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Minutes 08-04-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, AUGUST 4,2009 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation and Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced the Northstar Palm Beach, Items XILA.3, 4, 5, and 6 were deleted from the agenda. Items XILA.7 and 8 have requests to be tabled to December 1, 2009. Items XILA.9, 10, 11 and 12 involving Sam's Club were also deleted. There was also a request by staff to table Item XILC.1. Commissioner Rodriguez requested the CRA Board be placed on the agenda for discussion. Mayor Taylor recalled the decision had been made to postpone any discussion until after the budget is finalized. Commissioner Rodriguez clarified that two months had elapsed since the resolution to create the voluntary board had been made and he wanted a timeframe when the board would be created. He felt it was ironic a new board would be created that had not been part of the budget process. Mayor Taylor, Vice Mayor Hay and Commissioner Ross did not want to add the discussion to the agenda. Mayor Taylor declared there was no consensus and the discussion would be addressed in October. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland indicated he was excited to have the Department of Environmental Protection (DEP) approval for the Oceanfront Boardwalk project. He thanked staff who had pushed the project forward. Mayor Taylor inquired why Ocean Ridge had to give approval. Jody Rivers, Parks Superintendent, replied anything built east of the coastal construction line has to be approved by the Town of Ocean Ridge. It is an ordinance and the permit had already been issued. Shade coverings were included in the plans. Commissioner Weiland also conveyed a resident's complaint from Venetian Isles relating to the influx of lily pads and weeds in the canal. He inquired what could be done. Mayor Taylor noted monies had been removed from the budget to clean up the canals. Commissioner Weiland suggested some monies be set aside to ensure the health and welfare of the citizens in the area. Boat travel would be limited and backyard safety concerns could be an issue. Mayor Taylor, along with other Commissioners, had attended the Green Community Alliance Workshop and was impressed with the work that had been done. Commissioner Ross is the liaison for the Commission. Mayor Taylor had also attended the "Mingle" at the Woman's Club with local businesses to discuss availability of programs and assistance with the Chamber of Commerce, City of Boynton Beach, and Community Redevelopment Agency. Helping to retain and expand existing businesses, as well as attracting new businesses was the objective. It was well attended and a great effort by the organizers. Commissioner Ross thanked everyone for supporting the "Mingle" and local businesses. She also thanked Ms. LeJeune and staff for the Green Community Alliance Workshop. The speakers from the U.S. Green Building Council and the State were excellent. Commissioner Ross suggested a City Task Force approach for next year's budget be investigated. Commissioner Weiland added consultants were hired and made recommendations on the budget based on an audit of programs. Mr. Bressner responded a citizen committee had been initiated. Vice Mayor Hay felt it was idea worth exploring. Vice Mayor Hay thanked Mr. Majors and Mr. Livergood for cutting the hedge in front of City Hall in response to citizen complaints regarding the marquee. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 C. Presentations: 1. Proclamations None 2. Presentations a. Presentation by Michael Grosh, Manager of the Boynton Beach Simon Mall Michael Grosh, General Manager of Simon Properties at Boynton Beach Mall, presented a plan for outdoor events the Mall was planning. October of 2010 would mark the 25th Anniversary of the Mall. Exterior events had been allowed for 22 years, until 2007. Local tenants have become the most important focus in malls. Promoting the City with events at the Mall would contribute to the overall goals and objectives of the City of Boynton Beach and the Chamber of Commerce bringing in new businesses. Requests for permits for outdoor events have not been accepted. Deployment of additional police protection for the events would generate additional revenue also. Contributions to the Chamber of Commerce are made for each event. Additional media coverage together with co-sponsorships would bring more public relations to the City and positive exposure. There would also be an influx of consumers to the Congress Avenue corridor. Mr. Grosh estimated the Mall employed 4,000 workers. There were ongoing negotiations with the Green Market to relocate to the mall during the winter months and continue indoors during the summer months. Possible events would include tent sales, antique car shows, carnivals, mini taste events, safety fairs, green living events, firemen's cookoffs, putt-putt for charity, non-profit fairs, car washes, art and craft shows, and Christmas festivals are a few. Mr. Grosh asked for the support of the Commission for 12 to 18 events a year. Glenn Jurgensen, President of the Chamber of Commerce, presented a letter from the Chamber supporting outside events at the Boynton Beach Mall to attract consumer traffic to the Congress Avenue corridor. Making Boynton Beach a destination for consumers to attend the events would enhance exposure to other businesses in the area. Sponsorship money received would be spent on business programs for the community and other services. He felt it would be a valuable resource to have the events and support the business community with additional consumer support. Commissioner Ross recognized the economic engine the Boynton Beach Mall could be in partnership with other organizations. She was particularly interested in the harvest festival concept. Commissioner Rodriguez contended there was a miscommunication between the Mall and the City of Boynton Beach regarding a past agreement. Attorney Cherof explained when City' in the Mall moved out, there was an understanding that the corresponding event agreement expired also. A review of the documentation did not reveal a clear understanding that the contract for City Hall in the Mall until May 2010 coincided with special events for a set period of time. The 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 matter is subject to interpretation and creates an opportunity for resolution of the issue by the Commission as a party to the original agreement. Vice Mayor Hay supported the proposal of Mr. Grosh to give the Mall a stimulus to succeed. The differences should be resolved and the item moved forward to keep the Mall a viable entity for the City. Mayor Taylor agreed everything should be done to promote economic ,;)rowth. The type of events suggested brings people to the Mall and surrounding area and helps the bottom line economically. He was in favor of accepting the applications and processing the permits as soon as possible. Commissioner Weiland agreed and Commissioner Ross hoped it would be expedited for the upcoming season. Attorney Cherof advised the consensus of the Commission could be treated as the City's interpretation of the original agreement through May 31, 2010. Beyond that time, some type of follow-up agreement should be made. Mr. Bressner noted the current zoning would not allow the events. He saw the dispute as a permitting issue. Attorney Cherof added there is a permit required for a special event as defined the Code or in the alternative, a building permit would be needed. Edward Breese, Prinicipal Planner, further clarified shopping centers are allowed to have one- time special events. Ongoing events are a different scenario such as continuous car sales. Car sales are not allowed in the Mall's zoning district. Without an agreement with the Malll zoning issues arise. Mr. Grosh agreed the car sales are not allowed; however, some sales were and he felt confident an agreement could be reached. Mr. Breese reiterated it was the sale of items not allowed in the zoning district that was the issue for staff. Special festivals were not contrary to the zoning regulations. Commissioner Weiland urged staff to move forward as quickly as possible. Mr. Bressner suggested the City Attorney prepare an agreement for Commission approval at the next meeting. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Maria Figueroa, 1630 NW 3rd Lane, returned to the Commission on her request for assistance with repairs at her house from alleged faulty contractor work. Commissioner Rodriguez advised he had requested copies of all the paperwork relating to the home and hoped to visit the home within the next week. Teri Lonergan, 45 Rutland Lane, President of the 300 Property Owners' Association of the Meadows, spoke about the passive park. She reviewed the past actions before the Commission. The owners of the properties within the Meadows were surveyed by letter on the preference for the disposition of the park. Commissioner Ross, a resident of the Meadows, indicated the letter that was sent out was faulty and only 100 of 1,000 residents replied to the letter. Ms. Lonergan requested to allow the architect the opportunity to find out what the homeowners want for the park. The abandoned lot resembled a landfill with grass, in her opinion. The letter, survey resulted in 98 votes for the park and 78 against a park. Commissioner Ross pointed out the details of the letter were flawed and inaccurate. She also stressed the Recreation and Parks 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Advisory Board prioritized this project as number 9 of 9. The expenditure of $60,000 was also a factor for consideration. Mayor Taylor indicated it would be reviewed at the next budget hearing. Commissioner Weiland indicated he had received phone calls as had Commissioner Ross and Vice Mayor Hay, regarding the park. Sunny Garcia, 1631 NW 3rd Lane, did not understand why action was not being taken in a timely manner to help Ms. Figueroa while cleaning the canals got immediate attention. Commissioner Weiland stressed that the northeast section of the City got much more attention and funding than all of the three other quadrants of the City. It would be extremely hard to determine if the problems in the home currently were a result of faulty workmanship four years ago. Mayor Taylor emphasized there were no funds available in the budget to clean any of the canals. Rehabilitation funds originate through SHIP funding and those funds have been drastically cut also. Mr. Garcia repeated his suggestion that the liens placed against the home be dropped so monies can be borrowed to repair the house. Catherine Scantlan, 13 Cedar Circle, indicated she was offended by the comments of Commissioner Ross regarding the faulty survey letter that had been sent out in the ME'adows. Ms. Scantlan reported at the suggestion of another resident, much of the verbiage in the letter was deleted to avoid any bias relating to the project. Don Scantlan, 13 Cedar Circle, the original author of the survey letter, reported the Board had extensively edited the letter and would provide a copy. The architect would be able to determine the extent of the improvements needed and the cost. Other parks in the area had been built while the request for the Meadows Park had been delayed for over 20 years. Mr. Bressner interjected the Knollwood Park was built at the expense of a developer and not the taxpayers. Mr. Scantlan noted impact fees should have generated sufficient funding for the park rather than taxpayer monies. Mr. Scantlan further. reported on the summer youth Workforce Alliance Program as he was the new Director. The City had been a significant participant in the program and Mr. Scantlan offered any assistance he could give to promote the youth and the program. Fifty businesses had responded with 80 job slots. Approximately 60 of the positions had been filled. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of William Poznak as an alternate member of the Planning and Development Board. Motion Vice Mayor Hay moved to accept the resignation of William Poznak. Commissioner Ross seconded the motion. The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 B. Appointments Appointment Length of Term To Be Made Board Expiration Date IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3) IV Ross Cemetery Board Alt 1 yr term to 12/09 (Tabled 2) III Rodriguez Cemetery Board Reg 3 yr term to 12/09 (Tabled 3) I Weiland Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2) II Hay Community Relations Bd. Reg 3 yr term to 12/10(Tabled 2) Motion Vice Mayor Hay appointed Floyd Zonenstein as a regular member of the Community Relations Board. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 Motion Mayor Taylor appointed Myra Jones as an alternate member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09 Mayor Taylor Library Board Alt 1 yr term to 12/09 (Tabled 3) I Weiland Library Board Alt 1 yr term to 12/09 Motion Commissioner Weiland moved to table all remaining appointments. Commissioner Rodriguez 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. Regular City Commission - July 21, 2009 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Approve multi-award of the "ANNUAL BID FOR PIPE FITTINGS AND ACCESSORIES" BID #053-1412-09/MFD, to various vendors on an "AS NEEDED BASIS" for an estimated expenditure of $230,000. 2. Award a contract for RFP #056-161O-09jOD, "GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATIVE (TPA) SERVICES AND/OR FULLY INSURED PLANS, FULLY INSURED DENTAL AND VISION" to Florida Combined Life Insurance Company, Inc. (Blue Cross and Blue Shield of Florida, Inc.) for Medical Coverage and Humana "CompBenefits" for Vision and Dental Coverage. (Proposed Resolution No. R09-l07 Dental) (Proposed Resolution No. R09-l0B Vision) (Proposed Resolution No R09-l09 Medical) C. Resolutions 1. Proposed Resolution No. R09-110 RE: Amending the City of Boynton Beach's State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) to include the addition of the City of Boynton Beach Homebuyer Opportunity Program (FHOP) strategy. 2. Proposed Resolution No. R09-111 Re: Adopting the City of Boynton Beach's One-Year Community D~velopment Block Grant (CDBG) Action Plan for FY 2009/2010 and the contracts for sub-grantees to reflect the proposed expenditures as outlined. 3. Proposed Resolution No. R09-112 Re: Approv:ng and authorizing execution of an Assignment and Assumption Agreement between Metcalf & Eddy, Inc. and AECOM USA, Inc. for Scopes A~ C and D, Water Plant Expansion and Capacity Replacement, Infrastructure Improvements and Repairs and Ancillary Studies and Services. 4. Proposed Resolution No. R09-113 Re: Approving and authorizing execution of an Assignment and Assumption Agreement between Boyle Engineering Corporation and AECOM USA, Inc. for Scope D, Ancillary Studies and Services. 5. Proposed,Resolution No. R09-114 Re: Approv:ng and authorizing execution of Fire Rescue Mutual Aid Agreements between City of Boynton Beach and Boca Raton, Delray Beach and Palm Beach County Fire Rescue Departments. D. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Commissioner Ross pulled item VLD for discussion. E. Direct staff to cease preparation of bid documents to procure contractual garbage (solid waste) collection services from private sector businesses. (Tabled on July 21,2009) Commissioner Rodriguez pulled Item VLE for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Items D and E. Commissioner Rodriguez seconded the motion. The motion passed unanimously. VLD. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. Commissioner Ross pulled Item VLD to bring attention to the nine projects listed and the funds budgeted and status of each project. She thanked staff for the report. Motion Commissioner Weiland moved to accept the report. Commissioner Ross seconded the motion. The motion passed unanimously. VLE Direct staff to cease preparation of bid documents to procure contractual garbage (solid waste) collection services from private sector businesses. (Tabled on July 21,2009) Motion Commissioner Ross moved to remove Item VLE from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Rodriguez advised he had met with Waste Management and provided them with all the budget information and a rate sheet. He requested an evaluation of the data and if monies could be saved by the City of Boynton Beach while maintaining the same service levels and user fees. The response was appropriate profits could be achieved while providing significant contributions of over $800,000 to the City and continuing the current rates and service levels. Commissioner Rodriguez suggested staff continue with the preparation of the bid documents for contractual garbage collection services and allow the City to also participate in the bid process. Mayor Taylor clarified it was $930,000 that the fund contributed to the General Fund. Commissioner Weiland agreed there was a responsibility to investigate the possibility of receiving the same quality of work and funding levels. It should be discussed if the potential for savings existed. Commissioner Rodriguez stressed the inquiry would be exploratory in nature to evaluate the market standards. 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 4,. 2009 Vice Mayor Hay would not support spending any further staff time or money on the issue. Mayor Taylor agreed and stressed the private sector would promise anything just to get the contract. Once all the equipment of the City was gone, the prices would rise and service levels would drop because a monopoly would have been created. Commissioner Ross contended the current system was sufficient and employees do an excellent job. Commissioner Weiland agreed; however, other possible opportunities for savings should be fully analyzed. Mayor Taylor stressed the City had the lowest rates in the area. Commissioner Rodriguez alleged the issue was the return on the investment and the need for benchmarking. Herb Suss, 1711 Woodfern Lane, indicated he would feel uncomfortable with an outside source he could not trust. The low rate and excellent professional service should be maintained with the current department.. Gertrude Sullivan, 201 NE 6th Avenue, expressed her concern for the employees and loss of jobs. Mayor Taylor replied it would affect the current employees and Commissioner Rodriguez responded the Commission could structure the final deal and protect jobs. Mayor Taylor stressed the employees would no longer be City employees. David Katz, 67 Midland Lane, contended the quality of service would diminish and after two or three years, rates would increase and employee layoffs would occur. The City of Boynton Beach has the best sanitation department in the County. Privatization would not benefit the citizens. Motion Vice Mayor Hay moved to approve and direct staff to cease preparation of the bid document to procure contractual garbage (solid waste) collection services from private sector businesses. Commissioner Ross 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 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 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 X. FUTURE AGENDA ITEMS: A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER. FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500j501(c)(3) Discussion (Proposed Resolution No. R09-073) (Tabled to Budget Workshop) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-026 Re: Amending the Land Development Regulations, Chapter 2, Zoning to create a waiver process for minimum setbacks associated with ancillary fueling centers with Planned Commercial Development (PCD) zoning districts annexed into the City. (Tabled on June 2,2009) Attorney Cherof read Proposed Ordinance No. 09-026 by title only on second reading. Motion Commissioner Ross moved to remove the item from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Rodriguez inquired if there were any other Planned Commercial Development districts within the City of Boynton Beach. Mr. Breese replied there were several within the City. Additional annexations were also possible and the change would be a waiver for dealing with non-conformities rather than variances. Motion Commissioner Weiland moved to approve Ordinance No. 09-026. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 2. Proposed Ordinance No. 09-027 Re: Amending the Land Development Regulations, Chapter 2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres. (Tabled on June 2,2009) Attorney Cherof read Proposed Ordinance No. 09-027 by title only on second reading. Mayor Taylor opened the issue for public hearing. Commissioner Rodriguez inquired if there were other cemeteries in Community Commercial zoning districts. Mr. Breese responded the only cemeteries in the City were public operations. The request dealt with cemeteries being accessory to funeral homes. Future annexations could include funeral homes. Hector Sardina, managing member of the Miraflor development, the adjoining property owner to Northstar Palm Beach, expressed his appreciation for the patience of the Commission for tabling the item in the past. Negotiations had been ongoing with Northstar to resolve possible issues. Mr. Sardina felt the ordinance should remain tabled pending any future requests. Attorney Cherof advised the Northstar Cemetery was not inside the City and their application had been withdrawn. The ordinance would have no application to Northstar. Mr. Breese explained there were no regulations relating to a private cemetery and the change would be an enhancement to the current Code. Mayor Taylor favored approving the request and noted Mr. Sardina was aware of the cemetery when he bought the property. The annexation of the Northstar Cemetery and Sam's Club would have benefited the City. The property dispute has not been resolved and the applications for annexation have been withdrawn. Mr. Bressner interjected the dispute was between the two property owners and should not involve the City of Boynton Beach. Attorney Cherof advised the request '(Vas a text amendment. Motion Commissioner Ross moved to remove the item from the table. The motion passed unanimously. Commissioner Rodriguez argued the proposed amendment would affect Mr. Sardina's property within the City. The request has no application at the current time. Attorney Cherof noted many regulations in the Code apply to uses not currently within the City limits. The amendment would allow the use in the future. Motion Commissioner Weiland moved to approve Ordinance 09-027. Commissioner Ross seconded the motion. 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Vote City Clerk Prainito called the roll. The vote was 5-0. NORTHSTAR PALM BEACH 3. Proposed Resolution No. R09-084 Re: Approving and authorizing execution of an Annexation Agreement between the City of Boynton Beach and Northstar Palm Beach, LLC regarding annexation of Northstar Palm Beach Property into the City boundary. (Tabled on June 2,2009) 4. Proposed Ordinance No. 09-004 Re: Approving a request to annex the properties. (Northstar ANEX 09-001) (Tabled on June 2,2009) 5. Proposed Ordinance No. 09-006 Re: Amending the Comprehensive Plan Future Land use Map classification from Institutional (Palm Beach County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002) (Tabled on June 2, 2009) 6. Proposed Ordinance No. 09-008 Re: Approving the rezoning from Palm Beach County Residential Multifamily (RM) to C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled on June 2,2009) NEW URBAN HIGH RIDGE 7. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled on June 2, 2009) 8. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled on June 2,2009) 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 SAM'S CLUB 9. Proposed Resolution No. R09-085 Re: Approving and authorizing execution of an Annexation Agreement between the City of Boynton Beach and Wal- Mart Stores, Inc. regarding annexation of Wal-Mart Stores C'Sam's Club') property into the City boundary. (Tabled on June 2,2009) 10. Proposed Ordinance No. 09-003 Re: Approving a request to annex the properties. (Sam's Club ANEX 09-001) (Tabled on June 2,2009) 11. Proposed Ordinance No. 09-005 Re: Amending the Comprehensive Plan Future Land use Map classification from Commercial High (CHIS) (Palm Beach County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002) (Tabled on June 2,2009) 12. Proposed Ordinance No. 09-007 Re: Approving the rezoning from Palm Beach County Commercial General (CG) to Planned Commercial Development (PCD). (Sam's Club LUAR 09-002) (Tabled on June 2,2009) 13. Proposed Ordinance No. 09-035 Re: Authorizing abandonment of an existing alley located east of North Seacrest Boulevard between Northeast 11th Avenue and Northeast 1ih Avenue. (ABAN 09-002 NE 11th /NE 1P Avenue Alley) Attorney Cherof read Proposed Ordinance No. 09-035 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. Proposed Ordinance No. 09-036 Re: Authorizing abandonment of an unimproved alley approximately 20 feet wide by 206 feet long, totaling 4,135.4 square feet and running north and south adjacent to and parallel with the Florida East Coast Railroad. (ABAN 09- 003 J.R. Watersports) Attorney Cherof read Proposed Ordinance No. 09-036 by title only on second reading. 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Ordinance 09-036. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-032 Re: Amending Land Development Regulations, Chapter 1, Article VIII, "Development Reviews", by adding a new subsection 4, "Review of Zoning Permits and for zoning verification" to enable the review for issuance of zoning permits and zoning verifications. (CDRV 09-005) Attorney Cherof read Proposed Ordinance No. 09-032 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing Motion Commissioner Weiland moved to approve 09-032. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Proposed Ordinance No. 09-033 Re: Amending Land Development Regulations, Chapter 2, Section 4J "Other structures", to establish a minimum setback for driveways and other. similar impervious surfaces. (CDRV 09-005) Attorney Cherof read Proposed Ordinance No. 09-033 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing Motion Commissioner Weiland moved to approve Ordinance 09-033. Commissioner Ross seconded the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 09-034 Re: Amending Land Development Regulations, Chapter 2, Section 11, "Supplemental Regulations", sub-section C, "Non-Residential Uses in Single-family Zoning District" by adding sub-section 4 to allow improvements and expansions of pre-existing places of worship, require improvements to existing facilities and properties and establish maximum limits on facility expansions. (CDRV 09-006) Attorney Cherof read Proposed Ordinance No. 09-034 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 3. Proposed Ordinance No. 09-037 Re: Amending Ordinance 09-019 and the water and sanitary sewer rates established therein; providing for a seven percent across the board rate reduction to all rate categories. Attorney Cherof read Proposed Ordinance No. 09-037 by title only on second reading. Based upon first reading, there was a request for an amendment to Section 2 that would include a provision at the end, as more specifically delineated in Exhibit "A" attached hereto. The exhibit is the 7% across the board rate reduction category-by-category. Herb Suss, 1711 Woodfern Drive, remarked the increases since 1997 had barely met inflation. He urged the Commission to not cut the rates by 7%. Future growth would necessitate borrowing monies with bonds that would require payment of interest. A gradual increase over the last few years would have eliminated the impact of the recent increase. Mayor Taylor and Commissioner Ross favored the rate reduction based on citizen complaints. Vice Mayor Hay added the Realtor's Association was also promoting any possible reduction in the rates. Motion Commissioner Weiland moved to approve Ordinance 09-037. Vice Mayor Hay seconded the motion. 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 09-038 Re: Abandoning the legal description and sketch for the south edge of Las Ventanas development to allow the Board of County Commissioners of Palm Beach County, FL, and the developer of Las Ventanas to expand Woolbright Road for roadway purposes only. Attorney Cherof noted Item XII.C.1 had previously been tabled. 2. Proposed Ordinance No. 09-039 Re: Amending Section 2-28, "Appointment; Removal" of Chapter 2, "Administration", Article II, "City Manager" to eliminate the requirement of a four-fifths vote for removal of the City Manager. Attorney Cherof read Proposed Ordinance No. 09-039 by title only on first reading. Herb Suss, 1711 Woodfern Drive, asserted any future applicants for the City Manager position would hesitate to apply if a simple majority was in place. He maintained a four-fifths vote requirement should be upheld. Commissioner Weiland repeated his belief that the Commission would be "handcuffed" with a four-fifths vote requirement. The hiring or firing of a City Manager is a politically charged issue. He promised his previous issues with the City Manager and probable future issues were not the premise for the requested change. Commissioner Weiland commended the many accomplishments of Mr. Bressner. Vice Mayor Hay would not support the change. It was an important issue and should require a strong majority simply because it would be a very political issue. Future candidates for the City Manager position would be uncomfortable with a simple majority. Mayor Taylor concurred. Commissioner Ross also agreed with Vice Mayor Hay's comments. Motion Commissioner Weiland moved to deny Ordinance 09-039. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resol utions: 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 4, 2009 None 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 8:19 p.m. CITY OF BOYNTON BEACH ~ Ronald Wriland, Commissioner I ATTEST: ~J ". . '/,k.', '.- /' :.,1/ / ~07('/ A " .' tn. ~ ~Odro~ L.tlay, ~ornmissio /?1;~ ' c..- /&2~ ~A~' Marlene Ross, Commissioner 17