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Minutes 04-04-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 4, 2006, AT 6:30 P.M. Present: Gerald Taylor, Mayor Carl McKoy, Vice Mayor Mack McCray, Commissioner Robert Ensler, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager Jamila Alexander, Assistant City Attorney Judith Pyle, Deputy City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Randall Gill- First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Ensler Mayor Taylor called the meeting to order at 6:27 p.m. followed by the Invocation given by Reverend Randall Gill. Commissioner Ensler led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion A motion was made by Commissioner McCray to approve the agenda as presented. Commissioner Ferguson seconded the motion that unanimously passed. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray thanked the Commissioners, Recreation and Parks staff, other City staff and the citizens of Boynton Beach who attended the ceremony at Wilson Center on March 31, 2006. The demolition took place, as a beginning to the new center. Commissioner McCray remarked this is the first positive step he has seen in this area in a long time and encouraged all to continue to work together. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None. Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Fair Housing Month - April 2006 b. Water Conservation Month - April 2006 c. National Library Week - April 2-8, 2006 Mayor Taylor read the Fair Housing Month Proclamation. There was no one present to receive the Proclamation. Mayor Taylor read the Water Conservation Month Proclamation. Kofi Boateng, Utilities Director, was present to receive the Proclamation. Mayor Taylor read the National Library Week Proclamation. It was also noted National Library Day was Tuesday, April 4, 2006. Craig Clark, Interim Library Director received the Proclamation and thanked the City Manager and Commission for their support of the library. 2. Presentation by the Community Redevelopment Agency (CRA) to discuss City Commission support for a partnership between the CRA and the Heart of Boynton Self-Assembly Group to develop a conceptual site plan and feasibility analysis for development in the Heart of Boynton. Mr. Bressner requested this item be continued to a future meeting. 3. Presentation by Mike Szrejter, President Tomodachi Judo Club to honor Commissioner Bob Ensler on his promotion to Black Belt in the United States Judo Association. Mr. Szrejter recognized Commissioner Ensler and his elevation to Black Belt Judo status and extolled Commissioner Ensler as the reigning World Master Champion and Pan American Champion for the last two years, taking gold medals each year. This year, he is scheduled to compete in the World Master's Competition in France. He also thanked the City Commission for their financial assistance for the children and scholarships to the International Camp Tomodachi held each year. Commissioner Ensler commented you are never too old to do something. He encouraged individuals to take a challenge in any area and set the bar high and work towards it. IV. PUBLIC AUDIENCE: 2 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 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.) Mayor Taylor opened the floor for public comment. David Zimet, Boynton Beach Faith Based Community Development Corporation, thanked the Commission for their support of affordable housing. He reported there are a few issues pending, especially inclusionary zoning, and a great deal of progress has been made. He hoped this could be addressed and moved forward because the problem remains. Herb Suss congratulated Commissioner McCray regarding the Wilson Center. If there were any issues the Commission needed counsel on, he offered his services. Talina Zadian, a business owner at Boynton Beach Mall requested assistance. She had a store in the mall and desired to move the store into a kiosk. She encountered difficulty with the plans review regarding a new code for kiosks as it pertained to fire retardant materials. She explained she does not know where she can have a kiosk made to meet that Code, because the kiosk manufacturers are not aware of any fire non-combustible wood. Mayor Taylor referred her to the Fire Chief who was present to assist her. Mayor Taylor closed the floor to public audience. V. ADMINISTRATIVE: A. Accept the resignation of Jean Cairo, regular member of the Education Advisory Board. Motion A motion was made by Commissioner Ferguson to accept the resignation as above. Commissioner McCray seconded the motion that unanimously carried. B. Accept the resignation of Deborah Nesbit, alternate member of the Arts Commission. Motion A motion was made by Commissioner Ferguson to accept the resignation as above. Commissioner McCray seconded the motion, which unanimously carried. Mayor Taylor thanked the individuals for their time and service to the City. C. Appointments to be made: 3 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Mayor Taylor explained the procedure to appoint individuals. Appointments made by the Commissioners would be approved with one motion per board. The sequence of appointments would be regular members first, then alternates. III IV Mayor I II III IV Mayor II Ferguson McKoy Taylor Ensler McCray Ferguson McKoy Taylor Ensler Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt Alt Reg Reg Reg Reg Stu/Reg/Voting Stu/Reg/Voting Stu/Reg/NonVoting 1 yr term to 4/07 Tabled(3) 1 yr term to 4/07 Tabled(3) 2 yr term to 4/08 2 yr term to 4/08 2 yr term to 4/08 2 yr term to 4/08 1 yr term to 4/07 1 yr term to 4/07 1 yr term to 4/07 Mayor Taylor appointed Mary Morera. Commissioner Ensler appointed Steve Waldman. Vice Mayor McKoy appointed Christine Hogenkamp. Mayor Taylor appointed Robert Chiste. Motion A motion was made by Commissioner McCray to approve the appointments for the Advisory Board on Children and Youth. Commissioner Ferguson seconded the motion that unanimously carried. III Ferguson IV McKoy Mayor Taylor I Ensler Arts Commission Arts Commission Arts Commission Arts Commission Reg Reg Alt Alt. 3 yr term to 4/09 3 yr term to 4/09 1 yr term to 4/07 1 yr term to 4/07 Commissioner Ferguson appointed Cheryl Arflin. Vice Mayor McKoy appointed Nubia Richman. Mayor Taylor appointed Barbara Lentz. Motion A motion was made by Commissioner Ensler to approve the appointments for the Arts Commission. Commissioner McCray seconded the motion that unanimously carried. City Manager Kurt Bressner indicated the appointment of Barbara Lenz, was as an alternate on the Arts Commission. He requested clarification if Ms. Lenz could be elevated to a regular member when a vacancy opened on the Arts Commission. Motion Mayor Taylor agreed she should be elevated and explained that would be his motion. Commissioner Ferguson seconded the motion that unanimously passed. IV Mayor I II McKoy Taylor Ensler McCray Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Reg Alt Alt 3 yr term to 4/09 3 yr term to 4/09 1 yr term to 4/07 1 yr term to 4/07 Vice Mayor McKoy appointed Michael Bessell. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Mayor Taylor appointed Robert Bonagura. Commissioner Ensler appointed Brita Peterson. Motion A motion was made by Commissioner McCray to approve the appointments for the Building Board of Adjustments and Appeals. Vice Mayor McKoy seconded the motion that unanimously passed. I II III Ensler McCray Ferguson Cemetery Board Cemetery Board Cemetery Board Alt Reg Reg 1 yr term to 4/07 Tabled (3) 3 yr term to 4/09 3 yr term to 4/09 Commissioner McCray appointed Susan Morrison. Commissioner Ferguson appointed Harry Hatch. Motion Commissioner Ensler moved to approve the appointments for the Cemetery Board. Commissioner McCray seconded the motion that unanimously carried. II III IV Mayor McCray Ferguson McKoy Taylor Code Compliance Board Code Compliance Board Code Compliance Board Code Compliance Board Alt Alt Reg Reg 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 3 yr term to 4/09 3 yr term to 4/09 Vice Mayor McKoy appointed Christopher De Liso. Mayor Taylor appointed Michele Costantino. Motion A motion was made by Commissioner Ensler to approve the appointment for the Code Compliance Board. Commissioner McCray seconded the motion that unanimously passed. IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/09 I Ensler Community Relations Board Reg 3 yr term to 4/09 II McCray Community Relations Board Reg 3 yr term to 4/09 II Ferguson Community Relations Board Alt 1 yr term to 4/07 Mayor Taylor appointed Eddie Mitchell. Commissioner Ensler appointed Brian Miller. Commissioner McCray appointed Stanley Sorgman. Motion A motion was made by Commissioner McCray to approve the appointments for the Community Relations Board. Vice Mayor McKoy seconded the motion that unanimously passed. III IV Mayor I Ferguson McKoy Taylor Ensler Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Alt Reg Reg Reg 1 yr term to 4/07 Tabled (3) 2 yr term to 4/08 2 yr term to 4/08 2 yr term to 4/08 5 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 II III IV Mayor I McCray Ferguson McKoy Taylor Ensler Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Reg Reg Alt Stu Stu 2 yr term to 4/08 2 yr term to 4/08 1 yr term to 4/07 1 yr term to 4/07 1 yr term to 4/07 Vice Mayor McKoy appointed Susan Buchanan. Motion A motion was made by Commissioner Ferguson to approve the appointment for the Education Advisory Board. Commissioner McCray seconded the motion that unanimously passed. Commissioner Ensler noted it has been difficult to obtain enough individuals to make up a quorum for the Education Advisory Board. He requested a future agenda item regarding combining the Education Advisory Board and the Advisory Board on Children and Youth. There was consensus this was acceptable. IV Mayor I II McKoy Taylor Ensler McCray Library Board Library Board Library Board Library Board Alt Reg Reg Alt 1 yr term to 4/07 Tabled (3) 3 yr term to 4/09 3 yr term to 4/09 1 yr term to 4/07 Mayor Taylor appointed Barbara McGee. Commissioner Ensler appointed Jeannie Taylor. Motion A motion was made by Commissioner McCray to approve the appointments for the Library Board. Commissioner Ensler seconded the motion that unanimously passed. Mayor I II III IV Mayor Taylor Ensler McCray Ferguson McKoy Taylor Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Reg Reg Reg Reg Alt Alt 2 yr term to 4/08 2 yr term to 4/08 2 yr term to 4/08 2 yr term to 4/08 1 yr term to 4/07 1 yr term to 4/07 Mayor Taylor appointed Roger Saberson. Commissioner Ensler appointed Joe Baldwin. Commissioner McCray appointed Woodrow Hay. Commissioner Ferguson appointed Sergio Casaine. Vice Mayor McKoy appointed Sharon Grcevic. Mayor Taylor appointed Diana Johnson. Motion A motion was made by Commissioner Ferguson to approve the appointments for the Planning and Development Board. Commissioner McCray seconded the motion that unanimously passed. III IV Mayor Ferguson McKoy Taylor Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg Reg Reg 3 yr term to 4/09 3 yr term to 4/09 3 yr term to 4/09 6 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 I II III Ensler McCray Ferguson Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg Alt Alt 3 yr term to 4/09 1 yr term to 4/07 1 yr term to 4/07 Commissioner Ferguson appointed Bill Orlove. Vice Mayor McKoy appointed John Allard. Mayor Taylor appointed Betty Pierce. Commissioner Ensler appointed Patti Hammer. Commissioner McCray appointed Jack McVey. Motion A motion was made by Commissioner McCray to approve the appointments for the Recreation and Parks Board. Vice Mayor McKoy seconded the motion that unanimously passed. III Ferguson Senior Advisory Board Reg 2 yr term to 4/08 IV McKoy Senior Advisory Board Reg 2 yr term to 4/08 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/08 I Ensler Senior Advisory Board Alt 1 yr term to 4/07 II McCray Senior Advisory Board Alt 1 yr term to 4/07 Commissioner Ferguson appointed Denise Chamberlain. Vice Mayor McKoy appointed Elizabeth Jenkins. Mayor Taylor appointed R. L. James. Commissioner Ensler appointed Betty Spinelli. Motion A motion was made by Commissioner McCray to approve the appointments to the Senior Advisory Board. Vice Mayor McKoy seconded the motion that unanimously passed. Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 4/09 I Ensler Veterans Advisory Commission Reg 3 yr term to 4/09 II McCray Veterans Advisory Commission Alt 1 yr term to 4/07 III Ferguson Veterans Advisory Commission Alt 1 yr term to 4/07 IV McKoy Veterans Advisory Commission Alt 1 yr term to 4/07 Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 4/07 Mayor Taylor appointed Lester McKinzie. Commissioner Ensler appointed David Buckner. Commissioner McCray appointed Harvey Oyer. Commissioner Ferguson appointed Cramer Hegemen. Vice Mayor McKoy appointed Stuart Preston. Mayor Taylor appointed Stanley Gavlick. Motion A motion was made by Commissioner McCray to approve the appointments for the Veterans Advisory Commission. Vice Mayor McKoy seconded the motion that unanimously passed. I Ensler Employees' Pension Board Reg 3 yr term to 4/08 7 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Appointments were tabled. D. Selection of Chair and Vice-Chair of Community Redevelopment Agency (CRA). Commissioner McCray indicated a recent newspaper article regarding the CRA Board was offensive. He felt that the City Commission is in the sole position to appoint a Chairman and Vice Chairman and action on this item should be deferred until further information relating to the news article is obtained. Commissioner Ensler seconded Commissioner McCray's motion to defer the item. Assistant City Attorney Alexander indicated there could be no discussion other than the agenda item to appoint the Chair and Vice Chair of the CRA. The Board discussed whether to table the item and whether the Board should be abolished and new appointments made. It was noted there was no intent to abolish the CRA and it was a non-profit, independent Board. When created, the Board was heavily loaded with individuals in the real estate industry. The City Commission decided to appoint a new Chair and Vice Chair. Commissioners McCray and Ensler withdrew the prior motion and second. Motion Vice Mayor McKoy made a motion to proceed with the appointment of a Chair and Vice Chair of the CRA. Mayor Taylor opened the floor for nominations. Motion Vice Mayor McKoy nominated Henderson Tillman as Chairman of the CRA Board. Commissioner McCray seconded the nomination. Motion Commissioner Ferguson nominated Jeanne Heavilin. Commissioner Ensler seconded the nomination. There being no further nominations Mayor Taylor closed the nominations. Vote The Deputy Clerk called the roll for Mr. Tillman. The vote was 4-1 in support of Mr. Tillman (Commissioner Ferguson dissenting). Since only three affirmative votes are needed to appoint Mr. Tillman, the second nomination for Ms. Heavilin died. Mayor Taylor opened the floor for nominations for Vice Chairman. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Motion Commissioner McCray nominated Stormet Norem. Commissioner Ferguson seconded the nomination. There were no other nominations. Mayor Taylor closed the nominations. Vote The Deputy Clerk called the roll and the nomination 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 - March 17, 2006 2. Regular City Commission - March 21, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. None. C. Resolutions: 1. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Elizabeth Meeker & Penny Cunningham for the property at 1228 Ridge Rd., Lake Worth, FL (Ridge Grove Lt. 124). 2. Proposed Resolution No. R06- RE: Approving and authorizing execution of the Memorandum of Understanding (MOU) between the City of Boynton Beach and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, Local 1227, Blue Collar Bargaining Unit to provide green City-logo sweatshirts. D. Return cash bond of $15,228.40 to RCCI, LLC for the project known as Shoppes at Renaissance Commons (Bldg #5). E. Approve the "Surplus Vehicle List" for one (1) item as submitted by the Public Works/Fleet Maintenance and allow for the sale of same. Motion A motion was made by Commissioner McCray to approve the consent agenda. Vice Mayor McKoy seconded the motion which unanimously passed. 9 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 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 A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: Proposed Use: Tuscan Villas (aka The Villas at Boynton Beach ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Blvd. Request to annex 1.407-acre parcel into the city. (1st Reading of Proposed Ordinance No. 06-030) Tuscan Villas (aka The Villas at Boynton Beach LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Blvd. Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) to Special High Density Residential (SHDR). (1st Reading of Proposed Ordinance No. 06-031) Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). (1st Reading of Proposed Ordinance No. 06-032) 22 townhouse-style condominium units on 1.407 acres. 1. Tuscan Villas (aka The Villas at Boynton Beach) (NWSP 06-002) Request new site plan approval to construct 22 townhouse style condominium units and related site improvements on 1.407 acres in the Infill Planned Unit Development (IPUD) zoning district Assistant City Attorney Alexander administered the oath to all who would be testifying. There was consensus to discuss all three items together. Wendy Tuma, of Urban Design Studios, gave a PowerPoint presentation outlining the project and the requested changes. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Mike Rumpf, Planning and Zoning Director, explained staff discussed the source of water for irrigation with the Utilities Department and reported it is unlikely there would be an alternative to potable water because of the quality of the groundwater. He explained staff had asked the applicant to consider converting the landscaping to drought resistant species. Mr. Rumpf announced the applicant has submitted the required Arts in Public Places Form. The amount for this project is $50,000 which is broken down as 30% going to administration and 70% designated for the piece. This payment is made prior to or at the time of permit. Mr. Rumpf responded to a prior issue of compatibility with the surrounding properties. He explained the Special High Density Residential land use classification is consistent with the Comprehensive Plan which was established prior to 1990, for the purposes of spurring redevelopment. In contrast to the spotted commercial development presently there, and the intensity of the corridor, the density is a good compromise. It is consistent with many of the preceding projects that have been processed and approved. Mr. Rumpf noted this project does not come in at the maximum density, but less, at 16.4 units per acre. Other communities in the area are Seaview which has 17 units per acre and is adjacent to single family homes. Waterside has 16 units per acre. Bayfront has 20 units per acre. Yachtsman Cove has 18 units per acre, also immediately adjacent to single-family homes. Staff recommended approval of all items, the annexation, the land use amendment, rezoning, and site plan approval contingent upon the conditions of approval. Commissioner Ensler noted the CRA review showed they felt the fac;ade was too smooth and was uninteresting, and the crown above the arched window looked cramped. The applicant agreed to put some small outriggers on the tower and crown to reduce crowding of the arches. Mr. Rumpf responded those were addressed in Conditions of Approval numbers 34, 35 and 36. Commissioner Ensler also asked if the approval should be conditioned upon payment of the fee for Art in Public Places and the applicant will maximize the use of drought tolerant landscaping. Mr. Rumpf clarified the Arts fee, at this juncture, is still preliminary and only for building permit purposes is the valuation official. It could actually come in more or less based upon the construction drawings. The developer can stipulate they will pay the Arts fee pursuant to the Ordinance. Assistant City Attorney Alexander read Ordinance No. 06-030 into the record. Motion Commissioner Ferguson made a motion to approve item VIII. A. Commissioner McCray seconded the motion. Mayor Taylor expressed this was a big improvement for that area. Vote The Deputy Clerk called the roll and the motion unanimously passed. Assistant City Attorney Alexander read Ordinance No. 06-031 into the record. 11 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Motion Commissioner Ferguson moved to approve item VIII. B, Land Use Classification Change. Vice Mayor McKoy seconded the motion. The Deputy Clerk called the roll and the motion unanimously passed. Assistant City Attorney Alexander read Ordinance No. 06-032 into the record. Motion Commissioner Ferguson moved to approve item VIII.B, rezoning. Commissioner McCray seconded the motion. Vote The Deputy Clerk called the roll and the motion unanimously passed. Commissioner Ensler requested a condition of approval for the site plan be that the applicant will use drought tolerant landscaping and they have selected to pay the 1 % Art fee. It was noted the applicant could always change their mind. It is the position of the Arts Commission to promote art on the site, and scatter the benefit around. Motion Commissioner Ferguson moved to table item VIII B 1. Commissioner McCray seconded the motion which unanimously passed. IX. CITY MANAGER'S REPORT: A. Update on City's position on minority contracts Assistant City Manager, Wilfred Hawkins, reported Bobby Jenkins and Bill Mummert worked on this project and explained staff researched how the City could develop a methodology to work closer with minority businesses. Mr. Hawkins explained they reviewed other municipalities and evaluated how to move forward with addressing this issue. The options identified were, basically not doing anything other then specific efforts by staff, all the way to having a full blown formalized program. Bill Mummert, Finance Director for Boynton Beach, presently has an online system called DemandStar that is used to broadcast the City's bid opportunities. At the bottom of the broadcast is a notice that Boynton Beach encourages minority and women owned businesses to apply, however, the ads placed in the Palm Beach Post and other publications do not include any reference or line item encouraging minority owned participation. There is a voluntary form included in the City's bid package identifying whether they are minority owned or not. There is no other accounting of whether the award was given to the minority business or not. He distributed a handout of other municipal small and minority business efforts. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Mr. Hawkins indicated there are three options available. The first option was a full set-aside program. This would require the City to adopt, via Ordinance, specific goals that would track and set aside specific amounts of dollars that would be awarded to small businesses and minority firms. Case law requires an extensive study of the last five years awards to determine any adverse impacts or disadvantages, and then show there is a disparity that needs to be corrected. The second option is a hybrid used by the school board. There are listings of goals, how to solicit minority contractors and how to conduct education. This is a more formalized program which would entail allotting funds to these businesses to reach their goals. The third option involves setting up a department to monitor and administer a formalized program. Durham, North Carolina was used as a model for this option. He noted West Palm Beach has a department for this, but no formalized process at the moment. The school district has an extensive program and monitors the program to ensure they meet their goals and federal regulations. This third option allowed the City to set up goals but would not set any allocation amounts to any particular small or minority owned businesses. It is more of a partnership concentrating on education, assisting small and minority businesses to aspire to do business with governmental agencies, thereby promoting and encouraging small businesses and minorities to apply. Mr. Hawkins recommended this third option be put in place. Additionally, he thought the study should still be undertaken to identify what the private sector sees as an impediment to doing business with the City, help set realistic goals and determine what internal changes could be made to attract small and minority businesses. The program would require dedication but would ensure success. In addition to the aforementioned, some considerations the Legal Department had were the program must be understood and realistic goals set prior to commencing implementation. Commissioner Ferguson was opposed to further studies. He expressed there could be set asides Further comments received were Boynton Beach was not listed on the handout and there are other agreements and interlocal agreements in place. It was suggested since the wheel has already been invented, one could be selected and modeled. There are minority owned papers where bids could be published. Mr. Hawkins noted one clear cut issue was identified through the research. Advertising alone may not be sufficient and many small and minority businesses are not attracted by advertising. Additional steps can be taken and there are minority owned papers that bids can be published in. West Palm Beach has partnered with the Black organizations and the Hispanic Chamber of Commerce and are actually going out and conducting education sessions. It was expressed there should be some type of representation since the resources are out there and should be utilized. The procedure in Palm Beach County assigns a percentage of minority owned businesses to a project who has to meet it or exceed it. If they cannot meet it, the business must explain why. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Mr. Hawkins explained he was outlining options to the Board at this time and it was important that whatever program is implemented remains in place in the future. It was recommended Mr. Hawkins check with the County on their program. The program in place at Delray Beach was discussed. It was recommended getting a copy of their program and the school district policies. Commissioner Ensler suggested taking simple actions now. He thought setting up a database of registered minority and small businesses, registering them, indicating what their capabilities are, could be implemented now. Mr. Hawkins will write a formalized program whether by ordinance or policy. This issue will be written down and memorialized. B. Review Mayor's request for a Community-Based Visioning Process Mayor Taylor explained 10 years ago, 100 community members gathered and conducted a visioning session for the City. Since then, much has changed; the CRA Board was not in existence at that time. He expressed the community sets the course and the City Commission steers the ship. He requested the City Commission agree and have the City Manager move forward and set up this process. The Commission expressed developers should be included in this process and the City should attempt to obtain financing from an outside source. A steering committee was set up for the last session and a facilitator from FAU American Assembly assisted which could be the same process used this time. There was concern the last plan results were not implemented. Mayor Taylor explained a 10 member team was put in place to ensure that it was, and disbanded after two years. If a study is done, then a committee should ensure it is followed. There was consensus to move forward with this item. Mr. Bressner will come back with a template and try to keep the process as close to the original process as possible. This will include a steering committee, giving rise to the overall attendees for the strategic planning and an implementation committee thereafter. X. FUTURE AGENDA ITEMS: A. Future location options for City Hall - April 18, 2006 B. Requirement for underground utility lines for all new development - May 2, 2006 C. Increasing Community Investment Funds - May 2006 D. Cellular 911 Dispatch - May 2006 E. Utility Service Area Analysis - June 2006 F. Review of Recreation & Park Fees - June 2006 XI. NEW BUSINESS: 14 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 06-024 RE: Abandoning a portion of SW ih Street abutting residential property located at 504 SW ih Street in Lake Boynton Estates. Abandonment consists of a shell rock stub street 50 feet in width by 120 feet in length and a total of 6,000 square feet (0.138 acre) in area. (504 SW ih Street ABAN 06-002) Assistant City Attorney Alexander read Ordinance No. 06-024 into the record. There were no comments received from the applicant, staff or the general public. Motion A motion was made by Commissioner McCray to approve item XII A. 1. Commissioner Ferguson seconded the motion. The Deputy Clerk called the roll. The motion passed unanimously. 2. Proposed Ordinance No 06-025 RE: Amending Part III, Land Development Regulations, Chapter 1, Article V, Impact Fees and Dedications, by deleting Section 3 and adopting a new Section 3, Parks and Recreation Facilities Impact Fee, providing for and establishing procedures for the calculations and collections of a Park and Recreation Facilities Impact Fee. Mr. Rumpf explained the Ordinance amended the Code to specify the timing staff, an applicant, or the Commission, could consider whether land would be dedicated in connection to a development project or a fee collected in lieu of. The Code presently indicates the City Commission as the determining entity. By the time Commission reviews the project, however, considerable dollars have been spent. This would allow for the staff and the applicant to address the issue early on in the process. Assistant City Attorney Alexander read Ordinance No. 06-025 into the record. Motion A motion was made by Commissioner McCray to approve item XII.A. 2. Ferguson seconded the motion. The Deputy Clerk called the roll. The unanimously. Commissioner motion passed 3. Proposed Ordinance No. 06-026 RE: Amending City Code of Ordinance, Section 18-135 to establish procedures for the election of the three (3) elected Trustee positions of the General Employees' Pension Board. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Assistant City Attorney Alexander read Ordinance No. 06-026 into the record. Motion A motion was made by Commissioner McCray to approve item XII. A. 3. Commissioner Ferguson seconded the motion. The Deputy Clerk called the roll. Motion unanimous. 4. Proposed Ordinance No. 06-027 RE: Amending Chapter 18, Article II, Section 4 of the Code of Ordinances for the City of Boynton Beach to create Section 18-128, Entitled "Elective Benefits;" codifying the elective benefits available to members of the General Employees' Pension Plan. Assistant City Attorney Alexander read Ordinance No. 06-027 into the record. This item clarified the elective benefits for the General Employees Pension Plan Motion A motion was made by Commissioner McCray to approve item XII. A. 4. Vice Mayor McKoy seconded the motion. The Deputy Clerk called the roll. Motion unanimous. 5. Proposed Ordinance No. 06-028 RE: Amending Ordinance 04-050, pertaining to Section 18-81 of the City of Code of Ordinances, General Employees' Pension Plan, to re-open the open enrollment period during which current members of the General Employees' Pension Plan may exercise a one time opportunity to purchase service credits for prior military service. Assistant City Attorney Alexander read Ordinance No. 06-028 into the record. Commissioner Ensler indicated this was the City's way of thanking the Veterans for their service. Motion A motion was made by Commissioner McCray to approve item XII. A. 5. Commissioner Ensler seconded the motion. The Deputy Clerk called the roll. Motion unanimous. B. Ordinance - 1st Reading 1. Proposed Ordinance No. 06-029 RE: Approving de- annexing from the City of Boynton Beach, a parcel of land located at 2200 Lake Drive, which is not contiguous to the City. (Tabled to 4/4/06) Motion A motion was made by Commissioner McCray to move this item from the table. Vice-Mayor McKoy seconded the motion which unanimously passed. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 Assistant City Attorney Alexander read Ordinance No. 06-029 into the record. Motion A motion was made by Commissioner McCray to approve item XII. A. 5. Commissioner Ferguson seconded the motion. The Clerk called the roll and the motion unanimously passed. C. Resolutions: 1. Proposed Resolution No. R06-075 RE: Approving and authorizing execution of the Interlocal Agreement between the City of Delray Beach and the City of Boynton Beach regarding the maintenance of the Lake Drive Bridge. (Tabled to 4/4/06) Motion Commissioner McCray moved to remove this item from the table. Commissioner Ferguson seconded the motion that unanimously passed. There were no comments on this item Motion Commissioner Ferguson moved for approval. The motion was seconded by Commissioner McCray which unanimously passed. 2. Proposed Resolution No. R06-057 RE: Declaring the public necessity of acquiring the commercial condominium units designated as suites 101, 102, 104 and 209 within the First Financial Plaza for the purpose of acquiring fee simple, required for the elimination of blight and slum and future construction of improvements to the City's original Redevelopment area and for vehicular and pedestrian access and public parking within the City of Boynton Beach, F'L. (Tabled on 3/21/06) pryse Elam, the developer for the Ocean One project was present and explained there were 35 unit owners at the First Financial Building. Negotiations were successful with 31 of the unit owners. The four remaining owners were holding out largely over economics. He explained they are paying a significant premium over market to get these existing units. The four owners were interested in significant additional incentives that they could not overcome. Gene Moore, Attorney, requested the City Commission's assistance. He represented 89%, or 31 of the unit owners at the building. He explained the negotiated price was eminently fair and substantially higher than any appraisal they obtained on the individual units. They have made every effort to gain the remaining four owner's consent. In light of this, the condominium association has unanimously requested the City Commission allow them to put the deal together. He explained the building is 29 years old and does not fit in with the downtown redevelopment plans for that area. He conveyed the association does not want to lose the deal. He explained the four remaining owners have the right to take the position they hold, but 17 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 they should be given the privilege of having a jury determine what the fair market value for the units would be which can only be attained through eminent domain proceedings. Mr. Moore confirmed the condominium association was in support of the proceedings and emphasized the offers were fair and substantial. Mr. Don Fenton spoke about eminent domain. He indicated the United States Constitution requires just compensation for public use. He explained this is not a public use, rather it is a stretch for a public use case. He expressed it was hard to believe the First Financial Plaza qualifies for a blighted piece of property. He wanted to know why the other units were not considered blighted properties. He asked if it were morally correct to expropriate for eminent domain a property that is not blighted for the ultimate gain in the tax base. It was clarified, this was not about taking a person's home, it was about a building the owner wants to redo as part of the redevelopment project. If it were a home it would be a whole different matter. Motion A motion was made by Commissioner Ensler to approve item XII. C. 2. Commissioner Ferguson seconded the motion that unanimously carried. D. Other: None. XIII. UNFINISHED BUSINESS: A. Continued Discussion of Adaptive Re-use of Golf Course and Landfill Parcels Mayor Taylor announced he requested this item be placed on the agenda. He explained the landfill has been covered over for many years and it abuts the golf course. Private developers have been looking at the property and could bring proposals forward. He suggested putting out a Request for Proposals (RFP) to see what comes back. There is no obligation to do anything. Commissioner Ensler expressed the need for green space. He announced developers are looking at these properties because there is a lot of land and lots can be done there. He thought it was a bad trend. He had no objections to developing a plan, but was not in favor of housing. Herb Suss, Wood Fern Drive, was present and indicated the golf course is pristine and will be recognized by the National Audubon Society. The golf course needs six months more to be recognized naturally as a nature preserve. He expressed recreational and green space areas are needed. Mr. Bressner had put together four basic alternatives as a result of a prior discussion on the golf course and requested additional clarification from the Commission. His perception was the golf course could be extended into the landfill and there would not be any housing on the landfill 18 Meeting Minutes Regular City Commission Boynton Beach, Florida April 4, 2006 portion. The Commission was interested in seeing the improvements to the golf course and if homes were included, then the location of the homes would need to be noted. Some members expressed they did not want housing on the landfill. Mr. Bressner will have the four options discussed at a prior meeting included in the feasibility study that will come back with the proposals. XIV. ADJOURNMENT There being no further business, the meeting adjourned at 8: 19 p.m. CITY OF BOYNTON BEACH -- ATTEST: om. loner ~ 7JlJ 'L- Tmissioner /..~' ~ Commissioner ~r'~ 19 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. license Deputy City Clerkl V PROJECT NAME: 504 SW 7th Street (ABAN 06-002) APPLlCANTS/ AGENTS: Thomas and Christine Ruffini APPLICANT'S ADDRESS: 504 SW 7th Street, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21,2006 TYPE OF RELIEF SOUGHT: Request abandonment of SW 7th Street, a 50 foot right-of-way, the portion located between Lot 1, Block 21 and Lot 16, Block 22 of Lake Boynton Estates, Plat 2. LOCATION OF PROPERTY: Located south of the intersection of SW 4th Avenue and SW 7'h Street, and west of 504 SW 7th Street, near the south boundary of Lake Boynton Estates. 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 X 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 X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~ DATED: 1h/o(p ~~_~ I · City Clerk S:\Planning\SHARED\WP\PROJECTS\S04 SW 7th Street ABAN\ .doc \," -t \tF-t~ , 1 in. = 646.7 feet ________ --1 -..-'-I,J _I __ ._.~ -~-+ d-L==~;/~~~7-" [I 5 L~ -, '~fffiillID [JU 'I - ~T~ =~~ I EBRIHJ 8ItlhtillB ~O\ -/ ~ ==2 WrtHffijEtlll~~0~il\\\ ~== \ ~~ === --- ~ ~ --- ------;:;; . " - I :=> -= . \ ~\ T-'-\ TTTJ ^~ \ \ ~L b18IffitL/^11 \ I rill 0 _ "1 ~ I \ \ 1\1 0IIIIIIIIl ffiffiJ J,-.; :vi -I \ I I N - \ L ~ j.,.J..- . I W \1- ~ &\ ~/ \ ~ EEttill I~ \ \lll - \ ~,~ ~ ~ - ~ ~"= ~ \\)-~ ffiHHffi ;; --1 - - =1 :::= - /,\ \ \ { . " -::r --f \ \ ! 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Jr. v.. ---- 42.00' 6~o~18~'3. ~ -- - ..~ -- -- ~aJT(I - EXHIBIT A-2 1 I l I PLAT t ~ ~ \ L1Mnl -" -'-- ---- -- .-~ --- _ _ 4ZJJcr- _ . 1 1 5,250 S.F. 12 5,250 S.F. :,: 1-- ""<t" r') r') ~. c> z 42.00.' - - - - - - -.- ---- .--,'----' -- - -- 42.00' 42.00' NBB" 26'13" E N-88'26' 13" E 2> N ----.---:.--:-- _. ....- HEMMING NBB'26'13" E 42.00' . 42.00' 42.00' _-~-_....l---- - . - -- _-_.-.0-- ~ J r iii J DR f 8 CAnU:S11 T~/..s /.9 A./c?T A aOt/A../D-4RY GVRV~Y 8KcTC.4I' TtJ AC'C'OMPA1A-/Y t~4t. DE8C.e/PT/ClA/ ~ ~ ~ ~ ",,' ~I t: 6i:J'k!/# FEQIV' $712eET (PtAtj S.W- 4TN AVEA./VE;: .6l)' /.Z /~ 4J ~ . ~~ ,~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ '() ~' ~~ ~ ~ \\i~ "~ ~ ~ ~ ~ '" ~ " ~~ ~~ ~~ \(\ . '" ~1l~ ~ \j) I "\. ~ '" (:~ ~ ~~ ~~ , ~ ~~ ~ ~ ~ . '" ~I - ~ ~o T ;?4 Bt.OC!K 2/ ?5 . ;?5 - ~ ~ ~~ ~ ~\: ~ 'J ~ '1 ~ d '20..30 ~ b- J.t ~ GIZAp/ol/C .sC4lc /'" = ~ . tOT /7 e5 ~ CJ C A::: ;?z {= (!G,vreI2C//V/::: /.2 /11/= ..e /G NT 0 /= N A I. -- SCALE . SHEET 2 OF 2 REFERENCES 51}' / S 7 P80 ~2 JOB NO. Y-t:J.5- /9- 8,3 s- 4e 484 /2PJ MILLER LAND SURVEYING 1121 LAKE AVE. FIELD J.p. DATE 8/~//c?~ LAKE WOHTf-t. FLORIDA 33460 561-586-2669 Location of City Water Lines .. 1 in. = 41.5 feet t221 0231 // 0021 0010 0080 0170 0181 0191 -"~--,_._---~-- ----------------......----- ---------------------------- -~----------- __-- .____-SW --- ---\~ ----- \ I 01.51 0141 013 l ___r 09 o 11 12 13 1 I '.) lhiess It t>e.~ the.;;;;;;;~1:::;~I~r 7842. tor 90 dn~ tron)~~-ci;;;~u, .1Jld mtppd, Uli~ I1Jllplreport i. ror inl'Ohtllll/Orinf ..~ seal or. f'1O?da licensed surveyor 6.) 'l'hh fmns "Certificale of A.....--'--tl .:. " ""'Posber.. es o~ly IlI1d IS not vatid. ' : I'. U""IVIWI on II\JRI IS" lJ 6'38". I . ~L/. I \. ~k ~N.cvc.. ~.J.' / I I : 4' ""4L~ I i I I I I j ! en ~~ ~~ ~~ ~~ " ~~ .-:" ~~ ~~ ~~ ~" ~~ \;) lor '24 & LeCk: Z/ ... . '! , ~n'J I. ,17. ~~-tlP U'{'~Q,J8(.e : .., '. .;,~ 14. s,,' '0 't ,. \"~ \; ~ ~~ ). ~ ~~ ~ ~ u;~ ~ ~ ~ ~ ~ ~ ~~ ~~ )~ I ~~ a~ . , (A:A-r NmeH,: vd;. r/) , ~.I.I. cf4ve. ~St:>1 ~(/..J) I (co I P4vf:t:>) I, · '-. 'i . EX,'H'BIT B ....~.-::...:: i . i .'1.1 1./441< (/ I "PI=" tINe<) ..... Sr- . " !O \~, N ,'-t ; .37. .sO'; I ~~~' I.(?o.: {~ ; #=' Z~ 3'ir. i I . I ' ail. ::. 8((/L~Nc; . ~.' IT.: -&1 Ck I' , i . , ; i I I ! 1 I i 'Y 7__;) : n I . , r I ~i ~ I ,~ ~. ff j'l,Gl.c. ., '...... I .~:r! . ,,'.- C-;i ~ ~ ;~ 'I ( , I , ;') '~ .. 1t\J J '. .~' . tj . ~ : ,~~ .- ~~ i ! '0 ~ ~ '-" CC? I ~. , ~ I ~ :' ~ '11 "I, -.: ~ I .,. \J 'Il\ 3' ~ I \i . ~! f:' 'JJ.~(....,: . ~i ~. " . ~. -%.! .' . - ,,' " .---. , ,Il:~. 5/8" . 1.,Al'.(EI2/A( I I qTIl./'TY (/ ve~ , I ~ tlUIC ' ! FD. '4". . , ,z~,. ~ 1- 12. q~.ltJ> (s~ /2) (/t.J7 '1tS'" eo t.<J C k:.. b/Ne::; 4Ck " .. ; ?~.?I . ! tP,' I V ~ IUO, ,i"; ( S7z:l.e'y C~.s. ~~rb~c:~ . I , 'NO<l::> PCt:"~i LEGEND CALC. . CALCULATED C II S .. CONCRETE BlOCI< STRUCTURE Cl . CENTERLINE C.M . CONCRETE MONUMENT CONe. . CONCRETE D.E . DRAINAGE EASE. Oil' . DRAIN FIElD -E.E.E. . AERIAL UTILITY WIAES lASE. . EASEMENT ILEV. . ELlVA TlON F F. . FINISHEI> FLOOR FO. . FOt.W 1.1'. . 'RON P'PE I R. . tAON ROO UI. & C.' .~- IAON ROD WI PlASTIC CAP LABELED "UlS INC. LIl Go 8.3 8 l . ARC LENGTH MEAS. . MEASVAED NIT T . NAIL I TIN TAB H & W . NAil I WASHER N.O.V.D. . NATIONAL GEODETIC VERTICAL DATUM , III .:. ~ .' /~/fFrv= (cu~ I< :2 1 ! J,- {7 . ~ c-.; 11\. t,,; II.R . BEAAlNO RHEAENCE on.B. . OrFICIAl RECORD 11001< I'll. . Pl"T Bool< P.C . POINT or CUltVATI.'RE I' C.C. . POINT OF COMPOUND CURVATUAE I' C P. . PERMANENT CONTIlOl POtNT P.O.B. . POINT OF BeGINNlNQ I' D.C. . POINT or COMMENCEMENT I'R.C. . POINT Of' RIVERSE CUflVATUIlE ".R.M. . PEIlMANENT AfFERENCE MONUMENT 1'.1. . POINT Of' IN lEA SECTION R . RAOtUS RfW . RIGHT. 0' . WAY S S I W . SHIP SP;Kf. I WASHER SIT . SEPTIC TANK UE . UTILITY EASEMENT o . CENTRAL ANOLE .. -a'.- . CHAIN LINK FENCE -<l-<H). . WOOD FENCE [:::zI . CONCIlUE FLATWORK 1121 LAKE AVE. LAKE WORTH, FLORIDA 33480 ~1-586-2669 s- /4- Ie:;., ;b~ ,,~ $0' . I 37.5 SCALE )A :IElO IH::,so' J AI? ",A. c:>. 0"9.07:.2.CO!) MillER lAND t ~ n;. /. P. .( c.dp ~ ~8 ~3 'J z ...~-...