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Minutes 11-08-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 8, 2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Jose Rodriguez, Commissioner-Elect Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Mayor Taylor called the meeting to order at 6:34 p.m. Reverend Randall Gill gave the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Bob Ensler. . Presentation of Service Plaques to Mayor and City Commissioners . Administration of Oath of Office to Mayor/Remarks . Administration of Oath of Office to Commissioner - District I/Remarks . Administration of Oath of Office to Commissioner - District III/Remarks Mr. Bressner presented a plaque to Mayor Taylor recognizing his service as Mayor for the preceding year. Mayor Taylor felt it was an honor to serve the City of Boynton Beach as Mayor. Mayor Taylor then presented service plaques to Vice Mayor McKoy and Commissioners McCray, Ensler and Ferguson. Commissioner McCray remarked his past year was an honor and a challenge as he goes into his last year. The administration of oath of office to the Mayor could not be done as the official election results had not been received by the City Clerk. Commissioner Ensler was sworn in by the City Clerk as Commissioner for District I. He remarked the assistance of all the citizens and staff would be needed over the next three years to accomplish the vision for the City of Boynton Beach. Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 City Clerk Prainito administered the oath of office to Jose Rodriguez as Commissioner for District III. Commissioner Rodriguez thanked Commissioner Ferguson for his time serving the City of Beach and wished him the best in his future endeavors. He congratulated both Commissioner Ensler and Mayor Taylor and advised he looked forward to working with the entire Commission as a team. Commissioner Rodriguez thanked the community at large for their support and vote of confidence. Lastly, he thanked his family and friends for their support and efforts during the campaign. Commissioner McCray congratulated Mayor Taylor and Commissioners Ensler and Rodriguez on their election to the City Commission. Vice Mayor McKoy thanked Mayor Taylor and his opponent, Sergio Casaine for not using any negative campaigning and conducting an honorable and professional campaign. D. Agenda Approval: 1. Additions, Deletions, Corrections Mr. Bressner requested to add item VI.C.7 requesting a permit for the Holiday parade to be approved by the Florida Department of Transportation. Commissioner Ensler asked that items XII.C.3 and XIII.A be moved forward in the agenda for the benefit of the audience who were present for those items. Mayor Taylor suggested the items be moved forward to follow VI. Consent Agenda and there was consensus. 2. Adoption Motion Commissioner McCray moved to approve the agenda with the changes requested. Commissioner Ensler seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced the American Legion would be hosting a celebration at the St. John Missionary Baptist Church on Friday at noon and invited everyone to attend. III. ANNOUNCEMENTS, COMMMUNITY 8< SPECIAL EVENTS 8< PRESENTATIONS A. Announcements: 1. Cancellation of December 19, 2006 City Commission Meeting Mayor Taylor confirmed the cancellation of the December 19, 2006 City Commission due to the close proximity to the holidays. 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 B. Community and Special Events: None C. Presentations: 1. Proclamations None 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> Sergio Casaine, 13 Meadows Park Lane, Mayoral candidate, offered congratulations to Mayor Taylor on his re-election and wished him success in his fourth term as Mayor. He reflected the mayoral race had been based on strategy and intelligence. Mr. Casaine also congratulated Commissioners Ensler and Rodriguez. Mayor Taylor thanked Mr. Casaine for his kind words and knew he always had the best interests of the City of Boynton Beach in his thoughts and heart. Lee Wische, 1302 SW 18th Street, Campaign Manager for Sergio Casaine, thanked Mayor Taylor for a beautiful campaign. He also congratulated Commissioners Ensler and Rodriguez and pledged his support and assistance to the entire Commission. Toby Athol, 741 SW 1st Court, resident and long time member of the Boynton Beach Police Department, congratulated the Mayor and Commissioners. They looked forward to working with the entire Commission. Mayor Taylor thanked the entire Police Department for their support during his campaign and also for their support of the City. He felt the Boynton Beach Police Department was far superior to other municipal police departments. Sunny Garcia, 1631 SW 11th Court, congratulated the Mayor and Commissioners and pledged his continued support. Vinola Rada, 718 SW 3rd Avenue and Carol Mahoney, 737 SW 1st Avenue also offered congratulations to Mayor Taylor and Commissioners Ensler and Rodriguez. Herb Suss, Quail Run, congratulated Commissioner Ferguson on a job well done and thanked him for his service to the City of Boynton Beach. Mr. Suss commended Mayor Taylor and Mr. Casaine on a good campaign. He noted his agreement with Commissioner Rodriguez's views regarding the Community Redevelopment Agency board. Mr. Suss contended the Heart of Boynton project should be done in smaller segments rather than one plan. He felt there should be a moratorium on building until control of the traffic and water needs could be established and maintained. Mr. Suss was 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 8,2006 concerned with the number of rental properties being built and asserted the development was changing the quality of life throughout the City of Boynton Beach. David Katz, 67 Midland Lane, congratulated the Mayor and Commissioners on their election. He reported on the success of the recent assembly that had been held to develop a vision for the City of Boynton Beach. Mr. Katz was impressed with not only the assembly itself, but also the results and hoped they could be implemented in a timely fashion. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Exoiration Date IV McKoy Arts Commission Alt 1 yr term to 4/07 Vice Mayor McKoy appointed Deborah Brooke as an alternate on the Arts Commission. Motion Commissioner McCray moved to approve the appointment of Deborah Brooke. Commissioner Ensler seconded the motion. The motion passed unanimously. I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) II McCray Cemetery Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Community Relations Board Reg 3 yr term to 4/08 Tabled (2) Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Library Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/07 IV McKoy Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2) Motion Commissioner McCray moved to table all appointments with the exception of the Arts Commission appointment. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 accompanying material to become a part of the Public Record and. subject to staff comments. A. Minutes 1. Agenda Preview Conference - October 13, 2006 2. Regular City Commission - October 17, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve a custodial services agreement with RESPECT OF FLORIDA for the East Water Treatment Plant in the amount of $17,438.46 and the Utilities Administrative Building in the amount of $28,303.41 with a total expenditure of $45,741.87. (Proposed Resolution No. R06-183) 2. Award the "INSTALLATION OF VOICE AND DATA WIRING IN THE LIBRARY" BID #070-261O-06jJA, to CONVERGED SOLUTION & SERVICES of DELRAY BEACH, FL., in the amount of $24,999. 3. Approve a contract for Bid #001-2413-07jOD CONSTRUCTION OF WILSON PARK to West Construction, Inc. of Lake Worth, FL in the amount of $6,189,000 with a contingency of $618,900 for a total expenditure of $6,807,900. (Proposed Resolution No. R06-184) Commissioner Ensler pulled item VI.B.3 for discussion. C. Resolutions 1. Proposed Resolution No. R06-185 RE: Approving and authorizing execution of the Annual Software Maintenance Agreement with ERSI, Inc. of New York for the ITS/GIS Departments in the amount of $34,880. 2. Proposed Resolution No. R06-186 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Michael Porcelli for the property at 1128 Highland Rd., Lake Worth, FL (Ridge Grove Lot 103) 3. Proposed Resolution No. R06-187 RE: Approving the dedication of right-of-way on NE 11th Avenue and Railroad Avenue from the Delray-Boynton Academy to the City of Boynton Beach via a Right-of-Way Acquisition Agreement. 4. Proposed Resolution No. R06-188 RE: Approving and authorizing execution of an amendment to the lease agreement with Nextel South Corp. for Little League Park allowing expansion of the 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 telecommunications tower parcel by 130 sf to accommodate a generator for alternative power. 5. Proposed Resolution No. R06-189 RE: Approving and authorizing execution of project agreements to accept funding from the Florida Department of Environmental Protection, Land and Water Conservation Fund for the development of Jaycee Park in the amount of $200,000. Total project cost is estimated at $400,000. 6. Proposed Resolution No. R06-190 RE: Approving the roadway name change of Renaissance Commons Boulevard North and Renaissance Commons Boulevard South by deleting the suffixes, and to be only known as RENAISSANCE COMMONS BOULEVARD. D. Approve full release of surety for the project known as Albertsons at Hypoluxo Village, in the amount of $22,188.91, and return of the letter of credit number NWS487658 from Wells Fargo/J.P. Morgan in this amount to the project developer. E. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow selling of the same. Commissioner McCray pulled item VI.E. for discussion. Motion Vice Mayor McKoy moved to approve the consent agenda items with the exception of the items pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VI.B.3. Approve a contract for Bid #001-2413-07/0D CONSTRUCTION OF WILSON PARK to West Construction, Inc. of Lake Worth, FL in the amount of $6,189,000 with a contingency of $618,900 for a total expenditure of $6,807,900. (Proposed Resolution No. R06-184) Commissioner Ensler inquired of Matthew West of West Construction, Inc. about his experience with other contracts involving municipal projects. Mr. West addressed his concerns giving specific examples of projects he had completed on time, their original contract price and actual contract price, explaining any discrepancy. His concerns were the contractor's ability to meet the budgeted contract prices and to meet completion deadlines. Mr. Bressner added the contract did allow the City of Boynton Beach to take advantage of direct purchases of materials to save on sales tax. Mr. West verified he was prepared to commence work on November 28, 2006 as agreed. Commissioner McCray asked if any change orders were anticipated. Mr. West replied the bidding phase had not revealed that possibility and any variance should be minor. The intent was to quickly lock in the subcontractors and vendors. Jeff Livergood, Director of Public Works and Engineering, added the design complied with new hurricane standards for a Category 4 storm or Level C exposure. 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 Commissioner Rodriguez added any change orders should be managed by the City of Boynton Beach and not the contractor. Motion Commissioner McCray moved to approve item VI.B.3. Commissioner Ensler seconded the motion. The motion passed unanimously. VI.E. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow selling of the same. Commissioner McCray needed further information from the City Manager on the anticipated income for the sale of the vehicles. Commissioner Rodriguez requested an average income from the annual sale of surplus vehicles. Mr. Livergood estimated the return to be approximately $150,000. Motion Commissioner McCray moved to approve item VI.E. Commissioner Ensler seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: A. Reconsideration of Ocean 95 Exchange Plaza (NWSP 06-020) (This item was taken out of order by previous motion.) Mayor Taylor explained the item had been brought back before the Commission for reconsideration and a motion would be needed for the item to be brought back before the Commission. Commissioner Ensler indicated he requested a motion to reconsider for the people that live in the area along the proposed truck route to express their concerns. Motion Commissioner Ensler moved to reconsider the Ocean 95 Exchange Plaza project. Commissioner Rodriguez seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting) Vinola Rada, 718 SW 3rd Avenue, presented the Commission with a petition against the proposed truck route and project that included signatures of residents in the area. The following residents spoke in opposition to the Ocean 95 Exchange Plaza and the proposed truck route: Kathy Romeano, 303 SW 7th Street Gloria Moffitt, 130 W. Ocean Drive Rich Salter, 600 SW 4th Avenue Carol Mahoney, 737 SW 1st Avenue John Fox, 135 W. Ocean Drive Sonya Rodney, 141 Ocean Drive Steve Swanson 721 W. Ocean Drive Wendy Franklin, 120 NW 6th Street Gavin and Alicia Tennant, 405 SW 1st Avenue 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 Desrene Morrison, 660 W. Ocean Avenue Zoe Kimmey, 707 SW 3rd Avenue Stanley Gomez, 811 SW 1st Avenue Ann Valverde, 730 SW 3rd Avenue Diane Wiser, 646 SW 1st Court Bill Dier 700 SW 1st Avenue The residents voiced their concerns for the safety of their children on the streets, the deterioration of their quality of life, reduced property values, impact on resale values of the homes, noise and crime increases, increased traffic on all streets, semi-truck traffic, ruination of Hibiscus Park and the safety of all residents. Herb Suss, Quail Run, questioned why a community should be destroy for the sake of a developer. He agreed with the residents that alternative ingress and egress to the property should be investigated. Shirley Jaskiewicz, 1917 SW 13th Avenue, indicated the warehouse design would be an asset to the community; however, an alternative route that would not impact the residential area should be found. Crockett Farnell, developer, thanked all the residents for their contribution and assured them his intent was not to exclude anyone in the notification process. He simply followed the rules and regulations. He stressed he would work with staff, the Commission and neighborhood to mitigate any negative impact on the community. Mr. Farnell mentioned the prior business on the site did . generate much more large truck traffic than the current design. He also noted the current vacant buildings had resulted in an increase of criminal activity in the area. The demolition of the existing buildings would curb those activities and greatly improve the property. Mr. Farnell advised he had been willing to work with CSX for another railroad crossing to access the property; however, CSX would not permit another crossing. Mayor Taylor was in favor of bringing the matter back for reconsideration. He was not thoroughly convinced that all possible alternative truck routes had been reviewed. Commissioner Ensler pointed out a shortfall in the ordinance that required notification to only a radius of 400 feet of the project. He emphasized that all property owners did have a right to build on their property if it met the local rules and regulations. The posting of weight limit signs on all streets not authorized as a truck route would also alleviate some of the problem. Commissioner Ensler called for more clarification on the numbers and types of truck that would use the new facility. Commissioner McCray urged the residents to form some type of homeowners association to assist the residents in dealing with the developer and the City. He suggested a compromise be reached to solve the issue. Commissioner Rodriguez cautioned access to the property cannot be denied. He too suggested a meeting between the developer and the community would be helpful He supported reconsideration of the issue and thanked the public for coming forward with their complaints. 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 Vice Mayor McKoy noted the notice that was sent out did not mention anything about a proposed truck route. Mr. Bressner concurred that a meeting with the residents and developer would be advisable to discuss the efforts of staff to minimize the impact on the residential area. He emphasized the construction of the project did not lend itself to the use of any large tractor-trailer type trucks. Mayor Taylor expressed concern over the daily traffic increase as a major impact on the neighborhood. He realized the weight limit restrictions would be very difficult to enforce. Attorney Cherof pointed out if the matter came back before the Commission a decision regarding changes to the required notification rules would be needed. Mr. Bressner suggested a meeting be scheduled and as much information as possible elating to the project be given to the residents to address their concerns. Attorney Cherof advised that the interests of the property owner could not be delayed indefinitely. Mr. Farnell agreed that a two week delay would not be unreasonable. It was agreed the City Manager's office would facilitate a public meeting on the Ocean 95 Exchange project. XII.C3. Proposed Ordinance No. 06-087 RE: Amending Ordinance 05- 060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005 and providing that the art fee is payable as a condition of issuance of the first Certificate of Occupancy. (This item was taken out of order by previous motion.) Attorney Cherof read Proposed Ordinance No. 06-087 by title only. Mayor Taylor opened the issue for public hearing. Suzette Urs, 611 NE 7th Avenue, Vice Chair of the Arts Commission, gave an overview of the purpose of the Arts Commission. She emphasized that any change to the original Art in Public Places Ordinance would have a crippling affect on the arts program. Barbara Ready, 320 SW 13th Avenue, urged the Commission not to amend the original Ordinance as it would decimate the arts budget. Richard Beau Lieu, Chair of the Arts Commission, questioned if the Commission was representing the citizens or the developers. Christine Moeller, Diane Drive, expressed her surprise that the Ordinance was being changed when it had only been in effect less than a year and was such an enhancement to the City of Boynton Beach. No one else coming forward, Mayor Taylor closed the public hearing. Commissioner McCray was not in favor of changing the Ordinance. 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 Commissioner Ensler advised the Commission represented everybody and all the needs. He suggested the fee should be paid at the time of the certificate of occupancy. Debby Coles-Dobay, Public Arts Administrator, argued at least the 30% should be paid at time of permitting. She stressed any change would drastically change the arts program and the budget. Mayor Taylor stressed the market had drastically changed since the Ordinance was passed and developers needed to be able to secure financing to even start projects or the issue of art would be moot. There was agreement that the 30% should be collected at the time of permitting. Mr. Bressner noted the Ordinance would need to be rewritten and brought back again for first reading. A great deal of discussion continued on various suggestions of times and events that would require the remaining 70% to be paid and then refunded. Commissioner McCray did not understand how the issue became so complicated. Motion Commissioner Ensler moved that the ordinance does not apply to applications pending before the art ordinance went into effect. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved that 30% of the art fee should be paid at the time of permitting for only the item being permitted. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved that 70% of the fee be paid at the issuance of the certificate of occupancy for the items in the certificate of occupancy. Commissioner Rodriguez seconded the motion. (A vote on the motion was not taken) Quintus Greene, Director of Development, discussed various scenarios that would complicate the collection of the fee in a tiered or installment plan and the possibility that art would not appear throughout a project. Commissioner Ensler withdrew his motion involving the payment of the 70%. Motion Commissioner Rodriguez moved to table the entire matter until the issues could be straightened out. Attorney Cherof suggested the entire matter be removed from the agenda since the ordinance would have to be rewritten. There was consensus to remove the item and start over. VII. CODE COMPLIANCE 8< LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A Project: Agent: Owner: Location: Description: B. Project: Agent: Description: Peninsula (SPTE 06-007) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. (Tabled to November 21, 2006) Mixed Use Zoning Districts (CDRV 06-002) City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use- Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use- High (MU-H), and establishment of the Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. (Request to table to November 21, 2006) Motion Commissioner McCray moved to table item VIII.B. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor declared a recess at 9:15 p.m. Mayor Taylor reconvened the meeting at 9:21 p.m. IX. CITY MANAGER'S REPORT: A. Schedule of all development fees and when payment is due Mr. Bressner reported the item was not completed and would need to be rescheduled. B. Heritage Festival Update Wayne Segal, Director of Public Affairs, reported he was pleased to have the Neighborhood Services department working on the cooperative event being planned by the CRA and the City of Boynton Beach. Vice Mayor McKoy questioned why the name had been changed to Black Heritage Fest. He did not feel it was appropriate. Mr. Segal explained it had been discussed at length in the planning stage and decided Black Heritage Fest would be more appropriate. Wilfred Hawkins, Assistant City Manager, added the name change was made to better reflect the intent of the celebration. Commissioner McCray suggested Mr. Segal advise the organizers that the Commission did not agree with the name change. 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 C. Authorization to use up to $2.5 million of Reserve Funds to initiate the work for a Boundless Playground and other changes to the CIP Bill Mummert, Director of Financial Services, reviewed the necessity for additional funding for Intracoastal Park renovations, Wilson Center renovations and the Boundless Playground. Mr. Bressner pointed out the transfer of funds was necessary to begin the Boundless Playground project and would assist in the ongoing fund raising efforts. Motion Commissioner Ensler moved to approve Proposed Resolution No. 06-193. Commissioner McCray seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. New Space for the Police Department (November 21, 2006) B. 60-day Waiver on Signs for New Businesses in the City (November 21, 2006) C. Feasibility of Saturday hours for the Building Division (March 2007) D. Financial analysis of the Utilities Department total Capital Improvement Program and the anticipated impact on user fees (December 5,2006) E. Amend Land Development Regulations to allow 18-month time extensions on new requests for site plan extensions rather than 12-month time extensions (December 5, 2006) XI. NEW BUSINESS: A. Selection of Voting Delegate for the National League of Cities, Congress of Cities and Exposition in Reno Nevada December 5-9, 2006. Motion Commissioner Ensler moved to approve Vice Mayor McKoy as the primary voting delegate and Commissioner McCray as the alternate voting delegate. Commissioner McCray seconded the motion. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 1. Proposed Ordinance No. 06-085 RE: Amending Chapter 2 of the City of Boynton Beach Code of Ordinances, creating Article XV, entitled "Voting by Board Members" providing for abstention from voting by board members with conflicts of interest and disclosure of conflicts of interest by board members. Attorney Cherof read Proposed Ordinance No. 06-085 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 06-085. Commissioner Rodriguez seconded the motion. Discussion Commissioner Ensler pointed out the notice requirement should be directed to the City Clerk who would then notify the board members. Attorney Cherof acknowledged the correction would appear on the second reading of the ordinance. Commissioner Ensler noted the State definition of "relative" had been included to be consistent. Commissioner McCray advised due to current events involving the County Board of Commissioners he was in total agreement with the changes. ~ City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 06-086 RE: Approving and allowing both the reduction of surety matters and final release of surety in circumstances when the amount of the surety does not exceed $20,000. Attorney Cherof read Proposed Ordinance No. 06-086 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-086. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 06-087 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005 and providing that the art fee is payable as a condition of issuance of the first Certificate of Occupancy. (This item was moved forward in the agenda.) 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 D. Resolutions: 1. Proposed Resolution No. R06-176 RE: Approving and authorizing the proposed adjustments to the fee schedule for development and related applications. Attorney Cherof read Proposed Resolution No. R06-176 by title only. 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 Motion Vice Mayor McKoy moved to approve Proposed Resolution No. R06-176. Commissioner McCray seconded the motion. The motion passed unanimously. 2. Proposed Resolution No. R06-177 RE: Approving and authorizing the proposed fee additions and adjustments for building permits Attorney Cherof read Proposed Resolution No. R06-177 by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-177. Commissioner Ensler seconded the motion. The motion passed unanimously. 3. Proposed Resolution No. R06-191 RE: Approving and authorizing execution of a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) at Jaycee Park in the City of Boynton Beach. Attorney Cherof read Proposed Resolution No. R06-191 by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-191. Vice Mayor McKoy seconded the motion. The motion passed unanimously. E. Other: None XIII. UNFINISHED BUSINESS: A. Reconsideration of Ocean 95 Exchange Plaza (NWSP 06-020) (This matter was moved forward in the agenda) XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 9:40 p.m. 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 8, 2006 CITY OF BOYNTON BEACH "--., ) ATTEST: Commission - -_.---- ,.".....,.-- /:::....-. Janet M. Prainito ~a~ dith A. Pyle Deputy City Clerk (111306) /' --. ./-/ / Commissioner - Jose Rodriguez / 16