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Minutes 07-03-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 3,2007 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 Rev. Dr. Randall Cook - Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Doctor Marshall Cook from the Boynton Beach Congregational Church gave the invocation and Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy expressed the concern of some constituents regarding the legality of the recent action taken by the Commission to disband the CRA. He asked for the addition of an item under XIII. Unfinished Business, for clarification on the legal right of the Commission to remove the CRA board members. Mayor Taylor indicated it would be Item B. under XIII. Unfinished Business. Commissioner McKoy indicated, since there were many people in the audience regarding the issue, perhaps the discussion could be taken out of order and brought forward on the agenda. There was consensus to hear Item B. under XIII. Unfinished Business immediately following Item VILA. Commissioner McCray advised he wanted to pull Items VI.A.2, VI.C.1 and VILA. 2. Adoption 1 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland announced he would be unable to attend the first Commission meeting in August, 2007, due to family commitments. Commissioner McCray announced the Florida East Coast Baptist Associations' 49th Annual District Congress of Christian Education would be held at the St. John Missionary Baptist Church from Monday, July 16th through Friday July 20th from 8 a.m. to 10 p.m. each day. He invited everyone to attend the event at some time during the conference and also noted more volunteers were needed. Approximately 2,500 guests would be present for the event. Commissioner McCray personally thanked the Boynton Beach Police Department for their assistance in finding his nephew who had gotten on the wrong bus after summer camp. The school district of Palm Beach County assisted in the search along with employees of Camp Good News. Commissioner McCray appreciated the trauma of having a child missing. He expressed concern with the Fire Department who employed the father of the child who did not realize that the health and welfare of a child is paramount. Commissioner McCray indicated he would totally support the Police Department in their upcoming budget negotiations, but would very carefully examine the requests of the Fire Department. Mayor Taylor updated Marie Horenburger's status as she recovers from brain surgery. She was recuperating at Bethesda Hospital and thanked those who kept her in their prayers. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Salute to Independence, Wednesday, July 4, 2007, from 6:30 - 9:30 p.m. at Intracoastal Park. FREE EVENT. A concert with Ovation Band begins at 6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky. Food and beverage vendors will be on-site. Mayor Taylor noted the Salute to Independence event scheduled for July 4th that would include a patriotic salute, music and fireworks to be held at Intracoastal Park. The event was free and would commence at 6:30 p.m. with various vendors for food and beverages present. Also a member from the Delta Demons, 101 Airborne Division would be honored representing the army division adopted by the City of Boynton Beach. B. Community and Special Events: 2 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 None C. Presentations: 1. Proclamations a. Recreation & Parks Month - July, 2007 Mayor Taylor proclaimed the month of July, 2007, as Recreation and Parks month. He read the proclamation and presented it to Wally Majors, Director of Recreation and Parks. Mayor Taylor thanked the Recreation and Parks staff for their continuing efforts maintaining the parks for everyone to enjoy. 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> Steven Anton, 234 SE 2nd Avenue, expressed his concern that the original City of Boynton Beach was being lost to new development, concrete and condos. He urged the Commission to consider their decisions very carefully and save the City's history by preserving the heart and sole of community. Dom Desiderio, 2755 S. Federal Highway, spoke in reference to a letter he had received from the Mayor following Mr. Desiderio's letter published in the Sun-Sentinel. He contended the new library was unnecessary to meet the demands of the City and the fire stations being built were not only too expensive, but also built for the purpose of attracting even more development. Mr. Desiderio alleged the fire tax that was assessed on residents to build the new fire stations, burdens the citizens with funding development rather than the developers. Victor Norfus, 261 N. Palm Drive, thanked the Commission for their support on behalf of the International Summit on Youth Violence and the Caroline Sims Freedom Riders who attended the event in Birmingham, AL. It was an inspiring and motivating event for everyone. Mr. Norfus pointed out not all funds pledged had been received and requested assistance in obtaining those funds. Vice Mayor Rodriguez assured Mr. Norfus the problem would be rectified. Lee Wische, 1302 SW 18th Street, alleged the perception of the City of Boynton of Beach among other municipalities was deteriorating due to Mayor Taylor's erratic voting pattern. He felt the citizens had lost faith in the Mayor's ability to lead the City. Mr. Wische urged the Mayor to resign and noted a coalition had been formed to remove the Mayor by recall. Herb Suss, Quail Run, requested financial records of Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland. He was advised of the procedure to receive those records. He also complained that at the last meeting Vice Mayor Rodriguez had made an offensive gesture 3 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 toward him that should be investigated as an ethical violation. Mr. Suss also questioned a campaign expenditure by Vice Mayor Rodriguez listed as payable to Happy Times at the same address as the private home of David Katz that Mayor Taylor had listed payments. Tom Spatafora, 712 SW 18th Court, questioned the purchase price of property acquired by the CRA on Seacrest Boulevard for $7M. He also questioned the purchase price of $850,000 for the new CRA office that was appraised for only $174,000. Mayor Taylor explained the area would be rezoned to commercial and the office building would be the center of the commercial area for the CRA. Mr. Bressner noted the $174,000 would be the taxable value as set by the tax assessor's office and not the market value. If it had been homesteaded for a number of years, the taxable value under the Save Our Homes initiative would not reflect the market value. Vice Mayor Rodriguez commented the Commission had nothing to do with either acquisition. Henderson Tillman, 43 Bentwater Circle, recognized the former CRA board members and CRA staff members. He commented many individuals did not have an opportunity to speak at the last meeting and were unaware that the resolution vote would be at issue as it did not appear on the agenda. Mr. Tillman questioned the legality of the action of the Commission. The language of the resolution as drafted by the City Attorney was unclear as it pertained to the original ordinance, according to Mr. Tillman. No one else coming forward, Mayor Taylor closed the public hearing. V. ADMINISTRATIVE: A. Appointment of Chair and Vice Chair of the Community Redevelopment Agency Motion Commissioner McCray moved to postpone Item V.A. until after Item VILA. and the, discussion regarding the CRA. Commissioner McKoy seconded the motion. The motion failed 2-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland dissenting) Motion Commissioner Weiland moved to nominate Mayor Taylor as chair of the CRA board. Vice Mayor Rodriguez seconded the nomination. Commissioner McKoy questioned if the Commission was unclear on the legal aspects of the actions of the Commission regarding the CRA, why a chair and vice chair should be appointed. Mayor Taylor responded the business of the CRA had to continue regardless of the outcome. Commissioner McKoy continued once the item was discussed, the legality of the action should no longer be an issue and then the nominations could proceed if necessary. Commissioner Weiland understood he followed all the legal steps needed to pass Resolution No. R07-065. Mayor Taylor indicated the matter should be discussed later in the meeting. 4 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Commissioner McCray advised until there was clarification, he was appalled the same individuals would be placed in the positions without further discussion. Commissioner McKoy noted although Commissioner Weiland understood he had done everything proper, the action was a joint decision of the entire Commission and not an individual determination. Mayor Taylor recalled the action was unanimous. Vice Mayor Rodriguez recognized the decision was not easy and legal representation was present at the meeting and guided the Commission through the process. The CRA business did need to move forward and appointing a chair and vice chair was critical. Commissioner McCray contended the legal representation that was present did not make the ramifications of the decision clear. Mayor Taylor called for a roll call vote. City Clerk Prainito called the roll. The motion passed 3- 2. (Commissioners McCray and McKoy dissenting) Mayor Taylor called for nomination for vice chair of the CRA. Motion Commissioner Weiland moved to nominate Vice Chair Rodriguez as vice chair of the CRA. Commissioner McKoy moved to nominate Commissioner McCray as vice chair of the CRA. Commissioner McKoy moved to close the nominations. Mayor Taylor closed the nominations. Mayor Taylor called for a vote on the nomination of Vice Chair Rodriguez. The vote was 3-2. (Commissioners McCray and McKoy dissenting) B. Appointments Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3) Motion Mayor Taylor appointed Beverly Agee as a regular member of the Building Board of Adjustment and Appeals. Commissioner McCray seconded the nomination. The motion passed unanimously. I III II Weiland Rodriguez McCray Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Alt Alt 33 mo term to 12/09 Tabled (3) 9 mo term to 12/07 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (3) II McCray Cemetery Board Alt 5 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 III Rodriguez Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) IV McKoy Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3) I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (3) Weiland Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3) II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) III Rodriguez Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (3) IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) Motion Commissioner McCray moved to table all other appointments. Commissioner McKoy 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 - June 15, 2007 2. Regular City Commission - June 19, 2007 Commissioner McCray pulled item VI.A.2 for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve the piggyback on the contract of Solid Waste Authority of Palm Beach County, to PHILUPS & JORDAN, INC. for Debris Collection and Disposal 2007 Hurricane Season. The RFP #07-240, is to be utilized as an insurance policy on an "AS NEEDED BASIS". All expenditure will be eligible for reimbursement from FEMA. C. Resolutions 1. Proposed Resolution No. R07-057 RE: Approving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.S., Inc., 6 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 to provide engineering services related to the East Water Treatment Plant chlorine conversion project in the amount of $67,634. (Tabled to July 3, 2007) (Request item be removed from agenda. Staff preparing alternative Task Order.) Commissioner McCray pulled item VI.c.1. for discussion. 2. Proposed Resolution No. R07-066 RE: Approving the co-location of Metro PCS on the existing telecommunications tower at the Public Works Compound (222 NE 9th Avenue). 3. Proposed Resolution No. R07-067 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Tom and Lisa Rispoli for the property located at 3901 89th Road South, Boynton Beach, FL. 4. Proposed Resolution No. R07-068 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with L. Carol and Dennis Brandyberry for the property located at 3926 89th Road South, Boynton Beach, FL. 5. Proposed Resolution No. R07-069 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with James and Linda Ford for the property located at 3927 89th Road South, Boynton Beach, FL. 6. Proposed Resolution No. R07-070 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with The Journey Community Church, Inc. for the property located at 7648 High Ridge Road, Boynton Beach, FL. 7. Proposed Resolution No. R07-071 RE: Approving and authorizing execution of Amendment #4, Task Order No. 17 to CH2M Hill totaling $70,041 for additional engineering services as the construction of the City's AqUifer Storage and Recovery Well No. 2 (ASR-2) nears completion. 8. Proposed Resolution No. R07-072 RE: Approving and authorizing execution of Task Order No. U07-4-2 with Camp, Dresser and McKee, Inc. (CDM) for engineering services related to the City's application for a Water Use Permit Modification in an amount not to exceed $247,000. 9. Proposed Resolution No. R07-073 RE: Approving and authorizing execution of the Planning Funding Agreement with Nextel Operations, Inc. for the reconfiguration of the public safety 800 MHz 7 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 frequency band. There are no costs to the City association with this project. 10. Proposed Resolution No. R07-074 RE: Approving and authorizing execution of a reconfiguration planning phase agreement with Motorola, Inc. D. Approve reduction in surety for the project known as Colony Lake, reducing the required amount from the current value of $300,000 downward to $15,000. Motion Commissioner McKoy moved to approve all items on the Consent Agenda with the exception of those items previously pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VI.A. Minutes 1. Agenda Preview Conference - June 15, 2007 Commissioner McCray requested the minutes be amended to reflect the verbatim remarks of Vinola Rada in regard to the CRA and specifically her reference to "my road". Commissioner McCray wanted it clear that if it were Ms. Rada's road she could pay for it herself, rather than City funds. He suggested comments made should be given more thought by the speakers. Motion Commissioner McCray moved to approve the minutes with the correction. Commissioner McKoy seconded the motion. The motion passed unanimously. VI.c. 1. Proposed Resolution No. R07-057 RE: Approving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.S., Inc., to provide engineering services related to the East Water Treatment Plant chlorine conversion project in the amount of $67,634. (Tabled to July 3, 2007) (Request item be removed from agenda. Staff preparing alternative Task Order.) Motion Commissioner McCray moved to remove Item VI.c.1. from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to remove Item VI.c.1. from the agenda. Commissioner McKoy seconded the motion. The motion passed unanimously. 8 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 VI.c. 8. Proposed Resolution No. R07-072 RE: Approving and authorizing execution of Task Order No. U07-4-2 with Camp, Dresser and McKee, Inc. (CDM) for engineering services related to the City's application for a Water Use Permit Modification in an amount not to exceed $247,000. Commissioner McCray noted he had pulled the item; however, he was now clear on the item and wanted to devote more time to the issue regarding the legality of disbanding the CRA. Motion Commissioner McCray moved to approve Item VI.C.8. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Accept the Settlement Agreement between the City of Boynton Beach and Jeanne Go, M.D. and Ka Hock Go, M.D. and Go & Go, M.D., P.A. for the recovery of staff's total administrative costs and attorney's fees of $5,000 associated with Code Compliance cases 04-2232 & 06-731. Motion Commissioner McCray moved to approve item VILA. Commissioner McKoy seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS (Taken out of ordef) B. Legal right of the Commission to remove the CRA board members. Commissioner McKoy requested the City Attorney's opinion on the process used to disband the CRA and if the State statutes were followed. Attorney Cherof responded the Commission had acted properly and consistent with State statutes. He would have intervened if the Commission had acted improperly at the last meeting. Commissioner McKoy asked for the specific statute to be read. Attorney Cherof did not have the statute immediately available and began to explain his understanding of the pertinent statute. Commissioner McKoy was extremely disappointed that his request to the City Manager had not prepared the City Attorney to have the statute present. Commissioner McCray agreed with the City Attorney that a short recess to retrieve the statute would be appropriate. Mayor Taylor recessed the meeting at 7:13 p.m. for five minutes. Mayor Taylor reconvened the meeting at 7:24 p.m. Commissioner McKoy noted he had requested the section of the statute providing for the disbanding of a body that was appointed by the Commission and asked Attorney Cherof to read the applicable section. 9 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Attorney Cherof responded Section 163.357 Florida Statutes applied and read subsection 1 (a) into the record. "As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may at the time of the adoption of a resolution under Section 163.355 or at any time thereafter by the adoption of a resolution, declare itself to be an agency in which case all rights, powers duties, privileges and immunities vested in this part in an agency will be vested in the governing body of the County or municipality subject to all responsibilities and liabilities imposed or incurred." This section had been cited in the Resolution that empowered the Commission to act as the CRA agency in lieu of the appointed board. Attorney Cherof further clarified the board was not disbanded, only the designation of the members changed. Commissioner McCray questioned the resignation of Ken Spillias as the CRA Attorney and felt it should be investigated. He further reviewed Attorney Cherof's tenure with the City since 1990 and the nine partners of the firm that serve the City with legal representation. Commissioner McCray established the City Attorney reported directly to the Commission and that a super majority vote would be required to remove the City Attorney. He felt counsel had become too comfortable in his position and alleged the Commission had acted improperly at the last meeting and counsel had not correctly advised the Commission. Commissioner McCray sought an explanation for Attorney Ken Spillias' resignation. Mayor Taylor responded Mr. Spillias had explained he tendered his resignation to allow the new board to make a decision on the legal counsel they desired. It was a professional gesture on the attorney's part. Commissioner McCray reiterated his request for further information on the reason for Attorney Spillias'resignation. He requested the information by the next Monday. Rev. Lance Chaney, 238 Birch Street, former CRA board member, voiced his objection to the illegal disbanding of the CRA board and cited a Commissioner could only be removed for neglect of duty or misconduct in office, only after hearing and receipt of the charges in advance. The opportunity for the Commissioner to be heard is also granted. Although Rev. Chaney recognized the Commission had the authority to remove any appointed individual, due process allowed a hearing. He asserted the disbandment was illegal and requested the CRA be reinstated until a remedy at law had been given. Mayor Taylor answered no charges were brought against any individual. Rev Chaney countered a defamation of character had occurred. Mayor Taylor contended there were mutual accusations and the collective board was removed. Rev. Chaney still maintained his legal rights had been violated. He admitted he was not present at the last meeting and had received his information from the media reporting misappropriation of funding and mishandling of monies. Rev. Chaney stressed there was now a broken trust in the community. The Commission had appointed members to the board from the CRA area to be assured the citizens of blighted and slum areas were represented. The recent action eradicated the voice of the citizens and representation for the people on the board. It appeared there had been a prior understanding 10 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 to bring forth the concerns of the governing body and not the concerns of the citizens. Rev. Chaney indicated personal profit appeared to be a factor. He questioned Mayor Taylor's sincerity, integrity and leadership skills. He contended the CRA board had brought the voice of the community back to government. Commissioner McKoy asked the City Attorney to respond to the application of the cited statute. Attorney Cherof replied it had absolutely no application to the action taken by the Commission. The provision provides for the removal of a Commissioner for inefficiency, neglect of duty or misconduct. The Commission reserves the right in the next provision of the statute to designate itself the CRA agency board at any time. No conflict arises. Doris Jackson, 531 NW 10th Avenue, President of the Poinciana Heights Neighborhood Association, asked that the Commission reinstate the CRA board to represent the people. She pointed out the many positive things the CRA had done should have been stressed rather than the mistakes that were mentioned. Mark Karageorge, 240 Main Boulevard, indicated his displeasure with the remarks made against Mayor Taylor because he felt the Mayor had been the voice of reason on the Commission. His leadership was appreciated. Mr. Karageorge felt the decision on the CRA had been rushed and CRA members and staff should have been given notice to attend. He noted there had been no criticism of the CRA staff and the Executive Director who have accomplished a great deal in the last two years. He asked that the issue be revisited by the Commission. Mayor Taylor clarified there had been in-depth discussion on at least three occasions. Sergio Casaine, 13 Meadows Park Lane, asserted more than $225,000 had been spent by the CRA relating to Intown Partners. The many meetings that had been held revealed the CRA staff and board had consistently done an excellent job and protected the City and its citizens. Mr. Casaine contended the allegations made at the last meeting were slanderous. He alleged the Intown Partners were continually begging for money because they lacked financing and were requesting $67M in subsidies over the course of the project. The reputation of the CRA staff and board had been violated. He requested an investigation into the lobbying efforts of Intown as they related to David Katz. Herb Suss, Quail Run, stressed the many positive accomplishments of the CRA board. The board members were entitled to due process that they had not received after many accusations. Mr. Suss suggested the board should be reinstated. Elizabeth Jenkins, 711 NW 1st Street, felt it was time that the citizens in the Heart of Boynton saw some progress in the redevelopment of the area. She implied that the previous CRA board should be allowed to continue their work. Wanna McCloud, born and raised in Boynton Beach, contended the Commission should attend classes to try and bring the City together. She requested the Commission rescind their action and reinstate the previous board. 11 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Victor Norfus, 261 N. Palm Drive, opined the decision to abolish the CRA board was done in a rush and should be reconsidered. The Commission could have appointed other members to sit on the board rather than summarily getting rid of the board. The right of the minority should be heard because the decision affects the entire district. There was no allegation of wrongdoing on anyone's part. All issues should be discussed in an open forum without any pre- determination of the outcome. Mr. Norfus suggested communication was the primary problem and the decision made was unfair to everyone because the voices of the accused were not given an opportunity to be heard. Bellesheba Edden 120S NE 2nd Street, recalled previous campaign promises that were now being broken. She hoped the Commission would recall their promises and support the citizens in District II. Dr. Martha Mix, 225 NE 5th Avenue, contended the Commission should have gone to the prior CRA board and discussed the issues and dealt with the issues. She felt their decision was done hastily and would only hurt the residents of the area. It was not done democratically and should be reconsidered. She knew the Commission was aware of the needs of the entire area. Jonah Tennant, 653 SW 4th Avenue, announced the Boynton Beach Action Coalition had been formed to take ethic and citizen complaints to the people and put the politicians in their place. Commissioner McCray noted that things had not gone well since he had appointed Rev. Chaney to the CRA board, yet it was the proudest thing he had done as a Commissioner, as opposed to voting for Commissioner Weiland's appointment being the worst. Commissioner Weiland explained he had nominated the Mayor and Vice Mayor to be chair and vice chair because they were the only two members of the board that would continue in their positions over the next two years. The three remaining seats would be elected in November. 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. Attorney Cherof administered an oath to all those intending to testify and explained the procedure that would be followed. A. Project: Agent: Owner: Location: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to July 17, 2007) Descri ption: 12 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Mayor Taylor noted Item VIII.A. had previously been tabled to July 17, 2007. B. Project: Agent: Owner: Location: Descri ption: PALM COVE (SPTE 07-008) Bonnie Miskel of Siegel, Lipman, Duanay, Shepard and Miskel, LLP Multiple Owners Extending between Old Dixie Highway and South Federal Highway approximately one-quarter mile north of Gulfstream Boulevard. Request for a one (1) year site plan time extension to the approval (NWSP 05-031) granted on January 3, 2006 from July 3, 2007 to July 3, 2008. Gabriel Wuebben, Planner, explained the project had originally been approved for 121 fee simple townhomes; however, due to the market conditions the applicant could not obtain financing. The developer was revamping the plans to make the project economically sound. No major zoning alteration had occurred. Staff recommended approval of the site plan extension to July 3, 2008 with all the conditions of approval required. Lauren Lending with Siegel, Lipman, Duanay, Shepard and Miskel, representing the applicant, explained the request and advised she was in agreement with the traffic concurrency study results. Other options included a mixed use component that will attract financial backing. (Commissioner McCray left the dais.) Vice Mayor Rodriguez would agree with the extension if some type of site beautification could be added and then recycled into the project. The applicant agreed with the suggestion of beautification. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. He noted both staff and the CRA board had recommended approval of the extension. Motion Vice Mayor Rodriguez moved to approve Item VIII.B. with the addition of a beautification landscape buffer in the interim. Commissioner Weiland seconded the motion. The motion passed 4-0. (Commissioner McCray was absent for the vote.) (Commissioner McCray returned to the dais.) c. Project: Agent: Owners: Location: Descri ption: LAS VENTANAS (ABAN 07-001) (aka Uptown Lofts @ Boynton Place) Epoch Properties, Inc. Epoch Properties, Inc. Extending 300 feet south of SE 12th Avenue Request for abandonment of a 50 feet wide by 300 feet long utility easement containing an area of 15,000 square feet or 0.34 acre. (1st Reading Proposed Ordinance No. 07-015) 13 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Attorney Cherof read proposed Ordinance No. 07-015 by title only. Kathleen Zeitler, Planner, advised a portion of the public right-of-way had previously been abandoned and the property, now approved for a mixed use project, would have a building built on the site. The developer had relocated all the utility lines and requested the abandonment to get the plat approved. Staff recommended approval with the comments of Florida Power & Light. Jim Vitter of Kimley-Horn, representing the applicant, agreed with all staff comments. 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 Proposed Ordinance No. 07-015. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. IX. CITY MANAGER'S REPORT: A. Report on negotiations with Intown Partners LLC, City and CRA - Heart of Boynton and Martin Luther King, Jr. Boulevard. Commissioner McCray requested clarification that a deadline of July 3rd had been given for an agreement to be reached between the parties. Mr. Bressner agreed July 3rd was the deadline and advised an agreement could not be reached. Recommendations would be made. Mr. Bressner advised there were unanswered questions to the developer that were critical to make a business decision. The developer continued to make financing requests for TIF funds. At this point the Commission could conclude the negotiations were not successful, direct staff to continue negotiations with another deadline date, grant an extension for the developer to conclude negotiations or extend the negotiations to March 1, 2008 pending property tax legislation. Mr. Bressner did not anticipate any answers from the developer to be forthcoming. Information had been requested and not received, deadlines were set and not met. Mr. Bressner concluded the negotiations were at an impasse. Commissioner McCray asked if an estimate of staff resources had been calculated. Mr. Bressner replied a substantial amount of his time had been expended, plus the CRA staff and the Treasurer Coast Regional Planning Commission study. It was developed that a meeting with possible investors and the parties had been scheduled for Thursday; however, it was cancelled. 14 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Commissioner McKoy requested a specific recommendation on which of the four alternatives Mr. Bressner would endorse. Mr. Bressner recommended the Commission conclude the negotiations had not been successful. Commissioner Weiland inquired if the time expended in this instance was any different than other projects that requested site plan extensions. Mr. Bressner responded, assuming there would be a return on the investment when the project was completed, extensions were recommended. Barbara Rudd, Estuary Way, Delray Beach, Principal of Intown Partners, apologized for the meeting cancellation. She stressed the project had encountered confusion and frustration in its efforts to move forward. Ms. Rudd announced Urban America had expressed an interest in the project. She outlined the achievements of Urban America, a minority firm, that worked to redevelop inner city areas. They develop residential, commercial, office and mixed use projects nationally. She proposed Urban America would become the main finance arm and general managing partner of the project. The company was dedicated to turning around distressed neighborhoods nationwide with a strong construction program in South Florida. Commissioner McCray requested the exact location of the proposed Seacrest Village site. Ms. Rudd responded the location was NE 9th Avenue, NE 10th Avenue and the south side of NE 11th Avenue on Sea crest Boulevard to Federal Highway. Commissioner McCray asserted the only confusion was created by Intown in the four years they had been in the City. Mayor Taylor commented discussions and negotiations had been ongoing for over a year. The Commission took over the negotiations and Mr. Bressner became involved. Deadlines were established that had not yet been met. Mayor Taylor had met with Urban America and agreed they were a good company that used African-Americans totally. Previous investors had withdrawn from the project. Mayor Taylor had advised the developers and investors that the community did not want increased density and height. Mayor Taylor concurred with the City Manager's recommendation to conclude negotiations with Intown Partners and go back out with a new RFP. Vice Mayor Rodriguez indicated the market had drastically changed since the original RFP was published. It was an extremely large project that would take considerable time and effort. Vice Mayor Rodriguez was not sure any developer could do the project. He suggested the second group be contacted, Auburn Group, and negotiations be commenced to encourage open competition. If the Auburn Group withdrew then negotiations with Intown should be terminated and the process started over. Commissioner Weiland responded if it was decided to re-open the process more than two vendors should be considered. When he was appointed, he commented he wanted to see the Heart of Boynton move forward and had been behind the Intown group. Commissioner Weiland was frustrated and saddened by the lack of progress. III feelings had been perpetuated and could not be overcome. Ms. Rudd contended obtaining financial support had been difficult because Intown had never been designated as the master developer. In spite of that, Intown had found financial backing 15 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 that promoted minority involvement. Commissioner Weiland noted even preliminary figures had never been received from Intown. Ms. Rudd alleged she had never received the Treasure Coast Regional Planning Study after several requests. Mr. Bressner explained Intown had been chosen by the CRA to commence negotiations. It had been a split vote by the CRA board. Vivian Brooks, CRA Assistant Director, advised repeated attempts were made to schedule meetings with the Intown Partners, Richard Baron, Torti Gallas and the Treasurer Coast Regional Planning Council to no avail. The data utilized for the study had been submitted by Intown Partners. The study revealed the project would need to be scaled back. The rents were too high and the amount of retail was too high, for example. Mayor Taylor pointed out it all came down to money and even with the financial support currently in the project, tremendous amounts of money were needed from the CRA and the City, County and State. It would involve the use of all the CRA funds for the one project. The City also doesn't have the money. Urban America has been added but still the money and agreement had not materialized. Commissioner Weiland was encouraged by the entrance of Urban America that the density may not be needed, as well as the funding from the City and CRA. Ms. Rudd indicated she could not commit to something at this time. Urban America does have the money to commence the project. Attorney Cherof pointed out the City Manager had intervened into the negotiations. If the negotiations are deemed unacceptable, then the Manager should be instructed to no longer participate in the negotiations. The matter would then turn to the CRA. Commissioner McKoy noted he had been one of the biggest supporters of Intown in the beginning. However, Intown had ripped apart the fabric of the Heart of Boynton based on rumors of questionable business practices, deadlines missed and refusal to provide necessary information that violates a level of trust than cannot be mended. Motion Commissioner McCray moved for the City Manager to cease negotiations with Intown Partners and the project would return to the CRA and sending out for RFPs. Intown had received more due diligence than it deserved, because it had not acted in good faith and negotiations should cease. Attorney Cherof advised the reference to sending out for RFPs should not be included in the motion. It would be a CRA function. Vice Mayor Rodriguez clarified the only decision that could be made was to cease negotiations and return the matter back to the CRA board. Vice Mayor Rodriguez seconded the motion. 16 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Commissioner McCray restated his motion that negotiations with Intown Partner should cease as of the current date. Attorney Cherof noted this would be information to the City Manager. Commissioner McCray was not comfortable dealing with Intown. Mayor Taylor indicated the matter should be discussed and decided by the CRA board. Attorney Cherof advised if the intent was that the City Manager cease negotiations, the motion should be to so instruct the Manager to not continue negotiations. The matter would then return to the CRA for further consideration. Commissioner McKoy clarified the same five individuals sitting as the CRA will then makes the final decision. Commissioner McCray reiterated his belief that Intown should be removed from the process. Attorney Cherof emphasized the role as the Commission was different from the role as the CRA. The distinction had to be separate. If the negotiations had been successful, the agreement would have been between the CRA and Intown with the City being an incidental party. Motion Vice Mayor Rodriguez moved to cease negotiations between the City Manager and Intown and revert the matter to the CRA for further action. The motion passed unanimously. Commissioner McKoy stressed the preceding discussion was to make the public aware of the action to be taken. Harvey Oyer, 512 N. Seacrest Boulevard, had been attending many Heart of Boynton meetings. He felt the existing people with low income should be given assistance through a public housing authority. The concept of public housing had worked in many areas with the use of a strong public housing authority. Municipal bonds could be issued to finance public housing. B. Update on Youth Violence Prevention Project Mr. Bressner indicated good progress had been made. Regenia Scott, Neighborhood Services Manager reported the executive committee had been established and a chair and vice chair appointed. The steering committee will be a broad range of representatives who will advise the executive committee. It will help establish what type of programs will be needed, where the gaps are in the various programs and work with the various community organizations to engage the resident support. A teen council and forum had also been established for their perspectives and concerns. Also recruitment ads had been placed on BBTV to recruit more youth involvement. The idea is to empower the youth to create viable solutions to youth violence. Recreation and Parks staff and Library staff have also been involved developing interim programs to address the issues. Vice Mayor Rodriguez added Palm Beach County Commissioner Addie Greene was impressed with the efforts of the City of Boynton Beach and had invited other cities to participate in the meetings and share efforts and knowledge. Partnering with the United Way would enable measurable goals to be created and used for monitoring future progress. Commissioner McCray questioned who would be the coordinator. Mr. Bressner advised the coordinator would not be hired as indicated; however, adjustments were being made as part of the budget process and resources would be realigned within the Police Department to 17 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 accommodate the program and the position. Vice Mayor Rodriguez indicated he was unaware of the staffing problem for a county funded position. Ms. Scott advised she had given the program priority and would continue to be committed to the program. Gertrude Sullivan, 201 NE 6th Avenue, indicated the five communities were to be involved and the communication was not adequate to inform the residents of the status of the program. Vice Mayor Rodriguez agreed any perceived miscommunications should be remedied. Ms. Sullivan contended the position should be filled from within the community. Willie Aikens 726 NE 3rd Street, wanted to be assured the information about the programs was distributed to the community and residents. He stressed the programs need to be structured toward saving lives and building futures for the residents. X. FUTURE AGENDA ITEMS: A. Follow up report on Utility rate alternatives - July 17, 2007 B. Appointment of Advisory Committee to name City Facility - July 17, 2007 XI. NEW BUSINESS: A. Discussion of water surcharge on businesses in the City (Tabled to July 3, 2007) Motion Commissioner McCray moved to remove item XI.A. from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Mr. Bressner reviewed the history of the surcharge when it was adopted in 2001 to be activated whenever the South Florida Water Management District governing board declared a state of emergency. A percentage was established for consumption over 10,000 gallons in a billing period. The surcharge was determined to have been discretionary on the part of the City, when the Code was adopted, in an effort to provide an economic base for consumption. The saving of water occurred when the Phase III water restrictions were implemented. There has been some correlation between the surcharge and usage. It is an optional feature of the rate structure. The available options were to continue with the surcharge, modify the surcharge or rescind the surcharge. Vice Mayor Rodriguez recalled there was a request for a list of the type of businesses that would be targeted for exemption on the water surcharge and the financial impact of granting exemptions. Mr. Bressner surmised the question related to the types of business that were water based that would be classified to receive a waiver of the water surcharge. Mayor Taylor agreed with Vice Mayor Rodriguez's recollection of the issue, but noted the agenda item related to eliminating the surcharge across the board. 18 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Commissioner Weiland reiterated his concern relating to fairness for large families and families with low income. Mr. Bressner advised the issue would be presented at the next Commission meeting for merging the rate tiers for the water rate adjustments and the economic impact. Mayor Taylor felt an across the board decision would be more appropriate than attempting to determine what type of water needs would qualify for exemptions. Vice Mayor Rodriguez reiterated the financial impact of eliminating the surcharge needed to be calculated in reference to the revenue stream. Mr. Bressner responded the net earnings were approximately $69,000, not a significant amount in terms of the budget. The water use was retarded more by the Phase III restrictions than the surcharge. Some businesses did feel they bore a disproportionate burden as a result of the surcharge. Motion Vice Mayor Rodriguez moved that the City of Boynton Beach remove, eliminate water surcharges on customer bills. Commissioner Weiland seconded the motion. The motion passed unanimously. Mr. Bressner indicated the rate ordinance on the tiered rate system would reflect the change. Dom Desiderio, 2755 South Federal Highway, owner of Atrium Place, reviewed his water bill and agreed with Mr. Bressner's assessment that Phase III water restrictions had the greatest impact on water usage. Mr. Desiderio concurred with eliminating the surcharge. B. Resolve the issue of access and funding of access to the Ocean 95 Project Commissioner McCray noted government is for the people, by the people. Motion Commissioner McCray moved to approve the funding of Item XI.B. Vice Mayor Rodriguez seconded the motion. The motion passed 3-2. (Mayor Taylor and Commissioner Wetland dissenting.) Attorney Cherof assumed the agreement with the developer would be returned to the Commission. Vice Mayor Rodriguez did not feel there would be any impact to the developer. Mayor Taylor agreed the amount was the same for the developer no matter which route was established. Attorney Cherof contended the agreement should be formalized because it contained dates of when the developer contributed to the route. Mayor Taylor clarified the motion approved pursuing the northern route. Vice Mayor Rodriguez added the funding for the project would be restored in the CIP budget. Wendy Franklin, homeowner along the northern route, strongly objected to the northern route due to the impact on her home and quality of life. She understood from the community meeting the group was going to support a southern route or stop the entire project. She contended the people at the northern end of the community were not considered at all. Ms. 19 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 Franklin had lived in her home for 26 years and had attended meetings on the proposed project since its initial presentation to the Planning and Zoning Board. No other members of the community were in attendance at that time. Major improvements to her home had been undertaken based on the northern route not being pursued. The current vote would depreciate her home's value, knock down a 1926 home and ruin her quality of life. The neighbors did not come forward until it affected their kids and totally disregarded the kids and family in the northern end of the development. Four generations of her family had lived in the area and several family members were currently employed by the City of Boynton Beach and were now being ignored. Ms. Franklin reviewed her many volunteer efforts for the City of Boynton Beach and had never seen any of her neighbors volunteer to help in the community. She did recognize the vandalism in the community by the children of many of the parents now concerned about the safety of the same children. The neighborhood group should direct their efforts toward improving the park, sidewalks and safety rather than expending their efforts to destroy part of the community. Ms. Franklin contended after she and her family had been a large part of the community for many years, she was now being shoved out of the neighborhood. She contended it was not strangers who had caused problems in the community in the past; rather members of the community and their children had compromised the safety of the entire area. If the children of the neighborhood were properly supervised many of the problems would not exist. She felt there were other alternatives that could be pursued, including many community improvements and more parent involvement supervising their children to eliminate the current problems such as drug trafficking in Hibiscus Park. Ms. Franklin understood no one wanted the warehouse in the industrial area and the stress created by the change in plans had been significant for everyone. However, the impact on her and her family had been completely ignored. Commissioner Weiland again reviewed the possibility of the southern route being considered and the safety factors involved, plus the additional expense of pursuing the southern route. Jeff Livergood, Director of Public Works and Engineering, replied the regulatory authority to approve any crossing over the CSX tracks lies with the State of Florida and not the City of Boynton Beach. The cost could be $2M for the southern route because it would involve a costly box culvert and the acquisition of additional property. From an engineering perspective, Mr. Livergood would not recommend the southern route. The State would only consider the route if an engineering firm would develop actual plans as part of the permitting process at a cost of $25,000 to $50,000. Ms. Franklin interjected CSX had previously indicated they were always open to ideas and anything was possible if enough money would be available. She contended the City had not fully pursued the southern route and it could have been at the expense of the developer if the Planning and Zoning board had considered the alternative at that stage. Mayor Taylor would support a southern route, if it was possible. He empathized with Ms. Franklin and the destruction of a 1926 house. The probability of establishing the northern route 20 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 as a public necessity for eminent domain was remote in Mayor Taylor's opinion. Both Ms. Franklin and Mayor Taylor had observed a large number of trucks including flat bed trucks already in the neighborhood. Jeff Morgan, 745 SW 1st Court, contended he was against a northern route and the loss of a home. He was encouraged that a southern route was being considered. Mr. Morgan read a prepared statement indicating that he personally would be affected by the truck route and that safety, specifically of the children, would be compromised. He related statistical research he had compiled involving safety risks between children and trucks. Only a southern route at whatever cost would protect the lives of the citizens. The industrial area alone would depreciate property values and deteriorate the entire neighborhood. He urged the Commission to not make a hasty decision. Jonah Tennant, 653 SW 4th Avenue, alleged the consideration of a truck route by a children's park was illogical, heartless, ignorant, cold and somehow calculated. Even the northern route would destroy a part of Lake Boynton Estates. The southern route would have the least impact on the community. Mayor Taylor asked for consensus to pursue the possibility of a southern route. Motion Commissioner Weiland moved to authorize staff to authorize an engineering study to deal with FDOT to obtain access for a southern route. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. William Deer, 700 SW 1st Avenue, inquired when a street was designated as a truck route who would be financially responsible for the route when it became interstate commerce. He suggested alternative funding may be a possibility. Attorney Cherof advised the character of a street as a City street would not be altered by the designation as a truck route. It would be maintained as a City street. Mayor Taylor pointed out Boynton Beach Boulevard was a State road and Congress Avenue was a County road. Mr. Deer inquired if the gas tax monies could be utilized for the truck route. Mr. Bressner responded it was a state shared revenue used for road maintenance and the bus system. Commissioner Weiland inquired if the existing truck route had been officially designated as a truck route. Mr. Bressner replied historically there was a designation. Mr. Livergood indicated there was a recommendation for a route where the trucks would travel and all other residential streets would be prohibited. Mr. Bressner interjected a designated truck access point was established running parallel to Boynton Beach Boulevard along 1st to 6th. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 21 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 1. Proposed Ordinance No. 07-013 RE: Amending the Land Development Regulations (LDR), Chapter 5, PLATTING, to clarify the requirements to re-plat any previously platted property due to any reconfiguration of the property or the combining of properties to create a new development. Attorney Cherof read Proposed Ordinance No. 07-013 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-013. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 07-014 RE: Amending the Land Development Regulations (LDR), Chapter 6, REQUIRED IMPROVEMENTS, to clarify the requirements applicable to developmentjre-development projects other than standard subdivisions. Attorney Cherof read Proposed Ordinance No. 07-014 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-014. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading None 22 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Discussion of disposition of Old High School (Request postponement to August 21, 2007) Vice Mayor Rodriguez had no objection to the postponement of the discussion. He clarified his remark that the Old High School was an eyesore was based on the fact the building had been abandoned and its current state of disrepair, not its historic value. His intent was to initiate action. Paula Melley, 729 Mariner's Way, suggested a public-private partnership could save the building and identify additional sources of funding. She felt the responsibility should be an effort of the citizens and the City. She referred to the historic preservation ordinance that mandates saving structures to preserve the heritage. Mayor Taylor itemized various recurring monthly expenses associated with maintaining the Old High School. He noted it was only a high school for a very few years and many other buildings in the City were older. Many organizations and people had come forward pledging financial support and no funds have been provided. He was in favor of preserving some type of monument; however, the $8M could be spent building a new facility. Ms. Melley advised there were papers filed in Tallahassee referring to the building and its historic value to the City of Boynton Beach. She contended the monies were available, but the desire of the City was not available. The City ordinance mandated a closer look at preserving the building, in her opinion. Her view was the City needed uniqueness and an identity to attract more people to the City. Commissioner Weiland concurred the money was available if the City would support the effort to save the structure. He supported the effort to restore the building, but cautioned losing the building may be inevitable as time progressed. Vice Mayor Rodriguez suggested further discussion at the CRA meeting was needed to determine the actual validity and scope of the efforts to save the building. Steve Anton, 234 SE 2nd Avenue, offered his opinion that the Old High School could not be replaced and opportunities to entice people to the downtown area was vital for the City to prosper. He urged the Commission to have foresight and ensure the City's future by giving the residents activities and a place to visit and enjoy. 23 Agenda Regular City Commission Boynton Beach, FL July 3, 2007 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:26 p.m. ATTEST: ~- /,;Y .> , ." /' .<- -// z- '//. A...._ ..' 'rCommisiioner - caVf'<6Y ~'=) ) L.> 24 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Cove Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Bonnie Miskel - Seigel, Lipman, Duanay, Shepard and Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Dr., Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request for a one (1) year site plan time extension to the approval (NWSP 05-031) granted on January 3, 2006, from July 3, 2007 to July 3, 2008.. LOCATION OF PROPERTY: Extending between Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard. 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 Applic8jlt'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: 7-t: -07 ~it~;k p~ ,.',('.; ~' .' t, "" ,',: .;'..,t.,-:,,: ,._.'.' . -';i ;;,:,};~:'!:_W:i:~:',?_:;',-:: ,-~:',.J~~ ;i:;.i~~,:'">:"::_, -. S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\DO.doc EXHIBIT "C" Conditions of Approval Project name: Palm Cove File number: SPTE 07 -008 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X -'0- ,._ _~___..'_._ -~- -~_. ...._~- _..'. .U.~_ - -,_.- - .- POLICE Conunents: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: I. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. An updated traffic concurrency determination letter will be required if building permits are not issued prior to the end of 2007. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. Provide beautification along Federal Highway as an interim improvement X to address unsightly property appearance. S:\PlanningISHARED\WPIPROJECTS\Palm Cove (aka Miller Rd Project)ISPTE 07-008\COA.doc Exhibit nAn - Site Location Map Palm Cove R3 o 105 210 I 420 630 840 I Feet N w.' s DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lofts Development P&Z Building Englne.rlng Occ. L1cenle Deputy City Clerk APPLICANT'S AGENT: Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5',2007 TYPE OF RELIEF SOUGHT: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. LOCATION OF PROPERTY: 623 South Federal Highway 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 DATED: 7-~-07 m.P~ City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07 -007\DO.doc EXHIBIT "e" Conditions of Approval Project name: Boynton Beach Lofts File number: SPTE 07-007 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. Requirement for planting of palm trees along the rights-of-way in the X interim, prior to beginning of construction, to enhance the appearance of the vacant parcel. S:\Plan ning\SHAREDI WP\PROJECTS\Boynton Lofts\SPTE 07 -007\COA.doc Exhibit nAn - Boynton Beach Lofts - 623 S. Federal Hwy. Location Map 125 62.5 0 I 125 250 375 N 500 ~ 'Feet "~> 5