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Minutes 05-15-12MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MAY 15, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor William Orlove, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Woodrow L. Hay Mayor Hay called the meeting to order at 6:59 p.m., offered the invocation and led the Pledge of Allegiance to the Flag. D Brand Promise Statement It was explained the brand promise statement was developed and displayed to accent the positive and eliminate the negative image of the City of Boynton Beach. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Item 6.6 for discussion. Commissioner Orlove pulled Items 3.A, 3.E, 6.D and 6.E. Commissioner Holzman requested to pull Item 14.D for brief discussion under New Business. Commissioner Ross readily agreed. Commissioner Orlove, Mayor HaX and Vice Mayor McCray did not agree and contended it could be heard on June 5 as scheduled. Commissioner Ross questioned the process and Attorney Cherof replied the majority deferred the item to the Future Agenda section in an acceptable procedural manner. Attorney Cherof requested to add Item 13.E under the Legal section. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 2 Motion Adoption Vice Mayor McCray moved to approve the agenda with the one add on. Commissioner Orlove seconded the motion. Vote The motion passed 4 -1 (Commissioner Holzman dissenting). 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman had attended the CJ Foundation fundraiser with many state representatives from the area also in attendance. The Foundation works with autistic children and their parents. Vice Mayor McCray announced he would be the keynote speaker for the Boynton Beach Police Department honoree ceremony being held at Harvey Oyer Boat Club Park. Commissioner Orlove spoke to 3rd grade students at Forest Park Elementary on government and the various levels. He attended the opening of Due South Brewery and announced the Shred- a -Thon sponsored by the Education and Youth Advisory Board to be held on June 2 nd at Boynton Beach High School. On May 26 would be the Wedding on the Waterway event at Oceanfront Park. All the items for the wedding were donated by local vendors. Commissioner Ross attended the Boynton Beach Historical Society's annual pot luck dinner. She announced the Boynton Beach Community Farmer's Market starting on June 2 "d through September at the southeast corner of Boynton Beach Boulevard and Federal Highway. May 18 would be Haitian Flag Day with a ceremony at City Hall at 8 a.m. Commissioner Ross had received an invitation from the Palm Beach Development Board for a workshop on economic development on June 8 th at the West Palm Beach Marriott. Mayor Hay noted the painting of City Hall scheduled for May 18 had been cancelled. It was felt only one day would be needed to complete the job with over 40 volunteers. He spoke with the Vice President of the new Subway regional headquarters located on Boynton Beach Boulevard and presented a welcome gift and letter. Mayor Hay hoped the welcoming attitude could be extended to all new businesses coming to the City. Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Mayor Hay spoke to the 5 th graders at Cross Pointe Elementary on government and was able to answer all their questions. He announced on May 27 at 4 p.m. he would be ordained at St. John Missionary Baptist Church and invited everyone to attend. Vice Mayor McCray mentioned there would be a service honoring the Veterans at 2 p.m. on May 27 also. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Citation honoring Private First Class Michael Metcalf - Accepting the citation is his mother, Kimberly Metcalf Ms. Kimberly Metcalf was present to accept the citation honoring her son, Private First Class Michael Metcalf, who was killed while on duty in Afghanistan. Mayor Hay read the Citation and expressed sympathy to the entire family. A standing ovation was given. B. Proclaim the month of May as National Electrical Safety Month An overview of the importance of National Electrical Safety Month was given by the Mayor and presented to Andrew Mack, Interim Building Official and Engineer. C. Proclaim the week of May 21 -26, 2012 as Water Reuse Week. The Proclamation will be accepted by Pamela S. Mac'Kie, Esq. from the South Florida Water Management District Mayor Hay read a synopsis of the proclamation and presented it to Kofi Boateng, Director of Utilities. D. Proclaim that May 19 - 25, 2012 is National Safe Boating Week. Proclamation to be accepted by Mr. Irwin Fried, FSO, Public Affairs for the US Coast Guard Auxiliary The proclamation for National Safe Boating Week was presented to Mr. Irwin Fried from the US Coast Guard, after an overview was given by Mayor Hay. E. Presentation by a member of the Education and Youth Advisory Board of the annual "Bob Borovy Student Citizen of the Year" Award. Steve Waldman, Chair of the Education and Youth Board presented the second place winner, Brianna Thomas, with a check for $300. She would be attending Howard University majoring in Business. Armisha Roberts was the first place winner of the $1,000 award and would also be attending Howard University to major in engineering. F. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Members of the Education and Youth Advisory Board were present to give out the certificates and gift cards to those who had participated through the Youth Volunteer Bank. There were 34 volunteers doing over 1,300 volunteer hours with various programs in the community. G. Presentation by the Sister Cities Committee regarding goals and objectives for the coming year Christiane Francois, Chair of the Sister Cities Committee, presented the Commission with gifts from the people of Les Cayes, Haiti to be displayed in City Hall. She announced the Young Artist Showcase would be 10 years old and marketing was being used to increase participation in partnership with the Arts Commission and Education and Youth Advisory Board. The Committee was also working with Toussaint L'ouverture to build a new school, Les Cayes- Boynton Beach High School. Mr. Boateng would be working with Les Cayes, Haiti on water treatment and water reuse efforts. Attempts were being made to strengthen the relationship with Qufu, China, the original Sister City. Student exchange programs were also being considered as well as tour groups being established to visit China. Commissioner Ross thanked the Committee members for their dedication. She noted the Committee was raising its involvement and emphasized it was the Greater Boynton Beach Sister City Committee. She reiterated the Haitian Flag Day events and Vice Mayor McCray indicated he would be present to read the proclamation and raise the flag. H. Presentation of a song written, composed and performed by John Scott, a city Golf Course employee, to celebrate the City of Boynton Beach's Promise A song written by an employee, John Scott, was played that highlighted the tag line and branding promise created for the City of Boynton Beach. Mayor Hay thanked Mr. Scott for his creativity. Mr. Scott has worked for the City for 11 years. Commissioner Orlove also commended Mr. Scott for the inspiration. 4. 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) Sonny Garcia,1631NW 13 questioned the use of $3,000 for interviews of City Manager candidates rather than allowing the Police Department to use the funds for the Police Athletic League. He felt the Interim City Manager should be retained. 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Todd Johnson, 3654 Silver Lakes Lane, referred to a complaint he had filed against the Police Department for harassing him on a continual basis for no reason. He was scared because some of his friends had died with no explanation. Mr. Johnson was considering taking his concerns to the media to get answers. He specifically complained about Sgt. Hawkins not providing him with a complaint form in a timely manner. Vice Mayor McCray stressed the walk to Bury the Violence was circumvented by the intimidation by the police officers. He had a copy of the Code of Ethics for police and would remind them of their fiduciary responsibility to the citizens. Vice Mayor McCray had encouraged Mr. Johnson to come forward and address his concerns to the City leadership to deal with the issue. Mayor Hay directed Mr. Johnson to discuss the matter with the Interim City Manager. No one else coming forward, Mayor Hay closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor McCray moved to appoint Carla Colebrooks Spencer as a regular member of the Education and Youth Advisory Board. Commissioners Orlove and Ross seconded the motion. Vote The motion passed unanimously. 6. 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. Approve payment to the City of Boca Raton in the amount of $59,360 from the Law Enforcement Trust Fund pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre - process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 B. PROPOSED RESOLUTION NO. R12 -043 - Authorize execution of a Voluntary Compliance Agreement between the City of Boynton Beach and the U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Economic Opportunity (FHEO) Commissioner Ross had pulled the Item and mentioned it should be under New Business because the City had to spend $100,000 to address a non - compliance issue. She specifically wanted to know the staff handling the various issues and the allotted time frame. Ms. LaVerriere clarified there was no request to spend $100,000 at this time. It was an agreement that had to be approved by the Commission. There are three years to correct the concerns outlined. Commissioner Ross pointed out the violations were revealed in August 2011 and a significant amount of time had passed to date. Nancy Byrne, Interim Director of Development, explained HUD (Housing and Urban Development) had done an audit for the first time. The City was the second or third in the entire State to undergo an audit and it is a new process of HUD. All the documentation was produced; however, the forms did not meet their expectations. The agreement requires the City to tighten up their procedures and do things in multiple languages. Five staff members have been assigned and Debbie Majors is the VCA Administrator and would be overseeing and providing HUD with quarterly reports. Ms. Byrne, Andrew Mack, Jeff Livergood, Octavia Sherrod and her staff were assigned to various items of the VCA. Negotiations were ongoing for using the CDBG monies to accomplish the improvements requested without taking monies from the General Fund. The agreement was negotiated with HUD to bring the City into compliance with all the requirements of the audit. The timeframe from August was utilized to receive the results of the audit and agreeing on a timeline for compliance. Commissioner Ross inquired how the citizen participation plan would be updated. Ms. Byrne responded the plans are done yearly. They now have to be done in several languages and use various sources to reach out to the Hispanic and Creole populations. The radio and internet are being utilized to reach the population and advertise the public meetings. Historically, attendance at the meetings in all locales is very low. Octavia Sherrod, Community Development Manager, pointed out La Guia Gratuita has been utilized for advertising the Action Plan. They translated the ad into Spanish and published it. Commissioner Ross noted they were a local enterprise and there were many others as well. Ms. Sherrod indicated it had been a challenge in the past. Ads were sent to the free newspapers for the benefit of low income individuals. The practice was not encouraged, so ads in major newspapers were used. The Hispanic Human Resources Council had been contacted and information on contacts and newspapers was received. La Guia Gratuita was the most responsive resource and volunteered A Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 many services. Staff has always been available to verify translations; however, HUD wanted more detail and depth to reach the citizens. Commissioner Ross felt others should be sought, including Spanish radio stations. Ms. Sherrod welcomed the opportunity to work with Commissioner Ross. She cautioned there were limited funds. Mayor Hay wanted the issue brought to a conclusion and Commissioner Orlove agreed. Commissioner Ross was upset she was being cut off. She had additional questions. Mayor Hay advised a time limit was in place. Commissioner Ross continued that speaking another language did not necessarily mean accurate translations and interpretations can be accomplished. She requested a list of staff members who purportedly had the language skills needed and the professional development being offered to them to enhance their skill sets. Ms. Byrne advised external translation services were used also. Commissioner Ross stressed the issues were inadequacies and could open the City to law suits under the Civil Rights Act and ADA. She cautioned the City had to be careful and be compliant. Commissioner Ross contended she was very disappointed to be cut off on such an important issue. Commissioner Holzman interjected that Commissioner Ross deserved an apology from Mayor Hay. Commissioner Ross felt the remarks of Mayor Hay and interruption by Commissioner Orlove was unacceptable. Mayor Hay countered Commissioner Ross should have read the outline that there was a limit on each topic. Commissioner Holzman inquired what the time limit was? Commissioner Orlove called for a point of order and apologized for interrupting Commissioner Ross. He wanted to suggest if there was going to be dialogue with staff it should occur outside the meeting. Staff is more than amenable to look at all media outlets to ensure the public is informed. Commissioner Ross interjected it was a civil rights issue and she was surprised by Commissioner Orlove's position on the issue. Commissioner Orlove suggested Commissioner Ross should read the backup materials more carefully. Commissioner Ross argued staff had no knowledge of media outlets in other languages. A verbal disagreement ensued and Mayor Hay called for order. Commissioner Orlove inquired if there were any fines or penalties involved and Ms. Byrne replied there were none. He understood the City had been diligent in addressing the issues raised in a timely manner with the approval of HUD. They are very important issues. Mayor Hay expressed his concern that there had not been compliance, but felt confident staff was working to resolve the variations. Ms. Byrne pointed out ADA compliance was 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 not a mandatory requirement unless alterations are made to a building. It had been a significant amount of time since any work had been done to City Hall. She noted the cost of the changes was budgeted. Vice Mayor McCray asked how much funding had been budgeted for advertising. Ms. Sherrod advised 20% of the allocation can be used for administrative purposes that would cover any advertising expenses. The annual budget is $1,500 to $2,000 per year for advertisements. Motion Commissioner Ross moved to approve the item with the condition that staff follows up with the list of employees who speak languages, translate, or interpret. She would share her media knowledge and experience that serves other languages and ethnic groups. She remarked it was a very serious matter. Vice Mayor McCray seconded the motion. Commissioner Orlove inquired if there was any jeopardy of law suits in view of the good faith efforts being done. Attorney Cherof advised entering into the agreement would not expose the City to any additional liability. If there was liability associated with the items in the report, they would have been seen before this time. Commissioner Ross stressed and it was in the backup materials, that the non- compliance could open the City up to law suits. Vote The motion passed 5 -0. C. Approve a motion to declare the items surplus on the attached "VEHICLE & EQUIPMENT SURPLUS LIST" as submitted by Public Works / Fleet Maintenance and allow for auction of the same utilizing JJ Kane Auctioneers D. PROPOSED RESOLUTION NO. R12 -044 - Approve the Non - Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith - Based Community Development Corporation (CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program 3 (NSP3) Commissioner Orlove wanted an update on the block grants. Ms. Byrne explained this was the second phase of the NSP and an additional award to the CDC to underwrite the cost of the homes in the Ocean Breeze West project. It would make the homes more competitive in pricing to the Habitat for Humanity Homes that are primarily donated goods. It is an allowable allocation of NSP funding. Ms. Byrne reported in phase one of 0 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 NSP funding 15 homes were purchased and only three remain on the market. It was anticipated there would be five to seven more homes purchased, rehabilitated and sold. Commissioner Orlove inquired if additional funding would be available. Ms. Sherrod was not aware of any future funding. The funding was spread out among the various districts. Ms. Sherrod explained the criteria for the use of the funds and how it was allocated to certain areas. The NSP3 funds are directed to the southeast section of the City. The foreclosure rate remains very high in our area. Commissioner Holzman was concerned because the proposal for the Ocean Breeze West project did not include the $200,000 now being requested. If the foreclosure rate was so high the monies should be spent for existing homeowners to remain in their homes with improvements. He stressed the Ocean Breeze West project never indicated they needed these additional monies for new home construction. Ms. Sherrod explained community input speculated the new project would be overrun with very low income families. The funds can go up to 120% of the median income. The partnership with Habitat for Humanity was to ensure the project would not have all low income families. Commissioner Holzman argued the money should be used for improvements on existing residents. He was against using the money for a new project. Ms. Byrne recalled there were conversations with the CRA and they supported the request for the funding to avoid the project becoming very low income only. It was the goal to make the home more attractive to moderate income level buyers. Motion Commissioner Holzman moved to approve, except removing the funds set aside for the CDC and for that money to go to existing citizens who qualify for the money. Commissioner Ross seconded the motion. Mayor Hay had no problem with the funds being given to the CDC to build homes to attract the teachers and lawyers for a more upscale community. Vote The motion failed 2 -3 (Mayor Hay, Vice Mayor McCray, Commissioners Orlove dissenting). Motion Commissioner Orlove moved to approve Resolution No. R12 -044. Vice Mayor McCray seconded the motion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Vote The motion passed 3 -2 (Commissioners Holzman and Ross dissenting). E. Approve the minutes from the City Commission regular meeting held on May 1, 2012 Commissioner Orlove noted on page 120 it indicated Vice Mayor Orlove and should be changed to Vice Mayor McCray. Motion Commissioner Orlove moved to approve the minutes as amended. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. F. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the seven (7) month period ended April 30, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. Approve conditional use request for a 1,300 square foot Publix Liquor Store next to the new Publix Super Market in the Boynton Lakes Plaza at 4770 North Congress Avenue, within the C -3 (Community Commercial) zoning district. Applicant: Merriann Metz, Publix Super Markets, Inc. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Attorney Cherof administered an oath to all those intending to testify and gave a brief explanation of the procedure to be followed. Ed Breese, Principal Planner, explained the request to locate a Publix Liquor Store at Boynton Lakes Plaza, at 4770 N. Congress Avenue. The location of a liquor store is within 200 linear feet of a residentially zoned property so conditional use approval is required. There would be an intervening 40 foot right -of -way for Boynton Lakes Boulevard. The landscape buffer would include a CBS 6 -foot wall, a hedge, live oak and silver buttonwood trees to provide adequate screening and buffering. It would be for the sale of packaged goods only with no consumption on site. There would be no changes to the vehicular flow, parking or loading areas. Staff recommended approval subject to the conditions of approval including a limitation on the hours of operation from 10 a.m. to 10 p.m. Heather Ramos, 301 East Pine Street, Orlando, representing Publix Supermarkets, agreed with the conditions of approval. Motion Commissioner Holzman moved for approval. Vice Mayor McCray seconded the motion. Commissioner Ross inquired if the liquor store opening would coincide with the supermarket opening. Ms. Ramos responded the target opening date was June 8 th for both the grocery and liquor store opening. Commissioner Ross wanted it on record she contacted a representative of the Boynton Lakes North property and homeowner's association and had no response. Mr. Breese noted signs were posted on the property and the mailing including residences within 400 feet of the project. No one appeared at the Planning and Development Board meeting. Vote The motion passed 5 -0. 10. CITY MANAGER'S REPORT A. Receive staff update on implementation of the Historic Preservation Program and consider request for direction to proceed with the historic designation process for selected city -owned sites Warren Adams, Historic Preservation Planner, explained the program was progressing and was about to receive the Certified Local Government designation. It will open up funding and educational opportunities and assist with designations to the National Register. It also allows the City to introduce the ad valorem tax exemption program. The City would be required to open a local historic preservation register. Two properties are now on the National Register, the Woman's Club and Children's 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Schoolhouse Museum. The local register will give the properties recognition and access to grant funding. The first application from a private property owner is expected next month. Three sites were determined to be eligible for the local register with the Commission's approval. Mr. Warren was only requesting permission to move ahead with the three sites selected to begin the process to add them to the local register. The Barton Memorial Cemetery was the first property, four ornamental streets lights in the Boynton Hill subdivision were the second and the third site is the Children Schoolhouse Museum. Commissioner Orlove inquired about the Woman's Club. Mr. Adams advised he would be getting in touch with the private owners to ask if they would like the site added. Commissioner Orlove thought it would be imperative to add the Old High School. Mr. Adams indicated it was decided to not proceed on the building until all the applications were received and work with the developers to maximize the available incentives. Commissioner Orlove felt strongly that the Old High School should be preserved and included in the local register. Mr. Adams pointed out there were various options for funding of historic buildings. Depending on the plans of the developer would determine the best funding options to explore. Ownership of the building would affect the available grant funding also. Private owners would pursue rehabilitation tax credits. Commissioner Orlove thought the designation should be pursued in the event the proposals submitted did not come to fruition, the designation would already be completed. Mr. Adams cautioned the designation could make the building ineligible for other tax credits and limit any proposed use. Commissioner Ross confirmed Mr. Adams recommended not including the Old High School for listing on the local register at this time. Mr. Adams concurred. Commissioner Holzman was very proud of the work done to date by the Committee, Board and Mr. Adams. He agreed with Mr. Adams' recommendation for the Old High School. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vice Mayor McCray disclosed he had been working with staff to install flickering lights in the light poles to utilize the lighting. Mayor Hay felt it was too early to put the Old High School on the list until the developer plans are in place. He did not want the designation to impede future development. Commissioner Orlove surmised the Old High School issue could be revisited at any time and the designation process started. Mr. Adams agreed and indicated if the designation 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 was started, plans or work on the building would be suspended until the process was completed. Vote The motion passed 5 -0. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -007 - SECOND READING - Amending Section 26- 8, "Water and sewer connection, deposit and service charges ", of the City's Code governing water and wastewater rates. The revised fee structure for particular services provided to utility customers will be effective July 1, 2012 Attorney Cherof read Proposed Ordinance No 12 -007 by title only on second reading. The item had been advertised and would need to be tabled. Motion Commissioner Orlove moved to table. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 12 -008 - SECOND READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII, (Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction and Historic Preservation) Attorney Cherof read Proposed Ordinance No 12 -008 by title only on second reading. Motion Commissioner Orlove moved to approve. Vice Mayor McCray seconded the motion. 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. (Commissioner Ross was absent from the dais) C. PROPOSED ORDINANCE NO. 12 -009 - SECOND READING - Approve Ordinance amending sale of City owned real property Attorney Cherof read Proposed Ordinance No 12 -009 by title only on second reading. Motion Commissioner Orlove moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 12 -010 - SECOND READING - Amend the Land Development Regulations (LDR) to implement recommendations of the Moratorium Study, Notice of Intent (NOI) #2011 -01, pertaining to 1) location of not - for - profit uses in certain zoning districts, and 2) the replacement of the lists of approved uses for the three Planned Industrial Development Districts (PIDs) with the standard use regulations listed in the Use Matrix - TO BE TABLED Attorney Cherof read Proposed Ordinance No. 12 -010 by title only on second reading. He asked that it be tabled at this time. Motion Vice Mayor McCray moved to table. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R12 -045 - Designating Nancy Byrne, Interim Development Director as the Economic Development Coordinator City -wide and designating Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for the purposes 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 of implementing the City's Economic Development Program for business development or expansion, housing and community initiatives within the City of Boynton Beach and CRA areas. Attorney Cherof advised under State law certain documents could be made confidential if submitted in conjunction with economic development proposals. They should be made confidential to avoid bidding wars or expose confidential data on a proposed plan. The City does not have an economic development department, but the Commission can designate individual staff members to serve in that capacity and maintain the confidentiality of submitted documents. It was recommended that Nancy Byrne be designated the Economic Development Coordinator for the City and Vivian Brooks for the CRA area. Motion Commissioner Orlove moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Update on In -house Medical Clinic- 6/5/12 B. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in the Library Program Room at the City Library C. Legislative Update by Representative Bill Hager, District 87 - 6/5/12 D Palm Beach County Sheriffs Office presentation of Proposal for Police Services - 6/5/12 E. City Commission discussion of the South Central Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12 F. Staff update on marketing and culturalization initiatives for City Rebranding Program - 7/3/12 15. BRAND PROMISE STATEMENT — "BREEZE INTO BOYNTON BEACH — AMERICA'S GATEWAY TO THE GULFSTREAM" The brand promise was recited by all present. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2012 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 8:58 p.m. CITY OF BOYNTON BEACH row L. —Ray, ATTEST: I► - / Jagfet M. Prainito, MMC eif Clerk dith A. Pyle, CMC Deputy City Clerk �Fact�'�IIcC�.r, Tai e Mayor r� r illi , ve, Commis r $Jeuep Hol2tiaan, %ommis's+one dene Ross, Commissioner 16 141 [;A Cqo 1 V-31 I I & M I I lzwyl IF," Ill 11 Ill Mr-ITP-3112 I I L-71111IN LAji- I IP 11 M-] 2. The ApplicPt HAS HAS NOT a E MOM Ill, 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 "D" with notation "Included". J1. The Applicant's application for relief is hereby ./"'GRANTED subject to the conditions referenced in paragraph 3 hereof- DENIED 6. All further development • the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes Pla EXHIBIT "D" — CONDITIONS OF APPROVAL Project Name: Publix Liquor Store (Boynton Lakes Plaza) File number: COUS 12-002 Reference: 014:7-JA 0 Ji 1 1 INCLUDE I REJECT 11 ENGINEERING I PUBLIC WORKS I UTILITIES Comments: None. x I as] M X 11 Comments: None. 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BM 3 ►, Ta R #' m407-244-56 i i t::! JACKSONFW KEY WEST LAKIELAAN MELB MIAMI NAPLES ORLANDO TALLAHASSEE Ti, wx Mn 0 MI 1. Ingress :3 and egress to the subject property 1: proposed structures thereon, with particular reference 1 automobile and pedestrian 1 convenience, !" and control, and access in case of or 1! 4 i proposed Publix Liquors be filling a space in an approved shopping center. Accordingly, be no effect on 1mtt and pedestrian safety and convenience, traffic flow and control, and issues concerning access in case 0481 BOX14 — # 3050443 vY GRAYRoBrNso,N Pw,oF-.r,%smAL-A-s----a- cuunN City of Boynton Beach Planning & Zoning Division and City Commission March 1, 2012 Page 2 \349180\14 - # 3050943 vI I LIU L' I City of Boynton Beach Planning & Zoning Division and City Commission March 16, 2012 Page 3 Jk. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The buildings and structures in thrt Boynton Lakes Plaza have already received approval by the city. \3481 80\1 4 - # 3 0-IM3 vI GRAYROBINSON PROFESSIONAL Ass OCIATION City of Boynton Beach Planning & Zoning Division and City Conunission March 16, 2012 Page 4 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: N/A. \348180\14- # 3050943 vI