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Minutes 09-14-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON MONDAY, SEPTEMBER 14, 2009 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. followed by the invocation given by Commissioner Jose Rodriguez and the Pledge of Allegiance to the Flag led by Commissioner Marlene Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced an addition of Item B under Code Compliance and Legal Settlements and an Item Q under Consent Agenda to authorize use of his Community Investment Funds for $1,000 to the Community Caring Center, $1,000 to the Women's Circle, $1,500 to the Friends of the Library, $1,000 to Headstart and $1,500 to the Woman's Club. There was also a deletion of Item 2 under XII. Legal, Other. 2. Adoption Motion Commissioner Weiland moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Public Hearing on Fire Assessment a. Adoption of Proposed Resolution No. R09-128 Re: Relating to the provision of Fire Rescue Services, facilities and programs in the City of Boynton Beach, Florida imposing fire rescue assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning October 1, 2009; approving the rate of assessment; approving the assessment roll; and providing an effective date. 1st Budget Public Hearing for Fiscal Year 2009/10 a. Proposed Resolution No. R09-129 Re: Adopting the Proposed Millage Rate for Fiscal Year 2009/10 b. Proposed Resolution No. R09-130 Re: Adopting the Tentative Budget for Fiscal Year 2009/10 Attorney Cherof read Proposed Resolution No. R09-128 by title only. A representative from GSG, the Consultant retained by the Commission, gave a brief overview of the content of the resolution containing all the aspects of the Fire Assessment program. Jason Bucholtz, representative of Government Services Group, explained the program started in 2001/2002 timeframe and became effective November, 2002. Updates were made last year and no changes had been made from those accepted by the Commission. The preliminary assessment resolution was adopted in July, 2009 and indicates the methodology used. In August 2009 notices were mailed to any newly affected property owners. Residential properties are assessed on a per unit basis. Non-residential properties are divided into groups, commercial, industrial/warehouse, institutional and nursing home properties assessed on a square foot basis. The same exemptions applied and there would be a continuation of the hardship program. The rates for 2009/2010 for residential properties would be $68 per dwelling unit and non-residential rates are commercial, 16~ a square foot; industrial/warehouse, 4~ per square foot; non-residential, 17~ a square foot and nursing home property, after buy- down, would be 17~ a square foot. Estimated net revenue would be $3.3 million. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public audience. Commissioner Rodriguez questioned the rounding factor. Mr. Bressner responded the $348,000 were the six firefighter positions to be funded out of the fire assessment fund. 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Resolution R09-129 by title only. Mr. Bressner recalled the tentative millage rate of 7.3 mills that had been set in July. He reviewed a study done by staff on the decrease in the 2008 and 2009 property values and impact of the 7.3 millage based on the August 2009 TRIM notices. Neighborhoods were selected from all four quadrants of the City with a mix of new and old neighborhoods and housing styles. Of the 189 properties selected, there was a mix of homesteaded and non- homesteaded properties also. The 2008 taxable value of all properties were $32.4 million and in 2009 the value dropped to $25.3 million. Overall, the City taxable value dropped 18.5%. Ten of the 13 neighborhoods had a decline in the City taxes based on the tentative millage rate. The total proposed taxes for the group declined $24,000. The sample group had 60% with a reduction in taxes and 40% would have increased taxes. An increase of less than $100 was calculated for 45% of the property owners, 8% would have an increase between $201 and $300 and only 4 would have a $300 increase in their taxes. A projected 12% decrease in taxable value was anticipated for next year, mainly in commercial and industrial properties based on high vacancy rates. The market value of residential properties was projected to drop also and the statute required if the market value dropped below the taxable value, then the taxable value is required to be reduced as well. With respect to the budget changes since the July budget meeting, slides in State shared revenues remains a concern and Mr. Bressner suggested another $200,000 be cut from projected revenues. The current litigation relating to the red light cameras would indicate the anticipated revenues be cut from the budget also. The policy direction to transfer monies to the CRA for the police coverage would be handled by a reduction in revenues. On the positive side, the COPS grant increased by $617,000 and utilization of the fire assessment funds for the six firefighters results in a $348,000 benefit to the City. The savings for the four-day work week was reduced by $10,000. The impact of decreasing the rate of filling any vacant positions would result in a $250,000 savings. The elimination of the longevity program and the reduction of two holidays had to be added into the budget because the police and fire collective bargaining units would not agree to reopen negotiations on those issues. The net impact to the General Fund would be $1.3 million less. Commissioner Weiland recalled the issue relating to the executive deferred compensation funds of $123,000. Mayor Taylor reiterated his position that the deferred compensation was included in the hiring contract as an incentive to work in Boynton Beach. It was a valuable recruitment tool and should not be taken away from those who were hired under those conditions. Commissioner Rodriguez indicated sacrifices were made by all the employees and the deferred compensation benefit for top management was a bonus program because it had no impact on paychecks and would set a leadership example for stewardship. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Rodriguez moved to eliminate the deferred executive bonus program. Commissioner Weiland seconded the motion. The motion passed 3-2. (Mayor Taylor and Vice Mayor Hay dissenting) Commissioner Rodriguez revisited his suggestion that an additional 25% be taken off of business meetings and memberships line items. Mr. Bressner indicated he had already reduced those items for all departments. Motion Commissioner Rodriguez moved to reduce business meetings, publications and memberships by another 25%. Commissioner Weiland seconded the motion. Vice Mayor Hay asked for Commissioner Rodriguez's rationale for further reduction. The City Manager had previously made an analysis and reductions. Commissioner Rodriguez suggested $150,000 would be sufficient and force the employees to manage their resources. Mr. Bressner noted he had cancelled a conference and each department was analyzed and cuts made accordingly. It was not an across-the-board cut. Those type of cuts were only done for cell phones and car allowances and were included in the original budget discussions. Mayor Taylor did not agree with any further arbitrary reduction. Commissioner Ross recalled extensive discussion on the issue at the July workshops and there was consensus at that time. Commissioner Rodriguez felt $100,000 in memberships was outrageous and Mr. Bressner disagreed. Mayor Taylor suggested many were required to maintain aspects of their positions. Commissioner Weiland stressed some could be accessed online also. The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting) Mayor Taylor opened the issue for public hearing. Mike Osborn, Coelbes Avenue, steward for the SEIU Blue Collar Union, reported all employees recognize the economic situation and are willing to give up wage increases and certain reductions. He appreciated the response of the Commission to not reduce wages. He stressed that many employees of the City also reside in the City and a reduction of benefits and increased taxes create double losses for those employees. Mr. Osborn suggested the City further investigate the possibility of paying for mileage rather than car allowances to save money. He pointed out employees hired under the civil service contracts have seen many of the benefits established when they were hired taken away. Cell phones that are distributed cost $40 per phone, allowances are $50 to $125. Other companies offer phones for as little as $20 a month. Mr. Osborn indicated the unions were never asked for suggestions on budget cuts. Requests were being made to reduce the number of holidays and require employees to pay more for medical benefits and eliminate longevity pay while the deferred compensation was allowed to remain. The core values of the City are not being upheld by management while the employees are being asked to take more and more cuts. Mr. Osborn's department would 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 operate under budget for the current fiscal year. He urged the Commission to remember the employees are working everyday for the benefit of the citizens and should not have to endure wage and benefit reductions plus tax increases. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, spoke as a resident and a realtor. She discussed the impact of the economic crisis on the real estate market and realtors and requested the Commission be cautious in spending. She stressed realtors would lead the country out of the recession and result in increased revenues for municipalities. Jane Stroschein-Rousseau, Government Affairs Chair of the Realtors Association of the Palm Beaches, realized maintaining the millage rate would result in major cuts and a difficult choice. However, raising taxes would be an unsound choice in the current economy. Deep cuts may be necessary temporarily. Many fees were increasing and a higher tax rate will slow down any recovery efforts. She urged the Commission to keep the millage rate the same as last year. Warren Timm, NE 26th Avenue, a previous business owner, stressed a common goal was needed to protect the employees and residents. Chuck Highley, owner of US 1 Self-Storage on Federal Highway, reported his assessed value decreased and his gross revenues had decreased. Any increases in taxes would put him out of busi ness. John Miksim, representing the Palm Beach County Board of Realtors, added new businesses could not be attracted to an area where the millage rate was so high. A closer analysis of spending practices was needed for not only this year, but also next year. Businesses were going elsewhere and foreigners were not coming to the area due to the tax rates. No one else coming forward, Mayor Taylor closed the public audience. Commissioner Rodriguez clarified the differences in the schedules presented. Mr. Bressner noted with the latest changes and elimination of the $912,000 contingency, the millage rate would be 7.046 while retaining $772,000 as a reserve against deteriorating revenues. Commissioner Rodriguez noted if the debt service for the new police facility was eliminated, the millage rate would fall to 6.7 mills. It may not be the right time to build a new police station. Commissioner Weiland cautioned opportunities may pass as the economy improves and prices increase. Committing the City to further debt may not be appropriate at this time when the money could be used for preparing for next year's budget. Options for City Hall, Police facility, Public Works, and Animal Control need to be carefully studied. Commissioner Ross indicated four proposals had been submitted and the window of opportunity may not continue. She wanted to review the proposals before any decision was made. Commissioner Rodriguez suggested a referendum be added to the March ballot relating to a new Police facility and City Hall. Vice Mayor Hay supported the referendum on the new Police facility. Mr. Bressner clarified the differences in the various models suggested. Based on the information garnered, the 7.3 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 millage rate would be reduced to 7.04. Elimination of the debt service of $1.8 million would translate to a millage reduction of .3078 to 6.726 mills. Motion Commissioner Rodriguez moved to defer the $1.1 million debt service and include the issue as a referendum on the March ballot for the voters to decide. Commissioner Weiland seconded the motion. Mayor Taylor indicated he agreed with the referendum. He questioned if the referendum passed, how would the debt service then be funded? Mr. Bressner advised if bonds were authorized, a further tax would be assessed. The motion passed unanimously. Commissioner Weiland developed the fact the language of the referendum would have to be approved by the Commission by ordinance with two readings. Motion Vice Mayor Hay moved to adopt the 6.726 millage rate. Commissioner Ross seconded the motion. Attorney Cherof reminded the Commission that each time the millage rate was reduced it became the new ceiling and the rate could not increase. Commissioner Weiland advised he would vote in favor of 6.726 mills as a result of compromise on all sides and he appreciated everyone's time and effort to work together. Commissioner Rodriguez advised he would vote in favor of 6.726 with the knowledge that there is yet another opportunity to lower the rate further. Mayor Taylor emphasized the $772,000 contingency would be intact. The motion passed unanimously. Motion Vice Mayor Hay moved to adopt Proposed Resolution R09-129. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Resolution No. R09-130 by title only and advised the numbers in the resolution would change based on the millage adopted. Mayor Taylor opened the issue for public hearing. No one came forward. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS &: PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: None 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> No one came forward. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date I Weiland Arts Commission Reg 3 yr term to 12/11 Motion Commissioner Weiland moved to move Dana Cook from an alternate to a regular member of the Arts Commission. City Clerk Prainito advised the regular appointment was not vacant and should not have appeared on the agenda. I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Mayor Tayior Bldg. Bd. of Adj. & Appeals Ait 1 yr term to 12/09 (Tabled 3) I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 2) Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 3) II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2) IV Ross Community Relations Bd. Reg 3 yr term to 12/10 III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 3) Motion Commissioner Ross moved to appoint alternate Lloyd McCoy to a regular member of the Community Relations Board. Commissioner Weiland seconded the motion. The motion passed unanimously. IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 II Hay Library Board Alt 1 yr term to 12/09 (Tabled 3) III Rodriguez Library Board Alt 1 yr tenm to 12/09 III Rodriguez Planning & Deveiopment Bd. Alt 1 yr term to 12/09 (Tabled 3) Motion Commissioner Rodriguez moved to appoint Warren Timm as an alternate on the Planning and Development Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor Recreation & Parks Adv. Bd. Reg 3 yr term to 12/10 I Weiland Recreation & Parks Adv. Bd. Reg 3 yr term to 12/11 Motion Mayor Taylor moved to appoint Corey Cook as a regular member of the Recreation and Parks Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Weiland noted although Mr. McVey had missed four meetings he was an asset to the Recreation and Parks Advisory Board and moved to re-appoint Jack McVey. Mayor Taylor would not support the appointment due to the lack of attendance by Mr. McVey. Motion Commissioner Weiland moved to appoint Thomas Gresh as a regular member of the Recreation and Parks Advisory Board. Commissioner Ross seconded the motion. Commissioner Weiland clarified he was withdrawing re-appointment of Jack McVey and appointing Thomas Gresh. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 The motion passed unanimously. Commissioner Ross interjected an informational item. She announced an update on the stimulus funding revealed many opportunities including a local youth mentoring initiative and an energy efficiency and conservation block grant of $240,000 had been awarded. Commissioner Rodriguez recognized many of the Commissioners had attended the Children's Schoolhouse Museum fundraiser. It was an exciting event and he imagined the possibilities of the Old High School. He commended Mayor Taylor for dancing with an autistic child and creating a special moment for the little girl and all those who attended. Commissioner Ross agreed it was a touching moment. Mayor Taylor announced he, Vice Mayor Hay and Commissioner Ross attended the Palm Beach County literacy luncheon where Boynton Beach was recognized for its in-house literacy program to train employees. West Palm Beach has commenced a similar program. Commissioner Ross has been appointed the City's liaison for all literacy issues within the City. 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. Regular City Commission - September 1, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award piggyback of Palm Beach County Annual Traffic Signal Construction Contract project #2009055 which was awarded to Gerelco Traffic Controls, Inc. of Port St. Lucie, FL for the construction of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard for a total cost of $248,887.28, which includes a 5% contingency. (Proposed Resolution No. R09-131) 2. Approve purchase of 26 Panasonic ToughBook computers from More Direct in the amount of $46,577.70, replacing the existing laptops that are currently out of warranty. Commissioners Weiland and Rodriguez pulled Item VLB.2 for discussion. C. Resolutions 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 1. Proposed Resolution No. R09-110 RE: Approving the amendment of Resolution R09-110 to reflect the Florida Housing Finance Corporation's interpretation of its recapture requirements to bring them in line with FHA standards. 2. Proposed Resolution No. R09-132 RE: Approving and authorizing execution of an application and agreement for Library State Aid Grant. 3. Proposed Resolution No. R09-133 RE: Approving the subordination of the City of Boynton Beach mortgage for Wendell Warren, residing at 2071 N.W. 2nd Street 4. Proposed Resolution No. R09-134 RE: ApproVing and authorizing execution of an agreement with Counseling Services Institute, Inc., (CSI), the City's current Employee Assistance Program (EAP) provider, for confidential profeSSional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $10,800. 5. Proposed Resolution No. R09-135 RE: Approving and authorizing execution of Amendment No. 2 to Task Order U08-01-05 for ARCADIS U.S., Inc. in the amount of $185,700 with a 5% contingency of $9,285 for a total expenditure of $194,985 for engineering services for the replacement of the vacuum filter at the East Water Treatment Plant. 6. Proposed Resolution No. R09-136 RE: Approving and authorizing execution of a three year lease agreement between the City of Boynton Beach and Ellie's Catering, Inc. for the concession operations at the City Library Cafe; authorizing staff to act as general contractor to construct the improvements and award purchase orders to the lowest bidders per trade; approve a construction budget in the amount of $104,452 plus a 10% contingency plus $48 for a total project budget of $115,000; authorizing an interfund loan at the annual rate of 3%; authorizing amendment to the City Capital Improvement Plan for fiscal year 2008/2009. 7. Proposed Resolution No. R09-137 RE: Approving and authorizing execution of a contract with Special Teams LLC (Donna Brosemer) for completion of annexation project via Interlocal Service Boundary Agreements (ISBA), Educational Advisory Board Services, Economic Development Program support and for other activities as authorized by City Manager or requested by the City Commission. D. Approve the return of cash surety for site-restoration on the Estates of Heritage Club PUD, in the amount of $26,554. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 E. Approve the updated Library Long Range Plan for 2009-2012. Commissioner Ross pulled Item VI.E. for discussion. F. Accept the written report to Commission of purchases over $10,000 for the months of July and August, 2009. G. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the eleven months ended August 31, 2009. H. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" and allow for the auction of the items. I Authorize the use of $1,000 for the Community Caring Center, $350 for the Caridad Center and $1,000 for the Schoolhouse Children's Museum from Commissioner Ross's Community Investment funds. J. Authorize the use of $2,400 from Commissioner Weiland's Community Investment Fund to assist The Dancer's Alchemy, Inc. and $2,500 for the Jayne E. Miller Nursing Scholarship Fund. K. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to assist the Schoolhouse Children's Museum and $800 for the Boynton Woman's Club. L. Authqrize the use of $1,500 to The Children's Fund/Hispanic Human Resources Council from Commissioner Rodriguez's Community Investment Fund. M. Authorize the use of $1,750 from Commissioner Rodriguez's Community Investment Fund to assist the Colonial Club Section I and II with re-Iandscaping of Clubhouse and pool. Mayor Taylor pulled Item VI.M. for discussion. N. Authorize the use of $825 for the Community Caring Center and $825 for the Caridad Center from Commissioner Rodriguez's Community Investment Funds. O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner Rodriguez's Community Investment Funds. Mayor Taylor pulled Item VI.O. for discussion. P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from Commissioner Rodriguez's Community Investment Fund. 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Mayor Taylor pulled Item VI.P. for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of those items pulled for discussion. Commissioner Ross seconded the motion. The motion passed unanimously. VI.B.2 Approve purchase of 26 Panasonic ToughBook computers from More Direct in the amount of $46,577.70, replacing the existing laptops that are currently out of warranty. Commissioner Weiland inquired if replacement was based solely on the expiration of the warranty and if repairs were feasible to delay the additional cost. Chief Immler explained the computers to be replaced would require more repairs than the expense of new laptops. They are the car computers and are about eight years old. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. VI.E. Approve the updated Library Long Range Plan for 2009-2012. Commissioner Ross noted the Long Range Plan enabled the Library to apply for State Aid grants. It is a three-year rolling plan updated yearly and approved by the Commission. The entire City should be proud of the Library and Commissioner Ross commended Craig Clark, Director, and his staff. The grants brought additional library resources to the community and the technology plan expenses were all addressed in existing budget requests. The plan did not request any additional funding. Motion Commissioner Ross moved to approve. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.M Authorize the use of $1,750 from Commissioner Rodriguez's Community Investment Fund to assist the Colonial Club Section I and II with re-Iandscaping of Clubhouse and pool. VI.O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner Rodriguez's Community Investment Funds. VI.P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from Commissioner Rodriguez's Community Investment Fund. 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Mayor Taylor indicated he had pulled the items because each involved landscaping improvements on private land. The established eligibility for funding requires that the expenditure not result in the improvement to private property. Commissioner Rodriguez pointed out the Boynton Isles funding was for signage. Mr. Bressner noted the sign was within the City right-of-way as verified by Mr. Livergood and any work would require a permit. Mayor Taylor recalled in 2007 Boynton Isles was given $1,300 for canal maintenance that was later requested to be used for landscaping and sign maintenance. Mr. Bressner agreed with the facts and added a letter was sent for use of funds as is done in all instances. No response had been received. Commissioner Rodriguez advised the funds were still available awaiting the completion of a major street renovation in the neighborhood. The other neighborhoods were struggling and the improvements would enhance the beautification of the City and Federal Highway. Commissioner Weiland agreed with the requests as long as the criteria was met. Attorney Cherof advised the criteria was established by resolution in 2006 and it did state that public funds shall not be used to improve private property but creates the exception when the Commission finds a clear public need, purpose or benefit. Commissioner Rodriguez added the communities were in the CRA area and had not received any funding from the CRA. It goes to the beautification of Federal Highway as a major corridor in the City. Mayor Taylor would approve the monies for Boynton Isles since it is on public property. Commissioner Ross mentioned that many community homeowner associations are struggling in the economy with foreclosures. Motion Commissioner Rodriguez moved to approve Item VI.M. Commissioner Weiland seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting) Motion Commissioner Rodriguez moved to approve Item VI.O. Commissioner Weiland seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting) Motion Commissioner Rodriguez moved to approve Item VI.P. Commissioner Weiland seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting) VII. CODE COMPLIANCE &: LEGAL SETTLEMENTS: A. Approve negotiated settlement agreement in the amount of $16,000 in the case of Jimmy Gray vs. City of Boynton Beach. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Approve negotiated settlement agreement in the amount of $8,500 in the case of Lopane vs. City of Boynton Beach. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 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 on any of the matters for public hearing. A. Project: Casa del Mar (SPTE 09-010) Agent: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP Owner: Lancore Nursery, LLC Location: 2632 North Federal Highway Description: Request for a third year site plan time extension for a new site plan (NWSP 06-015) and height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending site plan and height exception approval including concurrency certification from July 18, 2009 to July 18, 2010. Ed Breese, Principal Planner, reviewed the request for a time extension. The project consisted of 42 town homes and 40 condominium units. The justification was the delay in dealing with outside agency permitting before requesting City permits. Due to the economic downtown, other alternatives were being investigated including a potential marina. Staff recommended approval. Attorney Cherof noted there were two conditions of approval and Bonnie Miskel, on behalf of the owner, agreed the conditions were acceptable. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 14,2009 Motion Commissioner Weiland moved to approve. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Project: Women's Circle Office &: Classrooms (ZNCV 09-002) Agent: Larry Winker, AlA Owner: Sister Lorraine Ryan, Women's Circle Inc. Location: 912-914 SE 4th Street Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.1.2. requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. Kathleen Zeitler, Planner, reviewed the request for the relocation of the Women's Circle Office and Classroom and necessary change of use from residential to commercial. The required parking onsite would not meet Code requirements and the applicant proposed using the parallel parking on SE 4th Street and municipal parking at the Senior Center. Special circumstances exist to create a hardship that was not self imposed. Staff recommended approval as well as the Planning and Development Board. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve. Commissioner Rodriguez seconded the motion. Commissioner Rodriguez inquired about the overflow parking issue and the expectation for use. Sister Lorraine Ryan replied it was anticipated on Saturday mornings. Public transportation or walking is most often utilized and the location is very helpful. The motion passed unanimously. C. Project: Pylon Interstate Plaza Phase II (SPTE 09-008) Agent: Raymond Balassiano, A.I.A. Owner: Woolbright Executive Center LLC Location: 1501 Corporate Drive Description: Request for one (l)-year site plan time extension for conditional use/major site plan modification (COUS 07-004/MSPM 07-007), 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 and height exception (HTEX 07-005) approved on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010. Mr. Breese reviewed the request for a time extension for a 29,000 square foot office building. The applicant has been working with the Lake Worth Drainage District for an easement along the canal bank for routine and emergency maintenance purposes. Staff recommended approval of the request. Attorney Cherof inquired if there was agreement with the two conditions of approval and the applicant agreed. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to October 6, 2009) B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314 with a 15% contingency of $38,447 for a total project cost of $294,761.10. (Proposed Resolution No. R09-117) (Tabled to October 6,2009) C. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to Oecember 1, 2009) D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-l Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1,2009) 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 XI. NEW BUSINESS: A. Discussion regarding submission to referendum of the preservation and redevelopment of the Old High School structure and site. Mayor Taylor advised he had brought the matter before the Commission for resolution by referendum. Commissioner Rodriguez felt the request was premature and suggested the RFP review be done first to establish a dollar amount. Commissioner Weiland agreed the voters should decide and move forward. Vice Mayor Hay also supported the referendum vote. Commissioner Ross indicated it was difficult to decide after just having voted for a referendum vote on the Police facility. Motion Commissioner Weiland moved to have Item A. under New Business placed as a referendum item in the March 2010 election. Vice Mayor Hay seconded the motion. Attorney Cherof suggested there be more specificity in the motion to be either as simple as a straw poll to save it or tear it down or it could ask for approval of a general revenue bond. Brian Edward, 629 NE 9th Avenue, reiterated his belief that a private/public partnership has to be established to succeed especially in an Old Town area. It is one of the worse economic times and putting the Police facility referendum and Old High School on the same ballot would be a mistake at this time. He contended there has never been a collective effort to save the Old High School. Victor Norfus, 261 North Palm Drive, established the RFP responses included four plans. Mr. Bressner indicated one response was east of 1-95 and the other three were west of 1-95. The one east of 1-95 included language the developer would contribute to a redevelopment plan or assist in proposals for the adaptive reuse of the Old High School and the current City Hall site. Various scenarios for City Hall, a Police facility and Public Works were included. Mr. Bressner surmised the only viable proposal based on the elimination of the debt service for the Police facility would be the proposal east of 1-95 for discussion. Commissioner Rodriguez suggested all the proposals be presented to the Commission and the Commission make the decision. Mr. Norfus questioned why proceed with the RFP, if there is going to be a referendum on the ballot? Patricia O'Conner, resident of Palm Beach Leisureville, suggested if there is no Old High School there would be no Old Boynton Town. From a historic and preservation point of view and funding, the Old High School should be revisited at a different time and different context. Commissioner Rodriguez clarified the Commission has to make a decision on the responses to the RFP. Based on the decision, only one item would be placed on the referendum. Attorney Cherof cautioned the Supervisor of Elections has a deadline for ballot submission and ordinances have to be adopted in a timely manner. 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Rodriguez made a substitute motion to table the item until after the four responses to the RFP are reviewed relating to the Old High School. Commissioner Ross seconded the motion. The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Weiland dissenting) The vote on the original motion was 4-1. (Commissioner Rodriguez dissenting) B. Discussion regarding designation of Ocean Avenue corridor from the Ocean Avenue Bridge to Seacrest as Boynton Beach Old Town Area and authorize City Attorney to prepare a resolution. Motion Commissioner Rodriguez moved to table. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-040 Re: Establishing a procedure to better identify and manage vacant and foreclosed properties by holding mortgage holders responsible through registration and third party administration. Attorney Cherof read Proposed Ordinance No. 09-040 by title only on second reading. Mayor Taylor opened the issue for public hearing. Jane Stroschein-Rousseau, Realtors Association of the Palm Beaches, suggested if a third party registration includes a fee assessed to the lending institution, it would add to the price of the property and slow economic development. The Association was holding seminars and would do so in Boynton Beach. They also maintained lists of properties with a potential for foreclosure. Federal funding was offered to municipalities to assist with paying for maintenance of foreclosed properties. Mr. Bressner responded the registration process related to properties being held by financial institutions to maintain the properties without placing a burden on the taxpayers. No on else coming forward, Mayor Taylor closed the publiC hearing. 18 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-040. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 09-041 Re: Amending Section 16-61 and 16-62 providing administrative clarity and adding language in the ordinance that requires advance notification when leaving vehicles and/or trailers at the park for more than three (3) days by patrons actively involved in fishing and/or boating activities. Attorney Cherof read Proposed Ordinance No. 09-041 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading None D. Resolutions: None E. Other: 1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement Liens totaling $472,119.74 as of August 24, 2009, held by the City on real property owned by Ralph & Rosie, Inc., located at 2007 South Federal Highway. 19 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Conduct impasse hearing to resolve Wage Article of Collective Bargaining Agreement for fiscal year 2009-10. (This item was previously removed from the agenda.) Commissioner Rodriguez asked to reconsider Item XI.B. relating to the designation of the Boynton Beach Old Town Area. The designation would assist the Children's Scho.)lhouse Museum and Marina. Motion Commissioner Rodriguez moved to reconsider. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Ross understood the designation would be helpful in applying for grants. Commissioner Rodriguez supported the proposal if it helped the Marina and Schoolhouse Museum. Mayor Taylor felt more information was needed. Mr. Bressner suggested the matter be referred to the CRA for review. It would ultimately be the City's designation. Commissioner Ross suggested, for marketing purposes, it could be an asset. Mayor Taylor reiterated more information was needed. Mark Karageorge, 240A Main Boulevard, suggested the business community be included in any discussion and decision. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:55 p.m. 20 Meeting Minutes Regular City Commission Boynton Beach, FL September 14, 2009 CITY OF BOYNTON BEACH ~~ ~_._,.- 1 Ronald Weiland, Commissioner ATTEST: I- .- et M. Prainito, CMC Clerk 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. Licen.. PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Raymond Balassiano, A.I.A. APPLICANT'S ADDRESS: 800 Glouchester Street, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14,2009 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension LOCATION OF PROPERTY: 850 W. Woolbright Road 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 L 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 10 - 7 - 0'1 Yn. PA~ City Clerk DATED: S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\SPTE 09-008\DO.doc EXHIBI'. "A" - SITE LOCATIC,.J MAP PYLON INTERSTATE PLAZA (09-008) 220 110 0 ~-- 220 440 660 N 880 A~ 'Feet W~7E S n A ::e:) 'i"U'< Ie 1 i .~ I i .~ i ! ~1iIi 8 l!l II t I 'I] ,Ii 'S I l~ i~\ fL-'t--l"i- '\:;,.\/1 EXHIBIT 8 i i i ;,~I ..., ~ . I.... ~ .. ~ t= '.1; .~ '\11 ft !.gt :f I.. 'll"! "I I u' l'l I)' Ii I I '. \ -; i · i ,I i I).. i:~ iI" i~1 Iii ~i~T~; I ibIPr~i'J: ,- --- -i- , \ I ii"P~ '1 !~.i'i \- Ii;'" ~~ =.i~J~ ~r -, l~' ,.....-. ! Itj ---.:.-+ ' 1- _ @ . I \11 ; j' "', ~!'"' ~ I >- 'I'; , ., --. - 'I' ._(f) ~~l~'-! ~ ~--... 1. II -k~' -1 !'<!:) . -:-\ / / 'il , I \ n \ ~l~~ , ,~t ! ~~[ . II '-" ~U if l!ii II' ~.t\ .... ' uil \IL HU Iii \im . ~a ~. i ht ,. 'Ii ~, il .; ~ \::"1 ~. ! .i, i ..~ ~~. dl ~ gj o N N . , I \ I r. c :2 ;;; >- .... M '" '" ::::: M 1\ ~\ : , I \ \ \'. \ ; i \ l . ~v) i. 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'" 'l , ""f'&'- I, IEli'? , I ' I--r-- -4- : --e--, : " , I , " , ~I , I .~~ ~g5 ~;~ a~~ i~~ i~ 1---- , , , I ....:. ._ _L ~ I If: " 1 ' , m- ;1,El "..1 1 --0-- ~ [ h m~ ~:~1 Prll\ I 1-- L'0- ~~:91 ~,;lJ fill t r ,.~...:.H. ~~:ei I~'.. ,l'~ : I tsJl... ~I~ m I I D0 :ree~!i I,;e--- $~-- :::JI1~'8 kiB 'j..-J;:. 1 :,'-.- E=.I i:~ +--~.- e I: i I : : de I I : I - I I I I. 0 I I I I -- ' ~€ J I~ f .....{ I I , ~ . 1geJ ["19 ""., I ./ ' / ~~ H g~ r' B~ ~~ -fr- :; I , ~ r-2 -e-;- I n! El, ! , II e ! ~ ! 1 Ii I@ '. 1"1 ill I ~l~ ; i j I ~.~ I ] II I 1.0". : : -+-1- ,! I,: e I'm- i 'I I --!e-- i! --+e-l- "~l I I 1 I ' : U ! ~ : I I 1'.' ~ I';' --- : ,II ~''--. ii i: i I" ; I '" ,. (J) m .., r o o o N o Z ~ Z o ..., 10 L 'tl r (; ,. '" It; k~ .J@: I , , . I , r J-i~~1 ~~ :] I 1~t II : -1m .~ ~~. ~~ , I ti~ 1. . fll-! --.t----- , , I b ~>~Jif.\. ~' w , " ,--+-$ I I r ' I it~ , 19 i r.T'\ : w I i~ ; r-: , ~ i~ : i~ :~i' :!i ~;~ , , , I , .-.....1-.-.:: ___ ...- .r / ,/ :e ....:-.) , ' , JP' '. :~- .~{-=--~ , I .~._.. ---'~J , i , ~...1~O. iiF;; ;;1 I~,~~~ij., ~: 'Ts"l ~., - ''''$' . ' ~ I I J~-~' ,,'-0'" 1 l'....(l. l--t 5'-0' ~- ~r~~ ii RA YNlOND BALASSlANO, A.LA. ARGlITECf BOO GLOUCHE5TER STREET BOCA RATON, FLORJDA 33487 Lie NO, AROO16040 Tel. (561) 706-1809 EXHIBIT B .. - -0, $ i~n !.:;:gO (')mz o~o ;::m;;l -o::D .. C5~ m:Cnt ~h :cl-O "'(')'" ~~~ ..,~F "'",0 (')C'tl gg~ rOZ mzGl .., (J) 51 .. eeeeee ~~ ~i ~i !~ ;~ B~ ~ i Ii f r :- ~ ~ I: I , ~\\ LJ \ \ It' ~ tr~ ~~i t~ \t~\ \ \ iW \l\~ iff ~ 1,,'" '"'\ I \,__l',,"'--- __=~___~ - ,,-,'-, ..,,',r' J. , ' ~"", , , " ' , r------ "; \ <;> l- " 1.\ ti 1~ ~~ r-- ~ ~ ,,.,\ ' \ 01 __:--- -~:-J ~ ~ ~ '/ ' \ t\/ ~1 .'" m 'i s g " , (' " e0 ~.. ii '. h ~i ~t ~~ ~ .3 ~ 3 ~ ~ !!1. !. ~~~~- >:-~ ~ ;",\,\ ". , ; ~ H l~\ i \\; ~ \ q \(- ~ 'i~ \ "~ \ \ \:\ \~\ ~ '>.\ (, \it' !. ~\\i ~ - ~- .-/ .' \ \ \1~\ 0\ 0,,\ ~ bj\ \' OJ \~ \\ r\ \ g \.J11 \ !(l ~ -~~'-~ ---~ , ' '~rJ> ;2 e ,- ~ o \Po ~ I I , 1---.. ,h j " \ \ J \ ~ #, t q. h~ ~ . ! ~~ .'" m " !. 0' ? ~~; \m ~i\~ \~ h~ -- -~ ~~ , - _,oj i'O ~. ~\ \\ 1\ r ~~ ,0> .. ? . Ii, rJ> ~, g -u" '... r; "'- '\ ~," ~: Gl _\ , CD ~" .. " ,~~; \~ ~ 1~ "-"6 \ fit , \t l~ 8~9. ~~~ ,::(5~ ~~\ll ~1=:5 ~,.." l:,g,., ~~~ ~,,~ ~g~ \T.oz ...z'" ~ Ul '" ~ 'y -0) \ ~~ , " 1$ ~,~- ~\ , ,-~-- -- ---€> , , ~. I , , I ' \ \ \ \ '~",_"'~,,,_,,\'~'-"""-""~ . \ ,,- ' \,.., , ' " j . I -' I " ,I-,p 0 ~ p ~.' ~\~t t. . .. t .' p.. ~. \t t' ~~ tl tt e e e e e e ~m !nqp\ ~H~ ~ ~ \ \ \\ ~ i; ~ ~ % \ ~~ RA'IMOND t\f\L.llSs\!>.NO, A,l.A ~ ROmEO ~ GLOIJOItSl'ER Sfll,Er:r wx~ R~ ioN, FLORID" ~ ue NO, j>J\OOl/,OolO iet 1561) 706-1800 WOOl.1lRlGm 'E~EC1Jf\'lE CENIER I"ic01\ \N'Tt1l5l"TO l'\J'>U.l'HASf.1 151ll COR1'O\\A TO DRl'it ~oYNiON ~tAa-\. FL, 31426 --.c'.u..,........." , \ \ .. \ \ EXHIBIT C PRAYMOND BALASSIANO, A.I.A. ARCHITECT 800 GLOUCHESTER STREET BOCA RATON, FL 33487 TEL. (561) 706-1809 , :----, i May 1, 2009 - ~ City of Boynton Beach Planning & Zoning Division 100 E Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33425-0310 Attn: Mr. Ed Breese, Principal Planner [ =,-/,- I .. "1 1 "" J Re: Woolbright Executive Center Pylon Interstate Plaza, Phase n 850 W Woolbright Road Permit No. 08-1082 Request for Time Extension Dear Mr. Breese: This letter is in reference to the above listed project. Pylon Interstate Plaza Phase II was approved on November 20, 2007 with an 18 month period set to expire on May 20, 2009. Since this time we have been working with the Lake Worth Drainage District to address and subsequently resolve a few issues in connection with the west boundaries of the property. We are respectfully requesting you grant us a 12 month extension of the site plan approval. As you know, the final construction working drawings (all trade) have been entirely completed and submitted to the building department. In fact, first plan review comments have already been issued by city officials and all comments have been complied with. Final submission for the building permit is now ready. EXHIBIT "D" Conditions of Approval Project name: Pylon Interstate Plaza File number: SPTE 09-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. If this request for site plan time extension is approved, all outstanding X conditions of approval from the original development order must still be satisfactorily addressed during the building permit process. 2. Should the applicant not be able to acquire the necessary permits by the end X of the year, an updated traffic concurrency approval letter from Palm Beach County will be required. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~o~ S:\Planning\SHARED\ WP\PROJECTS\Pylon Interstate Plaza\SPTE 09-008\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Women's Circle o,,,,\opmen\ ps.l 8u\\dlng Engineering occ, \..Icense ~- APPLICANT'S AGENT: Larry J. Winker, AlA, Studio Seven AGENT'S ADDRESS: 6007 Le Lac Road, Boca Raton, FL 33496 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.1.2. for location of off-street parking spaces, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 912-914 SE 4th Street DRAWING(S): SEE EXHIBIT "C" 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 "G" 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: 10 - 07 - 0'1 .P~ S:\Planning\SHARED\WP\PROJECTS\Women's Circle Office & Classrooms\ZNCV 09-002\DO,doc EXHIBIT "G" Conditions of Approval Project name: Women's Circle File number: ZNCV 09-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHAREDlWP\PROJECTS\Women's Circle Office & Classrooms\ZNCY 09-002\COA.doc EXHIBIT "A" - SITE LOCATION MAP WOMEN'S CIRCLE VARIANCE ZNCV 09-002 140 70 0 r----_ 140 280 420 560 , Feet N w4tE S , - co - ::r [S ~I FOUND .-lCf- CON~TE: MONuMENT OFF SET 5.0' WEST SE'T BENCHMAAK II ToP ElEV.-9.12 "'" PR9PrRry o ;- CORNER - - - --- --- - ~Ir--- - --- - --'- - -- - - _ _ J' __ -----It; ~ to/ ~ ~~ / 126.32' 8' WOOD FENCE ::::--.. 25.0' FOUND 1/2" IRON ROD · c..v> / l.B 8788 ~ 25.0' ~ a. 5t1;t 0 >-~'? , ~~~ Vl}i5/t. ~ CONCRETE: (f 70 95.42' od ~~~ 125.42' ::---::: PARKER ESTA1F (fiB 10, PO J7) FOUND '/2" IRON ROO CAP / La 8788 OFF SET 8' WEST ~ ... ~ II ~ " [j <r: u en u $ ~ ~ t!J ~ :? c () ~I.A a.;,..... 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STREET CORRIDOR WATERMAIN STORMWATE RECLAIMED WIITER IIND ROADWAY IMPROVEMENT PROJECT SE 4TH 5T STII 115+50 - 121+50 PLAN BOYNTON BEACH ununES DEPARTMENT CITY OF 1I0YNTON IlEACH, FLORIDA SHEET c-.. ::: EXHIBIT "E" TEMPORARY LICENSE AGREEMENT FOR MUNICIPAL PARKING This TEMPORARY LICENSE AGREEMENT is made on this .,::2;..)[> day of j"dt ' 2009, between THE CITY OF BOYNTON BEACH, FLORIDA (lithe "CITY" and WOMEN'S CIRCLE, INC, ("WOMEN'S CIRCLE"). The Partles, m conslderation of the mutual covenants hereinafter set forth agree as follows: 1. The CITY hereby permits the WOMEN'S CIRCLE to use the PARKING LOT areas highlighted on the attached parking lot plan, in the parking lot located at the CITY's Senior Center, 1021 S. Federal Highway, Boynton Beach, Florida, subject to the WOMEN'S CIRCLE complying with the conditions and regulations herein, 2, WOMEN'S CIRCLE shall coordinate with the Senior Center staff to develop a Schedule of Use to designate the dates and times the PARKING LOT will be used. Should any WOMEN'S CIRCLE vehicles remain in the PARKING LOT at any time that is not scheduled, WOMEN'S CIRCLE understands that such vehicles will be subject to tow at the expense of the vehicle owner, and that CITY shall not be responsible for such vehicles. 3. While City does not presently foresee terminating its permission for WOMEN'S CIRCLE to utilize the PARKING LOT, WOMEN'S CIRCLE understands that City may need to withdraw its permission to utilize the PARKING LOT from time to time. The City reserves the right to cancel or terminate this permission to use the PARKING LOT without notice, at any time. In most circumstances the CITY will endeavor to give WOMEN'S CIRCLE at least seventy-two (72) hours prior notice of such temporary or permanent termination, 4. WOMEN'S CIRCLE agrees that no objects or obstructions or any kind, fixed or otherwise, shall be placed in, on, or above the CITY's parking lots, and further agrees to immediately remove any such objects or obstructions if placed in the PARKING LOT by WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. WOMEN'S CIRCLE further acknowledges that the permission granted by the CITY is limited to the parking of vehicles in the lot and not for any other purpose whatsoever. 5. In connection with its use of the PARKING LOT, WOMEN'S CIRCLE agrees to obtain a Certificate of Insurance naming the CITY as an additional insured, 6, WOMEN'S CIRCLE agrees to indemnify, hold harmless and defend City, its elected and appointed officials, agents, servants, and employees from and against any claims, demands, suits, actions, damages, liabilities, expenditures, attorney's fees, costs, or causes of action of any kind whatsoever, including any negligent act or omission of City, its employees, or agents, arising out of or in any way connected with any injury, damage, or loss occurring as a result of WOMEN'S CIRCLE's use of the PARKING LOT or the use of the PARKING LOT by WOMEN'S CIRCLE patrons, clients, visitors, or invited guests, If called upon by City, WOMEN'S CIRCLE will take over and defend not only itself but also CITY in connection with any suit or cause of action arising out of the foregoing matters, all at no cost or expense to CITY. WOMEN'S CIRCLE agrees that consideration for this indemnification is the permission granted by the CITY for the use of the aforementioned PARKING LOT. 7. WOMEN'S CIRCLE agrees to be responsible for any and all damages arising out of, resulting from, or caused by the use of the parking lot by its patrons, clients, visitors, or invited guests, and agrees to pay for or reimburse the CITY for the replacement or repair of such damage, 8, WOMEN'S CIRCLE agrees to immediately notify CITY of any claims brought against WOMEN'S CIRCLE as a result of its use of the PARKING LOT and the use of the PARKING LOT by its patrons, clients, visitors, or invited guests. 9. WOMEN'S CIRCLE understands that the permission to use the PARKING LOT may not be assigned or transferred. It is expressly agreed between the parties that this Temporary License creates no tenancy or lease whatsoever between the Parties, nor does this Temporary License grant exclusive possession, occupation or use of the PARKING LOT to WOMEN'S CIRCLE. 10. WOMEN'S CIRCLE agrees to observe any regulations set forth by the CITY, which may change from time to time. I, 5;-.stt"r.L. cl~IJ.{HNL ;(YlHuf , on behalf of WOMEN'S CIRCLE, INC., understand and agree to the above terms in connection with the permission granted by the City to temporarily utilize the Parking Lots described herein. I further acknowledge that I have the authority to agree to these conditions on behalf of WOMEN'S CIRCLE, INC, ~~"1Cit~ ~ ""'- Signature IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the date first mentioned above. Signed, Sealed and Delivered in the presence of: ~~h' CAns~e- teJeur-.e- City Of~n Beach ..~~ By: Kurt Bressner, City Manager C->z~- Women'5 Circle, Inc, /4-~Lt-C ::A a'4<-<- R;t"",,- By: ~kr L~M.j/flv'C 4/J,LI l-, /Q,l I ..... r1/)/7, ,- J'\ ~ . \ - \,j ") .... PAPA GIS Page I of I ~.- ~ 1 ~ '-E"~' ~ c~ "" ~ . " -, ..~ - '" k ":,,-:.~rl: _f..,: t~ r;-r,:~ 'I t l:-:: ,'__! _~\ "\ ~r!)~'f!j,.1't A;rl:-lfj'~S~ p t':rb~jr """~~:-~-\J S,~,pf0.rn , , , -.., t I ~. I _" t. m ~~ ZJ r.....-..-.__._.m.__. ....'1 "1 Print J PARKING LOT PLAN hUp:/ /maps. co. palm -beach. fl. us/papagis/ default. aspx ?qtype=parcels&pcn=084345 2 8000005 050 8/10/2009 r dA Qu": VU.L ~~L U/~/LVVV u,vu.~~ ~rJ rnYL J:.../VVu I 0.1'. ::ltH Vtjl CIIen1#: 1337248 T8WOMENCIR ACORDr.- CERTIFICATE OF LIABILITY INSURANCE D.l.TE IJiIMIDDrr"N't) 08l03/D8 , ~IIODIICEIt THI$ CERTIFICATE IS ISSUEC AS A MATTER OF INFORMATION i BB&T Burk.y RlIIk Slrvlce. ONLY AND CONFERS NO RIGHTS UPON iliE CERTiFICATE I HOLDER.. THIS CERTIFICA.TE DOES NOT AMeNO,EXTENO OR 2240 Woolbright Roael Suite 201 AI. TER THE COVERACiE AFFORDED BY THE POUC!E! BELOW, I Boynton EMach, FL 33426 I Se1 T34.8~ I IN$URERS AFFORDt/G COVERAGE I NAlC # INSURED INSURER ~ Maryland C..uatty Company i 19356 : Women', Circle (The) INSURER i ! 145 NE 4th Avenue IhlSURER C: i Boynton Beach, Fl 33435 IhlSURER [l, , II\I5URER E' ! eOVERA.GES I THE ..oUCleE OF INSURANUE WSTED BELOW HAVE ElEEN 1!i6U3l TO THE INSUrtED NAME~ ABOVE Fe=;. THE ..oU:;)' ?ERIOO INDICA,!::"" NOTV'mHSTANDING ANY F.EC.UlREME".,., TE1'W OR CONDiTION OF AA'Y CONTRACT Oi'\ OTHER OOCUlllENT WITH RESPECT TO WHICH THIS CERTIFICATE !MY BE ISSUED OR MAY PERTAIIIl, THE INSU'lANCE AFFORDED ElI'THE POUCIES OES=~aED HEItEIN IS SU!\JECT TO ~ THE 'l':RMs, EXcwsrONS AND CONDiTIONS OF SUCH POUClc,,_ AC3(fflEGIlTE UMITS SHOWN MA'r HAVE ElEEN ~OUCEO If!' PAlO CI.AIMS, LTR ~Sl" ,....!'! OF INllUIlANC! JIO UCY IIUD!Il ~iTE "IIIIDD""" I~~~tliijj~~ I.IIIl'1 A ~EIt4L UA!lI.ITY PPS,*1636S56 12/0!1D8 12fD!IOS EACH OCCUMENCE 51 000 001) ~l.!B<cw. GENERI.l. UAliILllY D4I.1AGE TO RENTE> 31 000 ODD I Cl.AJMS IoWlE ~ OCCUR hiED EV (Any lIIlt POIlDl1) .10 ODD , PERSONOJ. & ~ it~ I ~ lOENERAl. AGGREG,I.TE 02 000 000 ~"'AOOntIMlTi~ PeR: PIlOW~. COMPIOP AGG (l ODD ono x, POl.ICY ~ LO:; QII.!LLl.8II.ITY COMBINED S1NG'..E I.IMIT 4NY AlJT':l (E8 ......nQ IS I All. 0WNEtI AI.lTOS i BODILY "JJRV - 8 BCHEDUI.ED.wTOS (Per p.raon} - - IoIIRED AUTOS BODlL I' "JJRV (Per-II I _ NON-OWNEO.wros -I PROPa'P'fTV !lAI.lAGE . , (I'er-domJ Q.IllItAG! u..BIUTY AlITO ONL v . P, ACCiDEN'" S ,~- "NY Al.lTO OTHER THAN SA .ICe S AlITO ONLY: AlOG S I ~ISSlUIIQEl.U LIiIIlLll'Y E.\CH OCClJAFiEJolCE S I ! OCCUR 0 CLAlMSw..o: AG3'EGlliE is I I I I . =1 DEOUCTlI!l: Is I REiENTIOf'i 5 S WORKElI$ COlI P!N5I.TION AN 0 I ~!:(J?f;,.1 IC~ !IIPLCYEItS' LlAIIlLITY ANY PROPRiETORPAATNERJ:;;XECUTIVE ::1., EIIOH ACCiDENT S OFFCERlMEMSER EXC'.UOED'! E.1. DISEASE. .....EM"LO'r'EE S ~~~'~~~NS ".Iow E.L DISEASE. POLIC'" UMrT S OTllEII oesclUPT'lOll Of OPERA i1QIoIS/ LOCA.TDlIlI r VEHICl.B I EXCLUoSlON$ All CEO BY EIlDO!lI!9IElI1' I .sPE!lIAL PIl01/lSl01ill - Supplemental Namt H Am Suppl&mental NalTMlllpplles to all policies. Women', Circla (The) Certl1icBie HCllder I. nllmetlll$ add!i:ionallnaured for General Uablllty lnsursd usln; parking lot located at: 1001 se 4th St, Boynton a.ach: FL. 33435 CANCELI.A ilON 1 D 08Y5 for Non.Pavment AC ORe 25 (ZO01tDl!) 1 of :;: #S355T1~~365T161 'HOIJ~ ~y OF lHE MOVE DEBORlEIl POLICES BE CAJjCEU.ED BEFOR! lH! EXPIRJ. 1101< DATlZTlIEREO., TlIE BSIJINCO INIlUllEII WIll. ENDEAVOR TO 1ilA.L ~ DA~ WIll7TEli HoneE TO TIlE CERT'lFI~ HOLDER IlAMEI: TO 'Ill! LEFi. BUT FAILURE TO DO S::J SHALL 11ilPD8E ~OOBLDA.llOt/ ORLIUlt.rn'OF >>lY I(IllC UPOH TlIEINSURER, lrU,GEllTO OR ItEPRfSE!/T"Tl\IEIS, AI1TIIORt!ED llEPRE5ElliATNE (w_ ""'- 'r. ---- MMOL Ii ACORD CORPORATION 1985 City of 8oynton Beach A!tn: Attn:Clrector of Flee. FaclDtIes 100 E Boynton Beach Blvd Boynton lkach, R.. 33425 Intro. To Computers Intro. To Computers Microsoft Excel Computer Typing WOMEN'S CIRCLE INC. 145 N.E. 4th Avenue Boynton Beach, FL 33435 Phone (561) 364-9501 Fax (561) 364-7288 2009 CLASS SCHEDULE Computer Classes Friday Saturday Saturday Saturday 10:00 -11:00 AM. 12:00 -1:00 P.M. * 11:00 -12:00 Noon 10:00 - 11:00 AM * Computer Based English Classes English Classes Computer-Based English Friday Computer-Based English Saturday English (ESOL) English (ESOL) English (ESOL) English (ESOL) English (ESOL) Level 1 Level 2 Level 3 Thursday All Levels Monday Tuesday Thursday Friday Saturday Creole Literacy Classes Tuesday Wednesday Thursday Sewing Class Thursday Crochet Class Friday * Classes will start on 6/6/09 11 :00 - 12:00 Noon 9:00 -10:00 A.M. 5:00- 8:00P.M. 9:00- 11 :00 A.M. 9:30 - 11:00 A.M. 12:00- 1:30.P.M. 10:00 - 1:00 P.M. 6:00 - 9:00 P.M. 6:00 - 9:00 P.M. 6:00 - 9:00 P.M. 11:00 - 2:00 P.M. 9:30 - 11 :00 A.M. For more information or to register, please contact Theresa Jackson at the Women's Circle on Mondays, Wednesdays, or Fridays between the hours of 10:00 A.M and 2:00 P.M revised 5-18-09 WOMEN'S CIRCLE, mc. 145 N.E.4TH AVE. BOYNTON BEACH, FL. 33435 561-364-9501, ext. 26 Fax 561-364-7283 www: womenscirc1ehome.org Mr. Wally Majors, Director of Recreational Facilities City of Boynton Beach 100 E. Boynton Beach Blvd. , Boynton Beach, FI. 33425 Dear Mr. Majors and staff, A BLESSED PASSOVER AND JOYOUS EASTER TO ALL!!! As I wrote in my 2/19/09 letter we are still in disparate need of a larger facility, as we've defInitely expanded beyond what our present 620 sq. ft. can accommodate. At present our eyes are on a property at 912/914 S.E. 4th St. The Planning and Zoning commission of the City of Boynton Beach is necessitating many requirements to bring this simple duplex up to code, which include parking, with at least three on site parking spots that include a handicapped spot. Our architect is working diligently to make these adjustments. Since our clients seeking employment often walk to the facility or take the bus, we would need your. west side of 4th street and 10th Ave. parking lot only on evenings when we have ESOL, Literacy in Creole, and possibly computer practice sessions or on Saturday mornings when we have ESOL and computer classes with several teachers, tutors and volunteers involved. Your assistance in this matter is greatly appreciated.. Oceans of joy, hope, healing, prayer, and peafe, 0 .. ~ r:7. - (I: ll/l \ Sister Lorraine Ryan MMS 4-;:;:z;;A.,'/ '11ac..-'7<<, ~l{{~ ' ,.~_ , f / EIN 65 1068376 DLN 17053064750075 April 7, 2009 WOMEN'S CIRCLE, INC. 145 N.EATH AVE. BOYNTON BEACH, FL. 33435 561-364-9501, ext. 25 Fax 561-364-7283 ~: vvomenscirclehome.org Mr. Wally Majors, Director City Facilities The City of Boynton Beach 100 E. Boynton Beach, Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 ElN 65 1068376 DLN 17053064750075 February 19,2009 Dear Mr. Majors, Women's Circle, Inc. is in disparate need of a larger facility, as vve have definitely expanded beyond vvhat our present 620 sq, ft. can accommodate. We are seriously looking into the property at 912/914 S.E. 4th St., very close to the Senior Center. In November, vvhen we first expressed interest in the property, I happened to see Steve Lufkin outside the Center, I asked him. about the parking lot on the vvest side of 4th street. He said it is a public parking lot, yet ifvve planned on using it regularly, it vvould be good to check 'With you. Hence I am asking if we could use it during the hours that the Senior Center is not functioning. As you can see from the enclosed class schedule, vve have evening and Saturday classes, vvhich are the most heavily attended. At other times, the students/clients often vvalk to our facility or are usually three or four at a time. Please let me knovv if this arrangement vvould be agreeable to you. Thank you so much! //1A " Oceans of hope, prayer, and peace, /,/}-,-J..,..,.-;J -, A~t:v41. 'J11/F/. -' . S. L . R MMS f:l..UU/i...o. VI'1. a~~ t lster OITaJ.ne yan, ( " EXHIBIT"F" , ~: ff\', ~ ~ 'VI f2 fry b \~ l~, U V' tS ~ JUN - 9 2009 , PLANNtiNG AND ZONIft-..llG DEPT. WOMEN'S CIRCLE, INC. 145 N.EATH AVE. BOYNTON BEACH, FL. 33435 561-364-9501, ext. 26 Fax 561-364-7283 www: womenscirclehome.org EIN 65 1068376 DLN 17053064750075 June 4, 2009 City of Boynton Beach Planning and Zoning Division Code Variance Application: Reference page 2 A. The parking requirements for our simple offices and classes will easily be met by the parallel parking.spaces to be included in the 4th Street expansion project and the proximate handicapped parking spots (2) just south of the property. Also overflow is welcomed at the west parking lot of the Senior Center. B. The special conditions of the acquisition of the six feet of front yard for this project does not result from the actions of the applicant. C. This grant of variance does not confer on the applicant any special privilege of which we are aware. D. The literal interpretation of commercial parking requirements would be an unnecessary hardship on the Women's Circle's clients, many of whom walk or use public transport.. E. The variance granted is the minimum required for a reasonable use of this property . F. We believe that the granting of the variance will add to the harmony of the area. G. Not applicable. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009 TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007). LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL 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: /{)-o7- oct S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\DO,doc EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 09-010 Reference: DEPARTMENTS INCLUDE REJCL.l PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 ~... ..:I~.L:_.__ _.r A___..........l Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. The site plan time extension is subject to the original conditions of approval. X 2. An updated traffic concurrency approval letter from Palm Beach County X Traffic Engineering will be required prior to permitting. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\COA,doc Exhibit "A" - Site Location Map Casa del Mar . 12562.5 0 125 250 375 500 I""'\J"".. I Feet N w.' s IP~ " ~; nil II ~~~~ @! ilim -=--;- 1111 !l . , I I Ill. & . II, ~ I i I 5 ~ r ~ i ~ ~ ! ! ! if I ~ i -c .., Ii i ~I ~ r- .;.... I - ~ - u !;;~ !=~, r en! t i Z::D ==---.:...- ------ i Ii i i i j ~ Casa del Mar PREPARED FOR LANCORE NURSERY CITY OF BOYNTON BEACH, R. XHIBIT 8 LAND. DESIGN SOUTH ~-"-......- -'-~ 5 lEe E L, L II"' MAN , DUNAY. SHE PAR. D & J \111 S K E L. L L P EXHIBIT C GARY S, DUNAY KENNETH W, LIPMAN BONNIE MISKEL .JONATHAN L, SHEPARD CARL E, SIEGEL THE PLAZA. SUITE 80 I 5355 TOWN CENTER ROAD BOCA RATON. FLORIDA 33486 (561) 366-7700 FAX: (56 I) 366-9274 WWW.SLDSMLAW.COM SCOTT BACKMAN LINDA B, LYMAN ~~@t~nw~,@ JUL 1 6 2009 July 16, 2009 PLANNHlJG AND ZONiNiC." DEPT, Mike Rumpf, Director Planning & Zoning City of Boynton Beach P,O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar ("Project") Dear Mr. Rumpf: On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a time extension for the approved Casa Del Mar ("Project") (NWSP # 06-015) located on North Federal Highway ("Property"). This Project was approved for the development of 82 condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning district. This Project was originally approved on July 18, 2006 and subsequently received two one-year time extensions. The new expiration date of the site plan is July 18, 2009. We respectfully request an extension of one year to July 18, 2010. At the time of the last time extension request the Petitioner had provided a timeline for the steps taken thus far to receive appropriate approvals prior to filing for a building permit with the City. That timeline is as follows: . Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP) on June 9, 2006. . Received SPGP on July 7,2006. . Filed with the South Florida Water Management District (SFWMD) a Joint Application for Environmental Resource Permit / Authorization to use State owned submerged lands / Federal dredge and fill permit with the Florida Department of Environmental Protection / Water Management Districts / U.S. Army Corps of Engineers (ERP) on November 15, 2006. . Filed an amendment to above ERP to include docks on December 13, 2006. . Received first Request for Additional Information (RAI) from SFWMD dated December 13, 2006. . Submitted supplemental RAI from SFWMD January 12, 2007. . After meeting with SFWMD filed response to RAI on March 5,2007. . Received second RAI from SFWMD on April 6, 2007. Since 2007, additional progress has been made toward obtaining the necessary environmental permits for the Project. This timeline is as follows: . Response to RAI submitted to SFWMD in March 2008. . Army Corps of Engineering (ACOE) submitted on March 25, 2008. . After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 15, 2008 and to SFWMD on August 21, 2008. . Received RAt from SFWMD on October 3, 2008. . State Sovereign Lands Review commenced December 8, 2008. . Received response from ACOE regarding RAI on March 18, 2009. . Met with FDEP on April 30, 2009 to discuss RAI. . State Sovereign Lands Review anticipated to be complete within the next 6 months. The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and final action by the State related to the Sovereign Lands Review in mid-December 2010. These approvals will be in place for the current project as well as the new marina project being proposed by the Petitioner further detailed below. Additionally, since the last time extension request by the Petitioner, the demand for residential units has severely declined. With the recent economic situation, the ability to obtain funding for the residential project has diminished. There are no banks that are currentlv lending money for the development of multi-family residential developments. The market has become so saturated with residential units it will take a considerable period of time before the market is able to correct itself. Further, buyers are not able to obtain financing for acquisition purposes. As such, the Petitioner is now in the process of applying for a land use and rezoning change to Commercial and C-3 respectively, a site plan and a conditional use application to allow for the devefopment of a marina and dry boat storage. The proposed marina development consists of three buildings totaUng 69,609 square feet. The three buildings will be: 1) Office and Show Room (located along Federal Highway); 2) Dry Boat Storage (located in ttle middle of the prolJertvj; and 3) Ship Store and meeting/office areas (located along the waterfront). Because these applications have not yet been approved by the City, the Petitioner would like to retain the current approval for the residential project until the proposed marina project is approved. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at (561) 237-1524. Si.p;u. erely, W fI . 1" " ) ^ Bonnie L. Miskel, Esq. Siegel, Lipmon, Dunay, Shepard, & Miskel, LLP