Minutes 01-08-02MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR
MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON
BEACH, FLORIDA, ON TUESDAY, JANUARY 8, 2002 AT 6:30 P.M.
Present
Larry Finkelstein; Chairma~
Jea~ ne HeavilJn, Vice Chair
Josh Aguila
Alexander DeMarco
Don Fenton
Absent
Quintus Green, Director of
Development/CRA
Lindsey Payne. Board Attorney
Mike Rumpf,.Planning_& Zoning Director
Lusia Galav, Principal Planner
Eric Johnson, Planner
Michelle Hoyland
Henderson Tillman
I. Call to Order
Chairman Finkelstein called the meeting to order at 6:30 p.m.
II. Roll Call
The Recording Secretary called the roll and a quorum was declared present.
III. Agenda Approval:
A. Additions, Deletions, Corrections
Chairman Finkelstein noted that a request to postpone Item VIII.A. (Definition of
Height/Height Exception) has been received.
B. Adoption
Motion
Mr. DeMarco moved to approve the agenda. The motion was seconded by Mr.
Aguila and unanimously carried.
IV. Approval of Minutes - Regular Meeting. December 11, 2001
Motion
Mr. DeMarco moved to approve the minutes. Motion seconded by Mr. Aguila
and u~na~ ~mou sly carried.
Meeting MinUtes C~
Common ty Redevel0~ment Agency
January 8, 2002
1. December 2001 Financial Statement
Members were referred to [he Financial Statement for December 2001 in their
packets. Mr. Greene reported that the ending balance for December 31, 2001
was $4,933.623.- This includes $945.684 ih TIF revenues from the .City and
County. The back-up shows how those funds were calculated.;
Chairman'~i~t~elsteln ~ske~ wh~t the interest income for the 'equity ,account"
applied ~d~"'~;;~ G?er~S.u~~e~ ~[ha~ he speak with Finance to dete~i'~e::~is.
Chairman Finkelstein que_s, tioned why the interest amount was Iow. Mr.-Greene
pointed out that December S interest had not been posted.
Chairman Finkelstein inquired what "Other Contractual Services" of $1,125 was
attributable to. Mr. Greene will check on this.
Chairman Finkelstein asked why the legal fees rose to $2.700. Mr. Greene
stated the increase was due to the billing cycle.
Mr. Aguila noted that the interest income on the 1'equity account" is interest
earned on cash in the bank for the entire City. The interest is then prorated for
each fund.
2. Property Acquisition - The Urban Group (Jim Nardi)
Mr. Greene referred the Board to the price proposal in their packet from The
Urban Group, which was requested at the last meeting.
Chairman Finkelstein acknowledged Commissioner Mack McCray and Assistant
City Manager Dale Sugerman who were in the audience.
Mr. Nardi gave a bdef presentation of their price proposal. The Urban Group has
put together some milestones in the acquisition process. If they do not reach a
certain point in an acquisition, or if the seller is unwilling to sell, there would be a
fiat fee.
Five tasks have been identified in the acquisition process, which are set out on
the price proposal. The fee is based on hours worked at the hourly rates
presented at the previous board meeting. Six ownerships have been identified,
as opposed to sites. The not-to-exceed fee is $25,494.56.
Chairman Finkelstein inquired if negotiations reached the task 2 stage, which is
the unwilling seller stage, would the maximum fee be $1,700. Mr. Nardi
confirmed this was correct.
Meeting Minutes ~
Community Redeve,,=¢ment Agency
Boynton Beach, FL
January 8,2002
If property management (task 5) were not required, there would be no fee,
Mr. Greene said that the Board is being asked to authorize The Urban Group to
proceed with the property acqu sitions that have been identified up to a maximum
amount not to exceed $25,000.
Motion
Mr, Fenton moved to authorize th, e Urban Group to proceed with the property
acquisitions that have been identified up to a maximum amount not to ex~;eed
$25,000, Motion seconded by Mr. Aguila and unanimously carried.
B. Project Updates
Mr. Greene reported on the following:
1. Federal Highway
Because of many objections from local memhants, the City Commission adopted
the staff proposal to allow mixed use zoning districts to be included in the zoning
ordinance, but would not apply to the ground. Therefore, there would be no
immediate change in the current zoning. A specific request of a property owner
would have to be made to request a zoning change. The Department of
Community Affairs has been advised that the City is withdrawing its proposed
Comprehensive Plan Use Amendment for the Federal Highway Corridor.
2. Heart of Boynton (MLK)
Staff is now working on a Comprehensive Plan Amendment for the April 2002
filing. ComDrehens ve Plan Amendments are heard only twice during the year
i.e., April and October.
The City Manager's Office is now negotiating with the County to transfer the
public housing in the Cherry Hill area to the City.
3. Ocean District
The first phase is complete and the report is included in the agenda packet.
4. Marina/Promenade/Riverwalk
Revisions to the Marina Development Agreement are scheduled to go before the
City Commission in February. The Marina developer has committed to funding
the preliminary design for the Promenade. The developer and his architect will
be attending Saturday's workshop to discuss the design.
3
Agency
January8,2002
Negotiations for property acquisition necessary for implementation of the
Pr. omenade and,,Rive~alk h~ve fa en through. This w l be addressed under
tem',V LC (Em nen~Dc)r~in); " "~' ' '
5. Way-F riding Signage Program
The Public Works' staff will be coordinating the Way-Finding Signage Program
for the City They ale proceeding with contract negotiations with the City of
0 ood Fodd~ to deSgn a wa~-finding ,s,:ignagesy,stem. The ~greement
meeting.
C. Future Agenda Items
There is one item scheduled for the February agenda, which is the MacMillian
Personal Watercraft. This involves a zoning code variance and a site plan
modification.
D. Commission Action
The Commission approved the Code Amendment to allow the CRA to hire its
own staff. There was an ad for the Director's position in the Sunday, January 6tn,
Palm Beach Post.
The Commission authorized the transfer of $1,274,162 from the Visions 20/20
Fund to the CRA, which includes $611,000 from the Boynton Beach Boulevard
Promenade Project and $663,162 from the CBD Parking Program.
Mr Agu la requested that after Mr Greene g~ves his report that the members be
furnished in ~rit ng with th® informat on discussed so (hat they could have it for
study and future reference. Mr. Greene will comply with this request.
VI. Unfinished Business - None
VII, Public Hearings:
Site Plan:
A. Project Name:
Agent:
Owner:
Location:
Description:
DAKOTA LOFTS
H.P. Tompkins
Chan's Enterprises
3010 S. Federal Highway
Request for site plan approval to construct 19
multi-family town homes on two (2) acres.
4
Meeting Minutes *~'
Community Redevefo'pment Agency
Boynton Beach,. FL
January8, 2002
Attorney Payne administered.the oath to all persons who would be testifying.
Mr. Mike Rumpf, the City's Planning and Zoning Director. presented the-item and
pointed out the area in question on the drawings displayed on the screen. The
property is located on the former Sun Wah Restaurant site, The restaurant
would be razed and 19 townhouse units will be built in three separate buildings
on two acres between Virg;nia Garden Drive and Bamboo Lane. The property
currently contains arestaurant. Parking area-and canal. The properly consists of
two zoning districts, C-3 on the west and R-1 ~AA on the east.
The Board reviewed the Land Use Amendment Rezoning in November and
recommended approval:
All buildings will contain three bedroom units and will be three stories high.
Amenities would include a swimming pool and canal for boat docking and access
to the Intracoastal. Waterway, Access would be througt~ Bamboo Lane from the
south. Houses on Virginia Garden Drive would share the common access drive
through a preserved .easement that would extend north and south through the
property. The easement currently exists and will be relocated to the west.
There will be 38 parking spaces for a ratio of two spaces per unit. There will be
four standard spaces and one handicap space provided at the pool area.
The perimeter of the project will be enhanced with 10-foot wide landscape buffers
and one 20-foot wide buffer,
The site plan review was tabled at the November meeting in order to resolve
certain issues. ThoSe issues included fa(;ade enhancements; Bamboo Lane to
be used as access; utility service; how the developer-owner would mitigate
~mpact upon the adjacent property owners who have water wells on the property;
and emergency vehicle access. A meeting took place yesterday among the
property owners, staff and the applicant. The applicant will present what
transpired at the meeting.
Planning staff met with Fire personnel today to determine what the Fire
Department would require on the southern buffer for emergency egress. The Fire
Department will require 40' of cleared area, which will require some landscape
adjustments.
Staff requests that if the Board recommends approval that ,the Fire Department
requirement be included, Staff continues to recommend approval of the project.
Chairman Finkelstein inquired if the Conditions of Approval in the backup ara the
most current and was informed that they were.
Meeting Minutes ~
Community Redeve~o~pment Agency
Boynton Beach~FL
January8,2002
Mr. Press Tompkins. representing the applicant, assumed the podium, He
stated that they have met with the homeowners to discuss and resolve the issues
that ,were raised at the last meeting as follows:
1. With~regard'~to the water wells, the applicant ,ha's agreed ~o~ extend
the .water ,main Lane and provide water :service to
2, 'A~
Jncor
5. The 40' for the
removable bar~er
~e:
~ of ~he site.
idents on V rginia Garden Drive.
~ the canal
and a
Chairman Finkelste[n referred to Mr. Tompkins' let~er,of~?December. 31 ,-2001. item
4 of that letter referenc~d ~a Tevi,S. ed s~e~!iSlan/-aS ~well ,~S, an 'enlarged plan for the
improvement to Bamb0b Lan~, '.Seing~e,~ente~ ~prib~?to tonight's ,meeting. Mr.
Tompkins furnished-~the{plan tb: the members.
Mr. Tompkins stated that the access to' Bamboo Lane from Federal Highway was
never platted. There is, hoWever, sufficient room for access since Bamboo Lane
is 65' wide at Federal Highway and 42' wide at the project entrance.
Virginia Garden is also shown on an unrecorded plat asa 12' wide easement.
This will be relocated approximately 20' to 30' to the west to line up with the
project entrance road, so that they would have the same access that they
presently have.
Chairman Finkelstein inquired if the developer would be enhancing the off'site
entrance. Mr, Tompkins responded that the developer intends to fix up the island
that is currently in place, Those plans would be submitted to the City.
Attorney Jerry Knight, explained that whoever gave the easement back in 1989
never had the authority to de so and that is why it never ~showed up on the title
policy. Therefore. there is no legal access over the project property where the
ddveway is located.
Chairman Finkelstein asked the applicant if there were any Conditions of
Approval that they object tc and the applicant stated the agreed with all staff
comments. Some of the conditions have become moot since the applicant is
supplying water to the residents, Mr, Tompkins presented a handout that
addressed some additional changes, such as changing the windows to glass
block windows on the ends of the buildings.
6
Meeting Minutes t,~'~'~
Community RedevelOpment Agency
Boynton Beach, FL
January8,2002
Mr. Aguila inquired how the residents ~f Colonial Club accessed their property,
which Mr. Tompkins addressed. The access to Virginia Garden Drive will be
relocated approximately 20' to 30' to th e west to line up with the project driveway.
There will be no access between their property and the property to the north.
Chairman Finkelstein opened the public hearing.
Mr. Jeff Shaffer, 820 Bamboo Lane rased concerns about annexat on and
would like to know if there would be expenses incurred. He also expressed
concerns about the. traffic that would be emanatng from Bamboo Lane onto
Federal H'ghWay. Chairman Finkelstein stated staff would be addressing these
concerns.
Kristen Conti, I Virginia Garden Drive, presented a letter regarding the
meeting held yesterday. She felt progress has been made, but there are still
issues that need to be resolved. Ms. Conti noted that Virginia Garden has been
used for access for over 30 years, which makes it an implied easement. She
would like the gates that the applicant is furnishing to be a Condition of Approval
She would like to know the timeframe for the construction and WOuld like those
conditions incorporated into the approval process. She would also like the deed
documents to prohibit any future purchaser from changing the windows back to
clear glass.
Fred Canova, 815 Bamboo Lane, lived next to the proposed project, and. had
various concerns that included the height of the new buildings, the change in
aesthetics in the neighborhood, and ensuring that no future owner would change
the g~ass back to clear glass. He did not think that Bamboo Lane could
accommodate additional traffic.
Bruce Jarvis, 810 Bamboo Lane, asked why the Fire Department was requinng
a 40' entrance to the property. Mr. Rumpf responded that this is a requirement of
the Fire Code because the street is a dead end street and a certain number of
feet must be available for tumaround. Mr. Rumpf further stated that this would
only require some adjustment to the landscaping. Mr. Jarvis asked if a fence
would be erected along with the landscaping and was informed that there will be
no fence. Mr. Rumpf suggested that the applicant address this.
Mr. Jarvis comp mented the developer in going out of his way to resolve issues
that have existed for years. Further~ the razing of Sun Wah and eliminating the
activities that occur behind it will enhance the va ue of everyone's property
Chairman Finkelstein closed the aublic hearing.
Mr. Tompkins responded to the question about the 40' fire access. They have
discussed with the Fire Department placing some type of removable barrier that
would blend in with the landscaping and would only be available for the fire and
EMS vehicles. This will be worked Out with staff.
7
Meeting Minutes
! Redevelopment Agency
Jaguar8 2002
With regard to traffic, Mr, Tompkins pointed out that the :restaurant generated
approximately 1,900 trips per day. The project will decrease traffic tO 190 trips
per day.
As to the gates for Bamboo Lan~ and Virginia ,Garden, Drive, there are three
residences on Virgin a Garden Drive and!~ doesnt ~eern feasible to place a gate
for three residents-. Mr '~empkin¢ ~id'n~'-~ee';that :~n,y~,0f the residents of. the
project woUlU use Bambd;o ILahe ~0 en{e~ithei[devel?~e~;t ar~d-re¢l~eSted'that
provid nga ;~'ate for :'Baf'nbob .Lane'er Vi~-~ini~, Gard~ti'lnotibecorne' a ,condition
~fapprevaL ' - " '
Mr. Mac Bagby, one of the developers, stated that he spoke with Ms. Conti and
· that a fund wou d be'establiShed for the residents' on ~¥i~ginia
informed her . . . .,~ , . '-,~ . wn
Garden Drive and Bamboo Lane to h~re their own contractor:to erect i~l~eir o
gat~e~. 'Mr~ Bagby requested that this; n~t 6~ a cOnditiOn of approval; He*.ag~eed
ti~a(:$10;000 ~or each gate wbud b~ provi;de~, b~t'they did-. not w[~h'.~.{o: be
involved in the pro~ess of erecting them. ' ' ' '
Mr. Bagby .agreed that they. wou d Previcle these p~rsons who had previously
used th~, ~anal INith an easement to dntinQe to cross the cana.
With regard to the emergency vehicle entrance, Mr. Bagby stated that they intend
to erect a fence with a lock box that would blend with the landscaping: The Fire
Departmentwill be provided with thekeY: and the ga!e will hot be left open·
The median in the center of Bamboo-Lane will be greatly enhanced and
upgraded with Palm Trees and shrubbery.
For clarification on the annexation and water questions, Mr. Rumpf responded
that the Water Service Agreement with the City for residents who are not part of
the City contains a clause for annexation· Thei~efore, ,signing the Water Service
Agreement is a simultaneous agreement for future annexation. This would
require additional action on the part of the City. ThiS is a policy issue that should
be brought to the City Commission to' determine if the Citywants to annex those
properties. With regard to the expense for water, the City is allowed to charge an
additional premium of 25% for the monthly water bill.
Mr. Aguila asked for clarificat on on egress and ingress to Virginia Garden Drive
and whether it would be closed off. M~: Tompkins stated that it would be closed
off and the only access would be through their dev, elopment. He explained how
this process would work and they :ha~;~ prov dod ~a eider access, which would
result in no significant change to the current ingress.
Mr. Aguita inquired about the. aesthetics of the dumpster gate· Mr. Tompkins
responded that they used the Cty standard for a dumpster. Mr. Aguila felt that
the dumpster enclosure could hav~ibebn made more attractive.
8
Meeting Minutes ~
Community Redevel'b~ment Agency
Bqynton-Beach~ FL
January8,2002
Mr. Aguila asked if the lighting installed would wash onto the adjoining property
and Mr. Tompkins stated that there would be no wash onto other prc perties. Mr.
Aguila requested that this be made a condition of approval. Mr. Tompkins
agreed.
Mr. Aguila inquired if there would be any out-of-pocket expenses to the residents
to have the water installed up to their kitchen sinks. Mr. Tompkins said there
would be none and that they have extended the water main. The developer has
also agreed to pay for the insta ation of the water meters and the 25%
surcharge. The d~V~ °per has gone to considerable expense to provide water to
the resi~lents. Mi'. Aguia stated that the developer h~s gone ~ut of his way to
accommodate the residents and they have done an excellent job under the
circumstances. Mr. Aguila supported the project.
Mr. Rumpf requested that the four conditions raised be incorporated into the
motion.
Mr. Aguila noted that the landscaping ~s skimpy and should be enhanced. He
requested that the developer improve the landscaping, especially along U.S. 1.
Motion
Mr. Aguila moved to approve the Dakota Lofts project as submitted, subject to
Exhibit C (staff comments) with the following additional clarifications:
Comment #34 will be rewritten to indicate the 40' radius for the Fire
Department.
Comment #35 should be deleted since that issue has been resolved.
Comment #36 should be rejected.
Comment #37 will be reworded to reflect the current agreement to make
those improvements.
Luminaire lighting should be provided so that there will be no overflow of
lighting onto the adjacent properties.
The landscaping, particularly along the Federal Highway Corridor, be
appropriately enhanced, to be worked out between staff and the
developer.
A gate will be placed at the 40' opening for emergency vehicle access.
The actuat entrance to the development would be enhanced.
Decorative style lighting will be utilized, as well as the use of non-glare
lighting and would become comment #-38.
Vote
Motion seconded by Mr. Fenton and unanimously carried.
9
Meeting Minutes ~
Community Redeve~'OCment Agency
Boynt~n:Beach~, FL
VIII. New Business
A. Definition of Heiqht/Heiqht Exception - (Agent: Bradley Miller
,.A, CP)',' RequeSt for, a code,review to revise, the definition of
build ng height found in'Land Development Regulations Cha~ter
1, Artici~ I1 a~d to add language tO[he ~xemptions to the maximum
building height, foul:id' i~ Land Devetcpment Regulatioris,.Cbapter-2,
Section ~.F.2. ' -
Postponed, until the February 12, 2002Meet ng
~ ' ' ~ as Pal as Avenue
~ '~ -~ , erl.~ ru r ,L - m
W~asb Ant, B ~ K ge,
wash' fadiityOn'0;22'acreS;;' -
Eric Johnson a Planner in the Plan~ing and Zoning Department, presented the
tern. On May 15,.2001 the Cty:C°:mmission approved a variance to,at!ow a car
wash facility on a 9,908 square-foot parcel. The facility will .consist of. an
automated 1,490 ~ an accessory 375, square-foot
"Knock
The landscape plan exceeds the Code reauirements. A 6' h gh masonry wall
will be constructed along the north and east property tines. Because the property
is commercial and abuts residential; the:wa is required.
The bu ding has been designed to resemble a s ngl~-family residence to blend in
with the adjacent residential neighborhood. Arti~tls rentier ngs of the building
were displayed.
A monument sign will be located on the southwest comer of the site. There will
be no signage on the building.
There are 21 conditions of approval. Condition #8 should be deleted since a
sidewalk waiver has been approved, This would then eliminate Conditions #-6
and ¢7 as well. The sidewalk waiver was granted because there are no other
s~dewalks in the area to create any connectivity.
Mr. Beril Kruger, 9 NE 16t~ Street, Delray Beach, represented the applicant,
and stated there are no sidewalks irt the entire area and that is why the waiver
was requested.
Mr. Kruger questioned Comment ¢5 since the fac ty s only permitted to be open
between the hours of 7:00 a.m. to 7:00 p,m. The only lighting anticipated would
be security lighting at night to be supplied by FPL. All other lights would be inside
security lighting.
10
Meeting Minutes
Community Redevelopment Agency
Boy~t°n Beach, FL
January8,2002
Chairman Finkelstein asked for clarification on Comment ¢h~. Mr. Johnson
explained [hat the Code requires a minimum of four parking spaces for non-
residential use. Staff determined that the only parking space recuired is for the
on-site employee, which is under the carport, Mr. Kruger offered that the facility
~s strictly a drive-thru car wash and there is no requirement for parking. Mr,
Rumpf pointed out that if on-site parking spaces were ~equired this would
encourage maintenance of vehicles which staff does not wish to do. A gate wii
c ose of 1; the proPerty at night.
Mr. Aguila requested that a conditon be added that if the carpor[ were used for
anything other than a parking space for the vehicle, the property would be cited.
Mr. Kruger agreed to this.
Mr. Aguila felt that there are times dur ng the year when it s dark by 5 30 p.m.
and the lot Would be ~dark and have insufficient lighting, Mr Kruger reSponded
that FPLw be instal ng a light that would come on when it gets dark in the rear
of the building End Wbuld light up the back yard Mr. Kruger Suggested chang ng
the oPerating hours th. daylight hours:
Mr. Fenton questioned how one person can collect the money and perform the
detaiiing at the same 'time. Mr. Kruger responded that the money is collected
when the vehicle goes through, whether or not the employee is performing the
detailing.
Mr. DeMarco inquired if the water used would be recycled. Mr. Kruger said
recycling the water is a Federal law and they have complied with all Federal
requirements.
Motion
Mr. Aguila moved to approve the Marouf Car Wash located on lots 4 and 5 of the
Sam Brown Subdivision, approximately 137 feet east of U.S. 1, north of Las
Palmas Avenue, subject to all staff comments with the following modifications:
Comments #5, #6, #7 and #8 be rejected.
Comment fl4 be modified to provide that the area under the carport is to
be used only for parking and that it shall never be used for any other
purpose other than parking.
Item #15 be modified to provide that the hours of operation be limited to
daylight hoUrs only, seven days per week.
Mr. Rumpf interjected that the wording should be "not to exceed 7:00 a.m. to 7:00
p.m.", which is a condition of the variance approval. Mr. Aguila agreed to include
this wording in his motion.
11
Meeting Minutes ~
CommUnity Redeve~pmerit Agency
No outside radio or P.A. system or other devices used to project voice.
music orother sounds be allowed on the property that would beaud ble to
the adjacent Rroperties at any level.
Vote .
The '~notion was seconded by Mr. DeMarco and L~nanimous y ca[tied.
· ain - Re ueSt ng the City Commis.sion, pursuant to
B. Eminent Dom g . ' ';:' ' ~- ' ' to
Florida Statutes 163.370, to authorize the use o{ eminent domain
a~,qu re the pgblic right~r~f-Way nece~s~ t° dg~e op the Bovnton
Mr. Greene repoAed that for several months the City 5~ been negotiating
through a third pa~ to
Boynton Bea~ Boulevard F
which now necessitates t ~ust
Under State law, the
formally request that
enteAain a motion to request
Sta~te 163.370,
way
:Rive~alk.
Motion.
Mr. Aguila moved that this Board request that the City Commission, pursuant to
Florida Statute 163.370, authorize the use of eminent domain to acquire public
nght-of-way necessary to develop the Boynton Beach Boulevard Promenade and
Riverwalk. Motion seconded by Mr. DeMarco.
Chairman Finkelstein inquired if the actual legal description of the properties that
the City is being asked to take by eminent domain would come back to this Board
for approval. Mr. Greene fee that the specific details of the parcels would come
back to the Board. Attorney Payne stated that this would have to be included in
the Resolution.
Mr. Fenton suggested postponing approval until all the details are known.
Chairman Finkelstein did not want tO delay moving forward and stated this would
be discussed indetail at Saturday's workshop. Chairman Finkelstein wanted to
look at all the parcels because it may not be necessary to purchase all of them
for the project, thereby saving the City some money.
Chairman Finkelstein requested that Mr. Aguila amend i~is motion to indicate that
this Board approve the final Resolution that is presented to the Commission for
consideration, which Mr. Aguila agreed to. Mr. DeMarco seconded the amended
motion.
12
Meeting Minutes
ommunity Redevelopment Agency
Boynton Beach, FL
January 8, 2002
that the Board could provide the legal
Chairman Finkelstein did not think
description that would accompany the Resolution without further study. Mr.
Greene stated' that there is a survey of the proposed rght-of-way for the
Promenade. Mr. Greene said that the survey shou d be suffic ent for p[Jrposes of
the ResolUtion :Chairman Finkelstein agreed that this would be adequate. Mr.
Aguila suggested postpon ng the Resolution until the Board had more opportunity
to dfscuS~ the i~sue.
Chai~'man Finkelstein suggested that the wording in the motiOn could be "limited
to the property necessary to acquire the Promenade property in
and for the CRA
Beach Palm
the Riv able the exact legal description for
Vote
Mr. Aguila further amended his motion to include the wording in quotes
recommended by Chairman Finkelstein in the preceding paragraph. Vice Chair
Heavilin amended the second of the motion. The motion unanimously carded.
IX. Public Audience
None
Viii. Other
Mr. Aguiia reported that he received a letter from the City informing him that he
had m~ssed three meetings and if he m~ssed one more he would be removed
from the Board. Attached to the letter was an Ordinance dated December 18,
2001. Mr. Aguila said he called the City Attorney who informed him that
Ordinances are not retroactive; therefore his absences, which took place pdor to
adoption of the Ordinance, do not count.
Further, Mr. Aguiia stated that because the CRA is governed by Florida Statutes,
members cannot be removed for having missed four meetings. Attorney Payne
confirmed this. The Commission can remove a member if the Commission
determines that thers have been improprieties on the part of a Board memoer.
Attorney Payne noted that this was a policy for City Boards and that the notice
sent to Mr. Aguila was done routinely. She will speak with City Attorney Chemf
to clarify the issue of absences. Mr. Aguila pointed out that he works very hard
on behalf of the Board and attends as many meetings as possible, but
sometimes his job requires that he miss a meeting, because he has to be
elsewhere on business. He was troubled when he received the letter because of
his efforts on behalf of the Board.
13
JanUary 8, 2002
r Greene also r~oted that when the Commission considers remowQg a CRA
Mm~mber, tb~t member must be provided with a lO,day advance notice, as well as
e mer~ er the opportun ~ of ~aving a.headng~ Mr, Greene stated that
givi~gg ~.,, ,., ~ ~. :~;~ ;~din~ ~be, e~e~s-t~t a~e~s~ oU~ ~ega~ding
' n noted thc h s term expires on Janu.aw 1.0, 2002;.a"d ~e'~ed,if he
Mr Fento ' . ; , - ~-- '"- Gree n ormed ~i~'that he s on the
,~a~ u~til, he is. Ce~laced or re,appo,nted..:Mr. ~en[~0 ~t~e 8e¢,,~*,~ "*~ ?
re,ap~.n[ed.
Ther~ Bei~9 no fu~her business, the meeting propedy adjou(~ed' at,8:35 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(two tapes)
(December 9, 2001)
14