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Minutes 11-15-16MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY NOVEMBER 15, 2016, AT 6:30 P.M. IN COMMISSION CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Vice Mayor Mack McCray Commissioner Justin Katz Commissioner Christina Romelus Commissioner Joe Casello ABSENT: Mayor Steven B. Grant 1. OPENINGS A. Call to Order - Vice Mayor Mack McCray Lori LaVerriere, City Manager James Cherof. City Attorney Judith A. Pyle, City Clerk Vice Mayor McCray called the meeting to order at 6:30 p.m. Invocation by Rev. Laurie Durgan, Associate Minister, UNITY of Delray Reverend Durgan gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Katz amended New Business Item 12.B., relating to election percentage as requested by Commissioner Casello and added two additional items, which was ranked choice voting and a discussion about term limits to two consecutive terms. Vice Mayor McCray suggested removing the item from the table and discussing it when the item is heard. Meeting Minutes City Commission Boynton Beach, Florida Motion November 15, 2016 Commissioner Casello moved to remove the item from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Vice Mayor McC,ray pulled item 15.B. from Future Agenda Items and moved it to New Business Item 12.C. Commissioner Katz requested moving New Business Item 12.A to Administrative as item 5.D. 2. Adoption Motion Commissioner Casello moved to approve the agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello thanked all on behalf of his family for their condolences on the passing of his mother. Commissioner Romelus attended the dog park ribbon -cutting ceremony and commented it is the only dog park between Lake Ida and John Prince Park. She attended South Tech School Summit bringing the community and employers together and showcasing what South Tech has to offer. She attended a ribbon -cutting for Jamerican Cuisine and the International College of Health Sciences formerly of West Palm Beach She attended Destination Lake Worth featuring the work of their CRA and a Forest Park Neighborhood Meeting. She participated in the Veterans Day Celebration and the Boynton Intracoastal Group (BIG) golf tournament. She was proud to be a part of the team. She planned to attend the AARP Coloring Contest on Wednesday night and announced there are flyers in the back of the room for needed supplies to help 2 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Haiti. The drive will end on November 30th, and is being held in partnership with a coalition of elected officials and community leaders who have been assisting Haiti. She will be taking a medical mission trip to affected areas in Haiti on December 1St to the 5th with a team of doctors, nurses and EMTs. - She thanked all in advance and for those that donated. She commented in light of the election results, speaking for herself regarding actions and violence that has ensued, she has an obligation to remind anyone that lives in or visits Boynton, that the City is not perfect and they have made mistakes, but the City is learning from its mistakes and decisions made are in the best interests of all residents. Boynton Beach takes pride in inclusivity and the City will continue to be a gateway welcoming those who want to call Boynton Beach home. They will not let fear or bigotry reign the City and they will be a voice of reason amid whatever chaos may ensue. She was proud to be a Boynton Beach Commissioner and hoped all were proud to live in the City and the US, and hoped all could move forward in unity. Commissioner Katz attended the South Central Regional Wastewater Treatment Board meeting and the City's Veterans Day event. He spoke with a representative from Isram and David Katz regarding an item on the agenda. Vice Mayor McCray thanked Reverend Laurie Durgan for the invocation and for her son, John Durgan, Special Projects Manager for the City of Boynton Beach. Vice Mayor McCray had attended the Veterans Day event, the opening of the dog park and Jamerican ribbon -cutting ceremonies and the Chamber meeting. He thanked Commissioner Romelus for her comments regarding the election. He had participated in the Souls to the Polls event and he thanked. City and County residents for passing the one cent sales tax. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by Human Resources and Risk Management staff about departmental operations. Julie Oldbury, Director Human Resources and Risk Manager, introduced and praised her team. Cici Messon, Human Resources (HR) Risk Assistant explained as a strategic partner, the Department serves as change agents and specialists answering employee and manager questions related to Human Resources. They also assist other departments reach their strategic plans and goals to help the City succeed. The Human Resource Department strives to lead by example, inspire a shared vision by challenging the status quo, and by enabling others to perform. Ms. Oldbury reviewed a slide presentation indicating the Department works from a foundation of policies and strategies that they can continually review and improve. They handle legal compliance issues and use technology to keep operations efficient and streamlined. 3 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Risk Management focuses on the safety of City employees and residents. Talent Management is recruiting and orientation of new employees. Compensation and Benefits entails classification of positions, salaries and benefits. Performance and development includes training opportunities for employees and the way they coach, counsel and evaluate employees in their job performance. Employee and labor relations encompasses union contract negotiations, investigating and resolving complaints and the overall collaboration with employees and managers to ensure the needs of the City are met through the collective efforts of Human Resources. Ms. Oldbury reviewed the responsibilities involved with Risk Management and recruitment as contained in the meeting materials. The Department believes diversity adds value to an organization and has begun to track hiring statistics this year, which she reviewed. The Department then compares the applicant and hiring percentages to the City's population and uses the data to see how closely the overall employee diversity aligns to the City's diverse population. Ms. Oldbury noted the City does not select candidates based on ethnicity or gender; they select the most qualified candidates. They have to use the data to ensure their recruiting methods are reaching a broad group of candidates. Last year, the Department did a good job recruiting ethnically diverse candidates in line with the City's population, but needs improvement attracting more qualified female candidates. Ms. Oldbury explained the rising cost of health insurance is a challenge and last year, the City changed its health insurance plan to a high deductible health plan which resulted in a reduction in premium costs and claims. Containing health care costs is important and initial indications suggest the City is on the right path. The Department plans to conduct an employee climate survey which will assist in analyzing employee job satisfaction. Employee recognition is one of the best methods to improve work, motivation and employee engagement. The Department seeks to engage with the community and has established an internship program. City residents can volunteer with any department and look at internships on the website. They are fostering partnerships with local schools and they offer career and orientation days. The Department is going to Atlantic High School for Orientation Day on November 16t". They are also increasing their partnerships with the community by hosting a Career Fair to provide information about the City's career opportunities. Ms. Messon explained the Department is seeking to increase the use of social media and face-to-face time. The Department has an active Twitter account and is creating a Linkedin page to help with networking and attracting a broader pool of candidates. They are also creating a YouTube channel that will provide tutorials and tips on how to interview better, dress for interviews and give resume tips and others to benefit community youth and residents. 0 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Ms. Messon explained they are going to Boynton Beach High School in January. Commissioner Casello questioned why they would not have gone to Boynton Beach High School first instead of Atlantic High School and learned they wanted a trial run first. Staff will be making presentations and wanted to perfect their orientations, as well as bring in firefighters, police officers, water treatment operators and others. Their presentation tomorrow will just be with Human Resource employees. B. Announcement by Recreation & Parks Director Wally Majors about the Looney Dunes FunDay event, which will be held at Oceanfront Park on Saturday, November 19, from 9 a.m. to 11 a.m.. Amy Blackman, Recreation .Superintendent, explained the Looney Dunes FunDay event is part of the Play Unplugged Series at Oceanfront Park, which celebrates a sense of community, making new friendships and learning about Oceanfront Park and the beach. Activities included family games, volley ball, a sandcastle building contest and a Bury Your Parent contest. The event is on Saturday from 9 a.m. to 11 a.m. and parking is free that day. There will be a Slip and Slide and they are promoting a selfie contest. She requested all Like us on Facebook, Twitter and to share their photos with them. C. Announcement by Recreation & Parks Director Wally Majors about the 46th Annual Holiday Parade, which will be held on Saturday, December 3, beginning at 11 a.m. Also, since the Parade was cancelled due to rain last year, Tom Kaiser will again be the Grand Marshal this year. Wally Majors, Recreation and Parks Director, explained, along with the parade, they have other events beginning on Friday, December 2nd with the Boynton Beach CRA's 46th Annual Tree Lighting and Concert at the Ocean Avenue Amphitheater at 5:30 p.m. to 10 p.m., located by the Schoolhouse Children's Museum. East Ocean Avenue will be closed from just west of the Museum to east of the intersection of Ocean Avenue and NE 1St Street. The Tree Lighting Ceremony is scheduled for 6:30 p.m., followed by a free concert with the band to be announced. Food and retail vendors, children's activities will be available, along with an early appearance by Santa and his Elves, The next day is the 45th Annual Holiday Parade starting at 11 a.m., traveling along Seacrest Boulevard, due to construction along the 500 block of Ocean Avenue and Federal Highway. The parade will commence on Seacrest Boulevard at 12th Avenue travelling north towards Ocean and the reviewing stand is on 4th Avenue. He looked forward to having that event on Saturday, December 3rd The Boynton Beach CRA is hosting the Boynton and Delray Beach Holiday Boat Parade on Friday, December 9th at 6:30 p.m., travelling south from the Lantana Bridge to C-15 Canal in Delray Beach with free viewing areas beginning at 6 p.m. at Boynton Harbor Marina, Intracoastal Park and various locations in Delray. The Boynton Harbor Marina 5 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 will have a visit from Santa Claus and kid friendly activities, including face painting, and food and drink will be available for purchase from Two Georges, along with live music. Attendees are encouraged to bring new unwrapped toys for the US Marine Corp Toys for Tots program. Parking is available onsite in the parking garage, on the corner of N. Federal Highway and East Ocean Avenue, as well as by the valet service provided by Two Georges. A follow-up awards happy hour will follow within weeks following the event and the boat winners will be announced and presented with their checks and plaque. An event video will be available for viewing on the CRA event YouTube channel. Vice Mayor McCray commented Delray Beach will participate in the Boat Parade and he was pleased the parade information was on the water bill. D. Presentation of a certificate to the City of Boynton Beach, designating the City of Boynton Beach as an Autism Friendly Business, from Jennifer Percival, Clinical Support Specialist for Transition at the Center for Autism and Related Disorders (CARD) at Florida Atlantic University (FAU), to be accepted by Debbie Majors, Grants & ADA Coordinator. Jennifer Percival, Clinical Support Specialist for Transition, explained 18 months ago they started an initiative to train businesses in the community to be more inclusive. Since then 25 businesses in the region completed the program and the City of Boynton Beach is the first City to be an "Autism Friendly Business." She has trained City staff, early childhood specialists, camp counselors and visual supports were implemented for people with autism. She presented a certificate to Debby Majors, ADA Coordinator, and Vice Mayor McCray. Ms. Majors thanked Ms. Percival and expressed the City was very proud to be the first City to be recognized noting FAU has much expertise with autism. She recommended anyone needing assistance should contact her and Ms. Percival is part of the City-wide inclusion support team to ensure the City is open and accessible to all. Vice Mayor McCray noted he learned a great deal at the Barrier Free Park and from the Ball for Bella. There is a need and the City is moving in the right direction. E. Proclaim November 12 - 20, 2016 as Hunger and Homelessness Awareness Week. Esra Critch Homeless Coalition of Palm Beach County. Vice Mayor McCray read a Proclamation declaring November 12 - 20, 2016, as Hunger and Homeless Awareness Week. Mr. Critch thanked the City Commission for the Proclamation and advised there are more than 1,400 people experiencing homelessness in Palm Beach County. There are 150 homeless people in the southern part of the County and it affects every municipality and town. The Coalition holds the Hunger and Homeless Awareness Week each year before Thanksgiving so when D Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 citizens give thanks for good things; they remember neighbors are experiencing homelessness. They are concentrating on legal issues that affect homeless people and municipalities that, have homelessness as well.' The Homeless Coalition is working with police forces and others in municipal government who are interested in helping to meet the challenges homelessness provides. They would love to work with Boynton Beach. He thanked the City Commission for the opportunity to speak and hoped they could end homelessness in the community. F. . Proclaim November 26, 2016 as Small Business Saturday. Vice Mayor McCray announced the Proclamation. No one was present to accept it. G. Proclaim December 1, 2016 as World AIDs Day. Winsy Marcellus will be present to accept the proclamation. Vice Mayor McCray read the proclamation declaring December 1, 2016 as World AIDS Day. Present to accept the award was Winsy Marcellus. Mr. Marcellus, Genesis Community Health, a federally qualified health center, explained part of his work is raising awareness of HIV, spreading prevention messages about the virus and addressing the stigma about HIV. He commented HIV still affects a lot of people in the community and pointed out zip code number 33435 has over 400 infected individuals. The US has 8,500 deaths from AIDS nationwide, compared to 85,000 deaths from diabetes. Treatment for the virus has come a long way. Many lives are lost and many people are still living with the virus today. He thanked the City of Boynton Beach for recognizing the day and was happy to accept the Proclamation. H. City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. Vice Mayor McCray announced the closing of City Hall in observance of Thanksgiving on November 24th and the 25th. Vice Mayor McCray explained the Palm Beach County League of Cities Luncheon will take place on November 23, 2016 at Benvenuto's at 11:30 a.m. 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) Sony Garcia, 1631 NW 3rd Lane, spoke on behalf of the Bill Tome Foundation for Kids and Families. He explained it is a charitable foundation and Mr. Tome has been involved in the community for decades as founder and director of the Boynton Beach 7 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 PALS program. After his retirement, he remained active working as a Police Officer in the Palm Beach County School District. His goal is to provide opportunities to support community members who do not have opportunities to participate in sports. A component of the organization utilizes Police Officers and their families spending time to promote the bond between the Police Department and the community. They recently applied for 501(c)(3) status and hope it will be approved by the end of the year. The Foundation is currently raising funds for a Christmas basketball tournament at Boynton Beach High School, which will cost about $2,500. Funds raised will be earmarked for school athletic programs, but he was also requesting contributions for the tournament or the program in general. Once approved by the IRS, there will be an official kickoff. Mr. Garcia commented Lemar. Jackson, had attended Boynton Beach High School and currently plays for Louisville College. Mr. Jackson is up for a Heisman Trophy and is known as the best player in the country. The program has merit. Commissioner Casello asked what the opportunities were and learned it is to help youth stay out of trouble, get into college and join sports. Vice Mayor McCray explained Bill Tome was with the Police Athletic League and worked with the Wildcats. He is a great guy and he is still working with the City. This is a good opportunity for the City to support his Foundation. Susan Oyer, 140, SE 27th Way, speaking for Kim Weiss, Arts Commission Chair, explained the Arts Commission invited the City Commission to the City Library on Wednesday at 6 p.m. for the Mindful Living Contest. The AARP, Book Division Director, Jodi Lipson, will travel from Washington DC for this occasion. She will name the winner of the contest who will have their colored page included in an internationally distributed book in January called "Inspirations and Mindful Living", published by AARP and HCI Books. Ten other winners will receive a copy of the book and attendees are invited to color on the wall in the Library with the Arts Commission and give AARP a warm welcome. On a different matter, Ms. Oyer explained there is a rooster a block away from her home which she hears every morning and she distributed information about them. She inquired if the City would do something and regulate it, do nothing, or find a halfway point. She noted the City can take the chicken by-products and use it as fertilizer for the City, but the animals are unregulated and she did not know what conditions the animals live in. It was noted the City always had chickens and livestock, but she did not know if there was a large concentration of chickens in a particular area. She used to see chickens running all over the place at her father's house and they were digging up the plants. The City does not need roosters and many cities have banned them. There is a rooster seller in West Boynton and'in Delray Beach. Commissioner Casello inquired if there was an Ordinance regulating chickens and learned the City's livestock Ordinance does not permit them. Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Tom McClure, 2004 S. Federal Highway, commented he was moving to Connecticut. As past president of BIG, he noted Commissioner Romelus was the honorary Chairman of the Golf Tournament and a first time. golfer. He thanked the sponsors for their support of the tournament which enables them to do good things in Boynton Beach. He thanked former Mayor Jerry Taylor, David Katz, Chair of the Planning and Development Board; Commissioner Casello, the Boynton Beach Firefighters and the Police Department for attending. It allowed BIG to exceed their financial goals. He presented a check to Commissioner Romelus from BIG for the Palm Beach Haiti Relief program for $750. He commented BIG is ready to support other programs in Boynton Beach and he encouraged the City Commission to direct them to BIG so they can financially support them as well. He advised Mary Nagle is the new President and she will continue the programs and will do well. He thanked the City Commissioners he worked with on many issues affecting BIG. He will come back often and looked forward to working with the City, BIG and other associations. Commissioner Casello commented he and Mr. McClure did not always agree on issues, but he was always a gentleman. Mr. McClure advised he would be at the Library for the AARP Coloring Contest as his wife was a finalist. Vice Mayor McCray thanked him for all of his hard work. Commissioner Romelus praised Mr. McClure. She admired his authenticity and she appreciated all he had done. Kirsi Proctor, 2202 NE 4th Street, Apartment 6, explained NE 4th Street and Gateway Boulevard has the Crossings on the north side, the south side of Gateway has a Quik Stop and she has lived in the condos behind there for almost 18 years. She complained about the store and about the loitering and homeless people around the area and park. The dumpsters are overflowing and the odor is horrible. She explained there is a ficus tree fence around the condos and in the past few months one apartment was vandalized three times. She also had a man standing outside looking in her window at 9 p.m. She has an alarm and gun and they have never had any issues. Another board member had sent a letter to Chief Katz, but no response was received. Another email was sent to the City Manager. She tried to reach out to Police Chief and Assistant Chief Snow as drug deals occur all the time. The Association wanted to install cameras, but it they are cost prohibitive. Vice Mayor McCray was aware of the condos and commented the City Manager and Assistant Chief Snow will contact her. Dr. Piotr Blass, 113 W. Tara Lakes Drive, was happy the City is responding to crime, but advised the owners of the 7-11 on the corner of Woolbright Road and Congress Avenue had three break-ins and the Police Department has to take stronger action. He is impressed and delighted with Commissioner Romelus and her activities and he 9 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 congratulated all. He pointed out the presidential election had 1,200 independent candidates although most people only heard about two or three. He commented the independent candidates decided the election as the margin was very narrow. He encouraged telling young people to register to vote, vote and run for office. The winner of the election only received 20% of the adult vote in the United States. The system is not working properly and should be improved. Some are contesting the way the election was run and the press acts as if it was a 95% victory. Dr. Blass proclaimed his dedication to creating the University of Boynton and his latest vision is to preserve the Old High School. He proposed having a tall building constructed over the Old High School and opined if done properly as a private -public partnership, Boynton will be a rich City with apartments, hotels and businesses.' They could refund taxes to citizens. Vice Mayor McCray commented he received a call about a situation occurring in District II and he contacted Chief Katz about it, who informed him the Department is stretched thin. Vice Mayor McCray commented crime is rampant, drug dealers and drug houses are everywhere. Sober homes are everywhere. In District II, one does not have to stand on the corner to buy drugs. They purchase them as if they are going to the store. There is a big problem as the Fire Chief can attest with Narcam and the increasing heroin epidemic. He spoke to Delray Beach, Broward County, Ft. Lauderdale and Lake Worth. It is everywhere. He urged all if they see a problem to call and be part of the solution. Commissioner Casello commented this is a widespread problem and he is on the Sober Home Task Force. He was concerned about the stress levels for the officers and firefighters that respond to the drug overdose experiences which can affect them emotionally. He hoped that was being monitored. It is over taking communities and he advised the Task Force will have some initiatives passed into law next session. It ,will help 60% of the issues facing cities and is a start. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards.. Vice Mayor McCray commented the Mayor has three appointments and he was not present. Motion Vice Mayor McCray moved to table the Mayor's appointments until the Mayor returned. Commissioner Romelus seconded the motion. 10 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. November 15, 2016 The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Preservation Bd: 1 Alt Planning & Development Bd: 1 Reg Recreation & Parks Bd: 1 Alt Senior Advisory Board: 2 Alts Motion Commissioner Katz moved to appoint Gregory Murphy to the Education and Youth Advisory Board. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor McCray moved to appoint Howard Williams to the Recreation and Parks Advisory Board. Commissioner Casello and Commissioner Romelus seconded the motion. Vote The motion unanimously passed. B. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, March 7-9, 2017. Tim Howard, Assistant City Manager, Administrative Services, explained Palm Beach County Days are scheduled for March 7th to the 9th, leaving on a Tuesday and returning on Thursday. Policy requires the City Commission approve each other's travel. In order for staff to have time to make travel arrangements, they need to know which Commissioners want to attend. Mayor Grant had previously advised he wants to attend. Ms. LaVerriere explained they budget for this each year and she encourages all 11 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 of the Commissioners to attend. It is an annual event that Palm Beach County government hosts in Tallahassee and it provides County elected officials the opportunity to network and approach and discuss legislative priorities with State Legislators. Vice Mayor McCray commented it was an awesome time to go and learn. There was agreement the Commission would attend; however, Vice Mayor McCray would not. C. Commission to discuss moving the Tuesday, March 7, 2017 Commission Meeting in the event that Commission members attend PBC Day in Tallahassee. Since the March 7t", City Commission meeting coincides with Palm Beach County days, Mr. Howard suggested moving the City Commission meeting to Monday, March 6t" Motion Commissioner Katz moved to meet on March 6t". Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Item 12, New Business, Item B was heard at this time. 6. CONSENT AGENDA Vice Mayor McCray pulled items D and E for discussion. 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. R16-151 - Authorize the Mayor to sign a Utility Easement with Florida Power & Light (FPL) to enable installation of an upgraded power feed to the East Water Treatment Plant (EWTP) B. PROPOSED RESOLUTION NO. R16-152 - Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual and temporary construction easement to facilitate the undergrounding of electrical utility facilities along Dimick Road as part of the Casa del Mar project. 12 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 C. PROPOSED RESOLUTION NO. R16-153 - Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcels 101-5 and 102-5R for the Florida Department of Transportation (FDOT) signalization project at Winchester Park Boulevard and Boynton Beach Boulevard. D. PROPOSED RESOLUTION NO. R16-154 - Amend the FY2015-2016 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2015- 2016. Vice Mayor McCray explained the reason he pulled the item was because this would close out the fiscal year and he liked to know how much was saved. Mr. Howard explained the Resolution is. a requested budget amendment. By law, the City has 60 days following the fiscal year to approach the City Commission for cleanup or housekeeping amendments. This Resolution does not increase the overall budget for the general fund; it reallocates budgeted funds between departments and line items. In the past, Vice Mayor McCray has asked how the City ended the fiscal year, and currently, it appears the City is coming in about $1 million under the City's budgeted expenses, subject to audit. Remaining funds would go into reserves. Motion Vice Mayor McCray moved to approve proposed Resolution R16-154. Commissioner Katz seconded the motion. Vote The motion. unanimously passed. E. Declare thirty five (35) Vehicles/Equipment as surplus and approve the sale of these items via the auction process. Vice Mayor McCray asked if staff tried to salvage as much equipment as possible and learned Public Works checked with various departments to see if the vehicles were usable by any other department before being brought to the City Commission to be declared surplus. The vehicle may have passed its useful life and/or the cost of maintenance more than the City wants to pay. The City has to declare it as surplus in order to send it to auction. 13 Meeting Minutes City Commission Boynton Beach, Florida Motion November 15, 2016 Commissioner Romelus moved to approve all consent agenda items. Commissioner Katz seconded the motion. Vote The motion unanimously passed. F. Approve utilizing the General Services Administration (GSA) Contract #GS -07F -0396M pricing for contractual fire alarm/sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $77,000 which expires on June 30, 2017. G. Accept fourth quarter report (July -September 2016) on operations of the _Schoolhouse Children's Museum and Learning Center for FY15/16. H. Legal expenses - October 2016 - Information at the request of the Commission. No action required. I. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 15, 2016 - "Request for Extensions and/or Piggybacks". J. Accept the written report to the Commission for purchases over $10,000 for the month of October 2016. K. Approve the minutes from the Regular City Commission meeting held on November 1, 2016. 7. BIDS AND PURCHASES OVER $100,000 Vice Mayor McCray asked if there were any questions on the following four items. There were none received. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. - 14 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 A. PROPOSED RESOLUTION NO. R16-155 - Authorize the City Manager to sign a contract with Johnson -Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP in the amount of $1,843,016 plus a 10% contingency of $184,301.60 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $2,027,317.60. B. PROPOSED RESOLUTION NO. R16-156 - Authorize the City Manager to sign a contract for the "Replacement of the Roof and HVAC System for the Pistol Range" with Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. C. PROPOSED RESOLUTION NO. R16-157 - Approve an increase to the approved annual payment amount for year two and year three of the three year Microsoft Enterprise Agreement from $158,225.25 to $166,478.12. D. Approve, a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America with an increase of 4.3% per ton. This product will be ordered on an "As Needed" basis for an anticipated annual expenditure of $320,000. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. The Brass Tap (COUS 16-006) - Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51 % of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub"* use.) Attorney Cherof administered an oath to all those intending to testify. Matthew Baum, Brass Tap, 950 N. Congress Avenue, explained he been operating at the location for a few years and the establishment is a full-service restaurant that opens at noon and closes around midnight. The business has always offered beer and wine 15 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 only with food, and they .fall just short of the 51 % requirement to obtain a liquor license, which allows operators to sell alcohol as a restaurant. They were seeking the change in use to obtain the license. The Brass Tap is a franchise and there has been a system- wide change in terms.of offering alcohol to be a more all-inclusive restaurant. Vice Mayor McCray asked if the neighbors objected. Mr. Baum advised they posted the notice, got landlord approval and he has not heard any concerns. They will not change the use or the way they operate their business. He commented they have another establishment in Pembroke Pines and they did the same thing. The sale of liquor is 14% of their product mix, but it has not changed the clientele or use in any way. Commissioner Katz explained the Brass Tap is a great establishment and if it will increase revenues he favored the request. It is in a great location that already accommodates this type of activity with an outdoor patio. He noted they will still serve craft beer. Kathleen Hatcher, City Planner, explained there were no calls or complaints about the notification for the bar use. Staff recommended approval with the one condition to get a live entertainment permit should they choose to provide live entertainment in the future. Mr. Baum responded they would. They were 5% short of the 51 % benchmark. Commissioner Casello asked if there was much trouble with disturbances and learned there were no bar fights as it was a pretty docile crowd. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Smart Starts Day Care (COUS 16-003/MSPM 16-006) - Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care .facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Bradley Miller, Miller Land Planning, Inc., 508 E. Boynton Beach Boulevard, explained the subject property was located on the southeast corner of Knuth Road and Boynton Beach Boulevard. It has been vacant and needed upgrades. There is a gas station to the west, a medical office to the south, the Stonehaven residential development to the east, and across Boynton Beach Boulevard is office retail. The owner planned to use 16 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 the current structure and improve the building by reusing it because it is still structurally sound. Visuals of the proposed project were viewed. Ten classrooms were incorporated into the building interior. They moved the parking from the north side of the building which will be a play area to the south with traffic circulation to the exterior. There is slightly over 13,000 square feet which could accommodate 200 children. The play area requires a minimum of 6,300 square feet and it is twice the size. There are buffers around the perimeter and larger buffers around the roadways and to the east and south sides which exceed the Code requirements. A new column and panel wall will be installed adjacent to Stonehaven as required by Code. Stonehaven already has a wooden fence. There will be public art in the courtyard in the middle of the site. Forty- five parking spaces are required and 52 spaces were provided. The hours of operation will be 6:30 a.m. to 6:30 p.m. An aerial of the site was viewed. Access was off Knuth Road with a left turn in. There will be some roadway modifications to extend the turn lane to facilitate traffic. Motorists can also access the Day Care Center from the Woolbright Road side onto Knuth Road and -then turn right onto the property. They have preliminary Department of Transportation approval of a new driveway off Boynton Beach Boulevard for right in, right out only. Exiting the property can be achieved going north or south on Knuth or continuing east on Boynton Beach Boulevard. A Health Department regulation requires a sign in and out for all the students, which would avoid traffic stacking. Children will arrive between 7 a.m. to 10:30 a.m., and then spread out throughout the rest of the day. The building elevation showed a rail fence along the play area and the landscaping will be lush. The fence is six -feet high and the pillars, some of which are concrete columns, will keep the area safe and slow a car. There are also oak trees in the right of way. The owners of Smart Starts preferred the play area in the location and feels it works better for traffic circulation. Smart Starts has 12 or 13 facilities and is expanding. Their curriculum includes a dual language enrichment program and they are an established day care and learning center. Staff recommends 12 standards for Conditional Use Applications and there are five conditions of approval. The Planning and Development Board unanimously approved the request. Commissioner Romelus asked why the play area was next to a major road. Mr. Miller explained the circulation of cars coming into the parking lot works better and the internal parking circulation is better. Having a driveway -so close to Knuth Road helps traffic patterns, and safety is a priority. It was not possible to switch the play area with parking. Vice Mayor McCray noted there is a day care facility on Boynton Beach Boulevard and they had the same concerns, but they took measures to control the traffic. The plans were improved, and the fence and perimeter were appropriate. HFA Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Mr. Miller explained the most concerning corner is Knuth Road and Boynton Beach Boulevard. The columns are part of the fence system and have footers and concrete will be spaced along Boynton Beach Boulevard and Knuth Road. There are also trees on the outside of the fence that are 15 to 20 feet apart with hedge material. The fence is still part of the perimeter and they will be concreted into the ground. The sign will also be right on the corner. There was plenty of consideration given to safety. Motion Commissioner Katz moved to approve the application. Commissioner Casello seconded the motion. Ed Breese, Principal Planner, explained staff worked well with the applicant. There were five conditions of approval and staff recommended approval. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vice Mayor McCray commented about the right-of-way and thought it was a way to stop things from getting out of hand. Vote The motion unanimously passed. D. PROPOSED ORDINANCE NO. 16-021 - FIRST READING - PUBLIC HEARING - Approve the fifth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 16-021 by title only on First Reading. W Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Andrew Mack, Development Director, explained the current Ordinance has a sunset date that lifts the suspension on December 15t". Staff was requesting time to study this further and amend the Ordinance, which will return to the City Commission in one year. The initial ordinance was created in 2007, based on a study in 2006 and all the data was used to formulate the current Ordinance. Commissioner Katz did not favor using an Ordinance with decades old data. He favored extending its suspension. Mr. Mack explained staff already contracted with Metro Study who will update the 2006 housing study and hoped to have it within 90 days. Vice Mayor McCray favored the one-year extension as did Commissioner Casello. Commissioner Romelus explained citizens are living in a City that is developing and it was important to make sure they do not alienate or prevent individuals from coming into the City due to the level of rent. The Workforce Housing Ordinance was made for that purpose and she agreed with Commissioner Katz they cannot use the same standards. She wanted a motion to reduce the one-year timeframe to six months. She, the City Manager, and Mr. Mack have spoken and staff agreed it is an adequate timeframe to make the amendments and implement a new Ordinance. Motion Commissioner Romelus so moved for six months as opposed to a year to ensure the City has adequate housing for the City's residents because they would not be able to afford the rent of new development. Mr. Mack clarified the reason the year was requested was based on the current workload of Planning and Zoning staff. With the implementation schedule for the CRA Plan, the NOI that was just approved and other pending items was why they requested oneyear. If they had a six month deadline, they would have to hire a consultant. Vice Mayor McCray noted if the one-year extension was granted, staff could complete the study sooner and it could come back sooner as well. He asked for a vote on the one-year timeframe. Vote City Clerk Pyle called the roll. The motion passed 3 - 1 (Commissioner Romelus dissenting.) . Commissioner Romelus explained her position was there is a development.cycle in play with several projects forthcoming that could potentially avoid having to deal with the Workforce Housing Initiative because they would develop before a new Ordinance is put in place. W Meeting Minutes City Commission Boynton Beach, Florida 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS November 15, 2016 A. PROPOSED RESOLUTION NO. R16-158 - Authorize issuance of $23,000,000 principal amount of Utility System Revenue Bond, Series 2016 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2016 Bonds. Heard out of order Mr. Howard explained, in accordance with the Board's wishes in August, he worked with bond counsel and issued an RFP. There are four responses from Raymond James, JP Morgan Chase, Bank of America and Capital One Public Financing. After reviewing the proposals, the recommendation from the City's financial advisor is to select Raymond James. It is a 15 -year note with a 2.45% fixed percent interest. The bonds are callable after November 1, 2026, which means in 2026, if something has changed and they need to refund them, they can do so without penalty. As far as outstanding debt, the City will layer debt service for the next 15 years. There is an outstanding' Utility Bond to be paid off in 2021. So for the first five years the City will pay $563,000 in interest on the new note, and when the other bond is paid off, the City will start paying principal on this bond, which will raise the City's annual fiscal year debt service payments from about $6.1 million to $6.6 million where it will remain for the next 15 years to 2031. The advantage to the bank note is there is a much lower cost of issuance, closing costs and a faster closing. They will close on Friday and the funds wired to the City's account. The Resolution approves execution of the documents. Vice Mayor McCray inquired if accepting the bond would affect the rating for the bonds for the entire City. Mark Raymond, Bond Counsel since 1987, explained he prepared the Resolution and it meets all legal requirements. Attorney Cherof had reviewed the Resolution as well. Commissioner Romelus noted last year the- City refinanced bonds and learned those bonds were not for Utilities. There were public service bonds, which were refinanced with a 1.95% interest. This new bond was at 2.45% and was the best the City could do. Commissioner Casello questioned if this would finish the projected projects and learned it would cover projects based on the current CIP projects in the Utility Fund and cover the financing for the next 10 to 15 years. Commissioner Romelus asked how the Penny Tax would play into the bond. Mr. Howard explained it did not. The Penny Tax would fund infrastructure costs for general government. 20 „ •7 Meeting Minutes City Commission Boynton Beach, Florida Motion November 15, 2016 Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. Commissioner Casello has requested to discuss the possibility of a referendum for the March. 2017 election changing the provision for a candidate to be elected from 50% plus one rule. (Tabled to December 6, 2016) Motion Vice Mayor McCray moved to remove from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Commissioner Katz wanted to add a discussion about Rank Choice voting used in California and other states, Europe and Australia. He will have a brief video that explains what it does. It runs a simultaneous run-off if no one gets 50% because voters can cast a second choice on the initial ballot. Commissioner Katz also wanted to discuss the term limit rule as well. Motion Commissioner Romelus moved to retable the item to December 6, 2016. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The following item was heard as New Business, Item 12.C. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. Vice Mayor McCray wanted staff to study this issue and bring it back to the City Commission and clarified this was not about sober homes. This item had been 21 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 discussed regarding Ocean Breeze and he wanted staff to proceed, see what they can bring back and then vote if the City Commission is in favor or not. The request was to give direction to staff to study and return the item to the Commission. Language would have to be added in regard to sober homes. Commissioner Katz wanted to ensure they include their perspective of what this item would open up. This would be for the first quarter in 2017 and it will be reviewed with other text amendments. The priority is to finish the Consolidated CRA Plan. Mr. Mack thought he could bring something back the first meeting in February. There was consensus for staff to proceed on this item. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. Approve insurance company's negotiated settlement in the amount $600,000.00 in the case of Byron L. Harris, Jr. v. City of Boynton Beach, Michael Brown, Matthew Medeiros, Stephen Maiorino, Ronald Ryan, Justin Harris, Cory Herny, and Alfred Martinez. Attorney Cherof explained this item needed approval by the City Commission to settle the above named lawsuit. Vice Mayor McCray noted settlement was coming from the insurance company and litigation was pending. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Commissioner Casello was upset the decision is about business and not what is morally right or wrong. There is an .FBI investigation ongoing and he inquired if this has any effect on a civil case against individual officers and if the settlement admits to wrong doing, as the City and insurance carrier was willing to settle on a matter that had not been decided through the courts. He has been involved in closed -door sessions for four 22 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 years and did not recall taking anything to court and these matters were .all business decisions. He opined the Commission has made bad decisions in the past and he did not agree. He thought the officers did nothing wrong and the Chief stood by his men. He thought it was bad business agreeing to a settlement with a known felon. Vice Mayor McCray commented the Commission gave direction to Legal to see what they could settle for and it would cost more to go to trial. He commented the City needs to get this behind them and move forward. Attorney Cherof explained the mediation that led up to the recommendation of settlement by the insurance carrier precedes trial. It eliminates the trial which is where the risk is and the carrier thought, without making any statement about the conduct of the City or its officers, they wanted to avoid the risk at trial and they were prepared to spend the money. Commissioner Casello was concerned about the public perception. Attorney Cherof explained what will be recorded was his comments the Officers did not engage in any conduct that was determined to be inappropriate and this was a business settlement. The $600,000 is from the insurance company. If the City did not settle, it would expose the City to tangible liabilities, amounts over and above the carrier was prepared to make. Any portion the City was responsible for was already paid. Commissioner Katz commented the petitioner was going to bepulled over for a traffic stop and fled. One Police Officer was struck and almost killed pursuing the person. He cannot fathom how running from the police will result in a better situation. The City has their damages capped. There is the potential taxpayers could be hit with more damages. From the Police perspective, there was no wrong doing. He urged motorists if police turn on a siren to stop the car. Commissioner Casello asked if this could be used against the City or officers in future cases and learned it was not admissible in Court. Vice Mayor McCray recalled, during the closed door session, a training officer reviewed what was done. Vote The motion passed 4-0. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney client session of the City Commission to discuss. pending litigation in the following case: GEORGE WADE, individually, Plaintiff, vs CITY OF BOYNTON BEACH, a Florida City, Defendant — Palm Beach County Circuit Court Case No. 2016CA004353XXXXMB 23 Meeting Minutes City Commission Boynton Beach, Florida November 15, 2016 Attorney Cherof requested an attorney/client session for the above case. About 45 minutes was needed. There was . agreement to meet at 5:30 p.m., before the next regular City Commission meeting on December 6th 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive .Plan Coastal Management Element- for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 D. Monthly Departmental Presentations: City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. Interlocal Agreement with CRA for Community Standards Outreach position -December 20, 2016. 16. ADJOURNMENT Commissioner Romelus had a flyer and announced Officer "Shrec" took over for Officer Rita Swan, as the City's Crime Prevention Officer. She also noted there is a Citizen Police Academy for anyone interested in joining. Vice Mayor McCray requested Officer Shrec attend the next meeting to be introduced. Motion Commissioner Casello moved to, adjourn motion. 24 Commissioner Romelus seconded the Meeting Minutes City Commission Boynton Beach, Florida Vote November 15, 2016 The motion unanimously passed. The meeting was adjourned at 8:40 p.m. ATTEST JuA. Pyle, CMC C.�t�i Clerk 61, y CL- goLlai� . Catherine Cherry U Minutes Specialist 25 CITY OF - YNTON BEACH f / Mayor - Stev�n`B:-Grant ayor- r - Justin Katz missioner - Christina Romelus Commissioner - Joe Casello C C4 Lori, here are some reasons to have a medical office as an accessory use in properly situated communities convenience ----- residents who have difficulty traveling can have minor check ups cost savings ------ in theory there is no charge precedence ------ most recently the City Commission sitting as the CRA Board was M extremely supportive and was asking respondents at one time to have on site medical facility for the Ocean Breeze East development there wouldn't be prescriptions Depending on the particular community these are additional advantages for having such a use Transportation to / from medical office in Boynton Beach for appointments within 24- 48h Same-day appointments* Same-day sick visits* On-site "concierge" medical assistance care: medication assistance, vitals, care coordination with ancillary/health service providers: Hospitals, Home Health, DME, Medical Therapies, Nursing Homes. Physician Seminars Patient Health Record - Patient's Portal 24/7 medical answering service Health Fairs/Screening Hearing and Vision Tests Health Care Navigator/advocate Plus: home care medicine (physician Housecall services) available to homebound residents (including podiatry). * without transportation City, State Chickens/ Maximum _ Roosters Yes/No Pe nits Yes/No y!_ Coop ReArictions Yes No Clark Cty, WA Yes, unincorporated Yes No i i000SF Vancouver,. WA Yes No No Yes_ Eugene, OR Up to 6 over 6 mo/same under 6 mo No No Harvesting restrict Washington , OR _ I Yes No No Yes Source: www.backyardchickens.com Longwood, FL- 4 hens Yes Tam a,,FL Yes No No i i000SF Sarasota, FL Yes No No Yes_ Pensacola, FL Yes No No Yes Pembroke Pines, FX. Yes No No Yes Panama_, FL Yes[ ep r animal fee _ No Yes Yes Orlando, FL (ig 1) _ YesJ30 Yes No_ Yes Jacksonville, FL Xes zoning restrict Yes No Yes Gainesville, FL Yes 20 per acre + zonin Yes No Yes Broward Cty, FL Yes/25+ lot & zoning Yes No Yes St. Petersburg, FL Yes No No Yes Jupiter, FL Yes Yes Yes No Tallahassee, FL Yes sales restrictions No Yes Yes Pinellas Park, FL Yes zoning restrict max No Yes _ Yes Ocala, FL Yes No No Yes Lakeland, FL Yes ? on max? No No Yes Source: http://www.backyardchickens.com/atype/3/Laws/tag/florida-ordinances/ Sources to consider for further information: http: //articles.extension.org/pages/7000i/developing-regulations-for-keening-urban-chickens Great ideas for how to approach legislation b": / /ww«T.browardpalmb each. coin./resta urants/forL-lauderdale-hen-proi ect-DetitionS-cit�7- commission -to- allow -ba ck_yard-chick-ens76c)o4.,3.,3s General story about potential new Broward legislation --recent hltp : //www.therentalauthoritKcom /apps /blog/show/4,1`36 ci,969-back�rard-chickens-farm-fresh- friends-or-folA Pictures of unique chicken coops http://w«7,,T.palmbeachillustrated.com/HeritaizeHen Story about Heritage Hen Farm in west Boynton h f j v.nofamass.or sites/defaultf files/Toi,,7iib_) To`ti-n.pdf Massachusetts regulations by city/town hjjp.LLwww.raisjRg-biaT-chickens.com ack-,mrd-chickens.html International information hllj)://www.bacISyardchickens.com Breaks down laws by state 1119W16 Developing Regulations for Keeping Urban Chickens - extension extension Developing Regulations for Keeping Urban Chickens a�`4'Clesexten!!i0morg"PaaaeeS70001i`ievcIoinv-r&gu"alians-3r-kaeping-umo.,;6;2n,s Written by. Dr. Jacquie Jacob, University of Kentucky There is growing interest in keeping chickens in urban areas in North America. Whether a family can keep poultry in the backyard depends on state, county, and city ordinances. Community regulations might also come into play—current regulations vary from city to city. The main benefit of a backyard flock stems from the human - animal bond, as well as the production of a food item, primarily eggs. However, many individuals have concerns related to public health and community well-being. These include the spread of disease, waste management, poultry pests, predators, noise, and odor. The validity of the proposed benefits and negative effects are not currently supported by any published research. Pollock et al. (2012) suggest that the issue be approached much like concerns over keeping dogs. Proposed Benefits Raising chickens in an urban backyard is not much different from having a companion animal such as a cat or dog. In a recent USDA survey, Garber et al. (2007) note that the most common reason for having backyard flocks was for fun or as a hobby. Additional reasons included family tradition, lifestyle, and food production, as well as the desire to expose children to food production, general affection for birds, and insect control. There is research to support the idea that improved emotional well-being results from keeping companion animals (Wells, 2009). Emotional benefits include increased social interaction and reduced feelings of loneliness, isolation, and depression. If backyard chickens are considered companion animals, keeping them will likely have the same positive effects. Eggs are the main food item produced in backyard flocks. The local production allows families to have some control over their food production. Given the economies of scale, however, it is rarely possible for the keeper of a backyard flock to produce eggs at a lower cost than those available in the grocery store. Chickens can eat some kitchen scraps, but it is still necessary to feed them a complete feed in order to sustain egg production. When chickens are fed household waste, there is an environmental benefrt to raising backyard chickens. An additional environmental effect is the supply of chicken manure, which, when properly handled, is a good garden fertilizer, reducing the need for commercial fertilizers. When the chickens are allowed to roam in the yard, they may eat garden pests and weeds, serving as a biological control. Unfortunately, chicken foraging behavior can have negative impacts on the plants themselves. Some believe that eggs produced at home are more nutritious than store-bought eggs, but the research does not support this belief (Anderson, 2011; Kasrten et al., 2010). Eggs, whatever the source, are an excellent source of protein. Fact or Fiction Source of Disease Transmission to Commercial Poultry Operations Smith and Dunipace (2011) reviewed the literature on the role of backyard poultry flocks in past avian influenza outbreaks and concluded that the role is very small. They indicate that the small flock size and limited contact with commercial operations reduced the likelihood that backyard flocks are a risk to transmit disease to commercial poultry operations. They back up this opinion with several case studies. For example, in the 2004 outbreak of avian influenza (H7N3) in British Columbia, Canada, the odds of infection were 5.6 greater for commercial flocks (>1,000 birds) than for backyard flocks. In addition, backyard flocks were always discovered by surveillance of nearby backyard flocks after nearby commercial flocks had been infected. Similarly, in the 2002 avian influenza (H7N2) outbreak in Virginia, not a single backyard flock was reported to be infected. htto:Ilarticles.extension.oratmes17000lldevelopirxt-requlatons-for-kespinq-urban-chickens 114 11/9!2016 Developing Regulations for Keeping Urban Chickens - eXtension Public Health Issues The public health issues of concern are the spread of infectious diseases from the birds to humans and food poisoning from consumption of food items produced (meat or eggs). There are a number of hypothetical means through which people can be exposed to poultry disease from backyard flocks. These include direct contact, waste handling, and egg consumption. There are a number of avian diseases that are zoonotic. The spread of these diseases, however, is primarily associated with other poultry and wild birds rather than with chickens. Avian influenza and salmonellosis are two exceptions. Avian influenza has received a lot of attention because of the outbreaks of avian influenza among humans in Asia, but the concerns are restricted to Asian backyard flocks. There has not been a single case of H5N1 (the strain of Asian avian influenza) anywhere in the the United States. Salmonellosis and campylobacteriosis can pose an ongoing threat to human health in North America. A New Zealand study (Anderson et al., 2012) reported that campylobacter is common in backyard chicken flocks. However, because backyard poultry had campylobacter genotypes for the strains found in commercially produced poultry, it is not possible to distinguish the source of infection in human cases. As a result, backyard poultry, or their fecal material, are a potential source of campylobacter exposure in people. When dogs are kept in the same area as chickens, the dog may eat the fecal material and could hypothetically transmit salmonellosis to household members. While there have been a few cases of salmonellosis in humans keeping backyard flocks, salmonellosis is not typically a problem in properly maintained flocks. On August 15, 2013, the Centers for Disease Control (CDC) reported 316 people from 37 states were infected with Salmonella typhimurium, believed to be related to backyard poultry flocks. Of the 119 people with available information, 51 % had been hospitalized. The majority of the sick where children 10 years of age or younger. Of those that got ill, 97% reported contact with live poultry in the week before their illness began. The majority purchased live poultry from agricultural feed stores. The CDC stressed the importance of hand washing after handling poultry. Again, salmonellosis is not a concern in well-maintained flocks. If bringing in a new flock of hens, it is best to raise the chicks yourself, after having purchased them from a clean flock. Waste Management Proper manure management is essential in controlling disease risk, odors, and flies. Most concerns regarding poultry waste are related to the quantities produced on large-scale farms. Small-scale operations, as well as backyard flocks, can also contribute to environmental pollution if they have high bird density and poor manure management. Most city ordinances restrict the number of birds allowed in a backyard flock. It is also rare for urban centers to be situated near important water reservoirs. This dramatically reduces the risk of environmental pollution from backyard flocks. The weight of fresh manure output is about 115% of the total dry feed intake. So, to estimate the amount of manure a flock will produce, you can multiply the flock's total feed consumption and multiply by 1.15. (A hen typically eats a quarter pound of feed a day.) Fresh manure is 75% water, and some of the moisture will evaporate from manure accumulating in a poultry house. It is important to keep the manure dry. By keeping the litter dry, only about one-third of the calculated weight of the fresh manure will remain. Composting the used bedding produces an excellent fertilizer for vegetable or flower gardens. Pest Populations The main pests of concern for poultry include external parasites such as mites, lice, bedbugs, fleas, and soft ticks. Additional pests of concern include darkling beetles, flies, moths, cockroaches, and rodents. There is very little research to reach any conclusions about the effects of pests on backyard flocks. Rodents, especially mice, will eat feed and contaminate it with salmonella. In addition to transmitting disease, rodents can also spread lice, fleas, and mites. Health risks from backyard flocks depend on the cleanliness and security of the chicken coop, as well as the nature of waste management and feed storage. Predators Some areas have problems with raptors. The main land predators of concern include raccoons and coyotes, although neighborhood dogs can be a problem in some areas. If birds are housed in a coop, this will usually protect them from predators. Raccoons can be a problem, however, because they can reach into pens. Eloise Most city ordinances do not allow roosters because of the crowing. It is not feasible to prevent a rooster from crowing, and roosters will crow throughout the day. Some city ordinances allow for temporary keeping of Wn- lartlrlPs.PxtPnsion.ora/mapsROM1ldF-Mnnir a-rcnulatinn--for-kpmina-urban-rhirkans 214 11/w2LI1(i Developing Regulations for Keeping Urban Chickens - eXtension roosters for breeding purposes, but that is rare. Hens have also been accused of being a noise nuisance. A hen will squawk during egg -laying. The squawking can continue for up to five minutes, but varies considerably. The city of Pleasanton, California, recorded the noises from a squawking hen at a distance of two feet and obtained a 63 dBA. By comparison, dogs are considered a noise disturbance when barking exceeds 100 dBA (Coopala et al., 2006). Minimizing the number of hens allowed in a backyard flock will minimize the nuisance. Odor Keeping chicken coops clean and properly disposing of waste will minimize any odors from a backyard poultry flock. Composting of used poultry bedding dramatically reduces any risks of odors. For more information on composting, view the University of Wyoming article "Backyard Composting: Simple, Small -Scale Methods". Points to Consider A large portion of the urban population has very little contact with food animals, purchasing their meat, eggs, and milk from the grocery store. This disconnection results in limited knowledge about how to care for livestock such as poultry. A survey by Madsen et al. (2013) identifies gaps in the disease prevention and biosecurity practices of backyard flocks. Per a review of some of the current city ordinances related to backyard poultry flocks, the following questions need to be addressed in the establishment of new city ordinances. What species of poultry will be allowed? Most urban areas allow only chickens, though some do not restrict the kind of poultry that can be raised. Waterfowl can produce a lot of wet manure and tend to be more of an odor problem. What is the maximum number of adult birds that a backyard can have? Most ordinances allow between five and six. o What factors should you consider to limit the number of birds? Factors could include land size, for example. o Will there be exceptions for community flocks? Are roosters allowed? Most urban areas do not allow roosters because of the noise. Some city ordinances do allow roosters because roosters are required for breeding a poultry flock. Some allow roosters to be kept temporarily for breeding purposes. " Will a permit be required? Several cities require flock owners to get a permit in order to keep chickens in the backyard, but permit requirements are rare. In communities that do require a permit, requirements differ on several key points. o Will there be a fee for a permit? o What does the application involve? o Do prospective flock owners have to get neighbor approval? o Will prospective owners be required to take a course before they can get a permit? • Will there be inspections of the facilities to verify correct application of the rules? And, if so, what are the consequences of violations? How often does the permit need to be renewed? Will there be coop restrictions? These could include requirements that a coop be set back from neighboring properties. "Setback" regulations are very common, but not universal. Will the chickens have to be tagged for identification? This is rare, and in some places strongly opposed. Sources Anderson, J., B.J. Hom and B.J. Gilpin. 2012. The prevalence and genetic diversity of Campylobacter spp. in domestic 'backyard' poultry in Canterbury, New Zealand. Zoonoses Public Health 59:52-60. http:/larticles.extension.orgfpages170DDlldeveloping-regulations-for-keeping-urban•chickens 3/4 WTA-5-AN Developing Regulations for Keeping Urban Chickens - eXtension Anderson, K.E. 2011. Comparison of fatty acid, cholesterol, and vitamin A and E composition in eggs from hens housed in conventional cage and range production facilities. Poultry Sci. 90: 1600-1609. City of Pleasanton. 2005. Planning commission staff report Pleasanton, CA Coppola, C. L., Enns, R. M., & Grandin, T. 2006. Noise in the animal shelter environment: Building design and the effects of daily noise exposure. Journal of Applied Animal Welfare Science, 9(1), 1-7. Frame, D.D. 2009. Considerations in raising small backyard flocks of poultry in population -dense communities. Garber, L., G. Hill, J. Rodriguez, G. Gregory, and L. Voelker. 2007. Non-commercial poultry industries: Surveys of backyard and gamefowl breeder flocks in the United States. Karsten, H.Q., P.H. Patterson, R. Stout, and G. Crews. 2010. Vitamins A, E, and fatty acid composition of the eggs of caged hens and pastured hens. Renewable Agriculture and Food Systems 25(1):45-54 Madisen, J.M., N.G- Zimmermann, J. Timmons and N.L. Tablante. 2013. Evaluation of Maryland backyard flocks and biosecurity practices. Avian Disease 57(2):233-237. Pollock, S.L., C. Stephen, N. Skuridina and T. Kosatsky. 2012. Raising chickens in city backyards: The public health role. Journal of Community Health 37:734-742. Poultry manure management and utilization problems and opportunities. Ohio State University Bulletin 804. Roussere, G. P., Murray, W. J., Raudenbush, C. B., Kutilek, M. J., Levee, D. J., & Kazacos, K R. 2003. Raccoon roundworm eggs near homes and risk for larva migrans disease, California communities. Emerging Infectious Diseases, 9(12), 1516-1522. Smith, G. and S. Dunipace. 2011. How backyard poultry flocks influence the effort required to curtail avian influenza epidemics in commercial poultry flocks. Epidemics 3:71-75. Wells, D.L. 2009. The effects of animals on human health and well-being. Journal of Social Issues, 65(3), 523- 543. http://arUdes.extension.orgtpages170001/developir g-regulatons-for-keeping-urban-chickens 4/4 N 0"1104MAT OFACH s sul VW goe Fort Lauderdale Hen Project Petitions City Commission to Allow. Backyard Chickens BY REBECCA MCBANE Josephine Jones loves chickens. THURSDAY, MAY 2, 2013 AT 1.45 P.M. "They're awesome pets," says Jones. "They're friendly. They're not aggressive. I consider them productive pets. They're very sociable - they're just awesome." Jones, along with co-organizer Melissa Kloepfer and her daughter Lindy Kloepfer, are the forces behind a relatively new yet quickly growing movement - the Fort Lauderdale Hen Project. UPDATE: FTL Hen Project received confirmation from the City of Fort Lauderdale Commision that they will be allowed to speak at the meeting at 6 p.m. on Tuesday in City Hall. Be there if you wish to show your support. Nearly 650 people have signed their petition and you can too. Jones grew up with chickens in New Jersey and has been pondering the whys and wherefors of urban poultry keeping for a few years now, ever since traveling in the northwest and seeing people keep there in Seattle and Portland. She just started to wonder, why not here? So, she and Kloepfer laid out their ideas on a website, put together some social networking, and started circulating a petition. "We have a Facebook page that is really growing. We have a Twitter account and a MeetUp group.This is all within five or six weeks that it has really just taken off and it's a sign that the movement is not going away." The petition already has about 650 signatures and Jones has high hopes that the current momentum will keep up and they will have at least 1,000 before they speak before the City of Fort Lauderdale Commission this Tuesday. They're also hoping those in support will show up at the actual meeting. "We want the commissioners to know this is a serious movement and it's not just a few residents, it's a substantial number of residents that want it. When they look up and see a room full of people, that means something." ADVERTISING in Read invented by Teads But not everyone is in love with the idea of chickens in Fort Lauderdale. Jones has been reaching out and educating the public as best she can. The main concerns people raise are noise and disease related. Jones hurries to reassure them there is nothing to be concerned about on either front. "Roosters really are the concern. Hens cackle and they're chatty but they settle down." Jones explains that this is why they named the organization the FTL Hen Project - to make it clear that this is a girls only party. In comparison, hens don't make nearly as much noise as other, more familiar sources, like a lawn mower or a barking dog. "You don't need the rooster to have the eggs. The rooster is to fertilize the eggs if you want more chicks, but the egg is the natural product of the hens." And, though she loves hens for themselves, eggs are really the point for most people. The ones you buy in the store are bleached and can be as much as a month old, says Jones. With growing concerns about GMOs, hormones, antibiotics, and the ethical treatment of animals, the concept of keeping your own egg hens starts to make more and more sense. As to the idea that having what is essentially livestock in a residential area might spread disease? "We're busting the myth about diseases. Research shows that dogs and cats and migrating birds spread more disease than chickens." an i 3 Y o llcas in the Baek' ard.tnr EnehPer wn In the House 'liTI Keep a Family yy in f`res.11 Eaffs Ti' C ..irt ���...�••wwwM�✓✓✓ P +�.. Y as Y Y" 'i 6 f� F Y' nA S[ � h'T1'rri.r +r7 P'rwoa n 1"ra1Ti'r�h1tSIt�1k,41ia1� _ {j 131T'1arm, 61 WXV a fttr1p o2, poly �'- # Your State Apr iditurat C011ege �r Oa Unlled States Department of AgrieWt'r Keeping chickens in your backyard probably sounds like an outlandish idea to most urban and suburban dwellers, but once upon a time it was considered every American's civic and patriotic duty to keep chickens. Before the US Department of Agriculture got into the business of promoting agricultural business, it promoted agricultural self-reliance. Now, most city governments prohibit the keeping of chickens in city limits, but that is changing. Already, major local cities have let the chicks in, including Portland, Raleigh, Charlottesville, New York City, San Diego, San Francisco, Berkeley, Seattle, Los Angeles, Baltimore, Boston, DC, Chicago, and even Miami. Jones is hoping to get her three minutes in front of the city commission on Tuesday, though they won't know for certain that they're on the agenda until Friday night. In the meantime, they have been emailing Mayor Jack Seiler and the conunissioners information. The City Commission meets on the first and third Tuesdays of each month. The next meeting is Tuesday, May 7 at 6:00 p.m. in the first floor Conunission Chambers of City Hall, 100 N. Andrews Avenue. Even if she does speak and even if everyone on the board approves the idea Tuesday, it won't mean chickens for everyone on Wednesday. Bureaucracy moves slowly, so whether you are pro or con, you'll get your chance to weigh in. Learn more about the FTL Hen Project by visiting ftlhenproject.org, liking their Facebook page, going to a group meeting, or by following them on Twitter. If you are already on board with hens for neighbors, sign their petition and even be at the city commission meeting on Tuesday. ^ By Chris Sherman FLORIDA (diningVoridatrend.com) 4 ­GG, .,I[ Nr ■ ■ Egg�citing The fresh -from -the -farm is spicing up Florida m Which came first? The designer brand, fresh -from -the -local -farm egg or the gourmet pizzas, burgers and salads topped with fried eggs? Who cares? The trend to both has made Florida plates runny with bright orange and has turned menus sunny-side up with egg dishes from down-home and gastro to classic French and Italian. The humble egg is emblematic of farm -to -table basics at the most sustainable, natural and afford- able level. Eggs can be harvested anywhere, as a new flock of urban chick farmers has demonstrated. For chefs, eggs are elemental, pairing perfectly with the modern love of bacon, ham and sausage. They lead to in-house mayonnaise and macaroons and zabagliones 12 MAY 2016 FLORIDATREND.COM egg trend enus. F Black Sheep's Korean beef short ribs with a soft-boiled egg. The .Jacksonville restaurant buys its eggs from Black Hog Farm in Palatka. and put the froth on Pisco sours and Ramos gin fizzes. The eggs themselves come from ducks, quails and heritage chickens raised on grass and earth rather than aluminum cages and floors, and fed a vegetarian diet. Most of all, they are local and super fresh, rarely more than two or three days old. That leads chefs to brag on sup- pliers like Lake Meadow Naturals on what may be the last 15 bucolic acres in Ocoee, on the northwest fringe of Orlando. Dale volkert is not a nouvelle egg-preneur. His family left their Wisconsin farm for Florida 40 years ago and kept up a simple -way of farming here. Chef Kathleen Blake (of Primo at the time) found Lake right photos: Julie Fletcher/ Visit Florida Dale Volkert and crew, tend 3,000 laying hens at Lake Meadow. His hens produce more than 15,000 eggs a week. Luke Men110 rr M -A Meadow in 2002 while foraging for farm -to -table ingredients in un- promising central Florida. Today, she serves Lake Meadow eggs at her own place, the Rusty Spoon in downtown Orlando, deviled with Tabasco, herbs and sun-dried tomatoes and plopped in soft -cooked glory on garden greens and chicken livers. At Lake Meadow, Volkert and crew tend 3,000 laying hens and 700 ducks plus turkeys, pheasants, cattle, hogs, goats and a busy farm Michael's Genuine in Miami buys its eggs from PNS Farms. IF store (and space for children to hunt eggs on Saturdays). More than 15,000 eggs a week head out to chefs and green markets from Jacksonville to Miami. Volkert is not the state's only gourmet eggman. PNS Farms, a small farm in south Florida, now supplies eggs for Michael's Genu- ine operations and other chefs. Fifth -generation Palatka farmers at Black Hog Farm provide eggs and a long list of produce, duck, rabbit and more to home cooks and fashionable farm -to -market restaurants like Black Sheep in Jacksonville's Five Points area. In the panhandle, Twin Oaks (Bonifay) and Green Cedars Farm (Molino) have won fans among urban and resort chefs and farm stand shoppers. Many new small farmers sell in weekend markets around the state. The payoff for chefs and home cooks is a rare ingredient for a small price. Organic eggs cost more than traditional eggs but still only $5 to $6 a dozen. For that, you get a luxurious yolk of a rich orange surrounded by a thick egg white, ideal for miIumyj cooking. What chefs do with them is endless. Legend says each pleat in a classic toque represents a way to cook an egg. The brothers Medure, chefs David and Matthew, indulge in egg yolks cooked by curing in salt and sugar for experimental salads at Restaurant Medure, and quail eggs with grits at Mat- thew's. At their casual M Shack, they add fried eggs to burgers and to the low-carb, no -bun "cross fit" — two burgers, avo- cado, bacon, mushrooms and a fried egg. At Alter, Wynwood's hot chef Brad Kilgore makes an exquisite appetizer of a simple "soft egg" — with sea scallop, truffle pearls and chives, $14 of wow; dolled up with caviar, $10 more. At Cena, owner Michelle Bern- stein likes her eggs slow -poached on polenta with brussels sprouts and Middle Eastern spices. At Eating House, Coral Gables' temple of simple cooking, chef Giorgio Rapicavoli serves several reminders that fresh egg is the key to true carbonara, on burgers, eggs Benedict and pasta. 10 top photo: Joshua C. 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Ln r-r O 0.1 rD 3 C O 0 O rD � N O h • $I• II• O CD � CIO") O C b N n c� • $I• II• O i'Do QQ Ln 3 C) CL �' z 0 rD :E cr 0 CA m rD 0 0 r m CL 0-j 0 0 +' CD n O m A r+ e -h S CA O A fD Q M 0 0' o mo CL O i'Do QQ Ln 3 C) CL �' z 0 rD :E cr 0 CA m rD 0 0 r m CL 0-j 0 0 +' CD n O m A r+ e -h S CA O A fD Q It Q 4 IN 14. FA DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE �TIVI`11 CITY OF BOYNTON BEACH FLORIDA PROJECT NAME: The Brass Tap (COUS 16-006) APPLICANT: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap APPLICANT'S ADDRESS: 950 N Congress Avenue, Suite J-100, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2016 APPROVAL SOUGHT: Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU) zoning district.. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51 % of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) r LOCATION OF PROPERTY: 950 1!11 Congress Avenue JUSTIFICATION: SEE EXHIBIT "B" .ATTACHED HERETO. THIS MATTER was p'`rese,ted 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 -jjle 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 LAAS 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 Applica is 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 ofthis order. ft 7. Other: 7 c-^yle— DATED: �� /�g(�� ��� City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Cen r 1\Brass Tap as Bar COUS 16-006\COUS 16-006 DOdoc EXHIBIT "C" Conditions of Approval Project Name: The Brass Tap File number: COUs 16-006 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. A Live Entertainment Permit shall be required for any future live entertainment (musician, DJ, karaoke, etc) to regulate amplified and non -amplified sound levels for compliance with the City's Noise Ordinance. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined I� S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1\Brass Tap as Bar COUS 16-006\COA.doc I Ji U') J; -J to �4, J- L_%'FIOrOilCO _ I rt j NZ ji _TJ tj . [ �p L e, F,e q- 4':Jr� rsa V, �k L�­ or t -A V ­p';` 14, Al U '. 0 01 7 Y, m!4� rs iF a d'a" KA Yi k'Ql -S q� 4;} SITE Y rV ..:"t� f, �'i' C• �iz*,�. ..z;- s1j� w:s."' .-� ,.r',- �`i$�. ,xr%'',lp't. F;; q'I _01 '4 4, !V , R 0 -:kip....;, C brera'Dr- vi, A "'5 6ritoro"way, 4 M alir,'s I il,67k , B'li Way 0, 4 < Ila L5 vd--„ C7, 14L-, t 1•N 1:4.514 0 0.0275 0.055 0.11 IN EXHIBIT "A" - LOCATION' MAP 0 0.0425 0.085 0.17 Wn Project: The Brass Tap Boynton Beach Address: 950 Congress Ave. Boynton Beach, FL 33426 Application: 4COP Quota License Date: August 30, 2016 To whom it may concern. EXHIBIT "B" raa' un:. v r: y L /-i N, kN ii C-,, p, rq 0, a:� � i Eta �'; 5;,� �•. The Brass Tap in Boynton Beach, FL has been in business for a little over two years. The Brass Tap is a franchise but owned and operated by Mathew Baum, who resides in South Florida with his wife and son. Throughout the first two years of operation, The Brass Tap, has operated with no complaints or issues. In fact, The Brass Tap has held numerous charity and fundraiser events, supporting the local community. To be considered a "restaurant" in Boynton Beach, 51% of your sales must be from food. The Brass Tap has approximately 45% of our sales from food, but for all intensive purposes we are a full service restaurant. We operate a full kitchen from the time we open until the time we close. Some food items that we are known for are, hamburgers, taco's, flatbreads, paninis and more. The Brass Tap has added liquor as an offering throughout the franchise. Although liquor isn't a large part of our sales, it helps eliminate the "no" vote for groups going out if they do not like beer. Adding liquor makes us more competitive with the other restaurants. If we were to meet the 51% minimum for food we would be able to obtain a SRX license for a minimal fee and we would not be subject to this approval process for our use. However, we do fall short, even if it is very close at 45-46% and therefore we are required to not only go through this approval process, but purchase a quota license on the open market which are currently around $100,000. 1 bring up our food sales percentage number to illustrate to everyone that we are indeed a full service restaurant and we plan to operate in the same upstanding manner we have over the past two plus years. I thank everyone for their time and look forward to meeting you one day should you decide to come to The Brass Tap and check us out. Regards, Agz&—�� Mathew Baum DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smart Starts Day Care (COUS 16-003/MSPM 16-006) APPLICANT: Bradley Miller, Miller Land Planning APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2016 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard 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 t/FiAS 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 "D" with notation "Included." 4. The Applicapt's request is hereby V 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: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care\COUS 16-003/MSPM 16-006\DO.doc EXHIBIT "D" Conditions of Approval Project Name: Smart Starts Day Care File number: COUS 16-003 / MSPM 16-006 Reference: 2nd review plans identified as a Maior Site Plan Modification with a September 20, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Drainage shall be modified to accommodate surface runoff for playground area at time of permit submittal. X 2. Existing drainage pattern at east property line shall be demonstrated to be maintained between the proposed wall and single-family residential development at time of permit submittal. X 3. Utility plans shall be provided at time of permit submittal. X FIRE Comments: None X POLICE Comments: None, all previous comments addressed. X BUILDING DIVISION Comments: None, all previous comments addressed. X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: ` 4. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04 - and Ordinance 05-004 and an affidavit provided to the City Clerk. X Smart Starts Day Care (COUS 16-003 / MSPM 16-006) Conditions of Approval Pana 9 of 9 DEPARTMENTS INCLUDE REJECT 5. If the purpose of the electric drop adjacent to the existing monument sign is to power the sign, please place this electric run underground. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care COUS 16-003/MSPM 16-006\COA post P&D.doc EXHIBIT LOCATION MAP ' t`• -� .;s 1 e.fe rc: .;IF,`d�"a Nr 9—< Yr '�',} . ,J..� -s . Y�.:✓% b ,,,3�pf.. 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I Location Map waoreroNaEnna+e�w 1 MILLER LAND _ PL ANNING,INC Key 508 E Boynton Beach BNd Boynton Beach, n 330.35 (561))368838 EusiwGTHEETOHEMun Pre"'F-. MG3 Developer Group. LLC Iv.l11—TF.wNGtE Tabular Data Application Data Edsms �aad u:a --m.--:a toe) Fy-1'ng ]enn90hMrl C -t PropelryCW4tLnEs OSd1a:.3121-0Ct-0B10 Roposed llza Cfiidafs Dais. a C ztrvcam Typo IXcuIN"acy Tyx Edaca[mDaysere batl Zme Ime6 Fbhned Flo« Elexlma apiming Bze G upEEdumtbrvl co d,ne TYP TYpa 11-B (Lmoso.'9Ndenls 288 wra«ol E,lroreos zfi � Hrus apce�+ 63f¢m-B:.wm /1U' e�Mea aa.]26.M aF 2M AC tnxrvhis a9 p9).98 5F co poMws 30,]162] SF Prapoaed Bu�mulg N.s 13,6Ea BF euild�yA 82925E 0 BuiItlNO 9 fi 284 SF �F a. qc iBFP BF Uas Fbo 0.ea Ralb 015 B„dtlng Coverage tfi. Q co Pa3rFygus n ReWl Data spacas(1r-5F) 45 m rwm.a-ra.l sl>xa. sz CU m� Biramattl Psxy c8 L IC Partly -Taal Spaces Repull� 3 �/� UM PraMBM 3 V! N N ma xav eumtm0 Hfr, ae M1 ca e o U c 0 m� hm m E �o c wm a�am Property Development Regulations _ IDnmO pstYFad M19n to pimnrsl«is pll Fal eaa Sexacia'Separasm (el C.1 9�re flon>fa�li DeDs1 i1.W� Carer. Fina Sme sera Res NORTH _ Regrved 9,11Wzf ]a 12@ Bao aD;e 3p 39 18 281 - Prcpmed 68,)263a 2?5' 3]a@ 015 t54e m8 )a9 215 1323 1 _ 1) Tnls plan Is cased as sereey ImpRnanon pmHaed ey copsms svreeyors s pT lar 20r ye' Assatlates. Inc dated 321-6. 2) M plans ­,— t« permlNng snarl meet lne Cltys mdes and Ne SCALE 1 20' _ applicable Eulmmg mtles N eftoG at ale dme of permit appLcatbn. _ 3) Back-flow prevelrters stall be palmed bmatch NepdndpalsWCNreM above gmnne mealarulal eQulplpem shall be vlsualry a«aened. FINAL 4) SITE PLAN I» s«eened wlln haage goers op wee sloes. PSP -1 of 2 DLMPSTER ENCLOSURE DETAIL m"— PLAYGRO�LIN'D AREA FENCE I x woviomeT,x.eovvvumw BIKE RACK AWNING DETAIL 7] BIKE RACK DETAIL vmr.m�w�wwu.ev FARMNGDETAIL mem®samr��rmmmmie® o MONLMENT SIGN DETAIL T. 'I eKoll,ae«y.« MONUMENT am Stun Y 3 P wcoewul,rvn WALL DETAIL IALONG EAST PROPERTY LINE) -0� t ro� ow.mE s p4 wu,vtl 6 weus+v�.vu�rE av°re°�a°imiuo Yf1uE NP ea 11 m'Acmeep btlubiea �a�ixl 6mneponpMam ey tacre Swryme xl penewpnneebpmnlnbg wtlmenne Orytlmaeeena ne � ^mle Wlnve ne�ane en��netlmemp�veppllmem el eewepwntlmennke wwpmems'eiiW esnvelN�memea�' pen wlp n wwuns�..wswa�... mlomemymwesmaw�mne maoeae�m peme aoee sl aeaml��.,lm. MILLER LAND PLANNING,INC E eoyraonemcn Bnu. p',)— ca ',)— m C C 0 0 `N CO rn �^ tf mo 42 g U) m� � 30 U) n NO SCALE FINAL SITE PLAN PSP -2 of 2 UND DESCRIPTION; A PARCEL OF LAND IN BLOCKS 8 ANO 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING 10 THE PIAT THEREOF RECORDED IN PIAT BOOK S. PAGE 73, OF THE PUBLIC RECORDS OF PALM SUCH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST UNE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT -Or -WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-806), AS SHOWN ON ROAD PUT B00K 2, PAGES 217 WRU 220 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIOA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01'10'26° WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BUSING OF SOUTH 01.10'26° WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88.49'34° WEST, A DISTANCE OF 234.92 FEET TO A POINT 15,00 FEET UST AND PARALLEL TO THE WEST UNE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A UNE 15.00 FEET USI AND PARALLEL WITH THE SAID WEST LINE 0f BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01'10'26' UST. A DISTANCE OF 374,56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NOW H B9'39'I I° UST, A DISTANCE OF 235.00 FEET ALONG A LINE IA FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF (STATE ROAD NO. S-BD4) TO THE POINT CF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS; UNIT NUMBERS I THROUGH II, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE I, A GO MERCIAL CONDOMINIUM, ACCORDING TO THE DECURATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PAW SUCH COUNTY. FLORIDA. SURVEYORS & ASSOCIATES, INC.I CLIENT: 11 SMART STARTS AT BOYNTON BEACH pAV11E, fLOPIOA 3]JN�E, SUITE 1011 MG3 DEVELOPER GROUP 3452 W EOYNTON BEACH BLVD. BOYNTON BEACH, nFICATE OF AUTHORIULiON IS FLORIDA 33436 CERTIFIED TO: NOTES : SKETCH OF SURVEY MOB DEVELOPER GROUP, LLC SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. OF REIDMAN UW GROUP, P.A. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 2. THE SHOWN HEREON TO THE EXTENT RELATING TO THE EXISTENCE OF EASEMENTS PND/OR RIGHTS-OF-WAY OF RECORD IS U50 UPON < -TNfCKBIS-- HEREBY CERTIFY THAT THE 'SKETCH OF SURVEY' Of THE HEREON Y I 1 LEGEND: CK O CONE CHECKED BY CONCRETE 3. THIS SURVEY WAS DONE SCLEY FOR BOUNDARY PURPOSES AND DOES THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF NOT DEPICT THE JURISDICTION OF ANY MUNICIPAL, STATE, FEDERAL OR OTHER ENTITIES 4. UNDERGROUND IMPROVEMENTS NOT SHOWN. FLORIDA ACCORDING TO CHAPTER 51-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE OUALIFICATIONS NOTED HEREON. b OBy B IELO BOOK AND PAGE ELEVATION - 12.59 (NGVC28) - 11.04(DS.) RICHARD E. COUSINS 7. LAND DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT. PROFESSIONAL SURVEYOR AND MAPPER B. BEARINGS SHOWN HEREON ARE BASED ON THE GEED. n SIP NE SEE 5/0° IRON FLOG k CAP /SAAB SR NAIL 4x0 CAP /6H8 FIR FOUND IRRON Roo FOUND PIPE INYL i; ` �. fNt FND Axe DAP ouxD NAIL & Dlsc ber 1.zca S IT 3 tiiPLAT Op -R.0 PE_C.R. COOK OFFICIAL RECORDS BOOK PALM H COUNTY _ V BOy11100, Heath EWC ear ,__'_ __ f -, ,_ ____ ___ .` 1F..W '_ -. _ _ ... IWN'NV OVERWEAOC DUCLRICC LN SOROS EVA ' '- �. WATER METERDOH POINT OF COMMENCEMENT b BRyman yBBCTI Rj POB POINT Or BEGINNING -K- CHAIN LINK/ WOOS FENCE ELEVATION $ CB CONCRETEBLOCK STRUCTURE' 1 EFF HIS BACK FLOW PRCVEMCP T TO SCALE xow NeKx TREE TYPE NOICAP PARKING SPACE AOOTI GMP RCP CORPUOARD METAL PIPE REINFORCED CONCRETE PIPE _SII - - i� ED, DUCTBE IRON PIPE LOCATION MAP (NTS) SCHEDULE B- REVIEW: ITEM / 9 - DEDICATIONS ON THE PUT. P.B. 5, PG. 73(AFFECE/PLOTTED) ITEM 1110 - TERMS, PROVISIONS, COVENANTS, AND CONDITIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION Or CONDOMINIUM PER DRB 5166, PG. 269, AFFECTED BY ORB 5730, PG. 1172, AMENDED BY ORB 5873, PC. 710.(AFFECTS/NOT PLOTTED) ITEM /11 - EASEMENT PER ORB 2540, PG. (D ES NOT AFFECT/PLOTTED) FLOOD ZONE INFORMATION REM /12 - INGRESS AND EGRESS EASENENT DEE. PER ORB 2504, IS. IDIS{DOES NOT AFFECT/PLOTTED) REM /13 - TERMS AND CONDITIONS OF RIGHT -CF -WAY AGREEMENT PER 2627, COMMUNITY NUMBER 120102 PC 1137.(AFFECTE/NOT PLOTTABLE) ITEM /14 - TERAND CONDITIONS OF FUTURE RIGHT-OF-WAY AGREEMENT PER 2858, PANEL NUMBER 0190 B PG. I678.(AFFECTS/NOT PLOiiABLE) REM /15 - RICHT-OF-WAY OEEO PER ORB 4321, PG. 1514.(DOES NOT AFFECT/PLOTTED) ZONE B ITEM /16 - ORDINANCES ANNEXING CERTAIN LAND, PER ORB 4209, PG. 861 & ORB 4493,BASE ROOD ELEVATION N A PG. 740.(AFFECTS/NOT PLOTTABLE) EFFECE GATE 10/15/6 TIV ALL OF THE PUBLIC RECORDS OF PAUL BEACH COUNTY, FLORIDA. UND DESCRIPTION; A PARCEL OF LAND IN BLOCKS 8 ANO 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING 10 THE PIAT THEREOF RECORDED IN PIAT BOOK S. PAGE 73, OF THE PUBLIC RECORDS OF PALM SUCH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST UNE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT -Or -WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-806), AS SHOWN ON ROAD PUT B00K 2, PAGES 217 WRU 220 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIOA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01'10'26° WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BUSING OF SOUTH 01.10'26° WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88.49'34° WEST, A DISTANCE OF 234.92 FEET TO A POINT 15,00 FEET UST AND PARALLEL TO THE WEST UNE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A UNE 15.00 FEET USI AND PARALLEL WITH THE SAID WEST LINE 0f BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01'10'26' UST. A DISTANCE OF 374,56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NOW H B9'39'I I° UST, A DISTANCE OF 235.00 FEET ALONG A LINE IA FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF (STATE ROAD NO. S-BD4) TO THE POINT CF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS; UNIT NUMBERS I THROUGH II, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE I, A GO MERCIAL CONDOMINIUM, ACCORDING TO THE DECURATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PAW SUCH COUNTY. FLORIDA. SURVEYORS & ASSOCIATES, INC.I CLIENT: 11 SMART STARTS AT BOYNTON BEACH pAV11E, fLOPIOA 3]JN�E, SUITE 1011 MG3 DEVELOPER GROUP 3452 W EOYNTON BEACH BLVD. BOYNTON BEACH, nFICATE OF AUTHORIULiON IS FLORIDA 33436 t1'� CERTIFIED TO: NOTES : NGS 3452 WEST BOYNTON. LLC 1. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED MOB DEVELOPER GROUP, LLC SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. OF REIDMAN UW GROUP, P.A. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 2. THE SHOWN HEREON TO THE EXTENT RELATING TO THE EXISTENCE OF EASEMENTS PND/OR RIGHTS-OF-WAY OF RECORD IS U50 UPON COMMITMENT FOR TITLE INSURANCE ISSUED BY 00 REPUBLIC NATIONAL TITLE HEREBY CERTIFY THAT THE 'SKETCH OF SURVEY' Of THE HEREON INSURANCE COMPANY, EFFECTIVE DATE OCTOBER 21, 2014. DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS SURVEYED IN THE FIELD UNDER MY (FILE NUMBER: 14096006 KD2) DIRECTION IN MARCH, 2016. I FURTHER CERTIFY THAT THIS SLRVEY MEETS 3. THIS SURVEY WAS DONE SCLEY FOR BOUNDARY PURPOSES AND DOES THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF NOT DEPICT THE JURISDICTION OF ANY MUNICIPAL, STATE, FEDERAL OR OTHER ENTITIES 4. UNDERGROUND IMPROVEMENTS NOT SHOWN. FLORIDA ACCORDING TO CHAPTER 51-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE OUALIFICATIONS NOTED HEREON. 5. ELEVATIONS SHOWN HEREON ARE BASED ON WE NORTH AMERICAN VERTICAL DATUM OF 1988. 6. BENCHMARK REFERE(10E : PALM BEACH COUNTY BENCHMARK / B 20 RESET. FOR THE FIRM, BY: -------------- -------------"'-" ELEVATION - 12.59 (NGVC28) - 11.04(DS.) RICHARD E. COUSINS 7. LAND DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT. PROFESSIONAL SURVEYOR AND MAPPER B. BEARINGS SHOWN HEREON ARE BASED ON THE GEED. SURVEY DATE : D5/OB/16 FLORIDA REGISTRATION NO. 4108 t1'� I COUSINS SKETCH OF SURVEY _mor. ----------'—s —'—'—'—. -------- —' rzNurx RONND _HASSOCIATES, INC. BLIES 11 SMART STARTS AT BOYNTCN BEACH _HUE. SUITE 1011 WG3 DEVELOPER GROUP Il 3452 W BOYNTON BEACH BLVD. BOYNTON BEACH, AUTHORIZATION ))6e1ZfA%0(954) 696)96 FLORIDA 33d3fi L PARCEL i . / •y \ A PORTION Of BLOCKS 8 & 25 (P.B5. c u)x PBCR.) \ I I I i l I I I I I � I�flO�1�l��lga NI I l l l l l l l l l y _HASSOCIATES, INC. BLIES 11 SMART STARTS AT BOYNTCN BEACH _HUE. SUITE 1011 WG3 DEVELOPER GROUP Il 3452 W BOYNTON BEACH BLVD. BOYNTON BEACH, AUTHORIZATION ))6e1ZfA%0(954) 696)96 FLORIDA 33d3fi RUTH ROAD — "C � •..,, ...� ..,E PLAN I[ UI l2 P- E 111jj{ W Y E r. a U) i c �� j 't fir, ' S _ 6• � J amil is I a oH= >^ an y'i I Q m U ¢ = of CO Q =g Um 'I m no LU o. m �' ,. F- Z m oa'I CO 0L z l wz >03 o ,. r �} $o �' o NF ::....,..,.,r. e.r-.. c......- to m m � I . Specific Site Notes: At� o,:h ��v .E•TM , SITE LANDSCAPE PLAN L-1 TYPICAL SECTION STONE MULCH STRIP ALONG EAST PROPERTY LINE -OUTSIDE OF WALL FIRE HYDRANT CLEAR ZONE SHRUB PLANTINGS BUILDING DETAIL TYPICAL PLANTING SCREEN FOR ABOVE -GROUND UTILITIES K.. PLANTING SOIL: o FERTILIZATION: TYPICAL PLANTINGS FOR GROUND -MOUNTED EQUIPMENT MINIMUM TREE CLEARANCE FROM LIGHT FIXTURES r GROUNDCOVER DETAIL SHRUB PLANTING DETAIL LANDSCAPE NOTES ,ounL'� LANDSCAPE DETAILS, NOTES, SPECS., ETC. I _71L-2 -a D� J m< Ua: QO M LL Z= U Z W }m m Z NO V Z .0 M I I � _ o a LL ZQ 555 li ill TREE PROTECTION DETAIL NOTES: I < Ii Qy �I > ! i J al it e.w. ewu. eEw��.�o•n. u,w .,,,ro.�o Q= Jo'} II 0a�01j (iiQ m0 U. ` S ,I m �I .ae . r uuwneacho ei w. rLu VO Qm mLL Q W 11 Zi r w n�r•rwr<wui auewNree �, Z I II m �I to 0 ZQ it o a'I .I �a'z >m J I a0 MO Nm o0 II it ®� nor�hi I ucareo.raee�uoY.auo '' MM •.w' O' 10' I I <, ne.wu. wceweire. I I erx •rmo. rw..iw w .u' un •rrxe rewenw. oRan ro 'I SCALES I' } euc�w cx nz nwe 'I Specific Site Notes: II pi TREE DISPOSITION PLAN TREE TRANSPLANT DETAIL TREE TRANSPLANTING PROCEDURAL ;27 =;ll - 1. TREE DISPOSITION PLAN Ip TD -2 t \� 1 (.__""-t:8'b:-C-'H$'L3'3Z-t-Y=)'G�5-'b:r'"R'.t."�-tl:"6'4:rt-ti.¢-b:f'1�d-b`E-3:T5:'G"E'k"T.�5:8�'.n-t:b-t:o T. zbT B:axL'.i`3`.-«"`�.'G'-F:! E:o'E:Tt:e 'h:o-' ,• �y. SIfE LUII ,NINAIflES uUIILDDa¢gVtlLNfi_PIIAII 1.. Ej }-n 4.z 4.c' i_a-):� }` i.« }.« S.a S.o {}.6 �i n'� � Er j)j• � �„ } _ i w• 5 ].> i.,) i ;b ]r.,' i.i. 4.,.�3 q i ` ! ... -- "._. j w'�a�M • � � I ,.° � cx, a � � j }.i :j t.x ] = 5 } t.5 4.: t.� Li t.: ti.— I I__. �.._ _J_-"_ 1 -' ,",;d"'�:�".��',•,-_ �I O� , fi:f —.._5 j ., w -i i' }•n � Ij $ ti I I Q"�If'j IpI > h igg t i 11 ` -_....r. .. .. -- .a ;.z S ., S.z ).5 }.,•)., Sn )._ ) : ].: ).n S.5 }s ).n ) P""9.5 S.a} r « - , a i'"` • 1 a v .i� tj Ali 5., „ej )., ).5 }. t.a L..F.Y,a-,}vc :Ix }I. ]I, �.. }.5 v_"}x;t ]., s }.f }., S.,` s ).« a., ]., S., ].x :s ].5 ]^ Y, a•...y -14 F _ � tet• ' i, � �. 6i,,,-t-..c•--,•I_.it _ F.�..,,,^l..�r_'"'I"-_ _ �I.,».I..._�._5_.....j�,.�l L,--�-, _'!._ _ _ ._gra`. °i'-,�i' _ 5.: j • �: i. BANYAN CREEK CIRCLE N. I i SITE LIGHTING PLAN Eu ,'•:va N BE orza rnnfn ttdCs: oa Rn c FORPwt1�.tPRbandEDENSOR aSOYE ORNEJJt�TRTwar. NoiE3 'Q' • A FLETUREBBwLLSESRdxS GOLO0. -E7' 31 all WatLMDUNrttl F�xl�flAORM41t � eRNrvE335U,LLeE GSl SERUt1ES SI ALL MM MOUNTED LIurt FV—ES SHNL ,q, �U off INURES W55M dDROP LErv3 !-v-c MASSROOM 1 �SSROOM 2 C�ROGM 3 C�MROOM 4 21 111111'rm" I COLOR CHART 1— P—I RCII B -Z� 11 IT, PAGD "7." B.- I I I 77 IF IF 1-011D f 211.11 Ir c�SsRoom io E—EF... I .1EIB..ml �SROOM 6 JF (� PROPOSED FLOOR PLAN N PROPOSED STUDENT CAPAcrry . 200 STUDENTS BUILDING TYPE ANALYSIS:: Z IM IBG 101, - R01- RRE PR-- —E I. nuno.a 5B� — �— ""I - BRIBI I FFFB 2011 Q -TER 14 Bc..— 2. C0151-01 . P. c - 81,1111 ­ -FI AS PER iBL 2011 I—E III 7E n- nBE EPRIKLERED BUILDING — BE PDR.— o BE 2 ITOBI 14.500 MUMUW A—I IER 10IR. ..E l.—. —_ ONE SMW M. I 1. IBOUPW WAB M PER MC 2011 — 1-1.2 1 CY (01E STOBY I—E) - 247 BUC. S 'o, 2W 1—D..Vu .—ll DOOR & SECURITY NOTES: BE EGUMED C ......BI 2 L. T."E" 11"11—IE III 4, IF = Tr COLOR CHART 1— P—I RCII B -Z� 11 IT, PAGD "7." B.- I I I 77 IF IF 1-011D f 211.11 Ir c�SsRoom io E—EF... I .1EIB..ml �SROOM 6 JF (� PROPOSED FLOOR PLAN N PROPOSED STUDENT CAPAcrry . 200 STUDENTS BUILDING TYPE ANALYSIS:: Z IM IBG 101, - R01- RRE PR-- —E I. nuno.a 5B� — �— ""I - BRIBI I FFFB 2011 Q -TER 14 Bc..— 2. C0151-01 . P. c - 81,1111 ­ -FI AS PER iBL 2011 I—E III 7E n- nBE EPRIKLERED BUILDING — BE PDR.— o BE 2 ITOBI 14.500 MUMUW A—I IER 10IR. ..E l.—. —_ ONE SMW M. I 1. IBOUPW WAB M PER MC 2011 — 1-1.2 1 CY (01E STOBY I—E) - 247 BUC. S 'o, 2W 1—D..Vu .—ll DOOR & SECURITY NOTES: BE EGUMED C ......BI 2 L. T."E" 11"11—IE III 4, NORTH ELEVATION EAST ELEVATION (SIDE) SOUTH ELEVATION �+s •+-0 WEST ELEVATION (SIDE) yes o NORTH ELEVATION EAST ELEVATION (SIDE) SOUTH ELEVATION y+s-a WEST ELEVATION (SIDE) —. BoNST— � E u — ' vsawErsa —R 1-0—F TRw,vuswuc U Ox BE�cN BOVLEY�R� m �s�oxs�REEx na Y,SIGNS. aEEx � o M. TOM>,caBuwoNc ~ $ MONUMENT ESIGN�—,a•.,"B y 3 1=70 I xw�oax aIFPRO $ =M MxMM 9'A`GK -VBSO rMasaxaYw MxMxM=ETB. x.,n� u,seE�ow asicx coMUMacowasoFsux.wE z.�NXsoMuM� "IN vsuewewwTE y g 0-1 GaINE. ,Roaoaao:E SIGN— IY�xaaBTax= SIGN =�Rxww,EB.�x�ROMxx mamm a WALL SIGN oo uaoiNCEl--N Q -- _ ---------------- J. M,x,MuuxuMBEa of SIGNS •, LM oxaYwwESBEew B FoxT. coM�csxxs MUMBono11IN uE.YELLownwa�re 2 F c atl �S � rub & •rc � J v�si NuscncEx.Tm. wsiou scRCEu.nv. PERIMETER ROOF TR,MIFlASfYNa EXISTING ROOF PLAN N o AD Smart Starts Daycare Justification Statement July 6, 2016 - Page 3 REVIEW CRITERIA FOR CONDITIONAL USE According to Article IV, Section 4.C., Standards for Evaluating Conditional Uses, in evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable. Following are the standards and a response as to how each are addressed by this application. 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Response: Access to the site will be provided by the existing southern full access driveway on Knuth Road and a new right -turn in / right -turn out driveway on Boynton Beach Boulevard. We are proposing a 5 foot sidewalk connecting to both Knuth Road and Boynton Beach Boulevard and will not only provide compliance with ADA handicap access requirements but provide pedestrian connection to the daycare. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Response: Parking for the property is addressed above in the Proposal section of the justification statement. The day care will have a positive economic effect considering this building has been vacated for several years, therefore the new use will add tax benefits to the City. There will be not adverse impacts from glare, noise or odors. .The sounds from the play area will be buffered by the location of the day care being separated by a six foot concrete panel wall and a 12' landscape buffer adjacent to the residential development to the east. There is currently an existing wood fence on the residential property line followed by a 15' buffer along with a 20' wide drive aisle in front of the majority of single family homes. Since the property is located on a corner and the play area fronts Boynton Beach Boulevard and Knuth Road, the noise will have no impact on the surrounding properties to the north and east. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Response: The proposed day care will provide a refuse dumpster on the northeast side of the building with landscaping on both sides. 4. Utilities, with reference to locations, availability, and compatibility; Response: All utilities required for the proposed day care use are available at the site. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Response: There are existing mature trees throughout the site and a 10 foot proposed landscape buffer along the north and west property line, a 12 foot landscape buffer along the east and a 5 foot compatible buffer along the south property line. Additional landscaping areas and plant material will be provided to the site within landscape strips Smart Starts Daycare Justification Statement July 6, 2016 - Page 4 outside and within the play area fence and around the dumpster. The proposed areas are shown on the provided Landscape Plan. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Response: The existing monument sign at the northwest corner of the property will be replaced and surrounded by two layers of colorful shrubs. Wall signage will be provided as indicated on the architectural elevation plan sheet. 7. Required setbacks and other open spaces; Response: This is an existing building which does comply with the required building setbacks and open spaces as stated in the Land Development Regulations. 8. General compatibility with adjacent properties, and other property in the zoning district; Response: The proposed day care is on a corner lot surrounded by Boynton Beach Boulevard and an existing retail office building to the north and Knuth Road and gas station to the west. To the south is and existing medical office and to the east is the single family residential development. The day care will be screened from the adjacent residential development by the 6' high concrete panel wall with 12 feet of landscaping on the inside of the wall. There is currently an existing wood fence on the residential property line. The proposed day care is compatible with the surrounding use and will provide a transitional use between the commercial office uses to the north, south and west and the residential use to the east. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Response: The proposed day care will be in an existing building with minimal exterior renovations, new doors and windows and is in harmony with the adjacent commercial, office and residential buildings. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Response: Considering that the day care will be replacing a vacant building that has been vacated for several years, the development of the day care is anticipated to have a positive economic effect on the adjacent and nearby properties. It will provide a use that can be utilized by the residents of the adjacent and surrounding residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and Response: Not applicable. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. Smart Starts Daycare Justification Statement July 6, 2016 - Page 5 Response: Not applicable. The review of the provided Site Plan will satisfy the review criteria of Section 2.B.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, loading, building height, etc as this is an existing building with just a change of use. Based on the information provided, this application complies with the review criteria and regulations for the proposed modification to the site plan for Smart Starts Daycare and Conditional Use for the day care proposed for the vacant building on the corner of Boynton Beach Boulevard and Knuth Road.