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Minutes 01-16-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 16, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Commissioner Jose Rodriguez, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:31 p.m. Father Richard Floreck of St. Mark Catholic Church gave the invocation including a moment of silence in memory of Vice Mayor Robert Ensler. Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda. Commissioner McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced on January 29th there would be an all out cleanup for District II starting at the St. John Missionary Baptist Church from noon until finished. Various churches, groups and civic organizations would be participating. Additional information can be obtained by contacting the Church or the City of Boynton Beach. Commissioner McKoy mentioned all those seated at the dais were wearing black ribbons in memory of Vice Mayor Ensler. The ribbons symbolized the unity of the Commission. He challenged that the spirit and efforts as a team continue within the Commission. Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Oceanfront Concert featuring Phil Mann and his alleged Orchestra on Friday, January 19, 2007, 6 p.m. to 9 p.m. at Oceanfront Park. FREE The Boynton Beach Heritage Celebration will be held February 23, 24, & 25, 2007. Activities at the Hester Center include children's activities, sports tournaments, art exhibits, and entertainment featuring Suave Smooth, JRed, Boot Leg and Tampa Tony. Kool & the Gang will perform a FREE concert on Saturday, February 24th, 7 p.m. to 10 p.m., on East Ocean Avenue. Kathy Biscuiti, Special Events Manager, announced the Oceanfront Concert series would be continuing with a free concert, Friday, January 19th from 6 to 9 p.m. She also announced the Boynton Beach Heritage Celebration super weekend to be held February 23rd, 24th and 25th and outlined the various activities and events to be held. Ms. Biscuiti stressed all events were free with the exception of the basketball tournaments. Commissioner McCray inquired when the flyers and announcements acknowledging the events would be distributed. Ms. Biscuiti anticipated all promotional materials would be distributed by the end of the week. 2. Boynton Regional Symphony Orchestra classical music concert to be held on Saturday, January 20, 2007, at 8 p.m. at Boynton Beach Community High School. Tickets are $15 and students (Grades 1-12) are free. Discounts for groups of 10 or more. Subscription tickets are $25. 3. Boynton Beach City Library's Heritage Celebration and African-American History Month Activities. Feb. 3 1 p.m. Feb. 10 1 p.m. Feb. 16 3:30 p.m. Feb.l? 1 p.m. Feb. 21 6p.m. Feb. 22 6p.m. Feb. 23 1:30 p.m. Feb. 24 2 p.m. Calendar of Events PUDDet Show - Puppets reflecting various ethnic groups will present a musical puppet show discussing the principles espoused by Martin Luther King, Jr. FL African American Historv WorkshoD - Learn about great Florida African Americans. Program for all ages. Harriett Tubman - Performance artist will portray Harriett Tubman at the Schoolhouse Children's Museum. The American Constitution - Author Cathy Travis will inform us about our history and our government workings in plain English. African American Familv Film Festival - A movie, suitable for all audiences, which is related to African American Heritage will be shown. African American Film Niaht: Stormy Weatherwith Lena Horne. Insiaht into Remote Africa - A PowerPoint presentation of photos taken by a Library patron in remote parts of Africa. A brief history of the different regions and a description of the culture will be presented. African American Tribute Show - United Teens in Action (teen volunteers) will produce a skit taking place in a classroom where they discuss famous and not so famous African Americans. 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Feb. 24 3 p.m. African American Familv Film - A movie, suitable for all audiences, which is related to African American heritage will be shown. B. Community and Special Events: None. C. Presentations: 1. Proclamations a. Tribute to Vice Mayor Bob Ensler Mayor Taylor read a tribute to Vice Mayor Bob Ensler expounding his life accomplishments, business experience and political career as well as his veteran affiliations and service to the City of Boynton Beach and the United States. IV. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Herb Suss, 1711 Woodfern Drive, offered the idea that the Boundless Playground should be named after Commissioner Ensler as a tribute to his efforts in bringing the concept of a boundless park to the City of Boynton Beach. Mr. Suss announced January was Jewish Heritage month recognizing the contributions of the Jewish leaders. Edward Glueck, 2620 NE 1st Court, contended the Oceanfront Park should be opened in the evenings from dusk to 11 p.m. even though the lower level lighting had not been repaired. He did not feel there should be any safety concerns. Glenn Jurgenson, President, Chamber of Commerce, presented each of the Commissioners with the 2007 Quality of Life, Relocation Guide for Boynton Beach. He emphasized it was a great testament to the City. Susan Horne, 1 Colonial Club, #104, related her contact with the family of the slain man from the Boynton Beach Mall incident. She expressed concern that the family had not been contacted by any church or organization to assist them with their grief. Ms. Horne requested the Police Department call her as she was available to assist in any outreach programs. Mayor Taylor closed the public audience. v. ADMINISTRATIVE A. Accept correction to Public Input Meeting Minutes of Monday, December 20, 2006 on Ocean 95 Project. 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Motion Commissioner McCray moved to approve the correction. Commissioner McKoy seconded the motion. The motion passed unanimously. B. Implementation of Charter Section 20 which requires the filling of a vacancy on the City Commission. Mayor Taylor opened the floor for nominations. Commissioner Rodriguez informed the public the appointment to be made would be short term, if consensus could be reached, until the November election. Commissioner Rodriguez added he had several inquiries about the vacancy in District I. He reviewed the candidates based on their involvement and current interaction within the City. Commissioner Rodriguez nominated Shirley Jaskiewicz. Commissioner McCray nominated Ron Weiland. Commissioner McKoy mentioned he had also received several calls relating to the vacancy. He noted the Charter indicated the vacancy could be open for two meetings, and at that point a special election would be conducted. In view of the fact Commissioner Ensler was unopposed in the last election, Commissioner McKoy felt the public should vote on the successor. Mayor Taylor contended the board had a responsibility to fill the vacancy. He did not feel it was sound, financially to expend the monies, approximately $20,000, for an election. He felt both nominees were very qualified candidates. Mayor Taylor closed the nominations. Vote Shirley Jaskiewicz - The vote was 2-2. (Commissioners McCray and McKoy dissenting) Vote Ron Weiland - The vote was 3-1. (Commissioner McKoy dissenting) Mayor Taylor declared Ron Weiland the Commissioner for District I to fill the vacancy of Commissioner Bob Ensler. Commissioner McKoy inquired if the appointment for Vice Mayor could be done also. Attorney Cherof advised it could. City Clerk Prainito administered the oath of office to Ron Weiland as Commissioner for District I. Commissioner Weiland indicated he was honored to be chosen to fill the seat. He stressed he was a team player and hoped the City would continue to move forward as it had in the past. Commissioner Weiland concurred with the request to name the boundless park in memory of Bob Ensler. He hoped the MLK corridor project could move forward and see vertical growth soon. 4 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Another important consideration for Commission Weiland was the substation to expand the space for the Police Department. He also hoped the issues involving gangs could be addressed as well as education issues facing the City of Boynton Beach. Commissioner Weiland assumed his seat on the dais. Mayor Taylor called for nominations for Vice Mayor. Commissioner Weiland nominated Commissioner Jose Rodriguez as Vice Mayor. Commissioner McKoy seconded the motion. The motion passed unanimously. City Clerk Prainito administered the oath of office to Commissioner Jose Rodriguez as Vice Mayor. C. Appointments: Appointment To Be Made Length of Term Board Exoiration Date Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Code Compliance Board Alt 1 yr term to 4/07 Community Relations Board Alt 1 yr term to 4/07 Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Education and Youth Advisory Board Reg 2 yr term to 4/07 Tabled (2) Library Board Alt 1 yr term to 4/07 Tabled (3) Library Board Alt 1 yr term to 4/07 Recreation & Parks Board Alt 1 yr term to 4/07 Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (3) Senior Advisory Board Reg 2 yr term to 4/07 Tabled (3) III Rodriguez III Rodriguez II McCray I Ensler II McCray III Rodriguez IV McKoy III Rodriguez IV McKoy IV McKoy II McCray IV McKoy Motion Commissioner McCray moved to table all appointments for lack of candidates. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - December 29, 2006 2. Regular City Commission - January 2, 2007 5 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve piggyback of the General Services Administration Contract (GsA) #Gs-07F-9491G to Godwin Pumps of America, Inc. for the purchase of one (1) 4" Stationary Diesel Pump in the amount of $26,982.34. 2. Award Bid for "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES", Bid #012-1412-07/JA, to various vendors with an estimated expenditure of $120,000. 3. Approve piggyback off of the School Board Bid #03C-75P with s&F Construction, Inc. for the installation of a sidewalk along the south and north sides of NW 6th Avenue and the west side of NW 2nd Street, and along the west side of NW 4th Street. The estimated expenditure price is $99,323.60 plus an owner's contingency of 5% in the amount of $4,966.18 for a total projected budget appropriation of $104,289.78. C. Resolutions: 1. Proposed Resolution No. R07-009 RE: Approving and authorizing execution of Amendment No.2, to Task Order 01-17, in the amount of $222,761 for engineering services provided by Camp Dresser & McKee, Inc. (CDM) for additional permitting requirements, construction observation services, technical services and groundwater monitoring for the INCA stormwater Management Improvements and Water Main Replacement Project. Commissioner McCray pulled item VI.C.1 for discussion. 2. Proposed Resolution No. R07-010 RE: Approving the terms and conditions set forth in EMS Grant award (C-6050) as approved by the Palm Beach County Division of Emergency Medical Services. $28,680.33 award for Ocean Rescue truck, and $12,525 award for continuing CERT training. 3. Proposed Resolution No. R07-011 RE: Urging support of issues before the Florida Legislature during the 2007 legislative session that are of great concern to municipalities. 4. Proposed Resolution No. R07-012 RE: Approving an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide Human Resources related services. The CRA will pay $500 per month for services, plus $150 per hour for special projects. 5. Proposed Resolution No. R07-013 RE: Supporting and endorsing the principles of Home Rule and adopting policies to support the 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 premise that the City should have authority to govern within its jurisdiction, and further providing that such authority should not be eroded. D. Approve payment in the amount of $100,085 for annual software technical support & maintenance from sungard, H.T.E. Inc. for the period of January 1, 2007 through December 31, 2007. E. Authorize the issuance of a purchase order to Carpenter Electric for the supply and installation of "Transfer Switches" at the Art Center, Senior Center, Public Works, Civic Center and City Hall locations that would allow City facilities to operate via generator power. The estimated expenditure is $303,050.85 with a contingency amount of $45,457.63 for a total expense amount of $348,508.48. Mayor Taylor pulled item VI.E for clarification. F. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the Boynton Beach CDC Peacemakers Program. Commissioner McCray pulled item VI.F for discussion. Motion Commissioner McKoy moved to approve the consent agenda with the exception of those being pulled for discussion or clarification. Commissioner McCray seconded the motion. The motion passed unanimously. VI.c. Resolutions: 1. Proposed Resolution No. R07-009 RE: Approving and authorizing execution of Amendment No.2, to Task Order 01-17, in the amount of $222,761 for engineering services provided by Camp Dresser & McKee, Inc. (CDM) for additional permitting requirements, construction observation services, technical services and groundwater monitoring for the INCA stormwater Management Improvements and Water Main Replacement Project. Commissioner McCray requested an explanation from the City Manager why the expense had to be incurred a second time. Mr. Bressner responded there was a dispute with the contractor on the project relating to the performance of the work. The additional engineering services are necessary to assure the work is completed in accordance with the approved plans and specifications. Motion Commissioner McCray moved to approve item VI.c.1. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI. E. Authorize the issuance of a purchase order to Carpenter Electric for the supply and installation of "Transfer Switches" at the Art Center, Senior Center, Public Works, 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Civic Center and City Hall locations that would allow City facilities to operate via generator power. The estimated expenditure is $303,050.85 with a contingency amount of $45,457.63 for a total expense amount of $348,508.48. A member of the audience had asked Mayor Taylor for clarification if the expenditure covered generators also or simply the transfer switches. Mr. Bressner confirmed three generators were available for six buildings and the transfer switches would enable the generators to be easily moved and operational. Motion Commissioner McCray moved to approve item VI.E. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. F. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the Boynton Beach CDC Peacemakers Program. Commissioner McCray asked that a representative from the Boynton Beach CDC Peacemakers Program explain the various aspects of the work done. Steven Miller, 27A Crossings Circle, explained the Peacemakers Program implemented at Poinciana and Galaxy Elementary Schools consists of children that come from economically disadvantage neighborhoods. The afterschool program is geared toward third, fourth and fifth grader participants dealing with anger management, discipline issues and conflict resolution. The focus of the program is the elementary level. Mr. Miller thanked the Commission for past contributions to the program and looked forward to further involvement. Mayor Taylor noted the City had been working with the program for several years and not as a recent reaction to violence. He complimented the success of the program and the individuals involved. Commissioner McCray offered $2,000 of his investment funds to the Boynton Beach CDC Peacemakers Program also. There was consensus to add Commissioner McCray's donation of $2,000 to the agenda. Mr. Miller pointed out Police Chief Immler had also contributed $5,000 to the program. Motion Commissioner McCray moved to approve the $4,000 donation to the Peacemakers Program. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None. IX. CITY MANAGER'S REPORT: None. X. FUTURE AGENDA ITEMS: A. Temporary Housing of Police Department and Code Enforcement (February 13, 2007) B. Feasibility of Saturday hours for the Building Division (March 2007) XI. NEW BUSINESS: A. Development of Gang Intervention Program Vice Mayor Rodriguez expressed his disappointment in the lack of an outpouring of citizen concerns relating to the incident at the Boynton Beach Mall. He suggested a steering committee consisting of clergy, community leaders, elected officials and business leaders should be assembled to intervene proactively. Efforts in the past have not been successful. Motion Vice Mayor Rodriguez moved to appoint a committee for youth outreach to support proactive intervention. Commissioner McCray commented the media coverage was discouraging further development in the City of Boynton Beach with the negative publicity. This made it a problem for the entire City and all the citizens. Commissioner McCray felt the City, along with the Community Redevelopment Agency and Chamber of Commerce should be involved since it had an economic impact on the entire area. All the citizens and elected officials have an obligation to assist in resolving the problem. Commissioner McKoy contended the issue of youth violence and crime was not a new issue for the Commission or the City. At the recent visioning session it had been suggested that a team be established to work closely with the high school to try to impact with students. Commissioner McKoy stressed the problem does start in the younger years and there is an obligation to address the problem. Much is currently being done, but more is needed and all options for funding and programming should be explored. Henderson Tillman, Chair of the Community Redevelopment Agency board emphasized a proactive approach is necessary. He reported at the last Community Redevelopment Agency board meeting all the members expressed concern with the escalation of violence within the City. Mr. Tillman felt dialogue was needed including conflict resolution agendas with a 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 continued proactive approach. A copy of a summit held in Tulsa, Oklahoma was distributed for review. Alice Warren, 1719 Woodfern Drive, reviewed the past proposal of a program called Adopt-a- Cop that she had created. She had organized a city-wide community group; however, the response was minimal. She suggested that the Library be kept open on Sundays to give children and families a place to go. Other suggestions were to create more parks and green space with a moratorium on building and increase police presence within the City. Herb Suss, 1711 Woodfern Drive, volunteered to serve on any committee created to deal with violence and the issue. Ms. Suss congratulated Commissioner Weiland on his appointment and hoped he would continue with the district meetings that had been held with Commissioner Ensler. Bob Kane, 1657 Woodfern Drive, contended there was too much talk and not enough action. Other cities have had the same problem and Boynton Beach should use their experience and expertise to jump start a program here. He noted gangs should not be underestimated because they have organization, structure and discipline. In his opinion mentoring is the key to a successful program and volunteerism would be instrumental. Wanna Ramos, San Castle community in Lantana, indicated her neighborhood and development had worked with the Sheriff's Department and local officials on the problem of gangs and drugs. Ms. Ramos asked for help from the City of Boynton Beach since many of the gangs and their members live in and around her neighborhood, but reside within the City of Boynton Beach boundaries. Mayor Taylor pointed out the City of Boynton Beach was a part of the violent crimes and gangs task forces in the County as well as within the City. Commissioner Rodriguez felt the City should reach out to the community and assist Ms. Ramos and her neighbors in their efforts. He thanked her for appearing to discuss the issue. Jean Kane, 1657 Woodfern Drive, commented the lack of public participation was due to the public being unaware the matter was being discussed. She felt it was the responsibility of each Commissioner to make the citizens in their District aware of the problem. Mr. Bressner announced City staff had gone to the Criminal Justice Commission asking for assistance in developing programs and bringing people into the areas quickly without the need for new buildings and offices. Their request had been granted for an aggregate of programs that will have a steering committee and outreach capabilities to deal with the issues. Mr. Bressner indicating partnering with other organizations such as homeowner associations, the police departments, Recreation and Park and the Community Development Foundation, Mad Dads, Juvenile Transition Center, South Tech, Faith Based CDCs and the CRA is required. He cautioned the programs would take civic engagement and hard work. Some funding had been received and other agencies were being contacted for further funding. Eliminating the boundaries between the City of Boynton Beach and Lake Worth, Lantana, Hypoluxo and the County will be necessary to resolve the problems. 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Mayor Taylor commented much was already being done and further efforts should be closely coordinated. Meetings on a regional and county level have been scheduled along with federal agencies requested by the County to intervene. Mayor Taylor saw the remedy as two phases, prevention and intervention. He supported the programs for the younger children and preventing them from joining gangs. The City of Boynton Beach has more than enough programs, parks, civic centers and activities, but the youth have to be willing to participate with the proper guidance. Many of the gang members are adults and hardened criminals unwilling to cooperate with any programs or people. Intervention by eliminating the cancer on society is needed through increased arrests and constant police presence to rid the City of the gang element. Commissioner McCray inquired if the $300,000 of funding to be received would include monies for additional staffing. Mr. Bressner confirmed it would include staffing and a leadership committee. Commissioner Rodriguez admonished though we can brag about our efforts, those efforts are not eliminating the problem. Accountability for action plans would be needed. He volunteered to accept the responsibility of reporting to the community the efforts that would be made. Mr. Bressner suggested the item remain on the agenda as a review of the youth violence prevention project. He thanked Regenia Scott, Manager of Neighborhood Services, for her work on the project. Commissioner Weiland concurred with many of the comments and believed all the resources are available within the City and County if a coordinated effort is undertaken. The problem can be exterminated. XII. LEGAL: A. Ordinances - 2nd Readinq - Development - PUBLIC HEARING MIRAFLOR 1. Proposed Ordinance No. 06-093 acres. (ANEX 06-009) RE: Annexing 3.87 2. Proposed Ordinance No. 06-094 RE: Amending the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac) (LUAR 06-022) 3. Proposed Ordinance No. 06-095 RE: Rezoning from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) (LUAR 06-022) a. Miraflor (NWSP 06-027) Request for new site plan approval to construct 40 town homes and related site improvements on 3.887 acres in the R-3 Multi-family Residential zoning district. 11 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Attorney Cherof reviewed the items relating to the Miraflor project. He read Proposed Ordinances No. 06-093, 06-094 and 06-095 by title only. (Commissioner Rodriguez left the dais at 8:07 p.m.) Kathleen Zeitler, Planner, reviewed the individual requests and located the property. Staff recommended approval of the annexation, amending the Comprehensive Plan Future Land Use Map and rezoning. Bradley Miller, Miller Land Consulting was present on behalf of the applicant. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-093. Commissioner McKoy seconded the motion. (Commissioner Rodriguez returned to the dais at 8:11 p.m.) Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-094. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-095. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Ms Zeitler related staff recommended approval of a new site plan for 40 town homes with 34 conditions of approval. The County and staff recommended an additional condition of notification to potential residents of the airport land use noise zone for the Lantana airport. Staff did not concur with the County recommendation of alignment of the project with Mentone Road. The additional condition of approval of notification to potential residents regarding the sound wall along 1-95 was added at the first reading of the proposed ordinance. Mr. Miller indicated he was in agreement with the additional condition of approval. He revealed an easement was missing along the title line and the applicant had already anticipated 12 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 accommodating the easement. Any concerns would be corrected during the building permit process. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved for approval of the new site plan with the 35 conditions of approval. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Ordinances - 2nd Reading - Non-development - PUBLIC HEARING 1. Proposed Ordinance No. 07-001 RE: Amending Ordinance 06-050 which consolidated the Children and Youth Advisory Board and the Education Advisory Board to clarify the City of Boynton Beach's Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-001 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-001. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1 % (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Attorney Cherof read Proposed Ordinance No. 07-002 by title only. Mayor Taylor opened the issue for public hearing. Abigail Dennison, 3145 Ocean Parkway, indicated she had closed on a newly built house and was required to pay a $3300 art fee to obtain her certificate of occupancy. She was given two explanations of the fee and wanted clarification of the purpose for the art fee. Ms. Dennison felt the fee was unfair for a single family home that was not within a project. Commissioner Rodriguez noted the fee should have been collected at permit issuance and not at closing. 13 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Mayor Taylor and Commissioner McCray did not understand the fee related to single family homes. Debby Coles-Dobay, Public Arts Administrator, explained the art fee applied to any construction value greater than $250,000 and did not include the land value. Mr. Bressner advised the file should be reviewed. Commissioner Weiland commented increasing homeowner costs placed an undue burden on owners. He suggested the monies for the art program be derived from an alternative source rather than increasing fees for potential homeowners. He would not support the art ordinance in its present state. Commissioner McCray agreed he could not support the fee in this matter. Mayor Taylor concurred. Ms. Coles-Dobay further explained the intent was for the fee to be applied to art in a public accessible area within the City of Boynton Beach. Mr. Bressner suggested the ordinance be amended to apply only to property subdivided or otherwise developed over a number of units rather than individual infill lots. The monies paid should be held in escrow until the matter can be resolved. Commissioner Rodriguez noted a procedural challenge had occurred. Mayor Taylor proposed tabling the matter until the next matter. Motion Commissioner Weiland moved to table Proposed Ordinance 07-002. Commissioner McCray seconded the motion. The motion passed unanimously. After further discussion, there was consensus to authorize release of the entire fee pending resolution of the issue. 3. Proposed Ordinance No. 07-004 RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to December to coincide with the City election sequence. Attorney Cherof read Proposed Ordinance No. 07-004 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner Rodriguez seconded the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Vote City Clerk Prainito called the roll. The motion passed 5-0. C. Ordinances - 1st Reading None D. Resolutions: 1. Proposed Resolution No. R07-014 Re: Appointing a representative to the Palm Beach County League of Cities. Motion Commissioner McCray moved to appoint Commissioner Carl McKoy. Commissioner Rodriguez seconded the motion. Commissioner McKoy accepted the appointment and thanked the Commission for their support. The motion passed unanimously. Motion Commissioner McCray moved to approve Proposed Resolution No. R07-014. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 2. Proposed Resolution No. R07-015 Re: Appointing a representative to the Metropolitan Planning Organization. Motion Commissioner McCray moved to appoint Mayor Taylor. Commissioner McCray would serve as an alternate. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McKoy moved to approve Proposed Resolution No. R07-015. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 3. Proposed Resolution No. R07-016 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association. Motion Commissioner McCray moved to appoint Commissioner Ron Weiland. Commissioner McCray would serve as the alternate. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McKoy moved to approve Proposed Resolution No. R07-016. Commissioner McCray seconded the motion. The motion passed unanimously. 4. Proposed Resolution No. R07-017 Re: Appointing a representative and alternate to the County-wide Intergovernmental Coordination Program 15 Meeting Minutes Regular City Commission Boynton Beach, FL January 16, 2007 Motion Commissioner McKoy moved to appoint Commissioner Jose Rodriguez. Commissioner McCray seconded the motion. Commissioner Rodriguez accepted the appointment. The motion passed unanimously. Motion Commissioner McCray moved to approve Proposed Resolution No. R07-017. Commissioner McKoy seconded the motion. The motion passed unanimously. Commissioner McCray requested the naming of the Boundless Playground in memory of Commissioner Bob Ensler be placed on the next agenda. E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:32 p.m. ~1n.P~ J et M. Pralnlto City Clerk -I ) f tl' , /'" ~."" /// ,~/ A <(L/:: ~/i , ;: . _-.v;.-{t ~/~L. ~ ., th A. Pyle puty City Clerk ATTEST: 16 Bradley Miller, Miller Land Planning Consultants, Inc. PROJECT NAME: APPLICANT'S AGENT: Miraflor at Boynton Beach Oe.,elopmel1t p&l Building Engineering Occ License oeputy City Cler\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT: Miraflor at Boynton Beach, LLC AGENT'S ADDRESS: 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2007 TYPE OF RELIEF SOUGHT: Request approval of a New Site Plan for development of 40 townhomes on a 3.87-acre parcel in the R-3 (Multi-family Residential) zoning district. LOCATION OF PROPERTY: West side of North Seacrest Boulevard across from Mentone Road (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ./' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: !-/q - ~oD7 S: IPlanninglSHARED\ WPIPROJECTSIMiraflorlNWSPIDO .doc CONDITIONS OF APPROVAL New Site Plan Project name: Miraflor File number: NWSP 06-027 Reference: 2nd review plans identified as a New Site Plan with an October 24. 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure (LDR, Chapter 6, Article N, Section 16), or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. 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 Utilities Department 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 Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. '-'V.L....LJJ.J..l.'-J.L....u V.I. rl....l. J. .I.'-'-J'" ~ LL,# CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of settinl! un oroperty and ownership in the City computer, CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 4 DEPARTMENTS INCLUDE REJECT provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 24. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Seacrest Boulevard road right-of-way. CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 5 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25. Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-009), and land use amendment / rezoning (LUAR 06-022). 26. Label Palm Tran bus stop on the site plan and include a detail on plans of an X upgraded bus stop shelter, to be coordinated with Palm Tran. 27. Revise last sentence of note 12 on sheet SP-l to read as follows: "The X established homeowner's association will not allow individual pools or additions, and will not allow the any patios or porches to be modified (i.e. increased in size, enclosed, or screened)." 28. At time of permitting, submit a plan which delineates the limits of the X cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 29. Note on both the landscape plan the amount (sf & %) of site that is pervious X vs. impervious. 30. Revise sign detail on sheet DT-l to change the sign color from Buff to White X Wheat (porter Paint # 148-6883-1) to match the perimeter wall and buildings. 31. Revise Tot Lot Fence and Gate detail and Gazebo detail on sheet SP-2 to X include paint colors that match perimeter buffer wall colors. 32. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Submit copies of the completed art form (on official form). Provide details on site and landscape plans oflocation and general proposal for the public art area. 33. Plan revisions must be reflected on all appropriate sheets throughout the plan set. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 6 DEPARTMENTS INCLUDE REJECT 34. Purchasers shall be informed that sound walls are not being installed as part X of the development of the project, that there is no guarantee that they will be installed, and that the city is not responsible for installation of sound walls within the 1-95 right-of-way or on the subject property. 35. Consistent with County regulations applicable to the Airport Land Use Noise Zone, the developer shall inform each purchaser, prior to execution of a sales X contract, of the potential noise caused by aircraft at the nearby airoort. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Miraflor\NWSP\COA.doc