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Minutes 05-15-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 15, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, 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 C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner McCray offered the invocation and Vice Mayor Rodriguez 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 III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. June 5, 2007 City Commission meeting cancelled. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mayor Taylor announced the City Commission meeting scheduled for June 5, 2007 had been cancelled due to the anticipated lack of a quorum. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Police Week - May 13-19, 2007 Mayor Taylor proclaimed May 13 - 19, 2007 as National Police Week and May 15, 2007 as Police Officers' Memorial Day. He presented the proclamation to Chief Matt Immler. Chief Immler expressed gratitude to the Commission and the City of Boynton Beach for their support. He reminded all those present that the Boynton Beach Police Department is dedicated to serving the citizens. Mr. Bressner commented the Assistant City Manager, Wilfred Hawkins, started his career as a law enforcement officer in 1985 in the patrol division and vice narcotics unit and became the department's crime prevention and community relations training officer. There was a legacy in Mr. Hawkins starting with his law enforcement background, through to his time as the Assistant City Manager and upon his recent demise. Mr. Bressner announced there was a condolence book in the lobby for signatures to be presented to the family. b. Code Enforcement Officers Appreciation Week - June 4-8, 2007 (Added due to June 5th meeting cancellation) Mayor Taylor also proclaimed the week of June 4 - 8, 2007 as Code Enforcement Officers Appreciation Week and presented the proclamation to Scott Blasie, Code Enforcement Administrator. Mr. Blasie thanked the Commission and City Manager for their continued support. 2. Presentation of the Peacemakers Program of the Community Development Corporation to the City Commission in gratitude for their support. Steven Miller, 27A Crossing Circle, of the CDC Faith Based Initiative Program and Peacemakers, including children from Galaxy and Poinciana Elementary Schools, presented certificates of appreciation to Mayor Taylor and Commissioners McCray and McKoy for their loyal support and contributions. Mr. Miller explained the children involved in the program are from challenging neighborhoods. The program started in 2001 and has received assistance 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 from the City since 2002. Mayor Taylor noted all the children were special and had endless opportunities ahead. Commissioner McCray was honored to receive the certificate. Commissioner McKoy thanked the Peacemakers for recognizing the small part the Commission has played in developing the program. Mr. Miller also recognized Chief Immler and the Boynton Beach Police Department for their contributions to the program. Chief Immler stressed programs such as the Peacemakers are the key to eliminating the gangs and violence within the City. Lastly, Mr. Miller presented a certificate of appreciation to City Manager Bressner for his time and resources to assist the Peacemakers. Mr. Bressner echoed Chief Immler's remarks and presented each of the children present with a City of Boynton Beach pin. Mr. Miller also thanked the newly elected and appointed Commissioners for their support and looked forward to working with the entire Commission in the future. Commissioner McCray noted in the agenda that Vice Mayor Rodriguez would be donating $1,000 from his discretionary funds to the Peacemakers. 3. Presentation of Certificates of Appreciation for approximately 200 volunteers who participated in the Great American Cleanup held on Saturday, April 21, 2007. Regenia Scott, Neighborhood Services Manager, reported 16 groups had participated in the Great American Cleanup. It is an annual event held across the entire City to keep Boynton Beach clean and beautified. She acknowledged the participation of the Boynton Beach CDC Peacemakers, Girl Scout Troop #323, Boynton Terrace Neighborhood Association, Ridgewood Neighborhood Association, School House Children's Museum, Inlet Cove Association (INCA) and Bethesda Memorial Hospital. Village Royale on the Green, Haitian Bethel Baptist Church, Deliverance by Faith Church, New Mount Zion Missionary Baptist Church, Poinciana Heights Neighborhood Association, Boynton Hills Neighborhood Association, Four Sea Suns Condo Association, and Golfview Harbour Neighborhood Association were also recognized. Mayor Taylor thanked the participants and acknowledged it made the City of Boynton Beach a better place to live. 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> Herb Suss, Quail Run, noted, with remorse, the passing of Wilfred Hawkins. He admonished the Commission for not dealing with the situation between Intown and the CRA development of the Heart of Boynton. Mr. Suss suggested Intown should be removed from the negotiations and the development plans disbanded. He did not agree with the density or height of the proposed plans. Mr. Suss also felt the Commission should not flip flop on any issue. James Bogert, 721 SW Lake Court, President of Palm Beach Leisureville, appealed to the Commission to reconsider their decision relating to the truck route for the Ocean 95 Plaza. He felt it was contrary to the goals of the visioning planning assembly. In his opinion, the truck 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 traffic would deteriorate the neighborhood and diminish the redevelopment efforts of individual homeowners. Stephanie Mingo-McKoy, 69 Citrus Park Lane, spoke regarding continuity as the key to the success of youth. As the Executive Director of the Juvenile Transition Center, she announced there are twelve seniors from the Center graduating this year being honored at a banquet. Mrs. McKoy requested more support from the City for students as they transition from teens to adults. Jonah Tennant, 653 SW 4th, pledged a continued fight against the truck route and the injustice. Matt Burger, 221 SW 6th Street, contended the proposed truck route through Lake Boynton Estates was a bad idea for the children and park and playground within the community. There would be the potential for even further industrial development in the area with the only access through the neighborhood. He predicted the residential area would become a slum. Mr. Burger asked the Commission to reconsider the truck route for the safety of the community and the residents. Carol Fretwell, 713 SW 3rd Avenue, distributed an illustration of the blind zones on large trucks and recognized by the Florida Highway Patrol. While eminent domain against a neighbor was not pleasant, she could foresee imminent death of children. She also distributed copies of the Roadway Safety Foundation Guide that described the three elements of roadway safety as driver behavior, vehicle safety and roadway safety. The economic cost could be enormous. John Fox, 135 West Ocean Drive, requested the Commission comment on the concerns of the citizens of Lake Boynton Estates, the status of the project and the Commission's intent to resolve the issues. Tom Ruffini, 504 SW 7th Street, opposed the truck route and the industrial area, especially with the lack of sidewalks going to and from the park area. He claimed Mayor Taylor had previously stated that the residents should keep their children indoors and he disagreed with that statement. He also noted a bus stop on the corner of Ocean Drive and 7th Street would be occupied during high traffic flow and could present a danger for the children. Mr. Ruffini asked the Commission to reconsider their decision. Mayor Taylor commented his previous remarks were intended to convey the children should be taught not to play in the street. Victor Norfus, 261 N. Palm Drive, sympathized with the residents of Lake Boynton Estates. His son attends Congress Middle School and he has seen many children walking to and from the school on a daily basis. He suggested an alternative route along the railroad tracks might be possible. George Tarasco, 804 SW 6th Avenue, a former builder and developer, recalled a street had been left along the railroad tracks for access to the land when the Home Depot site was 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 developed. Mayor Taylor pointed out the City and the developer have had extensive discussions regarding the southern route. The railroad will not allow extension of the road and another crossing due to safety concerns. Mr. Bressner stressed over the years the railroad right-of-way had been realigned and the suggested route was not a viable alternative. Mr. Tarasco then suggested a northern route going by the storage facility and back under the I-95 bridge. Mayor Taylor explained that route had been voted on at the last meeting and would not be viable either. Lee Wische, 1302 SW 18th Street, discussed the proposed access to the Winchester Triangle behind the railroad tracks, along the road known as Purple Heart Road. The current proposed route and increased traffic would be incompatible with residential use. Mr. Wische concluded the solution must address safety, traffic, noise, intrusion, simplicity and cost. He offered that a new crossing at Purple Heart Road would allow all traffic to the south along the railroad tracks. The current railroad crossing could be gated and retained for public safety reasons. Mr. Wische urged the City to investigate the southern route and coordinate efforts to bring a resolution to the issue. Karen Smith 221 SW 6th Street, emphasized her intention to fight to protect children from harm, especially a tragedy involving a child and a truck. No one else coming forward, Mayor Taylor closed the public audience. Mayor Taylor concluded the comments had requested a reconsideration of the former vote, being 3-2 against funding the northern route. Only those voting on the prevailing side could request reconsideration. Vice Mayor Rodriguez thanked the citizens of Lake Boynton Estates for making their opinions and views known. He felt confident that the monies could be found and the Commission should give itself an opportunity to find alternative financing in the budget. He requested reconsideration of the previous vote. Commissioner McKoy encouraged reconsideration of the decision also. Mayor Taylor advised, after listening to all sides, he was against eminent domain proceedings and the cost was prohibitive. He noted trucks will use all the available routes, so adding another route would not necessarily solve the issue. The truck route and businesses have always been there and he noted businesses have failed in the area so the additional route could be built for nothing in the long term at extensive cost. The only solution would be to change the zoning in the area when applicable. Mayor Taylor cautioned the proposed budget cuts could mean cutting jobs, rather than spending extra money. He indicated he would not reconsider his vote. Vice Mayor Rodriguez responded his survey of the area revealed other access routes could be cut off eliminating any other available access routes forcing use of the north access. He asked for an opportunity to find the monies. 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mayor Taylor reminded the Commission the debt would be carried for eighteen years. He again called for any motion to reconsider. There being no response, Mayor Taylor declared the issue closed. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date Mayor I IV II Taylor Weiland McKoy 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 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 II McCray Cemetery Board Alt 9 mo term to 12/07 III II Rodriguez McCray Code Compliance Board Code Compliance Board Alt Reg 9 mo term to 12/07 33 mo term to 12/08 Tabled (2) Motion Commissioner McCray moved to move up Richard Yerzy from an alternate to a regular member. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Community Relations Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08 I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07 II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Mayor Taylor Library Board Alt 9 mo term to 12/07 Tabled (2) Motion Mayor Taylor nominated Willie Pearl Wilson as an alternate on the Library Board. Commissioner McCray seconded the nomination. The motion passed unanimously. Mayor Taylor Recreation & Parks Board Alt 9 mo term to 12/07 Mayor Taylor nominated William Orlove to the Recreation and Parks Board. Motion Commissioner McKoy moved to approve the nomination of William Orlove to the Recreation and Parks Board. Commissioner Weiland seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 II McCray Senior Advisory Board Alt 9 mo term to 12/07 Motion Commissioner McCray appointed Rose A. Love as an alternate on the Senior Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously. Weiland Senior Advisory Board Alt 9 mo term to 12/07 Tabled (2) II III IV McCray Rodriguez McKoy Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt Alt Alt 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 Motion Commissioner McCray moved to table all remaining appointments. 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 - April 27, 2007 2. Regular City Commission - May 1, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award the "BRIDGE REPAIRS TO SOUTH LAKE DRIVE BRIDGE" to Con Tech of Delray Beach, FL in the contract amount of $84,430 plus an owner's contingency of 10%, in the amount of $8,443, for a total project budget appropriation of $92,873. 2. Approve a piggyback off the City of Jacksonville Beach, Florida Bid #3- 0203 with AUI, LLC, of Jacksonville, FL. for Infrastructure Pipe Cleaning & TV Inspection Services with an expenditure of $507,450. 3. Approve a piggyback off of the Jacksonville Electric Authority Bid #WCS- 123-00 with Insituform Technologies Inc. of Jacksonville, FL and the City of Delray Beach contract #2002-37 with Chaz Equipment of Wellington, FL. with a total expenditure amount of $207,708. 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 C. Resolutions 1. Proposed Resolution No. R07-050 RE: Approving and authorizing execution of Amendment No. 2 to Task Order U-04-18-2, Stanley Consultants, Inc., in the amount of $49,858 providing for completion of the conversion of existing utility base maps to a new AutoCAD standard, conversion of contractor submittals to the AutoCAD standard, and responding to comments as the AutoCAD standard is incorporated into the City's workflow. 2. Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez pulled item VLB.2. for discussion. 3. Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to December 31, 2007. Commissioner McCray pulled item VLC.3. for discussion. 4. Proposed Resolution No. R07-053 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways along an extension of the Palmetto Greens Greenway. The cost of this project is $440,000 with $50,000 for design and $390,000 for construction. This is a non- matching fund grant; therefore, no additional funds will be provided by the City. 5. Proposed Resolution No. R07-054 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways through Barton Memorial Park and Scrub for a safer route to Galaxy Elementary School. The cost of this project is $112,900 with $18,300 for design and $94,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. 6. Proposed Resolution No. R07-055 RE: Approving and authorizing execution of Amendment 1 of Task Order #U04-14-02 with Mathews Consulting for an amount not to exceed $667,843 for the 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 purposes of designing, permitting, bidding, inspecting and providing services during construction for the Phase 1 Reclaimed Water System. Commissioner McCray pulled item VLC.6. for discussion. 7. Proposed Resolution No. R07-056 RE: Approving and authorizing execution of a Right-of-Way Warranty Deed granting Palm Beach County a former lift station parcel adjacent to Old Boynton Road. (Added due to June 5th meeting cancellation) Commissioner McCray pulled item VLC.7. for discussion. 8. Proposed Resolution No. R07-057 RE: Approving and authorizing execution of Task Order #U07-1-1 to Arcadis, for professional engineering services related to the East Water Treatment Plant Chlorine Conversion Project for $67,634. (Added due to June 5th meeting cancellation) Commissioner McCray pulled item VLC.8. for discussion. D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. E. Authorize the use of $1,000 for the Peacemakers Program from Vice Mayor Rodriguez's Community Investment Funds. F. Approve emergency sewer repairs on Gateway Boulevard between Congress Avenue and Lawrence Road with the expectation that costs will not exceed $77,100 if allowed to stabilize the ground by injecting high density grout or $105,500 if necessary to excavate and re-compact the soil. Commissioner McCray pulled item VLF. for discussion. G. Approve emergency sewer line repair on Boynton Beach Boulevard between Congress Avenue and Winchester Road for a total cost for inspection and repair of $79,775. Commissioner McCray pulled item VLG. for discussion. Motion Commissioner McKoy moved to approve the Consent Agenda items not pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VLC.2. Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez expressed his concern with the strategy to provide water service outside the City limits in light of the current water shortages. He suggested a post mortem be implemented during emergency situations. Attorney Cherof advised the City had a fixed- defined water service and utility service area based on studies by the Department of Environmental Protection and in conjunction with the County water and sewer plants, in part funded by federal dollars. The City of Boynton Beach is required under those standards to make water available within the agreed upon service area. A surcharge for those customers has been assessed. Motion Vice Mayor Rodriguez moved to approve Item VI.C.2. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.3. Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to December 31, 2007. Commissioner McCray thanked the City of Boynton Beach for their hard work and moving forward expeditiously. Motion Commissioner McCray moved to approve Item VI.C.3. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.6. Proposed Resolution No. R07-055 RE: Approving and authorizing execution of Amendment 1 of Task Order #U04-14-02 with Mathews Consulting for an amount not to exceed $667,843 for the purposes of designing, permitting, bidding, inspecting and providing services during construction for the Phase 1 Reclaimed Water System. Commissioner McCray wanted assurances that the amount would not exceed the $667,843. Mr. Bressner responded the purpose of the project was to determine the feasibility of the water reuse line being utilized for irrigation and/or water recharge in the eastern sections of the City. He did believe the amount requested was more than sufficient. Motion Commissioner McCray moved to approve Item VI.C.6. Commissioner Weiland seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Vr.c. 7. Proposed Resolution No. R07-056 RE: Approving and authorizing execution of a Right-of-Way Warranty Deed granting Palm Beach County a former lift station parcel adjacent to Old Boynton Road. Commissioner McCray asked for clarification if Warranty Deeds to the County were common. Mr. Bressner replied it was common and part of the deed restrictions. Motion Commissioner McCray moved to approve Item Vr.C.7. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Vr.C.8. Proposed Resolution No. R07-057 authorizing execution of Task Order engineering services related to the Conversion Project for $67,634. RE: Approving and #U07-1-1 to Arcadis, for professional East Water Treatment Plant Chlorine Commissioner McCray requested further information differentiating the current use and proposed use. Mr. Bressner responded that both water plants use gaseous chlorine for disinfection of water. The West Plant has been authorized for conversion to the use of liquid chlorine bleach. The onsite system is much safer. The request is for conversion of the East Plant. Robert Hochberg, a registered consultant and recognized as the industry representative in Palm Beach County regarding water treatment and wastewater treatment industry, remarked the City of Boynton Beach was the most proactive municipality in identifying and eliminating the use of chlorine gas for disinfection. There was a directive from the Department of Homeland Security to remove the use of chlorine gas from any use in water and wastewater treatment facilities. Mr. Hochberg suggested an alternative to using funds for an additional study since studies had already been completed relating to onsite generation. He suggested an alternate approach would be to piggyback the purchase of the onsite generation system previously approved for the Waste Water Treatment Plant because the size of the equipment is identical. This would accelerate the elimination of chlorine gas at the East Plant and be more cost effective. It could be approached as a change order and the design fees eliminated also. Vice Mayor Rodriguez asked staff if the monies were strictly for an evaluation. Mr. Bressner responded it was for the engineering for the system. Peter Mazzella, Deputy Director of Utilities, announced the monies were for design activities to replace the current system. The exact size of the new system cannot be determined until the design work is completed. It is a short term fix to convert the old system by the end of the year including the design and permitting required by the Health Department. Mr. Bressner suggested the matter be tabled until the next meeting so more information can be obtained to clarify the request. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner McCray moved to table Item VLC.8 to the next meeting. Commissioner Weiland seconded the motion. The motion passed unanimously. VLF. Approve emergency sewer repairs on Gateway Boulevard between Congress Avenue and Lawrence Road with the expectation that costs will not exceed $77,100 if allowed to stabilize the ground by injecting high density grout or $105,500 if necessary to excavate and re-compact the soil. Commissioner McCray recalled previous problems with sewer breaks and the Department of Environmental Protection. Mr. Bressner assured the repairs were proactive based on surface conditions. Michael Low, Deputy Director of Utilities, further explained the cost would be based on the type of restoration that would be approved by the County. The pipe itself had been repaired. Motion Commissioner McCray moved to approve Item VLF. Commissioner McKoy seconded the motion. Commissioner McKoy expressed concern with the barriers on the street and hazard created. Mr. Low estimated once approval was given, it would take an additional two to three weeks to complete the restoration. Vote The motion passed unanimously. VLG. Approve emergency sewer line repair on Boynton Beach Boulevard between Congress Avenue and Winchester Road for a total cost for inspection and repair of $79,775. Commissioner McCray inquired if this repair had been completed. Mr. Low responded the repairs had been made and only payment approval was needed. Motion Commissioner McCray moved to approve item VLG. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Approve a negotiated settlement agreement in the amount of $25,000 in the case of Jonathan Murdaugh vs. City of Boynton Beach. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner McCray moved to approve Item VILA. Commissioner McKoy seconded the motion. The motion passed unanimously. 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: Owners: Location: Description: Healing Heart/White Elk, LLC (SPTE 07-005) Nancy Keller, Managing Member of White Elk Enterprises, LLC White Elk Enterprises, LLC 226 SE 23rd Avenue Request for a one (1) year site plan time extension for major site plan modification approval granted on March 21, 2006 from March 21, 2007 to March, 21, 2008 Attorney Cherof administered an oath to those intending to testify and explained the procedure. Michael Rumpf, Planning and Zoning Director, explained the request for a site plan time extension to March 21, 2008. It was a veterinarian office to be placed in a former single family home. The staff recommended approval of the request. Nancy Keller, owner of Healing Heart, agreed with all the requirements of staff. Commissioner Weiland asked the applicant for a timeframe for opening. Ms. Keller replied it would be three to six months. Commissioner Weiland commended her for improving a blighted area and adding a commercial enterprise. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIlLA. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. (Vice Mayor Rodriguez left the dais.) IX. CITY MANAGER'S REPORT: A. Water, Sewer and Stormwater Rate Study Report 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mr. Bressner advised there would be a presentation based on an analysis prepared by staff. The rates had not been increased since 1994. Kofi Boateng, Utilities Director, reported that in 2005 the Commission had approved a study on water sewer rates to provide the level of services desired. The current study was done by CH2M Hill Consulting Engineers, who proposed some increases in the rates. The City of Boynton Beach will continue to have one of the lowest rates in South Florida. (Vice Mayor Rodriguez returned to the dais.} Dave Green, of CH2M Hill Consulting Engineers, gave a PowerPoint presentation which is on file in the City Clerk's office. He explained the rate development process that had been utilized to determine the utility cost allocations. Based on that information the rates were determined for each of the customer groups in proportion to the costs incurred. The revenue requirements for the water, sewer and stormwater systems were determined and projected through 2012. It was projected there would be a 6.5% increase in operating expenses for FY 2008 and a 5.5% annual increase through 2012. The bond issue requires funds to be available for Renewal and Replacement (R&R) Expenditures and $lM annually would be transferred. The current funds will be used for current capital improvement projects. The transfer to the General Fund was projected at $4M per year through FY 2012. The existing debt service will also remain at $4M per year through FY 2012 and beyond. The extensive Capital Improvement Program has an overall budget of $180M over the five or six year period with $96M for the R&R Account and $84M for the Cap Fee Account to fund new growth. In order to finance the planned projects, it was determined that only 80% of the planned projects could be funded each year and the time period should be extended for completion of all the projects. It was decided that a $27M revenue bond issue would be needed this year, a $20M bond issue in 2009 and include state revolving fund loans of $16M in 2010. The debt service will be $2M in 2009 growing to $5M by 2012. The revenue requirements would increase from $27.5M to $43M by 2012. The proposed rate adjustments would cover the projected costs. The rate revenue increases for the water system would be 10% in 2008, 10% in 2009, 8% for 2010 and 4% for 2011. The stormwater rate would remain constant. The wastewater revenue rates would increase 10% in 2008, 8% in 2009, 4% in 2010, 2% in 2011 and 1.5% for 2012. The proposed water residential rates would increase the minimum charge by approximately 10% and a minimal increase based on usage plus, adding an additional rate for usage over 50,000 gallons. The residential sewer rate would increase by approximately 10% and the stormwater rate would not increase. This would result in an overall increase of approximately 8.3%. If the new category were added for those users of 50,000 or more gallons, the overall increase would be 6.8%. A comparison with other municipalities revealed the City of Boynton Beach had some of the lowest rates in the entire region even with the proposed increases. Mr. Bressner further explained the proposed rate covers the debt service for the water reuse construction project. It 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 is a combined system cost for all the rates. It would build reserves for the bond issue necessary for the water reuse construction projects. Vice Mayor Rodriguez suggested the establishment of water reuse rates should be included in the project to capture the potential revenue. Mr. Green advised reclaimed water fee revenues would be minimal. Commissioner Weiland reiterated his view that the current and proposed rate structure unjustly penalizes larger families. Mr. Green responded the South Florida Water Management District requires a conservation oriented rate structure. Commissioner Weiland maintained basic water needs remain the same for each individual and those households with more members should not be charged extra for the same basic use. He agreed that a rate increase was needed but felt the increase should be equal across the board. Mr. Green continued with an explanation of the Capital Facilities Charge methodology and the proposed increases for both the water and wastewater fees. In comparison to other area municipalities, Boynton Beach would remain the second lowest with the increases. Mr. Green concluded the City has a significant capital improvement plan and rate increases would be required to meet the community's needs. He recommended the proposed rate increases would assist in funding those needs and the suggested rate structures should be adopted. Commissioner McCray inquired about the life expectancy of rehabilitated lift stations. Michael Low, Deputy Director of Utilities, replied approximately thirty years. Pete Mazzella, Deputy Director of Utilities, advised the majority of the lift stations are more than thirty years old. Commissioner Weiland recalled when the fire assessment was instituted the larger businesses were given a cap and he suggested the use of a consistent amount of water should be given an equal rate. He felt a system of averaging could be utilized. Vice Mayor Rodriguez contended the calculation would be taxing. Mr. Bressner advised the fire assessment had been capped due to the limitation on the amount of fire equipment allowed at a scene. A change in the water rate block plan would require a change to a policy decision. The rate structure is responsive to the South Florida Water Management District's requirements for the consumptive use permit. The request was for the Commission to direct staff to prepare the necessary rate ordinance to be effective October 1, 2007. Motion Commissioner McKoy moved to approve the preparation of a new rate ordinance. Vice Mayor Rodriguez seconded the motion. The motion passed 3-2. (Commissioners McCray and Weiland dissenting) Mayor Taylor requested permission from the Commission to allow the discussion relating to the Charter School be heard to accommodate the small children in the audience. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner McKoy moved to change the order of the agenda to accommodate the Charter School discussion. Commissioner McCray seconded the motion. The motion passed unanimously. (This item was taken out of order by motion.) XIII. UNFINISHED BUSINESS: A. Revisit the text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts. Wayne Owens, Principal of the Charter School of Boynton Beach, indicated he came to the meeting with his constituents, being the students and parents of the school. He requested assistance from the Commission to allow the Charter School to return to Boynton Beach. Several students came forward and praised not only the Principal, but also the school itself for the positive influence they had on their lives. The support of the school family was paramount to many of the students. All the students asked the Commission to reconsider the zoning change and allow the school to return to Boynton Beach. Jeannie Ward, 807 S. Chippewa, a 5th grade teacher at the Charter School, explained the commitment to the school was so great that some students awake at 5:30 a.m. to make the trip to attend the school. All but five of the children were able to obtain transportation when the school had to move to the current Delray location. She surmised it took a village to raise the children and Boynton Beach was the village for the students of the Charter School. The current location is cost prohibitive for the parents and the students cannot continue with their activities. Trina Davis, 231 N. B Street #11, Lake Worth, Treasurer of the PTO for the Charter School of Boynton Beach, requested the school be allowed to return to Boynton Beach. The school offers a family-like atmosphere that the children need. Jeannie Jones, 933 S. Ridge Street, Lake Worth, informed the Commission she had sent her children to the school due to the individuality the school setting offered. She stressed it was important to maintain the level of excellence that the school and students have already achieved. She implored the Commission to support the zoning change to allow the school to return to Boynton Beach. Paula Turner, 206 NW 3rd Street, addressed the Commission as a concerned parent. She had two children who attended the school after attending public school. Ms. Turner elaborated on the Principal's compassion and concern for all the students that assists the children to learn and thrive. Edward Fisher, 2202 NW 21st Way, had a son in the Charter School who had been labeled as a slow learner by the public school system. His son now speaks two languages and is 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 learning a third language. Mr. Fisher implored the Commission to let the school come back to Boynton Beach. Jeff Douglas, 2 Barefoot Lane, Lantana, FL, owner of the proposed new site of the Charter School, outlined the improvements that had been done to the building and offered to do whatever it would take to assist the school in acquiring the site for the school. He was willing to work with staff to resolve any issues. Mike Rumpf, Planning and Zoning Director, understood the importance of education; however, he pointed out action to amend the regulations to further increase competition for industrial land would be contrary to one of the initiatives of the recent assembly process. Four steps are required to be completed before the next school term begins. The zoning regulations would have to be amended including staff review and presentation to two advisory boards, ordinance readings at two different meetings, conditional use application and approval, compliance with any site improvements recommended and the permits would have to be obtained. It would be a tight timeframe to accomplish by the new school year. Mr. Rumpf commended Mr. Owens for his vision. In contrast, the necessity for industrial lands is great and the M-1 study will be forthcoming with changes along the corridor that would not be compatible with a growing school campus. Warren Timm, 130 NE 26th Avenue, shared his opinion that Boynton Beach has a treasure with its industrial properties encompassing only 4.7% of the area of the City. It is rare and should be used for the greatest impact to the City being industrial development. Mr. Timm suggested a precedent not be set by allowing the school to use industrial lands. The industrial lands will benefit the City most if they are used for industrial growth. Mr. Owens corrected Mr. Timm that the children were also a treasure that will be necessary to support the industrial lands in Boynton Beach. Feasibility studies, safety studies and site plans have already been reviewed and a contingency plan has been established. Pamela Owens, Executive Director of the Charter School of Boynton Beach, pointed out other schools are in the area. Weighing the treasure of children and education against industrial development would be wrong because they share the common goal of making Boynton Beach a world class City. Herb Suss, Quail Run, recalled other properties had been rezoned at will. The children are the treasure and are vital to the growth of the City. It would be an improvement and the message would be positive to the community. Commissioner McCray noted there were many hurdles for the school, even if the Commission voted in favor of the change. He requested information regarding the proposed contingency plan. Mr. Owens responded the owner at the current location had offered the school a six- month extension. Commissioner McCray was impressed with the pleas of the children for assistance and pledged a yes vote on the issue. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Commissioner Weiland explained he had originally requested the City Manager to assist the school in their search for accommodations. He commended the owner of the building for the renovations they have completed. Commissioner Weiland had also met with the real estate agent and viewed the property, proposed plans and visited the school and classes. Although three Commissioners voted not to proceed, it had come before the Commission for reconsideration. In speaking with his constituents, Commissioner Weiland found the response was negative. One of the concerns was safety of the children and another was if the school should fail, the change in zoning could allow an undesirable business to occupy the space. There would potentially be a traffic flow problem on Congress Avenue and the shared driveway that exists at the location. Although he thought it was a great idea, the proposed site was not a proper location. Commissioner Weiland felt the City should work harder to find a more appropriate location for the school. Mr. Owens reported 161 out of the 187 students enrolled in the school were bused. Only 18 cars come in for drop off and pick up. There are presently 50 available parking spots. Mr. Douglas indicated an additional driveway would be an option that could be considered. The adjoining business hours would not conflict and the traffic flow would be pre-rush hour in the mornings and afternoons. Quintus Greene, Development Director, emphasized a practical consideration of the requirements of the Building Code for schools that contain many stringent regulations would need to be carefully assessed and followed. It would be a very expensive proposition to comply with the regulations and retrofit a building not designed as a school. Commissioner McKoy inquired if the issues Mr. Greene had outlined were discussed with the property owners and Mr. Owens including the additional expenses involved. Mr. Greene hoped his remarks alerted everyone to the potential problems and possible expenses. It could be done, but the economics were also a factor for consideration. Mayor Taylor commented he was generally opposed to charter schools but commended Mr. and Mrs. Owens for the top notch facility they created. The mall was not a great location. Mayor Taylor felt there were places for schools to operate safely and efficiently. Industrial zones were not the place for schools. The traffic flow on Congress is heavy at all times of the day. He could not justify putting children in the industrial environment. Mayor Taylor wanted the school to be in Boynton Beach and would assist finding a proper location; however, the requested building was not appropriate. If approved, this would set a precedent for changing industrial zones. Commissioner McKoy asked Mr. Greene if the four components for approval could be completed by the start of a new school year. Mr. Greene did not feel it was possible even with the extension the current landlord for the school had given them. Mr. Bressner agreed the permitting process is sequential and not concurrent. 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mayor Taylor inquired about the square footage needs of the school. Mr. Owens advised there was a plan to add seventh and eighth grades, so 20,000 square feet, under air, would be needed plus a playground and parking. Vice Mayor Rodriguez remarked he did not feel the school had exhausted all possibilities and may be setting itself up for failure. He described Mr. Owens as a great leader who would not give up and the school would survive. The Vice Mayor advocated saving industrial lands for industrial use. Attorney Cherof advised a motion was needed. Motion Commissioner Weiland moved to allow a text amendment for the rezoning to add schools as a conditional use in industrial zones. Commissioner McCray seconded the motion. The motion failed 1-4. (Mayor Taylor, Vice Mayor Rodriguez, Commissioners Weiland and McKoy dissenting.) Mayor Taylor recessed the meeting for a five minute recess at 9:40 p.m. Mayor Taylor reconvened the meeting at 9:49 p.m. IX. CITY MANAGER'S REPORT: B. Status report on Youth Violence Prevention Project Commissioner McCray thanked the City Attorney for the information relating to any possible voting conflicts. Regenia Scott, Neighborhood Services Manager, added to the written report that the executive committee would be meeting on May 23rd and that an application and teen council brochure had been designed for distribution. The screening for the two open positions had begun. The RFP should be brought before the Commission by the July 19th meeting. The police have been canvassing the area and garnered about 62 contacts. A few summer programs have begun to organize with team and intramural sports. Ms. Scott had discussed the solidarity of the dollars with the County and they had recommended the program continue. Commissioner McCray questioned how much money would be available for the services after the three open positions were filled. Ms. Scott responded approximately $230,000 would be available for services. Next year's allotment would be mostly dedicated to direct services. She reminded the Commission new funds would be requested as of October 1st, the new fiscal year. Commissioner McCray inquired if any education programs were being offered. Ms. Scott noted the existing organizations that offer those services would be used in the interim until a more comprehensive program could be established. The intent was to build an infrastructure for the community to continue to provide the services when the grant programs ended. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Vice Mayor Rodriguez added the idea was to fill the gaps between the programs and the youth. The steering committee and executive committee would be identifying those gaps and resources and integrating a concentrated program with funding. Mayor Taylor was interested in the gaps and the existing programs being offered; however there were many more areas that need a concentrated effort to improve the services offered. Commissioner McKoy added the initiative from the Criminal Justice Commission is very specific in the areas that are to be served. There was not a great deal of flexibility. Mr. Bressner noted a specific age group and geographic area had been outlined. C. Approve making an application for Weed and Seed Community designation and funding from the u.s. Department of Justice. Mr. Bressner explained a presentation was being made to make the Commission aware of the program and before the program commenced, any local match that would be needed and any cost exposure and outcomes. Commissioner McCray recalled a Weed and Seed Program had been initiated many years ago and he questioned what had happened to the program. Mr. Bressner was not sure if the prior program was a federal initiative or a locally mandated program. Chief Immler did not recall such a program in the Police Department. Ms. Scott advised it was a comprehensive program that would mirror the target area of the youth violence prevention program. It would be a broader based program to address an array of services for elementary and seniors giving flexibility and additional resources of the federal, state and local agencies to partner and use in-kind dollars. Assistance from both the State Attorney and US Attorney have offered to bring all the necessary players together. It will focus on building a community's capacity for prevention, intervention and treatment type programs. Mr. Bressner noted the letter of intent to apply for the $lM grant would be due by May 31, 2007. Vice Mayor Rodriguez clarified the first year would require in-kind services of $43,750 and thereafter 25% of the grant match for in-kind services or cash, over a five year period, totaling approximately $225,000. Mr. Bressner commented from a staff perspective it was a worthwhile endeavor as it generated $lM, providing the existing resources are available. Motion Vice Mayor Rodriguez moved to authorize the letter of intent for the Weed and Seed application. Commissioner Weiland seconded the motion. The motion passed unanimously. Vice Mayor Rodriguez mentioned that Assistant City Manager, Wilfred Hawkins, was instrumental in the Youth Crime Prevention Program and a real asset. 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 D. Discussion of Proposed Interlocal Agreement with State of Florida for Railroad Crossing Equipment Maintenance for Crossing at SE 23rd Avenue and FEC Railroad. Staff is recommending that the Resolution authorizing the agreement not be approved at this time because the funding for the maintenance should come from Palm Beach County, not the City of Boynton Beach because SE 23rd Avenue is a County-maintained roadway, not a City-maintained roadway. The County receives lane-mile gas tax revenue from SE 23rd Avenue. (Proposed Resolution No. R07-058) Jeff Livergood, Director of Public Works, stressed Boynton Beach would be one of the first cities to raise the issue with Palm Beach County and the State of Florida. The issue is not financial, but a philosophical approach that Palm Beach County should pay the expenses as recipient of the County Gas Tax Funds for maintenance of the road. Mr. Livergood further advised if the agreement was not approved, the allocated dollars for the crossing hardware would go elsewhere. The State would not close the crossing; the new hardware would not be installed. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-058. Commissioner McKoy seconded the motion. Mayor Taylor called for a roll call vote. Vote City Clerk Prainito called the roll. The motion failed 1-4. (Mayor Taylor, Vice Mayor Rodriguez, Commissioners Weiland and McKoy dissenting.) E. Review and approve the Avenue of the Arts program. Mr. Bressner explained staff was seeking approval to proceed with the program in light of the impending budget concerns. There were pads that needed to be installed for the placement of the art that was scheduled for completion by the August 4th Marina Festival. The approximate cost for the pads would be $38,000. Debby Coles-Dobay, Public Arts Administrator, emphasized the pads were a one time cost of $37,500 and the additional fees would be approximately $12,000 per year for the program. Mr. Bressner noted the funding source would be the art fees. The cash flow would require the monies taken from the general funds until the art fee revenues are incoming. Ms. Coles-Do bay added if the art work is sold, the City would receive 10% of the sale price. Motion Commissioner Weiland moved to approve the program. Commissioner McKoy seconded the motion. The motion passed unanimously. 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 X. FUTURE AGENDA ITEMS: A. Preliminary budget review Mr. Bressner suggested June 19th as the date for a very preliminary presentation. XI. NEW BUSINESS: A. Discussion of Code Amendment for Mobile Food Vendors per request of City Commission at May 1, 2007 Commission Meeting. Mr. Greene reported after review by staff and a written report, they did not have a recommendation one way or another. Vice Mayor Rodriguez felt three areas of concern were traffic, sanitation and logistics that could be controlled by a stringent ordinance. Lisa Bright, Executive Director of the Community Redevelopment Agency, added the agency was in favor of outside vendors for food, flowers and vendor carts. Pedestrian traffic is needed and even permanent vendors would be beneficial. Motion Vice Mayor Rodriguez moved that staff come back with recommendations for an ordinance. Commissioner McKoy seconded the motion. He added it made good sense to have something in place prior to the last minute to attract people downtown. Commissioner McCray clarified that Rufus Ribs would not be allowed in the City until the ordinance was passed. Mayor Taylor agreed and explained they did not have license to operate within the City. Commissioner Weiland agreed with the concept, but did not want to see vendors on every corner in the City. It could be restricted to specific areas. Commissioner McKoy hoped the ordinance could be expedited. Vote The motion passed 4-1. (Commissioner McCray dissenting.) B. Discussion regarding Code violations at Ralph & Rosie's restaurant on Federal Highway. Motion Commissioner Weiland moved to dismiss the discussion of Ralph & Rosie's restaurant. Commissioner McCray seconded the motion. The motion passed unanimously. C. Update on the status of Jordan Towing 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner Weiland moved to remove Item XLC. from the agenda. Commissioner McCray seconded the motion. The motion passed unanimously. D. Modification of Community Investment Funds program to require mandatory, post expenditure reports to the Commission illustrating the results achieved from funding. Vice Mayor Rodriguez explained the suggested change would provide accountability to the Commission from the organizations for the funds contributed. Motion Vice Mayor Rodriguez moved to approve the accountability and a final report from any proceeds of the Community Investment Funds from Commissioners. Commissioner Weiland seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting.) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-010 RE: Amending Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments as permitted by Florida law. (Tabled to May 15, 2007) Motion Commissioner McCray moved to remove Item XILB.1. from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 07-010 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 Item XILB.1. Commissioner McKoy seconded the motion. 23 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-011 RE: Approving the revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-011 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-011. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-012 RE: Approving the revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the Florida Fire Prevention Code, pursuant to Florida Statute 633.025. (City Manager recommends that if this item is approved on first reading on May 15, 2007 that second reading of the Ordinance be tabled to June 19, 2007 to allow public review and comment Attorney Cherof read Proposed Ordinance No. 07-012 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-012 and the second reading be postponed until June 19, 2007. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None 24 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 E. Other: 1. Approve proposed settlement of $7,000 of attorney's fees for John W. Little, III and John Bryan, counsel for Alberta K. Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop and Octavia Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop, Bells Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No. 114). 2. Approve proposed settlement of $2,000 of attorney fees for John W. Little, III, counsel for Johnny Lee Roberts, individually and d/b/a Roberts Restaurant and Betty J. Roberts, individually and d/b/a Roberts Restaurant (Parcel No. 110). 3. Approve proposed settlement of $2,250 of attorney's fees for John W. Little, III, counsel for Triumph the Church Kingdom of God in Christ, Inc. (Parcel No. 103). 4. Approve proposed settlement of $18,982 of attorney's fees and costs for John W. Little, III and Sachs, Sax, & Klein, counsel for Marwan Ghali and Suhair Gali (Parcel Nos. 104, 106 & 115) and appraisal fees for Allied Appraisal, Callaway & Price and Donald Muncy. Attorney Cherof advised all items arose out of the Commission's decision to dismiss the Heart of Boynton eminent domain lawsuits. Items XII.E.1, 2, 3 and 4 represented the payment of attorney fees to the plaintiffs for amounts negotiated below their original demand. Motion Commissioner McCray moved to approve Items XILE.1, 2, 3 and 4. The motion was seconded and passed unanimously. Vice Mayor Rodriguez wanted it understood that the CRA would be billed for the expense and Mr. Bressner assured the CRA would be covering the expense. XIII. UNFINISHED BUSINESS: A. Revisit the text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts. (This item was heard earlier in the proceedings.) B. Accept report from the Community Redevelopment Agency (CRA) on the status of the Old High School. 25 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Vice Mayor Rodriguez commented the Old High School had been abandoned for several years and is now an eyesore in the City. He suggested at least the exterior be cleaned up. Ms. Bright reviewed the previous plans for the Old High School and acknowledged efforts had been made to possibly pressure clean the exterior of the building. Many of the vendors were concerned with the extremely poor condition of the building and felt the building would be subject to more disintegration if done. There was thought that painting or wrapping the building may be an option also. Ms. Bright reminded the Commission that according to the interlocal agreement the building could revert to the City and possibly have it demolished. Landscaping could be done, but the building itself would not withstand too much pressure cleaning. Mayor Taylor suggested if some type of renovation or rehabilitation could not be accomplished by a date certain, the building should be demolished rather than waste any more funds. Vice Mayor Rodriguez agreed a timeline was needed. Commissioner Weiland advised Pamela Owens of the Charter School of Boynton Beach had expressed interest in the building. Ms. Bright indicated one of the challenges of developing the site is the lack of parking. Mayor Taylor noted none of the downtown redevelopment plans include a charter school in the area. He suggested a July 1st deadline be set. Vice Mayor Rodriguez clarified that Art Space would look at the building for a fee and give a recommendation on their ideas for its use. Ms. Bright would not agree to pay the fee. Ms. Coles-Dobay added the organization was a non-profit real estate developer for the arts. They would evaluate the possibility of building an artists' live/work project. The organization would evaluate the market also for such a project. It would take a couple months at least. Mr. Bressner advised the funds were not a budgeted expense and would have to be authorized by the Commission. Ms. Bright advised the Toronto Ballet was preparing a pro forma for the CRA and a downtown visioning charrette had been scheduled for June 16. There was agreement that the CRA would make a presentation regarding the Old High School at the July 3, 2007 Commission meeting and a decision would be made to either move forward or demolish the building. XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:46 p.m. 26 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 ATTEST: ...-) <.: :-::=-.--:-:.~:;:,.-c::.~:'::' -- ...-. '-.. 27 DEVELOPMENT RDER OF THE CITY COMMISSIO CITY 0F BOYNTON BEACH, FLORIDA ,)F THE Development P&Z Building Engineering Occ. License Deputy City Clerll PROJECT NAME: Healing HearUWhite Elk LLC APPLICANT'S AGENT: Nancy Keller, White Elk LLC ------- APPLICANT'S ADDRESS: 180 Neptune Drive, Hypoluxo, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2007 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Request a one (1) year site plan time extension until March 21, 2008, for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic on a 0.106 acre parcel in a C-1 zoning district. 226 SE 23rd Avenue 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 Applica9i .LHAS 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: 5-/8-07 Yn.~ City Clerk J:ISHRDA T AIPlanningISHARED\WPIFORMSIBlanks forms folderlDevelop.Order Form-2001-Revised.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Healing Heart / White Elk File number: SPTE 07-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT 2. If the building permit for the project is not issued by the end of 2007 (traffic X concurrency build-out year), the applicant shall be required to submit a revised traffic concurrency approval from Palm Beach County (with an updated build-out year of 2008) prior to the issuance of the building permit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: x None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S :IPlanningISHAREDI WPIPROJECTSIHealing Heart\SPTEICOA.doc Exhibit ". ." - 226 SE 23rd A.. anue Location Map ~ SE25TH-AVE l- (/) l- (/) ,.... UJ (/) . 210 105 I o 210 420 630 N 840 + I Feet W E 5 w....... f*IIN"""'~""""__"'''''.~ EXHIBIT B ... ,. r- 0) =4 m ." r- ,. z ~ +z: 7L ~[;> [;> ----.----.----..-- . .- . . '~-'-""~-~"'-""'-'-""-".-.---....,-.... ( ) ;. IIUI; il~II!IIII~ I i ( ,.IIIl,.IIII!l' 'j ~ r !!!i! 11~!I!lill ~ : !l~i mllllllli ( ~~Ji "~~'jl~i!li ( ii~.~. f iiini~3 ( . IS ~ \j ~iJ'i ( ~'~~~..-.....~-~ . ) (. en) -. ( II III li~ ! nj "J Ii I ~ ) ~~, , ( I I ii ~ ) ~: ml J! 111" II I" n II ~ \ (...;n ) (.11 II I L ! ) H . ~~ ~ ) ( ~ I I' n J ) ) ( !I= ) (~d!! I i ;1 j ., ~ ~! 'n: II ii-: I ~ ! ,! : . . ) ( I . j -~ b (, ~ I) ( ~) ('-'~"-'-""-'-"'-" ,-,' _"-'--'~_"'- ~ ( ") ( ) ( g) ( ~ ~ (.0 ~ ~ ; ( i ~ ) (\ ( t; \ '- '- - -'r;;. -....-....-,........."., ~,' -~ _.' '-[,> ~ ~l~ ~~2 i ~i ~~ ~- ~~ ~~ ~i~' 9 ~s~~ ~ l,;::: .:; ::: - ~ HEAUNG HEART WHITE ELK LLC . ;~ VETERINARY CLINIC ~ ~ ~ . . 22& SOUTHEAST 23Id AVENUE BOYNTON 1lfA0l, R.ORIDA ~ ~ III!I ill I-