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Minutes 04-15-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 15, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. 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 C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Marlene Ross offered the invocation and led the Pledge of Allegiance to the Flag. Mayor Taylor recognized members of Boy Scout Troop 395 and Troop 280, who were present and working on their citizenship merit badges. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross announced she had attended the Citizens Police Academy graduation and that a very diverse group of citizens had participated. She congratulated Major Wendy Unger and Officer Huntington on their excellent program. Commissioner Hay agreed and urged all citizens to participate, if possible, as it was very worthwhile. Both Commissioners Hay and Ross are past graduates of the Academy. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Commissioner Ross also reminded the Commission there was an upcoming tourism summit at the Kravis Center for the Palm Beach County Convention and Visitors Bureau scheduled for May 16, 2008 from 8:30 a.m. to 4: 15 p.m. Commissioner Hay encouraged everyone to get their income taxes filed by the deadline to qualify for the proposed rebate. Mayor Taylor reminded the Commission of the workshop for elected officials being held on April 23, 2008 in Lantana from 1 p.m. to 4 p.m. He reviewed the various subjects that were scheduled to be discussed. Mayor Taylor congratulated the new CRA Police detail who were instrumental in the arrests recently made in Mangrove Park. It was a prime example of the need for the special CRA unit and assuring the safety of citizens of all ages. He also complimented the Recreation and Parks Department on the tremendous job they did renovating Jaycee Park. He remarked teamwork and results are the cornerstone of the Recreation and Parks Department for the City of Boynton Beach and it shows. B. Discussion of the LWDD Canal Fill proposal Commissioner Weiland commented on the proposed purchase by Mega Mini Storage of the adjoining property, being a canal owned by the Lake Worth Drainage District, to accommodate expansion plans. He requested permission to attend the Lake Worth Drainage District meeting and speak on behalf of the City opposing the sale and expansion. Mayor Taylor added it would be a tremendous imposition on the people in the community who own property along the canal to possibly have a parking lot next to their homes rather than a canal. Commissioner Hay expressed his position against filling in the canal also and agreed with Commissioner Weiland's representation. Motion Vice Mayor Rodriguez moved to allow Commissioner Weiland to represent the City Commission in support of not supporting the canal fill-in for parking. Commissioner Hay seconded the motion. The motion passed unanimously. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Announcing the April 18, 2008 Oceanfront Concert featuring the music of Eloquence from the 60s, 70s & 80s including disco and R&B. The FREE concert will be from 6 to 9 p.m. at Oceanfront Park. Kathy Biscuiti, Special Events Manager, noted the free concert on April 18, 2008 from 6 p.m. to 9 p.m. would feature music from the 60s, 70s and 80s and invited everyone to enjoy the 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 entertainment. She also suggested the Commission consider budgeting funds for the concerts to continue. It was determined the concerts have an annual cost of $8,000 to $10,000. Searching for alternative private funding was suggested as well as showcasing the City's many other parks. Issues that would need to be addressed would include parking and proximity to residences. B. Community and Special Events: None C. Presentations: 1. Proclamations a. 2-1-1 Awareness Month - May, 2008 May, 2008 was proclaimed 2-1-1 Awareness Month by Mayor Taylor who read the proclamation and presented it to Susan Buza, representing 2-1-1. She advised there had been a 10% increase in the number of calls from Boynton Beach to the 2-1-1 network. b. National Public Works Week - May 18 -- 24, 2008 National Public Works Week was recognized as May 18 - 24 and the proclamation was presented to Jeff Livergood, Director of Public Works and Engineering, and Pete Mazzella, Deputy Director of Utilities. Mr. Livergood stressed the infrastructure of all cities is crucial to be maintained and improved. It can only be done with the assistance of the Commission and City staff. c. Arbor Day - April 24, 2008 Mayor Taylor proclaimed April 24, 2008 as Arbor Day and presented the proclamation to Mr. Livergood, who noted the urban forest is an important asset that is monitored by a horticulturalist and certified forester. d. Building Safety Week - May 5 - 11, 2008 Quintus Greene, Director of Development, was presented with the proclamation for Building Safety Week observed May 5 -11. Mr. Greene accepted the proclamation on behalf of his 15 member staff. 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> Myra Jones, 311 NW 4th Avenue, inquired if a curfew could be considered for young adults and teenagers. Mayor Taylor responded a curfew had been considered on several occasions; 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 however, it was concluded it would punish the good also and not be effective. Ms. Jones also announced the Heart of Boynton Neighborhood Association, in conjunction with the Community Caring Center, was holding the 1st Jazz Night on April 25, 2008 and hoped everyone could attend the festivities. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Exoiration Date Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) Motion Commissioner Weiland appointed 11m Rurey as a regular member of the Building Board of Adjustment and Appeals. Commissioner Hay seconded the motion. The motion passed unanimously. II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) IV Ross Community Relations Board Alt 3 yr term to 12/10 Tabled (3) Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (3) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Library Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (3) IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08 Motion Mayor Taylor appointed Stephen Levine as a regular member of the Veterans Advisory Commission. Commissioner Weiland seconded the motion. The motion passed unanimously. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Motion Commissioner Hay moved to table all other appointments not made. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - April 1, 2008 Commissioner Ross pulled item VI.A.1 for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve a piggyback of Bid #2005-066 from Boca Raton to contract with Roof Painting by Hartzell, Inc. for the floor re-coating of the top three levels of the parking garage in the amount of $89,742.48. Commissioner Hay pulled Item VI.B.1 for discussion. 2. Approve the purchase of the Toro OSMAC RDR Irrigation Control System Package from Hector Turf in the amount of $86,731. 3. Approve piggyback of JEA contract Bid #WCS-066-07 with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a total project cost of $1,498,534.72 plus a 5% contingency $74,926.74 for a total of $1,573.461.46 4. Accept the written report to Commission of purchases over $10,000 for the month of March, 2008. Commissioner Weiland pulled Item VI.B.4 for discussion. 5. Approve a piggyback of the Sarasota County Bid #7518JW to Florida Highway Products, Inc. of Bartow, FL in the amount of $456,508 plus a 9.5% contingency ($43,368) for a total of $499,876 to repair deteriorating City roadways for the annual micro-surfaCing project. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 6. Approve a piggyback of the City of Delray Beach contract Bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a total project cost of $476,202 plus a 5% contingency of $23,810 for a total of $500,012. 7. Award Bid #034-2821-08jJA, "UFT STATION REHABILITATION PROJECT", to Intercounty Engineering, Inc. and execute a contract in the amount of $1,794,179 plus an owner's contingency of 10% in the amount of $179,418 for a total budget appropriation of $1,973,597. (Proposed Resolution No. ROB-046) 8. Award Bid #035-2821-08jOD, "PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1", to B&B Underground Contractors, Inc., and execute a contract in the amount of $895,460 plus an owner's contingency of 10% in the amount of $89,546 for a total project budget appropriation of $985.006. (Proposed Resolution No. ROB-047) C. Resolutions 1. Proposed Resolution No. R08-048 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Edwin Cordero & Carlos Lopez for the property at 1084 Florence Road, Lantana, FL. 2. Proposed Resolution No. R08-049 RE: Approving and authorizing execution of a Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions between the St. Andrews Club and the City of Boynton Beach for Lift Station 101. 3. Proposed Resolution No. R08-050 RE: Approving and authorizing execution of a First Amendment to the Recreation Assistance Program (RAP) Agreement for a grant in an amount not to exceed $35,000 from the RAP - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000), to assist with costs for Boynton Beach Little League field improvements. 4. Proposed Resolution No. R08-051 RE: Approving and authorizing execution of the First Amendment to Lease Agreement between the property owners, the County and City of Boynton Beach for the Community Garden Program. 5. Proposed Resolution No. R08-052 RE: Approving and authorizing execution of an agreement between Palm Beach County and the City providing funding to offset the cost of the 2008 Boynton Beach Heritage Celebration Event in the amount of $7,000. 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 6. Proposed Resolution No. R08-053 RE: Approving and authorizing execution of a standard agreement with PBC Tax Collector's Office for collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach. 7. Proposed Resolution No. R08-054 RE: Approving and authorizing execution of a standard agreement with PBC Property Appraiser's office for billing and collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach utilizing the Uniform Method of Collecting Non-Ad Valorem Assessments. 8. Proposed Resolution No. R08-055 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County and the City of Boynton Beach regarding Open Cuts Under County Thoroughfares. 9. Proposed Resolution No. R08-056 RE: Approving and authorizing execution 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, in the amount of $58,346. Commissioner Weiland pulled Item VLC.9 for discussion. D. Authorize the use of $500 for the Galaxy Elementary School Spring Carnival, Saturday, April 19, 2008 from Mayor Taylor's Community Investment Funds. E. Authorize the use of $1,000 for the Bethesda Hospital's Nurses Week, May 4-10, 2008 from Mayor Taylor's Community Investment Funds. F. Authorize the use of $3,000 for Bethesda Hospital's Nurses Week, May 4-10, 2008 from Commissioner Weiland's Community Investment Funds. Commissioner Weiland pulled Item VLF. for discussion. G. Approve the full release of surety for the projects known as Montreux I and II, in the aggregate amount of $438,100 and returning letters of credit number DBS- 16551 and DBS-17099 to Lennar Homes, the developer of the project. Motion Vice Mayor Rodriguez moved to approve the consent agenda with the exception of those items pulled for discussion. Commissioner Hay seconded the motion. The motion passed unanimously. VLA.1. Regular City Commission - April 1, 2008 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Commissioner Ross requested the minutes, associated with the Child Abuse Prevention proclamation, reflect that Gloria Goldfadden represented the Hugs for Kids program. Motion Commissioner Ross moved that Item VI.A.1. be approved as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. B.1 Approve a piggyback of Bid #2005-066 from Boca Raton to contract with Roof Painting by Hartzell, Inc. for the floor re-coating of the top three levels of the parking garage in the amount of $89,742.48. Commissioner Hay requested information on the longevity of the re-coating and if there was any warranty involved. Mr. Livergood replied the application was expected to last eight to ten years and would improve traction on the surface. Motion Commissioner Hay moved to approve Item VI.B.1. Commissioner Ross seconded the motion. The motion passed unanimously. VI. B.4 Accept the written report to Commission of purchases over $10,000 for the month of March, 2008. Commissioner Weiland requested a monthly report on the purchases under $10,000. Vice Mayor Rodriguez developed the fact that all purchases made are within the budget. Motion Commissioner Weiland moved to approve Item VI.B.4. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C.9. Proposed Resolution No. R08-056 RE: Approving and authorizing execution 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, in the amount of $58,346. Commissioner Weiland questioned if the Ocean 95 project was moving forward and permits drawn. Mr. Livergood advised the site plan time extension would not expire until next January. In that case, Commissioner Weiland voiced concern that monies would be spent unnecessarily if the project did not ultimately proceed. Mayor Taylor indicated the study should be done to assist in the development of whatever project or construction may occur at the site. 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Motion Commissioner Weiland moved to approve Item VI.C.9. Commissioner Hay seconded the motion. The motion passed unanimously. VI.F. Authorize the use of $3,000 for Bethesda Hospital's Nurses Week, May 4-10, 2008 from Commissioner Weiland's Community Investment Funds. Commissioner Weiland advised the monies would be for the Jayne E. Miller Scholarship funds and not the events being held during the week. It was clarified that the scholarship funds are for the nurses that work at Bethesda Hospital to receive further training and advance their careers. Mayor Taylor agreed that his donated funds would be for the same purpose. Commissioner Weiland challenged the other Commissioners to support the scholarship fund also. Commissioners Hay and Ross donated $1,000 each to the Jayne E. Miller Scholarship Fund. Motion Commissioner Weiland moved to approve Item VI.F. with the correction as indicated. Commissioner Ross seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7.H.4., to eliminate the density regulation exclusive to hotelsjmotels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. (1st Reading Proposed Ordinance No. 08-006) Agent: Description: Attorney Cherof read Proposed Ordinance No. 08-006 by title only on first reading and advised the hearing was legislative rather than quasi judicial. Ed Breese, Principal Planner, indicated the request was staff initiated to strike any reference regarding density in the hotel/motel regulations as they are considered transient lodging. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Motion Commissioner Hay moved to approve the re-wording. Commissioner Weiland seconded the motion. Vote Chief Clerk Prainito called the roll. The vote was 5-0. B. Project: Agent: Description: EAR-based Comprehensive Plan Amendments City-initiated Request to transmit Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan to update the goals, objectives and policies and the Future Lane Use Map. (1st Reading Proposed Ordinance No. 08-007) Attorney Cherof read Proposed Ordinance No. 08-007 by title only on first reading. Hanna Matras, Senior Planner, explained text and map amendments to the Comprehensive Plan were transmitted to the State every seven years in an Evaluation and Appraisal Report (EAR). The proposed changes had been sent to the Department of Community Affairs (DCA) on November 5, 2006. On February 16, 2007, a letter of determination of sufficiency was issued by the DCA. According to the law, the EAR must be adopted within a single amendment cycle of 18 months after the report is determined to be sufficient. The request was to recommend the transmittal of the amendment to DCA and if no objections, recommendations or comments are issued, a second hearing to adopt the amendments would be scheduled. Dick Hudson, contractor, noted the process started in 2004 and had progressed to the last two steps, finishing in August, 2008 with the final adoption of the amendments. The Planning & Development Board had two major points of discussion. The first was the amendment to combine the low density residential and the moderate density residential districts creating one single family residential district with a maximum density of 7.5 dwelling units per acre (du). Currently, low density has 4.8 du and the moderate density has 7.26 duo The other discussion related to the failure to address blueways in the recreationjopen space element and the lack of a definition. It was recommended that the definition of blueways be added to the Recreation and Parks Strategic Plan update which could then be included in the next EAR amendments. The Planning and Development Board had recommended not combining the two density categories. It felt the expectation could be created that the low density limits could be increased. At the present time, an increase in density requires a land use amendment and rezoning. If combined, requests to change a land use designation would be unnecessary. The Future Land Use Element, Recreation and Open Space Element and Intergovernmental Coordination Element, underwent extensive rewriting. No changes were made to the Public School Element or the Capital Improvement Element. 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 The support documents and covered areas were changed in the Coastal Management Element including maps such as the storm surge area and coastal flood zones. Additions were also made to the support documents for the Housing Element. In the Future Land Use Element, concurrency was listed as the first policy as it was the primary concern of the DCA. Another change was to move all the existing land uses to the second objective of the plan. Attempts were made to consolidate the uses as much as possible. The existing elements were maintained and workforce housing, annexation and economic development objectives were added. There was a change in the Transportation Element to adapt to the County regulations and definitions dealing with the transportation concurrency exception area (TCEA). All of the transit maps were redone in color by GIS to replace hand-drawn maps. Minor changes were made to the Utility Element. There will be future changes to meet the State requirement for a 10-year water supply facilities plan to be done within 18 months of the time the South Florida Water Management District adopts their lower east coast water supply plan for consistency. The Conservation Element had minor changes. The Recreation and Open Space Element was completely rewritten due to the Strategic Master Plan of Recreation and Parks. Only minor adjustments were made to the Housing Element. The housing needs assessment was added to the support documents. The Intergovernmental Coordination Element required updating. Throughout the elements, many areas that were marked reserved were removed. Mr. Bressner requested clarification on the merging of the hearing process for rezonings and land use amendments. Mr. Hudson replied, if the proposed amendment were accepted, only a hearing on the rezoning would be required to increase the density from low density to moderate density. A hearing on a change of land use would not be necessary. The Planning and Development Board did not want the two land use designations merged. Mr. Bressner concurred with the Planning and Development Board. Mayor Taylor opened the issue for public hearing. Buck Buchanan, 807 Ocean Inlet Drive, contended the merger of the two land use designations would negate the reasonable expectation of existing adjoining property owners that increased density would not be allowed. He strongly urged the Commission to maintain the status quo with the two designations separate and apart from each other. Bob Brown, 701 South Seacrest, alleged the Commission had created a huge tax base, and converted industrial property to high density residential to build the City and generate greater revenue, increasing the wage base also. The amendment was reasonable and streamlined the process without the extra layer of staff review. He urged the Commission to make it easier for zoning regulations. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Brian Edwards, 629 NE 9th Avenue, supported the suggestion of the Planning and Development Board and the remarks of Mr. Buchanan. Mr. Hudson continued with map amendments and pointed out the City had a great many inconsistencies between land use and zoning designations. These parcels have land use density up to 4.8 du while the zoning allows higher density. The alternative would be to give the areas that are inconsistent the land use designation consistent with their density. There were four principal amendments to the land use maps being Quantum DRI (Development of Regional Impact), Boynton Beach Mall, Sunshine Square and Moderate Density Residential. Quantum is currently designated industrial, but in reality the uses are different and based on the amount of traffic generated. The Boynton Beach Mall is local retail commercial, but it is a DRI. The Sunshine Square property would be returned to its original commercial status. The objective was to bring all the DRI zoning and land use together. Most Moderate Density Residential areas are built out at this time. A single land use designation would be created changing the Moderate Density Residential to Low Density Residential with a maximum density of 7.5 duo An alternative would be to rezone the low density to moderate density residential. Another alternative would be to make no changes, according to Mr. Bressner. Nancy Chandler, 914 NE 7th Street, agreed with Mr. Buchanan's remarks and failed to understand the logic of changing the existing density. The visioning processes over many years emphasized preserving the small town and neighborhoods. Harry Woodworth, 685 NE 15th Place, commented the current construction and economic climate was perfect for making changes as suggested and clarifying the regulations, while preserving the single family neighborhoods. Roger Saberson, 2740 SW Cranbrook Drive, was present representing himself, although he is a member of the Planning and Development Board. He opined that the amendments were simply keeping the name of low density residential, but increasing the density to 7.5 duo The low density designation has been akin to single-family residences, rather than the moderate density that allowed townhouse or apartment type of density. Mr. Saberson stressed the Comprehensive Plan should be the Constitution and the Land Development Regulations should be consistent with the Plan. Therefore, the Land Development Regulations, zoning, should be changed for consistency. Zoning and land use are two separate and distinct issues. The solution would be to adjust the Plan for those areas only. If an area is developed as single family at a lower density with a higher land use classification, the land use should be lowered for consistency. Mr. Saberson urged the Commission to adopt the recommendation of the Planning and Development Board. Michele (last name not given), NE 10th Avenue, opined lowering the density would put limitations on areas. In consideration of the growth in Boynton Beach, she felt it made no sense to lower the density anywhere within the City. Mr. Hudson emphasized that 7.5 du would be a 60 x100 foot lot and would not allow for multi- family structures. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Mayor Taylor understood the inconsistency and attempts being made to correct the situation; however, he supported maintaining the lower density of 4.8 duo The Mayor commended the Planning and Development Board for recognizing the issue. The solution to the inconsistencies would be to change those areas with low density zoning to moderate density zoning where necessary and keep both designations, low and moderate, separate. Commissioner Hay concurred the zoning should change from 7.5 du to what the land use is of 4.8 duo Mr. Bressner contended if the Commission agrees with the recommendation of the Planning & Development Board to maintain the status quo, the zoning would have to be reviewed on a case-by-case basis to determine whether or not a non-conforming use would be created if rezoned to a lower designation. He cautioned there may be instances where rezoning to a lower density could create an economic hardship. The rezoning may be appropriate in other instances. Mayor Taylor did not feel lowering the zoning for an existing higher zoning would be appropriate. Those areas with higher density included should be rezoned to moderate. The properties zoned for lower density should remain the same. Vice Mayor Rodriguez expressed concern with any possible impact on neighborhoods to change zoning. Mr. Hudson advised most of the areas were built out with the exception of a few vacant lots. There were no multi- family residences. A higher density would have to be requested. There was consensus to adopt the table as suggested by the Planning and Development Board. Attorney Cherof advised a motion should be made to adopt the ordinance which includes within its body, authorization to transmit, subject to the changes discussed by the Commission. Motion Commissioner Hay so moved to adopt Proposed Ordinance No. 08-007. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof announced the Ordinance would be returned for seconded reading in August. IX. CITY MANAGER'S REPORT: A. Discussion of proposed annexation of properties in vicinity of Hypoluxo and High Ridge Road. Mr. Bressner discussed the request to either annex the property into the City or supply sanitary sewer service. The property is located at the northeast corner of High Ridge Road and Hypoluxo Road which is not contiguous to the City or within the utility service area. The designated service provided north of Hypoluxo Road would be the City of Lake Worth which is not able to supply sewer to the property, but can provide water. City staff contended it would 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 be more appropriate to be annexed for tax base reasons. The applicant had assembled land on both the north and south sides of Hypoluxo Road for annexation to make the properties contiguous to the City of Boynton Beach. An interlocal agreement with Lake Worth would be required. Also, the City of Lantana had filed a letter of objection regarding the property on the northeast corner as it lies within their proposed annexation area. Mayor Taylor, Commissioners Hay and Ross divulged they had met with the applicant. Commissioner Weiland advised he had missed his appointment to meet with the applicant. Ilene Michelson, counsel for the four property owners, was present as well as Bernie Maribona, owner of the property on the northeast corner. Ms. Michelson reviewed the request and discussed the possible options available to the Commission. She advised Lake Worth Utility was unable to provide any sanitary service to the area. Mr. Maribona displayed the elevation drawings of the shopping center he was requesting to construct on the northeast corner. He also had an agreement with the owner to develop the property on the southeast corner. A connection to the City of Boynton Beach sewer system would allow for a much more upscale shopping center than what would be allowed with a septic system on the site. If all the properties were annexed, the City would enjoy an increase of $15,000 in the tax base with the property vacant. The revenue would only increase with improved development. Mayor Taylor noted the owner of the gas station on the southeast corner had indicated he would be present and wanted to speak. It was determined the owner of the gas station was not present. Ms. Michelson advised she had a letter from the owner indicating his agreement to allow her to represent his interests. Commissioners Weiland, Hay and Ross agreed that the properties south of Hypoluxo Road should be annexed and sewer services provided outside the designated service area to the property on the northeast corner. Ms. Michelson indicated the surrounding property owners were in favor of the development rather than an empty lot at the site. Mayor Taylor pointed out the City would receive nothing in return for extending the sanitary service outside of the service area and eventually Lantana would reap the benefit of the increased revenue from the tax base. Ms. Michelson countered that there was an agreement for Mr. Maribona and the property owner on the southeast corner to also develop that area which would ultimately increase the tax base of the City of Boynton Beach. Motion Commissioner Ross moved to authorize the City to enter into an interlocal agreement with the City of Lake Worth to provide sanitary sewer service to the northeast corner of Hypoluxo Road and High Ridge Road with the understanding that a petition for annexation of the properties on the southeast side of Hypoluxo Road be annexed into the City of Boynton Beach in conjunction with providing the sanitary service. Commissioner Hay seconded the motion. The motion passed 4-1. (Mayor Tay/or dissenting) B. Discuss a summary financial analysis of the City's General Fund and the Utility Fund for the six months ended March 31, 2008. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Barry Atwood, Director of Financial Services, advised the analysis dealt with only the General Fund and Utility Fund, representing approximately 75% of the total expenditures of the entire City. With respect to the General Fund, the comparisons were made with the previous year rather than an analysis based on a half year or six month analysis due to the revenue and expenditure history. Currently, revenues for the general fund are consistent with the previous year at 68%. Expenditures of the General Fund to date are at 53% of the appropriation and the same as last year. The Utility Fund has revenues exceeding expenditures by approximately $lM. The revenues of the Utility Fund are at 41 % of the annual amount, somewhat less than last year due to the water restrictions in place. The rate increase did minimize the impact of the lesser water usage. Expenditures are at 38% this year compared to 41% last year. Commissioner Hay questioned the difference in the CRA reimbursement of $3,000 last year to approximately $200,000 this year. Lisa Bright, CRA Director, indicated a stabilization period had passed and the $200,000 represented amounts for the previous years contributions also. X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software - May 20, 2008 B. Discussion of disposition of Old High School - April 2008 C. Review new resolution for enclave annexation (Tabled on February 19, 2008) XI. NEW BUSINESS: A. Consideration of evaluating the City's Noise Ordinance for improving and encouraging a vibrant downtown. Ms. Bright advised issues have arisen dealing with the parameters of the City's Noise Ordinance decibel levels and timing. She hoped the Commission would entertain louder music on Friday nights especially and investigate how Delray and Lake Worth have dealt with the noise issue in bringing businesses to the downtown area. The possibility of a case-by-case analysis was discussed rather than the entire downtown regulations. Vice Mayor Rodriguez suggested the CRA submit specific recommendations to enhance the downtown area. There was consensus that the CRA staff conduct comparative studies of other municipalities' regulations and the needs of the downtown area and submit specific recommendations together with a draft ordinance to change the Code. Commissioner Hay suggested the Heart of Boynton area be given special consideration as it was a more residential area. B. Evaluate and decide to remove the CRA's pledged payment of $2.3M for the Public Works Site due on October 1, 2008 as well as an $8.3M payment due in the subsequent year. Mr. Bressner reported the Public Works facility would move to a future list unless a redevelopment project would come about necessitating the relocation and funds were 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 forthcoming from the CRA. It would have no impact on the City of Boynton Beach. There was no contractual obligation. Motion Vice Mayor Rodriguez moved to proceed with the removal of the CRA pledge payment of the $2.3M and $8.3M subsequent payment and authorize staff to modify the CIP plan to move the Public Work facility date of construction into the future. Commissioner Ross seconded the motion. The motion passed unanimously. C. Consideration of pressure cleaning the sidewalks on Ocean Avenue Ms. Bright reported the topic arose due to a Code Enforcement issue for the Hurricane Alley sidewalk. It was revealed that there was a possibility the City could piggyback on another contract to pressure clean all the sidewalks on Ocean Avenue. Commissioner Weiland felt the issue should involve a larger area. The current enforcement is based on complaints and the owner assumes the responsibility for cleaning. Mr. Livergood indicated the City does have a pressure cleaner for its own facilities, but it is not an assigned task throughout the City. The funds for sidewalks are for repair and replacement. Mr. Bressner suggested the City could enter into a contract and the CRA assume the cost since it is the downtown area. Commissioner Weiland stressed the entire length of Ocean Avenue from Sea crest to the bridge should be cleaned since it was a high-profile area. There was consensus it be handled as a Code Enforcement basis. D. Direct City staff to coordinate with CRA staff in the mapping necessary to establish a legal description to define an area known as a "Brownfield". Vice Mayor Rodriguez noted there was a discrepancy in the request before the Commission and the actual recommendation of the CRA board. Commissioner Weiland indicated he had asked that the item be placed on the agenda. Vice Mayor Rodriguez recalled the motion passed by the CRA was to recommend to the Commission that a brownfield area be designated based on industrial, commercial and selective residential that is up for redevelopment. Commissioner Ross concurred. Attorney Cherof pointed out the agenda item is broad enough that the motion could be framed in any way. Ms. Bright added both the City Manager and City Attorney indicated a legal descriptive area would have to be defined. The CRA cannot do the necessary mapping. Vice Mayor Rodriguez indicated the mapping would be a result of the designation which was the essence of the recommendation. Mayor Taylor clarified the recommendation was that the City Commission should decide if and where the brownfield designation would apply. Attorney Cherof noted any action taken would not correct any consistency between what the CRA does and what is communicated to the Commission. Ms. Bright agreed. It was clarified that only the Commission can designate a brownfield area. The statute allows the Commission to delineate an area that co-exists with the CRA area or any other area lesser than the CRA boundaries. It also provides that all property owners in the designated area have 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 the option to request the right to be excluded from the designation and if requested, they are excluded. The process should be to define the area and begin notifying the property owners of their options and eventually map the area. Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work together to map the area for approval. Motion Commissioner Weiland moved to designate the entire CRA area as a brownfield and allow any individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board and allocate brownfield designations to commercial, industrial and selective residential properties and allow the City Manager through GIS to come back with specifics to be brainstormed. Commissioner Hay seconded the motion. Attorney Cherof advised the motions were competing and Commissioner Weiland would need to agree with the substitute motion. Commissioner Weiland did not agree with the substitute motion. Commissioner Weiland's motion failed 2-3. (Mayor Tay/or, \l'ice Mayor Rodriguez and Commissioner Hay dissenting) Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting) Attorney Cherof mentioned that once the map was prepared and the notice to the property owners begins, the property owners retain the right to elect out of the designation area. E. Approve the Downtown Master Plan Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the CRA had a number of plans that overlapped, making it very difficult for developers in the area. The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept. Mayor Taylor noted the Commission had already viewed Mr. Garcia-Pons presentation. He inquired if the Commission approved the downtown master plan, would the Commission be approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and Mr. Bressner noted there was very strong language in the plan regarding the Old High School and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay." 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Attorney Cherof advised the Commission was not obligated, but it needed to be clear that it is conceptual and perhaps some of the language in the document itself should reflect that it is conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cherof agreed with the City Manager that some of the key components should be resolved before approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan should continue to move forward. It was noted plans could be amended and the RFP will let the market determine the building's feasibility. Mr. Garcia-Pons added the Master Plan is simply a guideline and a moment in time Motion Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor Rodriguez seconded the motion. The motion passed 4-1. (Commissioner Ross dissenting) F. Amend the Land Development Regulations to delete the accessory use restriction. Attorney Cherof advised the Code prohibits accessory use, except in conjunction with the primary use. The use is a residential use. If you were to modify the Code to eliminate the requirement, vacant lots would be used for accessory uses in advance of the primary use being constructed. Accessory uses would include a boat dock, swimming pools, tennis courts, basketball courts, barbeque facilities and many others. The staff and legal recommendation was that the Code not be expanded and not eliminate the requirement that the use be accessory to a primary use. A motion would not be necessary to retain the status quo. Bob Brown, 701 S. Seacrest, alleged the action taken by the City is a misinterpretation of the Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code that relate to accessory and primary uses. He noted the dock would be a stand-alone dock. His contention was the State of Florida and the Army Corps of Engineers have controlled and owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the Army Corps of Engineers to build a boat dock on their property along with a consent of use easement. It was his theory that the dock would be a stand-alone accessory on the State property and not on his property; therefore, the Code regulations did not apply to his proposed dock. Access to the dock would be from the bulkhead and not on the same lot which is what the accessory use definition requires. Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat dock is in fact an accessory use even though it is not on the person's property, and clarify the Code. Motion Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. XII. LEGAL: 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-008 RE: Approving the clarification of when benefits are payable for terminated vested participants of the Police Pension Fund; adds detail of Internal Revenue Code Section 415 language to the plan and lengthens the DROP election period from 20 to 25 years. Attorney Cherof read Proposed Ordinance No. 08-008 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-008. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 08-009 RE: Approving the modification of the Fire Pension Plan to include the ability of its members to purchase permissive service credits. Attorney Cherof read Proposed Ordinance No. 08-009 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-009. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 None XIII. UNFINISHED BUSINESS: A. Motion to approve the final recommendations put forth by the American Assembly Implementation Sub-Committees, as they directly correlate to the American Assembly Policy Statement Action Items. (Tabled on April 1, 2008) Motion Commissioner Weiland moved to remove Item XIII.A. from the table. Commissioner Ross seconded the motion. The motion passed unanimously. The 26 recommendations of the American Assembly Implementation team were reviewed and the consensus on each item is listed as follows: 1. Mandatory training for all elected officials - Change wording to encourage training 2. Establish partnership with the Women's League of Voters - Denied. Forums already being held. 3. Create two mega districts - Denied. 4. Maintain part time status for all elected officials - Agreed to remain part time. 5. Do not increase compensation for elected officials - Return to Commission for discussion. 6. Mega District Commissioners to receive a higher rate of pay - Denied. 7. City Commission included in pension benefits - Referred to City Attorney. 8. Encourage Advisory Board members to attend Florida League of Cities Institute of Municipals Officers and create an Advisory Board handbook - Agreed. 9. Hold Advisory boards accountable by mandating quarterly or biannual reports - Agreed as a biannual report of board's recommendations and accomplishments. 10. Create an Education Coordinator position - Return to Commission for discussion. 11. Create a task force to reduce drop-out rates, crime and delinquency - Return to Commission for discussion. 12. Reassess Traffic Concurrency Exception Areas - Denied. Addressed through the County. 13. Implement "Streetscape Programs" in target redevelopment areas - Denied. 14. Eliminate Shopper Hopper - Agreed to evaluate Shopper Hopper program. 15. Create a Citizen Task Force to evaluate parking needs on an ongoing basis.-Denied. 16. Install parking meters downtown - Denied. 17. Secure a downtown parcel for the purpose of a parking lot - Denied. CRA is addressing the issue. 18. Use CRA monies or Parking Fee-in-lieu of funds for additional parking - Denied. CRA is addressing. 19. Maintain roadways as greenways and create bike lanes - Denied. 20. Hire CRA staff member as Code Compliance Officer - Denied. Code Compliance is addressing the problems. 21. Reach agreement with Palm Tram to construct bus shelters without advertising - Denied. 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 22. Preserve all remaining industrial land and market the industrial land - Return to Commission for discussion. 23. Continue to support mixed use developments - Denied. Commission continues to revitalize the City. 24. Hire an Economic Development Director - Return to Commission to develop a team of City Staff. 25. Hire CRA Code Enforcement Officer to utilize eminent domain - Denied as illegal. 26. Establish a Community Relations Team and create a "Road Show" -- Referred to the Community Relations Board. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:51 p.m. CITY OF BOYNTON BEACH ATTEST: Woodrow L. Hay, Commissio r 7~ h Marlene Ross, Commissioner 21