Loading...
Minutes 04-03-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, APRIL 3, 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 Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Randall Gill of the First Presbyterian Church offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy requested adding, under VI. Consent Agenda, a contribution of $1,500 from his Community Investment Funds, to the Boynton Beach All Star Cheerleading team who would be performing at the Pro Bowl in Honolulu, Hawaii. He challenged the other Commissioners to also contribute in furtherance of positive youth activities in the community. Mayor Taylor indicated it could be added as Item G. Commissioner McCray matched the contribution with a $1,500 contribution from his Community Investment Funds. Commissioner McKoy expressed concern regarding the conduct of a Commissioner. He indicated City staff had responded, ''The City Manager nor the City Attorney have any investigatory or enforcement authority as it relates to an issue of this nature since the Commission is not subordinate employees of the City Manager." Commissioner McKoy requested the agenda include an item to discuss the conduct of the one of the Commissioners. He suggested the discussion take place immediately after IV. Public Audience. Commissioner Weiland understood the purpose of the preagenda meeting was to discuss the placement of items on the agenda to avoid unforeseen things be added. He would welcome the additions at the next Commission meeting so all Commissioners would have the same information. Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Mayor Taylor reviewed the procedure for placing Community Investment Fund expenditures on the agenda and noted the current agenda included an item to change the process. Commissioner McKoy explained discretionary funds had been utilized in the past to assist the same group, as far as being in compliance with State and Federal regulations. On the issue of conduct, Commissioner McKoy emphasized the issue was one of urgency to him and staff was available to corroborate the facts of the incident. Attorney Cherof confirmed there should be consensus from the Commission for any changes being made to the agenda. Mayor Taylor called for a vote on the addition to the agenda of the donations to the Boynton Beach All Star Cheerleading Team. The vote was 3-2. (L-1ce Mayor Rodriguez and Commissioner Weiland dissenting) Commissioner Weiland reiterated his belief additions should be made at the preagenda meetings. Vice Mayor Rodriguez inquired if the donations were date sensitive. Commissioner McKoy responded it was time sensitive. Mayor Taylor was not prepared to accept the challenge without more information. Commissioner McKoy felt it was highly unusual to have a challenge to the use of discretionary funds. He was appalled by the challenge and voiced concern regarding the reason for the challenge. Equitable standards had been established to address diversity and integrity which were now being challenged. Commissioner McCray noted that Commissioner McKoy was unable to attend the preagenda meeting and that should be considered. He agreed the challenge was unnecessary. Mayor Taylor recalled there had been instances where additional donations were added at the meeting; however, adding an entire item had not occurred previously. The issue was strictly a procedural question. Commissioner Weiland added he would discuss either of the issues raised; however, the procedure should be followed. Vice Mayor Rodriguez requested Commissioner McKoy read the documentation to determine a time range for action on the request. Commissioner McKoy read the following excerpt: "Six girls from Boynton Beach were selected for the All Star American Team which qualifies them to perform in the Pro Bowl held in Honolulu, Hawaii. As a third year organization this was a prestigious honor for our cheerleaders, as well as the City of Boynton Beach." The time sensitivity was not outlined in the letter, but Commissioner McKoy related the sponsor had indicated they would need the donations by the end of the month for the purpose of making reservations. He would provide the information. 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Mayor Taylor declared the item would be added under VI. Consent Agenda, Item G. Mayor Taylor called for a vote on the addition of an item to the agenda relating to the conduct of Commissioners. Commissioner McKoy explained he had tried to resolve the issue through staff to no avail. Staff involved were present to answer any questions. Commissioner McCray noted an item was on the agenda under XI. New Business, Item C. Code of Conduct for Elected Officials and suggested the discussion be included with that Item. Vice Mayor Rodriguez agreed and Mayor Taylor indicated it could be discussed in detail. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Rodriguez congratulated the University of Florida basketball team. He also announced on Saturday, April 7, the Fire Department fishing tournament and chili cook-off to benefit the American Cancer Society, would be held at Boat Club Park. Commissioner Weiland explained the need for the Commission meeting to be held during Passover and apologized to the Jewish community. Commissioner McKoy reported on his trip to Tallahassee representing the City of Boynton Beach, Florida League of Cities and the Florida Municipal Investment Trust during Florida League of Cities' legislative action day. The property tax reform was one of the main issues discussed and he related the proposed legislation would not be favorable for municipalities. The League's position was to establish a more simplified and informative truth in millage approach. Other issues discussed were the cap on property tax and charter county relations. The League's position was to support legislation that would restore and maintain municipal home rule authority for municipalities within the charter counties. In regard to affordable housing, the League of Cities supported retaining the dedicated document stamp fees as a funding source for the State and local government housing trust fund and eliminate the cap placed on the fund distribution or diversion of funds to the general appropriation funds. Commissioner McKoy urged all citizens to contact their state legislatures with their concerns and interest in the pending legislative session. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Library Workers Day - April 17, 2007 Mayor Taylor read the Proclamation declaring April 15 - April 21 as National Library Week and April 17 National Library Workers Day. Karen Abramson, on behalf of the Library staff, accepted the Proclamation and thanked the Commission for their continued support of the Library. b. Water Conservation Month - April, 2007 Mayor Taylor read the Proclamation denoting April as Water Conservation Month and presented the document to the Utilities Department. Steven Evans, Water Quality and Quantity Supervisor, encouraged everyone to use water sensibly and follow the current water restrictions. Michael Low, Deputy Director of Operations, advised free water conservation kits were available for those present. He noted Boynton Beach was in the forefront of promoting water conservation. Kofi Boateng, Director of Utilities, explained water conservation and alternative water supplies were becoming a critical part of providing water services to the citizens. He urged everyone to follow the water restrictions closely and conserve water on an ongoing basis. Mayor Taylor commended the Water Department and added the water in Boynton Beach was excellent. He stressed the water restrictions were being enforced and reviewed the current water restriction schedule. c. Fair Housing Month - April, 2007 Mayor Taylor read the Proclamation and presented it to Vince Larkin, President of the Fair Housing Center of the Greater Palm Beaches, Inc. Mr. Larkin expressed his appreciation to the City of Boynton Beach for recognizing anybody's right to live where they chose, as long as they can afford it. He announced the toll free number (877-91O-FAIR) to report any housing discrimination that may be occurring, or visit the new website at www.fairhousingflorida.com. 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> Brian Miller, Chair of the Community Relations Board, advised the board had partnered with the Boynton Beach Fire Department and the City's Community Emergency Response Team to hold a Disaster Preparedness Town Hall Meeting regarding neighborhood preparations for any type disaster. He invited everyone to attend the meeting. Mayor Taylor closed the public audience. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 v. ADMINISTRATIVE: A. Appointments Appointment To Be Made Mayor I II III Taylor Weiland McCray Rodriguez Board Length of Term Expiration Date Arts Commission Arts Commission Arts Commission Arts Commission Reg Reg Alt Alt. 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 9 mo term to 12/07 Mayor Taylor appointed Christine Moeller. Commissioner Weiland appointed Halena Wolf. Commissioner McCray appointed Deborah Brookes as an alternate. Vice Mayor Rodriguez appointed Alan Burgess as an alternate Motion Commissioner McCray moved to approve the appointments to the Arts Commission. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor I II IV III Taylor Weiland McCray McKoy Rodriguez Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals 33 mo term to 12/09 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Reg Reg Reg Alt Alt Mayor Taylor appointed Richard Kurtz. All other appointments were tabled. Motion Commissioner McKoy moved to approve the appointment to the Building Board of Adjustment and Appeals. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. I Weiland Mayor Taylor Cemetery Board Cemetery Board Reg Alt 33 mo term to 12/09 9 mo term to 12/07 Commissioner Weiland appointed Michael Enkoff. Mayor Taylor tabled his appointment. Motion Commissioner McCray moved to approve the appointment to the Cemetery Board. Commissioner Weiland seconded the motion. The motion passed unanimously. IV McKoy Mayor Taylor III Rodriguez Code Compliance Board Code Compliance Board Code Compliance Board Reg Reg Alt 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 Tabled (2) 5 Meeting Minutes Regular City Commission Boynton Beach, FL I Weiland April 3, 2007 Code Compliance Board Commissioner McKoy appointed George Moyer. Mayor Taylor appointed Kathleen Carroll. Vice Mayor Rodriguez appointed Richard Yerzy. Commissioner Weiland tabled his appointment. Motion Alt 9 mo term to 12/07 Commissioner McCray moved to approve the appointments to the Code Compliance Board. Commissioner Weiland seconded the motion. The motion passed unanimously. II McCray IV McKoy Mayor Taylor I Weiland III Rodriguez II McCray Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Community Relations Board Reg Reg Reg Reg Alt Alt 33 mo term to 12/08 Tabled (3) 33 mo term to 12/09 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07Tabled (2) 9 mo term to 12/07 Commissioner McCray appointed Brenda Williams. Commissioner McKoy appointed Victor Norfus. Mayor Taylor appointed Joyce Mura. Commissioner Weiland appointed Phyllis Stern. Vice Mayor Rodriguez and Commissioner McCray tabled their appointments. Motion Commissioner McCray moved to approve the appointments to the Community Relations Board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II Mayor I II III IV III IV Mayor McCray Taylor Weiland McCray Rodriguez McKoy Rodriguez McKoy Taylor Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Commissioner McCray appointed Hattie Miller. Mayor Taylor appointed Pamela Camel. Vice Mayor Rodriguez appointed Robert Chiste. All other appointments were tabled. Motion Reg Reg Reg Reg Alt Alt Stu Stu Stu N/V 21 mo term to 12/08 Tabled (3) 21 mo term to 12/08 21 mo term to 12/08 21 mo term to 12/08 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 Commissioner McCray moved to approve the appointments to the Education & Youth Advisory Board. Commissioner McKoy seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 III IV II I Rodriguez McKoy McCray Weiland Library Board Library Board Library Board Library Board Reg Reg Alt Alt 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 9 mo term to 12/07Tabled (2) Vice Mayor Rodriguez appointed Daniel Holthouse. Commissioner McKoy appointed Valerie Pleasanton. Motion Commissioner Weiland moved to approve the appointments to the Library Board. Commissioner McCray seconded the motion. The motion passed unanimously. III IV Mayor I II Rodriguez McKoy Taylor Weiland McCray Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Reg Reg Reg Alt Alt 21 mo term to 12/08 21 mo term to 12/08 21 mo term to 12/08 9 mo term to 12/07 9 mo term to 12/07 Vice Mayor Rodriguez tabled his appointment. Commissioner McKoy appointed Lee Wische. Mayor Taylor commented he could not support the nomination due to the nominee's disregard of the citizens' objections to the placement of a car wash in District I. He speculated deceased Vice Mayor Ensler would have strongly opposed the nomination also. The nominee worked very hard to support the car wash. Commissioner McKoy felt the speculation of what Vice Mayor Ensler would or would not have done should be stricken from the minutes. Mayor Taylor would not agree to striking the comments. He indicated he was well aware of Vice Mayor Ensler's displeasure with the nominee's conduct. Commissioner McKoy reiterated his request to have the comments relating to Vice Mayor Ensler stricken from the minutes as it should not have an impact on the approval of the appointment. Commissioner Weiland proposed anyone could make a statement expressing their opinion and the weight it mayor may not be given would be an individual decision. Attorney Cherof concurred, that whatever is said would be part of the public record. The impact of those comments is an individual interpretation. Commissioner McKoy confirmed he did have the right to ask the comments be stricken. Attorney Cherof agreed and indicated it would need to be in the form of a motion. Motion Commissioner McKoy moved to strike Mayor Taylor's comments from the record. Commissioner McCray seconded the motion. The motion failed 2-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland dissenting.) 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Mayor Taylor appointed Shirley Jaskiewicz. Commissioner Weiland appointed Ed Hillery. Commissioner McCray tabled his appointment. Mayor Taylor called for a vote on the appointment of Lee Wische. The vote was 4-1. (Mayor Taylor dissenting.) Commissioner McKoy contended, for clarification, that on a motion silence on a vote signified a yes vote. Mayor Taylor indicated he would call for a roll call vote so it could be heard. Commissioner McKoy requested clarification from the City Attorney. Attorney Cherof advised the Commission was governed by Robert's Rules of Procedure; however, they do not have strict application to governmental meetings under the Sunshine Laws. It is important for the Clerk to make a record of all votes by the Commission, individual by individual. Silence should not be inferred as a yes or no vote. The Chair should ask for clarification for a clear record. Roberts' Rules did indicate silence constitutes an affirmative vote. In Attorney Cherofs opinion it had no application to the procedure of voting on any item before the Commission. Motion Commissioner McCray moved to approve the other appointments to the Planning and Development Board. Commissioner Weiland seconded the motion. The motion passed unanimously. II III I IV McCray Rodriguez Weiland McKoy Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg Reg Alt Alt 3 yr term to 4/08 33 mo term to 12/09 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Commissioner McCray tabled his appointment. Vice Mayor Rodriguez appointed David Barie. Commissioner Weiland appointed John McVey. The remaining appointment was tabled Motion Commissioner McKoy moved to approve the appointments to the Recreation & Parks Board. Commissioner McCray seconded the motion. The motion passed unanimously. I II III IV Mayor Weiland McCray Rodriguez McKoy Taylor Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg Reg Reg Alt Alt 21 mo term to 12/08 21 mo term to 12/08 21 mo term to 12/08 9 mo term to 12/07 9 mo term to 12/07 Commissioner Weiland appointed Betty Spinelli. Commissioner McCray appointed Lillian Bruzzese. Vice Mayor Rodriguez appointed Bernice Begleiter. All other appointments were tabled. 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Motion Commissioner Weiland moved to approve the appointments to the Senor Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. I II III IV Mayor I Weiland McCray Rodriguez McKoy Taylor Weiland Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission 33 mo term to 12/07 Tabled(3) 33 mo term to 12/09 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 Reg Reg Alt Alt Alt Alt Commissioner Weiland appointed Stanley Gavlick. Commissioner McCray appointed Morris Boruck. Vice Mayor Rodriguez appointed Stuart Preston. All other appointments were tabled. Motion Commissioner McCray moved to approve the appointments to the Veterans Advisory Commission. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor Employees' Pension Board 33 mo term to 12/09 Reg Mayor Taylor appointed Sue Kruse. Motion Commissioner McCray moved to approve the appointment to the Employees' Pension Board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. (Commissioner Weiland left the dais.) III IV Rodriguez McKoy Firefighters' Pension Trust Fund Firefighters' Pension Trust Fund Reg Reg 21 mo term to 12/08 21 mo term to 12/08 Vice Mayor Rodriguez appointed Robert Taylor. Commissioner McKoy appointed Larry Schone Motion Commissioner McCray moved to approve the appointments to the Firefighters' Pension Trust Fund. Vice Mayor Rodriguez seconded the motion. The motion passed 4-0. II III McCray Rodriguez Police Officers Trust Fund Police Officers Trust Fund Reg Reg 21 mo term to 12/08 21 mo term to 12/08 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Commissioner McCray appointed John Hollihan. Vice Mayor Rodriguez appointed Toby Athol. Motion Commissioner McCray moved to approve the appointments to the Police Officers' Trust Fund. Commissioner McKoy seconded the motion. The motion passed 4-0. 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 - March 16, 2007 2. Regular City Commission - March 20, 2007 Commissioner McCray pulled Item VI.A.1 for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. None C. Resolutions 1. Proposed Resolution No. R07-037 RE: Approving and authorizing execution of agreements and documents associated with the Palm Beach County "Public Art Improves Our Community" matching grant on behalf of the City of Boynton Beach. 2. Proposed Resolution No. R07-038 RE: Approving and authorizing execution of an Agreement for Water Service outside the City Limits with Nu Dao, Henry Dao, Patrick Dao, for the property at 1099 Seagrape Rd., Lantana, FL (Hypoluxo Ridge Add 2 Lot 54). 3. Proposed Resolution No. R07-039 RE: Supporting the proposed amendment to the Palm Beach County Charter and serve a public purpose that is essential to the health, safety, protection and welfare of the City and its citizens. D. Approve return of cash bond of $325,050 to The Related Group for the project known as Marina Village (Building 1) 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 E. Authorize the use of $306.25 for non-profit registration fees for Boynton Terrace, Ridgewood Hills, Boynton Hills, MLK, Jr., and Poinciana Heights Homeowners Association from Commissioner McCray's Community Investment Funds. Mayor Taylor pulled Item VIE for discussion. F. Authorize the use of $2,000 for Rae's Academy of Tae Kwon Do from Vice Mayor Rodriguez's Community Investment Funds. Commissioner McCray pulled Item VI.F. for discussion. G. Authorize the use of $1,500 each from Commissioner McKoy and Commissioner McCray's Community Investment Fund for Boynton Beach All Star Cheerleading squad for six girls, to help defray competition expenses. (This item was added to agenda by prior motion.) Motion Commissioner McKoy moved to approve the items on the Consent Agenda with the exception of Item VI.A.2. and VI.E. Commissioner McCray seconded the motion. The motion passed 4-0. (Commissioner Weiland returned to the dais) VI.A.2. Regular City Commission - March 20, 2007 Commissioner McCray thanked the City Clerk's office for paraphrasing inappropriate remarks regarding the Community Redevelopment Agency, made during the meeting. Motion Commissioner McCray moved to approve Item VI.A.2 as typed. Commissioner McKoy seconded the motion. The motion passed unanimously. VIE Authorize the use of $306.25 for non-profit registration fees for Boynton Terrace, Ridgewood Hills, Boynton Hills, MLK, Jr., and Poinciana Heights Homeowners Association from Commissioner McCray's Community Investment Funds. Mayor Taylor explained the State required an annual fee of $61.25 from each homeowners' association. The City had agreed to assist the five homeowner associations for the first three years because they were in an area of low income families. The three years had expired and Commissioner McCray was generously offering to use his funds for another year. However, it did contradict the Commission policy and the fee was minimal. He contended the associations needed to be independent and collect dues to cover the amount owed. Mayor Taylor noted even though it was Commissioner McCray's community investment funds, it was tax dollars. Commissioner McCray defined discretionary as the freedom to make a choice. He contended it was not a City policy, rather the Neighborhood Services Department had made the initial 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 request. Previously funds had been donated to other organizations that were struggling and these associations were not able to stand alone. Commissioner Weiland requested an update on the status of the associations. Gertrude Sullivan, 201 NE 6th Avenue, asserted it was not the money, but the principle of a request for funds. She contended the residents would not attend the meetings if money were requested and they really could not afford it. Ms. Sullivan indicated plans were being made to eliminate the request in the future. She was trying her best to work with the neighborhood. Myra Jones, Ridgewood Hills Neighborhood Association, distinguished her group as a neighborhood association rather than a homeowners' association because leasees and renters were predominate. She agreed with Ms. Sullivan that plans were ongoing to elect new officers and be more prepared. Ms. Jones thanked the Commission for their patience and generosity. Wilfred Hawkins, Assistant City Manager, added there had been a remarkable turnaround in the five associations due to the efforts of the current Presidents. They are currently more viable than three years ago. Commissioner McKoy supported the use of the funds and encouraged staff to assist the associations with the next year to assure the funding is available. Commissioner McCray asserted the Neighborhood Services Manager needed to be more involved with the communities or alternatives explored to assure staff would be available. Elizabeth Jenkins, 711 NW 1st Street, stressed the communities were handicapped because they did not have a free meeting place in spite of her repeated requests. Commissioner Weiland pointed out the Intracoastal Clubhouse would be opened for neighborhood meetings when it was completed. Commissioner McCray added the Wilson Center would soon be available also. Sergio Casaine, 13 Meadows Park Lane, requested the minutes reflect the associations are not homeowner associations, rather neighborhood associations that represent poor people who do not own homes. Shirley Jaskeiwicz, 1917 SW 13th Avenue, indicated the pain of building the Wilson Center and Intracoastal Clubhouse will be worth the gain for the entire area. The churches are available for meetings. Vice Mayor Rodriguez inquired if anyone of the Commissioners belonged to one of the associations requesting assistance? Commissioner McCray advised he did belong to one of the associations. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Motion Vice Mayor Rodriguez moved to approve with the omiSSion of the one association the Commissioner would benefit, $306.25 less $61.25. Commissioner McCray offered he would not benefit. Mayor Taylor declared the motion died for lack of a second. Motion Commissioner McKoy moved to approve Item VI.E. Commissioner McCray seconded the motion. The motion passed unanimously. VI.F. Authorize the use of $2,000 for Rae's Academy of Tae Kwon Do from Vice Mayor Rodriguez's Community Investment Funds. Commissioner McCray reiterated his understanding of the meaning of discretionary funding. Motion Commissioner McCray moved to approve Item VI.F. based on the definition of discretionary. Commissioner McKoy seconded the motion. The motion passed unanimously_ VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None Mayor Taylor recessed the meeting at 7:43 p.m. Mayor Taylor reconvened the meeting at 7:53 p.m. 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: Ocean Breeze West (SPTE 07-002) Bradley Miller, Miller Land Planning Consultants, Inc. Larry Finkelstein, Affordable Housing, LLC Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located approximately one-third (1/3 mile north of Boynton Beach Boulevard. Request for a one (1) year site plan time extension for Ocean Breeze West (NWSP 05-030) approved on January 3, 2006 , from January 3, 2007 to January 3, 2008. A. Project: Agent: Owner: Location: 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Attorney Cherof administered an oath to all those intending to testify in either the Ocean Breeze West request for site plan time extension or the Seaview Park Club second request for site plan extension. He explained the procedure to be followed. Mayor Taylor, Commissioners Weiland, McCray and McKoy all declared phone conversations with Michael Weiner in regard to the Seaview Park Club. Ed Breese, Principal Planner, reviewed the request that would include 37 fee simple town homes. The land development permits had been received; however, time was spent negotiating with the Community Redevelopment Agency on the purchase of the property. Staff recommended approval of the request. Vice Mayor Rodriguez questioned if the site plan extension would be transferable to any new owners and Attorney Cherof advised it would transfer with the title. Mayor Taylor opened the issue for public hearing. David Katz, 67 Midwood Lane, proposed the request not be granted in light of the deficiencies in the CRA's purchase of the property at twice the value of the property. Mayor Taylor closed the public hearing. Vice Mayor Rodriguez developed the fact that the cost to reapply for site plan approval would be approximately $1,000 and any major site plan modifications would need to return to the Commission for approval. Motion Commissioner McCray moved for the approval of Item VIII.A. Commissioner McKoy seconded the motion. Motion Vice Mayor Rodriguez moved, in keeping with his intent to beautify the City of Boynton Beach, for approval, with the condition that vegetation be placed on the frontage across Seacrest, of some sort of trees that would support beautification. Vivian Brooks, CRA Planning Director, agreed contingent on current and future water restrictions. Fencing and possible signage were agreeable including an attractive rendering of the proposed development. Mayor Taylor passed the gavel and seconded the motion. Commissioner Weiland indicated he was generally not in favor of granting extensions and requested further information on the need for the extension. Vivian Brooks, Planning Director, elaborated site plan extensions are typically requested as a result of erratic market changes that require reformulating the design and plans. Flipping the 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 property is the right of any owner and cannot be controlled. She stressed lack of a site plan extension would not force a builder to build, if the units cannot be sold since financing would not be available. The CRA's request was to move the project forward as quickly as possible. Vice Mayor Rodriguez called for a vote on the motion. The motion passed unanimously. B. Project: Agent: Owners: Location: Descri ption: Seaview Park Club (SPTE 07-003) Lorie Moccia, Lennar Homes Lennar Homes, LLC 1620 N. Federal Highway Request for second one (1) year site plan time extension for Seaview Park Club (NWSP 04-014) approved on February 15, 2005, from February 15, 2007 to February 15, 2008. Ed Breese, Principal Planner, reviewed the progress of the project and the current request for a 64 unit townhouse project. The applicant had completed the demolition, installed water, sewer and drainage, installed a privacy wall and the bulkhead along the Intracoastal Waterway. Michael Weiner, Weiner and Aaronson, agent for the applicant, indicated over $lM had been spent on the project to date. The applicant also received approval from the Army Corps of Engineers for the project and special conditions of approval from the City have been met for privacy walls and beautification. The market has slowed the project at this point. Mayor Taylor opened the issue for public hearing. Bob Brown, 701 South Seacrest, commented the applicant has exceeded the standards of development if the Army Corps of Engineers has approved the work in a short time period. Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Item VIII.B. Commissioner McCray seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Update on Floridan Aquifer and status of deep well conversions - Kofi Boateng Kofi Boateng, Director of Utilities, explained an update on the Floridan Aquifer would also include a status report of the water supply treatment and reuse plan. He defined water reuse, also known as reclaimed water, as treated wastewater commonly used for irrigation purposes, The original plan was for an increase of 8 mgd (million gallons a day) from the Floridan Acquifer. The West Water Treatment Plant would need to be changed to better treat the Floridan well water and provide an interconnect to transport the water to the East Water Treatment Plant for further treatment. Six or seven additional Floridan Aquifer wells would be needed to supply water to the West Water Treatment Plant. 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Mr. Boateng was hopeful that within 120 days there would be a better understanding of the allocation of water provided by the South Florida Water Management District. The current contract for water would expire in 2010. The proposed allocation of 13.73 mgd would not meet the current demands for water supply. An alternate water supply program would be required to warrant an increase in the allowance. Boynton Beach is the only municipality that currently has two successful recovery and storage wells. There is also a reclaimed water program in effect and additional users are being sought. A map was provided that displayed the current water supply plan for reclaimed water that would be online in the next two years. Mr. Boateng summarized the City was working in conjunction with the South Florida Water Management District and others to address the City's water supply and the alternative program. Vice Mayor Rodriguez discussed the water conservation program and the conflict with the Commission providing water for customers outside the City limits. Mr. Boateng agreed the policy may need to be readdressed. He did feel the City may be obligated to provide water based on a multi-party agreement reached with the County many years ago. Vice Mayor Rodriguez speculated the allocation should reflect the additional areas that the City supports. Mr. Hawkins stressed the negotiations were continuing and a major consideration will be the implementation of alternative water supply resources and plans. Commissioner Weiland expressed concern with the timeline and questioned the funds that would be needed to activate the Floridan Aquifer so the City has unlimited water. The modification of the plants has been a major step into finalizing the plan. Mr. Boateng responded the cost had been estimated at $60M to implement the plan. The reduction in the allocation has impacted the plan and the timeline for the project. X. FUTURE AGENDA ITEMS: A. Update of Recreation and Parks Strategic Plan (April 17, 2007) B. Land Development Regulations Rewrites (May 1, 2007) C. Capital Improvement Plan status report (May 1, 2007) D. Water, Sewer and Stormwater Rate Study Report (May 1, 2007) E. Revision of Fire Codes (May 15, 2007) XI. NEW BUSINESS: A. CRA Director meetings Vice Mayor Rodriguez noted monthly meetings with the Executive Director of the CRA were no longer plausible and requested, as an alternative, that the meetings continue with the Chair of the CRA board at his regularly scheduled meeting with the City Manager. Commissioner McCray requested the meeting date and times for all the Commission with the City Manager be provided so all schedules could be accommodated. 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 B. Former Board Members at Board Recognition Dinner Commissioner Weiland contended allowing the prior elected officials to attend would not be a significant cost and would be a nice gesture. Motion Commissioner Weiland moved to include the former Commissioners and their wives as well as former Mayors, with the cost to the City. Commissioner McCray seconded the motion. The motion passed unanimously. D. Code of Conduct for Elected Officials Commissioner McCray explained with the addition of new Commissioners, not everyone understood the Commissioners are elected officials who are entitled to ask questions and receive answers. The ego trips should be set aside. There is a form that all new Commissioners are required to sign that acknowledges the Code of Conduct of the City of Boynton Beach. Commissioner McCray stressed all elected officials need to be cognizant of what they are saying and how they address each other and the public. Some of the current conduct is a poor reflection on the City of Boynton Beach. Commissioner McKoy gave an overview on the history of his concern starting in 2004 when the Ordinance dealing with the conduct of the Commission was defeated by a vote of 3-2. Immediately following the meeting there was a confrontation between Commissioner McKoy and Commissioner Weiland including a request by Commissioner McKoy that Commissioner Weiland not touch him. At the March 20, 2007 meeting, there was again contact between the two Commissioners. Commissioner McKoy alleged every Commissioner has the right to conduct business from the dais in a safe manner and not be challenged. Commissioner McKoy's attempts to resolve the issue through the City Manager, City Attorney and staff were unsuccessful. A meeting was held and minutes were not taken. A synopsis of the meeting was provided to assist in understanding the problem and documenting the process. The written response received was insufficient according to Commissioner McKoy. He again requested a formal response from staff regarding the meeting that was held. Commissioner McKoy also requested the Mayor initiate a Code of Conduct that would encompass protection from battery as had occurred. Mayor Taylor responded it was his responsibility to conduct the business portion of the meeting; however, both instances involved incidents that occurred after the meeting had been adjourned. At that point, the responsibility would rest with the Police Department to monitor any misconduct and deal with it appropriately. Commissioner McKoy contended he had not felt comfortable conducting business in the Chambers after the last offense. He requested that some type of security measures be undertaken. Mayor Taylor outlined his responsibilities and claimed any physical confrontations were the responsibility of the Police Department. He did feel the conduct between the two adults was unacceptable. Commissioner McKoy requested clarification on the comment the conduct was 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 unacceptable and Mayor Taylor replied it was self-explanatory and no further comments were necessary. Commissioner McKoy suggested a workshop be held to review processes, procedures and legal ramifications of conduct while doing business within the City. Mayor Taylor did not support the idea of a workshop. Commissioner McKoy advised his suggestion was a motion. The format of the response from staff received by Commissioner McKoy was reviewed. Attorney Cherof clarified he had submitted the response as a draft of the minutes for Commissioner McKoy's edification. The document provided was not a final document as it was awaiting his input before being finalized. The final version would not have been a letter to the Commission, rather it would have been a memo to the file. Commissioner McKoy had not understood the intent of the document. Motion (restated) Commissioner McKoy moved that a workshop be conducted to address the issues of conduct of the Commission and how to conduct business and provide the respect and integrity of each Commissioner with protection. No one should be subjected to any type of physical abuse. Mayor Taylor called for a second to the motion. He declared the motion failed for lack of a second. Commissioner McCray felt a simple request among the parties would result in the wishes of either party being respected and upheld. The State and local Codes of Ethics dictates everyone's wishes should be respected. Commissioner McKoy stressed his concern related to the physical contact aspect of the confrontation. Vice Mayor Rodriguez advised there are remedies to deal with those types of issues. Commissioner McKoy had hoped the situation could be resolved amicably. He reiterated he was unaware the document provided was intended as a draft. Attorney Cherof advised in two separate conversations the document had been referred to as a draft for review. Motion Commissioner McCray moved, as elected officials of the City, that has remedies in place, that individuals keep their hands to themselves to resolve the issue. Mayor Taylor noted a motion would not stop the conduct. Mayor Taylor called for a second to the motion. The motion died for lack of a second. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Also amending Ordinance 05- 060 to exempt single family and two family in-fill residential housing. (Tabled to April 3, 2007) Motion Commissioner McCray moved to remove Proposed Ordinance 07-002 from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance 07-002 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Mayor Taylor commented workforce housing was desperately needed in the City. He suggested an amendment to reflect the cost of the workforce housing would not be included in the total amount of the project used to calculate the art fee. Debby Coles-Dobay, Public Art Administrator, pointed out the exemption did exist in the proposed ordinance. Attorney Cherof confirmed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-002. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 07-007 RE: Amending the Land Development Regulations of the Code of Ordinances, to create a new Article X., Workforce Housing Program, providing for regulations and incentives to build workforce housing to ensure that the City has sufficient workforce housing; providing for the ability to amend a land use designation to Special High Density Residential, Mixed-Use or Mixed-Use Core providing that workforce housing units are created pursuant to the terms of this ordinance; providing a savings clause and a general repealer clause. 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Attorney Cherof read Proposed Ordinance No. 07-007 by title only. Mayor Taylor opened the issue for public hearing. Christopher Roog, Director of Government Affairs for the Gold Coast Builders' Association, noted the Association was against any inclusionary zoning ordinance because it does raise the cost of the majority of houses within a development. He did thank the Commission for taking steps to reduce the barrier for workforce affordable housing such as the impact fees. He asked for consideration of the option, in lieu of fees, for a reduction of $20,000 in each category. Vivian Brooks, CRA Planning Director, responded the in lieu of fees number related to the cost to get a family in a home. She submitted a letter from the developers of The Preserve discussing the program in place as a buy down of the unit prices on 50 units. The subsidy remains high ranging from $50,000 to $125,000 after the buy down of $60,000. The in lieu of fees assist in closing the affordability gap. The market has driven the amount of the fees. She stressed the in lieu fees apply only to luxury housing and not the vast majority of development that would occur. Ms. Brooks agreed the provisions should be reviewed annually to accommodate the changing markets. Mr. Hawkins suggested the data be collected over time and adjustments made as the market and development opportunities continue to change. Mayor Taylor thought the workforce housing should get off the ground as soon as possible and decreasing the values to $60,000 for the one bedroom, $80,000 for the two bedroom and $100,000 for the three bedroom would assist in starting the revenue flow. A clause could be added to the ordinance to re-evaluate the funding every December. Vice Mayor Rodriguez suggested the matrix of the zoning designations and density levels be added to the ordinance. There was agreement to add the matrix to the ordinance. Motion Mayor Taylor moved to change the buy down to $60,000, $80,000 and $100,000. Commissioner Weiland seconded the motion. Commissioner McCray questioned the impact of the decreases. Ms. Brooks replied the implication would be less money for down payment assistance if luxury developments come to Boynton Beach. The CRA has allocated $2.5M for down payment assistance. Octavia Sherrod, Community Development Manager, emphasized only one third of the monies can be given to moderate income home buyers. Attorney Cherof suggested the motions be made at the conclusion of public audience and then adopt the ordinance first, then vote on the amendments individually. 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Chuck Magazine, 556 SE 28th Avenue, recommended deletion of the off site option entirely and require all developers to provide some workforce housing. If the decision is made to include the off site option the minimum should be increased from $500,000 to $750,000. Mayor Taylor closed the public hearing. Attorney Cherof advised the amendments discussed at the last meeting were already included in the ordinance to clarify the application to site plan extensions. Quintus Greene, Director of Development, cautioned if the density levels were added to the ordinance it be understood the program is voluntary and the density levels are not automatic. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-007. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Vice Mayor Rodriguez repeated his motion to add the zoning matrix to the ordinance. Commissioner Weiland seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting.) Motion Mayor Taylor repeated his motion to change the payments in lieu of, for the first year until December, 2008, to $60,000, $80,000 and 100,000 respectively to one, two and three bedrooms. Vice Mayor Rodriguez seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting.) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-008 RE: Approving lobbyist regulations providing for title, purpose, definitions, registration, record of lobbying contacts, cone of silence, enforcement and penalties and repeal of laws in conflict. Attorney Cherof read Proposed Ordinance No. 07-008 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-008. Commissioner McKoy seconded the motion. 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Vice Mayor Rodriguez clarified the lobbying ordinance would apply to advisory boards. Attorney Cherof confirmed the ordinance would apply to all boards. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 07-009 RE: Amending Chapter 15 of the Code of Ordinances, "Offenses-Miscellaneous" to add a new Article XII, Titled "Loitering". Attorney Cherof read Proposed Ordinance No. 07-009 by title only. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-009. Commissioner McCray seconded the motion. Bob Brown, 701 South Sea crest, suggested the ordinance should be published because it was so encompassing and individual rights may be jeopardized. He also felt better communication between the residents and the Police Department would be beneficial. Sergio Casaine, 13 Meadows Park Lane, recalled he had not been permitted to speak on an ordinance on first reading, yet Mr. Brown was allowed to speak. He asked if the procedure had now changed. Mayor Taylor agreed the understanding had been public comment was not permitted on first reading. However, Mayor Taylor pointed out there was a conflict and the City Attorney would be reviewing new guidelines for the meetings. Mayor Taylor commended the Police Department and City Attorney for their efforts in writing a comprehensive ordinance that will be proactive in implementing the restrictions. He emphasized those people not engaged in criminal activity would not be affected. He announced a meeting would be held with Mayors from surrounding municipalities to encourage similar regulations for the entire region. Vice Mayor Rodriguez stressed community outreach with the youth crime prevention program is another prong of defense to gang membership. Grant monies have been applied for and meetings held to organize the program for implementing the program for the community to help children cope with the influences of gang membership. Vote City Clerk Prainito called the roll. The motion passed 5-0. Commissioner McCray asked for an update on the use of the grant monies received for the youth program. Vice Mayor Rodriguez responded the staff positions have been advertised, the structure of the organization has been developed in draft format, office space is being 22 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 investigated and the program is being implemented. An update would be given to the Commission within the next two City Commission meetings. D. Resolutions: 1. Proposed Resolution No. R07-040 RE: Addressing the presence of criminal street gangs in the City and the surrounding communities and establishing the need to deter criminal gang activity throughout proactive law enforcement and legal action. Motion Commissioner Weiland moved to approve Proposed Resolution No. R07-040. Commissioner McKoy seconded the motion. The motion passed unanimously. E. Other: 1. New procedure for Community Investment Funds. Attorney Cherof reviewed the new procedure and explained the determination of spending public funds for public purpose would lie with the City Commission rather than City staff or the Legal Department. Commissioner McKoy was concerned with a lack of accountability being created. Attorney Cherof pointed out a Commissioner would not bring any matter for a vote that would not serve a public purpose. Secondly, the Commission must approve the expenditure in a public forum. Attorney Cherof advised the matter could be brought back in the form of a resolution for the Commission's review. Mayor Taylor requested permission to follow up with the County Attorney's office to share her research on the validity of waiving impact fees. It was agreed the Mayor could write a letter. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:05 p.m. 23 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2007 Ja et M. Prainito ty Clerk ~. ,!Zf!Zf2 ,/-1:.. .J_ udith A. Pyle . Deputy City Clerk ( 04/05/07 ATTEST: Yn.~ 24