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Minutes 03-20-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 20, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father William Stomski, st. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Dominic DeMarsico, a student, joined Father WiIIliam Stomski of st. Joseph Episcopal Church and gave the invocation. Commissioner Carl McKoy led the Pledge of Allegiance to the Flag. Mayor Taylor thanked Father Stomski and Mr. DeMarsico for the invocation. Mr. Bressner presented Mr. DeMarsico with a City of Boynton Beach logo lapel pin. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda as presented. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Rodriguez revealed he had been working with Code Compliance, the Police Department and the City Manager to cleanup remaining debris from the hurricanes and the barren properties along Federal Highway. New fences and trees had been planted in addition to trees and hedges trimmed in an effort to beautify the City. Work would continue. 1 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Commissioner McCray reported a Great American Cleanup has also been scheduled for April. Commissioner Weiland inquired about funding to expedite the repairs needed at Oceanfront Park to redo the boardwalk and pavilions that were deteriorating. Mayor Taylor advised the work was part of the Capital Improvement budget and would need to be brought up in those discussions. Mr. Bressner agreed an update on the Capital Improvement Plan would be in order for the second meeting in April, 2007. The budget discussions would be held in June or July. The Capital Improvement Plan update would be a review at mid-year. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by Boynton Beach High School Principal, Kathleen Perry regarding recent activities at the school. Kathleen Perry, Principal of Boynton Beach High School, gave an oral presentation in conjunction with a PowerPoint presentation. Current enrollment is at 1,500 students, with 66% Black, 10% White, and 17% Hispanic. Free or reduced lunches are available for 51% of the students. Many students have been recognized on the federal, state and regional levels for their academic achievements. The school is adopting a research based plan and working with smaller learning communities. Currently the school has a vocal and theater academy, a dance program and mentoring program for ninth graders entering Boynton Beach High School and through graduation. The school has recently achieved a marked gain in reading in the FCAT testing program. A partnership with Embry Riddle Aeronautical University will allow their staff to teach at Boynton Beach High School and the students could achieve 31 credits toward a college degree upon graduation. Construction on a new performing academy center has commenced with occupancy anticipated by August, 2008. Ms. Perry asked for the support of all stakeholders in the community. She advised all students could reach their stars and have the opportunity for high achievement at Boynton Beach Community High School. 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Mayor Taylor added the students exhibited a high degree of mutual support and strict discipline standards. He thanked Ms. Perry for her leadership. Commissioner McKoy pointed out a recent article in Art and Culture in Palm Beach County magazine featured the Dimensional Harmony Boynton Beach High School chorus singing at a County Commission meeting. He congratulated Ms. Perry on her success at Boynton Beach High School. Commissioner McCray noted there were two high schools in Boynton Beach, the Boynton Beach Community High School and Park Vista High School. He asked if the redistricting plans would affect the schools. Ms. Perry replied the redistricting was on hold for another school year. She hoped the new aeronautic program would bring more students to the school. Public meetings on the program would be held throughout the County beginning March 26, 2007. 3. Accept the Presentation of The Mayors' Literacy Initiative Award from the Palm Beach Literacy Coalition at the annual Love of Literacy Luncheon on March 16, 2007 Mayor Taylor displayed the award and explained the literacy initiative program. He added Boynton Beach is the only City in the County that has a workforce literacy program that allows the workforce time to enhance their skills and job performance. The program is open to other cities as well. Mayor Taylor commended Patricia spoerri for her work with the initiative. An educated workforce is a productive workforce. He was proud of the program offered by the City. IV. 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> Robin Poehner, 306 SW 14th Avenue, expressed concern with the proposed addition of a wellness clinic on the Forest Park School grounds. She distributed copies of a newspaper article describing the project. City staff had been unable to provide any information and Ms. Painter questioned if the project could be built without the residents' knowledge or input. The primary concerns were the safety of the children and added traffic burden. She asked that any details be provided. Mayor Taylor recalled the clinic would be built on school grounds. Vice Mayor Rodriguez revealed his investigation found no plans had been submitted to the City. Mayor Taylor welcomed the input so the concerns of the City on behalf of the residents could be addressed with the School Board. Debbie Zatlyn, 242 SW 14th Avenue, felt the clinic was inappropriate for the grounds of an elementary school. It could give rise to traffic problems and safety concerns. She wondered what medical emergency would be treated at the clinic and the proximity to school children. The presence of drugs could bring greater crime to the area. She was not opposed to public health care, but not in a residential community, near a school. 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Gilbert Betancur, 312 SW 14th Avenue, expressed his opinion the community was not the proper place for a clinic. He felt safety issues with the children in close proximity would be problematic. Willie Aikens, 726 NE 1st Street, gave thanks to all those people that assisted the Boynton Beach Heritage Celebration. He presented Mr. Bressner with a gift for his commitment and support of the event. Mr. Aikens was joined by Gertrude Sullivan, Elizabeth Jenkins, Doris Jackson and Myra Jones. Doris Jackson, Poinciana Heights Neighborhood Association, presented Wilfred Hawkins, Assistant City Manager, with a gift for his support, assistance in planning the Boynton Beach Heritage Celebration and leadership and commitment to the ideas of the community homeowner associations and their Presidents. Mr. Bressner, on behalf of City staff, thanked the group for the recognition of their efforts. He noted the Boynton Heritage Celebration was the result of communities working together to move the City forward. Mayor Taylor expressed appreciation for recognizing the City officials and commended the entire staff, CRA, Library and Children's Schoolhouse Museum for their work in making the event a success. Victor Norfus, 261 North Palm Drive, reported the street lighting between Northeast 14th and 17th Avenues, and 1st, 2nd and 3rd Court were out. There was concern with possible criminal activity in the neighborhood where lights and security were insufficient. Mayor Taylor advised the Utility Department would investigate the problem. Mr. Norfus added the problem may be vandalism associated with gang activity. Reverend Lance Chaney, 238 Birch Street, announced that st. John Missionary Baptist Church had been featured on the Early Morning Show on March 15, 2007 highlighting National Colon Cancer Awareness Month. The show put Boynton Beach on the national map. He pointed out the importance of being tested. Brian Miller, 2515 NE 2nd Court, Chairman of the Community Relations Board, announced a spring cleanup in the Heart of Boynton would be held on March 31, 2007 from 9 a.m. to 11 a.m. He invited everyone to join the feeling of pride. A student garden would be planted at Galaxy Elementary School and eventually at Poinciana School. Mr. Miller noted the event was not part of the National Cleanup to be held on April 21, 2007. Mayor Taylor was glad children would be included. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appoint Chair and Vice Chair of the Community Redevelopment Agency Board. Mayor Taylor opened the nominations for Chair of the Community Redevelopment Agency Board. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Commissioner McCray nominated Henderson Tillman to remain as Chair. Vice Mayor Rodriguez nominated Marie Horenburger as Chair. Mayor Taylor nominated Guarn Sims as Chair. Motion Commissioner McKoy moved to close the nominations for Chair. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Vote Henderson Tillman was approved as Chair of the Community Redevelopment Agency Board by a vote of 4-1. (Vice Mayor Rodriguez dissenting.) Mayor Taylor opened the nominations for Vice Chair of the Community Redevelopment Agency Board. Commissioner McCray nominated stormet Norem as Vice Chair. Vice Mayor Rodriguez nominated Marie Horenburger as Vice Chair. Motion Commissioner McKoy moved to close the nominations for Vice Chair. Commissioner McCray seconded the motion. The motion passed unanimously. Vote stormet Norem was approved as Vice Chair of the Community Redevelopment Agency Board by a vote of 4-1. (Vice Mayor Rodriguez dissenting.) B. Appointments Appointment To Be Made IV McKoy IV McKoy III Rodriguez III Rodriguez II McCray Mayor Taylor I Weiland II McCray Mayor Taylor I Weiland Board Length of Term Expiration Date Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Code Compliance Board Alt 1 yr term to 4/07 Community Relations Board Community Relations Board Alt Reg 1 yr term to 4/07 3 yr term to 4/08 Tabled (2) Education and Youth Advisory Board Education and Youth Advisory Board Education and Youth Advisory Board Alt Alt Reg 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (3) 2 yr term to 4/07 Tabled (2) Library Board Library Board Alt Alt 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 I Weiland Mayor Taylor Recreation & Parks Board Recreation & Parks Board Alt Reg 1 yr term to 4/07 3 yr term to 4/08 Tabled (3) Weiland Veterans Advisory Commission Reg 3 yr term to 4/07 Tabled (2) Motion Commissioner McKoy moved to table all appointments. Commissioner McCray seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - March 2, 2007 2. Regular City Commission - March 5, 2007 Commissioner McCray pulled Item VI.A.2. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. None C. Resolutions 1. Proposed Resolution No. R07-032 RE: Approving and authorizing execution of a Grants Network Master License and Service Agreement with eCivis, Inc. for a total pro-rated cost of $13,173 through October 31, 2007, plus $26,197 for the term November 1, 2007 through October 31, 2008. 2. Proposed Resolution No. R07-033 RE: Approving and authorizing execution of an agreement with the sembler Company to allow a temporary installation of traffic signal poles in a City easement on the west side of Congress Avenue at the entrance to the Boynton Beach Mall adjacent to Olive Garden Restaurant. 3. Proposed Resolution No. R07-034 RE: Approving and authorizing Change Order #7 for the Library Expansion Project in the credit amount of ($12,620). This includes additional costs in the amount of $19,793 due to unforeseen needs and a credit balance from 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 the contractor to the City for deletion of the drive through window insert and canopy top in the amount of ($32,413). 4. Proposed Resolution No. R07-035 RE: Approving and authorizing execution of an agreement for professional planning services between the City of Boynton Beach and Dick Hudson, for an annual amount not to exceed $61,000. 5. Proposed Resolution No. R07-036 RE: Opposing House Bill 529 known as the "Consumer Choice Act of 2007" (H529) urging Florida legislative representatives to refrain from any form of support or co-sponsorship of H529 and to vote in opposition to H529, requesting Governor Crist to advise the House and Senate leadership that he does not support H529 during the 2007 regular session. D. Approve the request of Palm Beach County Division of Human Services to waive the Opening & Closing Fees of $400 at Boynton Beach Memorial Park for Charles McAlevey. E. Authorize the execution of the Certification of Financial Responsibility for the South Central Regional Wastewater Treatment and Disposal Board (sCRWTDB) Injection Well Application. F. Authorize the use of $1,500 for Gulf Stream Council, Inc. Boy Scouts of America, $2,000 for Community Caring Center and $1,000 for Galaxy Elementary School Spring Carnival from Mayor Taylor's Community Investment Funds. G. Authorize the use of $2,000 for the National Youth Association for Academics & Athletics, Inc. from Commissioner McKoy's Community Investment Funds. H. Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from Commissioner Weiland's Community Investment Funds. Commissioner McCray pulled Item VLH. Motion Commissioner McCray moved to approve the Consent Agenda Items with the exception of those items pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VLA.2. Regular City Commission - March 5, 2007 Commissioner McCray read, for the record, the following verbatim excerpts from the March 5, 2007 City Commission meeting: 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 "Vice Mayor Rodriguez: This ordinance is something I've been thinking through because like in any new organization that someone takes over as a leader they usually bring on their new team. I've done it in executive levels in the corporate world." "So, I want to have the prerogative and it's not going to apply to me until three years from now if I get re-elected. But, it could apply to new Commissioners." "Vice Mayor Rodriguez: Let me just respond to that, before your next comment. And obviously when those appointments are made, I mean that would be specified. They would know that that appointment would only be good up until that elected official is on the Commission." "Vice Mayor Rodriguez: No, no, no, I understand that. But the way I would set it up would be, I came into office, 30 days from now, all the appointments made by my predecessor could be reinstated or reappointed by that Commissioner. It wouldn't rotate through like you're doing now." "Vice Mayor Rodriguez: I understand. I mean, it doesn't change that process. That's okay." Commissioner McCray requested clarification of Vice Mayor Rodriguez's intention with the comments, so he could vote on the minutes. Vice Mayor Rodriguez indicated the record spoke for itself. Motion Commissioner McCray moved to accept the minutes with it noted that Vice Mayor Rodriguez meant what he said. Commissioner McKoy seconded the motion. The motion passed unanimously. VI.H. Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from Commissioner Weiland's Community Investment Funds. Commissioner McCray inquired about the $5,000 Commissioner Weiland had requested be authorized for use with the eternal flame. Mr. Bressner explained the contribution was not necessary as Vice Mayor Ensler had already donated the needed monies into the Capital Improvement Fund the previous year for the eternal flame. The payment by Commissioner Weiland would have been a duplicate payment. Motion Commissioner McCray moved to approve Item VI.H. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 VIII. PUBLIC HEARING: 7:00 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. Project: Agent: Owner: Location: Descri ption: Jerry's Cigar Lounge (Paz Plaza) (COUS 07-001) Jerry Pearson II Jerry Pearson II 3301 West Boynton Beach Boulevard Request for conditional use approval for a 1,200 square foot "cigar lounge" in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Gabriel Wuebben, Planner, reviewed the request and noted because alcohol would be served, the establishment would qualify as a bar or cocktail lounge conditional use in a C-3 zoning district. Staff recommended the request be approved subject to the agreement with all conditions of approval. Jerry Pearson, 4772 NW 90th Way, Coral Springs, FI, owner, indicated he had reviewed the conditions of approval and agreed with all conditions. Attorney Cherof inquired if any members of the public wished to speak in opposition or in support of the proposal and no one came forward. Motion Commissioner McCray moved to approve Item VIlLA. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. B. Project: Agent: Owners: Location: Description: The Estates at Heritage Club (fka BOYNTON DIXIE) (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P .A. New Century Boynton One Development, LLLP West of FEC Railroad on the north side of Gulfstream Boulevard (The Estate at Heritage Club PUD, fka Boynton Dixie). Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-Simple townhouse units from 82 townhouses to 25 townhouses and add 56 single-family zero lot line dwelling units (a net reduction of one unit). 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Kathleen Zeitler, Planner, reviewed the request for a Master Plan Modification. Staff review revealed the request did comply with the Planned Unit Development requirements and the requested modification was non-substantial. Staff recommended approval with all the conditions of approval. (Commissioner McCray left the dais at 7:25 p.m.) Jason Mankoff, Weiner &. Aronson, agent for the applicant, advised all the conditions of approval were agreeable. Francisco Perez, architect for the project, reviewed the layout of the site plan. (Commissioner McCray returned to the dais at 7:28 p.m.) Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Item VIII.B. Commissioner McKoy seconded the motion. The motion passed unanimously. C. Workforce Housing Program amending the Land Development Regulations of the Code of Ordinances, to create a new Article X., Workforce Housing Program, providing for regulations and incentives to build workforce housing to ensure that the City has sufficient workforce housing; providing for the ability to amend a land use designation to Special High Density Residential, Mixed-Use or Mixed-Use Core providing that workforce housing units are created pursuant to the terms of this ordinance; providing a savings clause and a general repealer clause. (1st Reading of Proposed Ordinance No. 07-007) Attorney Cherof read Proposed Ordinance No. 07-007 by title only on first reading. Vivian Brooks, CRA Planning Director, reviewed the process that had been followed to create a Workforce Housing Program. The PowerPoint presentation revealed most of the jobs in Boynton Beach pay below 80% of median household income while rents have increased by 79%. Also, 50% of the housing stock was 25 years old or older with only 154 acres of vacant land. Ms. Brooks speculated that the housing market would not drop enough to close the gap between incomes and housing prices to achieve affordability for the workforce. Currently there are no homes in Boynton Beach priced for families earning the median household income. An adequate supply of affordable housing would strengthen the City's economy and retain essential workers, plus attract and retain businesses. Ms. Brooks explained the proposed ordinance would not be a total answer to the housing crisis; however, it was consistent with the Palm Beach County program and it met all requirements of the City's development plans. Increased density would be needed as an incentive for 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 developers. Investigating other construction types, waiver of hookup or impact fees, and reducing tax and insurance burdens were also tools to reduce the affordability gap. Vice Mayor Rodriguez suggested language be added to support incentives when rezoning is not required for higher density. Ms. Brooks indicated the CRA did have a direct incentive funding program that could be utilized. Mike Rumpf, Planning and Zoning Director, responded there was very little land that was zoned for the Special High density. The incentive was there for density. Mr. Bressner did not feel it was necessary to include the language. He did ask if a site plan extension would trigger the reopener on affordable housing or is it still protected by the site plan extension? Attorney Cherof advised a request for site plan extension would not trigger the affordable housing component. Mr. Bressner suggested further research should be done into the affordable housing aspect being applied if a site plan extension were requested. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Item VIII.C. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Mr. Bressner commented the Ordinance was a very important step forward for the City. IX. CITY MANAGER'S REPORT: A. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach Vice Mayor Rodriguez had requested the item be placed on the agenda to inform the citizens how proactive the Boynton Beach Police Department was, the processes for improvement being used and enhancing the perception of safety. Chief Matt Immler, Boynton Beach Police Department, together with Major Frank Briganti, Lieutenant Paul Diehl and Detective Troy Raines appeared for any possible questions. A PowerPoint presentation was given outlining the 2006 crime rates. The largest number of crimes fell under larceny with 40% being retail theft or business theft. Homicides increased the most with four being gang related, three were acquaintance homicides, one drug related and one, the beating of a homeless person. Of the 1,398 violent crimes, only 11 were gang related. Violent crimes had increased by 15% and overall the crime rate had increased by 4% from 2005. He cautioned Boynton Beach is still at the lowest point in crime during the last ten years 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 with less crime in 2006 than in 1999 due to many factors including demographics, the loss of portions of certain communities and the aging of the population. The trend will be an increase in crime as a new generation ages. Chief Immler also attributed the reduction in crimes over the past two years to the hurricanes and the large number of police that were on the street during the recovery process. There was also a change in the philosophy to community policing. The concept puts officers into a community to solve crimes instead of simply writing reports. A preventive policing philosophy would impact crime with the deployment of community action teams. The presence of police in a community regains the confidence of the community and more crimes are reported. Statistics would naturally increase. The Police Department shifted from management/administrative to heavy operational staffing to ensure the maximum number of officers are on the street. Statistics are reviewed on a perpetual basis to anticipate where crime would be likely and deploying the force appropriately. Many calls are referred to other departments who can better resolve the issues. (Vice Mayor Rodriguez left the dais.) The gang activities are a County-wide problem and any gang information is shared with all municipalities. Two officers are exclusively assigned to the gang task force activities. The violent crimes task force also is involved in tracking all violent crime and share all pertinent information. The tactical initiative puts SWAT personnel on the street using a show of force to keep gang activity in Boynton Beach to a minimum. Chief Immler noted it is easy to respond after an event happens. It is harder to be proactive. Commissioner McCray requested further information on the school interaction and gangs. Chief Immler replied a gang education program was being developed to start next semester in the schools. Officers also speak in the classrooms and students often visit the Police Department. (Vice Mayor Rodriguez returned to the dais.) Chief Immler advised the City Manager had instituted a four City cooperative to study the outreach programs being used and coordinate the efforts and develop new programs. The PAL program serves over 700 children and offers them the opportunity to mentor with police officers and other adults. Also the Citizens on Patrol (COP) program has 1,200 members and is going strong. The Citizens' Police Academy attendance has consistently been full. The Police Department website is also a good source of information. The Boy Scouts Explorer Program is also available for boys to learn law enforcement skills. The best outreach is each officer and contact with the citizens. Mayor Taylor mentioned stronger laws are being enacted to allow charges being brought under organized crime laws that would include longer jail sentences for offenders. Chief Immler noted the State Attorney General's office was cooperating and reviewing many of the cases for federal charges. Mayor Taylor declared a five minute recess at 8:21 p.m. Mayor Taylor reconvened the meeting at 8:32 p.m. 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 B. Effect of Additional Homestead Exemption on the City Mr. Bressner reported the City would be faced with revenue restrictions as a result of changes currently being proposed on the State level. Property tax revisions are apriority. A change in the Homestead Exemption from $25,000 to $50,000 would equate to revenue loss of $3.1M for the City of Boynton Beach. Another proposal has been to roll back the City's property tax rate to the 2000/2001 level bringing the current tax rate from 7.1 mills down to 4.80 mills. The revenue would decrease by $12.5M if the proposal were to become effective. Mr. Bressner pointed out the City currently spends more on public safety than collected with all the property tax. He cautioned changes would be made and the City should be prepared to accommodate those changes. The following six areas of possible compromise were discussed for further consideration: . Base future taxes on the 2007 base rather than a roll back . Suggest the Homestead Exemption be increased on a two year cycle . Endorse an assessment based on highest and best use to current use . Resist the concept of increasing the sales tax rate . Smooth out tax assessments to an average over time . Leave the Save our Homes but allow deployment of smoothing of property values Mr. Bressner indicated the six suggested strategies should be pushed to the legislative delegation and shared with other entities to investigate support for anyone or all of the concepts. Mayor Taylor suggested sending the suggestions in writing with the strength of the Commission. Mayor Taylor declared there was consensus to proceed. X. FUTURE AGENDA ITEMS: A. Water, Sewer and Stormwater Rate Study Report (April, 2007) B. Update of Recreation and Parks Strategic Plan (April, 2007) C. Revision of Fire Codes (April 17, 2007) XI. NEW BUSINESS: A. Reconsideration of the Lobbying Ordinance Mayor Taylor indicated upon further review he realized the ordinance would give the government more transparency. He requested reconsideration of the vote. Mr. Bressner noted the County had assigned the management of the ordinance to existing staff at no additional cost. The actual implementation of the regulation was discussed. Commissioner McKoy stressed the Commission was required to disclose any contact by a lobbyist or interested party before an item is discussed. Mayor Taylor indicated the ordinance would give a written record for review. 13 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Commissioner McCray advised his intent was to assure a record of any such contacts would be available. Mayor Taylor contended the process is already in place and would not require any additional recordkeeping for the Commissioners, only the lobbyists. Vice Mayor Rodriguez contended the responsibility should not be with the lobbyist alone. Commissioner Weiland had not heard any disclosures from the Commission. Commissioner McKoy indicated he had disclosed conversations with individuals. Vice Mayor Rodriguez suggested the City Attorney should request disclosure before items are discussed. Commissioners McCray and McKoy agreed and felt it would be the appropriate way to solve the problem. Motion Mayor Taylor moved to direct the City Attorney to prepare an ordinance for review by the Commission to establish a lobbying ordinance. Commissioner McCray seconded the motion. The motion passed 4-1. (Commissioner Weiland dissenting) B. Appointment of Chair and Vice Chair of all Advisory Boards by Mayor and Vice Mayor Motion Commissioner Weiland moved to delete Item XI.B. Commissioner McCray seconded the motion. The motion passed unanimously. C. Strategy of CRA land acquisition along Sea crest Boulevard and the purchase of the Woman's Club Vice Mayor Rodriguez indicated he was alarmed to learn of the $lOM purchase of a piece of land and the acquisition of the Woman's Club in light of the potential financial impact of possible legislative tax changes. In regard to the Ocean Breeze property, Vice Mayor Rodriguez advised he had met with Larry Finkelstein, a former CRA Director, who lobbied him to support the purchase of the 8.4 acre parcels that he owned. Vice Mayor Rodriguez advised Mr. Finkelstein he would prefer to establish a partnership to develop the property. He suggested Mr. Finkelstein return to the CRA and continue to negotiate an incentive project. Mr. Finkelstein did not divulge that previous negotiations with the CRA had failed to provide financial information. Vice Mayor Rodriguez reported back to Lisa Bright, Executive Director of the CRA, on the content of the conversation. The status of the property revealed it was in foreclosure action and Mr. Finkelstein was being sued for failure to pay. In February, Mr. Finkelstein had requested additional time to negotiate a deal which was granted by the Court. He is losing approximately $50,000 on debt service a month for lack of payments. The taxes on the property totally $127,000 had not been paid since 2004. Appraisals were done including one by Mr. Finkelstein for $8.5M done in July of 2006. The eRA's independent appraisal concluded Mr. Finkelstein's appraisal violated many standards of 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 appraisal and valued the property at $6.4M in October, 2006. The original purchase price being $3.5M, Mr. Finkelstein was attempting to gain a $5M profit on the sale. The CRA appraisal was based on two assumptions; one, that the real estate market was strong and two, population growth was high. Neither of those factors exists at the present time according to Vice Mayor Rodriguez. Vice Mayor Rodriguez reviewed the comparable sales used in the appraisal. Only the one comparable located in Delray was in a similar neighborhood that includes an affordable housing provision. In June of 2005, when the market was at its peak the comparable property sold at $11.13 a square foot. Mr. Finklestein's property would have a value of $3.763M at the same square foot value. At the CRA meeting in September 2006, a motion authorized staff and legal to draft a development agreement for consideration and review. The issue of the financial information not being provided was discussed. Mr. Finkelstein did not truly buy the property, but inherited the debt that continues to accrue, according to Vice Mayor Rodriguez. There also exists a lien of $373,000 on the property for demolition that was transferred to the CRA to make the City of Boynton Beach whole. Vice Mayor Rodriguez noted in March, 2007 staff could not evaluate the merits of an agreement because the financial information had not been provided to prepare an incentive package. Mr. Finkelstein wanted the CRA to buy the property for $6.4M plus 1.5%. The CRA agreed with the offer. Mr. Finkelstein also wanted $500,000 for an impact credit for a profit of approximately $4M, which would be $lM above the appraised value. The $500,000 impact credit would be available to any owner of the property. Vice Mayor Rodriguez pointed out the economic analysis done by the Treasure Coast Regional Planning Council done in May of 2006 indicated the CRA had overpaid for the land it had purchased. Also, a controlled phasing plan would allow development of the area over the next two years. The market itself could dictate development at a much lower cost. Vice Mayor Rodriguez's concerns were that questions were not asked about the decline in the market, an offer for a lesser amount was not made, the foreclosure proceedings were not considered and discussion of any factors were not undertaken. He contended the deal was not only bad business, but also bad government at the expense of the citizens of Boynton Beach. He requested the Commission assist in reviewing the entire matter. With regard to the Woman's Club, Vice Mayor Rodriguez agreed it should be preserved, but questioned the need to actually buy the property. He felt other avenues of assisting the Club should be explored. Alternatives were not being fully pursued. Mayor Taylor agreed with many of Vice Mayor Rodriguez's remarks and admitted he was stunned to learn the CRA had voted to spend $7M for the property. Mr. Finkelstein had spoken with Mayor Taylor and was advised the asking price was far too high. Mayor Taylor's concern was once the CRA owned the property, what incentive could be offered to the next developer. The loss that would be realized would eliminate any possible buyer assistance programs. Mayor Taylor had advised allowing the property to go to foreclosure or allow a private purchase of the property. He did not feel the CRA could secure the monies to make the project affordable 15 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 for the homeowners. He agreed it was a bad deal and if it was not too late, the CRA should reconsider their actions. Henderson Tillman, Chair of the CRA, responded the policies and directives followed are internal, yet public information. The entire picture should be reviewed, not concepts and abstracts. Mr. Tillman contended leverage was an important factor to dictate the development of the land. He felt it was ironic the CRA had been criticized for moving too slowly and now criticized for proceeding too quickly. The Woman's Club, as a historic site, is part of redevelopment programs all across the nation. There are several programs for downtown including land banking, a parking plan and preserving buildings in the master plan along Federal Highway. Mr. Tillman outlined his experience with the CRA board and advised he had studied the paperwork and figures before the meeting to assist him in making his decision. Lisa Bright, Executive Director of the Community Redevelopment Agency, addressed the issue of the Woman's Club and pointed out the request was only to pursue the purchase. A funding source is available for a return direct incentive of $2M for the Arches program because that program cannot move forward. Staff took the idea to the board before any expenses had been incurred. The CRA would be pursuing the property and purchase agreement for a cultural center. Mayor Taylor hoped the issues of management of the building would be investigated also before a decision is made. The Mayor was concerned the CRA could be running out of money and if the CRA failed financially, the City would ultimately be responsible for all the bonds. Robert Reardon, Assistant Director of the CRA, advised the recent audit was completed and on file in the City Clerk's office. The audit revealed a substantial fund balance derived from the County grant. The funding for the Ocean Breeze property was in place and all the components were ready to quickly package the project to a developer and recoup the working capital for the project. Ms. Bright reminded the Commission in December of 2005 the City sponsored and supported an affordable access bond. At that time, Ms. Bright committed all those monies to the Heart of Boynton project. The goal was the Ocean Breeze project would be a seed project to revitalize the area, because it was an aggregate parcel. It was Ms. Bright's contention the City was posed to address the workforce housing issue with the County. She stressed the Preserve development included 27 units that were under contract for the workforce housing element. There is a market for moderate workforce housing. Her goal was to activate redevelopment. Mr. Reardon had also questioned the impact fee credit of $500,000 and had originally withheld the amount from the deal. Mr. Finkelstein remained firm on including the $500,000 credit. Ms. Bright indicated the first offer was for $6.4M. Mr. Reardon asserted the $500,000 credit did have value because the next developer would be required to pay the $500,000. The appraiser also agreed the value remains with the seller and the land is enriched by the credit. Vice Mayor Rodriguez also questioned why the demolition fees of $371,000 were dismissed. Ms. Bright responded the fees were dismissed as part of the incentive package for the Heart of Boynton plan. Mr. Bressner indicated his intent was to make sure the City was made whole on the expense and the eRA did provide the funding. 16 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Mayor Taylor inquired if the deal had been completed. Attorney Spillias, counsel for the CRA, responded the contracts had been signed and there was a binding obligation to close as long as all the conditions of the contract had been met. The title review was ongoing and the environmental reports were being reviewed to determine compliance with the criteria of the sale. Attorney Spillias clarified he had not attended the February 23rd status conference. His role was that of an advisor. He reviewed his experience and background to illustrate he fully understood the development process including foreclosures and bankruptcies. Attorney Spillias pointed out Mr. Finkelstein is not paying $50,000 monthly on the debt service. He is not paying anything at this point and debt has accumulated to $4.4M. The purchase price of the property would have to be sufficient to payoff the bond debt of at least $4.4M. Attorney Spillias felt confident Mr. Finkelstein would not be satisfied with simply paying off the debt service and not make a profit on the property because it was a valuable piece of property. Attorney Spillias asserted the negotiated price was not outside the realm of reasonableness given the existing circumstances. Mr. Finkelstein will make a couple million dollars profit. The policy decision was to purchase the property to obtain total control of the use of the parcels. It had been decided the project would be taken to a RFP. Mr. Spillias confirmed Mr. Finkelstein would be required to deliver full and marketable title to all parcels with the exception of the lien for demolition. Commissioner McCray asked for insight on the issue of the $500,000 credit. Attorney Spillias explained the original developer paid the $500,000 in impact fees. The next builder would not have to pay the impact fee again; however a new builder would be given a credit since the fee would be included in the value of the new project. It would be a tool during negotiations, along with the demolition lien, because the CRA now had control of all the parcels. Mayor Taylor confirmed the density would be increased. Ms. Bright added it would be a great workforce housing project. Vice Mayor Rodriguez's final comments contended the CRA could have been more diligent and gotten a better deal for the citizens of the community. There would still need to be an incentive package for any new developer. Mayor Taylor appreciated the discussion because it gave valuable information needed to answer the questions of the taxpayers as they arose. Commissioner McCray recalled the CRA was established to develop blighted areas. He applauded the CRA for attempting to develop the Heart of Boynton Beach area. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-006 RE: Amending Chapter 1.5, Article VI. Concurrency Requirements of Land Development Regulations, to comply with new growth management legislation directing local governments to adopt a methodology for assessing proportionate fair-share contributions from developers to meet traffic concurrency requirements for local roads. 17 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Attorney Cherof read Proposed Ordinance No. 07-006 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-006. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. (Tabled to April 3, 2007) C. Ordinances - 1st Reading None D. Resolutions: None E. Other: 1. Retention of Mark Raymond of Holland & Knight as the City's Bond Counselor retain a new attorney with the law firm Moyle, Flanigan, Katz, Raymond, White & Krasker as the City's Bond Counsel and authorizing the City Manager to sign a letter indicating the City Commission's decision. Attorney Cherof related he had advised Mr. Raymond his presence would not be required. He explained the request. 18 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2007 Motion Commissioner McCray moved to approve the retention of Mark Raymond as the City's bond counsel. Commissioner McKoy seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 10: 12 p.m. ATTEST: t M. Prainito Clerk .~. ....---,,~.../ c-~/ ;' .' ..' .... /","./ ./.: .. L;Dt-.lVtJ . tA :2.' /, dith A. Pyle / Deputy City Clerk, 03/23/07 - z:gt~) ~,"-..,~/... '-'__.H'.' .. ., .. " '....... ~.~.,.....,.,..-"-_.-- <::.--..- 19 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jerry's Cigar Lounge Development P&Z Building Engineering Occ. LIcense Deputy City Clerk APPLICANT/AGENT: Mr. Jerry Pearson II 4772 NW 90th Way, Coral Springs, FL 33067 AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2007 TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,200 square foot "cigar lounge" that proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a strip mall development located on the north side of Boynton Beach Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3301 W. Boynton Beach Blvd. (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -L"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The APP,11nt's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: .:3-JJ.3-07 p~ ~/n. City Clerk S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001\DO.doc Exhibit "A" - Jerry's Cigar Lounge (of Paz Plaza) Location Map I f- => Z ~ cu ~_~ o .0 --. O. I.- :1--, CU O~E . I~ E 0: 8"~ a.. 190 95 0 I 190 380 570 N 760 + I Feet'^' . E 5 D &'- 0- EXHIBIT B 4'-:''' I -+---1'-1l:''' 1._~1t 11'..511 :," ~D r;- :! pas II '-Il:' , 't , ill N G;' ~ \ '- '-- 1';\'-1" Exhibit C - Conditions of Approval Project name: Jerry' Cigar Lounge File number: COUS 07-001 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: 1. The existing landscape trees, bushes, plants and sod for the entire site should X be located in accordance with the original City approved landscape plans on file in the Planning Department as MMSP 03-101, Paz Plaza. Any existing landscape trees, bushes, plants and sod throughout the site that are dead, missing or in poor health, must be replaced in conjunction with the use of the parking lot for the conditional use. [Environmental Regulations, Chapter 7.5, Article II Sec. 7.C.] CaDS 07-001 - Jerry's Cigar Lounge - Conditions of Approval 02/23/07 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 2. Staff recommends that the owner of Paz Plaza execute a cross-access X easement agreement in order to provide interconnectivity with the doctor's office project immediately to the east. 3. The subject approval excludes amplified music or entertainment, which would X require separate conditional use approval. This excludes accessory music, television or other video entertainment played at volumes that are equal to or lower than normal conversation levels within the establishment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge CaDS 07-001 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Estates at Heritage Club PUD APPLICANT: New Century Companies, LLC APPLICANT'S AGENT: Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 909 SE 5th Avenue, Suite 200, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2007 TYPE OF RELIEF SOUGHT: Request a Master Plan modification to revise the type of housing approved from 82 fee-simple townhouse units to 25 fee-simple townhouse units and 56 single-family zero lot line units (a net reduction of one unit) on an 8.6-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .../GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATE~yn. ~,t, City Clerk s: IPlanninglSHAREDI WPIPROJECTSIBoynton DixielMPMD 07-002\00. doc ~~-07 Exhibit --A" - The Estates at Heritage Club PUD Location Map I I LlJ ::> <( NOTN-C'TY -GULFSTREAM DR ! 380 190 I N 1.520+ 'fee E 5 o 380 760 1.140 i I ;~ ~ f ii~1 I ~ -~ 11,.- iF~ [D r- I- COr to 5b S 9 ~ I 9 ~..t:!~. 55 I g~ g~ ~: :;: ., ;: -., 5 ~ ~!:: i :' :' .- - , - I' ~; I ' I~ I ~: [~,4::ii52~i~f!~.,EAS) I d 1 i ~) iy . -" _ .., ">= t- . --' , _ II L&~ ~ ~ ." ;: ;: ;: ;: ;: ;: ~ ~ i !- Uit ~ ~ ~ -= 1- - ;:: 1 ~ . ~ "ifq ~ f ;:: .... llc 111i T_ _ -r;- _ i ~, . i . :Ilfili W I I; ~ .."", _~ ;::';: Ii ,!'} ~J;,j' l~' : If i r ~tta, : .:' : ' I ~u"u'"lif' i I, ,i, .'.i.i,~ ~: fO. ;,.1 '...- .L .- .'C' ! f :i1~ n: fil ; '"'t: - i 'II' ".Ill!'.. ill' ~t' ! '" ~ r+ i, Ii, ---- ,'h~h.r -.t, o I .. rT'I "'. ..~,', ~ --rm-:.:--- II \ !~l&r .-,./ J . ~ ' . ;::1 ' I"I' , . -, ~ :,....; Z i j "- h~~ t . ;: j .&- h. ;:: I :fl ~ I I ':g ~ C.' ~ '" ii, I ~-,l ,I i I I I;!' f"" i I,' ~. T'"" ..: ; ~, i J~lj' r1!. I:. tiL' rmr ~ I i- L L-= ~ ! C ;: I It; .~ . ~I. I. ,- -- · ~_ ~ ..Uj' tIll i .-r1 ill; L.fT' .J i Ll~ I 00 i I! .' i- . '" -J . :.. ~L.J '9 s ~ II. t .~ I 4 : I . J 1 'I h NIJ/rJ6'!jB' : -r x:;;. - 1. ~ r. I J ~ U - ~ 6..47.~o~i.'51' r4tEAs. Ii -.... a,lJ. ill '..!-T-I ~ !~. ~- . Pulry. " ~~ 1.....= S ~ ~ --"--~ eo 6. ... F ~i - - ""-~ ~. 1\' L_~... __-:.J f ~ ~'>-,~-~-=-~- 01i I----i ~ ~ ~ i~ ,;L -----=-- ~ ! I i iii -:-- - - _ . I .----i-_ i. s ----,- I~ . ~It . ~~III ~~ ~ n ~EpilU I ~ III i ~ -Er I P il~li i~'~. ~'I"~ ="'~, ~ I u . ,. ~ ~ j I~ J l -:F-L./ _# ~ ~.. ~ i . ~j qc ::111 :; if : II Ii !- ~ ~ ~~ ~ ~ =! r=' i - I. · 0 ~I i ~ i ~ ci L!j~ t:AH Itsll t:S i GULF ST~fAM ESTATES PLAT NO. 2: (PB 13. PG E>l) GRAYSON HEIGHTS (PB 23, PC 220) ~."'I . my. fj:":"'" ;ot:1= _.--- s. . 0 :r '" x fi; li~- Iii; . . . I; ; ~; I II 'II ~ il ~ I ~ jd ii 51 i ~ ! i~ ~ie " ~ ~ ;i I ~ . i ~ . i i =i;~~= :"" "i~ !i: ~ I I ~I--..~ . . . ~ dll ~ I . !"Ol"'ocu.. t i~i~!:~ . i ~ ft~j<~~~ fhl~: i~~~~ ! b. ~ ';I.~ ~ B ,Ii 1&;1 ~ ~!l ." BOYNTON DIXIE ~ II i I anA SHAH I- i : k= Of BOYNTON ~~~<!!,E!N1Y. ~ ~ ~ ~ ~ : ~ ~~f;?S = . II .....,.... P" ,..a.V ~ ~ C.rllfloate of Awthorfzatlon No. Ui6456 !I:= Oll..I.. - ..&a;n ~1G Miadh ........ ...... &to _"hInpano ...... fl. HOI4 PH:~""C33 .. FAX: 854..;.783-475'4 I I r. I ~1 I f i I . ~~ .. '" l;J E ~ I: ,~ 5 li~- ~ I'f -< i!5 I ,:~,~ #> _. ~ I!~~ I~ ~ !~'3l R 1! 'j~'S: c;; ;;i:~ 5 ~ :~;; i [;I -< .., - ~ ~ L SI " I '" E I :z 'l- e I ~ -;; I ! ~ to ~ I " '" I 8 ~ - I 9 '" I I I I I f~ l I ~i~ I;~! i '- !;; i~i I ( ----::: ~ ~j; ~I~ -'=-= -- ~~~ ~:j I~o! I~ ~~~ d li~ ~ jl ~:I -4f ~~ ill -- :: 0 :: ~ fl iii . t Y 'I I 0'" - EXHIBIT "C" Ii I 1 ( ~~ ~- 1 t. ~[l II n"r'I'flr"I'lil WI'I:t ~ HI [qr t I I ~ {ii' ! ,/ , I II I' !{,..t "", ..,. rP" l Ii r1 ~'.' -;',--~ _ "lr" - ! I I I~; ~ I,t , ' hi 1 ' Hf ~ .'1 l h, 11 n. ;r1iW ilfl'r'!ilrill Brllf ~ I i I r I II i " " ~ It" 1;:... f ....~. .....;:., "i . , II r!'f !il1r f1 " "I L ,', tnlJ' I '\ r i ! r c . in : nrn.. Z 'OZ ~I $: rM i~.,~~ ;j.~O !:!~ ~I . o i~ ~ ~l~~ i!5 ~m ~ ~~ ~ ~, r ~ ~ g -. , II --------------- FLORIDA EAST .. , ------ COAST lilt ----- RAI." bO . I ---- ---=-=-:~~ ------------- ---- ----.-.------....-----.!...-_---- ----------- --------. ------ ---------------- - O~~'!'GHWA Y --------. -~._-----------------~------;~~-~--- ~ Overall Landscape Plan i ~:2~~~..~~:~"II D ~t~l- ~'C""I<:T..~( n- '~~lB . ,"J u.."." "c.,I{C'\I~1 The Estates at The Heritage Club QO l"~ Pl.".,,,,, : \:S J~~~"Hf I "YCU'UHhll'.OCUIIMG .... U' II .. ~ I" \ !i':~gii' Gulfstream Boulevard 1 ARCH lTECTURAL ALUANCE !~- Roynt.on Rp.Acn. F10ridn ..--. , ~ 'u,... """,",uDU:.nwt ...._.lIIolU:.fUIIII....lq.. 'IU>(""""'_ ......l"~p...-ol'I,. __'- EXHIBIT "D" - CONDITIONS OF APPROVAL Master Plan Modification Project name: Estates of Heritage Club File number: MPMD 07-002 Reference: 2nd review plans identified as a Master Plan Modification with a January 30, 2007 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Forestry Comments: 2. Revise plans to relocate canopy trees far enough back from drive aisles to X minimize the potential for vertical conflicts with high-profile vehicles. PUBLIC WORKS-Traffic Comments: None X ENGINEERING Comments: 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the process to re-plat this property through the City's Engineering Division. All Conditions of Approval (COA) generated by the City Commission applicable to this new site shall be reflected on the new record plat. 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 7. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT accordance with the applicable City of Boynton Beach Standard Drawings and and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 8. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the time line should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 9. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that may interfere with utility services, either in utility easements or public rights-of-way. 10. Palm Beach County Health Department permit revisions will be required for X the water and Sewer systems serving this project (CODE, Section 26-12). 11. Water and sewer lines to be owned and operated by the City shall be included X within utility easements in accordance with the LDR, Chapter 6, Article IV, Section 6. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(e). 12. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 14. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 3 DEP ARTMENTS INCLUDE REJECT Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: 15. All buildings, except freestanding private homes, that are over 30 feet high X must have a fire sprinkler system per NFP A 13 R. 16. Entrance gates and all roadways must be a minimum of 20 feet wide for two- X way traffic and 12 feet wide for one-way traffic. 17. Entrance gates must have a KNOX key override installed for Fire and X Emergency Forces entry. 18. Fire hydrants shall be spaced a maximum of 400 feet of road travel apart with X no part of any building further than 250 feet from a hydrant. 19. A flow test shall be conducted within six months of submittal of this project X that shows 1500 gpm at 20 psi available above normal domestic use for Fire Department operations. POLICE Comments: None X BUILDING DIVISION Comments: 20. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 21. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 4 DEPARTMENTS INCLUDE REJECT 23. Add to the submittal a partial elevation view drawing of the proposed X perimeter fence. Identify the type of fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zoning Code. 24. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 26. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 27. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 5 DEP ARTMENTS INCLUDE REJECT 28. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 29. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) PARKS AND RECREATION Comments: 30. Park Impact Fees total $105, 533 (25 Single Family Attached x $1,045/unit = X $26,125.00 and 56 Single Family Detached x $1,418/unit = $79,408.00). The remainder of unpaid portion will be due at time of permitting. FORESTER/ENVIRONMENT ALIST Comments: 31. Revise plans to depict an elevation cross-section detail (similar to sheet AOlO) X of the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) to visually buffer the proposed buildings and parking areas from the Gulfstream Estates single family residences, and from the Gulfstream Boulevard and Old Dixie Highway road rights-of- way. PLANNING AND ZONING Comments: 32. Label on site plan (sheet CE-2) the zoning of adjacent development. X According to Chapter 2.5, Section 9.B., PUD setbacks shall most closely resemble required setbacks of abutting yards when in other zoning districts. 33. Revise typical single-family lot layout / setbacks on site plan and landscape X plan to match. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 6 DEPARTMENTS INCLUDE REJECT 34. Revise plans to indicate easements, including five (5) foot utility easement in X front and rear of each unit, on all landscape plans (LP-l thru LP-8). 35. The removal/relocation of landscape material are subject to review and X approval of the City Forester / Environmentalist. 36. The trees proposed around the townhouse buildings must be installed at Y2 the X building height of the building (Chapter 7.5, Article II, Section 5.M.). 37. Revise detail (sheet LC-l) of the fence proposed around the pool/clubhouse X area and along Gulfstream Blvd., to include material and color (Chapter 4, Section 7.D). Also provide the same detail for the emergency access gate off of Gulfstream Blvd. 38. Revise detail of the decorative posts (sheet LC-2) proposed on each side of X the entry drive (west of mail kiosk), to include materials and colors. 39. Revise detail of the typical outdoor freestanding lighting fixture (sheet LP-5) X to also include the exterior finish, materials used (i.e. concrete or aluminum) and color(s). 40. Revise site plan (sheet CE-2) to indicate locations of proposed entrance signs. X Revise sign detail (sheet LC-2) to include the colors of all exterior finishes (Chapter 4, Section 7.D.). 41. Revise site plan (sheet CE-2) by adding a note to address location of screen X enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "screen enclosures will be limited to the underside of roofed porches. No exterior screen enclosures will be allowed". 42. Revise site plan (sheet CE-2) note 6. and note on typical for premium X homesite re: height of screen enclosures to one-story. 43. Revise site plan (sheet CE-2) graphic for premium homesite typical lot layout X from 6 feet to 8 feet on the non-zero side setback for screen enclosure, to match tabular data. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 44. Condition #2 to read: Revise plans to relocate canopy trees far enough back X from drive aisles to minimize the potential for vertical conflicts with high- profile vehicles, if an exception based on tree selection (i.e. use as of Pigeon Plum) cannot be granted. 45. Condition #30 to read: Park Impact Fees total $105, 533 (25 Single Family Attached x $1,045/unit = $26,125.00 and 56 Single Family Detached X x $1,4l8/unit = $79,408.00). Records indicate $63.322 has been paid to date. The remainder of unpaid portion ($42.311) will be due at time of permitting. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 7 DEPARTMENTS INCLUDE REJECT 46. Condition #34 to read: Revise plans all landscape plan pages (LP-I thru LP- X ID to indicate all platted easements required, inoluding such as five (5) foot utility easement in front and rear of each unit. on all landsoape plans (LP 1 thru LP 8). 47. Condition #41 to read: Revise site plan (sheet CE-2) by adding a note to X address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "screen enclosures 'Nill be limited to the underside of roofed porohes. No exterior screen enclosures will be allowed" "should not extend beyond the roof line". ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHAREDlWP\PROJECTS\Boynton Dixie\MPMD 07 -002\COA.doc