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Minutes 08-21-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 21, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Commissioner Carl McKoy C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order ut 6:32 p.m. Commissioner McKoy gave the invocation and Vice Mayor Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 2. Adoption Motion Vice Mayor Rodriguez moved to approve the agenda. Commissioner McKoy seconded the motion that unanimously passed. II. OTHER: A. Informational Items by Members of the City Commission None III. ANNOUNCEMENTS, PRESENTATIONS COMMMUNITY & SPECIAL EVENTS & A. Announcements: None 1 Meeting Minutes City Commission I!oynton Beach, Florida August 21, 2007 B. Community and Special Events: Commissioner McCray read information about a community meeting taking place on Saturday, August 25, 2007 at 2:00 pm at the R. M. Lee Educational Complex at the St. John Missionary Baptist Church, to discuss improving the Heart of Boynton; specifically around the MLK Boulevard. This was in partnership with the R.M. Lee Community Development Center, Faith Based Community Development Corporation, the Auburn Group and the Neighborhood Renaissance. Commissioner McCray indicated he was planning to attend, but may be late. Mayor Taylor noted members of the Veterans of Foreign Wars were present. He explained there was nothing on the agenda; the funding for the Veterans monument was approved at the last meeting. C. Presentations: 1. Proclamations a. Discover Afterschool - October 18, 2007 Mayor Taylor read the proclamation on the Discover Afterschool Program. b. C. Stanley Weaver - Citation Item IILC.1.b was deferred to later in the meeting to allow Mr. Weaver to arrive. c. Firefighter Appreciation Month - September, 2007 Mayor Taylor read the proclamation honoring the Boynton Beach Firefighters, and all Firefighters. This proclamation also referenced the Firefighters' efforts on behalf of the Muscular Dystrophy Association and the 2007 Fill the Boot Campaign will assist the MDA in its efforts. September 2007 was proclaimed as the Boynton Beach Firefighter Appreciation Month in Boynton Beach. Ray Carter, Deputy Chief, Boynton Beach Fire Department, recognized over $3M was raised nationwide on that one weekend for the cause. He announced they raised $14,516 locally last year. Those monies stay in the community and provide wheelchairs, leg braces, summer camp and other services to those in need. Mr. Carter thanked all for what they do to help out. Larry Lederhandler, Treasurer of Local 1891 of the International Association of Firefighters, was present and announced they appreciate the support and enjoy the opportunity to interact with the public. 2 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 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> Herb Suss, a resident of Qua!! Run, explained he received correspondence from his homeowners association indicating he had represented his homeowners association, when he did not. His homeowners association indicated the letter came from a higher up. Mr. Suss was enraged over the letter and felt it emanated from a member of the City Commission. He demanded the Commission stay out of his community's business. Mayor Taylor explained the president of Mr. Suss' homeowners association sent him a letter. He suggested Mr. Suss handle his homeowners association and advised that he was not involved in the matter. VERBATIM COMMENTS OF JONATHAN DWORK REQUESTED BY COMMISSIONER MCCRAY: Mayor Taylor: Good evening. Mr. Dwork: Good evening. I'm Jonathan Dwork, 154, Orange Drive, Boynton Beach, FL representing nobody but myself. First, I want to congratulate OUt Mayor and Vice Mayor. There were 28 applications for the appointment to the County Commission. The Governor saw fit to narrow down the field to seven. Two of seven were Mayor Taylor, Vice Mayor Rodriguez. I know there is let down. I'm sure there is a let down not getting the job, but not only should both of you feel proud, the citizens of Boynton Beach should also feel proud that two of our elected officials were so highly regarded by the Governor of our great State. Kudos to the Governor also for seeing through the absurdity of the unfounded accusations of a developer suffering from lack of performance and sour grapes. Being a long time resident of Boynton Beach, I welcome the authorities to look into the actions of any of the City's boards whether elected, appointed or recently taken over. I know as an informed resident and taxpayer that a majority of the Commission have acted in the best interest of our citizens, or tried to, given the information from people with personal power and profits in mind. We have let some real whoppers get away. My concerns are with Commissioners, Mr. McKoy and Mr. McCray. Their statements and votes in support of the previous CRA board are extremely suspect in my opinion. 3 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Why would they continually support keeping a board that wildly overpaid for properties, especially the one owned by the immediate former head of the board, Mr. Finklestein, and allow their staff to also spend lots of taxpayer dollars without proper oversight. Yes, the expenditures may have been legal, but they were truly not necessary and without merit. I don't believe they were in any way, shape or form. Maybe Mr. McKoy and Mr. McCray support that kind of behavior because they too like to spend taxpayer dollars traveling all over. McKoy has spent over $40,000 on travel and Mr. McCray has spent over $8,000 on travel. But, guess what, fellow taxpayers, they never use their monthly expense checks for any of that. The City should be reimbursed. I personally object to having McCray's community association monies paid by the City. Strange I have to pay mine. Yes, I never thought to ask the City or Mr. McCray to pay my way. Their connections with members of the previous CRA board demand to be looked into by an outside law enforcement agency. W1at also should be examined are connections with the previous CRA board members and the CDCs as well as their support of the purchase by the previous CRA board of properties owned by previous CRA board members. Why were two of you so supportive of that purchase? If we had waited for it to go into foreclosure or at least allowed a private entity to purchase that parcel for an amount that would have given the previous CRA board chair millions in profits - why? Mayor Taylor: I have to ask you to sum up cause three minutes. Mr. Dwork: Well, okay. I think that was a terrible waste. The JTC is still in crisis. I've watched a lot of physical violence from Mr. McCray and have had Mr. McKoy and wife both verbally attack me. Still interested in the trip to China that wound up on McCray's desk and perhaps that was a pagoda payoff. I really think there should be a lot of more investigations what's going on before the authorities, state or county or state catch up and find out. I really think our City should figure out what's going on before the press and before lawsuits are brought. Thank you. Mayor Taylor: Thank you. Commissioner McKoy: Mr. Dwork, I have a question for you. Mr. Dwork: Yes. Commissioner McKoy: What is your relationship with Mr. Katz, David Katz? Mr. Dwork: Uh, he's a friend, a former Commissioner. Commissioner McKoy: Thank you, that's all I need. 4 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mr. Dwork: Basically a neighbor, like you. Commissioner McKoy: That's all I need, thank you. Mr. Dwork: I've seen him around. Actually your wife has come over to my house to campaign. About the same relationship I have with you. Commissioner McKoy: Point of order, Mr. Mayor. Mayor Taylor: You asked him a question. I'm just letting him answer your questions. Mr. Dwork: Yes, I'm answering your question. Commissioner McKoy: He's answered my question. Mr. Dwork: You're a member of my immediate area. Mayor Taylor: Thank you. Mr. Dwork: -- And district and we've met each other several times. Mayor Taylor: Thank you. Commissioner McCray: Only comment that I have, I thank you for your comments. I'd like for you to get me a copy of that verbatim please. Thank you. Mr. Dwork: Oh, certainly. Commissioner McCray: Not you, I'm talking to the Clerk. Verbatim please, thank you. Mr. Bressner: Sir, if you want to provide us a copy with it that would be - Mr. Dwork: Certainly. Sorry, I had to sum up. This is verbatim. Commissioner McCray: I think I said I want to the Clerk to give me a copy. Now, if you want to attach one to it. Mr. Dwork: I'll leave it here. Mayor Taylor: We'll give it to the Clerk, yeah, we'll give it to the Clerk. Mr. Dwork: I'm handicapped. 5 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Mayor Taylor: Thank you. Commissioner McCray: Your mouth's not. (A copy of the prepared statement is attached to the original set of minutes on file in the City Clerk's office.) III.C.1.b. Stanley Weaver - Citation Mayor Taylor acknowledged the presence of Mr. Weaver and suspended Public Audience to make the presentation. Mayor Taylor read the citation for C. Stanley Weaver, expounding his life accomplishments, business experience and political career, as well as his veteran affiliations and service to the City of Boynton Beach and the United States. Mayor Taylor conveyed the pride the community had in him and his efforts, and thanked him. Mr. Weaver explained the citation was an honor he did not expect and was very proud to receive. He recognized his partners and indicated it was a pleasure to be of service. His father raised his family to do what they could to serve and to be helpful. He hoped that was the reputation he had and thanked the Commission and the people who had been good to him and his family over the years. Sergio Casaine, 13 Meadows Park Lane, spoke about the Housing and Community Development Network of New Jersey and prefaced his comments by offering them as a sincere effort to enlighten the Commission on areas they would use as models. He explained Newark, for 20 years, was trying to get together a Housing and Community organization that would help clean up the City. He advised effective July 10, 2007, it was reported federal investigators subpoenaed State House records sponsored by the Newark Mayor three years earlier, that gave him unbridled power in City land sales. He was indicted. Mr. Casaine thought there were issues involving land administration that could drastically affect the City's plan to benefit residents. He thought the same concept used in Newark was being considered by this City. There was an organization consisting of many housing developers for low and moderate income residents. Those organizations are not organized for cultural, organization or recreational purposes although they include them. Their priority is to expand, redevelop and allow opportunities for low and middle income persons to afford housing. Neighborhood revitalization required an enormous effort from several entities to make it work. Mr. Casaine cautioned there must be policing of the effort and the commission must carry on with the responsibility for revitalization of areas that require it. Community development plans tend to attract individuals looking for a fast buck and do business with land that does not belong to them. He expressed revitalization can be effective but it requires proper planning. Mr. Casaine recommended this issue go to the drawing 6 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 board before being signed off on and having security measures in place to protect the residents of City. He explained the City has groups established and professionals that know how to raise money to get it done. He did not feel they need another private enterprise for improvements. He did not want the commission to consider another organization until current resources are used first. Mr. Casaine spoke about Robert's Rules of Order, which, when adopted, become the protocol of the meeting. When applied improperly, they violate freedom of expression and the principal of democracy. Mr. Casaine explained this Chair applied the rules improperly. He explained there is a fine line, and sometimes the rules can disturb the process of democracy. Victor Norfus, 261 N. Palm Drive, explained although he was a candidate for Commission District II, he was also an African-American Indian of Black Seminole heritage. His great grandmother was a full blooded Seminole Indian who was enslaved after the Seminole Wars. Today, the Seminoles celebrated 50 years of independence. He wanted to let everyone know the contribution made by the Seminole nation, who thought every man should be free. They welcomed slaves as citizens of the Seminole Nation. The Africans were in America before slavery. They came to America 700 years before the birth of Christ. He wanted all to know Seminoles were a proud people and they still believe in freedom and equality for all men. He believed the issues here could be addressed on a much fairer basis if you communicate with residents. It was important that he let everyone know that Seminoles are a proud people and so are their descendents. Woodrow Hay, 427 NW 4th Avenue, explained he liked to sit on the bench at the beach with his grandson and he and others observed it was very difficult to find a spot to see water because the sea grape trees had grown up around the benches. He explained he would like to see them cut down to a level where the water was visible. Mayor Taylor responded the City was aware of that and was redoing the whole beach area. Commissioner McCray explained he did not mind any accusations. He announced he made a nomination he is not proud of now, but he did not mind anyone checking into his background. He advised he did nothing wrong and he was not going anywhere. V. ADMINISTRATIVE: 7 Meeting Minutes City Commission Boynton Beach, Florida A. Appointments Appointment To Be Made Board IV McKoy Arts Commission IV McKoy Bldg. Bd of Adj & Appeals III Rodriguez Bldg. Bd of Adj & Appeals Mayor Taylor Bldg. Bd of Adj & Appeals III Rodriguez Cemetery Board Mayor Taylor Code Compliance Board I Weiland Code Compliance Board Mayor Taylor Community Relations Board I Weiland Community Relations Board I Weiland Education & Youth Advisory Board II McCray Education & Youth Advisory Board III Rodriguez Education & Youth Advisory Board IV McKoy Education & Youth Advisory Board Mayor Taylor Education & Youth Advisory BOard II McCray Recreation & Parks Board Mayor Taylor Veterans Advisory Commission I Weiland Veterans Advisory Commission II McCray Veterans Advisory Commission Motion August 21, 2007 Length of Term Exoiration Date Alt 9 mo term to 12/07 Reg 33 mo term to 12/09 Tabled (2) Alt 9 mo term to 12/07 Tabled (3) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (3) Alt 9 mo term to 12/07 Reg 21 mo term to 12/08 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Stu 9 mo term to 12/07 Tabled (2) Stu N/V 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Reg 33 mo term to 12/09 Tabled (2) Alt 9 mo term to 12/07 Tabled (2) Commissioner McKoy moved to table the appointments. Commissioner McCray seconded the motion that unanimously passed. 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. Agenda Preview Conference - August 3, 2007 2. Regular City Commission - August 7, 2007 Commissioner McCray pulled Item VLA.2. 8 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award piggyback to the City of Palm Bay, FL, RFP/Contract No. 39- 0-2007/SB with Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation services for an estimated annual expenditure of $300,000. 2. Approve Birdie Golf Ball Company to Retrieve GOLF BALLS FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE, in consideration of $5,450 annually paid to the golf course. (Proposed Resolution No. R07-091) 3. Approve a contract for Design Services for $273,200 to Glatting Jackson to provide construction documents, bidding assistance and construction review for the Congress Avenue Community Park and Boundless Playground RFQ #028-2730-07/0D in the amount of $273,200. (Proposed Resolution No. R07-092) 4. Authorize the purchase of two (2) Lime Paste Slakers, Series A-758 for the East Water Treatment Plant for a total amount of $143,336. C. Resol utions 1. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations. (Tabled to August 7, 2007) (Request to table to August 21, 2007) Commissioner McCray pulled Item VLC.l. 2. Proposed Resolution No. R07-093 RE: Amending the lease agreement for Cingular's (formerly Bellsouth Mobility) telecommunications tower at 300 East Woolbright Road (City's Little League Field site) allowing an extension of the lease agreement and a new provision for an option to expand the lease area by an additional 16 feet by 20 feet for potential future co- locations. Commissioner McCray pulled Item VLC.2. 3. Proposed Resolution No. R07-094 RE: Approving and authorizing execL.:tion of Task Order No. U07-4-3 with Camp 9 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Dresser & McKee Inc. (CDM) for the initial design of an on-site sodium hypochlorite generation system, to be located at the East Water Treatment Plant in the amount of $52,609. 4. Proposed Resolution No. R07-095 RE: Approving and authorizing execution of an agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project for Quantum Park site. Commissioner McCray pulled Item VLCA. 5. Proposed Resolution No. R07-096 RE: Approving and authorizing execution of an amendment to Interlocal Agreement (R2003-0174) with Palm Beach County for the operation of the radio system keeping the agreement in force until February 4, 2011. 6. Proposed Resolution No. R07-097 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Gentil Felicite for the property located at 3959 89th Road South, Boynton Beach, FL. 7. Proposed Resolution No. R07-098 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Laura K. Zduniak for the property located at 3945 89th Road South, Boynton Beach, FL. 8. Proposed Resolution No. R07-099 RE: Approving and authorizing execution of an agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, FL and Boynton Industrial, LLC. Commissioner McCray pulled Item VLC.8. D. Approve release of a Performance Bond (#1018459) for a Temporary Certificate of Occupancy posted with Lexon Insurance Company in the amount of $2,538,100 for the project known as Monteverde at Renaissance Commons. E. Approve release of a Performance Bond (#LS10022230 posted by Guarantee Company of North America USA) in the amount of $203,588 and a Performance Bond (#1010065 posted by Lexon Insurance 10 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Company) in the amount of $192,962 posted by D.R. Horton, Inc. in connection with Palmyra Phase II. F. Approve additional funds in the amount of $18,325 to complete the Avenue of the Arts year long on-loan sculpture program. Commissioner McCray pulled Item VLF. G. Receive revisions to the Recreation & Parks Department Revenue Policy Manual regarding fees and charges and accounting for all revenue and provide an effective date of October 1, 2007. Motion Commissioner McCray moved to approve the Consent Agenda less items pulled. Commissioner McKoy seconded the motion that unanimously passed. VLA.2. Regular City Commission - August 7, 2007 Commissioner McCray asked when the minutes were completed. Staff responded they were placed in their boxes the day before. He requested in the future to call when they were complete. He announced he had not had the chance to read them, although he would vote in favor to approve them. Motion Commissioner McCray moved to approve. Commissioner Weiland seconded the motion that unanimously passed. VLB. 2. Approve Birdie Golf Ball Company to Retrieve GOLF BALLS FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE, in consideration of $5,450 annually paid to the golf course. (Proposed Resolution No. R07-091) Commissioner McCray asked for an explanation of this item. Dan Hager, Manager of Golf Operations at the Links, explained this was a common occurrence at golf courses. There is a dying business where companies dive for the golf balls lost in the lakes and keep them. The companies pay the golf course a fee for the privilege. This time they received $5,450. In reference to alligators in the lakes, the companies have their own insurance, and as a prerequisite to enter the bid, they are held to a $lM liability policy. Most of the divers are contracted and there is an additional waiver that is approved by Risk Management as well. 11 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Motion Commissioner McCray moved to approve. Commissioner Weiland seconded the motion that unanimously passed. VLC.1. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations. (Tabled to August 7, 2007) (Request to table to August 21, 2007) Motion Commissioner McCray moved to remove this from the table. Commissioner McKoy seconded the motion that unanimously passed. Commissioner McCray asked the Cemetery Liaison to explain this item. Jody Rivers, Park Superintendent, explained the Cemetery Board met and voted to allow three markers to be placed at the top of the grave if one casket and two cremains are placed in the plot. The markers would not be staggered, but instead, placed at the head, one following the other. Motion Commissioner McCray moved to approve. Vice Mayor Rodriguez seconded the motion that unanimously passed. VLC.2. Proposed Resolution No. R07- 093 RE: Amending the lease agreement for Cingular's (formerly Bellsouth Mobility) telecommunications tower at 300 East Woolbright Road (City's Little League Field site) allowing an extension of the lease agreement and a new provision for an option to expand the lease area by an additional 16 feet by 20 feet for potential future co-locations. Commissioner McCray asked what was done with the funds received from the rentals. City Manager Bressner responded they go into the General Fund and are used for general governmental purposes. Motion Commissioner McCray moved to approve. Vice Mayor Rodriguez seconded the motion that unanimously passed. 12 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 VI.C.4. Proposed Resolution No. R07-095 RE: Approving and authorizing execution of an agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project for Quantum Park site. Commissioner McCray asked when the City was going to advise the residents to remove invasive vegetation from their property. Ms. Rivers responded the grant was for City owned property only and there was no requirement mandating residents remove exotic materials from their property unless they were being developed. Commissioner McCray thought there was an in depth study indicating they did have to remove the species from their properties. Ms. Rivers would investigate the matter further. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that unanimously passed. VI.c.s. Proposed Resolution No. R07- 099 RE: Approving and authorizing execution of an agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, FL and Boynton Industrial, LLC. Commissioner McCray asked for an explanation of the mitigation for roadway improvements between the City and Boynton Industrial, LLC. Mr. Bressner responded the agreement puts in motion the set aside of funds that the developer was paying regarding their share of offsite roadway improvements. The most recent direction to staff was to proceed working on the south access route. The engineering analysis would be completed and come back to the Commission. The agreement from the developer regarding payment referenced in the agreement reflected their total cost for the improvements. Mr. Bressner explained he had the funds but he held the check pending approval of the agreement with the developer. Commissioner McCray asked whether the developer pulled permits to start building. Mr. Bressner explained he was aware the site clearing and demolition permits were pulled. Betty Massey, Boynton Industrial, LLC, advised they applied for all agency approvals. Some permits were received and the water use and South Florida Water Management permits were being issued. As soon as they received them, they were prepared to obtain the building permit immediately. The site would be perfectly clean and she anticipated having the building permits within 90 days from the date of submittal. 13 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Vice Mayor Rodriguez referred to the fees for the road improvements for the original access road which was West Ocean. He asked if the City was under any obligation to hold off and reconsider the amount based on the alternate route. Mr. Bressner explained the cost represented the fees if Ocean Avenue was considered the main access point and that represented the amount of improvement that would be necessary for that roadway. Since the Commission authorized a different roadway to be considered, the staff recommendation originally approved by the Commission was to accept that fund as being the equivalent share of improvements. There would be an increased cost and they had budgeted $750,000 for the original north alignment. That amount has now increased to $1.5M so the cost share that the developer was paying was basically less than 10% now, where it was about 20% before. Vice Mayor Rodriguez asked whether the $115K was the consideration for the new route. Mr. Bressner responded it was the consideration for the equivalent costs of Ocean Drive. Vice Mayor Rodriguez requested confirmation that once reevaluated cost of alternate routes, the north and the south was the $115K number always considered as the deposit/contribution amount. Mr. Bressner responded it was and the cost to the developer remained the same. Commissioner McCray requested an explanation on the change in number on the backup materials. Mr. Bressner explained the documents that came down were incorrect. He consulted with the Finance Director and $1.5M was in the budget for the roadway access and he handwrote $1.5M it in. The funds were confirmed in the budget. Vice Mayor Rodriguez asked when the City could expect the project to commence. Ms. Massey anticipated the project would begin within 90 days. Commissioner McCray inquired about trash on the property. Ms. Massey indicated they would implement security measures to ensure nothing would be on site and that it be clean and attractive to perspective buyers. The structure was a condominium office warehouse. Motion Commissioner McCray moved to approve. Commissioner Weiland seconded the motion that passed 4-1. (Vice Mayor Rodriguez dissenting.) VLF Approve additional funds in the amount of $18,325 to complete the Avenue of the Arts year long on-loan sculpture program. Commissioner McCray inquired about sculptures going up around community. He asked if the citizens could be educated on it or if there was a brochure on what was there. Ms. Debby Coles-Dobay, Public Arts Administrator, explained for the first four sculptures, they had a flyer for the Marina Summer Fest for the walking tour about the art pieces. They were also preparing information to be placed on the web site which 14 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 they anticipated to be ready by August 31st. There was a draft brochure on all 10 pieces, and there should be information about the artists on site. Motion Commissioner McCray moved to approve. Vice Mayor Rodriguez seconded the motion that unanimously passed. G. Receive revisions to the Recreation & Parks Department Revenue Policy Manual regarding fees and charges and accounting for all revenue and provide an effective date of October 1, 2007. On another matter, Commissioner McCray had questions on Item VLG. and indicated he looked at the fees. He thought the fee increases were huge and would prohibit the rental of the facility. Mr. Bressner explained the fees had not changed for a number of years. He suggested if Commissioner McCray had specific questions, he could meet with him and staff. If the matter needed to be brought back, they could do so. He explained the fees were not intended to gouge residents, but they should recover the cost to provide services and they were trying to balance the needs with the services. Commissioner McCray indicated he would bring the matter back. 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. Descri ption: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) A. Project: Agent: Owner: Location: 15 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Motion Commissioner McKoy moved to remove Harbor Cay from the table. Commissioner Weiland seconded the motion that unanimously passed. Kathleen Zeitler, City Planner, presented the request for the time extension for property situated north of Gateway, east of Federal Highway and zoned Infill Planned Unit Development for 23 fee-simple townhouses. At the time of original site plan approval, site plans were valid for one year and then expired. This approval would extend the expiration to May 2, 2008 and was due to a regulation change. She clarified some site plan time extensions that were valid for one year would be good for eighteen months. Ms. Zeitler reported the applicant made good faith efforts to move the project forward; however, the delays were due to required reconfiguration of underground utilities, civil engineering plan revisions, an associated delay in platting, and required construction revisions. The original 85 conditions of approval were still in effect and, if approved, the project was not exempt from Art in Public Places, which was one of the original conditions of the approval. The applicant has not paid the required capacity registration fee, which is due within seven days. Staff recommended that payment occur before final action before the City Commission as a condition of approval. As of this morning she advised the fee had not been paid. Staff was recommending approval since in it was in the Community Redevelopment Plan area if payment of the capacity registration fee could be be worked out. The applicant was not present. Mayor Taylor opened the floor to public comment. Grover Jones, 628 Lakeside Harbor, advised when residents first saw the plans, they thought they were great, but there were issues with the individuals trying to develop the property. One issue was they had a gate given to them by the City that was damaged by the hurricane. A tree fell on one part of the pedestrian entrance gate, which the residents removed and cleaned up on their own. The gate was still operational. The developer came and demolished apartments and in the process, demolished the gate keypad, the power pole was torn down as was the gate. The developer advised it was storm damaged by the hurricane; however, Mr. Jones indicated any resident could verify the gate worked. The lost gate was never addressed properly. This was a privately owned street, which was supposed to be addressed, but never was. Mr. Jones announced they've been to the City about their dock, which was vandalized. They spent $50,000 trying to prove they owned the dock and the developer did nothing about getting the dock taken care of. Mr. Jones explained these were just three items held out to them to be addressed in good faith and none of them occurred. He suggested the City be cautious when they receive their fees for the project. He announced development was great, but they were being held captive. He thought the City should communicate with the citizens and have 16 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 a bond. The residents and the developer need to work together and he had not seen that happen here. Vice Mayor Rodriguez asked why the request was being considered when it did not pay their fees. Ms. Zeitler explained this was a recommended comment, which could be a condition of approval if the City chose to accept it as one. Bruce Kinner, Attorney for the applicant, had a copy of the check paid to City Hall, delivered earlier in the day. Mr. Bressner asked staff to provide what the original conditions of approval were as to the manner of buffering proposed. Ms. Zeitler would provide that information. Bonnie Jones, 628 Lakeside Harbor, indicated she did a lot of research into the developer's past and expressed doubt the project would come to fruition. She requested there be some guarantee they have privacy, and they would, at their own expense, move the gate off his property. She indicated the developer took the fence down without approval. Mr. Kinner, 14607 Park of Commerce Blvd., Jupiter, explained he could not address the resident's comments, but he was instrumental in attending meetings with the City and the developer was presently in North Carolina. He advised the developer obtained his financing and would close in the next two weeks. He was aware he had surgery in May. Mayor Taylor requested he relay some of the conditions of approval. Mr. Kinner was not able to provide information in response to the Commission's comments. Commissioner McCray requested the applicant be present. Motion Commissioner McCray moved to retable. Commissioner McKoy seconded the motion that unanimously passed. B. Project: Agent: Owner: Location: BOYNTON BAY (LUAR 07-002) Weiner & Aronson, P.A. The Hamlet, L TD West of Federal Highway and south of Gateway Boulevard Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) to Special High Density Residential (SHDR) (1st Reading of Proposed Ordinance No. 07-020) 17 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development (PUD) (1st Reading of Proposed Ordinance No. 07-021) Proposed Use: Residential development consisting of 420 residential units (240 existing for rent units, 180 new for sale units including 45 for sale work force units) for an overall density of 19.93 dwelling units per acre (dujac). Mayor Taylor read the request on first reading to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential. Jim Cherof, City Attorney, explained this item had a quasi-judicial and non quasi- judicial portion. He asked if the applicant, were present and if they had objections to hearing the two portions together. Michael Weiner, attorney for the applicant was present, and did not have objections. Attorney Cherof read the Proposed Ordinances by title only. Commissioner McCray announced he had no ex-parte communications. Hanna Matras, Economic Development Planner, explained this was the first project to invoke the provision of the Workforce Housing Ordinance. She explained it was not exactly what staff expected as the first project for two reasons. First, the project was a redevelopment of an existing site by adding units, and second, this was going to be age restricted. The ordinance did not have any stipulations on the age of the program beneficiaries and the housing needs assessment indicated for the Head of Households that were aged 55 and over, there was a higher affordability gap than in younger households. She explained many people in that age category and above were still in the workforce earning wages that made community economic development viable. Gabriel Weubben, Planner, explained the application for the land use amendment was for a 21 acre parcel. This was a large scale rezoning that would be transmitted to the Florida Department of Community Affairs by the end of year. The development would result in construction of three structures in the center of the property. The peripheral structures would receive minor interior alterations and aesthetic improvements. Under the Ordinance, the developer would be required to maintain 240 workforce rental units and create 45 for sale units. Mr. Weubben explained because the developer was requesting the Special High Density designation, the developer had the right to request waivers of land development standards when they made workforce housing unfeasible. 18 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 The two waivers being requested were for parking and the second was for height. As to the parking requirements, there was photographic evidence showing the existing parking was more than adequate. There was written evidence in support of the reduced parking requirement from the Institute of Transportation Engineers and the developer retained a traffic engineer to support the waiver and demonstrate the waiver would not impact City life and safety standards. The waiver would assist the developer and staff supported granting that wavier. Mr. Weubben explained the developer was looking to increase the height from 45 feet to 63 feet. The developer tried to mitigate the buildings with the surrounding neighborhood which was single-family residential. He explained the development was in compliance with many policies of the Com~rehensive Plan and provided a strong boost to affordable housing. The project was located within the City's existing infrastructure and would not require a large output of funds for that service. Staff was concerned with the height difference, but in consideration of the steps the developer had taken to locate the new units at the center of the property, there were significant setbacks creating a tiered effect that minimized the impact this project would have on the neighborhood. The proposed development complied with the provisions of the Comprehensive Plan and the affordable housing provisions. Staff recommended approval of the land use amendment and rezoning, and after DCA review and comment, recommended final adoption, if approved concurrently. Mayor Taylor disclosed he met with the applicant 60 to 90 days ago who explained what he was planning to develop. Commissioner Weiland disclosed he met approximately three or four months ago with reference to the same project. Vice Mayor Rodriguez disclosed he met with the applicant and Commissioner McKoy disclosed he also had a dialogue with the developer. Mr. Weiner explained the board was voting for transmittal to the Department of Community Affairs only, and the Commission would be able to review the plan later. He indicated this was the first time the City was using the Workforce Housing Ordinance on a development but they were only redeveloping the inner two acres. The project was more than 150 feet from the closest border and 480 feet from other borders. The other 19 acres would remain untouched. He reiterated the developer was only going to rehabilitate the buildings, and make other upgrades to improve the appearance. The project was originally completed in 1991. In summary, the Commission would consider two items; one was for Comprehensive Plan changes and the second was the zoning requiring two votes at the end of the presentation. He explained Chapter 2, Section 9, Item C of the development regulations were contained in the staff report. The staff report contained eight pages of regulations and Mr. Weiner advised they have met those requirements. He advised for those items that were quasi-judicial in nature, those conditions were met and staff concluded the 19 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Commission could support the request. He explained staff did a very nice job with this type of zoning. The Commission was allowed to see a master plan and Mr. Jones would highlight it. He pointed out this request met six Comprehensive Plan objectives and using the Workforce Housing Ordinance required 20% of the units be workforce, and they were dedicating 25% of the for sale units to workforce. With respect to apartment rentals, they would continue to have 100% rent restricted and age restricted. This would result in 240 units on the rentals age and rent restricted. He explained there were always concerns about traffic and City staff concluded all streets operated at acceptable levels of service. All concurrency requirements have been met. The waivers were being used in connection with the Workforce Housing Ordinance. Richard Jones, Principal of JMJ Architects, Boca Raton, was present and advised there was a severe shortage of workforce housing in South Florida. They were renovating the existing community building to a classical revival style of architecture, compatible to 4th Street and the Preserve community. They wanted to have the increased density in the center of the existing community and create a new community in Boynton Beach. Mr. Weiner explained the restrictions on the community were ending and it was discussed with staff and the developer it was best to keep the units age and rent restricted. Commissioner Weiland asked if approved by the DCA and moved forward, how long would it take to be completed? He also indicated noting Auburn Development was involved in other projects in the Heart of Boynton, if there was financial backing for the project. Cito Beguistain, VP of Auburn Group, responded after site plan and building permits, from the time they commenced building, they anticipated about eight months; and hoped by the beginning of 2009, the first building would be delivered. Mr. Beguisitain explained the State committed and approved approximately $10M for rehabilitation of existing units. He announced they were in the process of obtaining permits to begin that process. He advised they have been building for 18 years and they constructed about 4,000 units in the first seven years. Currently, and including this project, they only had about 1,180 units in process. He explained the company was a for profit company with a social mission to provide affordable housing. He advised with the recent land prices, they had to decrease normal levels of business, which may seem like a lot in Boynton, but it was about half of what they had done over the years on a number of unit basis. Commissioner McCray requested confirmation the company received a letter indicating the State was giving them $10M. 20 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Mr. Beguisitain explained the tax credit for the rental portion expired and as of the end of last year, there were no additional restrictions requiring they keep the rents affordable, although they did. They approached the State and the money represents the subsidy to keep the rental units affordable for the next 30 years. Commissioner McCray requested a copy of the letter. Mr. Beguisitain explained the funds are approved by the Florida Housing Corporation, and the closing and the bond closing for it will occur at the end of September. Commissioner McCray announced the record stated that Auburn Deveiopment stated they received a letter from the State for $10M. He asked for a copy of the letter. Commissioner McCray acknowledged there were questions from Four Seasons at the recent Planning and Development meeting about how will they would be addressed. Mr. Weubben explained they received one straggler letter of complaint about the project from Miss Candace O'Conner. Commissioner McCray asked how Mr. Weubben defined straggler of a letter. Mr. Weubben explained there was a collection of letters received earlier. This one came in. Mr. Weubben explained those other letters were delivered to the Clerk at the last Planning and Development Board meeting. Commissioner McCray requested copies of those letters. Ron Perella, 311 NE 1ih Avenue, was present and announced he presented about 80 letters to the board at the July 24th hearing detailing their concerns. He explained Board Members, Virgil Wilkinson and Mark Signler met with Mr. Hinners several times prior to the July 24th meeting, but had not made their concerns clear. He explained they raised five serious issues. Since then, ~hey met with Mr. Hinners and they executed a declaration of covenant that satisfied their concern over a boundary and landscaping issue along the border. There was an issue with trucks; however, the trucks would now be entering on the north side. They were quite satisfied Mr. Hinners was a good neighbor who was willing to take their concerns to heart. Mr. Weubben clarified they were unaware there would be a construction entrance on the north side and they should probably review that. Commissioner McKoy was encouraged to hear the developer was working with the neighbors and offered a motion for approval. Mayor Taylor announced this motion was for Ordinance 07-020 to amend the Comprehensive Plan Future Land Use Map. Motion Commissioner McKoy moved approval. Vice Mayor Rodriguez seconded the motion. 21 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Vote City Clerk Prainito called the roll. The vote was 5-0. Mayor Taylor asked for a motion for Ordinance 07-021. Motion Commissioner Weiland moved approval. Vice Mayor Rodriguez seconded the motion. Commissioner McCray asked for the develo;Jer's definition of affordable. Mr. Beguisitain responded in the development world they do not consider affordable housing the same as workforce housing. He explained there are three levels and he suggested maybe two levels of affordable and then workforce. The rental units were affordable at 60% of the area median income at $27K and then below. The standards were set for affordability; 25% of the units have to be affordable to very low and 75% had be affordable to moderate income. For workforce housing units, the final bill, which included taxes, insurance, and everything else, could not exceed 35% of their take home pay. Ms. Matras explained the City chose to go from the income, not to exceed the housing burden. The home prices designated by Palm Beach County for low income category is $164K. Moderate had two levels but the maximum price was $240K. Commissioner McCray asked why that information was not included in the backup materials. Ms. Matras explained because it is not part of the ordinance being approved. A copy of the related information would be given to Commissioner McCray. Vote City Clerk Prainito called the roll. The vote was 5-0. Vice Mayor Rodriguez commended the developer of the project. He explained this was the first time a developer was taking advantage for the Workforce Housing Ordinance passed by the City and providing the workforce housing needed. c. Project: Agent: Owners: Location: CHILDREN'S SERVICES COUNCIL (HTEX 07-003) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road 22 Meeting Minutes City Commission Boynton Beach, Florida August 21,2007 Description: Request for Height Exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Descri ption: CHILDREN'S SERVICES COUNCIL (CDPA 07-002) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for approval of a Community Design Plan Appeal against the requirement for screening of rooftop equipment. D. Project: Agent: Owners: Location: Mayor Taylor presented the request for the Height Exception and explained after the building was constructed, the cooling tower exceeded the height requirements. Attorney Cherof administered the oath to all who would be testifying. Ed Breese, Principal Planner requested hedring the items together. The applicant was present and agreed to the request. Mr. Breese explained the Florida Mechanical Code changed while the building was being constructed and the equipment on the rooftop will not be screened. The equipment grew about four times the size of the original approval because of the Code change. The fans were raised to 53 feet and, therefore, an eight foot six inch height exception is needed. Also, under the Community Design Plan Appeal pending, they are requesting not to have to screen it. If it were screened, it would need a 40 foot by 40 foot enclosure. Instead, they painted the equipment white and the owner liked the look and thought it added a high tech industrial theme in building design. This screen is required for a distance of 600 feet. The nearest residential structures are 725 feet away. Staff believed leaving it unscreened may be less intrusive due to the sheer size and concurred with the appeal request. Staff recommended approval of both requests with the condition the equipment be maintained and in clean appearance at all times. Chris Mitchell, Architect, announced staff did a great job. He wanted to emphasize two things. Because of the Code change on the smoke evacuation system, a hardship was created because they had to provide for the new size of equipment. Additionally, he explained the owner has agreed to maintain and paint the equipment white. Commissioner Weiland asked who would be responsible for ensuring the equipment was maintained on a year-to-year basis. The maintenance of the equipment was included in the conditions of approval. 23 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mayor Taylor opened the public hearing. Hearing none, Mayor Taylor closed the public hearing. Mayor Taylor explained the first motion was to approve the request for height exception of eight feet, six inches above the maximum building height of 45 feet. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that unanimously passed. Mayor Taylor announced the next motion was approval of the Community Design Appeal as requested. Motion Commissioner McCray moved to approve. Commissioner Weiland seconded the motion that unanimously passed. IX. CITY MANAGER'S REPORT: A. Discussion of disposition of Old High School Mayor Taylor announced the recommendation for this item was to postpone it until the Community Redevelopment Agency completed the downtown master planning process. There was consensus the postponement was acceptable. X. FUTURE AGENDA ITEMS: None XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 24 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 1. Proposed Ordinance No. 07-019 RE: Abandonment of an alley between NE 7th Avenue and NE 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions. (ALLEY BElWEEN NE 7th AVENUE/NE 8th AVENUE - ABAN 07-003) Attorney Cherof read the proposed Ordinance. Mayor Taylor opened the issue for public hearing. Victor Norfus explained he owned a lot on Martin Luther King east of that area and there was an alleyway. The City cut it. He wanted to know whether the City would extend closure to other alleyways. He explained there was an alleyway between 10th and 9th Avenue NE. He wanted to know if that would be a consideration for other issues. Mr. Bressner explained they would be handled on a case-by-case basis specific to the area. The matter would have to be researched. It was his understanding they left the unimproved alleyways alone. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Ordinance 07-019. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-022 RE: Amending Section 18-135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. City Attorney Cherof read proposed Ordinance 07- 022 by title only. 25 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Motion Vice Mayor Rodriguez moved to approve Ordinance 07-022. Commissioner Weiland seconded the motion. Mayor Taylor indicated he believed the City Manager provided valuable input and he would hate to see him leave the board, but deferred to his discretion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-023 RE: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. City Attorney Cherof read proposed Ordinance 07- 023 by title only. Motion Vice Mayor Rodriguez moved to approve Ordinance 07-023. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: Mayor Taylor announced there was a request to reconsider the formation of a 501(c)(3) as not-for-profit. Vice Mayor Rodriguez indicated he sent a note to staff to put this back on the agenda and he offered a motion to reconsider it. He thought staff worked hard to develop this 26 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 concept that could only lead to good things for the City especially with the taxing situation and the potential reduction of further taxes. He thought implementation of this idea would provide for the ability to apply for dollars that were not previously applied for and would only benefit the citizens of Boynton Beach. Mayor Taylor explained the last time they asked for reconsideration, the motion failed. He deferred to the Attorney if they could reconsider the issue. Attorney Cherof explained because the motion was framed in the negative, the motion to reconsider was appropriate. Mayor Taylor advised he was in favor of the idea with one caveat, which was staff was going to help get this off the ground. They were going to select the committee and bring it back. He thought to keep it clean, they should not be involved at all and they should not select the people. He thought to just let City staff do the ground work and then whoever was selected and the Steering Committee would go from there. Carisse LeJeune, Assistant to the City Manager, explained they already had it in mind to do that. Commissioner McCray questioned why they were going to bring it back after it had been voted down. Vice Mayor Rodriguez explained he sent an email out last week informing the City Manager and the Commission that he would bring this back for reconsideration. Mr. Bressner thought the email was sent on Thursday. Commissioner McKoy explained he had concerns at the last meeting and thought this item could very easily become criticized with the fact the Commission was involved. He explained the Commission directs the City Manager and he directs the staff. Commissioner Weiland explained he was on vacation when this was heard, and he read the emails and news clipping on his Blackberry. He was surprised it did not pass and thought being able to form a nonprofit to go after dollars was a positive thing. He appreciated the Mayor requesting to clean it up and depoliticize it. He thought it was a plus for the City to go after private dollars for public benefit. He appreciated Commissioner McCray's opinion but thought after the newspaper article, he felt it would be put back on the agenda even if the Vice Mayor had not put it on. Woodrow Hay, explained under the normal course of events for a 501(c)(3), it was just paperwork that needed to be completed. He questioned why the Commission needed to approve it and whether the corporation was independent. 27 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mr. Bressner responded there was significant staff work involved with getting the corporation off the ground and the Articles of Incorporation. The issue would return to the Commission to ensure they could use public resources, to a certain extent, when the 501(c)(3) would be approved. He explained one of the issues the 501(c)(3) organization would be focused on, was the Boundless Playground, which is a City project. He clarified once the funding organization was created and they made the determination of what criteria to use, they become a funding vehicle. They needed to get policy direction as to whether or not this was good community wide and whether or not they authorize their work. Mr. Hay questioned whether the 501(c)(3) would be dissolved if not doing a good job. Mr. Bressner responded they could not dissolve it. Mr. Hay served on the CCC (Concerned Citizens Concerned about our Children), which was a 501(c)(3), as the Vice Chair. Don Fenton, 2556 SW 23rd Drive, announced he was a founding director of the Boynton Beach YMCA, and was recently appointed as the Chairman for the Professional Advisory Board for the YMCA Foundation. He advised that in this country there is a remarkable amount of money raised through the private and not public side for charitable organizations. The mission statement of the 501(c)(3) is to work on the Boundless Park. He asked where the basic funding to hire a skilled leader was and about how would they raise money. He asked if there were any partnership outreach made to other 501(c)(3) areas, where there was skilled leadership in the area. He asked if anyone approached anyone to help run the Boundless Playground. Mr. Fenton viewed this initiative as outreach of big government messing with the private side and he questioned the appropriateness of it. He explained he personally donates money to his favorite charities and would not want to donate a dime to a 501(c)(3) that was run by government for government projects. He explained that was his tax write off and there is a trade off. He asked whether government would reduce his taxes commensurately with his donations and what would Boynton Beach do to enhance that write-off. Mr. Bressner explained the reason for establishing the 501(c)(3) originally by the City was to allow it to compete with funding in areas that the City as a governmental entity cannot compete for. There are many other foundations that, as rule, do not make funding available to government and this would open doors for funding that the City is blocked from. He explained the City can compete for some funding, but those opportunities were few and far between. The corporation would be spun off from the City once the Board of Directors was appointed. The corporation serves as a funding vehicle for the Boundless Playground and maybe others. It would open up a wide variety of activities for the betterment of the community. 28 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mr. Fenton thought the City had the opportunity to raise funds through taxes but thought the City was getting the issues confused. He considered it an invasion of the public sector getting into what was traditionally in the country, a great public enterprise. Vice Mayor Rodriguez explained once established, it was totally independent, and once established, any organization could apply for funds. It was not exclusive and in fact, the City may not get any funds at all. Mr. Bressner explained they were charting new ground. Heb Suss, 1711 Woodfern Drive, explained it was his understanding there was $2.M raised for the Boundless Park. He asked if any monies were taken from the General Fund. Mr. Bressner explained $2.5M was set aside by the City Commission from the Capital Improvement budgets and that was the public investment in that project at this time. The total cost of that project including all phases was anticipated to be $9M and there was a significant funding gap. Mr. Bressner thought they could accomplish more if there were other funding opportunities that were not necessarily tax dollars. Mr. Bressner explained they authorized the planning work and final design on the park facility. There had been limited fund raising activities as far as the contact of potential donors, and they were trying to identify others which would be turned over to the Foundation. Mr. Suss explained he had received some assurances that Commissioner Ensler's name would be part of the park. Mayor Taylor explained that item was not on the agenda. Commissioner McCray inquired when Mr. Bressner was in Tallahassee, whether he was successful in obtaining funding for the measure. Mr. Bressner responded there were no available funds to obtain. Commissioner Weiland seconded the motion. Vice Mayor Rodriguez respectfully requested Commissioner McKoy recuse himself because of his ownership stake in a 501(c)(3) corporation in Boynton Beach that may potentially compete for these dollars in the future with this new organization. Commissioner McCray disagreed with the request. Vote The motion passed 3-2, (Commissioners McKoy and McCray dissenting.) Commissioner Weiland stated if the norm up until this point was the private sector was the entity seeking dollars to be contributed to different organizations, that was great. He thought it was a good idea to step out of the box and be able raise money for the City of Boynton Beach. 29 Meeting Minutes City Commission Boynton Beach, Florida August 21, 2007 Mayor Taylor explained the whole concept was to appoint a board to apply for monies out of reach of the norm. He explained the City may apply for funding and they have some other needs. This would provide an opportunity in the future to have another funding source the people of the City might like to have some day. Commissioner McKoy agreed the City needs organizations and the City needs assistance in seeking funds for projects that will benefit all the residents of the City. He believed in this concept and acknowledged that maybe the concept was something new, but felt the intent of the 501(c)(3) was to be separate and independent from the City and it was very much a part of the City. He indicated he could not support the item. Motion Vice Mayor Rodriguez moved to approve with the adjustment this not come back before Commission and have no involvement in future actions of this 501(c)(3). Commissioner Weiland seconded the motion that passed 3-2, (Commissioners McCray and McKoy dissenting. ) XIV. ADJOURNMENT There being no further matters to come before the Commission, the meeting properly adjourned at 8:54 p.m. ATTEST: cm OF BOY~_"IQN~EACH: ~~2-/ ~ayor Jer aylor ;; - ~e Commissioner - Ron Weiland Commissioner -"" \ \ rJy -:/ // /// ./ ---,," - -::::>- ~ ~ -- ---- ---. . ......,.., _Ii, 1\ l Catherine Cher -Gu er Recording Secretary (Transcribed from one recording) (08-24-07) ..~-_.- COjDmtsslOner - Car .;--- 30 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. Llc:enle Deputy City Clerk PROJECT NAME: Children's Services Council APPLICANT'S AGENT: Christopher H. Miller Architecture 6400 Inc. APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 TYPE OF RELIEF SOUGHT: Request for approval of a Community Design Plan Appeal against the requirement for screening of rooftop equipment LOCATION OF PROPERTY: 2300 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby /GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: B-~4-t)7 m.il S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\CDPA 07-002\DO.doc EXHIBIT "D" Conditions of Approval Project name: Children's Services Council File number: CDPA 07-002 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE n .~ PLANNING AND ZONING Comments: 1. The rooftop equipment shall be maintained free of dirt and rust, in order to X provide a clean, new painted appearance at all times. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\CDPA 07-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Children's Services Council Development paz BuildIng EngineerIng Oec. Llcen" Deputy City Clerk APPLICANT'S AGENT: Christopher H. Miller, Architecture 6400 Inc. APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907 " ~ ~- DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 TYPE OF RELIEF SOUGHT: Request for a height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district, for rooftop equipment. LOCATION OF PROPERTY: 2300 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicaj)! ..tL'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicajlfs application for relief is hereby .L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other B-~4-07 1n. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\HTEX 07-003\DO.doc EXHIBIT "e" Conditions of Approval Project name: Children's Services Council File number: HTEX 07-003 Reference: I DEPARTMENTS [ INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\HTEX 07-003\COA.doc Jonathan Dwork 154 Orange Drive Boynton Beach Florida First, I want to congratulate and commend our Mayor and Vice-Mayor. There were 28 applicants for the appointment to the County Commission. The Governor saw fit to narrow down the field to seven. Two of the seven were Mayor Taylor and Vice-Mayor Rodriguez. I know that there is letdown but not only should the both of you feel proud, the citizens of Boynton Beach should also feel proud that two of our ejected officials were so highly regarded by the Governor of our great State. Kudo's to The Governor for seeing through the absurdity of the unfounded accusations of a developer suffering from tack of performance and sour grapes. Being a long time resident of Boynton Beach I welcome the authorities to looking into the actions of any of the City's boards whether elected, appointed or recently taken over. I know as an informed resident and taxpayer that a majority of this Commission has acted in the best interest of our citizens or tried to but given bad information from people with personal power and profit in mind, have let some real whoppers get away. My concerns are with Mr. McKoy and Mr. McCray. Their statements and votes in support of the previous CRA Board are extremely suspect in my opinion. Why would they continuaHy support keeping a board that wildly overpaid for properties especiafty the one owned by the immediate former head of the board, Mr. Finkiestein and aHowed their staff to also spend lots of taxpayer doUars without proper oversight? Yes, the expenditures may have been legal but were they truly necessary and with merit. I don't believe they were. Maybe Mr. McKoy and Mr. McCray support that kind of behavior because they too like to spend taxpayer dollars traveling aff over. McKoy has spent nearly $40,000 on travel and McCray $8,000 on traveL But guess what feHow taxpayers, they never used their monthly expense checks for any of that. The City shouid be reimbursed. I personally object to having McCray's Community's Association moneys paid by the city. Strange r have to pay mine, guess I never thought to ask the city or Mr McCray to pay my way. Their connections with members of the previous CRA Board demands to be looked into by an outside law enforcement agency. What also should be examined are the connections with the previous CRA Board members and the CDCs. As well as their support of the purchase by the previous CRA Board of the property owned by the previous CRA Board Chair. Why were the two of you so supportive of that purchase? If we had waited for it to go into foreclosure or at least anowed a private entity to purchase the parcels for an amount that wouldn' t have given the previous CRA Board Chair milfions in profit. WHY. I think that's why the developer is going after everyone... The action of the former CRA causing an unfair market... It has been rumored that Mr. McKoy changed his vote on what was to be built across from the Hunter's Run Entrance after his Wife's non-profit, the JTC received a donation from some group from Hunter's Run. This too should be looked into. The JTC has been in need of looking into since both the McKoys were funneling money from that quote charity... Why did Mr. McKoy and Mr. McCray vote against the wishes of over 2000 residents who opposed an unnecessary car wash near their homes? Maybe it was to help the person representing the applicant because they sure didn't help the people. The people whom they always claim to represent m Mr. McCray while on the commission has been through the criminal court system for assault. Numerous times, he has shown his truculent behavior. Fellow Commissioners, former Commissioners, former vice-mayors, the City Manager, the City Attorney, the Fire Chief, the fire department, the police department, as well as many members of staff have been the brunt of his corrosive attacks. I have personally been attacked verbally by both Mr. and Mrs. McKoy. At one time, round trip tickets to China miraculously appeared on Mr. McCray's desk. After a lot of questioning it was found out that, a city employee paid for those tickets. Was there any special treatment provided? Was this perhaps a pagoda payoff? This too should be further investigated by the outside agencies. Mr. McKoy and Mr.McCray continually talk of the ethics of others to reporters; their ethics need to be examined. It would be a nice thing if the city figured it out before higher authorities or the fourth estate wilt.