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Minutes 03-02-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 2, 1999 PRESENT Gerald "Jerry Taylor", Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Interim City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS Call to Order- Mayor Jerry Taylor Invocation - Reverend Randall Gill, First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:39 p.m. The Reverend Randall Gill gave the invocation, which was followed by the Pledge of Allegiance to the Flag led by Vice Mayor Jaskiewicz. D. Agenda Approval: 1. Additions, Deletions, Corrections Under Consent, Vice Mayor Jaskiewicz requested the addition of Item C.6, Proposed Resolution No. 99-29. Under New Business, Vice Mayor Jaskiewicz requested the addition of Item X. B., Cemetery Improvements. Under New Business Commissioner Titcomb requested the addition of Item X.C, discussion on Teen Center for the downtown area. Under Unfinished Business, Commissioner Titcomb requested the addition of Item XII.2, the Boynton G.A.L.A. and concerns of the Chamber of Commerce. Commissioner Denahan requested that Items E (a) and E (b) be removed from the Consent Agenda for discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 2. Adoption Mayor Pro Tem Tillman moved to approve the agenda, as amended. Titcomb seconded the motion that carried unanimously. II. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Commissioner Length of Term Board Expiration Date IV Tillman I Titcomb Tillman IT! ]askiewicz* Mayor Taylor* 11 Denahan* IV Tillman Mayor Taylor I[ Denahan Mayor Taylor IV Tillman* Adv. Bd. On Children & Youth Stu/Reg 1 yr term to 4/99 Adv. Bd. on Children & Youth Alt I yr term to 4/99 Bldg. Bd. Of Adjustment & Appeals Alt i yr term to 4/99 Code Compliance Board Alt 1 yr term to 9/99 Cemetery Board Alt I yr term to 4/99 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Reg 3 yr term to 4/00 Community Relations Board Alt 1 yr term to 4/99 Education Advisory Board Alt i yr term to 4/99 Recreation & Parks Board Alt i yr term to 4/99 Recreation & Parks Board Alt I yr term to 4/99 TABLED-2 TABLED-2 TABLED-3 TABLED-3 TABLED-3 TABLED-2 TABLED-2 TABLED-3 Mayor Taylor asked if any Commissioner had any appointments they wished to make. Hearing none, Mayor Taylor called for a motion to table the open appointments. Motion Mayor Pro Tem Tillman moved to table the open appointments. Commissioner Titcomb seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Taylor made the following announcements: "Breakfast in Boynton" & Green Market - March 6th from 8:00 a.m. to 11:30 a.m. - Veterans Park Community Caring Center Choir Concert - St. Thomas More Church on Military Trail & Woolbright Road - Sunday, March 7, 1999 @ 4:00 p.m. Community Redevelopment Agency Meeting - Monday, March 8th @ 6:30 p.m. in West Wing - Conference Room "C" MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Neighborhood Summit- Monday, March 8th ~ 7:00 p.m. - Library Program Room Special City Commission Meeting - Friday, March 12, 1999 @ 5:00 p.m. regarding election matters B. Presentations: 1. Proclamations: Mayor Taylor stated he had a Proclamation declaring March 7 through 13, 1999 as CommUnity Caring Center Week. Mayor Taylor requested that the recipients of the Proclamation take the podium to accept the Proclamation. Mayor Taylor read the Proclamation. The President of the Community Caring Center accepted the Proclamation and thanked the citizens of Boynton Beach for their support. Everyone was urged to attend the choir festival at St. Thomas More's Church at 4:00 p.m. on Sunday, March 7, 1999. It was noted that Mayor Taylor would be present at the festival on Sunday to present the Proclamation again. Presentation of Certificates in. recognition of Black Awareness Events - Mayor Taylor, Mayor Pro Tem Tillman and Melody Green Mayor Taylor requested that Mayor Pro Tem Tillman and Ms. Melody Green, Recreation Superintendent join him in handing out the Certificates. Ms. Green introduced Ms. Debbie Majors, Special Event Coordinator and City Liaison for all the Black Awareness Events. Ms. Green stated there were Certificates and Plaques to recognize the Chairpersons and Committee Members of the Events. Ms. Green stated that Lena Rahming has been involved in Black Awareness Events for many years and was unable to present this evening. Ms. Green advised the audience that Ms. Rahming was the Honorary Chairperson and asked the audience to join her in a round of applause in appreciation for Ms. Rahming's fine efforts. Certificates and Awards were presented to the following: Coronation Court Carolyn Sims, Chairperson Angie Sims Mary Jones Corrine Robinson Meguill Odom MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Shirley Meeks Mildred Walker Youth Luncheon Ods Walker, Chairperson Dorothy Walker Stephanie Mingo-McKoy Educational Activities Steve Waldman, Chairperson Eddie Mitchell Ms. Sara Williams; Conducting the Spelling Bee and Oratorical Contest Organizer; Mayor Taylor recognized Melody Green in appreciation for coordinating the first African/American Art Display A.D. Henehan Angela Girtman Sam Kendrick Mr. Waldman handed out Certificates to the Judges of the Contest as follows: David Fellows Vice Mayor Shirley Jaskiewicz Judith Asbury Mr. Waldman also presented Certificates to the After-School Programs that participated in the contests: BoYnton Beach Latch Key After-School Program Ezell Hester, Jr. Community Center After-School Program Boynton Beach Childcare Center Treasurer Chest Learning Center Ms. Green read the names of the City Support Staff who assisted in producing the special events (the list of names are attached to the minutes). Ms. Green introduced Sara Williams to the Commission and audience. Ms. Williams presented awards to the winners of the spelling bee: Ms Sasha Arutunova, 3rd place; Lindsay LeFrance, 2nd place and participants Marcus Green Hatcher, Byron Smith, Tamara Hatcher, Amanda Row, Ashley Porter and Jillian Stempler. Ms. Williams thanked all the participants and the parents who assisted their children. Ms. Williams announced the winner of the 1999 Black Awareness Day Spelling was Ms. Victoria Frazier. Ms Williams stated that Victoria had already received her Certificate and trophy. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Awards were presented to the Judges as follows: Dr. Jake Sello, Palm Beach County District Schools South Area Superintendent, Mr. Oris Walker, Ms. Jane Jackson, and Barbara Wilson. Ms. Green stated there were two other Chair people to recognize, Mr. Tom Williams, Chairman of the Black Awareness Day Reception, and Mr. Frank Ireland, Chairman of the Parade Committee. Ms. Green also read the names of Committee Members who were recipients of Certificates, but were unable to be present this evening (the list of names is attached to the minutes). Ms. Green also thanked Ms. Debbie Majors, Special Events Coordinator and her special event team, as well as everyone who participated in this event. Ms. Green paid special recognition to Ms. Majors for her considerable contributions in making the Black Awareness events and all other special events a tremendous success. Ms. Green said that Ms. Majors has done an outstanding job and Ms. Majors was presented with a bouquet of flowers. Ms. Majors thanked her staff for their assistance and their hard work and dedication. IV. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Joint City Commission/Chamber of Commerce Workshop Meeting of February 8, 1999 2. Special City Commission Meeting of February 10, 1999 Bids-Recommend Approval-All expenditures are approved in the 1998-99 Adopted Budget Renew the bid for "CITY OF BOYNTON BEACH - NEIGHBORHOOD SIGNS" to Jeff Industries, Inc. with an estimated annual expenditure of $6,000 Award the bid for "PURCHASE OF TVVO (2) NEW AND UNUSED 20 FT. REAR STEER KNUCKLEBOOM REFUSE COLLECTION VEHICLES" to Petersen Industries, in the amount of $193,800 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 C. Resolutions: Proposed Resolution No. R99-24 Re: Authorizing the Mayor and City Clerk to execute a Letter of Agreement with Camp, Dresser and McKee (CDM) to provide expert witness testimony in conjunction with the acquisition of Pond "B" Proposed Resolution No. R99-25 Re: Approving a Joint Participation Agreement with the State of Florida Department of Transportation (FDOT) for work related to the City's Downtown Regional Stormwater Project, Phase I Proposed Resolution No. R99-26 Authorizing the approval for a sole source procurement from Motorola Communications & Electronics, Inc., and authorizing the City of Boynton Beach to commence negotiations for an 800 MHz trunked simulcast radio system Proposed Resolution No. R99-27 Re: Approving a contract with J&H/Marsh McClennon Inc. (Sedgwick of Florida, Inc.) to serve as insurance consultant for studying the feasibility of establishing a self-insurance program for the health insurance benefits program for City employees (Consulting contract cost not to exceed $18,000) Item C.4 removed from the Consent Agenda at the request of the City Attorney for correction to be placed on the Agenda for the next meeting. 5. Proposed Resolution No. R99-28 Re: Approval of Interim City Manager contract Vice Mayor Jaskiewicz requested the addition of Proposed Resolution No. R99-29, as Item C.6. Vice Mayor Jaskiewicz stated approximately one month ago she attended a meeting of the Palm Beach County League of Cities and on the agenda was an item that concerned the City of Boynton Beach. The item in question was the possible creation of an MSTU to cover the cost of the Palm Beach County Sheriff's Office charges. Vice Mayor Jaskiewicz stated that the County has experienced dramatic growth in the last 15 years and a considerable amount of this growth has taken place in the unincorporated areas of the County. The County now has been forced to provide a level of service similar to those being provided in municipalities. Vice Mayor Jaskiewicz stated that the residents in the municipalities are directly subsidizing the unincorporated areas. The County has acknowledged this injustice and MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 has tried to utilize the revenues from unincorporated areas to offset the cost of some of the services. However, there is a substantial shortfall. The League of Cities is doing a study to determine how much it is costing a municipality, Such as Boynton Beach to subsidize these services. Vice Mayor Jaskiewicz stated that it was not an equitable tax as far as the cities are concerned. Vice Mayor Jaskiewicz stated she appeared before the Board of County Commissioners today urging the County Commission to pursue a study to determine how the fees effect the municipalities and if they are equitable. Vice Mayor Jaskiewicz stated this could amount to a great deal of money and the unincorporated areas would have to assume more of the cost than they currently are. Vice Mayor Jaskiewicz stated that the City residents are paying more than 50% of their current tax bill for public safety, and Vice Mayor Jaskiewicz inquired why these costs should be duplicated for services that the City is not receiving. Vice Mayor Jaskiewicz proposed that this Commission adopt a Resolution to present to the County Commission and send a copy of the Resolution to all incorporated cities urging them for their support. Vice Mayor Jaskiewicz read proposed Resolution R99-29 in its entirety, the Title of which is cited in Item 6, below. 6. Proposed Resolution No. R99-29: Adoption of a Resolution of the City of Boynton Beach to proceed with a Municipal Service Taxing Unit (MSTU'S) Study, to determine costs of services for unincorporated areas; that a tax equalization study group be jointly appointed by Palm Beach County and the Municipal League for refinement of the Data; and providing an effective date. Vice Mayor Jaskiewicz stated that the Board of County Commissioners has suggested that the League study the issue further and referred to a 1982 decision that was appealed to the high court and the court ruled in favor of the counties. Vice Mayor Jaskiewicz urged that the City Commission approve the Resolution. Motion Vice Mayor Jaskiewicz moved that Resolution No. R99-29 be presented to all municipalities in the Counties and to the Board of County Commissioners. Mayor Pro Tem Tillman seconded the motion. Commissioner Titcomb stated he attended the County Commission meeting on behalf of the League of Cities today and the Commission on a vote of 6-0 voted down the issue. The County is continuing to adhere to the Supreme Court's decision. The County did suggest that the League of Cities conduct a study of this nature and also suggested that the League contact the Sheriff's Office in order to obtain the data that is necessary. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, '1999 Motion carried unanimously. Mayor Taylor requested that addition of Proposed Resolution No. R99-30, as Item C.7. Mayor Taylor stated the Resolution is to support the County's Bond Referendum and read proposed Resolution No. 99-30 by title only, as follows: A Resolution of the City Commission of the City of Boynton Beach, Florida, supporting Palm Beach County's Bond Referendum for issuance of general obligation bonds for the implementation of a land acquisition program for conservation purposes by financing the acquisition of, and, in specific instances, the cost of certain capital improvements to, environmentally sensitive lands, land for water resources, greenways, agricultural lands, and open space, not exceeding $150,000,000; providing for distribution; and providing an effective date. Mayor Taylor stated that the Resolution supports the Bond Referendum on the March 9th ballot and requested it be added to the consent agenda. Commissioner Titcomb inquired if the Resolution includes the $25 million cultural/recreational bond. Mayor Taylor stated that was a separate Bond. Mayor Taylor asked for a motion to amend the Agenda to consider Proposed Resolution R99-30. Motion Vice Mayor Jaskiewicz moved to amend the Agenda to include Proposed Resolution R99-30. Motion seconded by Commissioner Denahan. Motion unanimously carried. Mayor Taylor requested that Proposed Resolution R99-30 be placed on the Consent Agenda as Item C.7. o Proposed Resolution No. R99-30 Re: Approval to supporting Palm Beach County's Bond Referendum for issuance of general obligation bonds for the implementation of a land acquisition program for conservation purposes not exceeding $150,000,000. D. Ratification of Planning & Development Board Action: Quantum Park PID DRIA - Quantum Associates - (Quantum Corporate Park) - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Change the master plan land use designation of Lot 2 from office/industrial to office/industrial hotel use; Lots 66, 67-A and 67-C from office/industrial/hotel to office/industrial/commercial use; Lots 76, 81 and 82 from office/industrial/commercial to office/industrial use; and Lots 83, 84, 85, 86, 87 and 88 from office/industrial to office/industrial/amusement and recreation (AR) use Coiltronics, Inc. - Sam Pinson, Rhon-Ernest-Jones - (Lot 15, Quantum Corporate Park north of Gateway Boulevard and west of Quantum Boulevard) - Request for approval to construct a 35,562 square foot, two-story office/warehouse building and associated parking on 2.56 acres Riverwalk Plaza - Lee Starkey - (1606 S. Federal Highway) - Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain linked fence along the south property line in lieu of the required 6' high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district E. Ratification of Code Compliance Board action: Reduce the fine in Case #96-3358 - 2431 NE Ist Lane (Lowrie C. & Deloris S. Simon, Property Owners) from $3,000 plus $826.18 administrative costs to $250 At the request of Commissioner Denahan, Item E.a. was removed from the Consent Agenda for discussion Reduce the fine in Case #93-1367 - 406 NW 7th Avenue (L.L. & Ella Lester, Property Owners) from $3,375 to $1,000 At the request of Commissioner Denahan, Item E.b. was removed from the Consent Agenda for discussion. Approve AR99 software/hardware purchase from Sensus Technologies, Inc., in the amount of $41,900 for system upgrades and improvements Approve expenditure of $3,036 from the Law Enforcement Trust Fund for "Kids in Distress" Approve payment for contractual technical personnel from TEK Systems Inc. of 1000 Northwest 56th Street, Suite 300, Fort Lauderdale, Florida, by utilizing a State of Florida SNAPS agreement and authorizing a blanket purchase order not to exceed $45,000 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, '1999 Authorize execution of the options for ParcSoft League Scheduling and Facilities Reservation software, training, support and services on the contract previously approved on Resolution R97-152 with H.T.E. Inc. of Lake Mary, Florida and authorization for payment in the amount of $39,000 Authorize the City Attorney to draft an agreement with the Boynton Cultural Centre, Inc. to formally define the partnership for the operation of the 1913 Schoolhouse Museum Approving the Street Resurfacing Program to Ranger Construction, a piggyback bid with the City of Port St. Lucie, in the amount of $198,705 Approve repayment schedule for Kerry Willis to reimburse City for 68% of the tuition to attend Harvard University Management Schooling from June 7-26, 1998 Approve purchase of end shelves for existing shelving at the Library from Newton Seating Company of Jacksonville, Florida, for the total amount of $13,860.50 Motion Commissioner Denahan moved to approve the Consent Agenda, as amended. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0. Mayor Taylor introduced the first item pulled from the Consent Agenda. B.a. Reduce the fine in Case #96-3358 - 2431 NE Deloris S. Simon, Property Owners) from administrative costs to $250. 1St Lane (Lowrie C. & $3,000 plus $826.18 Commissioner Denahan stated that the Commission regularly must consider lien reduction issues from the Code Compliance Board and acknowledged that the philosophy of the Commission is to bring properties into compliance. However, Commissioner Denahan would like assurances that people are not trying to take advantage of the process for lien reduction. Commissioner Denahan noted that Mr. Simon paid a $250 fee for a lien reduction, but Commissioner Denahan stated when she reads the minutes she looks at how the violator has approached the entire process. Commissioner Denahan noted that there were 120 days of non-compliance and it has been 12 months since the lien was placed on the property and now the violator is coming to the City for a lien reduction. Commissioner Denahan stated Mr. Simon did not appear at the initial code meeting and ignored the City process. Commissioner Denahan stated compliance is the primary ]0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 goal, but it is not the only goal. One of the goals is to achieve compliance within a timely manner. Commissioner Denahan felt that by continuing to reduce the liens, the City is taking away the teeth of the Code Compliance Office and Board. Commissioner Denahan stated she wanted to be proactive in getting timely compliance. Commissioner Denahan stated that the violator should at least have to pay the $826.16 for the administrative costs. Mr. Blasie had no comment. Vice Mayor Jaskiewicz said she read the case very carefully and that every case should be judged individually. Vice Mayor Jaskiewicz noted that Mr. Blasie does not bring every case to the Commission and it is the judgment of the Code Compliance Board that the problems this particular violator ensued during this period of time warranted the lien reduction and that Board's judgment should be trusted. Vice Mayor Jaskiewicz noted that the violator had to put in a driveway without any assistance from the City and this is an expensive procedure. Vice Mayor Jaskiewicz did not agree with Commissioner Denahan's assessment of the case. Mayor Taylor stated he understood Commissioner Denahan's frustration in these cases, but Mayor Taylor noted that the violator put money away each week until he could replace the asphalt driveway with a concrete driveway, which is a big improvement and looks a lot better. Therefore, Mayor Taylor felt the City has accomplished its goal and agreed with the Code Board's recommendation. Commissioner Denahan inquired if Mr. Simon was present this evening and he was in the audience. Mayor Pro Tem Tillman noted that the purpose of the Code- Compliance Ordinance was to get people to follow some type of course of direction and felt most of the time people want to comply, but are inundated by other matters. Mayor Pro Tem Tillman stated that the Code should be used to remind people what their obligations are and when people step past that direction and continue to ignore the Code, then punitive damages should be assessed. Mayor Pro Tem Tillman pointed out that often times people don't have the money and it takes time. Mayor Pro Tem Tillman also agreed with the Code Board's recommendation and said it was the right thing to do. Motion Vice Mayor Jaskiewicz moved to accept the recommendation of the Code Compliance Board in Case No. 96-3358. Motion seconded by Mayor Pro Tem Tillman. Motion carried 4-1 (Commissioner Denahan dissenting). Mayor Taylor introduced the second item pulled from the Consent Agenda: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 E.b. Reduce the fine in Case #93-1367 - 406 NW 7th Avenue (L.L. & Ella Lester, Property Owners) from $3,375 to $1,000. Commission Denahan reiterated her feelings that the violator did not meet compliance in a timely manner. Commissioner Denahan stated that the property owner did not appear to be concerned about the matter until he applied for a second mortgage on his home. Commissioner Denahan noted that the fine reduction did exceed administrative costs in this case. Mr. Blasie stated that he has dealt with Mr. Lester throughout the entire process and Mr. Blasie felt that the violator did not quite understand the mission of the Code Enforcement Department. Mr. Blasie concurred with Mayor Pro Tern Tillman and that staff assists people in meeting compliance. In this particular case, the violator relied on a contractor-friend to draw the plans and submit the permits and felt there was a lack of communication between the contractor and the violator. Mr. Blasie stated the violator appeared at the original hearing and pled no contest and asked for time, which he did not meet. Motion Mayor Pro Tem Tillman moved to accept the recommendation of the Code Compliance Board in Case No. 96-3358. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0. V. CITY MANAGER'S REPORT: Interim City Manager Hawkins stated he had several items to report. Interim City Manager Hawkins announced that on Friday, March 5, 1999, County Commission Chairperson Maude Ford Lee will be at the Hester Community Center to, address the public about the Recreation Bond Referendum and Chairperson Lee will be available at 6:00 p.m. on that date. The meeting is open to the public. Mayor Taylor wished to remind people that there are two Bond Referendums on the ballot. One is the $150 million bond for the Ag Reserve and the other is a $25 million bond issue for parks and recreation. In the recreation bond issue, the City of Boynton Beach would reap some substantial gains. The Referendum contains $1 million for the Children's Museum, $500,000 from Commissioner McCarty and $500,000 from Commissioner Newell. Also, Mayor Taylor stated there is an additional $500,000 for the Hester Center from Commissioner Lee. Interim City Manager stated that staff has prepared a recommendation on the hiring process for a new City Manager for the incoming Commission to consider. The components of the process are: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 · Utilizing an executive search firm; · Determining the method for selecting a City Manager; and · Establishing a time frame for the hiring process. Therefore, when the new Commission comes on board, staff will be ready to immediately move forward with a recommendation on how to handle the City Manager selection process. Interim City Manager Hawkins stated he wished to update the Commission on the All America City Award. Ms. Lula Butler of the City of Delray Beach was invited to speak last Wednesday evening to Boynton Beach on the application process and the necessary preparation to compete for the Award. Mr. Hawkins stated that it was an excellent presentation and provided valuable information. Mr. Hawkins asked Ms. Melody Green, Recreation Superintendent to give a brief summary on the key points given by Ms. Butler. Ms. Green stated that Delray Beach made three applications for the All America City Award and the first time Delray Beach applied, they did not make it as a finalist. Ms. Butler emphasized community involvement. Ms. Butler also suggested that the City send a team to the All America City awards, which are scheduled in June, as well as next year. Ms. Butler also volunteered to assist the City in writing its application for the year 2001, as well as any assistance the City may need. Ms. Butler gave copies of their applications for the City's use and the City is planning to research the applications of all the winners of the last five years to determine which projects in the City are the most critical to submit. Ms. Green said that the City has a great number of successful projects. Currently 15 people from the Community with three City staff members are working on the award and Ms. Green is the team leader. Ms. Green stated that the City could utilize up to 100 people and asked anyone that would be interested to please contact her. Interim City Manager Hawkins concluded his report VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Mr. Ed McJobian of Boca Raton took the podium and stated he had spoke before the Commission sometime ago with respect to the Adult Entertainment Ordinance. Mayor Taylor informed Mr. McJobian the matter is on the agenda. Mr. Sunny Garcia stated he was present this evening to determine if the Library could be made bigger or if additional computers could be added, since there are a great number of children having fights at the Library. Mr. Garcia asked if the Civic Center or the Old High School could be used as an addition to the Library. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Mayor Taylor informed Mr. Garcia that Commissioner Titcomb added the subject of a Teen Center to the agenda, which will be discussed later and will take up those issues. Mr. Nathaniel Grady of 105 NE 14th Avenue, Boynton Beach took the podium and stated that he was present this evening due to a lien on his property. Mayor Taylor informed Mr. Grady that this was a Code Compliance issue and asked Mr. Blasie to assist Mr. Grady. Mayor Taylor asked if anyone else wished to address the public audience. Hearing none, Mayor Taylor closed the public audience. VII. PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: Unisite at Quantum Park Andy Zitman Zitman & Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park Request approval to construct a 140' communication tower with antennas, equipment, and access road. (Postponed to March 2nd) Mr. Rumpf stated that the applicant requested that the item be postponed while the contract is still being negotiated with the City. Mr. Rumpf stated this is an additional postponement to the March 2nd postponement. Project: Agent: Owner: Location: Description: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrost Boulevard Request for approval for a day cato operation within an existing church (Postponed to March 2"8) Mayor Taylor stated that Item B. has been postponed to March 16th. Project: Agent: Location: Description: Private Members Only Club Robert Fetrow 1107-1109 North Federal Highway Request for approval to adaptively rouse an existing vacant building for a private club (Postponed to April Mayor Taylor stated that Item C. has been postponed to April 6th. ]4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Public Hearing on Proposed Ordinance No. O99-07 Re: Prohibiting operation of privately owned commercial parking structures in the Central Business District Mayor Taylor asked City Attorney to present Item D. City Attorney Cherof said this was not a second reading of the Ordinance, but is a Public Hearing. City Attorney Cherof read Proposed Ordinance 099-07 by title only. Mayor Taylor asked if anyone in the public wished to address the Ordinance. Hearing none, Mayor Taylor closed the public hearing. Motion Mayor Pre Tem Tillman moved to approve Proposed Ordinance O99-07. Motion seconded by Commissioner Denahan. Motion carried 5-0. Project: Agent: Contract Holder: Location: Description: 7-Eleven at Grove Plaza Donna West, Carnahan-Proctor and Associates, Inc. N. Kent Wilmering, Trustee Southeast corner of Hypoluxo Road and Lawrence Road; Parcel A of the proposed Grove Plaza subdivision Request approval for gas pump canopy fascia design and Development Order amendment to allow proposed height of 20 feet 4 inches Attorney Cherof stated that this is a quasi-judicial proceeding and anyone wishing to testify needs to be sworn in. Attorney Cherof requested when approaching the microphone to please state your name and your special qualifications, if any, when testifying. Attorney Cherof stated that the documents that are part of the agenda packet become part of the record automatically. If there are other documents you wish to enter into the record, they must be identified and a copy is to be left with the Clerk. Attorney Cherof administered the oath to all those who would testify. Mayor Taylor stated that the Applicant in the next case was requested to return before the Commission for approval of the fa(;ade and signage. Ms. Bonnie Miskel, the attorney representing 7-Eleven took the podium and stated the only item left open on the application was signage. Ms. Miskel presented an artist's rendering on the new signage, which also showed the decrease in the canopy elevation. The Commission requested that the canopy be lowered from 25' to 20' and noted the canopy has been lowered to 20'4". Ms. Miskel said that the only signage is a Citgo logo and small 7-Eleven striping on the sides. Ms. Miskel said there was no other signage. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Commissioner Denahan inquired on how many sides was the striping and was informed it was on two sides. There will be nothing on the front. Commissioner Titcomb inquired if there were any changes made to the building itself and was informed there were none. Motion Commissioner Denahan moved for approval for the gas pump canopy fascia design and Development Order amendment to allow proposed height of 20'4". Motion seconded by Commissioner Titcomb. Motion carried 4-1 (V/ce Mayor Jaskiewicz dissenting). viii. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Approve the Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings Commissioner Denahan stated that Mr. David Fellows, a member of the City's Education Advisory Board suggested this program after attending an event that was held during the holidays to recognize the firefighters and police of Palm Beach County. During the lunch at Bethesda Health City, students from Hagen Ranch Elementary School sang throughout the entire event. Mr. Fellows mentioned to Commissioner Denahan that it would be nice to have a duo or solo or small group sing a patriotic song at Commission meetings. Commissioner Denahan stated this reminded her of the barbershop quartet that had performed earlier in the summer and was very enjoyable. Commissioner Denahan asked Mr. Fellows to present the concept further. Mr. Fellows stated that it would be similar to the singing of the National Anthem at the beginning of a baseball game and would not be a large production. Mr. Fellows said that he has spoken to some of the Directors of the music programs at local schools who expressed enthusiasm to showcase their school's musical talent. Mr. Fellows said that the concept calls for the high school students on the Education Advisory Board to be responsible for scheduling the presentations for the schools. Mr. Fellows said the format could consist of a patriotic music selection that could be performed in conjunction with the invocation and Pledge of Allegiance. Mr. Fellows also suggested that the performers could sing prior to the Commission meeting. Mr. Fellows MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 said this would be an opportunity to promote patriotism, as well as promoting the City's schools. Commissioner Denahan also stated this is an opportunity to promote a positive image for the youth, as well as informing the parents that the City Commission is accessible. Commissioner Denahan said it would be stipulated that the Education Advisory Board would be doing 100% of the coordination. Also Commissioner Denahan stated that some parameters should be set and that the presentation be limited to one or two songs, as well as the size of the group. Mayor Taylor stated that this is a "motherhood and apple pie issue" and said he is a great proponent of highlighting the City's children. However, Mayor Taylor has concerns. Mayor Taylor said that the Commission meeting is the vehicle to conduct the City's business and said he would not have a problem with an occasional music presentation, but did not think it should be at every meeting. This could also result in the meetings starting later. Mayor Taylor suggested that the performances could be on a quarterly basis. Mayor Pro Tem Tillman stated he works with young people and that children should be given an opportunity to express themselves. Mayor Pro Tem Tillman said that it is a worthwhile idea, but did not think it was practical. This would require these young people to commit themselves and he did not think this would in reality happen. Also Mayor Pro Tem Tillman did not feel that the students on the Education Advisory Board should have the responsibility of scheduling the presentations. Mayor Pro Tem Tillman stated that the meetings are run on a tight schedule and there could also be logistical problems. Mayor Pro Tem Tillman felt it was a very good idea, but maybe an abbreviated version could be worked out. Commissioner Denahan stated that it was the intent of the Education Advisory Board that the music presentations would be an enhancement and an opportunity to provide involvement. The presentations would not be a recital nor would they harness the City staff with any additional responsibilities. Mr. Fellows said the Education Advisory Board would not have presented this to the City Commission if they felt it would not work. Mr. Fellows said that the Music Directors of the City Schools were very enthusiastic about the program. Mr. Fellows stated that the students on the Education Advisory Board that would be coordinating the presentations would be working directly with the Directors of the Music Programs at the schools, not the students themselves. It would be the responsibility of the schools that the students show up and come prepared. Mayor Taylor did not think that the students would want to come to the meetings to perform for only three minutes and leave. Mayor Taylor said the programs could take 20 to 30 minutes. Mr. Fellows stated that this is not the format. Mayor Taylor did not agree. ]7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Vice Mayor Jaskiewicz concurred with Mayor Taylor and Mayor Pro Tem Tillman that this would be a nice activity, but should be limited to special occasions, such as during Education Month. Vice Mayor Jaskiewicz pointed out that during the award ceremony that took place earlier, not all the children were present, because it can be a hardship for the parents to leave their homes during that time of evening. Vice Mayor Jaskiewicz said that it would have been nice to have a presentation during Black History Month. Vice Mayor Jaskiewicz also stated it could be embarrassing if a trio is scheduled to perform and only two show up. Commissioner Titcomb felt that the Commission should approve the program. Commissioner Titcomb stated there is a big difference between a quartet and a solisit, and the Commission should consider going with small, manageable groups and it would only be six to nine months out of the year. Commissioner Titcomb also felt that once a month would be sufficient. Commission Titcomb stated the program should be given a chance and if it doesn't work, it would phase itself out. Mayor Jaskiewicz :suggested that the issue be held over for the new Commission to make a decision. Mayor Pre Tem Tillman stated the issue should be tabled until the new Commission takes office, which was the consensus of the Commission. B. Cemetery Improvements Vice Mayor Jaskiewicz stated she is dismayed at the condition of the Boynton Beach Memorial Cemetery, especially the hedges. Vice Mayor Jaskiewicz stated there was a great deal of money in the Cemetery fund and the Commission suggested to the Cemetery Board that the bushes be torn out and the brick wall and fa(;;ade that currently faces Seacrest Boulevard would be continued along the side on Woolbright Road. The Cemetery Board disagreed with that and thought there might be some safety factor involved. However, Vice Mayor Jaskiewicz noted that the Water Treatment Plant on Seacrest Boulevard has a beautiful white wrought iron fence being installed and this would compliment the fa(;ade already along Seacrest Boulevard. Vice Mayor Jaskiewicz said the image that the Cemetery presents is not the image the City is trying to present with regard to Community Appearance. Vice Mayor Jaskiewicz requested that the Commission recommend the wrought iron fence be utilized for the cemetery. Mayor Taylor agreed with Vice Mayor Jaskiewicz's assessment of the bushes and it should look a lot better than it currently does. Mayor Taylor stated that a recommendation should be made to the Cemetery Board to look at the wrought iron fence at the Water Treatment Plant and then make some recommendations back to this Commission. There was a consensus among the Commission that this recommendation be made to the Cemetery Board. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 C. Teen Center Commissioner Titcomb stated there is a dire need in the downtown area to provide some positive programs for the youth in this area. Commissioner Titcomb stated that the Library, playground and other downtown City facilities are bearing the burden of entertaining the' youth in this area, but there are no resources or tools to do that. Commissioner Titcomb stated that the City does have the tools and there are locations that are convenient to all these facilities. Commissioner Titcomb noted that the time between 4:00 p.m. to 8:00 p.m. is the most critical time and there is a group of children who have nothing structured to do after school. Commissioner Titcomb stated there is a room at the Civic Center that is underutilized and this would provide an immediate opportunity to solve the problem where teens can go and interact with mentors. Commissioner Titcomb did not feel that this would be a great expense, or is it complicated. Interim City Manager Hawkins said that staff has recognized the scenario that has been occurring[ at the Library. Mr. Hawkins said there is a meeting scheduled Thursday, March 4"' at 6:00 p.m. to get the teens together and receive feedback from them as to what programming they would like to keep them interested. This would enable the City to provide these teens with something to do at the Library, as well as making another location available, such as the Civic Center. Several people will be participating at this meeting including, Carolyn Sims. One of Ms. Sims major duties is teen programming throughout the City. Also Rick Ross from the Police Department has agreed to assist, as well as A. D..Henehan from the Library would be helping with computer concerns. Mr. Hawkins said he would also be working with this program. Mr. Hawkins said that the City must plan a Teen Center for the future and this would keep the disruptive teens out of the Library. However, for the immediate future, a plan of action is going to be implemented. Also volunteers will be solicited in the Community to assist with tutoring and computer training. Mr. Hawkins said that this has been discussed in great detail at the Advisory Board Form and there will be volunteers from some of the City Board. Mayor Pro Tem Tillman felt this presented an opportunity to reach these children and said he would be more than willing to work with these teens. Mayor Pro Tem Tillman stated it is important to find out what these children want to do and then the City can determine what it has available to offer and further noted there is a growing number of youth in this area that need teen activities. Vice Mayor Jaskiewicz thought it was a wonderful idea and agreed that some of the City's facilities are being underutilized. Vice Mayor Jaskiewicz stated there has been talk about a Youth Council, but has not seen anything come out of the discussions. Vice Mayor Jaskiewicz stated that the concerns of the Library must be addressed immediately and that no one should be admitted without a Library card or permission MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 from their parent. Vice Mayor Jaskiewicz stated a Teen Center is long overdue. Vice Mayor Jaskiewicz noted that the Meadows Park is always utilized and young people really enjoy themselves playing basketball. Vice Mayor Jaskiewicz said that there is now a basketball court at the Hester Center and said that some types of outdoor recreation should also be provided. Space should be located to place a basketball court, as well. Commissioner Denahan noted that there are many constituents who continually attend meetings and advocate for the youth in the City and Commissioner Denahan wished to commend Mr. Sunny Garcia who consistently appears before the Commission on behalf of the youth of the City. Also, Commissioner Denahan noted that the Children and Youth Advisory Board have been working on a Youth Council. Also, the Education Advisory Board tonight attempted to enhance the image of the City's youth. Commissioner Denahan said it is important to include the youth in the process and agreed with Vice Mayor Jaskiewicz that a Youth Council is a logical solution. Commissioner Denahan said she has great concerns when children who have utilized the Library have misbehaved and must be escorted out and it saddens her that these children have this privilege taken away from them. Commissioner Titcomb said he is asking for a consensus from the Commission to recognize that the City has the fiscal resources and tools to enable staff to put this program immediately in place. There was a consensus on the Commission for this need to be addressed immediately. XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84-51, and amended in Ordinances Nos. 86-11, 86- 37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes, 1996. Determining that no further development of regional impact review is necessary regarding such changes, approving such changes, amending the Development Order (Ordinance Nos. 84-51, 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20) FOR PURPOSES OF INCORPORATING THE APRPOVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. (TABLED TO MARCH 2~O) Attorney Cherof read proposed Ordinance O99-05 by title only. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Mayor Taylor stated that this was the 2nd Reading of Proposed Ordinance No. O99-05 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing.' Motion Vice MayOr Jaskiewicz moved to approve Ordinance O99-05. Motion seconded by Commissioner Denahan. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - Ist Reading None Mayor Taylor asked City Attorney Cherof if he had any update on the City's Marina Project. Attorney Cherof said that the amendment to the Developer's Agreement did not need be returned to the Commission unless there was a substantial deviation from the terms and conditions that were approved during Phase 1 and 2. A revised agreement had been prepared and submitted to the developer. Also, there has been communication with the Attorney who represents the adjacent property owners regarding the shared parking issue. Attorney Cherof stated all documents are moving forward, but are not completed and there have been no problems to date. Attorney Cherof said he would expect that the details would be worked out and both documents will be completed for signature. Vice Mayor Jaskiewicz inquired if this must go before the CRA or the City Commission. Attorney Cherof stated it would only come back to the City Commission, if at all. C. Resolutions: Proposed Resolution No. R99- Re: Second addendum to the Developer's Agreement for the Marina Project. (DELETED) D. Other: Accept the Judge's Final Order for attorney's (plaintiff) fees and costs in the amount of $94,300 in the case Jason Villano v. City of Boynton Beach, et al - Case No. 96-8559-CIV-RYSKAMP, U.S. District Court, Southern District of Florida. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Motion Vice Mayor Jaskiewicz moved to approve the Judge's Final Order in the case of Jason Villano v. City of Boynton Beach, et al. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0.. 2. Discussion Regarding Adult Entertainment Ordinance Mayor Taylor requested that this item be placed on the Agenda. Mayor Taylor reminded the Commission that the City was moving forward with its own City Ordinance and when it was due for first reading, it was learned that the County was working on a countywide ordinance for adult entertainment. However, the League of Cities and the County talked about appointing a task force to look at the issue. However, there is some hesitation on the League of Cities in doing a countywide ordinance, because it would give the County the authority to do countywide zoning for these types of establishments and the Cities do not want to relinquish their zoning authority to the County. Mayor Taylor felt that the County was not going to force the cities into a countywide agreement and therefore, Mayor Taylor does' not feel that a countywide ordinance would come to fruition, and if it does happen, it may only apply in unincorporated areas. Also, it may be six months to a year before any progress is made. Mayor Taylor said the City of Boynton Beach needs to take a proactive approach in this area. Mayor Taylor does not want the City of Boynton Beach to become a destination for these types of establishments. Mayor Taylor would like the Commission to request that the City Attorney prepare a Boynton Beach Adult Ordinance for first reading at the next meeting and that the Ordinance contain the strongest possible language. Mayor Pre Tem Tillman agreed that it was time the City moved forward with its own Ordinance that would better serve the residents of the City, as well as protecting the constitutional rights of those proprietorships. Mayor Pro Tem Tillman said that there is a place for everyone in the City without violating anyone's constitutional rights Vice Mayor Jaskiewicz inquired if it was still possible to ban liquor and that Attorney Cherof was going to check further into this prohibition. Attorney Cherof said a number of cities and counties have passed that regulation and that it is permissible. Vice Mayor Jaskiewicz inquired if this would be included in the City's Ordinance. Attorney Cherof said this was included in the County Ordinance, but has never been enforced. Vice Mayor Jaskiewicz inquired if this would apply to existing businesses and Attorney Cherof said it could. Also, Mayor Taylor would like the City to have the requirement that people who work in these establishments be licensed in order to determine ages, etc. Vice Mayor 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Jaskiewicz said that the City's Nuisance Abatement Board should be utilized to the fullest extent. Commissioner Denahan advocates adopting the prohibition of alcohol. commended Mayor Taylor for his efforts and she too strongest restrictions possible and also is in favor of the Vice Mayor Jaskiewicz inquired if the two establishments currently operating in the City were conditional use. Attorney Cherof stated that they are in restricted zoning classes, but did not think they were conditional uses. Attorney Cherof said they could not expand and is a non-conforming use and there are requirements in place that would prohibit expansion. Mayor Taylor said there was a consensus on the Commission to move forward with this Ordinance. Mr. Ed McJobian took the podium and stated that he had previously addressed the Commission on this subject. When he last appeared, he had furnished material from the County Board of Commissioners and the State Attorney's Office. Mr. McJobian said he knew the City would not have much success with the League of Cities, because they don't have the political will to move forward on this matter. Mr. McJobian stated currently there exists an agreement between the Sheriffs Department and State Attorney's Office not to arrest people in these clubs. Also, Mr. McJobian said that sting operations have been banned at these establishments. Mr. McJobian stated that the County Ordinance eliminates the contact between the customer and the dancer and would not allow the dancer to dance with the customer, without any clothes on. The Ordinance provides that when the dancer comes off the dance floor, she must have her clothes on. Mr. McJobian said the County spent $50,000 of taxpayer's money to draft the Ordinance, but the Palm Beach County Board of Commissioners do not want to adopt it. Mr. McJobian felt that the Ordinance should be a strong ordinance that banned this type of conduct and not allow dancers to perform lap dancing without any clothes on. I. UNFINISHED BUSINESS: 1. Detailed Report on Minority Enterprise Program Assistant City Attorney Nicholas Igwe presented this item to the Commission. Attorney Igwe stated he would be speaking about the implementation of a Minority Womens/Business Enterprise (M/WBE) Program. Assistant City Attorney Igwe presented the Commission with a handout. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Attorney Igwe stated the purpose of the statute is to increase minority participation in contracting at local government level. The legislative intent of the statute is to remedy the present effects of past discriminatory practices. The statute allows the City to set aside 10% or more of funds allocated for procurement of personal property and services for the specific purpose of entering into contracts with minority businesses. Although the statute allows this, recent case law decisions do not allow this practice. Attorney Igwe stated that before a local government can implement an M/WBE, it must conduct a disparity study. Because of the set aside language in the statute, the courts have struck down most programs and refer to them as "race conscious programs". The courts prefer that local governments adopt "race-neutral programs" and these programs are only permitted if the local government has tried other "race neutral" alternatives and they have not worked. Then, a local government can try a "race conscious program". Attorney Igwe stated that the courts require a disparity study in order to determine if there has been past discriminatory practices. A disparity study is a review and analysis of the City's past contract procurement practices and involves the collection and review of data regarding bids, contracting and related data. The cost of the disparity study can vary and depends on who is engaged to perform the study. Also, the size of the city and the length of the study can help determine the costs. The City of West Palm Beach spent approximately $187,000 for its 1997 disparity study. Attorney Igwe stated it usually takes between nine to 24 months to complete the study. Attorney Igwe explained the term "race-neutral alternatives". Assuming the Commission determines to hire a consultant to conduct a disparity study and assuming the consultant determines that the City's past procurement practices have been discriminatory, it is the responsibility of the consultant to identify race-neutral barriers. Attorney Igwe referred the Commission to the handout, which listed race-neutral barriers common to M/VVBE businesses. In summary, as long as racial, ethnic and gender classifications are not used, the City can set up preference programs that targets procurement opportunities for certain types of businesses. Attorney Igwe stated that if the City chooses to establish a M/WBE program in the City, a consultant must first be engaged to conduct a disparity study. Vice Mayor Jaskiewicz stated that the City's bid forms indicate if a minority firm is involved and said if this information were inputted into a computer and if a pattern surfaced indicating minorities were not getting contracts, that would show that the City has a problem. Vice Mayor Jaskiewicz did not see the need to hire an expensive consultant and the City should have the means to check out the information on its own. Mayor Pro Tem Tillman inquired if the City had the means to perform its own study. Mr. Hawkins said that the City has the ability to retrieve data, however, the disparity studies have to be very strong and have to be performed by someone with specific background to conduct the study, because the study is the foundation to prevent legal challenges. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Mr. Hawkins did not think staff could be utilized since it has no background or training to perform the study. Mr. Hawkins said that most cities that have strong programs in place have had studies performed as prescribed and have been able to withstand legal challenges. If the study was not done right the first time, the courts have stated that the study must be redone correctly. Attorney Igwe stated that most M/VVBE Programs have been successfully challenged and usually a local government would hire a specialist to perform the study. Commissioner Titcomb asked if there was anything that would indicate that there is a problem in this area in the City. Mr. Hawkins said that there have been no complaints regarding race-based bid awards and there have been no challenges in that regard. However, without the proper data, it would be difficult for the City to answer that there is some type of problem. Therefore, in order to have a factual answer, studies must be conducted and the City cannot make that assumption merely because the City has not received any complaints or challenges. Mayor Pro Tem Tillman stated that the study is necessary and for the last 36 months the City has put together programs for different types of business needs, incubation programs, fa(;ade grant programs and all kinds of other programs. Mayor Pro Tem Tillman stated that the City is preparing to make application for an All America City and the City should make sure it is covered. Mayor Pro Tern Tillman agreed that staff could not perform the study and this is not the way to conduct business. This is an opportunity for Boynton Beach to do something that is right and to make sure it will not be challenged and the City should move forward with the study. Mr. Hawkins also stated that since Boynton Beach is now an entitlement city, the City must certify that it does not discriminate when it comes to issuing contracts. If the federal government audited the City, the federal government would do the study for the City and the City should be aware of this happening. Vice Mayor Jaskiewicz said she could not see investing in a disparity study for the past. Vice Mayor Jaskiewicz would prefer that the City develop an incubation program and set aside funds and actively solicit from the minority businesses. Vice Mayor Jaskiewicz said that money should not be wasted on the past, but used to develop a program for the future. Attorney Igwe said you cannot "set aside" and the first step has to be a disparity study. Commissioner Denahan said she had the same question as Commissioner Titcomb and also agreed that having another consultant perform another study should be avoided if possible and perhaps there is a compromise available for the City to be proactive and work towards a solution. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Attorney Igwe stated that a "race-neutral preference" may come out of the disparity study. Also, after the consultant examines all the data, it may be determined that there is no problem. Attorney Cherof stated there is something the City can do now. If the City suspects that the minority community is not submitting RFP's or bidding on projects to the same degree as the non-minority community, the City could spend additional funds by making sure when an RFP is requested or when asking for contracts to be submitted that the City communicate to that community, directly and indirectly. This could be done by doing additional mailings, posting notices in trade magazines marketed to minorities and see if more applications and RFP's are submitted from the minority community. Attorney Cherof stated this would not require a sophisticated study and would only be the commitment of some additional dollars for more ads. Mr. Hawkins said Attorney Cherof's suggestion was a good idea, which is the method the City follows in recruiting and is a proactive move. Mr. Hawkins said that the City could do research to determine what businesses most minority companies are participating in and then the City could do direct advertisement to those businesses. Mayor Pre Tem Tillman questioned who would monitor this. Mr. Hawkins said the Purchasing or Finance Department could monitor it and could be an administrative function of staff in either Department. Mr. Hawkins said this could be the' "first step" to help gain data. Mayor Taylor stated if this procedure was instituted, the results could be reported back to the Commission on a quarterly basis. Mayor Pre Tem Tillman said he had no problem with this, but it should be kept in mind the City still must determine if it is doing what it should be doing and not be afraid of the outcome. Mayor Pro Tem Tillman stated that the cost of the disparity study is one item, but what the study itself is supposed to do is another issue and the City must pay attention to this. Mayor Pre Tem Tillman stated that the purpose of the study is to keep the City from doing something wrong. Mayor Pre Tem Tillman stated in order to have a better Police Department and a better School District, you must have outside accreditation. In order for the City to have a world-class finance department, someone on the outside makes this determination. Mayor Pro Tem Tillman said he would go along with this in terms of saving of money, but the Commission should be cognizant of the intent a study. Attorney Cherof suggested that the Commission ask administration to provide some feedback by mid or late summer, so if there was information that comes out that the Commission is not comfortable with, during the next budget process some money could be allocated for a more comprehensive study. Right now, there is no set-aside for the study, or the money would have to be appropriated from some other fund. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Mayor Taylor felt this was a good suggestion. Commissioner Denahan inquired if there would be any additional cost to determine how much time it would take to perform a study for a city with 53,000 residents and also the cost. Mr. Hawkins said this would involve staff time and hopefully getting firms to respond as an exploratory endeavor. Commissioner Denahan suggested this could be done in conjunction with the additional advertisements, as well as in preparation for the next budget hearings. 2. BOYNTON G.A.L.A. Commission Titcomb stated that the G.A.L.A. Executive Committee, which consists of several staff people and himself have been dealing with G.A.L.A. issues over the past several months. Commissioner Titcomb stated that he and Ms. Melody Green met with the Chamber of Commerce with the idea to enhance the Chamber's opportunity to take over G.A.L.A., which was the direction of this Commission. Commissioner Titcomb stated the Chamber is very receptive to the idea and the Chamber has spent several thousands of dollars to hire an event specialist to prepare a due diligence pro forma on the G.A.L.A. becoming a private, profit-making event. Commissioner Titcomb asked the Commission to refer to the letter from the Chamber of Commerce (a copy of which is attached to the minutes) which expresses their interest in taking over the G.A.L.A. It was determined that the other Commissioners were not in receipt of a copy of this letter. Commissioner Titcomb stated that the Chamber of Commerce said they are seriously interested in taking over G.A.L.A. pending the outcome of the due diligence pro forma being prepared and it being determined that G.A.L.A. is a feasible event for the Chamber of Commerce. The Chamber is requesting time until the pro forma is prepared and during that time, the City would reserve the right of the Chamber to move in that direction to potentially take over the G.A.L.A., pending the outcome of the due diligence. The Chamber also requested that City staff would provide the Chamber access to the records and reports on G.A.L.A. and to fully cooperate with the Chamber~ in this endeavor. Thirdly, Commissioner Titcomb said that he and Ms. Green offered the Chamber the opportunity to retain the full proceeds of their beer and wine garden sales from the 1999 G.A.L.A. to offset the cost of the consultant study, which is approximately $9,000. Commissioner Titcomb stated that Ken Kaleel, Chairman of the Board of the Chamber of Commerce and Ms. Kathy Shabotynskyj, President of the Chamber were present to address any issues. Ms. Shabotynskyj handed out copies of the Chamber of 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 Commerce letter referenced by Commissioner Titcomb to the Commissioners and Mayor. Mr. Kaleel and Ms. Shabotynskyj took the podium and Mr. Kaleel said he did not have much further to add to Commissioner Titcomb's comments, except that the Chamber is very serious about the G.A.L.A. and "cautiously optimistic". Mr. Kaleel noted it would entail a lot of work to make the G.A.L.A. a greater success than it already has been and there is a lot involved. Mr. Kaleel said the Chamber has had three special meetings on the subject. Mr. Kaleel said they have engaged two consultants to determine the feasibility of the Chamber taking over the G.A.L.A. Mr. Kaleel said the Chamber has voted to spend approximately $9,500 on the consultant's report. In addition, the Chamber plans to have the G.A.L.A. numbers examined by accountants, which would be an additional cost to the Chamber. Vice Mayor Jaskiewicz inquired what staff's time and expenses were. Ms. Green stated that the G.A.L.A. has gone from $100,000 in staff time over previous years to $40,000 the past year. Increasing the volunteer effort has reduced this. For clarification, Ms. Green stated that the recommendations taken to the Chamber Executive Board also included the arrangements for this year that the $5,000 that the City would normally get for the beer sales and the business showcase would be given to the Chamber as seed money to allow them to take over the event. Ms. Green said from a staff position, staff does not see any problems supporting the request for covering the cost of half the analysis and this has been discussed with Mr. Hawkins. Ms. Green also stated that the City would be receiving a copy of the consultant's report and the consultants are experts in the field of state and national festivals. The consultants have been directly involved in the success of Sunfest, which is a much larger festival. Ms. Green stated that after the report has been prepared if the Chamber decides it does not want to take over the G.A.L.A., the City would have a valuable document that could be used to expand the program to operate more like a business and make the G.A.L.A. self-supporting. It is anticipated that the report would be ready by the end of May which is agreeable to staff. Ms. Green stated that if the report were completed later than May it would be a problem for staff for next year's planning. Commissioner Titcomb asked Ms. Green to confirm that staff is willing to go along with the cost abatement of the study, as long as the City receives a copy of the report, whether or not the Chamber takes over the G.A.L.A. Ms. Green stated it would have to be agreed upon that the City would receive the report by the end of May. Mr. Kaleel stated the Chamber has allowed the consultants 75 days to have the report ready and thereafter the Chamber would make their decision and prepare a proposal to be submitted to the Commission. Mr. Kaleel stated that because of the tremendous 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 cost and the possibility of losing up to $60,000 or $70,000, the Chamber has to give the G.A.L.A. great consideration. Mayor Taylor asked Mr. Kaleel to clarify how the Chamber would lose $60,000 to $70,000 if the City provided the police, the trash pick-up, street sweeping, etc. With regard to the other costs, the Mayor stated it was City employee wages and if the Chamber took it over, they would be using volunteers and there would be no staff cost. Mayor Taylor pointed out that mostly volunteers run the Delray Affair. Mayor Taylor asked what the current arrangement is regarding beer sales and was informed it was a 50-50 split on the sales of beer. Mr. Kaleel stated that technically they are now allowed to have a split on the sales. Ms. Green stated there is some type of agreement in place that gives the Chamber a certain percentage. Mayor Taylor did not agree with the reasoning that the City should pay for the cost of the consultants' study. Mayor Taylor stated that even though the City would receive the feasibility study, the City has been putting on the G.A.L.A. for years and should know how the G.A.L.A. works by now and would not need this study. Also, Mayor Taylor stated he has just been handed the letter and has not had an opportunity to review it. Mayor Taylor did not agree that the G.A.L.A. has been a loss for years because the employees' salaries were never considered in the costs. Commissioner Titcomb stated it is really a "misnomer" to say the G.A.L.A. is a loss since it is an event the City wishes to provide. Further, Commission Titcomb stated that the abatement of the fee was offered as the result of a specific direction of the Commission made to the community that the City was looking to put these types of events in private hands. This is how the Chamber of Commerce came about as the one to approach to take over the G.A.L.A. Commissioner Titcomb stated it would be an investment on the City's part to assist in the preparation of the study. Mayor Taylor asked who receives the money from the booths and Ms Green stated that currently there is a 60%-40% split. The City gets 40% and the Chamber gets 60% of the business showcase. Ms. Green stated that last year the City received $4,924 from the sales of beer. Ms. Green noted that the Chamber only receives a split on the business showcase and the beer and wine sales. Vice Mayor Jaskiewicz asked if the G.A.L.A. is self-sustaining for the City. Mr. Green said it is self-sustaining through fees, sponsorships and in-kind donations and is self- supporting with the exception of staff planning time. Ms. Green felt that volunteers could successfully cover the event. Vice Mayor Jaskiewicz inquired if volunteers covered the Delray Affair. Commission Titcomb stated that there is a small paid staff of two or three people, plus over 100 volunteers. Commissioner Denahan stated she supports the project wholeheartedly and has a concern for clarification that the City would continue to provide police coverage, trash pick-up and street sweeping for at least the next two years. Commissioner Denahan MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 stated she would like to delete the words "at least". Mr. Kaleel said this wording was included in the City's proposal. Mayor Pro Tem Tillman said he could not support the project and does not feel the City should have to pay for someone to do the study. Mayor Pro Tem Tillman stated the intent was to take these special events out of the hands of the City and did not think the City should have to bear half of the fee. Mayor Pro Tem Tillman stated just a short time ago there were no funds to undertake an M/VVBE study, but we are suppose to pay to see if someone else can do their job. Mayor Pro Tem Tillman said it should be the sole responsibility of the Chamber of Commerce and not the City. Further, Mayor Pro Tem Tillman stated the Chamber has the expertise to do these functions and is appalled that the City is being asked to consider this. Commissioner Titcomb stated that it was the City that made this offer to the Chamber, not the Chamber making the offer. It was made by the Executive G.A.L.A. Committee and staff as an incentive to the Chamber to look at this issue. Also, Commissioner Titcomb stated that it is not uncommon for Cities to continue to offer ongoing services to large outdoor street and public festivals by including, police protection, sanitary services, fire and emergency medical issues, etc. Mayor Taylor said he did not have a problem with the City providing the police and trash pick-up, etc. and stated it is a normal part of festivals. Vice Mayor Jaskiewicz inquired when the Chamber would be taking over the G.A.L.A. Ms. Shabotynskyj stated the Chamber would be taking it over in the year 2000. Ms. Shabotynskyj stated that the Chamber, if it takes over G.A.L.A., plans to make some substantial changes to make it a signature event for Boynton Beach and to improve the image of the event and the Community. The Chamber wants to bring people from different areas to the event. Also, Ms. Shabotynskyj said that the economical impact of a great event would be substantial. The Delray Beach Affair brings in over $20 million during a three-day weekend event. Vice Mayor Jaskiewicz stated she could not agree to the cash outlay. Vice Mayor Jaskiewicz stated if the Chamber wished to engage a consultant in order to determine how the G.A.L.A. should be expanded in the future, it should be the Chamber's responsibility. Ms. Shabotynskyj stated the Chamber is not asking for the City to put out any funds, but merely not take any funds from the Chamber's revenues from the beer garden and business showcase for this year. Ms. Shabotynskyj stated that once the study is completed, the Chamber would come back with an offer. Mr. Kaleel stated that this was a proposal from the City and that the Chamber is merely accepting the City's proposal. Mayor Taylor stated that the City did not make the proposal and said this was the first time he has heard of the proposal. Ms. Green 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 stated the G.A.L.A. this year will be run completely by staff. Ms. Green stated that staff received direction from the Commission that the G.A.L.A. should be taken over by another agency. Also staff received direction from the Commission that the Chamber would be the most likely organization to take the event over and therefore this incentive was offered to the Chamber. Ms. Green felt if this offer had not been made the Chamber would not be present this evening and Ms. Green further felt the Chamber was not ready to take over the G.A.L.A. and that staff would be preparing to run the event for next year. Mayor Taylor said he was not prepared to spend $5,000 for the Chamber to study the event. Vice Mayor Jaskiewicz asked if the ratio could be adjusted to something other than the 100% so that the City would realize some proceeds. Commissioner Titcomb stated he felt this was the wrong approach to take and did not think the $5,000 which is an abatement of fees, is a- very small price to pay to successfully hand over the festival which was the direction of this Commission. Commissioner Titcomb stated that the Chamber of Commerce is the most likely entity to take over the event. Commissioner Titcomb stated that the Commission was caught off guard because the letter of intent was late. Motion Commissioner Titcomb moved to support the proposal as submitted by the Chamber of Commerce. Motion seconded by Commissioner Denahan. Mayor TaylOr asked if there were any discussion. Vice Mayor Jaskiewicz said she .would have liked to have had a discussion with staff before the meeting. Mayor Taylor stated that perhaps the Chamber of Commerce was not the entity to take over the G.A.L.A. and thinks that the Chamber has the resources to do the study without coming to the City. Vice Mayor Jaskiewicz suggested that the ratio of the beer sales could be'75% for the Chamber and 25% for the City, including other City services continuing. Mr. Kaleel stated he does not have the authority to accept any other offers other than what was presented to the Chamber and the Chamber is merely responding with acceptance of the City's offer. Mr. Kaleel stated all the Chamber is asking is that it have more time to consider taking over the G.A.L.A. Mayor Taylor called for a vote on the motion on the floor. 3] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 2, 1999 The vote on the motion was 2-3 for denial. (Mayor Taylor, Vice Mayor Jaskiewicz and Mayor Pro Tem Tillman dissenting). Motion Vice Mayor Jaskiewicz proposed that the ratio be changed to 75% for the Chamber and 25% for the City to defray the costs that the City entails. Motion died for lack of a second. Xlll. None XIV. OTHER: ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:45 p.m. ATTEST: CityCClerk Recording Secretary (three tapes) CITY OF BOYNTON BEACH / Vi~e Mayor Mayor Pro Tom x Commissioner 32 Jamie - Could copy you of the please letter Chamber of Commerce was presented at the Commission Meeting on desk. I need to copy to the minutes. leave a from the that last my attach a Thank you!! Barbara Procedure for implementing a Minority/Women Business Enterprise program (M/WBE) DATE: March 2, 1999 Purpose of M/WBE statute: Purpose is to increase minority business participation in contracting at the local government level. The legislative intent of Ivl/WBE is to remedy the present effects of past discriminatory practices. Enabling Legislation current case law: Although Florida's enabling M/VVBE statute permits a municipality to "set aside" up to 10 percent or more of the total amount of funds allocated for procurement of personal property and services for the specific purpose of entering into contracts with minority business enterprise, recent case law does not permit a municipality to implement a M/WBE program without conducting a disparity study, Because of the "set aside" language in M/WBE enabling statute, Courts have struck down programs, re,ferring to them as affirmative action/race-conscious programs: The courts have struck down Ivl/WBE programs that purport to "set aside" contracts on the grounds that they create preferences based on race, ethnicity and gender. Race-neutral programs preferred, "set asides"/affirmative action permitted only as a last resort: Courts prefer race- neutral programs, not set asides or race conscious programs designed to benefit minority. Current case law has significantly limited the use of "set asides" and other related programs only as a last resort option, upon a showing that race-neutral alternatives have been ineffective to remedy past discrimination. Thus, a race-conscious program could not be said to be "narrowly tailored" to remedy effects of past discrimination where no considerations of use of race-neutral means to increase minority business participation in contracting, were ever made. Race-conscious remedies are reserved in extreme cases when necessary to break down patterns of deliberate exclusion. Why conduct a disparity study? Since the legislative intent of the "set-aside" scheme is to remedy the present effects of past discriminatory practices, the only way to determine whether there has been past discrimination in the procurement of contracts in the City is to engage a consultant to conduct a disparity study. What is a disparity study? Disparity study involves review and analysis of the City's past contract procurement practices: collection and review of data regarding bids, contract awards, subcontracting and related data. Cost of disparity study and length of study: Cost varies depending on who is engaged to conduct the study, the size of the city and length of the study. The City of WPB whose population is larger than BB paid approximately 187K for its 1997, disparity study. Generally, it takes between 9 to 24 months to complete a disparity study. Race-neutral alternatives: Assuming that the commission elects to engage a consultant to pursue a disparity study and assuming that the consultant finds that the City's past contract procurement practices have been discriminatory, it is the duty of the consultant to identify permissible race-neutral procurement barriers common to minority and women contractors in the City. Race-neutral barriers common to M/WBE: The following are some recognized race-neutral barriers that is common to M/WBE, that cause contract procurement problems to these business: complexity of contract specifications, difficulty in obtaining bonding and financing, unnecessary bid restrictions, inefficient payment procedures and insufficient or inefficient exchange of information. A race-neutral program may include enacting an ordinance prohibiting primary contractors to discriminate in any practice regarding the utilization of subcontractors on city contracts. Permissible race-neutral preference programs: So long as racial, ethnic or gender classifications are not used, a city may set up a preference program that targets procurement opportunities for certain types of businesses. A city may consider a preference program on contracts for small businesses, emerging or new businesses, businesses that have not been awarded or previously held a city contract, businesses with credit difficulties or businesses located in economically depressed areas. All of these non-suspicious classifications or measures would benefit minority businesses and would not be subject to strict scrutiny by the Courts. These measure, the Courts believe would reduce if not eliminate barriers in the procurement process that impact negatively on smaller, newer businesses of which M/WBE make up a disproportionate share. Periodic review of M/WBE: Because M/WBE is designed to remedy the present effects of past discrimination, the statute provides for periodic review of such programs to determine whether discriminatory practices continue to exist. Under the statute, once the effects of discriminatory practices have been remedied, the program should be discontinued. Conclusion: As earlier indicated, if the Commission elects to establish a Ivl/WBE program, the first thing to do is to engage a consultant to conduct a disparity study to determine whether the City's past procurement practices have been discriminatory and to evaluate recommendations from the study. S:ca/Depts City CommM/WBE presentation- memo r ovnt, on Beach "Chamber of Commerce Commissioner Jamie Titcomb Boynton Beach City Commission Boynton Beach, FL 33426 March 2, 1999 This letter is in response to the GALA Executive Committee's proposal to the Chamber for future G.A.L.A. events as presented by Commissioner Jamie Titcomb and Melody Green, Recreation Superintendent on January 14, 1999. In short, the Committee's proposal requested that the Chamber take over the G.A.L.A. effective March 22, 1999. As part of the City's investment in the event, the City would continue to provide police coverage, trash pick-up, and street sweeping for at least the next two years at no cost to the Chamber. The Committee further offered that if the Chamber gave the City a Letter of Intent, the Chamber would receive 100% of the proceeds for beer sales and business showcase for the 1999 G.A.L.A. The Chamber took this proposal very seriously. We are cautiously optimistic about taking over such an event that has a fine tradition and making it even more successful. Our preliminary investigation, based upon documents supplied by the City, shows a history of substantial economic losses if you factor in the City's staff time. Since the Chamber cannot absorb such losses and would rely heavily on a volunteer effort, we must first determine the feasibility of taking over such an event. Whether it was the Chamber or some other organization, the necessity of making this determination is a must before proceeding. To that end and in reliance upon the Committee's proposal, the Chamber has hired consultants, Sue Twyford (The Twyford Group) and Eleanor Krusell (Events Etcetera) to provide a feasibility analysis and a pro forma business plan. Due to the serious intentions of the Chamber to take over this event, the Chamber is making this substantial investment in such an analysis. Additionally, during the 1999 G.A.L.A. we plan to "shadow" the City's staffto get a realistic assessment of the event. The combination of the above will lead us to a conclusion of the feasibility of the event and to what extent, if any, the Chamber would need the assistance of the City to make the transition a success. The G.A.L.A~ Executive Committee requested that we have a decision on this very important issue by February 15, 1999 later extended to March 2, 1999. Unfortunately, the time frame as outlined by the G.A.L.A. Executive Committee is not possible if we are to ensure a successful transition and successful event. 639 East Ocean Avenue, Suite 108, Boynton Beach, FL 33435 phone 561.732.9501 Fax 561.734.4304 website wwv~.boyntonbeach.org, email chamber@boyntonbeach.org ACCREDITED Chamber of Commerce The Boynton Beach Chamber of Commerce requests that the City allow us the time to prepare our analysis and reserve for the Chamber the fight to take over G.A.L.A. The Chamber anticipates presenting a definitive proposal and transition play by the end of May, 1999. Thus far the City Staff through Melody Green has been very supportive of our requests for documentation and the like. For the reasons cited above, it is very important that the Commission direct all G.A.L.A. related Staff'to provide access to all records, reports, and key personnel for the prior and current G.A.L.A: events and. to fully cooperate with the Chamber and/or their consultants for the timely release of such information. In the past, the Chamber has partnered with the City in the Wine & Beer Garden and Business and Product Showcase. Due to the expense of our consultants and related costs of the above G.A.L.A. analysis, and as was offered in the Committees proposal, the Chamber requests that we keep 100% of the proceeds from these areas for the 1999 G. ALA. This will help offset some of our costs with respect to the analysis. In turn, the Chamber agrees to share the report and all information received therefrom. The Boynton Beach Chamber of Commerce is committed to their Community. The G.A.L.A. is just one aspect that makes our Community a better place. The Chamber is excited about the prospect of furthering the success of this event. We ask that you place the above considerations upon the March 2 City Commission Meeting. Thank you, in~ ~~ot~; cooperation. SinceiiilY' / T~ei~a~e 5opton Beach Chamber of Commerce 639 East Ocean Avenue, Suite 108, Boynton Beach, FL 33435 phone 561.732.9501 Fax 561.734.4304 website wwm. boyntonbeach.org, email chamber@boyntonbeach.org ACCREDITED DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Riverwalk Plaza APPLICANT'S AGENT: Lee Starkey AGENT'S ADDRESS: 11214 Marjoram Drive, Palm Beach Gardens, Florida 33418 DATE OF CITY COMMISSION RATIFICATION: 3/2/99 TYPE OF RELIEF SOUGHT: Zoning Code Variance (south buffer wall) LOCATION OF PROPERTY: 1606 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyn, ton 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. The APplicant HAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditiOns for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "InclUded''. 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. City Clerk- '"'--- J:\SH RDATA\Planning\SHARED\WP~°ROJECTS~Riverwalk~ZNCV~DEVELOPMENT ORDER.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other ~xxx' ,,~ ~ ON ~' 0'. ......... EXHIBIT "D" Conditions of Approval Project name: Riverwalk Plaza File number: ZNCV 98-005 (south buffer wall) Reference: Zoning Code Variance application dated April 7, 1998. J DEPARTMENTS INCLUDE REJECT PUBLIC WORKS X Comments: None UTILITIES Comments: None X FIRE Comments: None X POLICE Commentsi 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: 1. It is recommended that this request be denied. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied. X ADDITIONAL CITY COMMISSION CONDITIONS /dim J:\SHRDATA~LANNING\SHARED\WI~PROJECTS~%IVERWALK~ZNCV,xCOND. OF APPR. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 7-Eleven at Grove Plaza APPLICANT'S AGENT: Donna West, Carnahan-Procter and Associates, Inc. APPLICANT'S ADDRESS: 6191 West Atlantic Boulevard, Margate, FL 33063 DATE OF CITY COMMISSION PUBLIC HEARING: March 2, 1999 TYPE OF RELIEF SOUGHT: Conditional Use Approval LOCATION OF PROPERTY: Southeast corner of Hypoluxo Road and Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X 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 .,~" ,.~.~ O N ~-.,, DATED' ~/'4/-/~?? EXHIBIT "C" Revised Conditions of Approval Project name: 7-Eleven at Grove Plaza File number: COUS 97-004 Reference: The plans consists of 16 sheets identified as 3rd Review, Conditional Use. File # COUS 97-004 with an October 20, 1998 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your engineering drawings, for the Utilities Department approval. 2. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. Based upon a 1-inch meter the fee is $790.02. 3. The engineering drawings show a separate meter for irrigation to be X installed by others. Please be advised that Comp Plan policy 3C.3.4 requires the conservation of potable water. City water may, therefore, not be used for irrigation where other sources are readily available. 4. The Utilities Department will not require surety for installation of the X water and sewer utilities, on condition that the systems be fully completed, and given to the city before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 5. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: None X POLICE Comments: None X Page 2 7-Eleven at Grove Plaza File No.: COUS 98-004 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 6. Engineer's certification letter stating that drainage conforms with all rules, X regulations, codes, etc. of the City of Boynton Beach. [LDR, Chapter 4, Section 7.F.2.] 7. All drainage, signage, striping and pavement (1st lift of asphalt) shall be X completed on entire Grove Plaza required improvements plans associated with the plat prior to certificate of occupancy for 7-Eleven. 8. Permits required for demolition and clearing and grubbing. X 9. Screen the loading zone from view at ground level with solid, stucco, X masonry wall painted on both sides. BUILDING DIVISION Comments: 10. Provide copy of the South Florida Water Management District permit for X the project that identifies the established finish floor elevation (Chapter 2 -Definitions of the Boynton Beach Amendments to the Standard Building Code) at building permit application time. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 11. The applicant must provide landscape and irrigation improvements to the X grassed medians on Hypoluxo Road abutting the entire site (parcels "A" through "F"). The plans must be submitted and approved through Palm Beach County and the City of Boynton Beach Leisure Services Division. The city will maintain the medians upon successful inspection by the staff. PLANNING AND ZONING Comments: Page 3 7-Eleven at Grove Plaza File No.: COUS 98-004 DEPARTMENTS INCLUDE REJECT 12. The length of all parking terminal islands must be the same dimension as X the adjacent parking spaces. City of Boynton Beach drawing number #B- 90012. Change landscape plan to match site plan. 13. Extent of colored stripes on project is inconsistent with Chapter 9, X Community Design Plan. Limit stripes to lengths on the facia, not to exceed 5 feet on either side of a sign feature, and on the same side of the facia as the sign feature. Paint or cover remainder of facia similar to building. 14. Note: No fuel pumps to be permitted until Lawrence Road is widened to X four lanes. Revise note on plan accordingly, and repeat note at a visible location on the site plan graphic. 15. Add the following notes to the landscape plan: X Sod square footage to be determined in the field A mulch other than cypress will be used The source of the irrigation system 16. Revise the buffer planting tree count to include 1 tree or 3 palms / 401f. X Three palms = 1 tree. Ch.2 Sec. 11 Par. L.3.f 17. Slightly relocate north and west buffer Oak trees to reduce encroachment X on lighting fixtures. 18. Light fixtures required to illuminate the entrance access isle be directed X away from the residential area to the south of the subject site. 19. To maximize compatibility with the adjacent residential land uses, reduce X total project height to 20 feet and amend plans accordingly. 20. Add hedge material to meet the continuous hedge requirement adjacent to X right-of-ways. Continue the Ixora hedge north, along the west side of the building's sidewalk to the planting mass east of the dumpster, and from the southeast comer of the building east to the corner at the driveway end of the #4 parking space. Continue the CI around the phone pad, south to the comer. 21. Under canopy lighting not to exceed 60 foot candles, and under canopy X lighting fixture not to be visible from off premises (recess fixture or block view with proper placement of facia). 22. Provide safe access and markings for student access to the satisfaction of X the Palm Beach County School Board. Page 4 7-Eleven at Grove Plaza File No.: COUS 98-004 DEPARTMENTS INCLUDE REJECT 23. No alcohol shall be sold before 5:00 p.m. on weekdays. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 24. It is recommended that the request be denied. X ADDITIONAL CITY COMMISSION CONDITIONS 25. Change comment no. 19 to add: To maximize compatibility with the X adjacent residential land uses, reduce total project height "which shall include the reduction of the canopy height" to 20 feet and amend plans accordingly. 26. Delete comment #23 dealing with alcohol sales. X 27. Change comment # 13 to read "Proposed pump canopy signage and colors X be revised and returned for Commission approval. The applicant would pay the required cost of public notification." 28. Change comment # 14 to read "Construction of the gas pumps be allowed X at the time of letting of the contract for the four laning of Lawrence Road." 29. Change comment no. 25 to add: To maximize compatibility with the X adjacent residential land uses, reduce total project height "which shall include the reduction of the canopy height" to 20 feet 4 inches and amend plans accordingly. MWR:dim J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\GROVE PLAZA\7-ELEVEN\COUS\COND OF APPR - 3RD REVIEW-COUS-REVISED 11-2.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coiltronics, Inc. APPLICANT'S AGENT: Sam Pinson, Rhon Ernest-Jones APPLICANT'S ADDRESS: 4800 N. Federal Highway, Suite #200E, Boca Raton, FL 33431 DATE OF CITY COMMISSION RATIFICATION: March 2, 1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 3601 Quantum Park Boulevard, Lot 15 DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the CitY Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other r/ City Clerk"- DATED: J:\SHRDATA\Planning\SHARED\WP~PROJECTS\Coiltronics~WSP~Deve]opment Order - NWSP.doc EXHIBIT "C" Conditions of Approval Project name: Coiltronics, Inc. File number: NWSP 98-026 Reference: The plans consist of 11 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-026 with a February 2, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS [INCLUDE REJECT PUBLIC WORKS Comments: l. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. Place note on plan to indicate same. 2. Dumpster enclosure must be minimum 10 feet by 10 feet internally X dimensioned. 3. Pave small area on north side of enclosure to enable space for gate to X swing clear of opening. UTILITIES Comments: 4. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. There appears to be a direct conflict between a canopy tree and the fire hydrant at the terminus of the water main. 5. Department of HRS permits will be required for the water system X serving this project. (Sec. 26-12) 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (See Sec. 26-16(a)). Please submit these calculations with your HRS permit submittal. 7. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon the Utilities Department request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. Based upon a 2-inch meter, the fee Page 2 Coiltronics, Inc. File No.: NWSP 98-026 DEPARTMENTS I INCLUDE REJECT is $2,106.72. 8. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may, therefore, not be used for irrigation where other sources area readily available. 9. Provide an engineer's written certification that drainage will conform X with all rules of the city and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F) 10. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 11. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) FIRE Comments: 12. Provide minimum 5 foot clearance between hydrants/Fire Department X connections and vegetation. POLICE Comments: None ENGINEERING DIVISION Comments: 13. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 14. Provide sealed engineer's certification in writing that drainage will X conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. [LDR Chapter 4, Section 7.F.2.] Page 3 Coiltronics, Inc. File No.: NWSP 98-026 BUILDING DIVISION Comments: 15. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, county fees and state fees will be determined at time of permit review. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 16. The applicant must apply for a clearing and grubbing permit in reference X to the existing trees. PLANNING AND ZONING Comments: 17. Sign and seal all landscape plans. Ch. 4, Sec. 7, Par. C. 1. X 18. In the site plan tabular data provide the following: X - Acreage (total gross project area) Ch. 4, Sec. 7, Par. E. 1. 19. Traffic review required to monitor/record cumulative impacts within the X Planned Industrial Development. 20. Add breakdown (square feet) of all uses proposed within the building X (show in tabular form). 21. Provide written verification that the Quantum Park Architectural Review X Board has reviewed and approved the plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. None X ADDITIONAL CITY COMMISSION CONDITIONS nt 2qWSP\cond. of appr-2nd review.doc /bme ~ i DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID DRIA APPLICANT'S AGENT: Eugene A. Gerlica, P.E., Mock, Roos and Associates, Inc. APPLICANT'S ADDRESS: 5720 Corporate Way, West Palm Beach, Florida 33407-2066 DATE OF HEARING BEFORE CITY COMMISSION: March 2, 1999 TYPE OF RELIEF SOUGHT: Master Plan Modification with amendment to DRI LOCATION OF PROPERTY: Quantum Corporate Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. r/ City Cie ~'~ \\CH'WIAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\QUANTUM\DRi _ MFT~Develop. Order Form,doc All further development on the property shall be made in accordance with the terms and conditions of this order. /lltllllllllJl~[~[~x EXHIBIT "D" Conditions of Approval Project name: Quantum Park PID DRIA File number: MPMD 98-006 / DRIA 98-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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: 1. The uses proposed for the lots designated for the "Amusement and X Recreation" option be unique to the city so as to avoid negative competitive impacts on existing commercial uses (a theater could be unique based on additional internal amenities, participation costs, design, etc.). Page 2 File Name: Quantum Corporate Park - DRI Amendment File No.: MPMD 98-006 / DRIA 98-003 DEPARTMENTS INCLUDE REJECT 2. To avoid strip or small commercial uses on lots located at the southwest X comer of Gateway Boulevard and Park Ridge Boulevard, these lots (minimizing outparcel(s)) should be developed as a single complex or consolidated activity center with an emphasis on uses unique to the city, which would therefore not compete with existing commercial uses within the commercial activity center along Congress Avenue. This limitation excludes the planned Mobil station/convenience store on lot 65-B, and includes uses such as drag store retailers, auto parts or repair, other convenience stores, copy centers, etc. The use approval process shall be the means to review future uses for determination of compliance with this condition. X 3. "Commercial" options be further reduced on lots within the Quantum Park PID (the only remaining parcel with the commercial use option is lot 91, which consists of 6.53 acres at the northeast comer of Gateway Boulevard and High Ridge Road). The "Commercial" designation option could be removed, or alternatively, the parcel could be limited to uses unique to the city's commercial activity center located along Congress Avenue in the vicinity of the Boynton Beach (including hotels or similar uses). X 4. As an additional option to conditions #1 and #2, the applicant should justify, at the site plan stage, commercial use and demand for these parcels through a corresponding analysis of needs and supply for the commercial uses proposed at that time. This analysis should not only include respective marketing information but an analysis of land use distribution which essentially updates and corrects that data found in the Comprehensive Plan. X 5. Finding of non-substantial change by the RPC and state, and satisfying any conditions from these additional reviewers. X 6. Remove "office" option from lots 32 through 38, and exclude uses that are principally warehouses. The use approval process shall be the means of reviewing for exceptions. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 7. The lots designated attraction and amusement be limited to a multi- X screen movie theater with ancillary uses on site. ADDITIONAL CITY COMMISSION CONDITIONS 8. NONE X QUANTUIVBDRI - MFT~I ST REVIEW COMMENTS-DRI.doc