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Minutes 03-28-91MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TRT4~DA~ MARCH 28, 1991 AT 6:00 P.M. PRESENT Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Jim Cherof, City Attorney Peggy White Boulle, Deputy City Clerk Mayor Elect Weiner called the meeting to order at 6:08 P.M. The Invocation was given by Rev. Henry Ackerman, Pastor of Boynton Beach Congregational United Church of Christ, followed by the Pledge of Allegiance to the Flag led by Commissioner Artis. AGENDA APPROVAL Commissioner Ar%is moved, seconded by Commissioner DeLong, to approve the agenda as presented. Motion carried 3-0. ANNOUNCEMENTS Mayor Elect Weiner announced that the next regular City Commission meeting will be held Tuesday, April 2, 1991. MINUTES Regular City Commission Meeting Minutes of March 19, 1991 Commissioner DeLong moved, seconded by Commissioner Artis, to approve the minutes as presented. Motion carried 3-0. CITY MANAGER'S REPORT None. NEW BUSINESS None, ADMINISTRATIVE None. PRESENTATIONS/ACKNOWLEDGMENT AND APPRECIATION OF SERVICE TO MAYOR, VICE MAYOR AND COMMISSION MEMBERS Mayor Gene Moore and Vice Mayor Lee Wische were not present at the meeting. City Manager Miller recognized Mayor Elect 1 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 Weiner and Commissioners Artis and DeLong for their services as public officials in the City and presented them with plaques in appreciation of many hours of dedicated service in the City during 1990 and 1991. Commissioner DeLong congratulated all of the Commissioners and wished Mayor Elect Weiner Godspeed. She was pleased and ~appy to serve in this capacity of trust and asked God to bless Boynton Beach. Commissioner Artis stated that serving the City had been a pleasure and quite a learning experience. She asked for everyone's support during the rest of her term. Mayor Elect Weiner wished to save her comments for later. ADMINISTRATION OF OATHS OF OFFICE Peggy White Boulle, Deputy City Clerk, administered the oath of office to Commissioner Jose' Aguila, Commissioner Ed Harmening, Commissioner Lynne Matson, and Mayor Arline Weiner. SELECTION OF VICE MAYOR Commissioner Aguila nominated Ed Harmening as Vice Mayor. Commissioner Artis seconded the motion, and the motion carried 5-0. The oath of office was administered by Deputy City Clerk Boulle to Vice Mayor Harmening. BUSINESS A. Remarks Commissioner Artis said she will continue to do her best for the City. Commissioner Aguila was very pleased with the results of the election and the message he received because of the numbers by which he was elected. He promised he would do the best he could with what he knows. Commissioner Aguila commented that he will not be able to please everybody every time, but he trusted when it is all over with, the people will not be able to say he did not pay attention and did not do his best. He concluded by telling the audience that any time ~hey have a problem with what they think he does, they should call him. 2 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 Remarks by Vice Mayor Ed Harmening Vice Mayor Harmening, who was the City's Mayor nine years ago, was pleased to be back on the Commission. After intro- ducing his wife, daughter, and son-in-law, he thanked all of the people who helped and supported him in the recent elec- tion. Vice Mayor Harmening said he would try to do what the people desire but if he doesn't, the people should call Commissioner Aguila. Remarks by Commissioner Lynne Matson Commissioner Matson was thrilled to be able to participate in the City's governmental process. Even though she was elected to represent the constituents of District IV, she wanted everybody to know she will consider herself a Commissioner at large and will be available to everyone, whether they are in her District or not. Commissioner Matson thought the people had overwhelmingly shown they wanted the City to take a new direction, and she was pleased Go be a part of that new direction. Remarks by Mayor Arline Weiner ~ayor Weiner looked at her husband, Danny, and told everyone that without him, she would not be Mayor or even in this City. She especially thanked Henrietta Solomon, whom she said worked the hardest, the longest, and with the most love. Mayor Weiner then thanked all of the people who had elected the Commission for their hard work and feelings of devotion. Mayor Weiner stated this was the beginning of a new day in Boynton Beach government. The Commission's concerns will be with people of all ages and every economic status. Mayor Weiner stated she will request the Commission to form a task force on the elderly to study and recognize meaningful programs that will enhance the lives of the City's senior ~itizens. She will also request that the Commission form a permanent advisory Board on children, which will concern it- Self with all the needs of the City's younger citizens. Mayor Weiner wants the City to aggressively engage the Palm Beach County School Board in an ongoing effort to be part of an answer to the City's educational problems. She stated ~hat grant monies from Federal, State, and County agencies ~nd private sources for social service programs for the City's bitizens will be researched, requested, and used to the 3 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 fullest. The City's tax base will be expanded, and the expenses of the City will be severely limited so as not to burden the citizens with a tax rate which is not justified. Mayor Weiner further stated that she will work diligently to turn the dream of a restored and revitalized downtown into a reality and to continue the Community Improvement Depart- ment's programs to upgrade the City's blighted areas. She added that she also wants to pursue programs that will enable this to become less of a city with separate housing developments and more of a city made up of neighbors. Mayor Weiner said this Commission's administration will be faithful to the democratic process of government of the people and will always be accessible, with a ready ear to the people's needs, complaints and suggestions. The Commission is posed to bring meaningful government to the residents of Boynton Beach, to make the City a model for all Qf Palm Beach County, and to commit itself to the task of forging a better future for everyone. PUBLIC AUDIENCE Former Mayor Ralph Marchese, 1901 Roma Way, commented that the people of Boynton Beach had spoken, and gone was the group who disregarded the rights of the people to partici- pate in the functions of City government, showed favoritism to special interest groups, and broke respect for the City. He felt the new Commission would bring sincerity, honesty and professionalism back to the City government. Shirley Stevens, Chairperson of the Boynton Citizens Coalition, 2832 S. E. 5th Circle, congratulated Mayor Weiner and the newly elected Commissioners and pledged the support of the Coalition to work with the Commission in whatever capacity the Commission might wish them to. phil Leslie, President of Coalition of Boynton West Residen- rial Association (COBRA), congratulated everyone on the Commission and said the residents of COBRA live in the unin- corporated area. COBRA pledged its support to the Commis- sion. He introduced Bill Ball, Secretary Treasurer: Paul Gellis, Vice President; and A1 Miller, Vice President and President Elect of COBRA. Mr. Leslie invited the Commission to a ceremony they will have on April 17th, when COBRA's officers are installed. He wanted the Commission to know ~hat COBRA is doing, so if the City annexes that area, they ill be proud to have it as part of the City. Mr. Leslie 4 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 was sure COBRA would cooperate in every way possible with Boynton Beach's officials. Mayor Weiner recognized the presence in the audience of former Mayor Carl Zimmerman. B. Presentation of the Interim Service Fees Report by Marie York, FAU/FIU Joint Center for Environmental and Urban Problems Marie York, Senior Research Associate for the Center, introduced Michele Edwards, Research Assistant, who worked With her on this project. Ms. York told of her background and experience. She had designed interim service fees for ~wo other cities in the past. Ms. York drew attention to ~he report, which was attached to "Agenda Memorandum No. 91-067" in the Commission's backup material. She apprised ~he Commission that the fee was designed from a very Cautious and conservative viewpoint, so it has no appearance of being a tax. When property is issued a certificate of occupancy (C.O.), Ms. York said it does not go on the tax roll until the following year. The tax bill for ad valorem taxation is not issued until that November. The tax bill is not even in arrears until April of the following year, so there is ~ lot of time between when a developer requires services and When he pays ad valorem taxes. Ms. York stated this fee Would address only that first increment from the time the C.O. is issued until January 1 of the following year. When this work was started, Ms. York said they interviewed ~he City's department heads. She emphasized this was not an impact fee because impact fees are for capital facilities. After explaining what capital facilities are, Ms. York informed the Commission this is a fee for services that are presented to the development. It does not include general Services. It is based on actual expenditures for public Safety, administrative costs of Public Works for services ~nd maintenance for roads and streets and for animal control, library, parks and recreation. Ms. York apprised the ~ommission that not all land uses require services in all of those areas, and she explained why. Ms. York said the fee is collected one time only, at the ~ssuance of the C.O., so the City has the money in advance. She told how the City would be protected in the event of ~egal challenges. Ms. York said the fee is designed on a 5 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 per capita demand for services, which would include both rlesidential and non-residential users. She stated they designed a functional population equivalency based on the number of residents, employees, and customers demanding services within a 24 hour time period. The result was the fee structure on the final page of the report. ~ommissioner Aguila wondered what happened when a multi- building facility gets a C.O. for the whole development. He said to suppose it takes more than a year to fill the development to capacity. Commissioner Aguila pointed out that they would not be impacting the use, but they would be paying the full tax. He questioned how the City could allow paying for what they use before they assume full occupancy. Ms. York doubted that a C.O. for all of those buildings would be issued at one time. They would be issued as the buildings are ready for use and occupancy, and it would Occur gradually. In the event Commissioner Aguila's Scenario would occur, Ms. York said the facility would be demanding the City's Police and Fire protection services. Vice Mayor Harmening asked Attorney Cherof if he would be able to successfully defend an action if someone tries to Collect the money back from the City. Attorney Cherof replied that an Ordinance has been drafted, which he thinks will remedy all of the problems that led up to previous law- suits against cities that had an interim services fee. Mayor Weiner understood 15 cities in Dade and Broward Counties regularly use an interim service fee, but no cities in Palm Beach County use it. Ms. York read that in the newspaper but was not sure it was correct. She knew Counties in the more southern part of Florida use the fee, but she did not know of any other city in Palm Beach County that adopted the fee. City Manager Miller agreed with Mayor Weiner that Boynton Beach will be the first City in Palm Beach County to adopt the fee and probably will not be the last. Vice Mayor Harmening moved to direct the City Staff to draft an Ordinance enacting an Interim Services Fee for the City. Commissioner Aguila seconded the motion, and the motion carried 5-0. C. Discussion of time for regular City Commission Meetings Mayor Weiner has always been concerned that beginning the iCity Commission meetings at 6:00 P. M. precluded people who MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 28, 1991 work from coming to the meetings. She asked the Commission to consider changing the time from 6:00 P. M. to 7:00 P. M. Motion Commissioner Aguila moved that the time of the City Commis- sion meetings be moved from 6:00 P. M. to 7:00 P. M. The motion was seconded by Commissioner Matson. Commissioner Aguila asked if the change in time could be effective Tuesday, April 2, 1991. City Manager Miller replied that several public hearings have been advertised for the month of April. He did not think the meetings could begin at 7:00 P. M. until the first City Commission meeting in May, unless they wanted to go to the expense of readvertising. Amended Motion Commissioner Aguila and Commissioner Matson accepted City Manager Miller's statement as an amendment to the motion. A vote was taken on the motion, and the motion carried 5-0. ADJOURNMENT The meeting properly adjourned at 6:50 P. M. CITY OF BOYNTON BEACH Mayor ,~~k, ~-"~ .~_ ~c_.~ -- Commlss loner iRecording Secretary ~ Commissioner (One Tape) 7