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Minutes 05-05-03 MZNUTES OF THE AGENDA PREVTEW CONFERENCE HELD TN CONFERENCE ROOM C, WEST WZNG, CZTY HALL, BOYNTON BEACH, FLORZDA ON MONDAY~ MAY 5~ 2003 AT 4:00 P.M. Pre~ent Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor 3ames Cherof, City Attorney Mack McCray, Commissioner Bonnie Glinski, Deputy City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner City Manager Bressner began the agenda review at 4:05 p.m. He added the Nurses' Week proclamation to the agenda. Commissioner McCray requested that the First Baptist Church Groundbreaking Ceremony on May 7th be added under "Announcements." V.B.1. Award the bid for "SUPPLY & TNSTALL FTRE SPRINKLER SYSTEM AT THE SENIOR CENTER," Bid #040-2413-03/C.1D, to SUMMERS FIRE SPRZNKLERS, zNC. of Boca Raton, Florida, in the amount of $55,900 (Proposed Resolution) Vice Mayor Ferguson was concerned because there was only one bidder for this project and there are local contractors who do this type of work. He questioned whether the work was time sensitive. City Manager Bressner responded that it was important. However, the item could be tabled or the single bid could be rejected and the Commission could request staff to go out for bid again. Wally Majors, Recreation & Parks Director, reported that Procurement Services was very diligent in their attempt to solicit bidders but this was the only one that actually bid. Mayor Broening suggested that it might be helpful, at a future Commission meeting, to have a short tutorial on how the bidding process works. City Manager Bressner requested that Finance Director Diane Reese ascertain whether specifications were sent to the two companies in Boynton Beach and the one in Lantana. He also asked that if they did receive the specifications, were there any indications why they did not bid. Ms. Reese said that a lot of companies are not able to handle large projects and do not want to deal with government. Commissioner McKoy stated that he shared Vice Mayor Ferguson's concerns. Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida May 5, 2003 V.B.4. Rescind the award for "SENZOR CENTER EXERCZSE ROOM," Bid #056-2413- 02/C3D to MASON CONSTRUCI'~ON in the amount of $24,682.50 ([Proposed Resolution) Vice Mayor Ferguson questioned why we could not allow this local bidder to proceed with the exercise room and have another bid for the remainder of the expansion. Mr. Majors responded that the scope of services was substantially different. They explored the possibility of doing what Vice Mayor Ferguson proposed. However, if these projects were done separately, it would add to the time and the cost. V.C.6. Proposed Resolution Re: Extension of the consultant agreement between 3EG Associates and the City of Boynton Beach regarding the Heart of Boynton Redevelopment Plan City Attorney Cherof explained that the word "extension" should be struck and "approval" should be inserted because the previous contract expired and cannot be extended. Vice Mayor Ferguson suggested that the amount of the contract, $7,000, be added to the agenda wording. V.F. Permit placement by the Boynton Beach Veterans Council of memorial plaques at the base of selected trees in Tntracoastal Park Vice Mayor Ferguson was in favor of plaques commemorating organizations such as the American Legion. However, he had a concern regarding honoring individuals for more than three or five years as he believed that no one would recognize their names after that time. He will pull this item for discussion at the Commission meeting. VITT. Serrano ~ Boynton (ANNEX 03-00:1) & (LUAR 03-002) City Manager Bressner explained that there is an intergovernmental process when another local government has objections related to a development. The Village of Golf filed an objection regarding this project. The fact-finding panel met last week and there is no official finding yet, but City Manager Bressner anticipates receiving it shortly. City Attorney Cherof explained that this process takes place before the second reading of an ordinance. :It pre-mediates the issue to see whether the applicant or the City or the other governmental entity wishes to change its position and it can sometimes result in the withdrawal of an application. City Manager Bressner heard that the applicant may wish to modify the site plan and he believes that this matter should be tabled. There was discussion on whether to go ahead with the annexation portion of the project. Commission Weiland asked what would be allowed to be built if this property was annexed and the current land use was applied. Dick Hudson, Senior Planner, replied "single family homes." 2 Meeting Minutes Agenda Preview Conference Bovnton Beach. FIQri;I~ May 5, 2003 City IVlanager Bressner commented that there is currently a petition for annexation that could be revoked by the property owner. :It is not unlikely that the owner would rescind their application for annexation if the outcome were for single-family homes. City Attorney Cherof said that we have been trying to ascertain whether this project will be going forward or whether the applicant will be requesting that the matter be tabled. City Manager Bressner stated that all parties concerned would be notified as soon as we know whether the item will be tabled. VTTZ.D. Tndoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Manager Bressner reported that there was a 3-minute video on NBC television related to an indoor athletic event called "Extreme Boxing." He wondered whether our ordinance on indoor recreational facilities would prohibit this. He said that between now and the final reading of this ordinance, we would have to ascertain whether this particular activity is something that we would have an affirmative defense against. Mayor Broening felt that perhaps language could be added excluding any activities not sanctioned by a governmental agency or recognized by an amateur association. Quintus Greene, Director of Development, said that his understanding was that some of these extreme sports have been sanctioned or regulated by governing bodies. Our definition does not specifically exclude them but includes boxing within the definition of an athletic competition. Staff was responding to the earlier charge by the Commission to address the previous resolution banning boxing. He said that it is a conditional use in the proposed ordinance. City Attorney Cherof noted that we could go forward with the public hearing to get the public's input and, if necessary, the definitions would be modified. ]:X.A. Consider the recision of the revocation of the Limited License Agreement for .lordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue Dale Sugerman, Assistant City Manager, explained that Jordan Wrecker Service's license was revoked with 90 days notice. Now, in order to allow them to hold the license agreement, the Commission would need to rescind the revocation. Commissioner Weiland would like to have the agreement rewritten to allow Jordan Wrecker Service to use this alleyway for parking of vehicles between the hours of 7:00 a.m. to 6:00 p.m. when someone would be on the property to move them if necessary. He did not believe it is practical the way it is written. City Manager Bressner said that this is something that could be placed on a future agenda. X. FUTURE AGENDA TrEMS: City Manager Bressner said that he had distributed a list of future agenda items that he wanted added to the agenda. These items included the following: 3 Meeting Minutes Agenda Preview Conference B0ynt0n Beach, Florida May $, 2003 · Review of Fire Station #2 Location Options (May 20, 2003) · Discussion of Purchase of .laycee Park Parcel from Florida Inland Navigation District (May 20, 2003) · Discuss Cash in Lieu Formula for Off-street Parking in CBD Area with possible referral to CRA (May 20, 2003) · Review of"Arches" Development in CBD (May 20, 2003) · Update on Fire Station #4 Land Purchase and Site Options (May 20 or .lune 3, 2003) · Discussion of Closure of Marina Development Agreement (May 20 or .lune 3, 2003) · Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (May 20 or .lune 3, 2003) · Proposed Ordinance Establishing Guidelines for Verifying Qualifications of Advisory Board Members (May 20 or .lune 3, 2003) · Review of Haitian Alliance Church Site Plan (.lune 3, 2003) · Review of City Bidding Procedures (June 17, 2003) · Review of Annexation Enclaves (June 17, 2003) · Budget Discussion Workshops (.luly 15, 16 and 17, 2003) · Follow-up Meeting with CRA on Development Issues (August 2003) · First Budget Hearing (September 9, 2003) · Second Budget Hearing (September 16, 2003) Vice Mayor Ferguson requested that discussions regarding both fire stations 2 and 4 be held on the same date. XZZI.A. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Tmprovement Project (INCA Project) (TABLED ONAPR. TL .~ 2003,) It was the consensus of the Commission that they would move this up after Public Audience and before Public Hearing at the Commission meeting. 4 Meeting Minutes Agenda Preview Conference B0ynt0n Beach, Florida May 5, 2003 OTHER Commissioner Weiland did not want the Public Audience portion of the agenda to be pushed to the end of the meeting. He asked that the Public Hearings not be moved up before Public Audience. City Manager Bressner informed the Commission that staff met with I'NCA and they presented petitions regarding zoning and land use for their neighborhood. He distributed them to the Commission. He also distributed copies of newspaper articles relating to Capital Projects and the Heart of Boynton project. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:45 p.m. CI'TY 0 F,,J?~YNTON/IBE~CH Vice Ma.Yor ~2~ Comm ~n~2 DepuW Q~ Clerk Commissioner (one mpe) . ~i~IT¥ C~)!~MI S Si[ON AGENDA iPREVIEW 20N]"ER?]:~:2]?: ,- ~Y 5, 2003 ~ ;rst Baptt's t 301 N. Se~rest Blvd. Boston Bea h, I:'L ~ ~,,~3:5 .,, ( 6~' (561)732-5151 ~w.firstb,~vnton.~om April 29, 2003 Mr. Mack McCray, ,City Commissioner City of Boynton Beach PO Box 310 Boynton Beach FL 33425-03 l0 Good Afternoon Mack: I am excited to let you know that we will be break~ ~.g gro~.nd ' ~ ec~es~a ~ M~y ~ at 6:30 PM. I wanted to personally invite you to b{ one of thy ',.p~,:sent~t~x e~. of the city during this great celebration. .Our church will also have a dinner that starts at 5:: 0. You anJ, o,[r faro. I, a' e invited to come as my guests. Please let my secretary, Kim, know whether you v ill be ~blc 1 ~ a~lene a ,'o~r earliest convenience. Rev. Dave Edwards Pastor ' DE/ks Rev. Dave Edwards, Pas~vr Rev. Keith Baker, Worship & Music I.{b l:tms., )'v.th & Education The Cit o Bo nton Beach ' eo~rEm~NCE - mY S, 2003 -- OFFICE OF THE CITY MANAGER  100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 City Manager's Office: {561} 7426010 FAX: (561} 742~6011 e-mail: city.managerg-w~i, boyntor~each.fl, us www. ci. boyntor, beach,fl. us To: City Commission ~ .., From: Kurt Bressner, City Manager Date: May 5, 2003 Subj.ect: Supplemental Information Several items of note: Letter dated April 19th from INCA Regarding Land Usc in Mangrove Walk Neighborhood -- This letter was received on Friday, May 2, 2003 at a meeting with residents regarding the storm drainage project and land acquisition. The residents have submitted a petition supporting the storm drainage project, land acquisition and preservation of single-family zo~ing. Presently, the area is zoned single family and has a land use designation of Mixed Use. The land use designation was changed years ago. The residents may be requesting that the land use designation in their neighborhood be changed to Low Density Residential. Editorial in Palm Beach Post, dated May 3, 2003 on Capital Projects. Editorial in Sun-Sentinel, dated May 5, 2003 regarding Heart of Boynton project. Cc: James Cherof Wilfred Hawkins Dale Sugerman Quintus Greene Su e. eUrs RECEIVED Mangrove Walk Neighborhood Inlet Cove Neighborhood Association (INCA) / Boynton Beach, Florida 33435 MAY- 2 2003 Mayor Gerald Broening CITY MANAGER'S OFFICE Vice Mayor Mike Ferguson Commissioner Mack McCray Commissioner Ronald Weiland Commissioner Carl McKoy Mr. Kurt Bressner, City Manager Re: LAND USE WITHIN THE NEIGHBORHOOD OF MANGROVE WALK 19 April 2003 Dear Gentlemen: ,The neighborhood of Mangrove Walk, which falls under the umbrella of Inlet Cove Neighborhood Association, continues to support and encourage the forward movement of our Water Retention Pond and Storm Water Drainage improvements. We are not satisfied with the delays that are being encountered with pending approval of an eminent domain process for 4 parcels of property. It is the hopes of the majority of our neighbors that this major Quality of Life project be started and completed as soon as possible. Equally important is a concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition) is currently zoned R- 1A Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tries to change our zoning to something other than single family, like mixed use Iow. A select few of our neighbors are being approached by Land Developers desiring to purchase their homes and property for the purpose of trying to change the zoning and use so that the can build town homes along the Intraeoastal water way and we do not want that to happen and it's important for each of you to clearly understand this. Mangrove Walk is a proud and caring neighborhood that enjoys what we have and where we have it, just the way it is. Yes, we desperately need our Stormwater Drainage project completed, but that doesn't mean it's going to be open season for Developers to come in and take over the quality of life that we currently enjoy, nor the beamy that we still experience by the Intraeoaetal water way. Thank you for taking the opportunity to hear our collective view and concerns. Suzette Urs Resident, Mangrove Walk President, INCA We the undersigned have an important concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition)is currently zoned R-lA Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tries to change our zoning to something other than single family, like mixed use low. Name # N.E. 7th Ave, Boynton Beach, FL 33435 Phone We the undersigned have an important concem about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition) is currently zoned R-lA Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up stronglyagainst any effort to a Developer that tries to change our zoning to something other than single family, like mixed use Iow. Name # N.E. 8th Ave, Boynton FL 33435 Phone " " We the undersigned have an important concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition) is currently zoned R-lA Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tdes to change our zoning to something other than single family, like mixed use Iow. # N.E. 9th Ave, Boynton Beach, FL 33435 Phone We the undersigned have an important concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition) is currently zoned R-lA Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tries to change our zoning to something other than single family, like mixed use Iow. Name # N.E. 10th Ave, Boynton Beach, FL 33435 Phone We the undersigned have an important concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition) is currently zoned R-lA Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tries to change our zoning to something other than single family, like mixed use Iow. Name ~ #,N~h St., Boynton Beach, FL 33435 Phone We the undersigned have an important concern about rumors pertaining to the possible re-zoning of our neighborhood to a use other than single-family homes. We do not under any circumstances want our zoning to change to anything other than what it is now. Mangrove Walk (platted Lake Edition)is currently zoned R-l^ Single Family and even though the Comprehensive Land Use Plan has Mangrove Walk classified as Mixed Use, let there be no doubt that we stand-up strongly against any effort to a Developer that tries to change our zoning to something other than single family, like mixed use Iow. Name # Rider Rd., Boynton Beach, FL 33435 Phone '12A THE PALM BEACH POST SATURDAY, MAY 3, 2003 · S The Palm Beach Post TOM GIUFFRIDA, Publisher ~t~2~l{~t~ ~ F~DWARDSEARS. Editor tONDANIELSON. GeneralManager I ' I'l~~t, . '~-'i~k JOHN BARTOSEIC Managing Editor P. ANDY SCHULTZ. Editor of the Editorial Page ' o.-.r-,~. _ JAN TUCKWOOD, Associate Editor CHARLES GERARDI, VPAdvett~'ng BARRY BERG, VP Circulation LARRY SIEDLIK, I/P& Treasurer GALE HOWDEN, FP Community Relations and Marketing LINDA MURPHY, FP Human Resources BOB BALFE, VP Production · LAURA DECK CUNNINGHAM, Director, Marketing Services .~ · er, are working tirelessly to prove that a must haw Think big in Boynton higher standard can be achieved So the without making education a budget which vet priority. To that end, they are plan-whose m~ ning to apply the same accountabil- Gev. Bush Boynt(~n Beach will. decide Bondplan could help city ity measures to higher education versionof within weeks whether to seek voter that govern elementary, middle and Steven U1 approval of a bond issue for con- bl~ild o~ l'~ol'~el'ltl, o'gl. high schools. ment "del struction projects. Two thoughts: Just as student performance on emors as Be smart, and don't be timid. the Florida Comprehensive Assess- hAl)ri The city's wish list totals abouton its way to rebirth, even though ment Test is used to rate each publicand Flori~ 862 million. Voter approval is not more than half of the Decade of school, an exit test of graduating mired an necessary if the mount doesn't ex- Excellence money was spent away seniors would be used to rate each oftied mone ceed $12 million, and Boynton from the avenue, the state's 11 public universities. Beach has another $4 million in its board reje capital prpjects fund. One option is Boynton Beach also could reach Institutional reputations are at stake that in hig] to put a 821 million bond program high. The need for the bond issue is here. Still, creating a common and education, on the ballot. Another is to stay hardly new; city officials have been fair test for all universities will take for educat within the $12 million limit and paytalking about it for four years. The quite a 'bit of maneuvering by test- the formul for the projects over time out of key for commissioners and staff makers, none of whom, to prevent ed by the whatever money is available. Com- would be to pict~ those items with undue influence, should be con- and Penali missioners seem divided, the greatest appeal and the largest nected with any one university. . No pr( There are several problems, potential benefits. The costliest Graduation Would not be with- schools it · h.h..owever, ~th waiting too long. item, at $1g.6 million, is a new policeheld if a student performed poorly, does exist, ~irst, it won t provide the beneficial station. There are more than Just as secondary schools are given .rice absolv jolt that cities can get from a big $12 million worth of bikeway and public improvement package aimed parks projects, along with a pro- Help the liviz approval translates to civic enthusi- pansion of $6.6 million. Adowntown asm. Also, interest rates remain low parking garage would cost because of the sluggish economy. 83.6 million. Less important are a F'mally, real estate activity down. new pub.lie-works facility (87.6 mil- ~ ~m~ town gives the city an opportunity toli0n) and a performing arts center WhenAllied troops liberated build onmomentum. ($1.4 million.) the concentration camps 58 ,Delra. y_ Beach offers an example The deadline is near because years ago this spring, they were of now thinking big can pay off. In cities are starling work on budgets ,gre,.::d, by living skeletons ~ 1989, the citywentto voterswith the that take effect Oct. 1, Boynton's human t~eing$ nearly dead from Decade of Excellence bond pro- election is in November, and the city hunger, disease and savage grarp.. The money paid for street would need to factor any projects abuse. Many were the last rem- work, completion of Old School into the budget. The commission nant of a murdered family; all Square, parks and fire stations and can get comment from residents had witnessed horrors beyond trucks. Just five years later, the and debate which items are priori- words. work was done. Old School Square ties. The important th;n~, is' that But these pitiful wrecks were had become the focus of a new commissioners understand what not o. nlyvictims. They also were downtown, and Allantic Avenue was can come from being bold. supavors -- Jews who had m.anaged to outlast Hitler's "final Make SunPass shine "'" ' lution, a campaign of anti- Pnsoners at Semitic murder so vast and re- stac~ea 4 and 5 lenfless that a new word had to Allie~ forces off A be coined to fit it: genocide, people were murm Nothing, of course, ever can If Florida's Turnpike officials .q~n~ ~,. ,-, /., ;,, ,,- .4~',,,,,~.. ~...... ~.., ......... r ......... ~,-.~- Page 1 of 2 Sponsored by careerbuiider [ HOME I NEWS I SPORTS J ENTERTAINMENT I CLASSIFIED j BUSINESS t WEATHER I SHOPPING http ://www.sun-sentine~.c~m/news/~pini~n/edit~ria~/searcb~st~-edittdredeve~may~5.st~ Redevelop With Respect South Florida Sun-Sentinel Editorial Board May 5, 2003 Few things are more fi'ightening than the prospect of losing the home you've lived in for most of your life. Especially when you've spent a small fortune renovating it, and dream of leaving it to your children after you're gone. Just ask Elsa Newton, who has lived in her home on Northwest 11 th Avenue in Boynton Beach for 61 years. Over the past decade, she has spent $50,000 on renovations, largely because "I want my daughter to own my house someday." If the city has its way, that will never happen. Officials want to raze Newton's home and 41 others in her neighborhood as part of the "Heart of Boynton" redevelopment project. The city is seeking a federal loan to finance it. There's nothing wrong with redevelopment. In fact, it's essential to the prosperity of any city. But officials should proceed with a light hand and the utmost respect for the people who may have to be moved. The buildings they want to destroy are not just lumps of concrete and plaster. They are storehouses of memories, and link residents to friends, neighbors, schools and churches that have been the focal points of their lives. Fortunately, if federal funds are used, the law requires the city to make displaced residents "whole," meaning, for instance, that they could not end up with a mortgage if they don't have one now. The law also allows the city to offer residents up to $22,000 more than the appraised value of their homes, so they can find comparable homes after being forced to move. Officials shouldn't dicker. They should commit to paying residents the full $22,000, if only as compensation for lost memories and broken dreams. The smarter way Another danger lurks for the residents. If the federal loan doesn't cover the full ~ f~t a bellm job. cost, the city will have to get additional funding elsewhere. In that case, federal requirements protecting residents wouldn't apply. Officials insist that even with non-federal money they will do right by the residents, and there's no evidence they don't mean it. But they've been distressingly silent about how much money displaced residents might get or where they could go. The time to start providing some detailed reassurance is http//www sun sentinel corn/templates/m~sc/ nntsto s 9slu silo , : · - ' · ' p' ry.j p. g= ¼2Dedittdredevelopmay0. 5/5/2003