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Minutes 01-15-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 15, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Dr. Solomon Rothstein, 2nd Police Chaplain C. P1edge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Solomon Rothstein gave the invocation followed by the Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Weiland requested a discussion on the annexation of Gulfstream Gardens be added under XIII. Unfinished Business. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross indicated she truly enjoyed the CRA training in Ft. Lauderdale and expressed her appreciation to the CRA staff for their hard work. She also advised the proposed closing of Galaxy Elementary School was still being discussed with school board members. January 30, 2008 was the next school board meeting when the closure would again be debated. Commissioner Ross also mentioned she had toured the South Florida Water Management treatment facility. Commissioner Hay had also visited the facility and had learned a great deal from the experience. 1 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 Commissioner Hay advised he had heard about a new proposal for Galaxy Elementary to be maintained as a K - 5 school. He hoped his source was correct. He stressed the efforts to save the school should continue in full force. Mr. Bressner indicated there was a possible reconfiguration of the school site in conjunction with City owned property, which could add a recreation corridor, establishing a buffer along 1- 95. It would allow some flexibility to have Galaxy Elementary rebuilt. Mayor Taylor advised he had met with INCA, the nine homeowner associations in the north-east quadrant of the City, and had stressed to them Commissioner Hay and Vice Mayor Rodriguez were strong proponents for issues in that area. The organization did have concerns and were willing to work with the City. He noted while some of their issues were quick fix items, others were long term goals. Vice Mayor Rodriguez added he had been diligently working with Public Works and Code Enforcement to enhance the area along Federal Highway and those efforts would be ongoing. III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: 1. Friday, January 18, 2008, 6 p.m. - 9 p.m. at Oceanfront Park, 6415 N. Ocean Boulevard, Ocean Ridge, a FREE concert featuring Phil Mann and his Alleged Orchestra. February 15, 16, 17, 2008, the Boynton Beach Heritage Celebration 2008 will present activities at The Hester Center including children's activities, sports tournaments and art exhibits. On Saturday, February 16, continuous entertainment on the main stage featuring Marcus "Pleasure" Cooper, ]] & the Connection, Ms. Monique Mil/s, Strictly Business and Precious. Also included will be laser tag, rock climbing and a trackless train. On Saturday, February 23, from 7 p.m. to 10 p.m. there will be a FREE concert featuring the Commodores on East Ocean Avenue between Sea crest and NE 1st Street. Kathy Biscuiti, Special Events Manager, announced the first in a series of four Oceanfront Park concerts that were being offered. The concerts are free to the public and feature local groups and talent. She also gave a brief overview of the events to be held during the upcoming Heritage Celebration 2008. The week long celebration would conclude with a free concert featuring the Commodores. She invited everyone to attend the events and enjoy the entertainment. 2. Closed Door Session in the Ric-Man Litigation before conclusion of meeting. Mayor Taylor announced there would be a closed door session before the conclusion of the meeting relating to the Ric-Man lawsuit. B. Community and Special Events: None 2 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 C. Presentations: 1. Proclamations a. Four Chaplains Memorial Sunday - February 3, 2008 Mayor Taylor proclaimed February 3, 2008 as Four Chaplains Memorial Sunday and presented the proclamation to Chuck Magazine, Risk Manager, and liaison for the Veterans Commission. 2. Presentation of the American Assembly Education Sub-Committee. A presentation of the findings of the Education subcommittee was given by Steve Waldman, Carol Lundquist and Steve Myott. Mr. Waldman, as Chair of the Education and Youth Advisory Board, offered the assistance of the Board in regard to the Galaxy Elementary school closing. He noted Pamela Camel, Chair of the Education subcommittee was unable to attend. Mr. Waldman advised the school district wanted an education coordinator from the City of Boynton Beach. Mayor Taylor advised Ann Watts, Assistant Library Director, had been assigned to work with the school board and the Commission. She was presently representing the City of Boynton Beach at the SAC meetings. Mr. Waldman noted one of the key components of the recommendation was to give Boynton Beach High School a more positive image and promote the school to change its current reputation. Mr. Myott confirmed in his meetings it was determined there was a perception that there was something lacking at the high school. He noted there was no lack of effort on the part of the school board to enhance the school and its programs. The hope was to attract higher achieving students. The impending boundary changes would give some momentum to improving the school's image. There would be approximately 100 new students attending Boynton Beach High School. Commissioner Ross added the population of students that are unable to fluently speak and understand English is higher in Boynton Beach High School than any other school. The tests scores of those students drive the overall score of the school down. Mr. Waldman added that 81 % of the students were only reading on the first and second level. He noted the teachers and staff were stupendous. Commissioner Hay visits the school on a regular basis and was impressed with the discipline and organization of the staff with the students. There is a misconception that the school is wild and the media generally refers to the school in any articles as a "0" school that tends to deflate the school's image. Commissioner Ross indicated attempts were being made to improve the communication and bring positive attention to the school. Mayor Taylor thanked the committee for their excellent job and guidelines. He indicated a booster club had been formed by area businessmen and a leader was needed to continue on with the concept and boost the school to a higher level of public perception. 3 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 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> Sherry Johnson, Community Caring Center Director, reported on the success and new plans for the Green Market. She thanked the Commission and CRA for their letters of support in receiving a grant for further funding. Various entertainment was being offered at the market each weekend to embrace the community and celebrate cultural differences. Mayor Taylor and Vice Mayor Rodriguez suggested ways to get more information out to the public and improve attendance at the market. Victor Norfus, 261 N. Palm Drive, invited the entire Commission to attend and participate in the activities including a unity march celebrating Martin Luther King's birthday. Mr. Norfus also commended the Commission on the training they had undertaken as the CRA board members. He expressed hope that the Commission would begin to consider new members from the citizens to assist on the board. Mr. Norfus indicated a petition was being circulated in opposition to the closing of Galaxy Elementary. He recalled that Poinciana was originally built as a magnet school and he hoped the area children would again be allowed to attend the school in their neighborhood. Vice Mayor Rodriguez inquired if the petition being circulated had legal merit or legal basis. Mr. Bressner advised it would be advisory and a statement of the belief of the community. Matt Burger, 221 SW 6th Street, congratulated the winners of the past election. He also thanked Commissioner Weiland for this campaign remarks relating to Ocean Avenue as a truck route and also Shirley Jaskiewicz for her suggestion to close the railroad crossing on Ocean Avenue. Mark Karageorge, 240A Main Boulevard, thanked the City staff for their prompt attention to the fence around the cemetery. The professionalism of all the City staff was outstanding in his opinion. He was particularly impressed with the professionalism of Officer Marie Travis in dealing with an incident in his neighborhood. Mr. Karageorge concurred with Mr. Norfus that the recent CRA training was an excellent opportunity to be educated on redevelopment issues and opportunities. He also echoed the hope that an independent board could be established in the near future. Dr. John McGovern, 2620 Spiceberry Lane, stressed any decisions relating to Galaxy Elementary should be based on improvement of the education for the students. The educational trend was to create schools for grades K - 5 and have more middle schools for grades 6 - 9. The basic principals were violated by the school board when they neglected public relations on the issue of closing any school. Dr. McGovern contended the grading of schools throughout Florida was at fault for the decline in educational value of the programs. The labels assigned to schools were detrimental to growth and development. Herb Suss, 1711 Woodfern Drive, offered to volunteer at Boynton Beach High School in any capacity that was needed. He did feel the CRA retreat held in Ft. Lauderdale was ill advised 4 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 and should have been held within the City limits. The travel distance prohibited public participation. Mayor Taylor indicated he had traveled to Denver with the previous CRA staff to witness the redevelopment in that City. The Mayor of Ft. Lauderdale had spoke to the group and indicated he had visited 16 different cities to see their redevelopment successes and failures. Mayor Taylor felt it was money well spent and offered real educational experiences. Commissioner Weiland advised the extra cost to travel to Ft. Lauderdale was only $2,000 and the media had attempted to stir up a controversy. There being no one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Mayor Taylor Arts Commission II Hay Arts Commission III Rodriguez Bldg. Bd of Adj & Appeals IV Ross Bldg. Bd of Adj & Appeals Mayor Taylor Bldg. Bd of Adj & Appeals II Hay Bldg. Bd of Adj & Appeals II Hay Code Compliance Board IV Ross Code Compliance Board Mayor Taylor Code Compliance Board II Hay Community Relations Board II Hay Education & Youth Advisory Board Mayor Taylor Education & Youth Advisory Board I Weiland Education & Youth Advisory Board II Hay Education & Youth Advisory Board IV Ross Library Board Mayor Taylor Library Board Weiland Senior Advisory Bd II Hay Veterans Advisory Commission Length of Term EXDiration Date Alt 1 yr term to 12/08 Tabled (3) Alt 1 yr term to 12/08 Tabled (3) Reg 3 yr term to 12/10 Tabled (3) Reg 3 yr term to 12/10 Tabled (3) Alt 1 yr term to 12/08 Alt 1 yr term to 12/08 Tabled (3) Reg 3 yr term to 12/10 Tabled (3) Alt 1 yr term to 12/08 Tabled (2) Alt 1 yr term to 12/08 Tabled (2) Alt 3 yr term to 12/10 Tabled (3) Reg 2 yr term to 12/09 Tabled (3) Alt 1 yr term to 12/08 Tabled (2) Alt 1 yr term to 12/08 Tabled (2) Stu N/V 1 yr term to 12/08 Tabled (2) Alt 1 yr term to 12/08 Tabled (3) Alt 1 yr term to 12/08 Tabled (3) Alt 1 yr term to 12/08 Tabled (3) Alt 1 yr term to 12/08 Tabled (3) There was consensus to table all appointments. 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. 5 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 A. Minutes 1. Regular City Commission - January 2, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve negotiations of a contract with Stanley Consultants, Inc. of West Palm Beach, FL for the "OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY", RFQ #008-2513-08jJA. Commission approved this study for this site plan at the October 17, 2006 Commission meeting. Vice Mayor Rodriguez pulled Item VI.B.1 for discussion. C. Resolutions 1. Proposed Resolution No. R08-004 RE: Approving and authorizing the execution of an Agreement between the City of Boynton Beach and DiamondVision, LLC to allow DiamondVision to videotape baseball games at Little League Park. (Tabled to February 19, 2008) Mayor Taylor pulled Item VI.C.1 to remove from the table. 2. Proposed Resolution No. R08-013 RE: Approving and authorizing execution of Amendment No.3, Task Order No.3, Brown and Caldwell in the amount of $38,265. Amendment 3 will compensate Brown and Caldwell for work that the City requested but was outside the scope of Amendments 1 and 2. 3. Proposed Resolution No. R08-014 RE: Approving support of the Florida League of Cities, Inc. key priority issues and urge members of the Florida Legislature to support those issues during the 2008 Legislative session. D. Approve the 2007-2008 Art in Public Places Plan and the Arts Commission future Master Planning initiative. E. Approve reduction in surety for the project known as Monterey Bay, reducing the required amount from the current value of $883,350.32 downward to $22,000. Motion Commissioner Hay moved to approve all Consent Agenda items with the exception of Item VI.B.1 and VI.c.1. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI. B.1 Approve negotiations of a contract with Stanley Consultants, Inc. of West Palm Beach, FL for the "OCEAN AVENUE -- INTERSTATE 95 PROJECT ALTERNATE 6 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 ACCESS ROUTE STUDY", RFQ #008-2513-08/JA. Commission approved this study for this site plan at the October 17, 2006 Commission meeting. Vice Mayor Rodriguez questioned if the scope of the project included the north, south and Ocean Avenue access or a specific route. Mr. Livergood outlined the request was to select a consultant to look at alternate routes and then negotiate the particular scope of service that would be needed and an estimated cost. Commissioner Weiland sought assurance that the project was ongoing. Mr. Bressner indicated the last contact with the developer had been in November 2007 and no permits had been issued except for demolition. When the amount to be expended was determined, the Commission would have the right at that time to approve or not approve the expense. Mayor Taylor understood the request related specifically to the southern route. Motion Vice Mayor Rodriguez moved to approve Item VI.B.1. Commissioner Weiland seconded the motion. VI. c.1. Proposed Resolution No. R08-004 RE: Approving and authorizing the execution of an Agreement between the City of Boynton Beach and DiamondVision, LLC to allow DiamondVision to videotape baseball games at Little League Park. (Tabled to February 19, 2008) Motion Commissioner Hay moved to remove Item VI.C.1 from the table. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor indicated an agreement had been reached and DiamondVision would be giving a portion of the revenue from the videotaping to the Little League. Motion Vice Mayor Rodriguez moved to approve Item VI.C 1. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Weiland requested that an update on Oceanfront Park renovations be given after the discussion on the timing of the elections. VII. CODE COMPLIANCE 8r. 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. 7 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 None IX. CITY MANAGER'S REPORT: A. Discussion on timing of elections Mr. Bressner indicated the timing of the elections was a policy issue for the Commission. An ordinance would be required to move the election to March. The impact would be that individuals whose terms expired in November 2009 would be extended to March of 2010 and those whose terms expired in March 2010 would be e>...1:ended to March 2011. Mayor Taylor reviewed the data that revealed in the past there had been a 20% voter turnout as opposed to the November election that barely had a 10% participation. Vice Mayor Rodriguez felt the data was consistent with elections across the County and it made sense to move the election to March. Commissioner Ross expressed disappointment with the low voter turnout, especially in her district. She supported the move to March. Commissioner Weiland concurred that a March election may be more convenient for many of the part-time residents of Boynton Beach. Motion Commissioner Weiland moved to authorize the City Attorney to prepare the ordinance. Commissioner Hay seconded the motion. The motion passed unanimously. Mr. Bressner next addressed the request of Commissioner Weiland for an update on the renovations at Oceanfront Park. Wally Majors, Recreation and Parks Director, presented the Commission with conceptual design drawings. The greatest challenge would be permitting for the project and the Department of Environmental Protection (DEP) regulations. The primary scope would be replacement of the boardwalk and replacement of the trellis that had been damaged during the hurricanes. Commissioner Weiland noted many residents enjoyed sitting along the boardwalk but could not tolerate the direct sun for extended periods. He felt any consideration that could be given for shaded areas would be greatly appreciated. Mr. Majors projected the completion date would be at least one year with construction commencing in late September or October. Appropriate decking for the boardwalk was an issue that had to be resolved and could create permitting issues. The suggested canopies and seating could be moved to facilitate shading. The view was an important concept and the removal of the sea grape bushes would be closely regulated. The protection of the sea turtles and lighting would also prove to be a challenge. x. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - February, 2008 B. Resolution of Intent for Fire Assessment - February 5, 2008 8 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 C. Recommendations and Action Plan on City Green Task Force - February 19, 2008 D. Discussion of funding electronic agenda software XI. NEW BUSINESS: A. Discussion of cancellation of the second City Commission meeting in November 2008 due to the Thanksgiving holiday. After discussion of actual meeting dates and the Thanksgiving holiday, there was consensus to address the issue on a case-by-case basis each year. The meetings for November 2008 were on November 4th and 18th, well in advance of the holiday season. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-038 RE: Approving annexation of .37 acres. (Ticket Clinic ANEX 07-001) 2. Proposed Ordinance No. 07-039 RE: Amending the Comprehensive Plan Future Land Use Map from CHIS Commercial High with underlying Medium Density Residential of 5 dulac (Palm Beach County) to Local Retail Commercial LRC. (Ticket Clinic LUAR 07-005) 3. Proposed Ordinance No. 07-040 RE: Approving the rezoning from CG General Commercial (Palm Beach County) to C-3 Community Commercial. (Ticket Clinic LUAR 07-005) Attorney Cherof read Proposed Ordinances No. 07-038, No. 07-039 and No. 07-40 by title only on second reading. Neither staff nor the applicant had any comments or additional information. Mayor Taylor opened the issues for public hearing. No one came forward. Mayor Taylor closed the public audience. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-038. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-039. Commissioner Weiland seconded the motion. 9 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-040. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-001 RE: Approving the transfer of Land Development Review responsibilities from the Community Redevelopment Agency (CRA) Board to the Planning and Development Board. Attorney Cherof read Proposed Ordinance No. 08-001 by title only on second reading. Vice Mayor Rodriguez inquired if the change would have any impact on staff. Mr. Bressner replied the same amount of staff and time would be utilized. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-001. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-002 RE: Amending Part III, Land Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article I, in general by amended Section 4, Fees, Subparagraph a; providing for building division fees. Attorney Cherof read Proposed Ordinance No. 08-002 by title only on first reading. There were no questions for staff. 10 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 Motion Commissioner Ross moved to approve Proposed Ordinance No. 08-002. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 1. CLOSED DOOR SESSION: Ric ~"'an Construction, Inc., Doing Business as Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach, DefendantjThird Party Plaintiff, vs. Camp, Dresser & Mckee, Inc. and David J. Prah, P.E., Third Party Defendants. - Case No. 50 2006 CA 011893 XXXXMB M Attorney Cherof announced the Commission would recess to a closed door session to discuss litigation involving Ric Man Construction, Inc., doing business as Richard Mancini Equipment Company versus the City of Boynton Beach. At the conclusion of the close door session, the Commission would be returning to the chambers for the last remaining agenda item. The meeting recessed at 8:29 p.m. The meeting reconvened at 9:00 p.m. 2. Commission Discussion and possible action regarding settlement of Ric- Man litigation Attorney Cherof explained the pros and cons of the negotiations had been discussed with the Commission and a settlement document drawn up. He requested the authorization of the Commission to finalize the document giving the City Attorney's office some flexibility on some of the wording so no further action by the Commission would be necessary. A motion would be needed to authorize the City Manager to execute the final document. Motion - Commissioner Weiland moved to authorize the City .Manager to execute the final settlement agreement. Commissioner Hay seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: A. Discussion on annexation of Gulfstream Gardens into the CRA area. 11 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 (This item was previously added to the agenda and discussed prior to the Closed Door Session.) Commissioner Weiland recalled at the second meeting in December, 2007, a discussion on the annexation had been postponed until Attorney Cherof could be present. The benefit to the City of Boynton Beach would be the additional revenue stream from the ad valorem taxes. If the entire parcel was annexed into the CRA area, additional Tax Increment Financing (TIF) funding would be available. Although Commissioner Weiland realized tax cuts were a possibility, annexing the property into the CRA would garner an additional $160,000 a year from the County above and beyond the ad valorem tax. If it was not annexed into the CRA, it would limit the leverage for bond monies and decrease the funds available for the CRA to fight slum and blight. As a matter of principal the property falls within the CRA guidelines and Commissioner Weiland felt it was prudent to keep Gulfstream Gardens within the CRA. Mayor Taylor concurred with Commissioner Weiland's remarks. Commissioner Hay noted if the CRA benefits, the City would also benefit. He also agreed with the annexation into the CRA. Attorney Cherof explained the property had already been annexed into the City and the land use designation was changed. It had been anticipated the property would be within the CRA boundaries; however, the Commission did not adopt an ordinance amending the CRA boundaries. The property owner's concerns brought the matter before the Commission in December based on the land use designation being inconsistent with properties not in the CRA. The agreement that was approved in December acknowledged there were issues of equitable estoppel and the City would honor the land use designation and zoning for the property even though it was not in the CRA. Commissioner Weiland understood the Commission could not grant the special high density designation. It was reserved for the CRA. Also, unless the property was annexed into the CRA, special incentives could not be offered to the developer. Attorney Cherof agreed with the comments relating to incentives. The agreement entered into previously was legal. The CRA cannot establish a land use designation or zoning change. Only the City Commission has that authority. The high density issue is unique to the CRA area. The developer had spent a great deal of money and effort based on the concept that they were going to be in the CRA district. The agreement avoided any litigation on the issue. Commissioner Ross understood it would be questionable, if the property was not annexed into the CRA, by the legislature and County. Mr. Bressner pointed out the developer was building market rate housing and would not be seeking any incentives. The estoppel agreement was a vehicle by which the high density could be accomplished. If the property were annexed into the CRA the City would lose approximately $225,000 a year in tax revenue from the development. Mr. Bressner's concern was future revenue stream for the City that was in jeopardy, while the revenue stream for the CRA remained healthy. Mr. Bressner had removed the discussion from the agenda feeling the issue was moot. 12 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 Mayor Taylor recalled he had specifically noted the issue of annexation would be discussed at a later time. The CRA would receive the $225,000 plus $160,000 if the annexation was approved. It would at some point improve the City also. Vice Mayor Rodriguez validated if the property were not annexed into the CRA, $160,000 of funding from the County would be lost. Mr. Bressner concurred and indicated the City would receive revenue from the value of the land, probably $20,000 a year. Although Vice Mayor Rodriguez commended Mr. Bressner for his concern for the revenue stream and being an advocate for the City, the Commission had to be advocates for the entire City of Boynton Beach and its revenue stream and the CRA as board members. Vice Mayor Rodriguez noted the plans for the CRA district did not include any building for the ensuing year, merely planning. The developer would not be missing out on any opportunities if it remained within the City, based on the agreement. He alleged the $225,000 to the City would save four jobs, while the $385,000 to the CRA would result in more plans. His position was to advocate for the City of Boynton Beach and protect the revenue stream. The CRA currently has a $lM excess allocated for additional land purchases. Mayor Taylor agreed the Commission should protect the revenue for the City. He suggested the CRA buy the City-owned properties within the Heart of Boynton for an additional revenue stream. Mayor Taylor disagreed the CRA was not doing anything because, in fact, it needed additional funds to purchase more land. He contended the County would look with disfavor if the $160,000 that was being offered was refused as not needed. Commissioner Weiland agreed with Mayor Taylor that the $385,000 would buy several parcels of land in the Heart of Boynton area to be assembled to move the area forward. Vice Mayor Rodriguez contended the developers should be searching for land acquisition rather than the CRA. He further offered the suggestion that the developer purchase the City-owned properties rather than the CRA purchasing the parcels. The CRA did not have $2M to buy the City-owned properties. Mayor Taylor offered the CRA buys land to enable affordable housing to be built. Developers cannot buy the land and develop it and keep the homes affordable. The CRA buys the properties to make it more desirable for developers to come into an area for improvements. He noted the Promenade was proceeding and the Gulfstream Lumber site was coming out of the ground also in 2008. Other projects would be forthcoming also. Commissioner Hay was in total agreement with Mayor Taylor and contended the monies could be used to buy property and give the necessary leverage to lower the cost of housing. Motion Commissioner Hay moved to amend the CRA boundaries by ordinance to include Gulfstream Gardens. Commissioner Weiland seconded the motion. The motion passed unanimously. 13 Minutes Regular City Commission Boynton Beach, FL January 15, 2008 XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting was properly adjourned at 9:02 p.m. Cfrv OF BOYNTON BEACH: Yn.~ ATTEST: 14 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz BuildIng EngIneering Occ. LIcense Deputy CIty CI.rll PROJECT NAME: The Chow Hut APPLICANT'S AGENT: Mr. Anthony Mauro, 558 Gateway Boulevard, LLC APPLICANT'S ADDRESS: 558 Gateway Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2008 TYPE OF RELIEF SOUGHT: Request a one (l)-year site plan time extension until November 1, 2008, for a building addition to a proposed restaurant on a 0.18 acre parcel in the C-2 zoning district. LOCATION OF PROPERTY: 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west of North Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicaj1t's application for relief is hereby L. 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: a -g-08 S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 08-002\DO.doc EXHIBIT "C" Conditions of Approval Project name: The Chow Hut File number: SPTE 08-002 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 corresponding with MSPM 05-007. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 2. Where applicable, the subject project has to comply with the current code X regulating tiki huts (Ordinance 07-025). ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S :\Planning\SHARED\ WP\PROJECTS\Chow Hut\SPTE\COA.doc Exhibit "A" - Site Location Map Chow Hut - SPTE 08-002 . 11 0 55 0 r-\....-_ 110 220 330 440 I Feet w4tE S