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Minutes 05-01-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 1, 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 C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Commissioner McKoy. Commissioner Mack McCray led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy requested an addition to approve the use of his discretionary funds in the amount of $1,500, for the MDA Foundation educational tour to Orlando. Commissioner McCray noted he had already pledged $3,000 that could be added also. Commissioner McCray also wanted to discuss the minutes from the Code Compliance meeting held on April 16, 2007 which could be heard under XI. New Business. Vice Mayor Rodriguez asked to include the use of $1,000 of his discretionary monies for the Police Athletic League (PAL) and the tournament they would be attending. Mayor Taylor also asked to contribute $1,000. Commissioner McCray requested a donation of $2,000 to PAL also be considered. Commissioner McCray further requested that $2,000 of his discretionary funds be donated to the Poinciana Odyssey of the Minds program. Commissioner McKoy joined in the request to add $1,000 of his funds for the same program. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTH ER: A. Informational Items by Members of the City Commission Commissioner Weiland requested the City Clerk review the minutes from the last meeting and add his comments relating to the Ocean 95 project. Mayor Taylor noted the property tax issue pending in the legislature would drastically cut revenues and may impact the discretionary funds of the Commission members. Various schools had been requesting monies to support trips and programs for the students, plus organizations such as the PAL projects. He cautioned those funds may no longer be available. The Boynton Beach Symphony Orchestra had also been soliciting for funds. This particular group was dear to Vice Mayor Ensler before his demise, as he served on their board. They were asking that a member of the Commission serve on the board if anyone would be interested. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS: A. Announcements: 1. 1 st Annual Blanche Hearst-Girtman, Scholarship Luncheon to be held on May 12, 2007 at 11 a.m. in the R.M. Lee Fellowship Hall, 900 NE Sea crest Blvd. The donation amount is $30. All proceeds would be issued to High School Seniors entering college. Mayor Taylor read the announcement and explained the funds would go to high school seniors going to college. Ms. Hearst-Girtman has done extensive work in the community supporting youth. Commissioner McCray stressed there would be qualifications that would have to be met. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Public Works Week - May 20 - 26, 2007 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Mayor Taylor proclaimed the week of May 20-26, 2007 as National Public Works Week and presented the proclamation to Jeffrey Livergood, Director of Public Works and Engineering. The theme for the annual observation is Public Works - Moving Life Forward b. Nurses Week - May 6 - 12, 2007 Mayor Taylor read the proclamation for Nurses Week being observed May 6 - 12, 2007. c. National Day of Prayer - May 3, 2007 Mayor Taylor proclaimed May 3, 2007 as the National Day of Prayer and reflection, to be observed by all religions that exist within the City of Boynton Beach. 2. Presentation of the 9-30-2006 City of Boynton Beach Annual Financial Report as presented by Ed Holt and Ron Bennett from Nowlen, Holt & Miner. Edward Holt, Auditor, gave an overview of the report based on the auditing standards. The objective of the state-required audit is to determine if the financial statements have been fairly presented. Mr. Holt noted an unqualified or clean opinion had been offered. He reviewed the financial highlights of all revenues and expenses. The total assets minus total liabilities gave an $80M excess. Commissioner McCray requested clarification on the Community Redevelopment Agency (CRA) financial information. Mr. Holt responded the CRA finances were not combined with the City of Boynton Beach. The CRA finances are presented in a discreet manner. Mr. Holt continued with his review noting the general fund showed $25M of unrestricted net assets representing 43% of current expenses. The desired minimum level is 25% representing three months of expenses. $7M has been designated for emergency/disaster. The $25M was not an unreasonable amount. The single audit conducted was also unqualified with no reportable conditions. The management letter contained two comments carried over from the prior period which were being addressed. Mr. Holt emphasized the report is a comprehensive financial statement and the City of Boynton Beach has been awarded the Certificate of Financial Excellence in Reporting by the GFOA. Only a couple of municipalities, other than Boynton Beach, prepare the required documents. Commissioner McCray requested an update on the purchase of surety bonds. Bill Mummert, Director of Financial Services, replied the purchasing policies were being revised and a purchasing manual created. The surety bonds were also being reviewed. The method of disposing of City-owned vehicles was discussed. Mr. Mummert confirmed the current method would continue. Vice Mayor Rodriguez clarified the financial statements were being audited and were not just a report. 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Motion Commissioner McCray moved to accept the presentation by Ed Holt and Ron Bennett from Nowlen, Holt and Miner. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor extended congratulations to the entire Finance Department, noting it was the 28th consecutive year the City of Boynton Beach had received a Certificate of Excellence in Financial Reporting. Boy Scout Troop 395 was recognized by Mayor Taylor and presented with City of Boynton Beach pins. The group was present to earn points toward their citizenship badges. He also thanked the leaders who took the time to guide the young men in their lives ahead. 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) Kathy Romeo, 303 SW 7th Street, spoke in relation to the Ocean 95 Exchange northern access route. She recalled Mayor Taylor's remarks at a previous meeting regarding keeping the kids inside to avoid the traffic and referenced a magazine article expounding the benefits of physical activity for children. She contended the route on Ocean Drive would impact Hibiscus Park that was a valuable resource to the neighborhood. Also the cutting down of older trees would not be environmentally sound leadership. Ms. Romeo complained adequate notice of the discussion relating to the project had not been given. She suggested verbatim records of meetings should be taken. She also requested a 10 foot cement wall be constructed around the project. Jeff Morgan, 745 SW 1st Court, inquired if there had been a review of the 1926 Seaboard Railroad Station when the Ocean 95 proposal was submitted, as required for historic preservation. Mayor Taylor was unaware of any study. If not, Mr. Morgan suggested the City may be in violation of its own ordinance and should backtrack. James Bogart, 721 SW Lake Court, President of the Palm Beach Leisureville Association, brought an appeal from his community and joined in support of the Lake Boynton Estates homeowners, against the Ocean 95 Exchange project and traffic routes. Mr. Bogart expressed concern with the change in direction by the Commission on the proposed route. He proposed the change in the traffic route sabotaged the efforts of the visioning team to revitalize the community. Brenda and Rufus Allen, 305 East Ocean Avenue, asked for any possible assistance so she and her husband could continue to operate a mobile barbeque stand within the City of Boynton Beach. Mayor Taylor explained the problem was they did not have a license to operate a business within the City of Boynton Beach. Quintus Greene, Development Director, advised that 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 portable food stands were not allowed within the City. A change to the Code could be considered by the Commission, if requested. Motion Commissioner McCray requested the matter be included on the next agenda. Commissioner McKoy seconded the motion. The motion passed unanimously. Victor Norfus, 261 North Palm Drive, reiterated his request for assistance with the International Youth Summit that would be addressing issues of violence among youth and utilizing non-violent methods to deal with violence. He had spoken with both the Police Department and the Neighborhood Services Department. Mr. Bressner suggested the funds may be available through drug forfeiture funds. There were no funds available through Neighborhood Services. Mayor Taylor and Vice Mayor Rodriguez agreed to donate $500 each from their discretionary funds for the program. Matt Burger, 221 SW 6th Street, expressed his dismay with the current status of the Ocean 95 Exchange access route. He read definitions of the words duty and conscience and indicated the purpose of the Code was to prevent haphazard, premature, uneconomic, scattered land development and ensure safe traffic control and economic stability. Carol Mahoney, 737 SW 1st Avenue, expressed her disappointment that the funding for the northern route for the Ocean 95 Exchange project had not passed. She stressed the children in the community would be the most adversely affected by the change in the route. Many children from the neighborhood are required to use the same route to walk to and from school. Ms. Mahoney contended Hibiscus Park would also be a casualty of the development and truck route. Mike Rinkman, 518 Industrial Avenue, related the Industrial Avenue roadway to his business is now a substandard road and any added traffic to the route would deteriorate the road even more. The traffic would be very problematic for the existing businesses. Vinola Rada, 718 SW 3rd Avenue, indicated her dissatisfaction with the unfavorable vote regarding the northern access to the Ocean 95 Exchange project. She accused Commissioner McCray of rescinding his previous remarks and felt he was no longer credible. Ms. Rada suggested the lack of television coverage resulted in the unfavorable vote. She contended Commissioner Weiland had just recently taken office and was ill prepared to vote on the issue. Ms. Rada accused Mayor Taylor of playing with people's lives and their rights. She suggested the Commission should be more transparent and be responsible to the citizens. Ms. Rada did not feel eminent domain was detrimental when it served a purpose for the greater good, especially if the property owners were willing sellers. Jonah Tennant, 653 SW 4th Avenue, thanked so many of the residents for appearing at the meeting and advised they were in for the long haul. 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Lance Chaney, 238 Birch Street, Pastor of St. John Baptist Church, was concerned with the progression of the Youth Violence Program and how the funds were being utilized. The program was not moving quickly enough to address upcoming youth activities when school was closed for the summer. He was especially concerned with the large amount of funds being used for administrative costs leaving funds available to assist a very small number of youths. The proposed RFP process would be very time consuming. Rev. Chaney questioned if the program was being given the priority status it deserved and the commitment of staff. Mr. Bressner responded three positions were to be funded through the program for the staff support needed as well as the steering committee. Vice Mayor Rodriguez explained he was designated to coordinate the project and the three positions were needed to be fully dedicated to the project. The scope of the project includes the entire City, not a mere distribution of funds. It needs to be coordinated and a steering committee had been established to manage the programs and funding. Vice Mayor Rodriguez asked for Rev. Chaney's patience so the program could be as effective as possible in combating violence across the City. Rev. Chaney contended it was time to move the program forward instead of talking about the project. Herbert Rothchild, of Polyplastic Packaging on Industrial Avenue, agreed with the recommendation of staff and suggested the practical result was the trucks would take the easiest route. Gary Leonards, 619 SW 2nd Avenue, expressed his dismay that the Commission had reversed the previous decision to pursue the northern route. He urged the Commission to revisit the issue and return to the plan for the northern route. Terri Iiames, 656 NW 1st Avenue, suggested an alternative route from Woolbright going north. Mayor Taylor added that route had been investigated and it was unacceptable. Mr. Bressner advised the property is privately owned. She alleged the traffic would be significantly impacted and perhaps the project should not be approved for as large as planned, to reduce the traffic flow and increase the safety of the children along the route. J. Emile, 215 SW 6th Street, explained the current use of the Park and the safety issue that would arise with larger trucks traveling the roads surrounding the Park. Carol Fretwell, 713 SW 3rd Avenue, reviewed the changes in the neighborhood over the past 30 years. She did not understand the recent events regarding the project and asked for clarification. Visibility of the truck drivers is limited and creates hazards. Mayor Taylor explained at the last meeting it was decided the northern route would not be pursued. The original plan for the developer to improve the roads and park would be outlined. Michael Ferri 317 SW 7th Street, alleged the issue was the children and their safety, plus the veracity of the Commission and trust of the community. He indicated the community would continue to pursue their interests. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Lee Wische, 1302 SW 18th Street, Chair of the Planning & Development Board, discussed the changing population and needs of the residents for housing, safety, waste disposal, water and amenities. The challenges to meet the needs of all the residents will become greater as a predicted resurgence of the area will naturally evolve. It is important for the City to be prepared to meet the challenges of the future. The Planning and Development Board looked forward to meeting the needs ofthe people and the Commission. Charlotte Ferri, 317 SW 7th Street, suggested one house, a material thing, was not as important as an entire neighborhood. Mayor Taylor announced two neighboring households had contacted the City and indicated if the one house was taken, the next two houses would also need to be bought. Ms. Ferri also suggested rezoning the industrial land in a residential area. Mayor Taylor advised rezoning would not be permitted at this stage. Bob Brown, 701 S. Seacrest, contended Quintus Greene had directed him to come before the Commission and request a change of rules to allow a boat dock without a house, as an ancillary structure to make use of his property. Mr. Brown requested the Commission change the rule. Quintus Greene, Director of Development, contradicted Mr. Brown's assertion and clarified his role was to administer the Code and the Commission's role was to change the Code if needed. It would be Mr. Brown's responsibility to convince the Commission to change the Code. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(3) II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(3) IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Cemetery Board Alt 9 mo term to 12/07 Tabled(3) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled(3) II McCray Code Compliance Board Reg 33 mo term to 12/08 III Rodriguez Community Relations Board Alt 9 mo term to 12/07 II McCray Community Relations Board Alt 9 mo term to 12/07 Tabled(3) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(3) II McCray Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(3) 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Commissioner McCray appointed Loretta (Lori) Wilkinson as a regular member of the Education and Youth Advisory Board. Motion Commissioner Weiland moved to accept the appointment. Commissioner McKoy seconded the motion. The motion passed unanimously. III IV IV Mayor Rodriguez McKoy McKoy Taylor Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Alt Alt Stu Stu N/V 9 mo term to 12/07 Tabled(3) 9 mo term to 12/07 Tabled(3) 9 mo term to 12/07 Tabled(3) 9 mo term to 12/07 Tabled(3) III Rodriguez Golf Course Advisory Committee Alt 5 yr term to 6/11 Vice Mayor Rodriguez appointed Frank Scicchito as an alternate on the Golf Course Advisory Committee. Motion Commissioner Weiland moved to accept the appointment. Commissioner McCray seconded the motion. The motion passed unanimously. II McCray Library Board Alt 9 mo term to 12/07 Tabled(3) Motion Commissioner McCray appointed Sanford Mendelsohn as an alternate member of the Library Board. Commissioner McKoy seconded the motion. The motion passed unanimously. Mayor Taylor Library Board Alt 9 mo term to 12/07 II McCray Recreation & Parks Board Reg 3 yr term to 4108 Tabled(3) Motion Commissioner McCray appointed Kurt Godfrey as a regular member of the Recreation & Parks Board. Commissioner McKoy seconded the motion. The motion passed unanimously. IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Senior Advisory Board Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor appointed Virginia O'Connell as an alternate member of the Senior Advisory Board. 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Motion Commissioner McKoy moved to accept the appointment. Commissioner Weiland seconded the motion. The motion passed unanimously. Weiland Senior Advisory Board Alt 9 mo term to 12/07 IV Mayor I McKoy Taylor Weiland Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt Alt Alt 9 mo term to 12/07 Tabled(3) 9 mo term to 12/07 Tabled(3) 9 mo term to 12/07 Tabled(3) Motion Commissioner McCray moved to table the remaining appointments. Commissioner McKoy seconded the motion. The motion passed unanimously. 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 - April 13, 2007 2. Regular City Commission - April 17, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. None C. Resolutions 1. Proposed Resolution No. R07-049 RE: Approving and authorizing a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) to add GAP Financing strategy in an effort to further assist eligible very low, low, and moderate income applicants to purchase homes within the City of Boynton Beach. 2. (Intentionally left blank. Item moved to VLH.) Vice Mayor Rodriguez pulled item VI.c.1. for discussion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 D. Approve the "CORTINA PUD REPLAT', a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Approve the reduction of a cash surety for Boynton Town Center Project from $108,109.54 by 90% to $10,810.95. F. Authorize the use of $2,000 for the PAL Organization from Commissioner Weiland's Community Investment Funds. G. Authorize the use of $1,000 for the PAL Organization and $1,000 to Delray Boynton Academy from Commissioner McKoy's Community Investment Funds. H. Authorize the appropriation of $27,900 from unobligated General Fund Reserves to help offset cost of petition gathering process or proposed referendum on home rule per Resolution 07-013. Commissioner McKoy pulled item VI.H. for discussion. Motion Commissioner McCray moved to approve the consent agenda items with the exception of VI.c.1. and VI.H. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. c.1. Proposed Resolution No. R07-049 RE: Approving and authorizing a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) to add GAP Financing strategy in an effort to further assist eligible very low, low, and moderate income applicants to purchase homes within the City of Boynton Beach. Vice Mayor Rodriguez asked if the entire $lM would be moved over. Octavia Sherrod, Community Improvement Manager, indicated the request was to add another activity to the strategy for new housing. She explained this was the first year that the SHIP fund allocation had been exhausted. It was anticipated not all of the funds would be used prior to hurricane season. Plus, additional monies would be allotted in the new fiscal year. Mr. Bressner suggested the Commission approve the transfer with a caveat that disaster financing would take priority over GAP funding. Motion Commissioner McCray moved to approve Item VI.c.1. as stated by the City Manager. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 VI.H. Authorize the appropriation of $27,900 from unobligated General Fund Reserves to help offset cost of petition gathering process or proposed referendum on home rule per Resolution 07-013. Commissioner McKoy questioned the total expense in relation to the City of Boynton Beach's share of the expense. It was determined Mr. Bressner would attempt to confirm the figure requested and Item VI.H. would be discussed later in the meeting. The procedural issue of adding items to the agenda was discussed. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Descri ption: Rewrite of Land Development Regulations Progress report, proposed definitions and proposed work schedule. Mike Rumpf, Planning and Zoning Director, presented the Rewrite of Land Development Regulations relating to proposed definitions and gave an overview of the proposed schedule of rewrites. It had many years since a comprehensive rewrite was undertaken It was agreed a complete presentation was not needed and Mayor Taylor commended staff on their work and continued progress. Mr. Rumpf summarized the definition aspect was the elementary section of the entire code, but an incredible work effort of staff to produce a cohesive document. The proposed work program is very aggressive and includes constant deliverables. The use matrix will be the next section to be presented. Motion Commissioner McCray moved to accept the recommendations. Commissioner Weiland seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Capital Improvement Plan status report 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Jeff Livergood, Director of Public Works and Engineering, and Bill Mummert, Director of Financial Services, presented the report. Initially, Mr. Livergood explained the heating and cooling issues within Chambers were being addressed and added to the Capital Improvement Plan for immediate renovation. The status report on the Capital Improvement Plan was presented as a check and balance system to gauge the needs of the community, direction of the Commission and the necessary funding available for the projects. Changes that were made since the initial plan for the 06/07 budget year were presented. The most significant change was the increase in funding for the Public Works facility. The compound is tight and cramped, but fully operational. The relocation of the facility was based on the desire to redevelop the area in the Heart of Boynton. Therefore, the entire funding source had been shifted to CRA reimbursement. This relieved funds from the General Fund to be used for other projects. Mr. Bressner explained if the Public Works facility had to be relocated, the cost should be borne by either the CRA or the developer rather than all citizens of the City of Boynton Beach. The City would sell the property to the CRA and then use the proceeds of the sale to build a new compound. Commissioner McCray inquired if the legislature reduces or changes the tax revenue funding, would it impact the capital improvement plan. Mr. Livergood replied it would definitely effect the projects planned. Mr. Mummert pointed out a reduction of property tax revenues would necessitate significantly reducing expenditures or investigating other revenue sources. Public Service Tax revenues are split with 43% going to the General Fund and the remainder going to CIP and to pay the City's debt. If the pending legislation would be passed, those monies from the Public Service Tax would need to be transferred into the General Fund. Also the local option gas tax is divided at this point, however, all those monies may have to be transferred to the General Fund. Some funds are restricted to specific use, but would offset the revenue losses. There could be no debt service for any additional projects. Vice Mayor Rodriguez determined the CIP did include funding for the north access for the Ocean 95 Exchange project. It was Vice Mayor Rodriguez's opinion that the latest vote on the project did not defeat the project. Attorney Cherof advised on April 17th a joint funding agreement for the north access was defeated. The previous Commission action approved proceeding with the north access route which passed unanimously. Prior to that, the site plan had been approved. If the funding were not approved, that portion of the project would not proceed, however, the site plan would remain intact. Vice Mayor Rodriguez pOinted out the funding had not been presented to the Commission at this time. Commissioner McKoy asked for the balance of the unrestricted funds account in the general fund. Mr. Mummert replied the balance was $25M. Attorney Cherof concurred with Vice Mayor Rodriguez that the last vote on the Ocean 95 Exchange Plaza did not delete the funding for the project. Mayor Taylor and Commissioners Weiland and McCray advised they understood the last vote would end any funding for the project. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Attorney Cherof reiterated in January the Commission received clarification of the funding and authorize the transfer of $750,000 from the General Fund to the CIP budget for the project. The Commission then approved the northern route. It would be inferred the Commission approved funding for the northern route. The dollars were appropriated at that time. Attorney Cherof further indicated the issue at the last meeting related to the developer's burden to add funds to offset the cost of doing the north route. The Commission rejected the joint funding agreement. There was no motion to reconsider the issue of approving the north route. Vice Mayor Rodriguez commented there was $25M in the unobligated portion of the General Fund. The Commission had promised to change this route and many residents had appeared pleading for integrity in the original decision that was made. He asked Mayor Taylor and Commissioners Weiland and McCray to reconsider their previous intentions and move forward for this neighborhood. Commissioner Weiland confirmed a determination of public purpose or public necessity was required for eminent domain proceedings. The northern route would require the taking of private property to provide public access to a private establishment. Attorney Cherof clarified the access would be an alternate route, since access to the property already existed. Mayor Taylor commented there would remain an enforcement issue to assure only one road would be used. He noted tax relief of some kind was inevitable and hard decisions would have to be made. The taking of a person's home to divert truck traffic past houses in one area to another area was not appropriate. Vice Mayor Rodriguez suggested the project could be moved forward and the funding could be revisited as the project progressed. Mayor Taylor pointed out two people came forward and expressed their disagreement with the trucks using Industrial Avenue. Commissioner Weiland remarked he had lived in the City for a significant number of years. Every homeowner has a responsibility to know where they are purchasing property. The industrial area has always been in the area. Similar projects had successfully been done throughout the City involving residential areas adjoining industrial sites. Traffic increases are part of redevelopment. (Vice Mayor Rodriguez left the dais.) Commissioner McCray commented the same group of individuals also fought the Krispy Kreme project and the same individuals did not want to sell their homes. Motion Commissioner Weiland moved to remove the funds for the northern access route from the CIP budget. Commissioner McCray seconded the motion. (Wce Mayor Rodriguez returned to the dais.) 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Commissioner McKoy asked that the motion be amended to include having staff come back with options to fund the project for the northern route. Commissioner McCray did not understand a need for staff to provide the information. Motion Vice Mayor Rodriguez suggested a substitute motion to move forward and try to find the monies elsewhere. Commissioner McKoy moved to ask staff to investigate options as to how the project could be funded. Vice Mayor Rodriguez seconded the motion. The motion failed 2- 3. (Mayor Taylor, Commissioners Weiland and McCray dissenting.) Mayor Taylor called for a vote on the original motion to remove the monies from the CIP budget for the funding of the northern route. The motion passed 3-2. (Vice Mayor Rodriguez and Commissioner McKoy dissenting.) Mr. Livergood continued with the CIP update. Mostly maintenance type projects remain in the budget, such as micro-resurfacing, sidewalk replacement and carpeting replacement to meet Americans with Disabilities Act requirements. Roof replacement and air handler replacement, plus updating the Children's School House Museum were included. Fire Station #5 continued funding with the fire assessment dollars along with more value engineering. All revenues have been appropriately assigned and staff has listed the necessary capital projects relating to maintenance of existing structures. B. Direct City staff to initiate text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts Commissioner Weiland pointed out South Tech already exists in an industrial use area. Mr. Bressner noted the current request is for a change in an M-1 district. Mr. Rumpf noted the M-1 district was originally written to allow for industrial type schools that would be compatible. The proposed change would accommodate the more conventional type school. Preservation of industrial sites would be paramount. A recommendation of size limitations would be appropriate rather than large campus type schools. Mr. Greene added an existing charter school within the City was being forced from its present location in Boca Raton. If approved, there would be no guarantee that the charter school move back to Boynton Beach, could be accomplished by the beginning of the next school year. Mr. Bressner pointed out the conditional use would allow the Commission to review each request on a case-by-case basis. Commissioner Weiland related the owners of the school had met with him and he felt the school offered many advanced classes and steps were being taken to ensure the safety of the students 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 while at the school. He felt more information should be gathered before any zoning changes were made that may allow unwanted uses, especially if the school did not succeed. Vice Mayor Rodriguez opposed the change because it was similar to the situation on Ocean Drive of putting children at risk in industrial areas. Mayor Taylor agreed with Vice Mayor Rodriguez and emphasized there might be a negative impact on the existing businesses in the area. Commissioner McKoy agreed there was safety concerns and traffic hazard. Mayor Taylor declared the direction was the Commission did not feel the change should go forward. X. FUTURE AGENDA ITEMS: A. Water, Sewer and Stormwater Rate Study Report (May 15, 2007) B. Revision of Fire Codes (May 15, 2007) XI. NEW BUSINESS: Commissioner McCray indicated he believed in ethics and professional conduct whether on a board or City elected officials. He read the following excerpts from a verbatim transcript of the Code Compliance meeting held on April 16, 2007 relating to Ralph & Rosie's. "Chair Costantino: All opposed? Motion carries. You're welcome. Mr. Foot: You can buy us beers afterwards. (Laughter)" 'Then later the following comment was made.' "Mr. Cook: If that's what it takes. Would consider alcohol instead?" Commissioner McCray noted, while the comments may have made in jest, all public officials should be cognizant of what they say and how it is said and everyone should be more serious. Commissioner McKoy referred to a letter he had received from a constituent concerned about Code violations by members of the Code Compliance Board. Everyone should be in compliance with all the necessary Codes, especially members of the Code Compliance Board. Commissioner McKoy indicated he would discuss the matter with the appropriate parties. Vice Mayor Rodriguez indicated he had also received a copy of the letter that did not give a name or an address or who sent it. Every citizen has the right to call and report Code violations. The issue is to conform. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Robert Foot, Member of the Code Compliance Board, came forward and pointed out the Board had not seen or approved the minutes that had been read. Commissioner McKoy called for a point of order that Mr. Foot's comments were inappropriate and should not be allowed. Mr. Bressner clarified the minutes were from a verbatim transcript of the discussion that took place and prepared at his request, based on the request of a Commissioner. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-010 RE: Amending Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments as permitted by Florida law. (Request tabling to May 15, 2007 to comply with Notice Requirements) C. Ordinances - 1st Reading None D. Resolutions: 1. Proposed Resolution No. R07-046 RE: Approving the revision of the procedures governing expenditures of Community Investment Funds; rescinding conflicting provision of previous resolutions and policies governing the procedure for expenditures of Community Investment Funds. (Tabled on April 17, 2007) Motion Commissioner McCray moved to remove Proposed Resolution No. R07-046 from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McKoy moved to continue the process as presently followed as it did provide accountability and transparency in the distribution of the funds. 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 Vice Mayor Rodriguez agreed the current system was working well; however, many items were done impromptu and may not have followed due process. Mr. Bressner indicated the change was requested to liberalize the process. Mayor Taylor inquired if additions to the agenda would not be possible. Mr. Bressner suggested additions be discussed at the preagenda meetings. Commissioner McKoy felt amendments to the agenda would be appropriate when the information was available to the entire Commission. Motion Commissioner McKoy moved to deny Proposed Resolution No. R07-046. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. E. Other: None XIII. UNFINISHED BUSINESS: VI.H. Authorize the appropriation of $27,900 from unobligated General Fund Reserves to help offset cost of petition gathering process or proposed referendum on home rule per Resolution 07-013. The Commission returned to Item VI.H. Mr. Bressner reported the total expenditure for the petition drive would be approximately $230,000 to $260,000 county-wide. The total cost for the petition drive and campaign would be approximately $460,000. The share for the City of Boynton Beach would be the $27,900. Motion Commissioner McKoy moved to approve Item VI.H. Commissioner McCray seconded the motion. The motion passed unanimously. XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:41 p.m. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 1, 2007 ATTEST: CITY OF BOYNTON BEACH: f 18