Loading...
Minutes 02-17-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 17, 2015 AT 6:30 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A. CaII to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner Merker Mayor Taylor called the meeting to order at 6:40 p.m. A senior at American Heritage High School and resident of Boynton Beach, Amos Jackson, gave the invocation. Commissioner Merker led the Pledge of Allegiance to the Flag. Mayor Taylor thanked Mr. Jackson for giving the invocation and his commitment to the community. Motion Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted the Proclamation for Bicycle Month should be pulled from the agenda and placed on a March agenda. Item 13.G should be tabled until March 2 at the request of staff. Commissioner Merker asked to pull Item 6.B. Vice Mayor Casello pulled Item 6.G for discussion. Attorney Cherof advised there was a revised agenda cover sheet for Item 13.E that would be distributed. 2. Adoption Commissioner McCray moved to adopt the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER Motion A. Informational items by Members of the City Commission FEBRUARY 17, 2015 Vice Mayor Casello disclosed he had met with James Comparato and Martin Perry. He attended the Barrier Free Park ribbon cutting for the new equipment and encouraged others to visit the Park. Mayor Taylor added it was a new fit zone with 17 state- of -the- art pieces of equipment with five being wheelchair accessible. Vice Mayor Casello asked the Commission for reconsideration of the vote on the Casa Del Mar project. He hoped the developer and neighbors could continue working together so the best development possible can be built at the site and move the City forward. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner McCray dissenting). Attorney Cherof noted the items would appear on the March 2, 2015 agenda and appropriate notice to the interested parties would be given. Commissioner Merker disclosed he had spoken with James Comparato. He noted the City was fortunate that K. Hovnanian, the developer for Casa Del Mar, was willing to be flexible. Mayor Taylor interjected the City had the authority to zone or not zone the parcels. Commissioner Fitzpatrick went to the Florida Department of Transportation and Metropolitan Planning Organization Conference where they discussed future transportation needs of South Florida. He went to the Town Hall meeting for Bridges to Success and the opening of the Kinetic Art Symposium and Historic Boynton Woman's Club Gala. He attended the CRA meeting and Palm Beach County American Society of Civil Engineering lunch meeting. Commissioner Fitzpatrick disclosed he had met with James Comparato. He and staff members discussed the 1 -95 Interchange projects in Boynton Beach with the Florida Department of Transportation representative. It would be a seven or eight -year project. Mayor Taylor disclosed he and staff had gone to Miami to meet with a development company regarding the plans for the downtown area. He advised several individuals had contacted him about the Lake Ida project. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. Mayor Taylor announced the first City Commission in March would be held on Monday, March 2 "d , rather than Tuesday. B. Consider areas of study for the Financial Advisory Committee (FAC) for the upcoming year. Mayor Taylor noted a member of the Committee had recently resigned leaving the Committee without a quorum. Steven Grant, NE 3rd Avenue, pointed out 10 areas were listed for the Committee to review; however, there are now only three members. Mayor Taylor commended the remaining members for their time and efforts. He felt there was a duplication of effort since the staff reviews the same topics. At this time, the budget process has begun and he suggested the Committee be dissolved and the current members remain involved with the City by serving on other Boards. Mr. Grant had served for three years and felt the Committee had done as much as it could with the resources available. They were concerned with vacant lots that were given to the CRA. Commiss?oner Merker suggested Mr. Grant consider applying for the vacancy on the CRA Board. Motion Vice Mayor Casello moved that the Financial Advisory Committee be dissolved. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. C. Boynton Beach Police Department will host the 2015 South Florida K9 Competition on Saturday, March 7, 2015 at the Boynton Beach High School, 4975 Park Ridge Blvd. The event runs from 2:OOpm - 8:OOpm. Mayor Taylor announced the K -9 competition and suggested everyone attend the remarkable demonstrations and competition. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL D. Proclaim March 2015 as Florida Bicycle Month. (This item was moved to the March 2, 2015 agenda.) 4. PUBLIC AUDIENCE FEBRUARY 17, 2015 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) Dan Spotts, 805 N. Federal Highway, had presented to the CRA useful suggestions to improve the operating efficiency and the reputation of the Agency. He had mistakenly referred to Vivian Brooks, Executive Director of the CRA, as a one -time receptionist and apologized for the comment. He emphasized his suggestions that the Agency needs to adhere to transparency policies and procedures already in place. The rush to accuse and censure Mr. Merker negates the independent working of the Board to avoid the appearance of being a springboard for political favors or attacks. The matter should be sent to the Governor to investigate. There had also been a public comment by Commissioner Fitzpatrick complaining that Commissioner McCray was not participating in quid pro quo exchange of votes on pet projects. In Mr. Spott's opinion, the progress of the Boynton Beach Community Redevelopment Agency, under the leadership of Ms. Brooks, has been an expensive disaster. The Little House remains abandoned at a huge loss and the lighthouse at the Marina blocks the view from the street and eliminated much needed parking spaces with no benefit to the existing businesses. Half of the spaces at Ocean Walk, Marina Village and East Ocean are now vacant, half of Las Ventanas and all of Casa Costa are vacant. Ms. Brooks wants to spend $4 million more to build the 500 Ocean project because there is a shortage of retail space downtown. Further, the Master Plan fails to address the threat of All Aboard Florida. Harry Woodworth, 685 NE 15 Place, President of INCA, thanked the Commission and staff for their assistance on some of the issues previously mentioned. The bus stop in front of the Plaza was being moved. However, there was no schedule for the removal of wires on the old poles. Amerigas remains an eyesore along Federal Highway and all along North Federal Highway could be beautified. Commissioner McCray interjected he had gone to the Kinetic Art Symposium and commended Debby Coles -Dobay for a job well done. Mark Karageorge, 240A Main Boulevard, wanted to see actual pension reform because the unfunded liability increases. The litigation on the Old High School needs to be resolved so Town Square plans could move forward. The Treasure Coast Study has 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 been completed. Mr. Karageorge commended the Arts Commission and Ms. Coles - Dobay for the Symposium. He respected the work and efforts of each and every Commissioner who were so often underappreciated. Commissioner Merker advised there is a future agenda item to discuss the pensions. Vice Mayor Casello pointed out there would be an update from Treasure Coast Regional Planning Council on options for the Town Square slated for the March 2, 2015 agenda. Suzanne Ross, Schoolhouse Children's Museum, reported February had been a busy month with many events including workshops during the Kinetic Arts Symposium. Three upcoming events were the Legal Aid Society and Jaycees of Boynton Beach who would partner with the Museum to have their own events and participants coming to the Ocean Avenue corridor. The Schoolhouse Reunion Bash would be held on February 28 to support the Museum. There would be events during the day and a reception and auction in the evening. Ray Whitely, 5503 Wishing Star Lane in Greenacres, was representing the Boynton Beach Coalition of Clergy and extended an invitation for the Commission to attend the next Unity In Prayer for the City of Boynton Beach held at City Hall. He thanked the CRA for participating in discussion about moving the City forward and sharing their work. The Coalition was concerned about purchasing a park when there were 32 other parks in the City of Boynton Beach that need improvements. Howard Williams, 230 NE 16 Avenue, had seen the City grow over the years and he wanted it to continue to grow. He contended the purchase of a park would be useless when there were other parks in the HOB area that need major attention. He wanted more police presence in his community and more road improvements on NE 16 Avenue that was being used like a speedway. Commissioner McCray assured Mr. Williams the Chief of Police and City Manager would be in contact with him. Minister Bernard Wright, 713 NW 2 Street, commended Ms. Anthony and the Palm Beach Post for two articles about Robert Wells' Day. There was a celebration that not one City official attended or gave an honorable nod. Plans were being made for next year to be an even greater event and he hoped a City official would attend. There would be a historic presentation at the Carolyn Sims Center on Saturday. Commissioner McCray did not recall getting an invitation. Mr. Wright claimed he called the Mayor, Chief Katz and left a message regarding the event activities. A city representative had called to advise various permits were needed. Bro. Victor Norfus, 261 N. Palm Drive, recalled there had been events held in District II, Heart of Boynton; namely the Heritage Celebration, previously referred to as Black Awareness Day. The CRA took over the event, moved it out of the community and the 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL event lost participants. Every event is a celebration and all events planned by the CRA are held on Ocean Avenue. Any and all locations should be supported by the CRA as local events for the citizens. Commissioner Merker concurred and felt a Black History Day should be declared during February. It is a learning curve for those of other ancestors. Mr. Norfus agreed and would look forward to the Commission's support. Commissioner McCray countered there have been many events at Carolyn Sims Park. Mr. Harry Meeks was to organize the placement of Ms. Miller's name for the Heritage Park memorial and had not done so. The leadership in the area had not coordinated their efforts for other events. Mr. Norfus wanted one of the CRA events to be in the Heart of Boynton. Stephen Grant, NE 3 Avenue, lived in the Heart of Boynton and had gone to the Bark in the Park event that was well attended; however, District II needed trash pickup especially on the CRA vacant lands on 5 Avenue, 6 Avenue, Martin Luther King Boulevard and 10 Avenue. Mr. Grant complained that stop sign violations were making it dangerous to walk along Boynton Beach Boulevard. Herb Suss, 1711 Woodfern Drive, applauded Woodrow Hay's comments at the CRA meeting and Mayor Taylor's remarks. Mr. Suss encouraged Mayor Taylor to run for re- election because the City has prospered under his leadership. Mr. Suss had been named to represent the City at the Climate Action Coalition (CAC) in the County. They met to discuss sea level changes and climate change. The newspapers should write more about climate change to inform the public. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: FEBRUARY 17, 2015 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: 1 Stu, 1 NN Stu Employees' Pension Trustees: 1 Reg Financial Advisory Commission: 4 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 1 Alt 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Planning & Development Board: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 1 Alt FEBRUARY 17, 2015 Vice Mayor Casello moved to appoint Cheryl Black as an alternate member of the Historic Resource Preservation Board. Commissioner McCray seconded the motion, Vote The motion passed unanimously. 6. CONSENT AGENDA Motion 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. R15 -018 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2015 -2016 budget with the scope of professional services and specialized assistance in the amount of $17,500. B. PROPOSED RESOLUTION NO. R15 -019 - Approve acceptance of Lake Ida Deed from Palm Beach County. Commissioner Merker moved to accept the conveyance that he would not support. Commissioner Fitzpatrick seconded the motion. Commissioner Merker consistently held there are approximately 30 parks in existence that are not being maintained properly. The budget created by Commissioner Fitzpatrick had many revenue assumptions that were not reliable. Commissioner Merker was not against parks; however, the financial issues were paramount and other projects needed funding also. He would not support the purchase of another park. He recalled the County had voted against the conveyance at one point. Vice Mayor Casello inquired of Wally Majors, Recreation and Parks Director, where the $100,000 would be deducted in the budget and Mr. Majors responded the park impact MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL fee fund monies would be utilized. The fund was created to collect monies from new development to develop or improve parks as a result of future residential development. If the monies are not used in the area of new development, the funds can be used for more regional projects. It cannot be used to pay salaries or buy equipment. It can only be earmarked for park planning, development or improvements. Vice Mayor Casello requested an estimated cost of maintenance for a passive park and Mr. Majors had previously estimated it would be $500 to $1,000 annually to maintain the park status quo. Vice Mayor Casello contended it could be only $200 a month to maintain it as a passive park for several years and that could be a good deal. As Director of Recreation and Parks, Mr. Majors concurred that any opportunity to acquire green space was positive. Commissioner Merker had spoken with Mr. Majors that the existing parks were in poor repair and it was not cost effective at this time to purchase another park. Ms. LaVerriere interjected the Commission needed to have a policy discussion, rather than burden staff with their opinions. The monies were budgeted and made available. Whether or not to move forward with the deed is at the discretion of the Commission and Mr. Majors, Recreation and Park Director, would incorporate the park into the plans. Mr. Merker wanted an opinion of staff that was consistent. Mayor Taylor opened the issue for public comment. 8 FEBRUARY 17, 2015 Gary Fishman, 3504 Diane Drive, Acting President of the Diane Drive Association and Neighborhoods did not support the purchase of the land and turning it into a park. The sale price is not the only expense to be considered because there would be additional unknown costs that would arise. Yearly expenses would continue as a huge burden to the City and taxpayers. The anticipated linking of the parks for many miles across the County included high expenses, safety issues, additional criminal activity, traffic, loitering, vagrancy, littering and potential for a drug haven and more. The Girl Scout Park was free years ago that is still undeveloped. The new parcel is not a good deal for the City of Boynton Beach. The pros and cons are out of balance. Parks are nice to have, but not in residential areas. Many parks are dormant. Greenways, blueways and bikeways are important, but not through a densely populated area. Luxury homes would be preferable. Lakh Kalra, 3842 South Lake Drive, would be the most affected by the proposal as he owns the land adjoining the proposed park that has no access. The City had approved 22 lakefront homes on his land, worth about $20 million that could generate $500,000 a year for taxes. A bicycle path in the same area was removed because it was not safe. He did not feel he should give the City land for a parking area and access. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 9 FEBRUARY 17, 2015 Buck Buchanan, 807 Ocean Inlet Drive, advised he was in favor of the park because it was part of the blueway, greenway plan and unless there is a compelling reason to deviate, the plans should be followed. He perceived it would only be a walking or biking path through the area and not an expansive park. The money comes from a restricted fund that can only be used for land acquisition and capital improvements. Mr. Kalra's proposed development has to have access across City land to get to the water for the homes. There is land next to 1 -95 that could be traded. The land should be purchased and land banked until money is available to develop or be returned to the County. Denise Zupo, 3509 Diane Drive, remarked the Commission was required to make ethical, legal and sound decisions daily for the benefit and safety of the residents. It was disconcerting when public officials get distracted and focused on their own agenda. She asked the Commission to realign their focus to the representation of the residents. The peace and safety of the neighborhood would be threatened. A bike trail would compromise safety of the children and families, homes and properties. Property values would be decreased. Proactive planning for the safety of the children and residents should be the primary factor in making the decision. She strongly opposed the addition of the bike trails. Charles Kanter, 2905 S. Greenleaf Circle, felt buying the property was a unique opportunity to purchase waterfront property. It could be a destination for kayakers, paddle boarders and others as part of an effort to attract younger people to the area. The property is needed for the future residents. Catherine Scantlan, 13 Cedar Circle, echoed Mr. Kanter's comments and supported the park. A lack of green spaces cannot be cured. The opportunity should not be disregarded and it could be an alternative to heavy traffic that can be an issue for many. Betty Roe, 637 Oak Street, and Chair of the Recreation and Parks Board, thanked Commissioners Fitzpatrick and Merker for coming to the Recreation and Parks Board meeting. The Board was in favor of the purchase for the future of Boynton Beach. Arlene Malloch, 3910 Lake Drive Extension, was strongly opposed to the park acquisition. She had purchased her home with the understanding that luxury homes would be developed and increase home values and the tax base for the City plus preservation of a historic area including Lake Ida. The planned effect of the park would be disastrous with increased crime, loitering, individuals sleeping in cars, littering, car racing, and vandalism. There would be increased traffic and it could become a sanctuary for the homeless, sex offenders and drug dealers, jeopardizing the safety of everyone. Mr. Malloch noted Lake Ida is extremely busy and the Lake itself needed protection. She begged the Commission to vote no. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 Christa Malloch, 3910 Lake Drive Extension, contended the area was already a green space. She opposed the park and remarked the controversy was stressful for all the residents. Scott Rocchio, 3719 Diane Drive, lived close to the property in question. The City's parks are in need of maintenance and he did not understand why the City would want to purchase more maintenance problems. The City has become a park hoarder and he questioned how many parks were needed. The maintenance costs have to be significant. A developer wants to develop the land that would result in increased revenues for the City for the life of the development. Eric Peterson, 3735 S Lake Drive, at the north entrance to the proposed site, gave him a special interest in the proposed plans. Parks are designed to bring people to the site resulting in strangers going through his neighborhood to access the area. People without a vested interest in the property or neighborhood are more likely to disrespect the properties. His property is littered with beer cans and bottles from individuals fishing off the bridge now. His car had been broken into twice and his house vandalized. South Lake Drive has no sidewalks or dedicated bike lanes and cars currently park on the street along Diane Drive. Mr. Peterson asked if the liability cost had been estimated and if contingencies were established in the budget to cover the cost if volunteers are not found to do the work. Mr. Peterson and his entire family opposed the proposed acquisition. The needs of the occasional user of the park should not supersede the concerns of the residents. Howard Williams, 230 NE 16 Avenue, opined the park was not needed and it would be useless since other parks need improvement for the future. The Ezell Hester Center needs major improvements as well as other parks around the community. He encouraged the Commission to use the funds to improve the existing parks. Craig Sartori, 145 SE 28 Court, noted the County's mistake of not developing the site could be an opportunity for the City to develop a greenway. The purchase of the land at this time, even though it may remain undeveloped, would be a good idea. The detractors of the acquisition live on Diane Drive that runs parallel to 1 -95, near a K -9 SWAT facility and adjoining an airline manufacturing facility. The homes are not in the most desirable location. The residents of Diane Drive would be the biggest beneficiaries of the proposed park. It would provide access to safe, family biking and walking. Mr. Sartori lived next to a park and had not experienced the concerns previously expressed by the Diane Drive residents. He supported the park purchase. Kay Gates, 9693 El Clair Ranch Road, related her previous positive experiences with greenways. They provide pleasant walkways and bikeways to avoid traffic congestion without reducing property valuations. She suggested the greater vision be recognized. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 Nathan Seibert, 402 SW 8 noted Delray has two parks next to Lake Ida that he frequents and rarely sees vagrant activity or unmanageable problems. Once the opportunity is gone it would be unlikely it would arise again. Commissioner Fitzpatrick has worked to establish a clear vision for greenways and bikeways that was not questioned until this time. It demonstrates the continued miscommunication and lack of unity in government. Mr. Seibert was in favor of making greener places for the children and future of Boynton Beach. David Katz, 67 Midwood Lane, recalled the budget included $100,000 for the park if Commissioner Fitzpatrick could make the deal. He accomplished the task and his energies to obtain volunteers should not be discounted. The proposed park should more accurately be referred to as a preserve. It would not have playground equipment, parking spaces and bathrooms. Mr. Katz was disturbed by the improper reference that the park would attract a bad element. Herb Suss, 1711 Woodfern Drive, opined the greenway is a dream, the money is budgeted and it is a golden opportunity for a preserve. Commissioner Fitzpatrick had done extensive research on the matter. Mr. Suss agreed with the purchase. A resident of 4 Street in Chapel Hill, works in the area and did not want the area to be disturbed, but the park would be a wonderful opportunity for the City. It is a long term project and he trusted the Commission to do the best for the City. It is not just one neighborhood impacted. The area could improve after the agreement is executed. Nancy Barbalaco, 3508 Diane Drive, begged the Commission to protect the neighborhood. It is very clear the residents do not want or need the park. The City already has many parks. Taylor Levy, 1810 Lake Drive in Delray, asked if anyone had done a feasibility study on the impact on the Lake of 20 plus homes. It could be a significant increase in water traffic and damage to the shores. Parks should be in residential neighborhoods so they can be enjoyed and be in the open air. The anticipated tax revenue of new homes was an unreasonable estimate. Rather than strangers, family and friends would be coming in the neighborhood to enjoy the green space. It is an opportunity to connect the waterways and give back to the citizens. No one else coming forward, Mayor Taylor closed the public comments. Commissioner McCray indicated he did vote for the study in 2004. He stated for the record, "I do not trade votes. I vote for the betterment of the entire City although I was elected to represent District II. My concern is for all citizens as well as the upkeep of what we already have. We are in dire need. I am going to say it again, we are in dire need of work at the Ezell Hester Center. Our parks are in a great need of repair." 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 Commissioner McCray felt it was unfair for Mr. Majors to answer one Commissioner and not answer the other and gave us a set of false numbers. His vote as stated in the newspapers would not change. Vice Mayor Casello was amazed because the park would be passive and the crime, litter, vagrants are a concern when there is a long- standing vacant factory in the area and no one complained. The majority of the Commission gave direction to Commissioner Fitzpatrick to negotiate a price for the parcel of land up to $100,000. Vice Mayor Casello attended the County Commission meeting where he and Commissioner Fitzpatrick spoke passionately about the purchase. The County Commissioners went against their staff recommendation and agreed with Commissioner Fitzpatrick. Vice Mayor Casello gave his word and he would stand by the plan. He would vote in favor of the park because direction was given and Commissioner Fitzpatrick negotiated and the purchase was approved. Commissioner Fitzpatrick asserted on January 21, 2014 the Commission by a vote of 4- 1, passing Resolution No. R14 -022 requesting the County to sell the property to the City of Boynton Beach. The Resolution was reaffirmed on September 3, 2014. At that time, Commissioner McCray remarked the parcel should be obtained for future growth and money was reserved from the park impact fee fund for the purchase. The vote was 4 -1. The second reading of the 2014/2015 budget was placed on the consent agenda and it also passed 5 -0. The entire Commission voted for the budget that included $100,000 for 4.85 acres of lakefront. The current item did appear under Consent Agenda because there were three minor changes to the conveyance document from the County. Since the item was pulled, other points should be considered. Commissioner Fitzpatrick agreed other parks were being neglected. Typically park budgets are the first to be cut and last to be restored in economic downturns. The reason to purchase this property at this time was because next year the current parks will still be there for the citizens of Boynton Beach while the Lake Ida property would be gone forever. It was contended that the $100,000 of impact fee monies could be spent on better projects. There was another assertion that the greenway /bikeway plan is a concept plan and inclusion should be on an individual basis. Commissioner Fitzpatrick suggested there be a comparison of each park and the value and benefits for all residents. The benefits of the Lake Ida project are as follows: 1) Future access for Boynton Beach residents to 189 -acre County owned and maintained park that has restrooms and a dog park; 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 2) Future safe access to the Delray Tri Rail station and Boca El Rio Trail; 3) Increase the tax base of Boynton Beach by boosting the value of the future homes on a property to the north by 4% to 20 %. Also increase values to all the homes in one -half mile radius including Diane Drive; 4) A great deal for City taxpayers. The estimated total cost of improvements to be $2.9 million of which only $66,000, spread over several years, would be paid by Boynton Beach taxpayers. Over $2.8 million or 97.7% would be paid by other entities. No other park project would have a similar ratio of cost benefit. Commissioner Fitzpatrick argued if this purchase is determined to be not greenway worthy, then the bar is so high, no greenway project will ever be approved. Other pertinent materials were distributed by Commissioner Fitzpatrick including a letter from Lisa District, a professional engineer for Florida Department of Transportation, indicating the construction costs for El Rio Trail were approximately $1.5 million including the realignment of the existing trail and tunneling under the CSX Railroad and Yamato Road. The $1.5 million was funded from gas taxes that were spent in Boca. Another memo from Kim Delaney from Treasure Coast Regional Planning Council indicated multiple studies reveal home and business values near trails are greater with increases ranging from 4% to 20 %. There was another study that asserted walking and biking trails as a number one amenity desired by homebuyers. It was concluded that of the $2.8 million projected cost, $2 million would be from gas tax revenues over a period of time. There would be $100,000 from the developer impact fee and the County gift of $400,000. Monies would come from the developer of the land to the north because the proposed houses would include docks that would require City permission. There could easily be a trade -off in concessions. The expense to the City of Boynton Beach would be an open -roof gazebo, a kayak launching beach, sidewalk, informational kiosk, a welcome sign facing 1 -95 and the cost of some native plants. It would be approximately $66,000 or 2.3% of the overall possible cost. If the FDOT and MPO funding does not materialize, the items would not be built. Commissioner McCray clarified that he was on the prevailing side and he could change his mind as other Commissioners had done on other projects. He was entitled to change his mind and he did so. Mayor Taylor contended it was understood to be a conceptual plan. Facts would be ascertained and presented and then a decision would be made. He agreed to allow Commissioner Fitzpatrick to present to the County, but it was still part of the fact - finding process. Mayor Taylor commended Commissioner Fitzpatrick because he was personally and economically positive and it was a good thing. Mayor Taylor believed in protecting green space. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 14 FEBRUARY 17, 2015 The City has 28 parks and the park impact fund has approximately $585,000 of which $250,000 to $300,000 has been encumbered leaving a $250,000 balance. Over the years, the residents around Meadows Park and the Eco Park in Quantum Park have been told there is no money for either park. Sara Sims Park needs a lot more work and the Hester Center field replacements would be done with some of the encumbered monies. Girl Scout Park has never been developed that is a beautiful area and a greenway could be started there. The Barrier Free Park development will require a lot more money to complete. It is open to people with all levels of ability and disabilities. The Wilson Center has work that should be done too. There are acres of natural scrub on South Seacrest that is minimally utilized and another north on Seacrest. A park behind St. Mark Church runs through the mangroves with a bridge that has to be maintained. Shading some areas of the existing parks would increase the enjoyment for more residents. Mayor Taylor would support spending money on the existing parks that need attention before a park is added. There is no access from the proposed site to Lake Ida Park in Delray. There is private property between the street and the proposed site that would have to be purchased. It was suggested a greenway should start at the City -owned Girl Scout Park and go north. Even a preserve was not feasible. Ultimately, Mayor Taylor could not support the acquisition of the parcel. Commissioner Fitzpatrick referred to an email to the Director of the Metropolitan Planning Organization (MPO) indicating the City Attorney had made changes to the proposed agreement that would increase the time limit from five to 10 years to get full access from the owner to the north. There was an added provision if the City wanted to flip the property, the County would have the right of first refusal for $100,000 and if declined, the County gets any sale money over $100,000. The third change would substitute the words neighborhood park to greenway /blueway in conjunction with City definitions for open space uses. It was indicated that a bike /pedestrian bridge across the L30 canal to the County Lake Ida Park could be politically possible. If there was a direct link from the bridge to the Delray Tri Rail station, it would be a small project the MPO would fund. There was also an understanding that the tunneling under the road could be funded by FDOT because it was a piggyback on the overall $66 million interchange to park cars at Florida Atlantic University's empty stadium. It would be a future funding source. Commissioner Fitzpatrick argued the refusal to purchase the parcel would be throwing away $2 million in gas tax money to be spent in Boynton Beach rather than other municipalities. He reiterated that 97% of the funding to develop the park would not come from the citizens of Boynton Beach. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor called for a vote on the motion to approve acceptance of Lake Ida deed from Palm Beach County. Vote The motion failed 2 -3 (Mayor Taylor and Commissioners Merker and McCray dissenting). Commissioner Fitzpatrick called for a roll call vote. Mayor Taylor - No Vice Mayor Casello - Yes Commissioner Merker - No Commissioner McCray - No Commissioner Fitzpatrick - No Vote FEBRUARY 17, 2015 The vote was 1 -4 (Mayor Taylor and Commissioners Merker, McCray and Fitzpatrick dissenting). C. PROPOSED RESOLUTION NO. R15 -020 - Establish Administrative and Procurement procedures related to "Public- Private Partnerships consistent with Section 287.05712, Florida Statutes and establishing procedures for processing unsolicited proposals. D. Approve the minutes from the Special and Regular City Commission meetings held on February 3, 2015 E. Approve the extensions for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for February 17, 2015 - "Request for Extensions and /or Piggybacks ". F. Request cancellation of RFP #002 - 2411- 15 /JMA, "Interactive Voice Response System for the Development Department" and staff will re- advertise. G. Approve issuance of purchase order in the amount of $29,854.95 to Allied Aluminum and Railing for the purpose of repair and modification to fencing at Hester Center based on three (3) written quotes. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion FEBRUARY 17, 2015 Vice Mayor Casello recalled the budgeted amount was $25,000 and the cost is $29,854 that is $7,800 more than budgeted. He was not in favor of taking the money out of other accounts as suggested. Mr. Livergood, Director of Public Works and Engineering, explained the money would come from other projects that were coming in under budget. A majority of the capital projects would be completed by the end of the year and there are sufficient monies to complete the work. Vice Mayor Casello thought the repair should be put on hold until the money is actually available. Mayor Taylor pointed out the fence is in bad disrepair right now and there have been several complaints. Vice Mayor Casello pointed out there are several parks in disrepair too. Commissioner McCray suggested votes were being traded and Vice Mayor Casello resented the implication and wanted a retraction. Commissioner McCray continued that the fence was located at the Hester Center. It had been agreed the fence would be fixed. It was now being held up because the budgeted amount is less than the repairs. He represented the Hester Center and the citizens of Boynton. Commissioner McCray moved to approve the purchase order to repair the fence. Commissioner Merker seconded the motion. Vice Mayor Casello did not understand how the Commission could vote to fund the repairs when the money was not fully budgeted. Vote The motion passed 3 -2 (Vice Mayor Casello and Commissioner Fitzpatrick dissenting). H. Approve issuance of purchase order to Premier Printing Solutions of Coral Gables, FL for the printing and mailing of the City's annual report and calendar for an amount not to exceed $30,750. The award is based on three (3) written quotes. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid No. 025 - 2821- 15 /JMA to Brenntag Mid - South Inc. of Orlando, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $165,000. This product will be ordered on an As Needed" basis. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 17 FEBRUARY 17, 2015 Commissioner McCray moved to approve the bid award. Commissioner Merker seconded the motion. 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Major Site Plan Modification request (MSPM 15 -001) to construct a four (4) story, 24,000 square foot mixed use building with medical use on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors, and related site improvements. Applicant: James Comparato, Compson Associates Group, Inc. Attorney Cherof explained it was quasi - judicial proceedings and he administered an oath to all those intending to testify. Attorney Cherof inquired of the applicant if there was any objection to combining the quasi - judicial and the two items. Bradley Miller of Miller Land Planning Consultants was representing Compson Associates Group on Items 9.A and B. The applicant would prefer to combine the items for hearing. B. Approve Master Plan Modification request to Boynton Village & Town Center (MPMD 15 -001) to amend a 0.42 -acre portion of SMU Parcel #5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical use on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. Applicant: James Comparato, Compson Associates Group, Inc. Mr. Miller explained the request was for a modification of the Master Plan and Site Plan for part of the SMU of Boynton Village and Town Center. It was for a four -story mixed use building. The applicant agreed with the staff report and conditions of approval. Vice Mayor Casello disclosed he had spoken with Mr. Comparato and asked Mr. Comparato about his involvement in the project and he acknowledged it was a simple build and turn the key over arrangement. Lee Yaffe, operator, residing at 6075 Via MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 17, 2015 Crystalle in Delray, was administered an oath. He had been in the business for over three years. Commissioner McCray disclosed he had spoken with Mr. Comparato as well. Mayor Taylor had met with Mr. Comparato. Mr. Yaffe advised he had been operating a treatment program and the ancillary businesses. Vice Mayor Casello inquired if a license was required to operate the facility. Mr. Yaffe replied the clinical treatment programs were licensed through the Department of Children and Families. Health care clinics are regulated through the Agency of Health Care Administration. They are licensed through the State. The first floor would be used for medical offices and the second floor would include a secure treatment center. The two top floors would have eight units. Mr. Yaffe advised the total occupancy would be 25 to 30 people. There would be staff around the clock and the units secured, including cameras for a controlled environment. Commissioner Fitzpatrick indicated the project could be a model for future sober homes. Mr. Yaffe agreed. Commissioner Fitzpatrick understood once substance abuse begins, emotional development ceases. It takes several years to heal the emotional aspects after the addiction is treated. Mr. Yaffe agreed it became complicated and substance abuse can be a secondary issue. It is a life long struggle Commissioner Merker felt the plan was good for the future of the City, County and State and was helping people with caregivers available. It would be operated as a business. The facilities should not be feared by the residents. He applauded Mr. Comparato for the desire to help people. Commissioner Fitzpatrick pointed out there is a facility called the Water Shed that has been operating for 10 years and has 132 units. This was a smaller version and he did not see any problems with the plans. Motion Commissioner Merker moved to approve Item 9.A. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion FEBRUARY 17, 2015 Commissioner Merker moved to approve Item 9.B. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Motion C. PROPOSED ORDINANCE NO. 15 -003 - FIRST READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II; Chapter 3, Article V; Table 2 -1 Applications by City Departments; and Table 3 -28 Use Matrix Nancy Byrne, Development Director, added a local business owner of Hurricane Alley had purchased a mobile vending unit and requested the opportunity to park the vehicle on a daily basis. It is not covered by the current Ordinance. Ms. Byrne requested to add a daily parking regulation on private sites and possibly public sites. The vehicle would leave each night and come back the next morning. It was hoped to be parked in the downtown corridor and in close proximity to the main restaurant. There was the potential to park on the City Hall site or a City park and doing a concession agreement with the City. There should be a limited number of permits or sites or it could be a concession agreement situation viewed through the site plan process for parking and impact on the site. There could also be a lottery type award. Ms. Byrne felt many vendors may be interested. Commissioner McCray wanted an explanation of the liability if the trucks were parked on City property. Ms. Byrne advised Risk Management would obtain all the required forms to hold the City harmless. Commissioner Merker asked if allowing a vendor on City property would open a pandora's box. Ms. Byrne did not disagree. The easier route would be a trial period and allow the private sector to address the issues. Commissioner Merker suggested the matter be tabled for further discussion. Ms. Byrne advised there were other changes in the Ordinance. Attorney Cherof read Proposed Ordinance No. 15 -003 by title only, on first reading. Vice Mayor Casello moved to approve the Ordinance, but come back with amendments for the second reading. Commissioner Fitzpatrick seconded the motion. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote Motion City Clerk Prainito called the roll. The vote was 3 -2 (Commissioners Merker and McCray dissenting). Commissioner Merker wanted to gather further information 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL Motion FEBRUARY 17, 2015 A. PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC HEARING Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In- Patient) to allow medical uses that provide 24 -hour services or treatment. Attorney Cherof read Proposed Ordinance No. 15 -002 by title only, on second reading. Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Attorney Cherof indicated there had been numerous questions regarding the language in the amendment and request for meetings with staff. Both the Planning and Legal staff would recommend the matter be tabled on second reading so any additional comments could be reported. Mayor Taylor had attended the Planning and Zoning Board meeting and staff recommended the change be in C -3 areas only. The Planning and Zoning Board suggested the amendments include C -2 and C -1 areas. Mayor Taylor wanted to limit the change to only C -3 zoning and expand it after a test period. Vice Mayor Casello concurred and pointed out there would be 26 areas that would allow the facilities. Reasonable accommodations have been made without expanding the area beyond C -3. Vice Mayor Casello moved to table the matter. Commissioner McCray rescinded his earlier motion to approve. Commissioner McCray seconded the motion to table. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion B. PROPOSED ORDINANCE NO. 15 -004 - FIRST READING - Approve amendments to the Land Development Regulations to decrease parking standards for hotels to more closely match actual demand, which minimizes construction of unnecessary parking areas, reduces impervious surfaces, and lowers project costs. Commissioner McCray moved to approve Proposed Ordinance No. 15 -004 on first reading. Vice Mayor Casello seconded the motion. Vice Mayor Casello inquired if the change would be limited to motels and hotels. Ed Breese, Senior Planner, concurred. It would absolutely not include residential development. Vice Mayor Casello asked if there were any proposals that would benefit from the change. Mr. Breese indicated there was one in Quantum Park that would allow six fewer parking spaces with more green area and landscaping. Commissioner Merker questioned if the regulation would apply to the hotel being built in Leisureville and Mr. Breese advised it would not apply because there are no two bedroom hotel rooms proposed for the hotel. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion FEBRUARY 17, 2015 C. PROPOSED ORDINANCE NO. 15 -005 - FIRST READING - Approve amendments to the Land Development Regulations to allow sign standards to be based on the commercial use within the M -1 Zoning District, and to increase flexibility for modifying a non - conforming sign at a shopping center to promote economic development and aesthetics. Attorney Cherof read Proposed Ordinance No. 15 -005 by title only, on first reading. Commissioner McCray moved to approve the Ordinance on first reading. Commissioner Merker seconded the motion. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion FEBRUARY 17, 2015 D. PROPOSED ORDINANCE NO. 15 -006 - FIRST READING - Approve amendments to the Land Development Regulations to support the continued implementation of the Downtown Transit Oriented Development (TOD) overlay standards, including provisions for a 25% density bonus for selected future land use classifications. Attorney Cherof read Proposed Ordinance No. 15 -006 by title only, on first reading. Commissioner Fitzpatrick moved to approve the Ordinance on first reading. Vice Mayor Casello seconded the motion. Vice Mayor Casello inquired if the proposed project would be in a high hazard area for a category five storm. Mr. Rumpf indicated the boundaries for the transit area would include all the coastal areas and concentrated on the downtown. Vice Mayor Casello pointed out there was a policy that densities could not be increased in the coastal high hazard area that would increase evacuation times above the 16 hour level of service for out of county hurricane evacuation. Mr. Rumpf agreed each project would be reviewed against the standard. Staff would confirm with the County's Emergency Evacuation Office for proper compliance with the standard. It would be done on a project -to- project basis rather than the current planning stage. It was tied to the capacity of the shelter space in Palm Beach County. Vice Mayor Casello noted the City has no in -house capability to measure the standard and estimate the impact of development on evacuation times. Mr. Rumpf advised coordination with the County was required. There was discussion on the maps and their significance to the Comprehensive Plan and future redevelopment plans. Vote City Clerk Prainito called the roll. The vote was 5 -1. E. PROPOSED ORDINANCE NO. 15 -007 - FIRST READING - Approve Ordinance creating Boynton Beach's Civil Rights Act. Attorney Cherof read Proposed Ordinance No. 15 -007 by title only, on first reading. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vice Mayor Casello moved to approve Proposed Ordinance No. 15 -007. Commissioner Merker seconded the motion. Mayor Taylor indicated he would be voting against the Ordinance. It was requested by the Human Rights Council. He did not feel the Commission should be policy police for businesses. Dictating that businesses have to comply with the City's policy would be discriminating. Commissioner Merker contended it was equal rights and the City should set an example that people are created equal. It is for all people. Attorney Cherof indicated the issue was addressed in the revised agenda cover sheet. The Ordinance would not compel any business within the City to do anything other than recognize there are Federal, State and County laws that prohibit discrimination. It does provide the citizens with recognition of the fundamental rights under State, Federal and County law and there are recourses available if individual rights are violated through the Equal Opportunity Relations Commission, Florida Commission on Human Relations or the Palm Beach County Office of Equal Opportunity. Vote City Clerk Prainito called the roll. The vote was 5 -0. F. PROPOSED ORDINANCE NO. 15 -008 - FIRST READING: FEBRUARY 17, 2015 1) Amend Section 18 -55 - Definition of Annual Earnings to clarify the exclusions of pay per Florida Statutes 112.66(11); and 2) Amend Section 18 -82 - Re- Employment to allow for the purchase of prior city service on a full actuarial basis after one year of reemployment by the City. Attorney Cherof read Proposed Ordinance No. 15 -008 by title only, on first reading. Motion Vice Mayor Casello moved to approve Ordinance No. 15 -008. Vice Mayor Casello inquired if the change reflects State mandated language. Ms. LaVerriere agreed it was a correction to allow prior accruals up to June of 2013 to be allowed and after that date not allowed. Attorney Cherof advised it was not a correction, rather a clarification for those who administer the pension plans and were confused with the prior approval. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5 -0. G. Consider options for future administration and maintenance of the Quantum Park Overlay Dependent District including the following: 1. Continue current operations whereby future administrative actions and vision of the District are overseen by the existing Board of Supervisors and their elected successors. 2. Remove and reappoint the Board of Supervisors thus injecting new leadership and vision. 3. Dissolve the Quantum Park Overlay Dependent District and assume all debt and common ground maintenance. (STAFF REQUESTS ITEM TO BE TABLED UNTIL MARCH 2, 2015) 14. FUTURE AGENDA ITEMS FEBRUARY 17, 2015 A. Update from Treasure Coast Regional Planning Council on options for Town Square project - 3/2/15 Commissioner McCray suggested the appointment of a new Vice Mayor should be added to Future Agenda Items. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:22 p.m. (Continued on next page.) 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: et M. Prainito, MMC City Clerk dith A. Pyle, CM eputy City Clerk 25 CITY OF BOYNTON BEACH FEBRUARY 17, 2015 David T. Merker, Commissioner "M" miss• J , Michael M. Fitzpatri! Commissioner DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 15 -001) APPLICANT'S AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT'S ADDRESS: 508 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2015 TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center development to amend a 0.42 -acre portion of SMU Parcel #5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical uses on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road 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: 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 Applica '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: City Clerk S:1Plar, ring \S HARE DIWPIPRO.;ECTS1Boynton Village & Town CenterWaster Plans\MPMD 15- 00100.doc Page 203 of 350 Exhibit C CONDITIONS OF APPROVAL Project Name: Boynton Village & Town Center File number: MPMD 15 -001 Reference: 3` review plans identified as a Master Plan Modification with an January 12, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. X 2. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. X COMMUNITY REDEVELOPMENT AGENCY Page 201 of 350 Boynton Village & Town Center (MPMD 15 -001) Conditions of Approval Paae2of2 DEPARTMENTS INCLUDE I REJECT Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. SAPlanning%SHAR EDIWPIPROJECTS\Boynton Village & Town Center\Master PlanW1PMD 15- 0011COA after P &D.doc Page 202 of 350 s Te Congress Avn. __ Site Up N-RESS AVCNU5 ARCHITECTS ILA1117,RS wo ............. ... MSD Site Location Map I EA GPNAI MASTER PLAN ARCHITECTS PLANNI RS o Lra cz MP • ll ! • 062.525 250 37�., 500 of App Exhibit C CONDITIONS OF APPROVAL Project Name: Boynton Village & Town Center File number: MPMD 15 -001 Reference: 3` review plans identified as a Master Plan Modification with an January 12, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. X 2. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. X COMMUNITY REDEVELOPMENT AGENCY Page 201 of 350 Boynton Village & Town Center (MPMD 15 -001) Conditions of Approval Paae2of2 DEPARTMENTS INCLUDE I REJECT Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. SAPlanning%SHAR EDIWPIPROJECTS\Boynton Village & Town Center\Master PlanW1PMD 15- 0011COA after P &D.doc Page 202 of 350 s Te Congress Avn. __ Site Up N-RESS AVCNU5 ARCHITECTS ILA1117,RS wo ............. ... MSD Site Location Map I EA GPNAI MASTER PLAN ARCHITECTS PLANNI RS o Lra cz MP • ll ! • 062.525 250 37�., 500 of App DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MSPM 15 -001) APPLICANT'S AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT'S ADDRESS: 508 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2015 TYPE OF RELIEF SOUGHT: Major Site Plan Modification to the Boynton Village & Town Center development to amend a 0.42 -acre portion of SMU Parcel #5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical uses on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road 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: 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 SAS 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 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 and conditions of this order. 7. Other DATED: ,l City Clerk S: \Planning \SHARED \wP \PROJECTS \Boynton Village & Town Center\Master Plans \MSPM 15 -001 \DO.doc Page 191 of 350 Exhibit C CONDITIONS OF APPROVAL Project Name: Boynton Village & Town Center File number: MSPM 15 -001 Reference: 3� review plans identified as a Maior Site Plan Modification with an January 12, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The Landscape Architect should tabulate the total diameter inches of existing trees on the site proposed to be preserved in place, relocated or removed and replaced [diameter inches] on the site. X The replacement trees should be shown by a separate symbol on the formal landscape plan sheet. 2. All shade trees must be listed in the plant schedule as a minimum of 4" caliper, measured at 6" off of the ground. The height of the trees X may be larger than 12' -14' to meet the 4" caliper requirement. 3. Please verify the roof line, balconies, etc. will not interfere with the mature growth size of all trees and palms. X 4. At time of permit submittal, please provide an Irrigation Plan following the Florida Friendly - Waterwise principles using water saving components and depict turf and landscape components on X different zones and time duration. Also, trees should have separate irrigation bubblers to provide water directly to the root ball. FIRE Comments. 5. Please schedule a water flow test with Gina Morency of the Fire & Life Safety Division of the Fire Rescue Department at 561- 742 -6600. This is required to in order to determine adequate water supply and X fire flow, and shall be conducted before construction begins. POLICE Comments: None, all previous comments addressed. BUILDING DIVISION Comments: None, all previous comments addressed. PARKS AND RECREATION Page 188 of 350 Boynton Village & Town Center (MSPM 15 -001) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT Comments: 6. The Recreation Impact Fee for the eight (8) apartments is based upon $595 per dwelling, for a total of $4,760. X PLANNING AND ZONING Comments: 7. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05 -004 and an affidavit provided to the City X Clerk. 8. The fence and wall appear to encroach into existing utility easements. Please provide utility easement consent forms from all utility providers or relocate the proposed improvements outside the X easements. 9. Please note that approval of this Major Site Plan Modification application is subject to approval of the companion application for X Master Plan Modification. 10. Application is understood to propose one or more uses to provide in- patient medical care for substance abuse treatment, which is not an allowed use by current Zoning Regulations. Prior to issuance of permits, application must be modified to comply with Zoning X Regulations, or approval justified and achieved through the Reasonable Accommodation process. 11. At time of permitting, please revise the site plan, landscape plan and all other appropriate plans to depict location of required public art. It is recommended you coordinate this effort with Debby Coles - Dobay, X Public Arts Administrator (561- 742 - 6026). I 12. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None Page 189 of 350 Boynton Village & Town Center (MSPM 15 -001) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED\WP \PROJECTS \Boynton Village & Town CenterWaster Plan \,V.SPM 15 -001 \Staff COA after P &D.doc Page 190 of 350 7 1 ARCHITECTS Z O a �D M z W O O ry) A202 FOURTH FLOOR PLAN SECOND FLOOR PLAN a,000s , GROUND FLOOR PLAN ARCHITECTS X b A201 weir I N loll loll cz PON HIM aam (D 41 40 M� 2 MI. I M- ARCHITECTS N NT' RS w 0 v) A401 Q SOUTH ELEVATION ; WEST EL emu, a am O�W,__ - ------------------ i NORTH ELEVATION I � , r 1 9 — it � l77 IMT ar .1,. r' .�'� ��� � mi l•= .' -� ks ' �' s I / n , - ------------------ -------- TM : T ..... : K SCHNARri ! CDMPSDN A SSOCIATE S �G RDUP, IN C. MIXE um BUILDI PRELIMINARY NARY SITE ENGINEERING PLAN ENGIN NG CO NP a PATION - �� I BDYNTDNVILLAGE BOLA RATON, FLIXfIOA 7]U] BOYNTONBEAON FLORIDA 11 Cotieur Hearing 0 LL r m C O 0 Q4 m emNr us r u . . ............................ 7 =M� M: LANDSCAPE DATA - 14' LwLdsca Plan Scale: V = 10' North —Li � 2 $ DOMAIN NO.Pi It A,wo u> j K mcaligg" Lamommi El SP-1 SITE PLAN BUILDING DATA; SITE PARKING DATA: LOCATION MAP SP-1 • ! ' 062.525 250 37�- 500 mr�m A §t1 of