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Minutes 06-19-07 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON JUNE 19, 2007 AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ronald Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cheraf, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Reverend Greg Fitch, Police Chaplain, followed by the Pledge of Allegiance to the Flag led by Commissioner Carl McKoy. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested a discussion on the truck route be added to the agenda. Mayor Taylor noted it could be added to the agenda under XI. New Business, Item c.; however, no action could be taken on the item until the next meeting. Commissioner Weiland asked that a resolution for a vote be added to Item A. under XI. New Business. 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 Mayor Taylor recognized the presence of Mary McCarty, County Commissioner and welcomed her to the meeting. 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Mayor Taylor announced Marie Horenburger, a long time City official, was scheduled to undergo brain surgery and asked that everyone keep her in their thoughts and prayers. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Salute to Independence, Wednesday, July 4, 2007, from 6:30 - 9:30 p.m. at Intracoastal Park. FREE EVENT. A concert with Ovation Band begins at 6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky. Food and beverage vendors will be on-site. Kathy Biscuiti, Special Events Manager, presented a short video currently playing on BBlV announcing the Salute to Independence celebration. Ms. Biscuiti added the Police and Fire Honor Guards would be present for the Patriotic Salute. 2. The Boynton Beach City Hall complex will be closed on Friday, June 22, 2007, to allow for the installation of new emergency power generators. Fire and Police service will not be affected. Other City facilities will maintain their normal business hours during the shutdown. City Hall will reopen on Monday, June 25, at 7:30 a.m. Mayor Taylor explained the City Hall complex would be closed on June 22nd for the installation of new emergency power switches. Fire, Police and all other City facilities would be open and operational. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Clean Beaches Week - June 29 - July 5, 2007 Mayor Taylor read the proclamation declaring the week of June 29 thraugh July 5 as National Clean Beaches week and presented it to Gary Solomon, President of Sand Sifters. Mr. Solomon thanked the Recreation and Parks staff for their cleanup efforts and also thanked all the citizens who use the beaches and assist in collecting trash. 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 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) Herb Suss, Quail Run, demanded a response regarding Intown's financial records, previous development records and the tripartite agreement. Mr. Bressner responded the documents have not been pravided as yet fram Intown. Mayor Taylor added all the information that has been provided is available and open to the public. Commissioner Weiland clarified the procedure that questions raised during public audience were answered by staff following the meeting. Mayor Taylor explained under Robert's Rules all questions are addressed to the Chair and if responses are offered, the Chair decides if they are offered during the meeting. Jerry Broening, 820 North Road, expressed concern that the City's reputation and credibility was deteriorating. He recalled the City had successfully improved its image as an objective of Vision 20/20 several years ago. Recent polarizing, impetuous and intemperate remarks from Commission members had comprised the City's image in Mr. Broening's opinion. He stressed the authority of the elected officials arises when voting as a Commission and not on an individual basis. Mr. Broening suggested the Commission give more thought to their words and action, for the betterment of the City of Boynton Beach. Pamela Owens, 7887 North Federal Highway, Boca Raton, discussed the Old Boynton Beach High School and requested the Commission re-evaluate the Boynton Beach restoration group proposal. She suggested the Commission take control of the Old Boynton Beach High School to resolve the issue of restoring the building as a school. Wayne Owens, 7887 North Federal Highway, Boca Raton, Principal of the Charter School of Boynton Beach, again requested space for the school and reviewed the previous contacts with the Community Redevelopment Agency and submittal of a proposal for the Old High School. He requested consideration from the Commission regarding his praposal. Victor Norfus, 261 North Palm Drive, noted the number of citizens present at the meeting and urged the audience to attend the Community Relations Board meetings and bring their concerns to the Board for their assistance. He reviewed many recent prajects undertaken by the Community Relations Board to illustrate their involvement in community issues. Dominic Desidario, 2755 South Federal Highway, referred to a letter he received fram Mayor Taylor relating to various budget figures. Mr. Desidario disagreed with the budget increases being attributed to increases in police and fire personnel, and the millage rate decreases in praportion to praperty valuation increases. He questioned how the debt service was being paid if not from the various taxes assessed. Mr. Desidario contended the City had significant financial problems. 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Lisa Bright, CRA Director, clarified a representative for the Charter School had been contacted and the firm was no longer willing to do the capital investment. The praposal also involved City Hall which did not involve the CRA. Ms. Bright also noted the CRA had met with Mrs. Owens since the last Commission meeting and discussed alternatives and suggestions. Brian Edwards discussed the history of the Old High School restoration in relation to the development of the Children's Schoolhouse Museum. He stressed fund raising for any purpose cannot be undertaken unless ownership has been established. Mr. Edwards reinforced his contention that the Old High School "fits" with the cultural center theme and downtown development. A partnership between the City, County and Cultural Center would be needed to raise the money for renovating the Old High School. He hoped the Commission would allow the Cultural Center the opportunity to work on the praject. Brian Miller, Chair of the Community Relations Board, reported on the board's cleanup efforts in Poinciana Heights. He recognized the individuals who participated including the Public Works and Police staff. He thanked the volunteers and expressed hope that more people would join in the cleanup efforts. Barry Silver, Boca Raton, requested the Commission investigate divesting all funds invested by the pension funds fram any rogue regimes, especially the governments of Sudan and Iran. Jonah Tennant, 653 SW 4th Avenue, thanked all his neighbors and friends who assisted and attended the community picnic held at Lake Boynton Estates. No one else coming forward, Mayor Taylor closed the public hearing. Mayor Taylor inquired if the Commission would want to reorganize the agenda to accommodate the many persons interested in the truck raute issue. Motion Commissioner McKoy moved to reorganize the agenda to consider Item XI.c. before V. Administrative. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. XI. NEW BUSINESS (Taken out of order) C. Discussion of truck route Commissioner McCray remarked he had promised to support every entity of the City with pride. The Lake Boynton Estates had previously been in his District and he had supported their objection to Krispy Kreme that is now vacant. He had requested the item be reconsidered so that he could hear the views of the citizens. Motion Commissioner McCray moved to reconsider the Lake Boynton Estates issue because funds are available in the CIP budget and the citizens needed closure. Vice Mayor Rodriguez seconded 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 the motion to financially support the northern truck raute. Mayor Taylor noted it would come back on the next agenda for reconsideration. Commissioner Weiland reminded Commissioner McCray that he had voted in favor of the fire tax as the voice for the people, in 2002, even though 759 people objected to the tax. Mayor Taylor reiterated his concern of taking a home through eminent domain, the possibility of costs over the $750,000 budgeted amount especially with anticipated revenue cuts that may result in laying off workers. Commissioner Weiland remarked he supported safety and had four children of his own. He recalled Ocean Avenue had originally extended fram Congress Avenue to A-1-A before I-95. It was a main thoroughfare. By creating the northern raute and using Industrial Avenue, large truck traffic will be required to cut the curb at Boynton Beach Boulevard and Industrial Avenue to make the turn east with traffic at the intersection creating an additional traffic hazard. He further noted much of the traffic increase on Ocean Avenue would be box trucks, pickup trucks and passenger vehicles. He questioned if putting a public road underneath an overpass would be appropriate and concluded it was not. Commissioner Weiland was not in favor of taking anyone's home of 30 years and changing their quality of life. He asserted Ocean Drive could be made safer and the entrance into Leisureville could be closed and made into green space. Curb cuts could be installed at the intersection of Ocean Drive and 8th Street to only allow exiting traffic to travel north. He recalled the industrial area had been in existence for 40 years. Vice Mayor Rodriguez clarified the developer contended the light industrial warehousing would not support tractor trailer type vehicles. The docks would not accommodate large trucks. He requested the opportunity to find the money and move forward. Mayor Taylor totally agreed with the residents that a child's life could not be assessed a cost; however, the monies have to be available. He suggested a municipal taxing district could be designated that would benefit one area and the cost taxed on all the homes in the area equally over the years. Perhaps Leisureville would volunteer to be part of the taxing district. City Attorney Cheraf advised the custom had been, if the motion for reconsideration passed, the discussion would be at the next meeting so apprapriate notice to the public can be given. Vote The motion passed 3-2. (Mayor Tay/or and Commissioner Weiland dissenting) Mayor Taylor opened the issue for public hearing. Jim Bogert, President of the Palm Beach Leisureville Association, 721 SW Lake Court, read a statement that is on file in the City Clerk's office. His statement noted the possible negative impact on property values if truck traffic were allowed to infiltrate the streets. Also the safety of children and senior safety was valued. 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Herb Suss, Quail Run, reiterated he was against taking homes; however, he was glad the issue would be reconsidered but felt the decision should be made immediately. Mayor Taylor noted Mr. Suss had complimented him on his decision at one time. Commissioner Weiland emphasized he was not part of the original vote and had the right to speak and vote on it. He also advised Mr. Suss had complimented him on his decision also. Gary Pouncey, 661 SW 4th Avenue, expressed his concern for the safety of his grandchildren. He recalled the railraad station had been built in the 1920s so that Boynton Beach could become a municipality. He suggested a southern route is the correct route to avoid taking any homes and noted Woolbright Road is a designated truck raute. Sergio Casaine, 13 Meadows Park Lane, was glad the issue was back on the agenda. He clarified the developer had contended the warehouses were not designed for large trucks. However, the developer also admitted he was unaware what type of businesses would be occupying the space. The types of businesses and size of trucks has not been definitely decided. The children and elderly should be protected at all costs. Jeff Morgan, 745 SW 1st Court, thanked the Commission for reconsidering the issue and further requested the praject be eliminated all together. There was no interest in taking anyone's home or the truck raute going through anyone's neighborhood. He referred to several articles relating to large trucks and safety issues in and around driver blind spots. Mr. Morgan speculated most cities do not allow large commercial trucks to travel thraugh residential areas. Winnie Zito, 801 SW 18th Court, indicated her opposition to a truck raute going through Leisureville with the safety of children walking thraugh Leisureville. She related a family tragedy in her own life. Steve Homrich, 690 NE 15th Place, contended the issue was more than a neighborhood issue. It involved the Commission's preference for industrial or commercial rather than the citizens. The raad capacity is not the only issue. John Fox, 135 W. Ocean Drive, reminded the Commission the concern was public safety and quality of life that would be greatly altered by the increase in traffic flow, not just the trucks. It would also stifle the revitalization of the neighborhood. If the northern route is not feasible then another alternative route should be investigated. He submitted a list of signatures in opposition to the truck route thraugh the residential area. Tom Spatafora, 712 SW 18th Court, opposed the truck raute and related a family tragedy. He felt the safety of children is paramount. Wendy Smith Franklin, 120 NW 6th Street, currently resides along the praposed northern truck route. Ms. Franklin questioned the value of her child and other children along the new raute as opposed to the children on Ocean Drive. She contended her house would be totally devalued and she would not be compensated fram the City at all. Her family had built the home and were now renovating it fram hurricane damage, only to have the truck route 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 depreciate its value. She expressed her frustration with having attended many hearings, including the first Planning and Zoning hearing when no one else appeared. Ms. Franklin noted her son was a City employee who could lose his job due to budget cuts to pay for a road that would not benefit her or her family. She was a life long resident of the City of Boynton Beach and felt she was being "squashed like a bug." Lee Wische, 1302 SW 18th Street, disagreed with the vote on the issue being postponed until the next meeting and did not understand the need for pracrastination. City Attorney Cherof reiterated it was customary if a motion for reconsideration passes the item has been placed on the next agenda, so notice could be pravided to all members of the public. It had not appeared on the published agenda. The decision ultimately would rest with the Chair and members of the Commission. Mayor Taylor felt the entire community should be aware the Commission is reconsidering the issue. Matt Burger, 221 SW 6th Street, felt it was a volatile issue. He thanked those who supported the group and their efforts. He hoped the momentum would increase. Mr. Burger suggested another possibility would be south of Woolbright Road. He noted neither of the communities to the north or south have access to industrial areas. Mayor Taylor indicated any further comments would be heard at the end of the meeting to accommodate the other items on the agenda. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Mayor I IV II Taylor Weiland McKoy McCray II McCray III Rodriguez IV McKoy III Rodriguez IV McKoy III Rodriguez I Weiland II McCray IV McKoy Mayor Taylor Board Length of Term Exoiration Date Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Reg Alt Alt 33 mo term to 12/09 Tabled (2) 33 mo term to 12/09 Tabled (2) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (3) 9 mo term to 12/07 Cemetery Board Alt Code Compliance Board Code Compliance Board Alt Alt Community Relations Board Community Relations Board Alt Alt Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board 21 mo term to 12/08 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) Reg Alt Alt Stu Stu N/V 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Weiland Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) II III IV McCray Rodriguez McKoy Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt Reg Alt 9 mo term to 12/07 Tabled (2) 33 mo term to 12/09 Tabled (2) 9 mo term to 12/07 Tabled (2) Motion Commissioner McKoy moved to table all appointments. Commissioner McCray 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 - May 11 2007 2. Regular City Commission - May 15, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award the bid for the "BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS", Bid #043- 2731-07/JA to LAKE WORTH MONUMENT for an estimated annual expenditure of $30,000. 2. Award the Bid for "ANNUAL SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)", Bid #052-2821-07/0D to ALLIED UNIVERSAL CORPORATION, of Miami, FL with an annual estimated expenditure of $164,621.80 for the Utilities Department. 3. Multi-award by manufacturer with primary, secondary, third and some fourth place vendors, for the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT', Bid #044-1412-07/JA, for an estimated annual expenditure of $95,000. 4. Approve a piggyback of General Services Administration (GSA) Contract No. GS-07F-9491 with Godwin Pumps of America, Inc. for the purchase of three (3) New Bypass Pumps to be located at Lift Station No. 603, Leisureville; Lift Station No. 808 in Cypress Creek and Lift Station No. 806 in Hunters Run for the total amount of $94,164.90. 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 5. Apprave emergency replacement of Public Works Vehicle 1089 (Refuse Truck) for an estimated cost of $197,014. The actual cost to the City will be $1,000. Commissioner McCray pulled Item VI.B.5. for discussion. 6. Approve the negotiation of a contract with Miller Legg of West Palm Beach, FL for the RFQ: "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK," RFQ #040- 2730-07 JOD. 7. Approve a piggyback of Collier County, FL contract number 06-3350 and U.S. Filter Wastewater Graup, Inc. (Siemens Water Technologies) to purchase two (2) Biofilters, which are used for odor control in the wastewater collection system, in the amount of $79,707. 8. Award a contract for RFP #037-2821-07jOD, "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES" to DcR Engineering, Inc. of Lakeland, FI. for an estimated expenditure of $2M - $2.5M over a two (2) year period. (Proposed Resolution No. R07-059) 9. Award a contract for RFQ #21-1210-07 JOD to APPLIED TECHNOLOGIES AND MANAGEMENT OF West Palm Beach, FL in an amount not to exceed $122,500 for the purpose of studying the Boynton Inlet. The South Florida Water Management District will reimburse all study costs. (Proposed Resolution No. R07-060) 10. Apprave the negotiation of a contract with Glatting & Jackson of West Palm Beach for the "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND", RFQ #028-2730-07jOD. Glatting & Jackson is an architectural firm with barrier-free design experience for the construction drawings, permitting and praject management of Congress Community Park and Boundless Playgraund. C. Resolutions 1. Proposed Resolution No. R07-057 RE: Appraving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.s., Inc., to provide engineering services related to the East Water Treatment Plant chlorine conversion project in the amount of $67,634. (Tabled to June 19th, 2007) (Staff requests tabling to July 3, 2007) Commissioner McCray pulled Item VI.C.1 for discussion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 2. Proposed Resolution No. R07-061 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with John Combs and Glenna Combs for the praperty at 1048 S. Ridge Rd., Lantana, FL (Ridge Grave Lot 25). 3. Proposed Resolution No. R07-062 RE: Approving the Registration Agreement with Boundless Playgraunds, Inc., that will allow Boundless Playgraunds, Inc. to provide materials and services to support the development of a configuration of playground equipment and surfacing that enables children with and without disabilities to interact and play together. The agreement carries a fee of $1,795. 4. Proposed Resolution No. R07-063 RE: Appraving an inventory of vacant City owned praperty apprapriate for use as affordable housing. 5. Proposed Resolution No. R07-064 RE: Appraving and authorizing the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. D. Apprave donations to the Juvenile Transition Center in the amount of $6,500, the Boy Scouts of America in the amount of $5,000 and to MAD DADS of Greater Boynton Beach in the amount of $5,000 from the Police Department's Law Enforcement Trust Fund, established pursuant to Florida State Statute 932.7055. E. Apprave the "LAS VENTANAS" Record Plat, conditioned on the appraval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Survey and Mapper). F. Apprave the downgrade of one (1) position in the Development Department, an Application Technician (Grade 11), which is currently vacant, to an entry level position of Application Associate (Grade 10). G. Apprave the initiation of the pracess to name the newly developed Southeast Neighborhood Park in honor of Betty Thomas. The estimated cost of a sign is $5,000. H. Approve a Statement of Work with Dell Marketing L.P. for the purchase of the DelljEMC Storage Area Network (SAN) in the amount of $178,852.32. I. Apprave Change Order #4 accepting pool building revisions on the WILSON PARK COMPLEX praject in the amount of $91,369.98. This proposed change will be considered a component of the contingency allowance appraved by the Commission when awarding the original contract to West Construction, Inc. J. Authorize the use of $2,250 for the Boynton Beach YMCA, fram Commissioner Weiland's Community Investment Funds. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 K. Authorize the use of $2,250 for the Wheels for Kids (Easter Seals Camp) fram Commissioner Weiland's Community Investment Funds. Motion Commissioner McKoy moved to approve the Consent Agenda items with the exception of those pulled for discussion. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.B.5. Approve emergency replacement of Public Works Vehicle 1089 (Refuse Truck) for an estimated cost of $197,014. The actual cost to the City will be $1,000. Commissioner McCray explained the replacement vehicle would only cost the City $1,000 because the previous truck had been destroyed by fire and insurance covered the replacement cost. Motion Commissioner McCray moved to approve item VI.B.5. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. C.1 Proposed Resolution No. R07-057 RE: Appraving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.S., Inc., to pravide engineering services related to the East Water Treatment Plant chlorine conversion praject in the amount of $67,634. (Tabled to June 19th, 2007) (Staff requests tabling to July 3, 2007) Motion Commissioner McCray moved to remove Item VI.C.1. fram the table. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to table Item VI.C.1 to July 3, 2007. Commissioner Weiland seconded the motion. The motion passed unanimously. 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. 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 A. Project: Agent: Owner: Location: Description: Motion HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) appraved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Applicant requests postponement to July 17, 2007) Vice Mayor Rodriguez moved to postpone Item VIlLA. to July 17, 2007. Commissioner McKoy seconded the motion. The motion passed unanimously. Members of the audience requested to be heard regarding Item VIlLA. Attorney Cheraf advised since the matter had been tabled no one could speak on the issue. B. Praject: Agent: Owner: Location: Description: BOYNTON BEACH LOFTS (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifertj Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally appraved on April 19, 2005, fram April 19, 2007 to April 19, 2008. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Bradley Miller, Miller Land Planning, represented the applicant and explained the request was primarily based on market conditions. The developer had been working with staff to create a more workforce housing price range. Additional time would be needed to work out the details and get the project off the ground. It was anticipated the April 2008 deadline would be achievable. Vice Mayor Rodriguez inquired if beautification of the property in the interim was possible. Mr. Miller surmised the developer would consider some landscape beautification of the vacant lot. Motion Commissioner McCray moved to approve the extension to April 19, 2008 with the additional planting of palm trees in the interim. The motion was seconded. Motion passed unanimously. c. Project: Agent: Owner: NW 7th COURT (HOMRICH) (ZNCV 07-003) George Homrich, Homrich Construction Homrich Corporation 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Location: Description: Lot 211 of the Laurel Hills subdivision, 4th addition, West side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3, requiring a minimum lot frantage of 60 feet, to allow a frantage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. Attorney Cheraf administered an oath to all those intending to testify and explained the procedure to be followed. George Homrich, 2706 SW 8th Street, requested a reduction in the required frantage for a single-family home lot on 7th Court. Kathleen Zeitler, Planner, explained the current standards and the implication of the request being made. Staff concluded there was a hardship and recommended approval of the variance request. The explanation of the hardship was that the lot had originally been platted with 50 foot frontage and many other homes in the neighborhood also have 50 foot frantage. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Item VIII.C. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. D. Project: Agent: Descri ption: LAND DEVELOPMENT REGULATIONS (LDR) REWRITE - GROUP 2 (CDRV 07-004) Use Matrix and Notes City-initiated Graup 2 deliverable as indicated on the proposed LOR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and Restrictions to ultimately replace and enhance portions of the current LOR Part 3, Chapter 2. Zoning, Sections 5 thraugh 8. Mike Rumpf, Planning and Zoning Director, explained this particular Land Development Regulation rewrite pertained to the zoning regulations, zoning use matrix and the corresponding notes and restrictions. The objectives of user friendliness, continued professional involvement and using a flexible appraach to accommodate new issues when they arise were paramount in the rewrite pracess. The matrix consolidated all the existing uses and ultimate uses into one table for simplicity and consistency in regulating. The North American Industrial Classification System (NAISC) language was incorporated into the regulations. New titles and descriptions were also included along with implementing the M-1 Zoning District study. Total use titles were also reformatted and condensed from 446 to 150. Staff recommended continuing on with the rewrite praject and that the Commission supports the efforts. 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to apprave Item VIII.D. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Proposed Briny Breezes' Comprehensive Plan Amendment Mr. Rumpf recalled the history of Briny Breezes and current need for the amendment to their Comprehensive Plan. The amendment is a prerequisite to the redevelopment of 46.5 acres being the entire town of Briny Breezes, with a prajected build out by 2020. The City of Boynton Beach is given an opportunity to review and forward any comments on the praposal to the Regional Planning Council and submitted to the State of Florida. Other surrounding cities or towns and private landowners have also submitted comments. The other jurisdictions have supported the City of Boynton Beach's review and comments. The location of Briny Breezes is potentially contiguous and annexable into the City of Boynton Beach which is a principal issue. The three land uses proposed include a conservation district, marina residential and resort residential with 40 to 60 dwelling units per acre. Mr. Rumpf noted the City of Boynton Beach currently pravides all utility services and emergency medical services. Staff questioned the population prajections as being low that would factor into the calculation of fees. The setbacks on the north and south were also questioned as it would abut low density, single-family homes, a golf course community and the Town of Ocean Ridge. A portion of workforce housing has been arranged with adjacent municipalities. Mr. Rumpf pointed out the increased demand for utilities could limit future redevelopment in Boynton Beach. Staff questioned the methodology used to predict traffic loads in relation to the capacity of Woolbright Road, limiting the City's future redevelopment along that raute. The City's rale with respect to locating workforce housing, employee housing and parking facilities has been proposed within the City of Boynton Beach with shuttle services provided by the developer. It is based on an uncertain variable which could be problematic. The Fire Department also noted additional staff and fire equipment may be required and the possible addition of an island station given response time issues in relation to the draw bridges. The comments from other municipalities have been significant and the deficiencies are many. Staff is not opposing the praject, but requesting all the questions be answered and additional data pravided. Mayor Taylor complimented the staff on their thoraugh review of the comprehensive plan. He advised he had several meetings with the leaders of the surrounding communities and recognized the Mayor and Councilwoman of Ocean Ridge in the audience. Mayor Taylor had stressed the City of Boynton Beach would work with all the communities to forge a consistent 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 effort to address any issues. There had been a suggestion the communities collectively hire the Urban Land Institute with experts on coastal community planning to assess the possible project. Vice Mayor Rodriguez requested clarification on the impact on Woolbright Road and the bridge. Mr. Rumpf replied the accuracy of the data provided has been questioned as inaccurate assumptions. Commissioner McCray questioned if the upkeep on the utilities, after the developer initially pays for the infrastructure, would be the City's responsibility. Mr. Bressner responded it would be the City's responsibility for the maintenance as is the case in all development activities. User fees are used to cover the associated costs. Commissioner McCray also asked if the current fire service contract had a clause that would allow withdrawal from the agreement. William Bingham, Fire Chief, replied there was such a clause. Mr. Bressner suggested a motion would be apprapriate to support the staff comments and authorize their submittal to the governing bodies due to the magnitude of the project. Mr. Bressner also commended staff on the project. Motion Vice Mayor Rodriguez moved to apprave submitting the recommendations to the Department of Community Affairs. Commissioner McCray seconded the motion. The motion passed unanimously. B. Report on Property Tax Legislation Mr. Bressner reported on the legislation passed relating to how property taxes are collected in particular for municipalities and counties. The City of Boynton Beach would be required to adjust their property tax requests to comply with the statute or the Commission may adopt the same levy as last year or something in between the current year and the previous year. A two thirds vote or unanimous vote would be required. Staff suggested the millage rate could be adjusted from the current 7.1 rate to 6.39 rate and require an extraordinary vote. The preliminary new budget for the general fund would be impacted with a $2.4M deficit that would be met with program reductions. It should be noted the Public Service Tax currently used to retire the debt on the bond issues would be needed in the General Fund to meet operating expenses. Mr. Bressner did not recommend such action because this would eliminate building a new police facility in four years. He recommended increasing the General Fund deficit to $4.5M and reducing the number of programs being offered. Mr. Bressner noted the new grawth in the community did allow for a credit toward the final tax dollars awarded and would continue over the next few years. Adjustments will still be needed, but not as much as was previously anticipated. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Commissioner McCray would have preferred to have the figures for all departments submitted for comparison purposes. Using the roll back method from 7.1 mills to 6.39 mills the revenue to the City would decrease from $39.7M to $39.1M in terms of actual cost reduction from the praperty taxes. C. Status Update on Chickee Huts in the City Ed Breese, Principal Planner, pointed out Chickee Huts or Tiki Huts have not been addressed specifically in the Code due to a long standing exemption fram permitting requirements for these type of structures constructed by Florida Native Americans. The praposed change to the Code would establish a definition, add the impravement to the list of other structures within the zoning regulations, add setback provisions and establish a review pracedure to assure compliance with local and state law. Vice Mayor Rodriguez expressed his disappointment the changes were not closer to being adopted. Mr. Breese responded the Building Department has been working on an interim policy to deal with this type of structure. Mr. Rumpf added staff had worked on an interim administrative policy to deal with the current issue that arose and included the pravisions as part of the overall Land Development Regulations rewrite. The Legal Department advised the interim administrative policy would not be effective without being codified. Since the change is in the Land Development Regulations, the pracess has been for review by the advisory boards in an ordinance form first. Scott Blasie, Code Compliance Administrator, reported he had reviewed the draft policy for administrative review and the outstanding cases have been held in abeyance pending the Code changes. He emphasized commercial structures would have site plan issues that may not arise with residential structures. X. FUTURE AGENDA ITEMS: None XI. NEW BUSINESS: A. Discussion on transferring CRA responsibilities to the City Commission Mayor Taylor indicated a resolution and vote would also be considered. Commissioner Weiland remarked the discussion was a sensitive issue and a difficult decision due to the relationships that had evolved. He noted at this time state governments are asking all cities and municipalities to curb spending, make budget cuts and do more with less. The discussion and decisions made were not personal attacks on anyone, but based on a lack of accountability by the Community Redevelopment Agency (CRA) in the past. Commissioner Weiland highlighted some of his observations and concerns. Records from the CRA had been difficult to obtain that detailed the cost to the City to operate the CRA. There 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 was an agreement that the CRA would reimburse Lisa Bright for necessary and proper out-of- pocket expenses without establishing a specific amount. "Necessary and praper" terminology is very vague and when spending taxpayer dollars, expenditures have to be carefully scrutinized. In hindsight, Commissioner Weiland indicated he would not have supported the Ocean Breeze property purchase. The understanding was if $7M was spent, those monies would be retrievable to be spent on other prajects. Currently, the praperty could be turned over to another entity for less than $7M and monies would be lost. Initial conversations with CRA staff one day indicated the CRA had no intentions of paying $7M for the property, yet the next day the owner advised there was an agreement to purchase the property for $7M. The Commission was not aware of the deal and had been intentionally misled. Commissioner Weiland contended there was a division between the CRA and the Commission based on the Intown Development praject. Several constituents had advised the Ocean Breeze purchase was an attempt by the CRA to overcome a suspected takeover of the CRA by the City Commission. Another concern was the recent resignation of Robert Reardon and the severance package offered plus his rehire as a consultant even though an interim finance director has taken over the position. Normally resignations or retirements do not involve severance packages. Many praperties in the Heart of Boynton (HOB) have been purchased by the CRA at prices far above market value thereby pushing up values. Commissioner Weiland specifically pointed out the purchase of the praperty for the new CRA office that was appraised at $174,000 and purchased for $850,000 for a 1,500 square foot house that would need renovations. Commissioner Weiland reiterated there was a definite division between the CRA and the Commission due to lack of accountability, unanswered questions and overspending. He felt in light of the anticipated budget cuts it was an appropriate time to consolidate the entity with the City Commission. Vice Mayor Rodriguez commented he was disappointed with the amount of lobbying that was going on relating to this issue that could have been redirected to complete pending projects. His actions and comments would be based on his many years of business experience and not any personal agenda, simply management of taxpayer dollars. Vice Mayor Rodriguez opined although the board was appointed by the Commission, once appointed, the board has no responsibility or accountability. The City owns the debt yet the board has full authority for expenditures. He clarified the function of the CRA or the CRA staff was not involved in the issue. Vice Mayor Rodriguez recognized the CRA was a good entity to have in any City. The issue was strictly accountability. In any business responsibility without accountability is a path for destruction. It is about focus and efficiency and ultimately results. Vice Mayor Rodriguez felt the Commission managing the CRA could achieve greater results with more focus. It would be irresponsible for the Commission to ignore some actions of the CRA over the last few months such as the Ocean Breeze purchase for $7M that was in foreclosure for $4M and owned by the former chair of the CRA. Also, the purchase of the new CRA office 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 under the auspice of redevelopment when the praperty was the most pristine in the area and surraunded by blight and slum was inapprapriate. He noted the Charter refers to elimination of blight and slum, yet recent purchases actually raise praperty values. The focus of the CRA is definitely in question. An analysis by Vice Mayor Rodriguez of the last three months of CRA expenses revealed on 28 occasions meals were expensed for meetings. Six of the events occurred after 10 p.m. At a recent conference, although meals were pravided, CRA staff went off site for private, more expensive dining. Limo or car services have been used on three occasions for staff transportation to airports. Internal prablems have also arisen and specifically the sudden retirement of Robert Reardon, the Chief Financial Officer. Contrary to the explanation given to the board that it was a retirement situation, there was actually a misunderstanding and a severance package. Two other employees were also let go during their initial 90 day prabationary period and were paid for 90 days although they did not work the entire 90 days and given a severance package. Vice Mayor Rodriguez felt it would be irresponsible for the Commission not to act and he urged the Commission to take back the CRA and run it efficiently and effectively and get results. Commissioner McCray was glad the information was obtained. He recalled the CRA was created for blighted areas, specifically the MLK corridor. Commissioner McCray disagreed the Commission could do a better job because for years the Commission and staff did nothing to revitalize the blighted areas. The Code of Ethics apply to the CRA board also and if there is a prablem it should be referred to the Ethics Department. He felt the two entities should discuss the issues privately and not publicly ridicule the individuals with accusations. He was praud of the CRA board members and the work they had done. He pledged his support and would keep the board intact. Commissioner McKoy expressed his frustration with the ordeal and acknowledged the frustration the CRA staff must endure also, plus the citizens. It could only be counterproductive for staff to be burdened with the loss of their jobs each and every day over the past nine months. The mission of the CRA is being met and there is no documented wrongdoing of the current CRA board members. He was in favor of the CRA continuing its work and the Commission should allow the board to do its job. Vice Mayor Rodriguez responded he had tried to reach out to the CRA; however, the Chair had announced the Executive Director was too busy to meet individually with the Commission that would involve a total of 2.5 hours per month. The Chair or Vice Chair would be available for discussion. The Chair indicated he would meet, but would not discuss any issues already approved. Correspondence sent by Vice Mayor Rodriguez regarding 211 S. Ocean garnered no response and had been ignored. Communication between the entities was severed by the CRA boa rd. Commissioner Weiland reiterated staff's role was not in question. Rather the issue was the board not holding the staff accountable. He also remarked although he had received notification that meetings with the Executive Director were no longer feasible, Ms. Bright had personally visited his office and indicated her door was always open to him. 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Commissioner Weiland emphasized the issue was not greed or whether the Commission liked Intown or not. Ultimately the Commission is responsible to ask questions and receive answers. He explained it was not his intent to have the Commission act as the CRA for an extended period. The CRA board should be re-established with different members who recognize accountability is a high priority. Commissioner McKoy clarified the staff is very small and the work load of the board is indicative of jobs, not assignments, even though it is a volunteer appointment. It was stated during the preagenda meeting that CRA staff felt they were being harassed by the Commission which may explain why staff was hesitant to talk with the Commission. There is a pracess for obtaining information fram the CRA and if followed, the information would be provided. Commissioner McKoy had not experienced any problem with obtaining records or data fram the CRA. Commissioner Weiland explained he had to go thraugh the City Attorney's office to receive information. He had received an em ail indicating he had to go to the CRA office and fill out an application for public information. Without assistance fram the City Attorney's office the information requested would not have been forthcoming without going to the CRA office. Commissioner McCray questioned if the same law applied to City officials demanding things fram personnel applied to the CRA. Attorney Cherof advised the same laws regarding requests for public records apply to the City and CRA. Anyone can request records of either agency. Attorney Cheraf added the City Charter prohibits the Commission fram contacting City staff except thraugh the City Manager and states nothing with regard to CRA staff. The pracess to receive information fram the CRA would be to make a public records request or contact a board member or Executive Director of the CRA. Mayor Taylor offered normal protocol would direct the request thraugh the Chair of the CRA and would curtail any misunderstandings. Mayor Taylor gave the Chair of the CRA an opportunity to be heard. Mr. Tillman deferred to his fellow board members first. Guarn Sims, 301 S. Seacrest Boulevard, CRA board member, announced he was born, raised and educated in the City of Boynton Beach. He is currently the principal at Galaxy Elementary and an extremely concerned citizen. As an unpaid volunteer serving as a CRA board member, he had successfully not aligned himself with any public or private entities with self serving motives. Countless hours had been spent exercising his civic responsibilities to enhance Boynton Beach within the City and CRA goals and objectives. It was a legacy of his family to assist those in less fortunate lives to imprave their opportunities throughout the entire City and all ethnic backgraunds. He recalled conversations with the late Vice Mayor Ensler discussing the necessary attributes of public officials and responsibilities of board members. Mr. Sims opined the City of Boynton Beach was unique because the citizens viewed the CRA as a positive influence according to input from other municipalities and their leaders. However, the City Commission focused on minor negatives and ignored the positive progress that has been made by the CRA. He felt Vice Mayor Rodriguez and Commissioner Weiland had perpetuated a dim view of the CRA. Mayor Taylor had supported the CRA until recently and Mr. Sims requested he maintain an open mind and lead with patience and understanding. Mr. Sims concluded self-serving motives were involved. He acknowledged the Heart of Boynton was a 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 priority and progress needed to be made. Disbanding the CRA board would not serve that purpose. The Commission's leadership was needed now more than ever to communicate and work out any differences existing. Mr. Sims reminded Commissioner Weiland that he was appointed and not elected to his position and had promised a team effort during his acceptance speech. Mr. Sims questioned if picking up records for other individuals was the best use of Commissioner Weiland's time as a City Commissioner. The identity of the members of Commissioner Weiland's team were unknown. The positives of the CRA board include making ownership of a home a reality, creating partnerships to improve the community and many others should be stressed. The Ocean Breeze praperty and project would create new TIF dollars and make the $7M purchase price a moot point according to Mr. Sims. He also pointed out the CRA has spent $13M in the Heart of Boynton. There is $900M of development underway due in a large measure to CRA effort. An entire view of the CRA and its efforts should be considered. Mr. Sims alleged kickbacks could be a motivating factor. In conclusion, Mr. Sims contended open communication between the board members and Commission had not occurred. Instead speculation, hearsay and lobbyists had influenced the Commission's perception of the CRA board. Mr. Sims had been encouraged by the Vice Mayor Rodriguez's suggestion to communicate with the board, but disappointed when it became apparent the meetings would not occur. The CRA board has always been appraachable. Mr. Sims urged the Commission to do the right thing, share positives along with negatives, work out the negative prablems and not disband the CRA. Vice Mayor Rodriguez addressed the issue of emails with Mr. Sims. Discussion revealed emails had been sent by Vice Mayor Rodriguez to the entire CRA board and some responses were received; none fram Mr. Sims. Mr. Sims welcomed the opportunity to have Vice Mayor Rodriguez come to the CRA board meeting and discuss any issues he may have in an open forum. Commissioner Weiland was appalled with Mr. Sims' accusations regarding kickbacks. He felt the Commission would be remiss if they did not question the purchase of two properties for $195,000 each that had originally been purchased for $3,000 and $3,500. He agreed the CRA had done many positive things. On the issue of approachability, Commissioner Weiland pointed out he had requested Stormet Norem call him and never received a response. Also Henderson Tillman had indicated on several occasions he would come to Commissioner Weiland's office to talk, but had never done so. Stormet Norem, Vice Chair of the CRA, pointed out the accusations were emanating from the Commission because it appears on the Commission's agenda. Mr. Norem questioned if there had been any neglect of duties or misconduct by a board member. Vice Mayor Rodriguez responded the negligence of not questioning staff on acquisition prices and expenses, challenging the thought processes or not requesting appraisals before acquisition, involved negligence. 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Mr. Norem requested time to respond to the accusations that have been levied against the CRA and its members. He pointed out the CRA employs a licensed appraiser for all purchases. Appropriate answers for the issues can be given, rather than micromanaging another governmental body. All questions should go thraugh the Chair of the CRA board. Mr. Norem noted the MLK corridor project which was taken fram the CRA due to lack of pragress and yet the City's own deadline had gone by and the item does not appear on the Commission agenda for any action. Mr. Norem also refuted Commissioner Weiland's recollection relating to phone calls not received. Henderson Tillman, 54 Bentwater Circle, Chair of the CRA board, spoke as a citizen of Boynton Beach. It was disturbing to him to see the pettiness undertaken. The State statute dictates the rale of the CRA board. It gives the board governance that was ratified by the City of Boynton Beach making it an independent, operative organization. The board acts within the purview of the responsibilities given to it by the Commission. The ongoing development in the City is the result of an action packed, forceful CRA. Mr. Tillman contended all the acquisitions of the CRA had been done in the context of normal and customary business practices. Lack of knowledge regarding the actions taken by the CRA and the board is the crux of the problem. He contended the Commission should not give credence to disgruntled employees or dissatisfied citizens before investigating the entire situation. Mr. Tillman fully supported the board of prafessionals that comprised the CRA board and had spent millions in the MLK corridor area and gave assistance to first time home buyers. He concluded another board would not be as effective as the current board and the citizens should not tolerate such conduct by the Commission that would take the City back ten years. Vinola Rada, 718 SW 3rd Avenue, indicated as a citizen and taxpayer she was upset the CRA had spent $850,000 for the home at 211 Ocean when many other homes were blighted and other areas that needed assistance. As a public servant herself, she contended any request by the Commission should be given priority no matter the process. A joint discussion could clarify the problems and solve the issues as professionals. Ms. Rada's concern was $750,000 could not be found for the truck route her road around her neighborhood, yet $850,000 could be spent for the home at 211 Ocean. Lisa Bright, Executive Director of the CRA, clarified the property at 211 Ocean is under the City approved, 2007 Ocean District Plan. It is the downtown designated core and was officially designated on December 18, 2005. Slum and blight involves the entire 1,650 acres and not a specific street or area. The four goals of the CRA are to eliminate slum and blight, drive economic development, affordable housing and community policing. It made sense to acquire the house and get a permanent, functional commercial office as designated by the Ocean District Plan. Gerald Broening, former Mayor, announced the CRA was made independent on January 1, 2000. He pointed out the current CRA has done more than any Commission has when it served as the CRA fram 1983. There has been $10M in TIF dollars brought in since 2000 compared to $800,000 over the 17 years the Commission served as the CRA. Mr. Broening supported the current CRA and recommended working together by enabling them to function. He noted the Commission has final vote on any land use issue and appoints the board members. 21 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Don Fenton, 2556 SW 23rd, Cranbrook Drive, and former CRA board member, felt the Commission was showing a tremendous disrespect to the members of the CRA board and questioning their own appointment decisions. He agreed with former Mayor Broening that the actions were a motivated, trumped up power play. Mr. Fenton explained the fiscal responsibility issue returns to the City only if the TIF taxes do not cover the bonds. The City guarantees the bond to get a better rating on the bond and nothing more. Outside financial consultants assess the bond issues. He stressed the greatest grawth in the tax base for the City of Boynton Beach is in the CRA area. Wade King, 235 NW 10th Avenue, remarked he had attended many of the Commission meetings and on three occasions attempts were made to disband the CRA board. Vice Mayor Rodriguez had given reasons why the purchase of Ocean Breeze was a bad move. The CRA presented documented evidence that proved it was a good deal. Mr. King agreed with Mr. Sims' assessment that positive actions should be weighed against the negative actions. He felt the motivation was an attempt to get rid of Chair Tillman and pramote the Intown Development Plan for HOB. Mr. King advised Intown Development had many contracts for land but had not closed on most of the contracts. Brian Edwards, 629 NE 9th Avenue, spoke supporting the CRA. The accusations are personal. Mr. Edwards could not believe Commissioner Weiland's remarks that this was about replacing the members. He felt the entire ordeal made a mockery of the City of Boynton Beach and totally unnecessary. He agreed that the issues should be openly discussed and resolved. Victor Norfus, 261 N. Palm Drive, reported in his work experience, if expenses were improperly submitted, the entire office was not fired. Individual offenders would be held responsible. The real issue appears to be replacing the members. Mr. Norfus noted the late Vice Mayor Ensler was instrumental in the composition of the CRA board and Commissioner Weiland, from the same District I, was attempting to undo his predecessor's efforts. The progress of the CRA had not been disputed. He suggested the perceived issues should be discussed directly with the board members. Fiscal responsibility could be achieved without disbanding the CRA. Open communication and trust must be re-established. He believed the CRA was doing a wonderful job and fiscal responsibility should be asserted upon the board. Mr. Norfus speculated the Commission was attempting to gain more contral prior to upcoming projects being submitted. Herb Suss, Quail Run, commented the CRA had won his respect over the last year and he supported their efforts. He referred to Intown's lack of cooperation in providing the necessary data and demanded their compliance. Mr. Suss felt Commissioner Weiland should not have been involved in any way obtaining records for others. He reminded Vice Mayor Rodriguez he ran unopposed which was definitely not a popularity contest. Commissioner Weiland had been appointed not elected. The suggestion to have the entire board reappointed every two years would be irresponsible and constitute a stacked deck. He questioned why the Commissioners had not attended the CRA meetings to get answers to their concerns. Mr. Suss suggested more professional conduct by the Commission would be apprapriate to respect those speaking. He fully supported the prafessional CRA staff and urged the Commission not to break up the board. 22 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Glenn Jurgenson, Chair of the Chamber of Commerce, expressed the executive board's support of the CRA and would not like to see the pattern of success established by the current CRA change. The burden the Commission would assume would be tremendous. Vivian Brooks, Interim CRA Assistant Director, advised she had been with the CRA for two and a half years. The instability within the agency had come from outside influences. The prior director rarely ordered appraisals for praperties before acquisition and based the price on comparable sales. All property is now purchased with qualified appraisals. She felt Commissioner Weiland had impugned her integrity and her job was being constantly threatened. There are several redevelopment plans in existence and the value of property hinges on the adopted redevelopment plan that the Commission adopted. Ms. Brooks shared a conversation she and another employee, Mike Simons, had with Mr. Reardon over lunch. She contended Mr. Reardon revealed he was the mole providing information to Vice Mayor Rodriguez about the CRA. Mr. Reardon also confidently indicated he would get his job back and which employees would continue to have their jobs. She contended the only thing that was prahibiting further success of the CRA was the lack of political will. The monies of the CRA are trust funds which must be re-invested in the community and not banked. Ms. Brooks advised she had spoken with Sharyn Goebelt regarding a harassment complaint relating to her job security. She thought it was iranic the recent issues arose just as three viably financial proposals were received for the Ocean Breeze praject. A response was not forthcoming from Intown and the CRA is again under scrutiny. Lynn Simmons, 652 South Road, and a business on Casa Loma Boulevard included in the CRA district, spoke in support of the CRA and particularly Ms. Bright. Ms. Simmons had a lease with the CRA and had difficulty obtaining the lease due to a personal vendetta by Mr. Reardon against her. He gave Ms. Bright erroneous information on her lease price that was presented to the board and cost both sides thousands of dollars in legal fees. Ms. Simmons ultimately won the dispute. Mr. Reardon had threatened her over six times with eviction for no cause. A plumbing prablem resulted in further damage that Mr. Reardon refused to correct in spite of specific direction by Ms. Bright to fix the problem. Ms. Simmons accused Mr. Reardon of devious conduct. Robert Banting, Appraiser, introduced himself to the Commission. He reviewed his background as a life long resident of the area and mostly in Boynton Beach, along with his educational and work experience spanning 35 years. His firm is the largest and oldest commercial appraisal firm in the market. Mr. Banting emphasized the appraisals for the CRA were done in a completely unbiased and objective manner. The CRA never influenced his decisions and all appraisals were done in conformity with appraisal standards. Disagreements over praperty values are not uncommon and comparisons cannot be made between commercial and residential properties. He agreed the new CRA office location would create an anchor or genesis of a cultural art and historic district. He urged the Commission to review the appraisals done by his firm, as they take pride in doing appraisals that can stand on their own. Vice Mayor Rodriguez inquired about the relationship between Mr. Banting's firm and the CRA. Mr. Batting indicated the relationship had been ongoing for appraximately 20 years; however, other firms had been used also. 23 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 John McGovern, 2620 Spiceberry Lane, Quail Run, researched previous CRA minutes and could not support the board at this time. He noted the last 20 minutes of the last meeting were unacceptable. Upon the Mayor's exit from the meeting, several members of the board began denigrating the Commission. Mr. McGovern felt a change in the present CRA board is needed or at the very least a call to accountability fram the Commission to the CRA. It is time to start over and restructure the board. Governance and judicious use of limited resources and proper communication without denigration in a public forum is unacceptable. Lee Wische, 1302 SW 18th Street, recommended the Commission retain the status quo. In his view, the CRA had been individually and collectively outstanding. He noted the Commission had not resolved the Intown issue as promised either. The CRA wanted to get rid of Intown a long time ago. Mr. Wische had also requested documentation fram Intown and had not received it to date. Mr. Wische speculated the action was a power grab to manipulate the composition of the new board. Commissioner Weiland totally disagreed. Lisa Bright, CRA Director, expressed her frustration with the constant harassment she has endured over the last two years and being under fire for everything she does. She explained she is a single mother of a child with diabetes and she has to take every possible opportunity to discuss issues with the board members, even if it is at a bar. She resented the accusations and slur on her Master's degree and previous work history. Ms. Bright felt confident working with the current board and was offended by Vice Mayor Rodriguez's reference to instability that appeared in the newspaper. A process exists to deal with such issues immediately, including regular audits. Ms. Bright was proud of the pragrams and initiatives she had achieved. Undoubtedly things could be improved. She felt she had a good relationship with the current board and worked as a team. She considered her staff exemplary and wanted to continue to implement the Downtown Master Plan. Vice Mayor Rodriguez questioned if team work and better communication was the basis of the directive that she could not meet with the Commissioners individually once a month. Ms. Bright admitted the memo was directed to Vice Mayor Rodriguez because he had made a directive to her to implement for a board she did not report to directly. She admitted to feeling hostility fram Vice Mayor Rodriguez because he had made her and her staff an agenda item. Vice Mayor Rodriguez reiterated it had nothing to do with the CRA staff, only the board and it was unfortunate she exposed her staff to the hostile enviranment. Ms. Bright contended the Commission exhibited lack of faith in her abilities when it took away the MLK praject in the HOB. Mayor Taylor reassured Ms. Bright her job was not the issue and never had been. Bellsheba Edden, 1208 NE 2nd Street, complimented both the Commission on their conduct and the current CRA board for their efforts. She expressed her religious beliefs on judging one another. George Homrich, 2706 W 8th Street, indicated he builds and sells spec houses on a small budget. He had worked with several CRA organizations and appraisers. Although the purchase prices for various properties may seem outlandish, the increase in the tax base makes the price well worth it. 24 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 A resident of 625 Castle Boulevard, worked in the real estate business and advised it was much easier to attract developers to the Heart of Boynton Beach than it had been with the previous CRA staff. The current staff works much better with the board members. He contended disbanding the CRA board would alienate developers from Boynton Beach. Mayor Taylor speculated he would be the swing vote on the issue after listening to all sides of the issue. He had arrived with an open mind and listened very carefully to everyone's remarks. Mayor Taylor indicated the entire discussion related to leadership pravided by the CRA board. Every member is a professional in some respect and brings that expertise to the board. Their efforts have been admirable. Staff reacts to the leadership of the board. Mayor Taylor commended the CRA staff and their credentials. His experience with Ms. Bright had earned his respect for her thoughtfulness, decisiveness and expertise. He totally supported her and the staff. All other staffing decisions rest solely within her contral. There were tremendous positives that could be attributed to the board according to Mayor Taylor. Some decisions though were highly questionable, especially considering the monies that were paid. Mayor Taylor was concerned with praperty owners who indicated they would only sell their properties to the CRA rather than the buyer with the best price. Unfortunately the perception is the CRA would give the highest price if the seller was willing to hold out longer. Even board members have reported hearing the same comments. The result is the values have increased drastically. Mayor Taylor was personally offended by the remarks that investigation into his backgraund would uncover dirt or any reference to kickbacks. He announced his financial records are open for any review by anybody; he had gained nothing. His second concern was the animosity fram both sides. It amounted to a fractured relationship that would not improve. As Mayor, it was his responsibility to present the City in the best possible light to the development community. In a leadership role, there is a responsibility to be accountable for the decisions made. After careful consideration, Mayor Taylor determined the board should be abolished and the role given back to the City Commission. Motion Commissioner Weiland moved to apprave Item XI.A. dissolving the CRA board and transferring the authority and responsibility from the CRA board to the City Commission. Vice Mayor Rodriguez seconded the motion. The motion passed 3-2. (Commissioners McCray and McKoy dissenting) B. Discussion of water surcharge on businesses in the City Kofi Boateng, Director of Utilities, advised the City Code required mandatory surcharges during declared water emergency restrictions to use over 10,000 gallons whether it is a residence or business account. The imposition of the surcharge was instituted after a declaration water shortage by the South Florida Water Management Board. 25 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Vice Mayor Rodriguez had requested the item be placed on the agenda because some businesses are solely dependent on water for their business, such as laundromats or car washes. He felt those establishments should be given an exemption fram the surcharge. Commissioner Weiland agreed and added there is no plan in place for larger families with less available income either whose daily consumption, by necessity, exceeds the 10,000 limit. Energy efficient appliances are probably not affordable either. Mr. Bressner responded by changing the rate tiers it would place a higher burden on the lower residential users. The numbers will be available for the July meeting. If businesses are being economically harmed it should be addressed. Vice Mayor Rodriguez pointed out the South Florida Water Management District exempts those businesses and City of Boynton Beach does not. Mr. Bressner agreed there was a disconnect. A list of the businesses and the impact would be provided. Commissioner McCray requested the list be braken down by businesses such as hospitals, hotels and other businesses. Vice Mayor Rodriguez felt the criteria should be if 90% of your business involves the use of water. Motion Commissioner McCray moved to table Item XI.B. to the July 3, 2007 meeting. Commissioner Weiland seconded the motion. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-011 RE: Appraving the revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of Ordinances. Attorney Cherof read Praposed Ordinance No. 07-011 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public meeting. Motion Commissioner Weiland moved to apprave Praposed Ordinance No. 07-011. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the rail. The vote was 5-0. 26 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 2. Proposed Ordinance No. 07-012 RE: Approving the revision of Chapter 9, Fire Pratection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the F/orida Fire Prevention Code, pursuant to Florida Statute 633.025. Attorney Cherof read Praposed Ordinance No. 07-012 by title only. There was an amendment relating to Section 6 to clarify that automatic fire protection systems are only required for buildings or structures which apply for permits after the date of the adoption of this ordinance. Other properties would be grandfather. The correction would be "new building or structure" for the purpose of this section means a building or structure for which an application for the building permit is sought after the date of the adoption of this ordinance, Mayor Taylor opened the issue for public hearing. Glenn Jurgenson, Boynton Beach Chamber of Commerce, noted the amendment addressed the issue relating to existing businesses and multi-family existing locations that would need a retrafit. No one else coming forward, Mayor Taylor closed the public audience. Motion Commissioner Weiland moved to approve Praposed Ordinance No. 07-012. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-013 RE: Amending the Land Development Regulations (LDR), Chapter 5, PLAmNG, to clarify the requirements to re-plat any previously platted praperty due to any reconfiguration of the praperty or the combining of praperties to create a new development. Attorney Cherof read Proposed Ordinance No. 07-013 by title only. Motion Commissioner Weiland moved to apprave Praposed Ordinance No. 07-013. Vice Mayor Rodriguez seconded the motion. 27 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-014 RE: Amending the Land Development Regulations (LDR), Chapter 6, REQUIRED IMPROVEMENTS, to clarify the requirements applicable to developmentjre-development projects other than standard subdivisions. Attorney Cherof read Proposed Ordinance No. 07-014 by title only. Motion Commissioner Weiland moved to approve Praposed Ordinance No. 07-014. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: Attorney Cheraf presented a resolution to implement the Commission's vote on the CRA issue. He read Praposed Resolution No. R07-065 by title only, declaring the City Commission of the City of Boynton Beach the Community Redevelopment Agency. Motion Commissioner Weiland moved to approve Praposed Resolution R07-065. Vice Mayor Rodriguez seconded the motion. Commissioner McKoy referenced remarks that had previously been made regarding harassment by members of the Commission. He asked that staff be directed to investigate the allegation and submit a report to the Commission. The motion passed 3-2. (Commissioners McCray and McKoy dissenting) Commissioner McKoy reiterated his request for an investigation and report. Mr. Bressner indicated Human Resources would do the investigation and a report would be given to the entire Commission. E. Other: None XIII. UNFINISHED BUSINESS: 28 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 A. Draft Ordinance to regulate mobile food vendors. Mayor Taylor indicated he was in favor of the draft ordinance. Brenda Allen, 305 East Ocean Avenue, sought more information on the status of the mobile food vendors regulations. Mayor Taylor explained the draft had been submitted and it would return to the Commission for consideration on first reading. A second reading would also be required. Quintus Greene, Development Director, braught to the attention of the Commission the ordinance had not been brought before the Planning and Development Board. There was consensus that the draft ordinance be presented to the Planning and Development Board. Mr. Bressner suggested staff prepare a timeline for Ms. Allen to follow. AI Rodgers, 113 Tara Lane, contended Ordinance 96-60 had been ignored by the City for a couple years based on poor advice given by the City Attorney. It led to the violation of State of Florida, Article 2, National Historic Preservation Act. A historical review of the train station should have been done prior to demolition. Also the permits were granted and the Department of Environmental Pratection (DEP) had not been notified for the removal of asbestos. Mr. Rodgers advised he had asked the DEP to investigate the matter. Due to various Municipal Code violations he had been referred to the State Attorney and Florida Department of Law Enforcement officials. Ethic complaints with the Commission on Ethics had also been filed against Attorney James Cheraf and Mayor Taylor. There could be extensive legal costs involved and future exposure to liability if an alternative truck route is not included. The conduct is totally irresponsible in his view. Safety issues were being investigated also. An injunction would be possible. Mr. Bressner commented the southern route is not possible based on engineering evaluations that have already been presented. It is not feasible. Mayor Taylor pointed out a truck raute thraugh the neighborhood already exists. Matt Burger, 221 SW 6th Street, inquired if the City Code officers could actually pull signs or just issue citations. Scott Blasie, Code Compliance Administrator, advised a Code Compliance officer's duties includes removing signs impraperly place in public rights-of-ways. Officers are routinely instructed to pull any type of signs on publiC rights-of-way or placed on utilities poles. Mr. Blasie added the officers were working under duress and harassed by being photographed, video taped and verbally abused. Mr. Burger indicated some residents believed their signs were on private property and the signs were pulled fram private praperty. They tried to make police reports but were told it was not a reportable offense. Mayor Taylor noted the extensive number of signs trashed the entire City and it was illegal and fines could have been assessed. 29 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2007 Mr. Burger felt the signs impraperly taken were essentially stolen and the issue should be addressed. He questioned if retribution was the purpose for the Code Officers attention to the signs. Mr. Blasie stressed the practice is standard and involves any type of signs including election signs placed on public right-of-ways and parks. If specifics can be provided for any alleged incident Mr. Blasie would address the issue on an individual basis. The duty Code Officer had advised various allegations had been made that were absurd. Mr. Burger inquired if the officer had been assigned to Lake Boynton Estates to take down the signs. Mr. Blasie explained numerous complaints regarding the signs had been received and the normal duties of the Saturday officer is to patrol the City for any sign violations. Mr. Blasie also pointed out an asbestos survey had to be done before demolition permits were issued. In fact it is administered by the Palm Beach County Health Department. At one point the contractorjpraperty owner commenced demolition of the train station prior to the praper paperwork being completed and the work was stopped until the issue was resolved. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor praperly adjourned the meeting at 11:45 p.m. CITY OF BOYNTON .BEACH: ~:-e-:~ . . "1~' J-y-' J1'7- er:~or. /! / ATTEST: 30 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: NW 7th Court (Homrich Variance) , Development - P&l BUilding Engineering Dcc. Llcen.e Deputy City Clerk k- APPLICANT'S AGENT: George Homrich APPLICANT'S ADDRESS: 2706 SW 8th Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 19,2007 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3., requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. LOCATION OF PROPERTY: NW 7th Court, Boynton Beach, FL / Lot 211 Laurel Hills 4th Addition DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The App1ic911t ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applic9J1t'S application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. 7. Other: b -,9/}' -[)7 ~'tn CIty Clerk . PIL~, S:\Planning\SHARED\WP\PROJECTS\NW 7th Court (Homrich)\DO.doc EXHIBIT "D" Conditions of Approval Project name: NW 7th CourtfHornrich Variance File number: ZNCV 07-003 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval Page 2 of2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. Lf~ I I I S\Planning\SHARED\WP\PROJECTS\NW 7th Coun (Homnch)\COA.doc 13TH ----------- i ---i i I I 1 1 ~ \ \ I l I 1 I I I I I J i I -1 i -"1 ! I / ~ 130 65 I ,,---- . 520 " I Feet 1 "T-' Exhibit "A" - NW 7th Ct. Location Map ~ 13TH / ( ~ i I I ~ i I SITE I . i I Rlf=A-i J . '~Singl~ family ; . Residential--< I i " -1 * * * * , , R-1-A ISinglefa~ily * . Residential * * ;---- ..-.------ ~ I -Lx> '"""' II ) I ..... """' 'I i ; R-1 ~AA r I Single ;family Residential I -1 -1 1 I ~ I l~~-~ -------I ~ ~~ // ( 10TH ~---------"-, ( i . I I o 130 260 390 * - Existing homes on 50-foot wide lots as originally platted .----------... i I * -I ! I -.-----.---.1 ---...., --.-------_-__--1 ------- -i -- ,-_..----~_. ..~ I ---------1 * --_....,j I i I I --I I I I I * - --------.--! i , -I I 1 .w~}/ .-' "I'- "I~ ~ 0~~ .....' " 1-" ..\........-- V' r o ..., to? 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'f,.<J ~~ I~~ I? ~~ EXHIBIT liB" LY':, i -->~ '_ L /) '..~/'/ \_~. ~ ,- I I~ V> ..., :r l> < rn I '\ moo I~~' N~~'!~~ I '?HEET Z OF Z '2:: ~ SCALE: 1!l6" == ] FT /~~/%a/// -////~~ 20' Pf\:~"_O:N'-"'//>/."/~/'/' /./ //.... /..' / / / / / / ' / , " : /'. / . / / / . / / // //.' //'/",.' . ,', / // /,,/>,/ / /" // ///',/ // . / // -/- -/////// ///<6'/ %~#h//~// //,,>///////,/?>/~~ cJ\Hlfjl' /j 50.00' i~ - -- - I I I I I I I I , I I i . ~ -... . - ' DRIVEWAY 28FT. :.: <i > LOT 211 SINGLE F AMIL Y RESIDENCE FINISH FLOOR 19.10 I 0 ~ I rn 0 I r0 r0 I ~ .- CD , n ! I 7W I i"li" ---,. 7 I/.' /2 I I .. ...1 I I SITE PLAN I i CONC. PATIO I I I I I I I I I J I i_ ____ __ __ __ __ __t~ _ _ _~._~~~ 5' U.E, 50.00' 38 FT. ------------- LOT 164