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Minutes 02-09-10 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 9,2010 Present: Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Absent: Jerry Taylor, Mayor Jose Rodriguez, Commissioner I. OPENING Vice Mayor Hay called to order the meeting of the City Commission at 8: 13 p.m. 1. Consideration of a Resolution recommending that Wal-Mart Stores East, LP Store No. 5911 be approved as an eligible business under the State of Florida Brownfield Statutes and Contribution of Local Financial Support. Vivian Brooks, Assistant Director of the Community Redevelopment Agency (CRA), indicated this was the first business to take advantage of the 2010 Florida Office of Tourism and Economic Development incentives associated with the brownfield. It required the City to report Wal-Mart is an eligible business and there would be a local match for each full time equivalent job of $500. It was estimated at $75,000, spread over five years. The CRA would be responsible for payment and an Interlocal Agreement would be needed. The full-time equivalent jobs created would have to be certified by the Office of Tourism and Economic Development. Staff recommended approval. Vice Mayor Hay opened the issue for public comment. Steven Holzman, 206 W. Ocean Avenue, requested the Commission table the matter and all other votes because two of the Commissioners were absent and in particular the Commissioner representing the district where Wal-Mart would be located. Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 9, 2010 Mr. Weiland noted any action would be available for review by minutes and would have the opportunity to be discussed again at the February 16, 2010 Commission meeting. Their absence should not block moving forward. Ms. Ross concurred. Mr. Holzman asked if the meeting was noticed as a special or regular meeting. Attorney Cherof replied it was a special meeting and noticed as such. Mr. Holzman suggested notification for special meetings occur on the website for the benefit of the public. The current calendar did not indicate the special meeting and the agenda was not posted. The Commission meeting notice only appears on the agenda of the CRA. He contended, based on the lack of public notification of the meeting, the meeting should be adjourned until the normal Commission meeting. Attorney Cherof responded the meeting had been properly convened and the Commission had authority to act. The custom of the Commission had always been that a member that is not present could make a motion for reconsideration. Motion Commissioner Ross moved to approve Resolution R10-022. Mr. Weiland seconded the motion. The motion passed unanimously. 2. Consideration of entering into an ILA with the CRA regarding the Brownfield Eligible Business Financial Contribution. Ms. Brooks advised this agreement was in conjunction with Resolution R10-022. It was an interlocal agreement that would transfer the responsibility for the local contribution to the CRA for payment. The CRA would have the financial obligation to pay the brownfield incentive to Wal-Mart. Motion Commissioner Ross moved to approve Resolution R10-023. Commissioner Weiland seconded the motion. The motion passed unanimously. 3. Consideration of request by Lake Worth Christian School to hold a fundraising carnival on school property in a non-conforming zoning district. Mr. Bressner explained the event was planned for March 11 -13,2010 and discussion at the next regularly scheduled Commission meeting may not allow for planning activities by the school or to announce cancellation based on the issuance of a permit. The event was originally planned for October and was postponed. The formal application had not been received by the City until last week. The school was advised that the carnival activity was not permitted in the zoning district of the school. The special events permit was denied and notice provided. Mr. Bressner advised the school had signed contracts for the event. 2 Meeting Minutes Special City Commission Meeting Boynton Beach, FL February 9,2010 Commissioner Weiland. pointed out the school was attempting to raise money through a fun event. It is difficult to make things happen with zoning codes and regulations. The school, in his opinion, was an "A" school by reputation and highly respected. He hoped there could be a resolution for the school, the City and the residents of the area. Vice Mayor Hay recalled an exception being made for the Mall and a special event. He supported the event. Ms. Ross hoped to be able to work something out. The school was very dedicated to the students and their families. Attorney Cherof advised it was similar to the Mall special events; however, there was a previous agreement with the Mall for special events. He had prepared a draft ordinance to bring before the Commission that would authorize the Commission, following a public hearing, to grant relief from provisions of the special event application process on a case-by-case basis. It was currently in staff review. It would authorize the Commission to allow a use that is not permitted in a zoning district provided the use is not longer than 14 days. It would allow for special events when the use was inconsistent with the zoning district. Jim Adams, 1882 Caribbean Road, Lake Clark Shores, was a volunteer with the school and festival chairperson for the event. The Principal of the School and the Admissions Coordinator were also present as well as a student. Mr. Adams expressed appreciation for the fast response on the issue. He presented a site plan that would have limited effect on the neighbors. The rides would be closer to 1-95 and near the ball fields. Around the perimeter would be the game booths and food court. The hours would be 6 pm. to 10 p.m. on Thursday and on Friday 6 p.m. to 12 a.m. and on Saturday 12 noon to 12 a.m. There would be no outside entertainment. The noise would only be generated from the rides and people. Motion Commissioner Ross moved to approve the request of Lake Worth Christian School to hold a fund raising carnival on school property in a non-conforming zoning district through the limited basis explained by the City Attorney. Commissioner Weiland seconded the motion. Mr. Weiland reiterated he wanted staff and the school to work together to rapidly process the permit without any barriers so the event could be done within the School's time frame. Vice Mayor Hay admonished this should be a lesson learned. The motion passed unanimously. 3 Meeting Mlnl:tcs Special City Commission Meeting Boynton Beach, FL February 9, 2010 Mr. Bressner commented the permit had to be finalized in terms of coordinating the location of events and police protection and support services. Mr. Weiland requested elaboration on the police and fire protection. Mr. Bressner responded that it may be required for the school to retain off-duty police officers to assist with security and perhaps the need for a medical unit to be on standby. The size of the crowd would be the determining factor. Public safety had to be maintained. Motion Commissioner Ross moved to adjourn the Special Commission meeting. Commissioner Weiland seconded the motion. The motion passed unanimously. The meeting adjourned at 8:35 p.m. ATTEST: CITY OF BOYNTON BEACH .{' Jose Rodriguez, Commissioner ?~~~ /~~ . Marlene Ross. Gomlf1issioner 4