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Minutes 11-01-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, NOVEMBER 1, 2011 PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Woodrow L Hay, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. CaII to order - Mayor Jose Rodriguez B. Invocation C Pledge of Allegiance to the Flag led by Mayor Rodriguez Mayor Rodriguez called the meeting to order at 6:30 p.m. and welcomed those present. The invocation was given by Mayor Rodriguez followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Consent Agenda Item 6.F for discussion. Commissioner Ross asked to add an item under Legal to discuss the lobbying ordinance and the fines imposed. Consensus There was consensus to allow the item requested. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross and the Interim City Manager had attended the League of Cities luncheon and many State Representatives and Legislators were present. The City of Boynton Beach was recognized for second place in the Read for the Record program and for having the most Commission involvement. Commissioner Ross announced the Greater Boynton Beach Chamber luncheon on November 9 at the Courtyard Marriott with a theme of education focusing on Galaxy Elementary. Representative Lori Berman would be holding a job fair at the Hagen Ranch County Library on November 9 from 9 a.m. to 1 p.m. Vice Mayor Orlove advised the Sand Sifters would be conducting their monthly clean up on November 5th at Oceanfront Park. There would be a collection of non - perishable food and toys for the holidays. The Sister Cities organization would be having a fundraiser event on November 17 at Putt-n- Around in Delray Beach. Commissioner Hay displayed a plaque that was received for the most Commission participation in the Read for the Record program initiated by the Literacy Coalition. He had attended, with the Mayor, the ribbon cutting for the new WalMart on Federal Highway that was beautifully landscaped and the new business afforded many jobs for the citizens Commissioner Hay commented on the ongoing construction of the new Galaxy Elementary School and the inclusion of LEED concepts by recycling the building debris. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of Sunday Funday on Sunday, November 13, 2011 Kathy Biscuiti, Director of Special Events, announced this would be the second Sunday Funday of the season to include a petting zoo, face painting, and crafts for children. The event would be held at the Boynton Marina from 1 p.m. to 4 p.m. B. Announcement of the Downtown Open Market on Sunday, November 20, 2011 November 20 would be the second Downtown Open Market featuring indie crafts, vintage goods and gourmet food trucks. There would be live music. The event would be held on Ocean Avenue in front of the Civic Center and amphitheater. 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 November 1 was also the beginning of the Toys for Tots drive culminating at the Boat Parade on December 9th C. The City Commission will make annual advisory board appointments on December 6, 2011 to fill vacancies and expired terms on all boards except the Pension Boards, Golf Course Advisory Committee, Financial Advisory Committee and Historic Resources Preservation Board. Applications are available on the City's website or through the City Clerk's Office. Mayor Rodriguez announced the upcoming board appointments. He urged the current board members with expiring terms to reapply and encouraged new participants to apply and support the community. D. Presentation of Citation to Mr. Tom Kaiser for his dedication and service to the Veterans and Citizens of Boynton Beach. Mayor Rodriguez read the Citation recognizing Tom Kaiser for his volunteer work with the veterans and continued participation on the Veterans Advisory Commission for the City of Boynton Beach. Mr. Kaiser thanked his fellow veterans, the City and Commission for their support. Commissioner Hay commended Mr. Kaiser for his dedication to the veterans and was proud to have him in the City of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ken Nichols, Boy Scout Chairman for Post 164, American Legion in Boynton and Boy Scout Chairman for the 11 District and the upcoming 2012 Boy Scout Camporee, lived in Boynton Beach and was present with some members of the Boy Scout Troop from Post 164. Mr. Kaiser was very involved with the Boy Scouts, 11 District and Forty and Eight as the Information Officer. He thanked the Commission for the support of the veterans and the Memorial Park. Victoria Castello, 406 S. Seacrest Boulevard, referred to an article in the Sun - Sentinel relating to the creation of a parking lot in the proposed Quantum Park. The article expressed concern with the public property being given to a private entity and the type of business and workers that would be present in the area. John McGovern, 2620 Spiceberry Lane, encouraged the Commission to get involved in the issue of redistricting lines for the school district. The schools of Boynton Beach fall within two school zones and Mr McGovern proposed any middle school that feeds Boynton Beach High School should be in District 4 to eliminate the long established 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 practice of minority districting. The compromise should be made in the interest of education. He urged the Commission to further research the issue and take action. Don Scantlan, 13 Cedar Circle, Chair of the Financial Advisory Committee, announced there would be two openings on the Committee and he urged interested parties to apply as soon as possible. Mr. Scantlan countered Ms. Castello's remarks that there were misunderstandings regarding the parking lot proposed for Quantum Park. According to the Master Plan, a portion of the same area had previously been designated as a parking lot. Mike Wood, 803 NW 11 Street, brought further information relating to the parking of large trucks in residential areas. He was having a difficult time changing vehicles daily due to the current restriction on large trucks. He submitted signatures of 250 residents who agreed to allow trucks over one ton to be parked in the residential neighborhood, as long as driving ability was not hindered, or blocking sidewalks, or the line of sight. Photos were included in the packet. Andrew Calloway, 1201 NW 7 Court, Laurel Hills, did not agree with the change in Commission Districts from 4 to 2, for the Laurel Hills and Skylake communities. He recalled several District 2 residents did not want a police station on Seacrest Boulevard and he asserted the residents of Laurel Hills and Skylake would welcome more police presence in their area. His preference was for Laurel Hills and Skylake to remain in District 2. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Holzman moved to table. Commissioner Hay seconded the motion. Vote The motion passed unanimously. B. Accept the resignation of Leah Foertsch, a regular member of the Planning and Development Board Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the twelve (12) month period ended September 30, 2011. B. PROPOSED RESOLUTION NO. R11 -116 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. C. PROPOSED RESOLUTION NO. R11 -117 - Approve piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid polyphosphate at the estimated annual expenditure of $50,000 D. PROPOSED RESOLUTION NO. R11 -118 - Approve "piggyback" of the City of Pompano's Bid H -12 -11 with Nalco Company with the same terms, conditions, specifications and pricing for the purchase of anti - scalant (PC- 1850T) and control its dosage for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $50,000 E. PROPOSED RESOLUTION NO. R11 -119 - Approve an agreement with Florida Atlantic University Board of Trustees for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052 - 2410- 11 /CJD in the amount of $27,000 F. PROPOSED RESOLUTION NO. R11 -120 - (1) Approve the Agreement between the City of Boynton Beach and Dale Carlson Marketing & Communications Services in the amount of $9,750 to facilitate the development of a Brand Promise for the City of Boynton Beach and (2) authorize the Interim City Manager to execute the Agreement. 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Commissioner Holzman had pulled this item for discussion. Mayor Rodriguez contended there had been miscommunications regarding the branding. He requested Dale Carlson give an overview of her experience before further discussion. Dale Carlson, of Dale Carlson's Marketing and Communications Services, started her business in 1988, after working for the Breakers for five years. Her clients have included the Palm Beach County Convention and Visitors Bureau for a variety of projects since 2007. The services she performed included assistance with public relations, facilitating the 2008 tourism summit, assisting with further transition within the Bureau and then the brand assessment completed in April 2010. Vice Mayor Orlove inquired if the five page resume submitted was factual and accurate and Ms. Carlson confirmed it was accurate. Commissioner Holzman understood the campaign would contain many phases or parts. Carisse LeJeune, Interim Assistant City Manager, agreed and explained the brand promise was the first segment. The brand blueprint would be the action plan and the brand culturalization being the last segment. Ms. Carlson would be facilitating the brand promise. Ms. LaVerriere added the contract is for approximately 120 days with an aggressive schedule to develop the stakeholders committee, brand promise and assessment. Other vendors would be sought for the next areas depending on the available funding. Commissioner Holzman wanted to know the cost of the next two steps following the initial $10,000 investment and the source of future funding. Ms. LaVerriere advised it would be at the discretion of the Commission and hard pricing for those aspects had not been ascertained. Staff would be utilized as much as possible for the blueprint segment. Additional funding may be sought during the next fiscal year. Commissioner Holzman inquired if a price point for the entire program had been determined. Ms. LaVerriere estimated the cost to be under $50,000 depending on the collateral and market materials to be used. The artwork would cost approximately $10,000 and the marketing would consume the reminder of the funding and could be deflated or inflated. Commissioner Holzman contended there should be a business plan that included knowing how much would be spent, what would be done and a timeline. His opinion was to wait until more definitive details had been determined before moving forward, and develop a business plan to be successful. Mayor Rodriguez inquired if Ms. Carlson's input would develop such a business plan. Ms. LaVerriere advised the plan had already been done and how to move ahead. The idea was to reach out by partnering with other organizations and use economies of scale to save money. There is not a large budget available. The blueprint and graphics could be achieved during the current fiscal year until the next fiscal year and budgeting for the collateral and roll out of the program Vice Mayor Orlove, having experience in the marketing field, felt the total allotment for the plan could be high. It could be done for less and still have a quality product. The 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 first request would be laying the groundwork for branding. He applauded staff for this work and offered the City had talented staff that could move the process forward after the brand promise was established. Commissioner Hay agreed with Vice Mayor Orlove and that the money would be well spent. Ms. Carlson was extremely qualified and Commissioner Hay opined the request and concept should be continued. Commissioner Ross stressed branding was critical and the most successful projects and products were branded. In her experience, total cost could be less than expected. Motion Commissioner Ross moved to approve Resolution R11 -120. Commissioner Hay seconded the motion. Vote The motion passed 4 -1 (Commissioner Holzman dissenting). G. Approve payment to IBI Group, Inc. in the amount of $26,831 for Bid Assistance and Construction Services. H. Approve the minutes from the City Commission regular meeting held on October 18, 2011 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid with the Palm Beach County Co- operative Purchasing Council for Chemicals and Fertilizers to various vendors listed below, as the lowest, most responsive, and responsible bidders to meet all specifications. The anticipated annual expenditure is $108,181.00. The City of Delray Beach complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 B. Approve changes of the Annual Bid for Landscape Maintenance, original Bid #054 - 2730- 08 /JA, to redistribute maintenance locations and tasks to second lowest bidders. Tabled 10/04/11 & 10/18/11 Motion Commissioner Hay moved to remove from the table. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT A. Discuss the report on the Utilities Capital Improvement Program (CIP) funding. Kofi Boateng, Utilities Director, explained Utilities is an enterprise fund and does not depend on property taxes, but rather user fees. There has to be sufficient user fees to cover the full cost of operation and maintain the infrastructure. Utility operations are asset intensive, heavily regulated and affect public health The purpose of the Capital Improvement Program was to renew and upgrade the infrastructure for the customers and protect public health. It is composed of three funds; 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 403, 404 and 406, each with different revenue sources and projects. Fund 403 is funded from user fees, net of operating expenses. Fund 404 receives revenue from impact fees for new development. Fund 406 is comprised of proceeds from bond issues. Fund 403 supports capital replacement and repair projects. Fund 404 adds capacity to the system and Fund 406 supports critical projects not covered by the other funds. The fund balance for Fund 403 is -$1.8 million, 404 has $17 million, for a total of $15 million. The next five years there would be anticipated expenditures of $19 million from Fund 403 and $8.5 million for projects to add capacity and borrow $43.5 million to support critical projects. The total expenditure for the five year period would be $71 million. Approximately 80% of which is actually spent due to market conditions and changes in the scope of projects as they progress to completion. Any balances in the budgeted amounts are returned to the Fund balance from which they came. B. Information regarding the police department's hiring and training policies provided at the request of Mayor Rodriguez. No action required. Mayor Rodriguez noted the Police Department had been faced with some challenges with officers who had stepped off the line and felt the Police Chief and staff acted quickly to address the issues and bring the individuals to justice. However, there needed to be an understanding what was being done to prevent any further problems and process and procedures that need to be implemented to achieve that goal. Chief Immler explained the issues had been addressed within the Department at the beginning of the year. The arrests happened well after the investigations The investigations had been sent to the State Attorney's office who took some time to file the cases. The situations were discussed individually with the officers, in training sessions and with the command staff. It is part of an evaluation process to validate what had been done. Supervisory staff was able to discover the misconduct and bring it before the Professional Standards Unit for investigation. Disciplinary action in the Police Department is ongoing and almost always minor. Falsifying records went well beyond a disciplinary problem and usurped the entire criminal justice system. The officers had to be fired and prosecuted. Mayor Rodriguez asked if there was anything that could be tweaked or modified so the number of incidents would not happen in the future. Chief Immler noted the entire situation was a deterrent and reminder that this type of behavior would be dealt with swiftly and harshly, which in itself prevents the behavior from happening again. According to Chief Immler enhancing the hiring process was a more complex situation. The hiring process is set by State Statute and Florida Administration Code and Regulations of the Department of Justice and Florida Department of Law Enforcement. The Boynton Beach process goes beyond those requirements with a thorough psychological evaluation for two days, a truth detection process, interviews, and 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 extensive background investigations. Greater candidate requirements could be established in the areas of age and education that ultimately require a higher starting pay level Chief Imm ler cautioned there are pros and cons to initiating higher education requirements. Mayor Rodriguez agreed that increasing the requirements for the police officers may be necessary to obtain the level of officers needed in Boynton Beach. He questioned if there were other comprehensive changes that could be evaluated for the future. Commissioner Holzman felt the education requirements should definitely be considered to raise the standards and require some higher education for police officers to hire those displaying some type of maturity, determination to better their selves and lessen the likelihood of misconduct. Chief Imm ler agreed the education element would be indicative of an individual's drive and determination to succeed. A challenge had always been to hire good Black and Hispanic candidates and strides had been made in that arena. Experience has proven the education requirement does adversely impact those minorities, making it more difficult. In the past, getting college students interested in any type of law enforcement career had been difficult. Commissioner Holzman felt times had changed and Mayor Rodriguez could not accept educated minorities were scarce since they are now at an all time high level. Chief lmmler admitted only one of the four officers arrested was a minority. Mayor Rodriguez noted the community expects a certain level of performance no matter what their ethnicity may be. Chief lmmler countered the issue was the pool of candidates reduces and good candidates, who do not have an education, can be missed. It is also a concern for the Courts. He reiterated that the requirement for education does have some significant drawbacks. Vice Mayor Orlove established the current standards are 19 years old and a high school education. He inquired about the pay difference for those cities with the educational requirement and Chief Imm ler replied the starting salaries are higher. Vice Mayor Orlove wanted to see the comparisons and dollar figures before any decision would be made. Mayor Rodriguez agreed there needed to be a comprehensive evaluation and recommendation including the reduction of administrative staff and the impact of reduced oversight by supervisors. Ms. LaVerriere recognized it had been a difficult situation and she viewed the positive opportunity to improve an outstanding Police Department with continued evaluation of the processes and procedures on a more intensive or independent basis. A study was done in 2006 by the Police Executive Research Firm. It was one resource, along with the Human Resource Department and administrative staff within the City as well as resources within professional organizations. 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Commissioner Ross asked if the loss of administrative employees over the last few years had impacted the supervision level. Chief Immler advised the reduction of 21 civilian employees was the result of budget cuts. It does seriously affect the administrative processes and many are regulatory in nature. There is an increased burden on sworn staff to complete and supervise the processes. The 2006 study revealed the Department had a very lean command staff with only three commanders, a chief and two majors. The Lieutenants and Sergeants are required to do many jobs normally assigned to commanders in addition to street supervisory duties. Consensus There was consensus the Interim City Manager would do a proposal for a comprehensive review to be returned to the Commission. Commissioner Hay did want to see improvements in the police force. The education level of the four officers involved was all four had a high school education and two were enrolled in college courses at the time, according to Officer Cedric Aikens. Commissioner Hay did not feel higher education would necessarily guarantee better officers. It may enhance their abilities; however, their attitude would be more important. The negative publicity should be viewed as a positive. The fact the Department is getting rid of those bad officers shows the system is functioning and valid. The City has had a reduction in crime and the City is a leader in fighting crime. Commissioner Hay agreed with an in depth study to see if improvements could be made. He was satisfied with the procedures being used and expertise of the officers that had been demonstrated in the past. Mayor Rodriguez agreed Boynton Beach had an excellent department, but improvements can always be made and he looked forward to further evaluation and recommendations from staff. Ms. LaVerriere added re- evaluation in all departments is needed and employees have been fired across the board, but those do not make the news. It happens and the City continues to look at the processes in place to remain outstanding. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 A. PROPOSED ORDINANCE NO. 11 -030 - FIRST READING - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners Attorney Cherof read Proposed Ordinance No. 11 -030 by title only, on first reading. • Mike Rumpf, Director of Planning and Zoning, gave a brief overview of the history of the issues surrounding the use of feather banners. The current and proposed type of banners were displayed for comparison. The location of the banners is the same as the fixed sign setback and has been applied to the static banners. They cannot be forward of the landscape buffer, but behind the hedge row and cannot be attached to plants. The amendments would define the type of banners and synonymous names with a maximum height of ten feet six inches and maximum width of 30 inches. There would be a ten foot setback minimum, contingent on the landscape buffer itself. The intensity or density would be one to 300 feet. A distance separation could be included. It was recommended the banners not be clustered. The display time period was suggested to be 90 days or less. The amendment is for 90 consecutive days in a given year. The cumulative period would be more staff intensive monitoring situation. It was suggested the amendment be given a one -year trial period. The application, process and the fee are generally the same as the static banner. Frontage requirements would have to be provided along with a site plan or plot plan to be recorded for monitoring. Banners within five feet of a structure would not be subject to the density restriction. A deposit would be required so the applicant would be mindful of the expiration period for removal. Commissioner Holzman interjected it appeared to be an administrative nightmare both on the drafting, monitoring and enforcement. There were so many issues. The signs already existed in the City and were in violation of the current ordinance. He questioned the probative value of amending the ordinance in a way that is cumbersome and unable to be enforced. Commissioner Hay had knowledge that Code Enforcement was working within the Police Department and there was software available that would enhance tracking any violations. Ms. LaVerriere advised it was the case management software and Code Enforcement was following the same process as uniformed officers for case creation and management. She agreed it would be administratively intense. Commissioner Hay contended, with the current economic climate, the City should be assisting vendors and entrepreneurs to help in making them successful. Many vendors have indicated their revenues drop when the banners are not used. There should be a compromise to be more helpful to the businesses. He did not want the concept to be rejected by making it more intensive than was necessary. 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Mayor Rodriguez related the Congress Avenue corridor had a significant amount of signage. He did see a use of the signs downtown where economic development was being proposed. He could not see the need for the regulations City -wide. The oversight and administrative work would be overwhelming. The economic impact would be minimal. Commissioner Ross stressed there were businesses along the Congress Avenue corridor that were struggling and needed help. Vice Mayor Orlove recalled there was an intention to limit the number of banners displayed. Enforcing the current regulations had been problematic. A compromise would be optimal if the ability to administer the regulations could be done efficiently and effectively. He confirmed there were many signs along the Congress Avenue corridor, yet every business wanted to be seen and recognized. Vice Mayor Orlove suggested the matter be tabled until there can be resolution of the administrative aspects. The current regulations and applications received had been manageable with only nine or ten permits requested over the last six months. Commissioner Hay pointed out if the regulations were enacted on a temporary basis, he did not envision the problems that were being anticipated. Motion Vice Mayor Orlove moved to table and direct staff to return with information regarding administration of the program and to do a survey of those banners that now exist to give a better understanding of the problem. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. There was clarification that the survey include only the current feather banners being displayed. Mr. Rumpf advised the average of those existing banners exceeded the ten - foot height limit. B. PROPOSED RESOLUTION NO. R11 -121 - Confirm via resolution single community redevelopment area operational boundaries for transmission to Palm Beach County Property Appraiser. Barry Atwood, Director of Finance, reported the State had implemented an online method of calculating the value of property within the Community Redevelopment Agency (CRA) district. The City had added properties over the years on seven occasions that was not being treated as one district. The State viewed the areas as seven separate districts. The proposed resolution would correct the area to be one CRA district. 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment and no on came forward. Vote The motion passed unanimously C. Discussion of lobbying ordinance and fines imposed. Commissioner Ross wanted to discuss if the Commission could rescind the fines. Attorney Cherof responded there was no provision in the ordinance that would allow the Commission to be involved in the process after the investigation was completed. The steps after the investigation are the right of the individual to appeal and a third party determination on the merits of the appeals. Commissioner Ross stated for the record, "it was a shame those four individuals have to pay that fine." Mayor Rodriguez reiterated the Commission had no authority at this time. Ms. LaVerriere advised the ordinance, as amended, took the City Manager out of the investigation portion, taking it to the Commission on Ethics. 14. FUTURE AGENDA ITEMS A. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City - 11/15/11 B. Review process and timeline for the sale of City owned real property - three sites - 11/15/11 C. Commission appointed five - member review committee recommendation on the renaming of Veterans' Bicentennial Park. 12/6/11 D. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:28 p.m. 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 CITY OF BOYNTON BEACH Jos Rod i s ayor / 4,1// illiam * love, Vice Mayor Woo ay, Commis 'off ATTEST: S n of , Com# ' sinner ' m ./ � - Ja et M. Prainito, MMC Marlene Ross, Commissioner -I Clerk dA(. dith A. Pyle, CM eputy City Cler 15 2nd Annual Craft & Sale Featuring The Great American Bake off Saturday, January 21, 2012 Craft Vendors Featuring Jewelry, 11 a.m. -4 p.m. Handmade Items and Unique Gifts! Civic Center Vendor Space Available! 128 E. Ocean Avenue Only $10 Per Table! Call 561- 742 -6243 for Information! FREE EVENT! Only $5 to Enter Your Pie or Cake *! Hosted by the *$5 Per entry City of Boynton Beach $100 Prize for Best of Show in the Recreation and Parks Cake and Pie Categories! Department in Conjunction with Bakers Information, Cali 561 - 734 -9128 Sand Sifters beach cleanup Or Email therecipeexchange @comcast.net a volunteer organization, and Publix Supermarkets Free Samples Provided by Publix Supermarkets! We Make Win FREE Pies Every Half Hour! gra Life Fun!! Publi X. The Green Market Cafe � M PP G: aPLEa R , Will Be Selling Hot Dogs, Chips and Soda . Official Rules: Entry Form 1. Contest is open to individuals The Great American Bake off 16 & older or groups working a team. Name: 2. Recipe MUST accompany the Address: entry on a 4x6 card. City: 3. Pies must be made from State: Zip: scratch - no store bought Phone #: pies! Email: 4. If pie plate is non - disposable, Name of Entry : it must be clearly marked. Judging of Pies & Cakes: 1. Completed entry form and Entry Category (please check one): check payable to the City of pie(s): Boynton Beach must be O Apple O Cream submitted by January 16. 2. Pies & Cakes must be 0 Nut 0 Pumpkin /Sweet Potato delivered between 11 a.m. - 0 Citrus 0 Fruit /Berry 12 p.m. at the Civic Center. 0 Other 3. Judging will begin at 1 p.m. Cake(s): and winners will be 0 Layer 0 Coffee Cake /Quick Bread announced around 3 p.m. 0 Cupcake 0 Cheesecake O Other Return completed entry form and check or money order by mail to: Signature: City of Boynton Beach Date: Recreation & Parks Department ATTN: Janice Phillips, Civic Center 100 E Boynton Beach Boulevard Boynton Beach, FL 33425 Or in person: Civic Center 128 E Ocean Avenue Boynton Beach, FL (561) 742 -6243 . Xor B e° Q SAND SIFTERS if, 6 -° T HARVEST • BEACH CLEANUP Dur ?e Saturday November 5, 2011, 8:00 -10:15 a.m. Oceanfront Park 4 . +t, 6415 N. Ocean Blvd.(A1A), Ocean Ridge, FL. , a Just North of the Ocean Avenue Bridge k , Meet at the Pavilion in the Lower Parking Lot 1 w i You Bring: Hat, Sun Screen & Water We Provide: Gloves, Bags & Grabbers IL I ' Community Service Hours Available l - ( Harvest Beach Cleanup Join the Sand Sifters Volunteers, City of Boynton Beach tiK � Recreation & Parks Staff & Friends for a Beach Cleanup & Activities with a Harvest Twist! Food & Toy Drive Activities: Wish List: Sand Sifters Monthly Beach Cleanup Non - Perishable Foods Publix Supermarkets - Turkey Dinner Gift Card Drawing Peanut Butter Food & Toy Drive Benefitting the Community Caring Center of Boynton Beach Jelly Manatee Awareness - Palm Beach Co. Environmental Resource Management Pasta Cereal Kid's Fall Football Classic - City of Boynton Beach Rice Solid Waste Authority - Community Services & Recycling Information Canned Vegetables Green Market Cafe - Free Florida Tropical Harvest Smoothies Cranberry Sauce Nature Walk - Tom Mahady, Ocean Rescue Chief Apple Sauce Sand Sifters Commemorative T- Shirts...Just $5.00 ! Stuffing Mix Pumpkin Pie Mix "*< ® = Plenty of Pumpkins, Cider & Apples! l'. ‘ We Make Gravy Mix Cornbread Mix Li Fun!! Call 734 -9128 or New Toys Bo b, email therecipeexchange @comcast.net Recreation and Paths Department Thanks to Our Sponsors: Sand Sifters City of Boynton Beach Recreation & Parks Department Palm Beach County Board of County Commissioners Palm Beach County Parks & Recreation Department Palm Beach County Environmental Resources Management Town of Ocean Ridge Solid Waste Authority of Palm Beach County Dave Wagner, Realtor Coldwell Banker (561)329 -6796 RecipeExchange.com Green Market Cafe Contents of folder 1. Over 250 signatures' signing a petition after they saw the truck on the driveway. 2. Skylake's current bi -laws regarding size and weight of a vehicle. 3. Pictures and More!!! i \ N.' -,� tos 7 ibil T1 t'''N rf) ic- - r, 7\ .. pi, - ...1. fa / r;" \ _i ,,,), , MI , .. 1 --. ,„ , J., s •1 0 �7 U 0,� Q, • CO C f °`) Ns 3 J � ''- '3 ) ...„2,..._ )) ' V . '') i (2- r 41w S 13 ,- E • i '. 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E , 8 .-...... , ■___. __.__, 3 %-, Ns --, r) ...< ) . - r- . --' (,,---. 0 \ _-- .,:-',„,, , A r * f ,., tNi \: U - t _ „ , i li Z--:- --- \ _...,. , i ...__ • 1 (-* c::;- V (-- ('-- N.,--- • J •■ •• \ \ ,\,,,'‘). , ''-i•l• ‘.), c.. ...... ‘ \‘ Li „_,,, ‘,--; ---._ '• "--:-? ,S --- r \ -..=, - Cl- C. - : ■ - i _ ; \-., :l ) __---, -----_, ._...- --‘- 3 _.... , ,,c-- a . •-) 1 p e ' ''''.. 7.. ^ ........"' .2•.. I / . To whom it may Concern, I feel that Mike Wood's Pick -up truck is not an eyesore but in fact is very appealing. It was approved 4 years ago by our board in the Skylake Community . I do not feel he needs to move it now. Please allow Mike Wood to have his truck at his residence as he has been for the past 4 years. Thank you, ( 7242-;,t, DJ . Name / lfre Your Address 3 0 ›'it 3 �, 33r�� To whom it may Concern, I feel that Mike Wood's Pick -up truck is not an eyesore but in fact is very appealing. It was approved 4 years ago by our board in the Skylake Community . I do not feel he needs to move it now. Please allow Mike Wood to have his truck at his residence as he has been for the past 4 years. Thank you, a Name Your Address {A c)( ino-de_A-VL- a }L \ \-- 1 c . 5 6 ( - - 1D-1- 5G1y" Saturday, April 2, 2011 To Whom It May Concern: I'm writing this letter on behalf of my family's friends and neighbors, Mike and Jana Wood. They have been brought to the Boynton Beach Code Enforcement regarding Mike's truck being parked at his house. As a resident of Sky Lake, the community in which the truck is located, we are opposed to this judgment. My husband and I spent 2 years researching communities in Boynton Beach to raise our children. Sky Lake was by far our first choice because of the people that lived there. What makes Sky Lake so special is that despite it not being a gated community with guards, management companies and high HOA fees, the homes and yards are very well kept and children can play in their yards and at the park without the typical fears associated with communities that are not gated. You might ask what this has to do with Mike's truck and I'll tell you. The truck, although larger than most is in no way an obstruction to this wonderful community. It is always parked in the Woods' driveway, never on the road. It is not an obstruction to passing cars or kid's playing. One of the reasons we choice Sky Lake was that it was a working class neighborhood with working class people. We didn't want to be in a gated community because of the restrictions that are associated with them. A perk of Sky Lake was that we didn't have those restrictions and as long as neighbors were respectful of each others property's and respectful of their community, they should be allowed the benefit of having working vehicles, boats, RV's, trailers, buggies, golf carts and any other vehicle parked on their personal property. Sky Lake is one of the last rare family communities where everyone knows each other. When a neighbor needs help, whether it is fixing their car, mowing each other's lawns and babysitting each other's children, everyone helps. Where on the holiday's everyone from the neighborhood opens their homes to each other, families walk the streets and k ids . can run and play in the roads. Mike and Jana are those types of neighbors. What's going to be next? We can't choose the color of our homes, we can't plant the plants we want to or the pets we choose to have. That's not what Sky Lake is about. That's not why we all have chosen to live in Sky Lake. There will always be people who are not happy and will complain about every little detail, but if you ask the majority, these are the reasons we love to live here for the freedom of driving the vehicles we choose to drive. I ask that you please do not restrict how we live, as Sky Lake does not have a restriction on the vehicles we keep. And all we ask as a community is that the City of Boynton not enforce rules on us that our own association does not have. Sincerely, The Barie Family Brian, Beth, Joey and Mike. To whom it may Concern, I feel that Mike Wood's Pick -up truck is not an eyesore but in fact is very appealing. It was approved 4 years ago by our board in the Skylake Community . I do not feel he needs to move it now Please allow Mike Wood to have his truck at his residence as he has been for the past 4 years. 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L L t t t L t L L .c .c t .c t N s M M M co S .- co M M M M M M M M M M M M r M M r 0 U Z z z z z Z z z z z �{ z z z z z z z z Z Z z 0) VI CO O CO v v O V O v 10 0 ii co 0 m CO O 1- n n O h ) O N N N N N N N N N N N N N N N N N N N N N N M T/416 iS r(loci< 1,,a0ks A/1 -nisi 114 44) 1 osr" ?iww u.S A ga L -OlivE rr ,+,w. cft &,- fs c:.i- 5 /mob :4 / ss v‹. AND iS Nor F41 gZ•k • Qo ct or- Apt S Lot hgVere___ P-oi AWtoa-- /93 vMro, i- t-- 3 Ru i(1 - 8001 -- _ r° / ; \ jC'- ti n 14 Ye of cd/ r ow l 112. Eoi e)).1 FL • 3 z 6 5-1 50ke A.( Ccbte,Det �Q 9toL1 c brad IJOf in 4-he ‘,06 or , '7 Inox rc) (1e 9 k Y r f cc . _ /8131 r 5 - i-T-uc_ t< 15 GMn11003\/ (At N to / MaC 11 1, 6 ( : 6, j � 1 ��q -97 (4- q X6 /3f. A #4,ett f� J4l--5 - 0 -43 I 1`* i '' 01( ,CK` ob r * �~� c ( -15 /1.zio AlavV Amendment Rule and Regulation 23 23. Only cars, vans, trucks (with maximum of one and one half (1 ton hauling weight, not to be construed with towing weight), motorcycles, campers, motor homes which do not exceed thirty five (35) feet in length and eight (8) feet in width (Boynton Beach City Ordinance, Sec. 20 -3 (Ord. No. 78 -2, § 3, 2- 7 -78)), jet skis, golf carts, dirt bikes, mopeds, boats on trailers, trailers and ATV's (as defined below), being properly registered, licensed and operable, may be parked at the property of the Sky Lake Property Owner. Campers, motor homes which do not exceed thirty five (35) feet in length and eight (8) feet in width (Boynton Beach City Ordinance, Sec. 20 -3 (Ord. No. 78 -2, § 3, 2- 7 -78)), jet skis, golf carts, dirt bikes, mopeds, boats on trailers, trailers and ATV's shall be either: (a.) Placed on a full slab at either side of the Property Owner's house and shall not protrude past the front roof comer overhang of the house or rear roof comer overhang of the house Or (b.) If not on a full concrete slab, shall be parked on either side yard of the Property Owner's house and shall not protrude past the front roof comer overhang of the house or rear roof comer overhang of the house and must be shielded from view on all sides (other than that side which is against the Property Owner's house) by an approved six (6) foot privacy fence, hedge or landscaping deemed acceptable by the Sky Lake Property Owners Association Board of Directors. The hedge or landscaping must be at least three (3) feet in height at time of planting. The privacy fence, hedge or landscaping must be aesthetically pleasing to the neighbors as well as the community. The front view must be shielded from view by an approved six (6) foot in height privacy fence gate. Parking of automobiles (including cars, vans, trucks (with maximum of one and one half (11/2) ton hauling weight, not to be construed with towing weight) and motorcycles, being properly licensed and operable, will be permitted in the garage, driveway and swale of the Subject Property. Commercial automobiles including cars, vans, trucks (with a maximum of one (1) ton hauling weight, not to be construed with towing weight.), being properly licensed and operable will be permitted to park in the garage and driveway of the Subject Property but not in the swale area of the Subject Property. No more than two (2) recreational vehicles can be parked at the Property Owner's residence. (City Ordinance) No more than one (1) motor home may be parked at the Property Owner's residence. (City Ordinance) Lake P.O.A. Special Board Meeting Minutes Monday, July 27, 2009, 6:30 PM Sky Lake Park Call to Order :Mike Floyd called to order a special meeting of the Sky Lake POA at 6:40 PM on July 27, 2009. 11. Roll Call: The following were present: Mike Floyd, John Cooper, Anastasia Chandler, Kristin Crounaur, Olivia Wasko, Jason Weinrich. 111. Special Business: a. Issue #1: This meeting was convened to discuss proper /improper protocol in discussing information shared at a board meeting with residents who did not attend meeting, and conduct during meetings in relation to personal issues. Mike expressed his concern that a resident had been led to believe Mike cohersed board members into a vote. Olivia stated that she had had a conversation with Krista Weinrich. Krista had called Olivia after the July 21 meeting to find out what was discussed. Olivia stated that she had told Krista about the meeting's agenda items, in particular the motion to amend the Rule and Reg conceming ATVs and RVs, and had mentioned that she, along with other member felt pressured to vote when not quite prepared to do so. All other board members shared their opinions on this matter. The board took no formal action after this discussion in regards to protocol. b. Issue #2: The previous discussion led to a board decision to re -vote, to happen at the next regular board meeting, on the approved amendment to the rule #24. We also voted and agreed to not include the revision in the next newsletter. C. Issue #3. John read the declaration pertaining to storage of recreational vehicles and brought to the boards attention that we all needed to be in compliance with all rules and regs in order to be able to enforce these rules with the rest of the homeowners. Olivia agreed to write a letter to the board explaining the work they were planning to do to, and a timeline for the work, in order to be in compliance with the declaration mentioned. IV. Open Forum (Items not on agenda) Mike Wood stopped in to ask if his truck would still be in compliance with proposed amendments. Jason Weinrich asked the same about his RV. V. Closing Comments/ Calendar date for next meeting: `for complete minutes please refer to the electronic recording made during this meeting. VI. Call for motion to adjourn VII. Mike Floyd Adjoumed the meeting at PM. Minutes submitted by: Anastasia Chandler approved: • .74 ° •