'29'35'E(0) 290.18'(0) v H� ¢ m U n Z � S I i N8852'33'E(0)219.00'(D) —_la- H 2 ; Ec- W§ - I _ > LL_ Z N C^ z I PONT OF BECBNNIN o ~ Id <t J I CEN1TRUNE OF 10.0'UNITY EASEMENT d al V —III a .. Oil I , POINT OF BEGINNING 0 z 64°-,, EASEMENT AKRE OR w 8 SE' I I PORTION OF SECTION 5-46-43 X55 FOR FRE HYDRANT • I" Ccil t lig I I (O.R.BOOK 25931,PAGE 777) LI I o I�o IQ 5 a' [� PORTION OF SECTION 5-46-43--.-I~ 353.0'(0) i___ I 10.0'UThJTY EASEMENT (O.R.BOOR 7464,PAGE 1746) Q cc gtOS5pOW1E INDUSTRIAL I LAT 3 PARK 0 C PLAZA CONDOMINIUM U LOT 2 u NPLA NN0.I I x (O.R.BOOK 20309,PAGE 806) ! LAYY90N MDUSTf 2. PARK PLAT NO.1 Fq I (PLAT BOOK 42, U ilE:::,1 I I y I (PLI1T BODK 42,PACES 134-135) V PATS 134-135) P I I $1 ci51 A � q l y ` I r`( I 4 LINE TABLE a P7 LINE LENGTH BEARING L7 40.04' 500'00'00'E n. 18 71.92' S0014'05E LI 225.88' N87'28'35'E ' 110 170.00' S02'301.5 E 1,11 10.00 58722'35'R LEGEND q a w o (0) DESCRIPTION NEASUREYIX7 N 15101.....0 75 150 DR. IflERL REGEROS °p^ pq�q PSM PRDFES RECORDS SDfN'Elgt AND 1VPPER K RM RICHT-OF-MAY m x y U0 9 SCALE:I"=ISO' PG pq P. a ! SEE SHEET I OF 2 FOR LEGAL DESCR1PHON �1 111 MILLER 508 E. Boynton Beach Boulevard Boynton Beach, FL 33435 LAND Phone • (561)736.8838 Fax• (561)736.8079 PLANNING, INC. Email ■ millerlandplanning.com (STORAGE RV- BOATS Original: May 6,2015 Easement Abandonment Justification Statement Application Summary On behalf of Storage Quest Boynton Beach, LLLP, this application proposes the abandonment of a 10'wide utility easement which currently contains water and sewer lines. The existing easement is located within the Mega Mini Storage site and extends into the iStorage RV/Boat site. The abandonment of the easement is proposed in conjunction with a Site Plan application which relocates and widens the easement to avoid conflicts with buildings to be constructed and continue the water and sewer service lines. A 12' wide utility easement is proposed to replace the 10' wide easement being abandoned. The easement in the Mega Mini Storage site will remain in the same location but the iStorage RV/Boats easement will be relocated along the east property line and extend midway along the south property line. Review Criteria Per Chapter 2, Article II, Section 2.G.3 of the Land Development Regulations, the following review criteria shall be used to justify an application: 1. Access The proposed abandonment will have no effect on access. 2. Utilities AT&T, Comcast, Florida Power & Light Company, Bell South, Florida Public Utilities, and the City of Boynton Beach Utilities Department have all been notified of the proposed 12' wide utility easement. The informed entities have no objections to the abandonment. 3. Drainage The proposed abandonment will not cause or result in a permanent stoppage, interruption, or unacceptable level of service for site drainage. 4. Conservation The abandonment will have no effect on the conservation or preservation of flora or fauna. iStorage RV-Boats 2 Easement Abandonment May 6,2015 Conclusion This application proposes an abandonment of the 10' wide utility easement and replacing it with a 12' wide easement. The easement is described above along with the justification of how the standards are met for approval of the abandonment. We have enclosed consent forms from all the utility providers. Therefore, we respectfully request approval of the abandonment application for 10' utility easement within the iStorage RV/boats site. • • . • •• • 8£88-9£L=192 i .105 • : . :' ' ; • r• • :' ' • :40.tJ•3c11144 00:114u.i3.. • :•oul 6ujuuoja•puOTigilio sAop0-1:u144+ 0.6344.esaej '.. . . • ••:.•w: -••,;.-r+� •s:.+}.::: •....v..'.�.ti-....SN: ..I.• t .11.a•..,...r •N„t........:. nR *—,.....�,.••'..�. • . .. .. .. phi'•# #^'.. .""" , • • oa3gp..' • '8''• : • . . • • :atDN:sued . . . 0 0 ..0 .q • • ; , PUr� lq qxa: .. •••:..• ...4uouuesbe/j!! ?•epjMt..:oJ'Z L:Resodoi:od..osepd peer u.ol o#o{ei.• .j914L1<udV:lZP # 0 1101;: .PaPL%odsu . p - • . ae o 0461:4 ba i R`4 • 40 0u a4,o1 U W.POui�gb:pesOda8!;:•: 8q. #'3: X4.1! t�lM: :.Ol:... 3 i. 9.'UO u1�0 'e�D'I' S UBSuo (pop. *iuubido. 6p0H1 w QOM • 6-L s= tti9s) xbd ...••••;•••;••,,'. N!NI'�Id7 t . . • #, :. Seo f£l�:'yanag,vilUAoa.: `: : . t.. • p�an21no6 Lpoa9 uo4uoto9'3 805 • �311t;w} • 1� �f Z£8. •8Zl «: 6•108 9£d: L�5: • t.0. 119IHX3 ,;. <: rM"^ at&t Eric M.Brown AT&T 321 SE 2nd St Defray Beach, FL 33483 Office: 561.988.6515 Fax: 561.272.8695 eb3965(8 att.com Christi Tuttle Miller Land Planning, Inc 508 E. Boynton Beach Blvd Boynton Beach, FL 33435 May 4, 2015 RE: No Objection • Proposed Abandonment of 10' wide Utility Easement to be relocated with Proposed 12' wide Utility Easement 2951 SW 14th PL,Boynton.Beach, FL 33426 Dear Ms. Tuttle, AT&T has reviewed the proposed plat submitted you or your company. AT&T does not object to. the proposed project as Indicated. • This'no objection" is contingent upon no infringement upon AT&T's facilities that are in the area. If the petitioner wishes to relocate AT&T facilities, a suitable utility easement in a new location would be required and reimbursement to AT&T to relocate to that easement. If you require additional information please contact me at 561-988-6515. Sincerely, • Eric M. Brown Manager OPs &Design AT&T Florida 561-988-6515 MILLER 508 E, Boynton Beach Boulevard ,Q Boynton Beach,FL 33435 AND Phone • (561)736-8838 Fax • (561)736-8079 PLANNING, INC. Web•millerlandplanningcom Consent Form Location: 2951 SW 14th Place, Boynton Beach, Florida 33426 Proposed abandonment of existing 10 foot wide utility easement to be relocated with proposed 12 foot wide utility easement per easement exhibit and sketch and legal descriptions provided with letter dated 21 April 2015. 67o Objection: Print Name etiriorter °sc14 City of Boynton Beach Utilities Objection: Reason: Print Name City of Boynton Beach Utilities Please return within 10 days of receipt to Miller Land Planning Inc. Fax: 561-736-8079 Email: christi@mlpc.net Call for pick up 561-736-8838 2015-04-21 00:59 MLP,INC. 561 736 8079 » 561 454 5899 P 2 hir MILLER 508 P.Boynton Beach Boulevard Boynton Beach,FL 33435 LAND Phone • (561)736-8838 PLANNING, ax • (561)736-8079 INC.N C. Web■ Fax Consent Form Location:2951 SW 14th Place, Boynton Beach, Florida 33426 Proposed abandonment of existing 10 foot wide utility easement to be relocated with proposed 12 foot wide utility easement per easement exhibit and sketch and legal descriptions provided with letter dated 21 April 2015. No Objection: ( Print Name6 4e C 4150- Comcast Objection: Reason: Print Name Comcast Please return within 10 days of receipt to Miller Land Planning Inc. Fax:561-736-8079 Email: chrjsfi mIoc,net Call for pick up 561-736-8838 2015-04-21 01:03 MLP,INC. 561 736 8079 » P 2 rill MILLER 508 E.Baynton Beach Boulevarcl Boynton Beach,EL 33435 LAND Phone ■ 15611736-8838 Fax ■ {561}736.8079 LANNIN , INC. Web•mlllertandplanninfl.com Consent Form Location:2951 SW 1Place,Boynton Beach,Florida 33426 Proposed abandonment of existing 10 foot wide utility easement to be relocated with proposed 12 foot wide utility easement per easement exhibit and sketch and legal descriptions provided with letter dated 21 April 2015. No Objection: FLORIDA PUBLIC UTILITIES CO. PO BOX 3395. WEST PALM BEACH FL 33402-3395 Print Name �— 1.1 614,4$ Objection: Reason: Print Name Please return within 10 days of receipt to Miller Land Planning Inc. Fax 561-736-8079 Email:christi@m{pr.net Call for pick up 561-736-8838 lirr MILLER 508 E.Boynton Beach Boulevard LAND t Boynton Beach,FL 33435 lid LA y D Phone ■ (561)736-8838 PLANNING, INC. Fax • (561)736-8079 Web■ Fax Consent Form Location: 2951 SW 14th Place, Boynton Beach, Florida 33426 Proposed abandonment of existing 10 foot wide utility easement to be relocated with proposed 12 foot wide utility easement per easement exhibit and sketch and legal descriptions provided with letter dated 21 April 2015. No Objection: Print Name CI)A-des FPL S/1//5 Objection: Reason: Print Name FPL Please return within 10 days of receipt to Miller Land Planning Inc. Fax: 561-736-8079 Email: christi@mloc.net Call for pick up 561-736-8838 EXHIBIT "E" — CONDITIONS OF APPROVAL Project Name: iStorage Warehouse Addition File number: ABAN 15-001 DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Prior to permitting, the documents for the new utility easement (including agreement and grant of easement with legal description and sketch) shall be recorded into the Palm Beach County public records. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING 1 Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\W P\PROJECTS1iStorage Warehouse AdditiontABAN 15-0011Exhibit E-Conditions of Approval.doc