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Minutes 12-06-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 6, 2011 PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Woodrow L. Hay, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez Closed -door session to be held at 6:00 p.m., December 6, 2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011 CA014815XXXXMB(AJ) The meeting was called to order at 6:32 p.m. B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay Commissioner Hay gave the invocation and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Items 6.D and L for discussion. Vice Mayor Orlove pulled Items 6.J and M. There was also a request to move Item 11.A up on the agenda and it would be heard after Bids and Purchases. 2 Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Commissioner Hay moved to accept the agenda as amended. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Hay had been at the ribbon cutting for Cebeyond and read the Proclamation on the Mayor's behalf. He attended the joint Community Redevelopment Agency Workshop and City Commission Workshop, the Christmas Parade and Extravaganza. He looked forward to the Chamber of Commerce annual holiday luncheon featuring the Boynton Beach Dimensional Harmony Choir. Vice Mayor Orlove represented the Commission at the Boynton Beach Fire Rescue first pancake breakfast of the season and the Fire Department annual holiday party. With the Mayor, he attended the opening of the Men's Conference at the St. John Missionary Baptist Church and a spirited debate of the Republican and Democratic Chairs of the County held at Hunter's Run. He announced the East Boynton Wildcats of the PeeWee Division in the South Florida Youth Football League are the Super Bowl Champions. The Children's Schoolhouse Museum recently received a $73,586 grant from the Quantum Foundation. Commissioner Ross commended the parade and entire Holiday Extravaganza. She encouraged everyone to attend the annual Chamber of Commerce luncheon. The Chamber of Commerce annual open house would be held on December 14 at their offices. Commissioner Ross announced the Sister Cities were having their annual poinsettia sale and the delegation from Les Cayes, Haiti would be in Boynton Beach and there would be a dinner on December 15 Mayor Rodriguez mentioned the Pearl Harbor Ceremony that would be held December 7 at Veterans Park. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the Sand Sifters Volunteer of the Year Award. Presenters will include Sand Sifters founder Gary Solomon and Recreation & Parks Director, Wally Majors 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Wally Majors, Director of Recreation and Parks, was proud to announce the recognition of a volunteer who had made significant contributions to the Sand Sifters that is a valuable asset to the City, by cleaning the beaches. The outstanding volunteer has a 100% attendance record and clearly understands his responsibilities and leadership role, showing initiative and a high degree of professionalism. He has volunteered for six years and logged in over 100 hours. Mr. Gordon Myer cares deeply about the environment and people with an innate understanding of the world around him. Mr. Myer was awarded the Sand Sifters Volunteer of the Year Award presented by Mr. Majors and Gary Solomon of Sand Sifters. Mr. Myer was honored to receive the award and indicated the efforts were about the organization with the support of the City of Boynton Beach and the Commission. B. Allow presentation by 4KIDS of South Florida. Presentation will be made by Thomas Lukasik, Executive Director of 4KIDS of South Florida, Inc. Thomas Lukasik, Executive Director of 4KIDS, gave an overview that the organization had been in existence since 1999, as a child welfare agency in Broward and Palm Beach County. Foster care services and shelters were provided for kids and families. Keeping siblings together was paramount. The focus was on a new program called Safe Families for Children, a diversion and prevention program to keep kids out of foster care. It is a faith -based organization to find families to provide a safety net to meet the needs of children and the parents. The idea was to empower families to be self - sufficient The three main objectives are intervention, child abuse prevention and support and stability to succeed. The cost of foster care is outrageous. The safe families do have training provided by the State, but do not have to be licensed as the State of Florida requires. The organization has over 120 foster care families. The same screening process is done. There is a national movement and States and communities save money and save children from the trauma of the foster care environment. The goal is to return children to their homes and families. Commissioner Ross developed the offices are in Boca Raton and involved different churches, but stays primarily within the Protestant faith. Mayor Rodriguez added the organization would be highlighted at the Mayor's 3rd Annual Run/Walk. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 David Katz, 67 Midwood Lane, contended at the May 3rd Commission meeting the Mayor wanted him removed from the Charter Review Committee because of political reasons and an ongoing investigation involving Mr. Katz. Mr. Katz felt the Mayor should resign and Commissioner Holzman should encourage the resignation because the Mayor was being investigated by the State Attorney's office and probably the FBI in relation to involvement with the Carmona family and the transfer of certain properties and income. Jeanne Havilin, 734 NE 9 Avenue, of Boynton Beach Sister Cities clarified on Thursday there would be a delegation from Les Cayes, Haiti to sign the official agreement to become Sister Cities. The ceremony would be at the Woman's Club at 5 p.m. and open to the public with a reception following. There would be a delegation from Boynton Beach visiting Haiti possibly in February. Edward Titman, 869 NW 8 Avenue, had read there were 14 candidates for the City Manager's position. There had previously been a recommendation that the City Manager have the minimum requirement of a Master's Degree in Public Administration, plus five years experience. He hoped those qualifications would be well received by the Commission. No one else coming forward, Mayor Rodriguez closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Mayor Rodriguez remarked the Staff Liaison for the Historic Resource Preservation Board had requested the appointment be tabled. Motion Commissioner Ross moved to table the Historic Resource Preservation Board appointment. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Arts Commission Commissioner Ross selected Anderson Slocombe Mayor Rodriguez selected Deborah Bottorff Vice Mayor Orlove selected William Combes 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Commissioner Hay selected Robyn Lorenz Commissioner Holzman selected Nubia Richman Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Building Board of Adjustment and Appeals There were no applicants. Motion Commissioner Holzman moved to table. Vice Mayor Orlove and Commissioner Hay seconded the motion. Vote The motion passed unanimously. Cemetery Board Vice Mayor Orlove appointed Karilyn Norem Hohner Commissioner Hay appointed Dale Hatch Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Code Compliance Board Vice Mayor Orlove appointed Michele Costantino Commissioner Hay appointed Richard Yerzy Mayor Rodriguez appointed Sharon Grcevic as an alternate Commissioner Holzman appointed Robert Bucella as an alternate 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Community Relations Board Commissioner Ross appointed Evelyn Duplecy Mayor Rodriguez appointed Vincenzo Piraino Vice Mayor Orlove appointed Willie Swoope Commissioner Hay appointed Richard Wise Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Education and Youth Advisory Board Commissioner Holzman appointed Lori Wilkinson Commissioner Ross appointed Stephen Waldman Mayor Rodriguez appointed Dr. Tiffany North Vice Mayor Orlove appointed Mary Morera Commissioner Holzman appointed Victor Norfus as an alternate Commissioner Ross picked Armesha Roberts as a student member Mayor Rodriguez appointed Sebastian Lugli as a student member Commissioner Hay appointed Khadijah Davis as a student non - voting member Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Commissioner Ross asked to table her appointment to the Financial Advisory Board 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Vice Mayor Orlove moved to table Commissioner Hay seconded the motion. Vote The motion passed unanimously. Library Board Commissioner Holzman appointed Barbara Erlichman. Commissioner Ross appointed Barbara McGee. Commissioner Hay appointed Bernice Begleiter. Motion Vice Mayor Orlove so moved. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Planning and Development Board Mayor Rodriguez appointed Sharon Grcevic. Commissioner Hay appointed Matthew Barnes Commissioner Holzman appointed James Brake Commissioner Ross appointed Brian Miller. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Recreation and Parks Advisory Board Commissioner Holzman appointed Elizabeth Pierce -Roe Vice Mayor Orlove appointed Robert Lapin Commissioner Ross appointed Robert Bucella as an alternate Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Senior Advisory Board Commissioner Holzman selected Lillian Bruzzese. Commissioner Ross selected Betty Spinelli. Mayor Rodriguez appointed Stuart Preston as an alternate. Vice Mayor Orlove appointed Elizabeth Pierce -Roe as an alternate. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Special Events Ad Hoc Committee Mayor Rodriguez appointed Christiane Francois Vice Mayor Orlove appointed James Guilbeault Commissioner Hay appointed Vinola Rada Commissioner Holzman appointed Elliott Williams Commissioner Ross appointed Christina Griswold Vice Mayor Orlove appointed Libby Stroud Vice Mayor Orlove appointed Brad Sevaldson Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Veterans Advisory Commission Commissioner Hay appointed Stuart Preston 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Commissioner Holzman appointed William Mitchell Commissioner Ross appointed Victor Norfus Mayor Rodriguez appointed Stanley Gavlick Vice Mayor Orlove appointed Frank Bregoli as an alternate Commissioner Hay appointed Karl Washington as an alternate Commissioner Holzman appointed Lester McKinzie as an alternate Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R11 -130 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Louis Ductan and Marie Elda Ductan for the property at 1124 Highview Rd, Lantana, FL. B. PROPOSED RESOLUTION NO. R11 -131 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Joseph DeFeo Jr. for the property at 806 Bamboo Lane Delray Beach FL. C. PROPOSED RESOLUTION NO. R11 -132 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Santos H. Carballo for the property at 1021 Peak Rd, Lantana FL. D. Accept the City of Boynton Beach FY2010/2011 Annual Grants Report. Commissioner Ross wanted Debbie Majors, Grants Coordinator, to highlight the grants program, including the changes with the Sudowski Fund. Ms. Majors reported 19 Federal, State and Local grants were closed, totalling over $2 million. There were grants to cover extra police patrols for the holidays and a case manager for the Youth Empowerment Center. Over $5.5 million over the last few years had been received from stimulus funding. The City is now introducing itself through the branding promise and there would be opportunities for partnerships and collaboration on grants for economic development. 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 The Sudowski Act includes SHIP (State Housing Improvement Program) funding relating to housing as a result of monies collected through document stamps paid on real estate transactions. The fund has been capped at $243 million since 2007. The repeal of the cap has now succeeded and as the housing market improves some additional funding should come into the City. Mayor Rodriguez questioned if the time spent on the grants reflected a good return on investment for the monies received. Ms. Majors advised 12 people are on the grants team representing the departments within the City. Most are support staff and act as information resources for other departments actively pursuing applications. The individuals directly involved with the grants have experience in these areas and are more cost effective. Ms. LaVerriere stressed most members of the grant team did not participate in the actual grant preparation. Motion Commissioner Ross moved to approve. Vice Mayor Holzman second the motion. Vote The motion passed unanimously. E. Approve the sole source purchase of two (2) LIFEPAK 15 cardiac monitor /defibrillators from Physio - Control Inc, located in Redmond, Washington for a total expenditure of $ 55,158.80. F. PROPOSED RESOLUTION NO. R11 -133 - Approve piggyback of the City of West Palm Beach Bid No. 08/09 -05 "Term Contract for Board and Secure Services" with Anchors Emergency Board -Up Services, Inc. with the same terms, conditions and pricing for an anticipated annual expenditure of $35,000; Approve execution of a piggy -back Agreement by the Interim City Manager G. PROPOSED RESOLUTION NO. R11 -134 - Approve extending the Interlocal Agreement which provides technical support from the City's Information Technology Services Department (I.T.S.) to the Community Redevelopment Agency (CRA). H. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the first (1) month period ended October 31, 2011. I. Accept the written report to the Commission for purchases over $10,000 for the month of October 2011. 10 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 J. Approve the minutes from the City Commission regular meeting held on November 15, 2011 Vice Mayor Orlove wanted the minutes clarified on Page 18 that he did return to the dais for the 5 -0 vote. Motion Vice Mayor Orlove moved to approve the minutes as amended. Commissioner Ross seconded the motion. Vote The motion passed unanimously. K. Approve utilizing the General Services Administration (GSA) Contract #GS- 07F-0396M pricing for contractual fire alarm system services and repairs from Simplex Grinnell LP in the amount of $50,400. L. Approve utilizing the US Communities Contract #MA -IS- 1140130 -1, Commodity Code #285- 93 -00- 047498 pricing for the purchase of energy efficiency lighting supplies for system upgrades and electrical /lighting supplies for maintenance /repairs from Graybar Electric Company for an estimated annual expenditure of $37,500. CLIMATE ACTION PLAN IMPLEMENTATION INITIATIVE # 4.1.1.1 Commissioner Ross noted the Item involved the Climate Action Plan and wanted the efforts highlighted. Jeff Livergood, Director of Public Works and Engineering, reported the upgrades were part of an ongoing effort to reduce energy in the City buildings. New light levels were installed with lesser power consumption. They also emit less heat resulting in the need for Tess air conditioning. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. M. PROPOSED RESOLUTION NO. R11 -135 - Approve Maintenance Agreement with the Boynton Beach Athletic Association for certain maintenance of the 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Little League ball fields located on City property commonly known as Little League Park Vice Mayor Orlove had pulled the item to clarify if invoices would be presented to the City for payment and if financial records were being provided according to the contract. Mr. Livergood commented a summary of expenses for the previous quarter was required before reimbursement would be made. Documentation of actual expenses would be required rather than a budget. There is an option for other information to be provided as needed and the termination clause involved only 30 days. Mayor Rodriguez wanted the budget to compare against expenses. Vice Mayor Orlove recalled, in general, non - profits were to submit their 990 IRS forms or some mechanism to review their expenses. Ms. LaVerriere advised it had been handled on a case -by- case basis. There were not many non - profits that were receiving funding due to budget cuts. It was suggested the parameters be included in each agreement. Mayor Rodriguez recalled there was discussion specific to the Boynton Beach Athletic Association and receipt of information in a timely manner. It was suggested a City policy relating to non - profits should be created considering IRS reporting Jack McVey, 1729 Banyan Creek Court, President of the Boynton Beach Little League and the Athletic Association, advised he had participated in the contract negotiations. He agreed the budget and expenses were continually changing. Any reports requested would be provided. He appreciated the support the City gave and commented the Little League and Association were saving the City money. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Approve a requested 1.4% increased cost for the purchase of bulk quicklime from Chemical Lime Company. Chemical Lime Company was awarded the Palm Beach County Co -op Bulk Quicklime Bid no. 005 - 2821- 09 /JA. which was approved by City Commission December 16, 2008. The Utilities Department anticipated annual expenditure for the purchase of quicklime is $225,000 which includes the increase of 1.4% 12 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R11 -136 - (1) Approve piggy -back of the City of Lake Worth contract (contract # UT- WAT -09 -10 -775) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing and (2) authorize the Interim City Manager to sign the contract. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $9,000 in Betania Santos v. City of Boynton Beach Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify on the next three quasi - judicial items. He explained the procedure to be followed. 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 A. Approve a site plan time extension for 18 months for the proposed Healing Grounds project consisting of a holistic veterinary clinic (3,416 square feet) and ancillary human massage and acupuncture spa services on 0.60 acre in the C- 2 Neighborhood Commercial zoning district Applicants: Bridget Keller, Agent and Nancy Keller, Owner Ed Breese, Principal Planner, explained the request by the applicant for a site plan time extension. It had been approved for a holistic veterinary clinic at 220 and 226 East Boynton Beach Boulevard. The construction prices were received by the applicant and grossly over - priced at $300 a square foot, which was not cost effective. The project has been value engineered and a general contractor consulted to assist in reducing the cost. Staff recommended approval of the request and had determined the request was justified. Bridget Keller, 3181 NE 165 Street, advised she agreed with the conditions of approval. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Commissioner Holzman inquired about the anticipated timeline. Ms. Keller did not know the timeline due to the high bids received. An affordable solution was being sought. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote The motion passed unanimously. B. Approval of major site plan modification to construct a 2,166 square foot addition to an existing 1,978 square foot office building for a total of 4,144 square feet on a 0.29 -acre parcel in the CBD zoning district. Eric Johnson, Planner, indicated the request was reviewed and recommended for approval by the Planning and Development Board. The plans are for an addition to an existing office building at 508 East Boynton Beach Boulevard. There would be compliance with all existing Codes and standards and concurrency and would be in compliance upon completion. The parking requirements are met and the landscape plans meet the purpose and intent of the alternate landscape plan provisions. The project complies with all setbacks. There are 128 conditions of approval and staff recommended approval. The applicant agreed with all conditions of approval. Commissioner Holzman clarified the new addition would only be used as office space. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. Vote The motion passed unanimously. C. Approve Master Plan Modification to the Quantum Park Development of Regional Impact (DRI) Master Plan to convert the land use option on Lot 75 from 01 (Office and Industrial) to OIC (Office, Industrial and Commercial), to accommodate a 94,000 square foot flooring showroom business. Applicant: Douglas B. MacDonald, Quantum Limited Partners. Mr. Breese explained the request to accommodate a 94,000 square foot flooring showroom business. The original DRI order approved a Master Plan that had been amended on several occasions. The proposed modification was minor in nature and the Treasure Coast had no objection to the non - substantive determination. The Florida Department of Economic Opportunity also submitted a no objection letter to the change. Staff agreed there would be no regional impacts and no local impacts with the request. The traffic would not increase and the building thresholds would not be exceeded. Staff recommended the requested change be considered non - substantial and be approved. Eugene Gerlica, represented the applicant and advised they agreed with all the conditions of approval. Commissioner Ross asked if the comment relating to industrial space had been confirmed with the owner. Mr. Gerlica advised the comment was acknowledged and appreciated. Vice Mayor Orlove noted 50 workers would be added to the community and it could grow with increased sales. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 D. Notice of Intent 2011 -01. Following Public Hearing the City Commission by majority vote shall either approve or disapprove the further processing of the proposed regulation which is the subject of the Notice of Intent. NOI 2011 -01, adopted by Resolution R11 -129 established a 180 study period regarding not - for- profit entities in various commercial zoning districts and declared zoning in progress regarding possible regulations following study. Attorney Cherof advised the City initiated the process of adopting a Notice of Intent to conduct a 180 -day study to determine the effect of not - for - profit entities engaging in business in various zoning districts, mostly commercial in nature. The process has a number of steps. The intent to declare the moratorium and begin zoning in progress was the first step. Next, there had to be a public hearing for interested parties to speak to the issue on the merits of proceeding with the moratorium and 180 -day study period. Mayor Rodriguez opened the issue for public comment. Donald Hearing, present on behalf of Christ Fellowship Church, asked the Commission to not move forward with the moratorium for non - profits within the commercial zoning districts The Church had a letter of intent with Dillards to purchase the store and were actively negotiating the purchase to establish a significant facility within the City of Boynton Beach. It would be a benefit to the City and bring value to the residents, plus bring thousands of people to the mall every weekend. The main campus of the Church is in Palm Beach Gardens and a campus in Royal Palm Beach that resides in an old Target store location. Christ Fellowship was more than willing to pay the missing ad valorem taxes that would have passed to the City of Boynton Beach in whatever form that could be agreed upon. There would be both tangible and intangible benefits to the City from having the Church in the community and may reduce other services that the City has to provide at this time. There would be new construction jobs and new customers to the mall. They were not asking for the zoning to be changed and understood the need to preserve the industrial districts. The City has a dominance of retail space. He requested the moratorium not proceed and allow the Church to provide more information and impact statements in a total economic package. Mayor Rodriguez inquired about the economic impact of the moratorium. Ms. LaVerriere replied all of the items proposed as benefits are part of the items to be included in the 180 -day study. All the items have been identified in an action plan that would be reviewed. Allen Sicklin, a lawyer, represented Christ Fellowship Church and noted the City's motive for the study was good and in the best interest of the City of Boynton Beach. The proposed moratorium has some unintended consequences. It would totally prevent a church at the Dillard's site. Parking, traffic, noise, fire and safety are all items 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 considered in any study. The fact a church does not pay taxes is not a reason to enact a moratorium to prohibit the sale. There are other places of assembly in the same shopping center that do exist and have the same characteristics. There is the Religious Land Use and Institutionalized Persons Act (RLUPA) enacted in 2000 to protect religious institutions from these types of activities. It provides remedies individually through the Civil Rights section of the Department of Justice. Courts had ruled that municipal interest in revenue generation, economic development or eliminating congestion were not reasons to enact a moratorium and in effect prevent the sale. Mr. Sicklin requested the Resolution not be approved and allow applications to be filed while the Code is evaluated for necessary changes. Brian Seymour, representing Dillards, understood the City's desire to study the situation; however, the Church could not wait six months to go forward. There are some legal issues that could be dealt with. Mr. Seymour suggested some of the retail properties be carved out of the DRI zoning. They could be included in the study, but not subject to the moratorium. It is a real opportunity for Dillards to sell the property pursuant to the long -term vested rights. He urged the Commission to not deprive Dillards of the opportunity to gain economic value on the property. Commissioner Holzman inquired if the Commission is within its legal rights to approve the moratorium. Attorney Cherof responded the process is a tested procedure under case law. When any moratorium is announced or zoning in progress is announced, new legal issues arise that property owners claim are unique. Motion Commissioner Holzman moved to approve the Notice of Intent and to authorize staff to continue with its study. Commissioner Hay seconded the motion. Mayor Rodriguez allowed for public comment and no one came forward. Commissioner Ross inquired about the legality of the Church paying the ad valorem taxes. Attorney Cherof was not unaware of the details of the offer and could not comment. If it were timely received, it could be discussed and negotiated. Commissioner Ross asked if the suggestion of carving out the retail properties was valid. Attorney Cherof replied the Commission dictates the scope of the study and types of zoning classifications or uses that would apply. The category of DRI could be eliminated. Staff may feel the limitation would make the study ineffective. Mike Rumpf, Director of Planning and Zoning, viewed the DRI as one more layer of information that would be evaluated. Unlike Quantum that has extracted and added uses within the Park, this parcel would be evaluated in Tight of the DRI and its impact on the study. 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Attorney Cherof advised the commencement of the process at the last Commission meeting would start the 180 -day process. Anyone or any entity could bring the study to an end before the 180 days expired. He assumed staff and Legal would continue to talk with the representatives from Dillards and the Christ Fellowship Church. Reports would be made to determine if other alternatives should be investigated or ended. There may be other non - profits that may be interested parties. Vice Mayor Orlove disclosed he had met with members of the Church and Mr. Hearing and Mr. Seymour who are registered lobbyist. Although he knew Mr. Seymour personally, Attorney Cherof had advised Vice Mayor Orlove could discuss and decide the issue Vice Mayor Orlove was torn and had previously been in favor of non - profits in the community as they serve a purpose and have great benefit. He did have concerns with a church in the middle of a shopping area, traffic, the effect of a sale of the mall property and other possible sales. A study was needed. It was asserted the City would be compensated for the lost taxable value as a result of the sale. The Church was going to provide Vice Mayor Orlove with further information. Amended Motion Vice Mayor Orlove amended the motion to request tabling the moratorium until the January meeting. Commissioner Ross seconded the motion. She disclosed she had spoken to Mr. Hearing by phone. Attorney Cherof advised the tabling would cloud the issue of the effect of what the Commission did at its last meeting. It complicates the matter. He suggested the information be obtained. Commissioner Holzman pointed out the Commission could end the moratorium at any time. Attorney Cherof advised, procedurally, the Commission could vote in favor of moving forward and would be on the prevailing side of the motion; then, bring it back at any time to reconsider the vote. Commissioner Ross agreed there was not enough information available at this time. Mayor Rodriguez stressed the moratorium could go forward and the proposed project be reviewed simultaneously. Commissioner Hay wanted assurance the impact of this parcel be included in the study. Attorney Cherof remarked there were many variables and options available to all the parties and the Commission. Amended Motion Vice Mayor Orlove removed his addendum to the motion, but amended the motion to include that staff make the study of this property a priority and come back to this Commission at the second meeting in January with information regarding it. Commissioner Ross seconded the motion. Ms. LaVerriere remarked the timeline was aggressive and difficult, but staff would do its best. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Vice Mayor Orlove understood that both the Church and Dillards want to move forward with the sale and respected those positions, as did Commissioner Ross. Speaking to the Chamber of Commerce and Business Development Board was another aspect for consideration. All parties needed time to complete their own due diligence. Mayor Rodriguez contended all parties were concerned because there was insufficient information that moving forward with the study would provide. It was agreed by all parties that the information be provided at the first meeting in February and the possibility of a sale would continue to be viable in the interim. Mayor Rodriguez reiterated the motion was to approve the moratorium with an update on the status at the first meeting in February Amended Motion Vice Mayor Orlove moved with the Notice of Intent, Resolution R11 -129 to approve the moratorium with and update regarding the particular situation at the Boynton Beach Mall, at the first meeting in February. Commissioners Ross and Holzman seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Discuss request for financial assistance from Colonial Club Condo Association - as it relates to the 2006 Emergency Generator and /or Ice Machine (EGIM) Program -per request of Commissioner Holzman. Ms. LaVerriere explained the request was for $1,250 to make repairs to an ice machine at the Colonial Club Condo Association. The initial grant was done in 2006 to provide a match to purchase emergency generators and ice machines to be more self - sustainable in an emergency situation. Twelve grants of $5,000 each were awarded. The association or organizations were responsible for the maintenance and upkeep of the pieces of equipment. The item was on the agenda at the request of Commissioner Holzman. Staff's response was there were no budgeted funds. Commissioner Holzman questioned if the designation of the Colonial Club as an emergency distribution facility would continue. Carisse LeJeune, Interim Assistant City Manager, indicated if the ice was needed, the City would expect the organizations that had received the equipment to provide to their neighborhoods and outside their gates. There was never any intent to continually upgrade or service the equipment received 19 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 through the grant. The Hester Center is the designated distribution center through the County. Mayor Rodriguez opened the matter for public comment. Jeffrey Fisher, 17 Colonial Club Drive, Unit 203, clarified he was not on the Board of Directors for the Executive Board. He was interested for the safety of the community through the COP program and CERT program and the viability of the equipment. The equipment was working perfectly. The concern was lightning had struck the building on several occasions and protection on the building was needed to maintain the switch over for the generator. Any amount of contribution would be appreciated. Commissioner Holzman offered $400 would be an equitable amount. It was admirable the community was ensuring they would be ready for service if needed. Ms. LaVerriere noted no monies were budgeted. Vice Mayor Orlove noted there were eight installed in District 1 and if the money is given to one it should be given to all. He did not feel it would be appropriate to give to only one association. Commissioner Hay agreed there needed to be fairness and the money was not available. When originally done it was well known it was a one -year reimbursement grant. The program does not exist any more. The award letter clearly stated the City would not provide the maintenance of the emergency generators. Commissioner Ross did not feel Pandora's box should be opened. Motion Commissioner Holzman moved to support the Colonial Club with $400 for their surge protection system to protect the generator /ice equipment for emergency management. Vote The motion died for lack of a second. (Vice Mayor Orlove left the dais.) Mayor Rodriguez requested an update on all the generators under the grant program. Ms. LeJeune replied she intended to revisit the homeowner associations and faith - based organizations to learn the status of the equipment Hopefully the Emergency Management Division would write the project into the Comprehensive Emergency Management Plan. There is a continuity of operations plan to keep government operations running. The City does not have a comprehensive emergency management plan. There are hurricane plans for the individual departments and divisions in the City. [Vice Mayor Orlove returned to the dais.) 20 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R11 -137 - Terminate existing lease with Boynton Beach Child Care Center, Inc. and approve new lease with Palm Beach County for operation of Head Start Program at 909 NE 3rd Street Ms. LaVerriere reported the County had requested to enter into a direct lease for the operation of the Head Start program at the facility located at 901 SW 9 Street. The non - profit organization, Boynton Child Care Inc. has also been operating in the building for many years. With new licensing requirements by the State as it relates to having site control, the two programs cannot exist at the same location. Currently the City leases to the Child Care Center and they sub -lease to the County. The lack of site control jeopardizes the licenses for the Head Start program in the City of Boynton Beach. Ms. LaVerriere suggested the Boynton Child Care Center be relocated. Channel Wilkins, Director of Community Services for Palm Beach County, agreed with Ms. LaVerriere's representation of the concerns that are detrimental to the continuation of the program. Commissioner Hay felt the issue was one of licensing. Vice Mayor Orlove inquired the number of children being served by the Head Start Program and Mr. Wilkins replied 84 students, but it varied on a daily basis. The issues involve licensing and safety of the children and staff. Mr. Wilkins agreed there were many accountability issues, access by everyone who has keys, County property, equipment and supplies that are not secured. The common space is not clearly delineated. The goal was to improve the program throughout the County and other sites were being considered. The facility was child care ready and was a good strong structure. Vice Mayor Orlove developed there was the potential for the Head Start program to leave the City if an agreement could not be reached and Mr. Wilkins agreed. Commissioner Ross noted there had been ongoing issues for the past two years with lack of cooperation or sharing of information. Mr. Wilkins explained in April there were organizational changes within the Boynton Child Care Center and there was no longer a County employee in the organization that offered some accountability. Meetings and correspondence have not resulted in adequate responses to the issues and concerns or ways to operate jointly within the facility. Commissioner Hay inquired if all the individuals having access to the building had undergone a background investigation. Mr. Wilkins was unsure and the practice was the background investigation had to be on file with the County. There was concern related to doors and access, especially during the day when the children are present. Mayor Rodriguez opened the issue for public comment. Wade King, 235 NW 10 Avenue, Board member of Boynton Beach Child Care Inc., indicated it was created in 1965 and was the founder of the Head Start program in the 21 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 City. Mr. King was unaware that there was an issue of non - compliance. Mr. Wilkins had met with the Boynton Beach Child Care Center representatives only once. Mr. King was an advocate for children and reported they have two employees. One facilitates the needs of the children in the aspects of mathematics, language and kinetic tactics in an after school program. Boynton Beach Child Care Inc. pays the salaries. They work with the children from 4 p.m. to 6 p.m. Both employees have had security checks done twice and the information passed on to Mr. Wilkins. Mayor Rodriguez asked for data on the number of children receiving the after -care assistance and Mr. King was unable to provide a definitive number. Mr. King countered there had been a study done that indicated a community program is needed to facilitate the children for the Head Start programs being transferred from the supervision of the Head Start program to the Boynton Beach Child Care supervision. Commissioner Holzman reiterated the fact Mr. King was the Director of the Child Care Center, but was unaware of the number of children being helped on a daily basis. The most important aspect was to have the Head Start program stay within the City of Boynton Beach. Mr. King advised the Boynton Child Center could not operate at another facility. The kids would have to be transported to an alternative location. Commissioner Holzman emphasized if the Head Start Program leaves Boynton Beach, the Boynton Child Care Center would no longer be viable either. Commissioner Hay stressed the Commission was attempting to assist the programs. He inquired who was on the Boynton Child Care Center Board and Mr. King advised it was Dan White, Queenie Ford and himself. Mr King advised he went to the facility perhaps once a week. The two employees had not been working until the issues were resolved. There was coordination between the Head Start employees and Boynton Child Care employees to rotate the kids for training between 4 p.m. to 6 p.m. Commissioner Hay suggested the matter be tabled until some alternative solution could be found so the two groups could exist and the children benefit from both programs. It was currently not working. Commissioner Ross agreed it was very important that the City not lose the Head Start program and was the priority. She inquired about Mr. King's qualifications. Mr. King replied he had a Bachelor's Degree in Business Administration and was certified in the area of Math, K through 9. He had 15 years of education experience within the public system of Palm Beach County. He originally worked with high -risk children and had established several alternative education programs within the Palm Beach County School system. Mr. King denied receiving any written communication from Mr. Wilkins advising him of any deficiencies or non - compliance. Vice Mayor Orlove disclosed he had spoken with Mr. King on a previous occasion regarding the issue. He also recalled previous discussion by the Commission in 2010. Motion 22 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Commissioner Holzman moved to approve Resolution R11 -137. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. Mr. Wilkins advised Head Start was responsible for the children from the time the children arrive until their parents pick them up. The obligation is not released to any other group or authority. Victor Norfus, 261 North Palm Drive, was aware of the services provided by Boynton Child Care Center to the Head Start children. He contended the Head Start program did miss some high -risk children to offer additional assistance with Math and other subjects. The students were always under the Head Start umbrella. No one else coming forward, Mayor Rodriguez closed the public hearing. Commissioner Hay approved the Resolution but wanted further exploration for a solution to the issue and continuing Boynton Child Care Center. He suggested the motion be modified to have Ms. LaVerriere investigate other alternatives. Motion Commissioner Hay amended the motion to include staff working with the Boynton Beach Child Care Center to relocate. Vote The motion died for lack of a second. Commissioner Holzman offered the Interim City Manager had already addressed alternatives and potential locations. Ms. LaVerriere had met with Mr. King and Mr. White and there was no interest in considering the option of relocation. Vote The motion passed unanimously. Attorney Cherof clarified the Resolution R11 -137 authorized a new lease with Palm Beach County and would terminate the existing lease. 23 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Motion Commissioner Holzman moved to terminate the existing lease with Boynton Beach Child Care Center Inc. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. B. Consider proposal to lease a portion of the Public Works Compound for construction of a billboard. Commissioner Ross disclosed she had spoken to Mr. Sachs several weeks ago. Peter Sachs and Andre Park with Sachs, Sax Caplan law firm, represented Wilton Manors Street Systems and had submitted a proposal to lease a small portion of City - owned land to erect a billboard. The property is used for storage of equipment. The proposal was to pay a significant amount of money over thirty years to the City. Three different types of billboards could be constructed at the site. The most advantageous would be a two -faced digital billboard resulting in $2.5 million of revenue to the City over 30 years. Other options would be a billboard that one side is digital and other side would be stationary that would produce $1.734 million revenue over 30 years or a two side stationary billboard that would generate $1.177 million over 30 years. The stationary billboards could be converted to digital in the future. There would be a public /private partnership. (Vice Mayor Orlove returned to the dais.) Motion Commissioner Holzman moved to approve what is considered Plan C, to allow the construction of one single pole outdoor advertising structure on City -owned property with two stationary advertising faces. Mayor Rodriguez passed the gavel to Vice Mayor Orlove and seconded the motion. Commissioner Hay inquired if the digital billboards were problematic. Attorney Cherof advised there was a law suit pending with Clear Channel that wanted to convert an existing old- fashion sign to a digital sign on the west side of 1 -95 and north of Gateway Boulevard. The case has not been settled. Commissioner Ross understood the issue was before the Commission for discussion only. It is premature at this time, especially based on the proposed revenue stream. 24 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Mr. Sachs mentioned it was a two -part approval process. First the City has to issue a permit and then the Florida Department of Transportation goes through a process to approve the project no matter which option is selected. Mr. Sachs noted his client was willing to convert the lease in the future to a higher revenue source for the City. The advantages for the City are that the City can post emergency announcements and non - emergency announcements. He urged the City to move forward and negotiate a lease at any level the City is comfortable with and include an option for the City to allow conversion to a more modern billboard. The State has standards on the level of lighting and the frequency of change. Vice Mayor Orlove disclosed he had met with Mr. Sachs and his client. He favored the digital billboard to give the City the potential to let the community know about events within the City. Mayor Rodriguez understood the City could enter into the lease and in the future upgrade to the digital format so revenue would not be lost while waiting for digital to be available Attorney Cherof agreed with Mayor Rodriguez's assumption. Amended Motion Mayor Rodriguez moved to amend the motion to go with Plan C while the lease is being negotiated and before it is signed, there is an option for an upgrade once Legal advises it is okay. Commissioners Hay and Ross seconded the motion. Vice Mayor Orlove opened the issue for public comment. (Commissioner Holzman left the dais.) Jerry Taylor, 1086 SW 26 Avenue, informed the Commission the City had previously worked diligently and strongly to eliminate all billboards in the community with the exception of two. No one else came forward. Mayor Rodriguez inquired if a plan or ordinance had been passed that the City would proceed to eliminate billboards. Attorney Cherof advised billboards were not permitted in Boynton Beach. There are a limited number that were grandfathered or approved in advance through a court settlement many years ago. The intent was to eliminate all billboards because they were a visual blight. The number of permissible billboards is limited. The applicant has an interest in the two that have yet to be built as addressed in the previous court settlement. No more will be allowed after those two are built. Vote The motion passed 4 -0 with Commissioner Holzman absent. 25 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 12. NEW BUSINESS A. Review Management Agreement with Schoolhouse Children's Museum and Learning Center regarding City appointments to the Museum Board of Directors Ms. LaVerriere explained Commissioner Holzman had brought the matter to address the City's two appointments to the Board of Directors as outlined in the management agreement with the Children's Schoolhouse Museum. There are two appointments being the City Manager or his /her designee and the Library Director. (Commissioner Holzman returned the dais.) (Mayor Rodriguez left the dais.) Commissioner Holzman's concern was the Commission is dealing with non - profits throughout the City and the Museum receives significant monies from the City so there should be some oversight. One appointment could be responsible for the oversight and the other could be any individual or rotated throughout the Commission. The City Manager or Interim City Manager cannot fundraise. Ms. LaVerriere understood the appointment was to provide operational oversight and the Library Director reviewed the budgetary concerns since the funding is through the Library budget. There are many members of the Board who can do fundraising. (Mayor Rodriguez returned to the dais.) Commissioner Hay did not see an issue with the current arrangement. Who sits on the Board carries a degree of leverage in soliciting funds. He questioned if rotating the Commissioners to serve on the Board would be a conflict of interest since the Commission approves the budget through the Library. Attorney Cherof did feel it would rise to a conflict. Ms. LaVerriere cautioned an annual rotation of the appointment might be a problem in terms of stability and continuity. Mayor Rodriguez was concerned with the draw on the time of the Interim City Manager. Ms. LaVerriere said she uses more personal time than work time in her involvement with the Board. There is one board meeting a month. Both Ms. LaVerriere and the Library Director assist from an operational standpoint. Commissioner Ross commented the Board appears to be strong. It makes sense that they bring value to the Board that can be leveraged while the rest of the Board can focus on fundraising. Amy Heaver, Executive Director of the Museum, remarked having both the City Manager and Library Director on the board had been advantageous and further the new brand position in the South Florida area. Six new board members had recently been 26 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 added. Commissioner Holzman hoped if a problem arose and another member that could assist with fundraising was needed, Ms. Heaver would come to the Commission. 13. LEGAL A PROPOSED ORDINANCE NO. 11 -030 - SECOND READING - PUBLIC HEARING - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners Attorney Cherof read Proposed Ordinance No. 11 -030 by title only, on second reading. Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing. Lynn Carrier of Marathon Music, appreciated the Board's consideration of the matter and decision to have a trial period with the feather flags. She did feel there would be a prevalence of banners and flags. It is a viable way to attract business in a difficult economy. It should have a positive impact. Vice Mayor Orlove confirmed the only change between first and second reading was the six -month trial period. Mr. Rumpf did want to tweak the language prohibiting the banners on sidewalks with something that allows the banners but does not impede pedestrian flow. They could not be placed in the roadway. Mayor Rodriguez could not support putting the banners on sidewalks. Vice Mayor Orlove surmised it would create a hazard. Mayor Rodriguez and Vice Mayor Orlove stressed the six -month study period could be used to address any new issues. Vote The City Clerk called the roll. The vote was 4 -1 (Commissioner Holzman dissenting). B. PROPOSED ORDINANCE NO. 11 -031 - SECOND READING - PUBLIC HEARING - Provide for a temporary, 2 -year suspension of the application or enforcement of provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 11 -031 by title only, on second reading. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. 27 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote The City Clerk called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 11 -032 - FIRST READING - Amend provisions of Chapter 2, Article VI, Section 2: City Parks and Recreation Impact Fee or Land Dedication. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 11 -032 by title only, on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The City Clerk called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 11 -033 - FIRST READING - Amending Section 2 -41 of the Code of Ordinances establishing revised redistricting boundary maps Attorney Cherof read Proposed Ordinance No. 11 -033 by title only, on first reading. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The City Clerk called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 11 -034 - FIRST READING - Providing for an amendment to the Pension Plan for the General Employees which contained a scrivener's error in the definition of "Actuarial Equivalence. Attorney Cherof read Proposed Ordinance No. 11 -034 by title only, on first reading. Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. 28 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 Vote The City Clerk called the roll. The vote was 5 -0. E. Approve (1) Closeout Change Order and Special Release (Field Change Directive No. 13) for GlobeTec Construction, LLC in connection with the Rolling Green Stormwater and Water Main Improvement Project; and (2) Final Application for Payment in the amount of $101, 710.55 to close out the project. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vice Mayor Orlove ascertained the monies were available. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. 1st Qtr update on Mae Volen Transportation Program - 1/17/12 B. 3rd & 4th Qtr 2011 combined Climate Action Plan update - 1/17/12 C. Brand Promise Committee Report - 2/7/12 D. Economic Development Implementation Program update - 2/7/12 E. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:54 p.m. (Continued on the next page) 29 Meeting Minutes Regular City Commission Boynton Beach, FL December 6, 2011 CITY OF BOYNTON BEACH Jos Ro�i ' ,Mayor illiam 7 love, Vice Ma or Wo. ow : y, Commiss'• -, ATTEST: Steven Holz an, Commi ner S• PALIALIv Ja , et M. Prainito, MMC Marlene Ross, Commissioner ity Clerk Edith A. Pyle, CMC </Deputy City Clerk 30 Development DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE P & z Building CITY OF BOYNTON BEACH, FLORIDA Engineering Occ. License Deputy City Clerk PROJECT NAME Subway Regional Headquarters APPLICANT Larry Feldman of The Feldman Group - Subway of South Florida AGENT Mr. Agustin Amaro AGENT'S ADDRESS 508 East Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION. December 6, 2011 TYPE OF RELIEF SOUGHT Master site plan modification approval to construct a 2,166 square foot addition to an existing 1,978 square foot office building for a total of 4,144 square feet on a 0.29 -acre parcel in the CBD zoning district. LOCATION OF PROPERTY. 508 East Boynton Beach Boulevard DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO 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 "D" 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 /a - - 11 Y 7 City Clerk O,c S \Planning \SHARED \WP \PROJECTS \Subway Regional Headquarters \DO doc SCANNED DEC 08 2011 City Clerk's Offjc ; aoN, Exhibit "D" Conditions of Approval Project Name: Subway Regional Headquarters File number: MSPM 12 -001 Reference: 2 review plans identified as a Major Site Plan Modification with an November 8, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that X additional comments may not be generated by the commission and at permit review. 2. At time of permit review, submit signed and sealed working drawings of the proposed construction. X 3. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. A water -use permit from SFWMD is X required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 4. At the time of permitting, add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and the X applicable building codes in effect at the time of permit application. 5. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The X plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 6. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing X plan shall be approved by the United States Post Office, the City of Subway Headquarters MSPM 12 -001 Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 3341 1 - 2741(Sean McDonald — 561- 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734 -0872) 7. SHT. SPA — 1 — Doors in toilet rooms shall not swing into the required clear floor space for fixtures. X 8. The south and west walls of the new addition are required to have a 2- hour fire rating per table 602 of the Florida Building Code. X PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: 9. The irrigation plan must follow the WaterWise irrigation design guidelines when submitted to the City, particularly with respect to the X following: 1) Bubblers installed on all newly planted trees; 2) low angle spray and / or windmill heads only (no pop ups) directing water at roots of plantings; and 3) other water saving design features. PLANNING AND ZONING Comments: 10. No building permits are to be issued by the City after the build -out date of "end of year 2015," as referenced by the approval letter issued X by the Traffic Division of Palm Beach County. 11. At the time of permitting, on all pertinent plans, show the pedestrian connections that are proposed through the landscape strip that abuts X Boynton Beach Boulevard, and make sure that each plan matches each other. 12. At the time of permitting, place a note on the elevation drawing (sheet SPA -2.1) that "all equipment located on the building, if any, shall be painted to match the building [Part III (LDR), Ch 4, Art III, Sec X 3.A.9]." 13. At the time of permitting, correct the site plan tabular data and the landscape plant tabular data so that the total pervious area matches on X both plans. Subway Headquarters MSPM 12 -001 Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 14. External downspouts shall be enclosed within the building structure on any building elevation visible from public rights -of -way or areas within the property accessible by the public [Part III (LDR), Ch 4, Art X III, Sec 3.A.8.]. At the time of permitting, revise the elevation drawings to comply with the aforementioned design restriction. 15. At the time of permitting, on the elevation drawing (sheet SPA -2.1), indicate by note that all rooftop equipment must be completely screened from view at a minimum distance of 600 feet [Part III (LDR), X Ch 4, Art III, Sec 3.A.9.]. 16. At the time of permitting, on the elevation drawing (sheet SPA — 2.1), correct the methodology regarding the maximum allowable wall X signage so that it is based on one (1) square foot of sign area for each linear foot of building frontage. COMMUNITY REDEVELOPMENT AGENCY Comments: 17. Staff recommends incorporating two (2) additional windows (real or faux) and awnings over each into the design of the rear facade of the X proposed building. These changes to the drawings may be made at the time of permitting. 18. With respect to the south landscape buffer, staff recommends uplighting the two (2) existing Live Oaks and the two (2) relocated Live Oaks. These changes to the drawings may be made at the time of X permitting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. k S \Planning\SHARED \WP \PROJECTS \Subway Regional Headquarters \COA (post P &D) doc E-XHIBIT C N E 2nd AVENUE (BOYNTON BEACH BLVD.) — – - -- F- (II — — .— i A f ffi Q 0 O K m `® Z 1 1 im 0 Z 7 Q) ,--C4 q < �• _i "\ d U�' 1 m Z \ C7 O n G7 in \ O 49 73 ee I CO > u . I O � . gy m EP z ` 0 • \ n x \ y0u) rat g s \ r x z ; � i v r -w I FUTURE ONE STORY C.B S. \ z I COMMERCIAL BUILDING \ \\ – 2.316! so. Fr 20 0 iALLEY RIGHT OF WAY r a I _ -I 5 rri:,1 ,.... › t 0 q , ip .. h. , d p , . 1 p . 1 h 1/ N 111041 1 B. g ! iP SI` ' ;‘ 1 tt ± # 4 � L VES & ASSOCIATES 11 ®�. b I�1 l�! �� -- Consutt.n Eny.wawa W r- ' o .1/4,i, 709 W 2,nte., 'Woe, 01.d. 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III _ I 1 li LANDSCAPE PLAN - RENNOVATIONS EXHIBIT B - V it ~i I . i f E. i .. 1 •°. -.• 13 .,., ,.., E 0 . ; 1 i . • r? • 4 AS I .... , tez xj 1 . ;fit f ;lilt , I ss, •if ilizL . 0. i.), 4 '11 0 gt : i i ;r1} i'iti 1 1'4 i 0 A -10 0 ■ .4 :- :s ...; = i ; : 1 r (0) I 1 I I 1 I C . • 03 > s 1 XI m G) $ 0 Z . > _. sr• •••,.• N. ".... - ‘4 , sx, -5, Ns '5. ff.- s4,- -... --.. - , r 4 4 > <1, 0 . ., , ..' •.•• ••• 4/1 ar• > .4 0 ..., 0 or •s . at 0 ti 4 , r• • ..: ■ a., 0/ / > 6, 4 . 0 ye , ... a , 4 < i. m a a a a . t CA 4 '' ... , ,. a o ... . 1 . • , < > . * ■..* .. , 4 .1 off ..1 . 0 „ Pt v nt 44 g 0 i. 0 • .. 4 .1 , At 4. 4 -11 e ,;, . . .., - a* v. > ..■ 6(1) (n \ Z CD , 44,2 Z ,/, CI " 7.1 m . _ Z 2 9 < 0> c . m -.1 --, ......, i .. r) 0 3 c ..•,, z ..... z co EXHIBIT "A" - SITE LOCATION MAP SUBWAY REGIONAL HEAD P UARTERS MSPM 12 -001 C -4 o ids @BD III C -4 2 M -1 _. I. M cr < W CL Z W 0 14. W 1z:um LL. Z _ _ _ eBD @=IT, = • ' ' • 1 : z, CH BLVD C-3____ ISE 131113 @ o 0 0600 0 NE E M = C-2 1- eBD E OCEAN AVE • E OCEAN AVE R -3 ., Ill I @ B ML 180 90 0 180 360 540 720 m ∎ — ��m....■ II " Fee DEVELOPM IT ORDER OF THE CITY COMMIT 'ON OF THE Cu TY OF BOYNTON BEACH, FLORIDA Development p & Z Building PROJECT NAME Healing Grounds f '� n Engineering nee Engi License Deputy City Clerk APPLICANT. Nancy Keller, DVM DEC 0 8 2011 _____ _ AGENT: Bridget Keller City Clerk's Office AGENT'S ADDRESS. 3181 NE 165 St, N Miami Beach, FL 33160 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION December 6, 2011 TYPE OF RELIEF SOUGHT Request approval of a site plan time extension of 18 months for a 3,716 square foot veterinary clinic on 0.60 acre in a C -2 zoning district. LOCATION OF PROPERTY. 220 and 226 West Boynton Beach Boulevard (SE corner of Boynton Beach Blvd and NW 2 Street) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 "D" 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 7Crolno: DATED /c —6' /� ,�'� ` :• .. . City Clerk S \Planning \SHARED \WP \PROJECTS \Healing Grounds \SP 111 1 .08 \DO doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Healing Grounds File Number: SPTE 11 -008 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments None • FIRE Comments None POLICE Comments' None BUILDING DIVISION Comments: None RECREATION AND PARKS Comments None FORESTER/ENVIRONMENTALIST Comments None PLANNING AND ZONING Comments 1 The approval of the Site Plan Time Extension is subject to the 17 conditions of approval of the original site plan approval (NWSP 10- X 002) ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None HEALING GROUNDS (SPTE 11 -008) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS To be determined ` . 45i MWRlkz S \Planning \SHARED \WP \PROJECTS \Healing Grounds \SPTE 11- 008 \COA doc DEVELOPME - ORDER OF THE CITY COMMIS: N OF THE Development CITY OF BOYNTON BEACH, FLORIDA P & Building Engineering Occ. License PROJECT NAME Quantum Park DRI Master Plan Modification Lot 75 Deputy City Clerk (MPMD 12 -001) APPLICANT'S AGENT Eugene A. Gerlica, Gerlica Inc. AGENT'S ADDRESS P O. Box 880668, Port St Lucie, FL 34988 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6, 2011 TYPE OF RELIEF SOUGHT: Request Master Plan Modification to the Quantum Park Development of Regional Impact (DRI) Master Plan to convert the land use option on Lot 75 from 01 (Office and Industrial) to OIC (Office, Industrial and Commercial), to accommodate a 94,000 square foot flooring showroom business. LOCATION OF PROPERTY: Lot 75 Quantum Park DRI Master Plan, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO ✓ 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 "F" with notation "Included" 4 The Applic is 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 0,'9 CiP1/4‘400\ o'X.**, ., '� Et Ge 0 , �l DATED - it C�,�� ! �. 1' 1 . P t N O. City Clerk , CI S \Planning \SHARED \WP \PROJECTS \Quantum Park Lots 73a -76 \Lot 75 MPMD \MPMD 12- 001 \DO doc EXHIBIT "F" Conditions of Approval Project name: Quantum Park Development of Regional Impact (DRI) Lot75 File number (MPMD 12 -001) Reference Master Plan Amendment for Lot 75 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments None X ADDITIONAL CITY COMMISSION CONDITIONS Comments. To be determined. / trils— S \Planning \SHARED \WP \PROJECTS \Quantum Park Lots 73a -76 \Lot 75 MPMD\ MPMD 12- 001 \COA doc EX11113, f "A" - SITE LOCAT NJN MAP QUANTUM PARK OF COMMERCE DRI . ... _ _ I ill ■7 `-, ' 7 , ,,' c :44 I' . 83 t5' t; ',_4L- IN v , ' i • _ Ltilin -(-- ''.*; I ■t.........* ) , ''''.•'...k..,. i jiLilli f 247.1110 r- ,_,,----,..,• ,N. i =, • .‘,•:.'"i'i- 11 %Ere.: inv..-^.. .. 1 .., ;1 n:D. j ,•lj..... :.-,, J. r -, '...,4/: ' Ti 1 -.. :.'-', ill :_ii,Lt-'!„1.07;;.:--i..:•7:...-:):i;,1„.7w;i1:1-1-T-'1,7:--;iiii.i" _______ ,..--- ,,;;.; - - -1 ' IL-71T-1:-4IIE 1 .. Li • L . 1 ' 1 1 ,._,_, .o. - E I , ,,,,!: 1 ; . 4 _, 1 ' 73, __,..,1IL .,.-", . ,_ i r- - --4f -- - r '.. I . '4 1 M 1---- 11 ----7,---7 --- - i 1 ,.. p . 16 --i fit ,„, p ,i) .•.,,. --— ELLE1 , ; ::•. L___ , i,, '. , ..— - •:, - a t...,,,, , ./.- 1 1 ils I - in —, imi 1 '• . .....\ ;', : ,... - "- 9E '. ,,,, i -.s.,.., - ,, • .4t 14 _ L ' \ • ■ ■ , ' 1 I ' IIII. i m i'l! 711::1 : 111':: . . 11 1:11 ill • 1 : . : i 1‘ M ' i ' ' '. \ \ T ■ t , ' . e' i . j i .T ' ..; ; b- ...-.,4 i I / / -- I I / ' —/- '!,,,,. ' ;:,7^" • / ' ' ' TUM I::: '' _,___: -. -- A., ,_ ..:;,, fir ,,, • . / i --- \ _ as; - 1- OS OM i 1 11 4 ] N. IN xi , ! 1 1 II" 1 il , F , MER_c' . . _ • ,- ... -,,,---- . ,..„ . _......_.._ . . ,,,, r .--- - / ! , ,• • ., . 1 --- , / „ ... „ „ ... . . .. 1 . . -,,....--„--_---...._ ._,, ; , 1 . , ; I 1 ._1 1---" , -- -- iii,il r / i •, - S M U PID r • 1 • ..-:i )-----11• • ,, —• .! ..- 1 • . ...... - , .____— '' - • :.-- 1 ___.. - -17 , i f .... , , . i -- 2 ----1 1 . ii \ 1,:c...:?,......,, 116, . , 4 , s ,, , - ..i.: _-1--_,.. „ -_ _ .., Tn.._ . , --.... i I : / -,' : L ....„ , -. L . III _... — _ ,_,, _ ,_. _ . _ ,,,, ..„.._ — a _ , - -- - ri-, i u ' . ainci• • l . 11 1, , - -- '' 1 kill , . , i , i, 1111U Ole _ s — is „, _ a - _ _ ,.. ...... .... ..,,,,,, i : Ini ' '„_44 . FM i r it : HU 1 1 ! giliiiill ; 1 WWI Mum inow.,... ..._ 1444 s.:Ilissallaimit ,.. _...2. am am .,17,_„„, innili Rim. amm Elm 1 mion ii t 11111HUNIN :_i Hi num , HautiTaiii MEM MUM N 1,100 550 0 1,100 2,200 3,300 4,400 Fe S EXHIBIT "A" - SITE LOCATION MAP QUANTUM PARK LOT 75 (MPMD 12-001) 17 --- M , ,..; i I / i , ..,,,........,.......___,.........„..,._.„. , , „.. -,„ / / „.., . . , i / i i , .... -.... PIM' / / i 68-A : - - / COMM r r -- i 0) / '----- : /...,.._,_ / / --- ,J______68-8 / / i / tij : how __ . 70/ / r L 69 / / "I`J i r... SAND /- ---- i . ---_ _._ I ilii r / ---- - 1 0' COMM / CO rr PRESERVE r -10/ 7Q te 71 1 01 / i. 70 / Irni----__ t U ---- --- i •j 1.. .-. ., --,1 el COM 'r Z RE€ ! i . __ 78 ! / 01 , ----/ --- • ......,_ • -_! i 72 A - - - C"--, / / COMM i / ,........:.,...... ..„.:•• ..,,-,-.,...• „..;....._.,..,. ' i .. ... • ,. '1 ' 7 I / ,; OIC C-'. {4 57 i I I 01 / 76 ',.'' 1 , 1 , I ,,,,, I 1 I -___, I ,. 1 I .: IND r r ' P 01 TO Q1C LIBL1X ; - R1 55 ) 7 ,, / / - ---- '': - '' i , 1 / j i . . , ... ,. , i a ,,,- - 1 01 : i SITE t ' ,..: ,...,•••, ,,.: , ,'" 7 .,..„ A ,-- '..., „ ''' -, - . , ! _., ■ 1 _ . 111 ' i i ....- . ..... .:.., . _.. . HIGH RIDGE RD 1 1 51-D 1 \ r 1 \ L IND 4Q 1 IND 51-A / 50-8 1 -- 1 , 73-8 \-.1 - IND ' 1 \ OT ' i i PU ,• ..., i N 370 185 0 370 740 1,110 0 At s EXHIBIT B 4 ! § G a EXISTING MASTER PLAN pp g S E 1 n O 1 i g i � 9 A c 1 �3-- -- CONGRESS AVENUE S i 6 � F E A s s uma r _ 4 Nii If '� MANS _,, • 1 * .� i C • � N v C Olt& v io so so i 4 I Ii s to 1 j II 1 , m I P ' ' I giii,i E 21 411 Fill .iitall.a tea .. 11401CfnElleira & E it ni --4.-_. , r m Ti „ _: _, __. . I v i i o S 2 2i -""r vzgg_o "ggi yam la R ZT R '� i X00 p�In R OO tn pp N N AZ O N2 8 J �^ - � ; r Z 1)-; m N o y I m b o- -gm ,q 6a 5. N I%YR E El ONd N �mu p Nul 1_;.* g 0 ; y DD > y >D r > Z6 ! H In 'INN IANj Nfn G� N k zr e. > > 1g1I a i . . , EXHIBIT "C" HMO if PROPOSED MASTER PLAN iv � " COMM MOUE 0 1 1 I I , , intio t' i 111 cow I: n n !:s. :,1:111 iiir :, Th ear N , s. ......... 14 0112 og Ica i i t . e ► E: $ - lig li.. dip" litT \ 1 II i SE 5 lig I ED 1 ,.,4 . ti: fr- I Do . ..„., , tip ii, H , ! , 14 II ''',,, ,:t. NOG= r' 4 1 :' 1 1: \i , ; , i rifik , i so ;g , , i il,, ilede En .. _ ........._2_,..„._ iii ,..„„ Iiii ii _ _ Ai: RI �■ , 8 € 9 li 1 Op prIsti .., igvg.- III I will ' I . / 1 sot rff i; 1 04 s ahlatiix it !1 !! 1411111111.1 '1 ¢ / 1 1 4 1 14 I- i Li_ --ww- EXHIBIT "D" gerlicainc. P.O. Box 880668 Port St. Lucie, FL 34988 gerlicape@comcast.net 772 -971 -9491 October 25, 2011. Michael Busha HAND DELIVERED Executive Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, Florida 34994 RE: Quantum Corporate Park DRI Request for Concurrence of None Substantive Change Dear Mr. Busha: Our office is assisting in a proposed amendment to the Quantum Corporate Park DRI that includes amending the Master Site Development Plan to change the DRI land use designation one lot, Lot 75. Lot 75 is part of a single development on 5 lots. The subject property, identified as Parcel #08- 43-45-16-33- 000 -0740 on the Palm Beach County Property Appraisers website, is owned by Duke PGC at Quantum, LLC, "Duke ". It consists of Lots 73A, 73B, 74, 75 and 76 as shown on the Master Site Development Plan. Currently, lot 73A, lot 73B, lot 74 and lot 75 have a DRI land use designation of Office/Industrial (O/I). Lot 76 has a DRI land use designation of Office/Industrial/Commercial (0/I/C). Duke proposes to amend the Quantum Corporate Park DRI to re- designate Lot 75 from Office/Industrial to Office/Industrial/Commercial, consistent with the designation of Lot 76 in the parcel. This change would enable the owner to initially lease approximately 94,000 square feet of the vacant 198,114 square feet of an existing building. This request will not in any way increase the intensity of the development or the external traffic impacts. Based on our review of 380.06(19) and the attached Justification Statement the above request is of a nature, impact and character whereby it is not a substantial deviation and does not require the filing of a "notice of proposed change." The applicant, Quantum Limited Page 2 of 2 Mr. Michael Busha, TCRPC October 25, 2011 Partners, Ltd.; the land owner, Duke; and, the City of Boynton Beach are requesting the Treasure Coast Regional Planning Council's concurrence on this determination. To assist you in the review, we have enclosed a reduced copy of the proposed Master Site Development Plan for Quantum Corporate Park with the subject parcel highlighted. Thank you for your time and consideration. Feel free to contact me with any questions at 772 - 971 -9491. Sincerely, or / 1 Eugene A. Gerlica, P.E. President Enclosures Cc: Douglas B. MacDonald, Quantum Limited Partners, LTD, QPPOA Declarant (w /encl) David B. Norris, Esq., Cohen, Norris, Weinberger and Wolmer (w /encl) Robert Close, Duke Realty (w /encl) Mr. Michael Rumpf, Director, Planning and Zoning, City of Boynton Beach C :liGerlicalncFilesWOPC 1717CRPC Requestfor COMIIIMICe W 20111025.dnca phone. 772471.9491 gerlicainc. P.O. Box 880668 Port St. Lucie, FL 34988 gerlicapeecomcast.net Justification Statement Quantum Corporate Park - DRI We contend this proposed change to the Mater Site Development Plan is of a minor nature. The amendment is being pursued to facilitate a 94,000 sq. ft. flooring retailer to occupy space in an existing and vacant office/warehouse building. The Master Site Development Plan modification is being processed as such by the City of Boynton Beach, pursuant to the City's ordinances. We also contend this proposed change meets the intent of statute 380.06(19Xe)2.k, whereby the nature, impact, or character of the proposed change does not require a filing of a "Notice of Proposed Change ". Listed below are statements of fact that justify our contentions. 1. The proposed change involves only a single lot, Lot 75, 3.02 acres. 2. The proposed change involves only a DRI designated use change for Lot 75; a change from Office/Industrial (01) to Office/Industrial/Commcrcial (OIC). 3. No change is proposed in the building area thresholds for Office, Industrial or Commercial development as cwrendy approved. 4. There is no change in the traffic generated because there is no change in the building area thresholds for office, industrial or commercial development. 5. There is no change in the traffic generated because there is no change in the maximum number of residential units. 6. There is no change in the traffic generated because there is no change in the maximum number of hotel rooms. 7. This Quantum Park DRI and the current development thresholds, if proposed as a new project today, would not by a DRL 8. The Quantum Park DRI has been amended seven (7) times since 1999 and each amendment was determined to not be a substantial deviation from the original DRI approval. 9. The development is nearly built out and the development intensity is significantly below the approved thresholds. Statement ' . : : . by: -4111/6/k0 .411V - • ' ir• S Eugene • / lica, P.E. - - • License No. 38639 C:liGerlicaboc FIIIaWOPC 17W pitons. 77247L t EX/18ITE TREASURE' COAST REGIONAL- PLANN•I1 G COUNCIL INP.IAN RIIrTER - IauC1E — MARTIN — PALM BEACH November 2, 2011 Mr. Michael Rumpf, Director Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Subject: Quantum Park Development of Regional Impact — Non - substantive Modification Dear Mr. Rumpf: Council received a letter dated October 25, 2011 from Eugene A. Gerlica of Gerlica Inc. concerning a proposed amendment to the Master Site Development Plan of the Quantum Park Development of Regional Impact. The proposed amendment is to change the land use designation on Lot 75 from Office/Industrial (0/I) to Office.'Industrial/Commercial (0/I/C). Lot 75 is 3.02 acres and contains an existing building totaling 198,114 square feet (SF). This change is being requested to enable the owner to lease approximately 94,000 SF of the existing building to a commercial business. Mr. Gerlica has requested that Council confirm that the proposed change to the Master Site Development Plan could be processed as a non - substantive modification without going through the Notice of Proposed Change process. Section 380.06(19)(e)2.k. allows the local government to process the change locally if the state land planning agency, in consultation with the regional planning council, agrees in writing that the change is not a substantial deviation and does not create the likelihood of any additional regional impact. Please consider this correspondence as the Council's letter of no objection to the City processing this change locally according to the statute mentioned above. If there are questions please call. Sincerely, '�►t� ��1 Michael J. Busha, AICP Executive Director MJB:pgm cc: James Stansbury, DEO Eugene A. Gerlica, Gerlica Inc. "Regionalism One Neighborhood At A Time " - Est -1976 421 SW Camden Avenue - Stuart, Florida 34994 Phone (772) 221 -4060 - Fax (772) 221 -4067 - wwn.tarps, or