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Minutes 09-04-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 4,2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Mack McCray, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:31 p.m. and offered the invocation. Commissioner Carl McKoy led the Pledge of Allegiance to the Flag. Mayor Taylor announced Commissioner McCray could not attend the meeting due to an illness in the family. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested a discussion be added to the next agenda on the Commission's position relating to the referendum on property tax reform to be voted on in January 2008. He advised County Commissioner Mary McCarty had requested a meeting with all municipalities on September 20th to establish a strategy, if any, for addressing the issue to the voters. The City of Weston had legally challenged the proposed referendum as being unconstitutional, containing misleading language, and listing more than one item on the ballot when only one is allowed. Commissioner McKoy supported the meeting; however, he was concerned that the formal position of the Commission was being determined prior to the November election when at least two districts would have new representation on the Commission. Vice Mayor Rodriguez noted Commissioner McCray had requested that the Unfinished Business items be removed from the agenda. 1 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Mayor Taylor suggested the request be discussed when XIII. Unfinished Business is reached in the agenda. 2. Adoption Motion Commissioner McKoy moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 1. First Budget Public Hearing for Fiscal Year 2007/08 Budget 2. Proposed Resolution No. R07-100 Millage Rate for Fiscal Year 2007/08 Re: Adopting the Proposed 3. Proposed Resolution No. R07-101 Budget for Fiscal Year 2007/08 Re: Adopting the Tentative Attorney Cherof advised the public this was the first of two public hearings relating to the proposed budget and the millage. Attorney Cherof read Proposed Resolution No. R07-100 by title only and announced the second public hearing would be held on September 18, 2007 at 6:30 p.m. in Chambers. Mayor Taylor opened the issue for public hearing. Herb Suss, 1711 Wood Fern Drive, contended the millage rate should not be reduced. He felt it would be better to maintain the status quo and allow the new Commission being elected to review the budget. The current tax structure warranted not lowering the tax rate at this time. No one else coming forward Mayor Taylor closed the public hearing. Mayor Taylor advised the rate was lowered at the direction of the State and could only be maintained at the current rate with a unanimous vote of the Commission. Motion Commissioner Weiland moved to approve Proposed Resolution No. R07-100. Vice Mayor Rodriguez seconded the motion. Mayor Taylor called for a roll call vote. Vote City Clerk Prainito called the roll. The motion passed 4-0. 2 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Attorney Cherof read Proposed Resolution No. R07-101 by title only. Mayor Taylor opened the issue for public hearing. Alex Difonzo, President of Boynton Regional Symphony Orchestra, from Abbey Delray, Delray Beach, FL, recalled the formation of the orchestra and praised the support of the late Vice Mayor Ensler in his attempt to stimulate a cultural presence in the City of Boynton Beach. The orchestra was striving for financial independency and was very grateful for the assistance of the Commissioners through their discretionary funds which was still needed. The orchestra would welcome another Commissioner to serve on the Board of Directors and the continued financial support of the City of Boynton Beach. Mayor Taylor commented the orchestra is an asset to the City. Although the previous funding had been cut from the budget the Mayor pledged his continued support to solicit private donors to contribute to the orchestra and their many events. Mayor Taylor noted the late Vice Mayor Ensler had funds remaining in his campaign account and the City was working with the State to perhaps donate those funds to the orchestra. No one else coming forward, Mayor Taylor closed the public audience. Commissioner Weiland commented on the three positions being eliminated from the budget. Although he had preliminarily supported allowing the positions to remain in the budget, he realized the Commission had a fiduciary responsibility to the citizens of the City of Boynton Beach. He had determined the budget should be adopted as previously outlined knowing that in January future cuts may be eminent affecting other employees. Commissioner Weiland sympathized with the affected employees and thanked them for their many years of service to the City. Mayor Taylor added it was the toughest job of management to eliminate an employee no matter what the circumstances may be. Unfortunately the current budget was the best possible remedy to the decreased revenue and lower tax rate imposed by the State. Motion Commissioner Weiland moved to approve Proposed Resolution No. R07-101. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Attorney Cherof reiterated there would be a final hearing on the proposed millage rate and proposed budget on September 18, 2007 at 6:30 p.m. in the Chambers. The public will have an opportunity to express their concerns regarding both proposals. II. OTHER: A. Informational Items by Members of the City Commission 3 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Commissioner McKoy thanked Chief Immler and the Boynton Beach Police Department for the successful operation dealing with the adult entertainment activity within the City of Boynton Beach. Mayor Taylor offered the entire Commission was proud of the work done by the Police Department to curb the illegal activities. Commissioner Weiland acknowledged Valorie Moats and Carisse LeJeune for their outstanding job relating to the Delton Demons military unit adopted by the City of Boynton Beach. Kim Reynolds, 10795 Cambay Circle, spoke about the outstanding job done by Sharon Vicki at the Civic Center and her dedication to the various programs offered, especially the dance programs. Ms. Vicki dealt with everyone involved in a professional manner and had fantastic public relations skills. Ms. Reynolds requested the Commission reconsider its decision and re- evaluate the budget to accommodate Ms. Vicki's position. Lynn Howell addressed the Commission in support of reinstating the position of tennis pro, Bob Howell. She could not understand how a long time employee could be let go and then re- hire a contract employee to save money. She advised two letters had been sent out in error by the Human Resource Department to members of the tennis center that Bob Howell was no longer the tennis pro and the apologies for the mailing errors were not acceptable. Ms. Howell did not feel the employee had been treated fairly. Mayor Taylor mentioned a contingency from the tennis community was present at the budget workshop and spoke highly of Mr. Howell. He advised the elimination of the positions was not based on job performance. The decision was based on the needs of the City and the cuts had been discussed publicly at the workshop. Sharon Vicki, Recreation Manager, advised her position was being eliminated. She had worked 17 years full time and 8 years part time. She reviewed some of her accomplishments over the years and noted she had exceeded the standards on many of her yearly evaluations. Ms. Vicki asked that the elimination of her position be reconsidered, so she could continue to be an asset to the City of Boynton Beach. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements None B. Community and Special Events: None C. Presentations: 1. Proclamations a. None 4 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 2. Presentation of a Certificate of Appreciation to the City of Boynton Beach in appreciation for outstanding support of D Company 2-327 of the 101 st Airborne and selfless serJice and devotion to the soldiers and their families. Carisse LeJeune, Assistant to the City Manager introduced Valorie Moats of the City Clerk's office and explained the City's involvement with the Delton Demons of D-Company. She presented the Mayor with a Certificate of Appreciation from D Company of the 101 st Airborne Division, thanking the citizens and staff of the City of Boynton Beach for their continuing support. Mayor Taylor read a narrative written by Carisse LeJeune describing her recent visit to the military base in Kentucky. It was entitled "No Slack" and is on file in the City Clerk's office. 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, 1711 Wood Fern Drive, requested the Commission defer any decision regarding Ocean Breeze or Martin Luther King corridor until after the November election and a new Commission is in place. Mr. Suss suggested cutting the discretionary funds, the board dinner and down size the Christmas celebration rather than eliminate three positions. Mr. Bressner advised the board appreciation dinner had been eliminated. Karen Smith, 221 SW 6th Street, requested the construction vehicles for the Ocean 95 Plaza not be allowed through the Lake Boynton Estates neighborhood that includes an elementary bus stop and playground. Matt Burger, 221 SW 6th Street, questioned if an economic impact study had been done on Lake Boynton Estates with the proposed truck route through the neighborhood. Mr. Bressner recalled the Commission had already agreed to a bypass route. Mr. Burger stressed if the north or south route did not materialize, the truck route would revert through Lake Boynton Estates and an economic impact study would be wise. Mr. Bressner advised there was no requirement for the City to conduct such a study. Mayor Taylor pointed out trucks had been going through the neighborhood for many years. He did not agree with the proposed increase in traffic. Commissioner Weiland commented the City had worked with the neighborhood extensively to resolve the issue by approving the northern route and also a study for the feasibility of a southern route. He speculated the monies needed would exceed $2M and only $750,000 was originally budgeted. Budget cuts had already been made and more would be needed. The funds were not there for even more expenses. He stressed the developer has the right to gain access to his property. Commissioner Weiland also noted if the southern route would be 5 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 approved the neighbors in the apartments to the south will be objecting to the disruption of their quality of life by having a truck route near their homes. He emphasized only a small portion of the increase in traffic would actually be large trucks. Mr. Burger hoped the value of the neighborhood would not be depleted and families forced to leave their homes. Attorney Cherof reminded everyone the three minutes allotted were to express opinions and not engage in debate with the Commission. It was a business meeting of the City of Boynton Beach. Victor Norfus, 261 N. Palm Drive, discussed voter registration and initiatives to get more citizens registered. He was holding a voter registration drive in the Cherry Hill area and invited the Commission to attend and participate. He questioned what efforts were being made to advise the public of the upcoming election. He wondered if the City had participated in a forum for the candidates to discuss issues for the benefit of the voters. Mr. Bressner responded the League of Women Voters had sponsored candidate events and suggested Mr. Norfus contact that organization. Voter registration information could be posted on the cable channel. Edward Tedtmann, 869 NW 8th Avenue, commented the Ocean 95 Plaza was a large facility that could accommodate large trucks and high traffic volume. He felt the truck route should be eliminated all together. He felt it was a social issue and the Commission was being discriminatory . No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date IV McKoy Arts Commission Alt 9 mo term to 12/07 Tabled (2) Motion Commissioner McKoy moved to appoint Mathew Barnes to the Arts Commission. Commissioner Weiland seconded the motion. The motion passed unanimously. IV Mayor I McKoy Taylor Weiland Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals, Bldg. Bd of Adj & Appeals Reg Alt Alt 33 mo term to 12/09 Tabled (3) 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Tabled (3) 6 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Motion Vice Mayor Rodriguez moved to appointed Bonnie Glinski to the Cemetery Board. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Community Relations Board Alt 9 mo term to 12/07 II McCray Community Relations Board Alt 9 mo term to 12/07 I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (3) II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (3) II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) Motion Commissioner Weiland moved to table all appointments not made. 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. Regular City Commission - August 21, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Authorizing the restoration of two sections of 8" sewer mains on Quantum Boulevard by utilizing the Polk County Board of County Commissioners' Bid No. 06-133 which was awarded to Killebrew, Inc. of Lakeland, Florida. The anticipated cost for this repair is $218,314.68. C. Resolutions 7 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 1. Proposed Resolution No. R07-102 Re: Authorizing the City Manager and City Clerk to execute an agreement between the City and Tuscany Bay Homeowners' Association, Inc. to share the purchase cost and use of an emergency diesel-powered pump at a City Lift Station #927 2. Proposed Resolution No. R07-103 Re: Authorizing and directing the City Manager and City Clerk to execute a First Amendment to the Interlocal agreement with Palm Beach County for the purchase and sale of bulk potable water D. Authorize the Financial Services Department to reduce the Allowance for Uncollectible Accounts by $34,918.02 in the Sanitation Fund and by $24,011.03 in the General Fund. Commissioner Weiland pulled Item VLD. for discussion. Motion Commissioner McKoy moved to approve all consent agenda items not pulled for discussion. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VLD. Authorize the Financial Services Department to reduce the Allowance for Uncollectible Accounts by $34,918.02 in the Sanitation Fund and by $24,011.03 in the General Fund. Commissioner Weiland indicated he had met with the City Manager and offered ideas on how to correct the collection problems, which were forwarded to staff. Bobby Jenkins, Assistant Director of Finance, explained the request was simply an accounting function. The possibility of including the delinquencies with the utility billing had been considered along with collection agency interaction. The other ideas offered would be investigated and implemented, if feasible. Commissioner Weiland realized any action would need the approval of the Legal Department; however, he did want to be informed of the actions to be taken. Mr. Jenkins agreed more creative ideas would be pursued for collection. Mayor Taylor noted many of the businesses still operate within the City and have several outstanding balances. He suggested liens should be imposed. Mr. Jenkins agreed. Mr. Bressner added the fire inspection fees would be going to Code Compliance for hearings and liens if necessary. The liens will then interface with the occupational licensing. The alarm fees have also been going to Code Compliance. The procedure for collection of roll off fees within Public Works has been restructured to eliminate those balances. Attorney Cherof advised a previous ordinance had been drafted regarding the collection of fire inspection fees. The language could be. broadened to cover other issues. Implementation 8 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 issues had prohibited the ordinance from moving forward. Staff could review those issues again. Vice Mayor Rodriguez felt it would be more simple to attach the bills to the utility billing cycle and eliminate further costs of collection. Mr. Bressner advised it was being researched. Mayor Taylor felt a tougher stance should be taken. Attorney Cherof suggested with regard to roll offs, outstanding balances must be paid before new roll offs are delivered. Jeff Livergood, Director of Public Works, pointed out most of the delinquent amounts were from prior years before the new procedures had been implemented. He stressed the individuals or businesses with past due amounts would not be doing business with the City again until the bills were paid. Motion Commissioner Weiland moved to approve Item VI.D. Vice Mayor Rodriguez 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. Descri ption: 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) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) A. Project: Agent: Owner: Location: Motion Commissioner McKoy moved to remove item VIII.A. from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor advised there was a request by the applicant to table the matter to the September 18th meeting. No one was present representing the developer. 9 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Motion Vice Mayor Rodriguez moved to table Item VIILA. to September 18th. The motion passed unanimously. B. Project: Agent: Casa del Mar (SPTE 07-009) Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel LLP Ocean Boulevard Properties, LLD 2632 North Federal Highway, east of US #1, north of Dimick Road Request for a one (1) year site plan time extension for the Casa del Mar project, consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD) Owners: Location: Descri ption: Attorney Cherof administered an oath to those intending to testify and explained the procedure to be followed. Kathleen Zeitler, Planner, located the property and reported a site plan had been approved on July 18, 2006 for 42 fee simple townhouse units and 40 multi-family condominium dwellings on 4.11 acres of Infilled Planned Unit Development. Additional time was requested for the applicant to get the building permits. Justification for the request and good faith effort to move the project forward had been done. Ms. Zeitler noted the environmental permits required do take significant time to obtain. Staff recommended approval with all conditions of approval. Bonnie Miskel, agent for the applicant, was available to answer any questions of the Commission. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve a one year site plan extension. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Approve Capital Improvement Plan for FY 2007/08 Mr. Bressner explained the City had operated with a five year financial plan for the past seven years. The Utility Capital Improvement Plan would be presented in October. Mr. Bressner noted the budget for the Ocean 95 Industrial Park had been increased from 750,000 to $l.5M. The other big item was the boardwalk for the beach at $2.1M. Also $1.8M each year had been set aside for debt service in anticipation of a $25M bond issue for the police facility. The police facility would be the last major project. He thanked the Commission, and 10 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 the previous Commission, for providing the leadership for the many projects that are now completed. Commissioner Weiland requested assurance that there be some type of shade,roof or pavilion along the boardwalk so the citizens could have some protection from the sun and view the ocean. Mr. Livergood confirmed there would some type of shade along the boardwalk. Hopefully it would be something that could be taken down in advance of any storm to limit the damage. Motion Commissioner Weiland moved to approve the 2007-08 Capital Improvement budget for non- utility projects. Commissioner McKoy seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Discussion of Resolution No. 03-164 (Tabled on 08/07/07) B. Discussion of disposition of Old High School (Tabled on 08/21/07) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-022 Re: Amending Section 18- 135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. Attorney Cherof read Proposed Ordinance No. 07-022 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-022. Vice Mayor Rodriguez seconded the motion Vote City Clerk Prainito called the roll. The vote was 4-0. 11 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 2. Proposed Ordinance No. 07-023 Re: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. Attorney Cherof read Proposed Ordinance No. 07-023 by title only. Mayor Taylor opened the issue for public hearing. Marion Merkal, 905 SW 3rd Avenue, questioned the reported 5.5% annual increase after the initial increase of 6.5%. The increase would total 30% over the original amount by the year 2012 and would be a hefty increase. She also questioned the concept of an annual increase and requested information on how the figures were calculated and the plans for estimated cost of maintenance and expansion. Mr. Bressner replied the annual adjustments are estimates and would be evaluated by the Commission on a yearly basis depending on the total cost and projected future costs. He stressed there are mandates from the South Florida Water District to utilize the Floridan Aquifer for water supplies. Also the State DEP has mandated the sewer outfall from the wastewater treatment plant that extends into the ocean six miles must be capped or eliminated. The effluent has to be utilized for water reuse or injection pumped into the ground. A revenue stream must be established. Revenue bonds would be required. Mr. Bressner did clarify rate adjustments had not been made since 1992. Mr. Bressner offered to provide Ms. Merkal with any and all figures she wished to review. No one else coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance 07-023. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-024 Re: Amending the Land Development Regulations, Chapter 2. Zoning, by the addition of a new section with provisions and regulations for mobile vendors including definitions, location restrictions, review and approval procedures and requirements, and operational rules. 12 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Attorney Cherof read Proposed Ordinance No. 07-024 by title only. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-024. Commissioner McKoy seconded the motion Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-025 Re: Amending the Land Development Regulations, Part III. Chapter 2. Zoning, Section 4.B, by the addition of provisions and regulations for "Open-air pavilions" that will include pavilions, gazebos and tikijchickee huts, and corresponding setbacks and size criteria. Attorney Cherof read Proposed Ordinance No. 07-025 by title only. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-025. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 3. Proposed Ordinance No. 07-026 Re: Amending Article 1 of Chapter 2, Section 2-13.2 relating to the Community Redevelopment Agency (CRA) to provide that the City Commission shall be the governing body of the CRA and the Mayor and Vice Mayor the CRA Chairperson and Vice-Chai rperson. Attorney Cherof read Proposed Ordinance No. 07-026 by title only. Commissioner McKoy indicated Commissioner McCray had voiced concern with the item. Motion Commissioner McKoy moved to table item XII.C.3. due to Commissioner McCray not being present due to an illness in his family. The motion failed 2-2. (Mayor Tay/or and Commissioner Weiland dissenting) 13 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-026. Vice Mayor Rodriguez seconded the motion Vote City Clerk Prainito called the roll. The vote was 3-1. (Commissioner McKoy dissenting due to information stated asking to table.) D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Motion to Reconsider the receipt of reVISions to the Recreation & Parks Department Revenue Policy Manual regarding fees and charges and accounting for all revenue and provide an effective date of October 1, 2007 (TABLED ON 08/21/07) Motion Commissioner McKoy moved to remove item XIII.A. from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Mayor Taylor announced Commissioner McCray had requested the two items under XIII. Unfinished Business be tabled because he could not be present. Motion Commissioner McKoy moved to table Item XIII.A. due to the request. The motion failed 1-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland dissenting) Motion Commissioner Weiland moved to approve item XIII.A. Vice Mayor Rodriguez seconded the motion. Commissioner McKoy noted that any other time there had been an item on the agenda where there was a request by a member of the Commission to table due to the lack of their presence, that request was granted. 14 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Vote Motion passed 3-1. (Commissioner McKoy dissenting for the same reason.) B. Discussion regarding Code of Conduct/Ethics Motion Commissioner McKoy moved to table Item XIII.B. for the same reason. The motion failed 1-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Weiland dissenting.) Motion Commissioner Weiland moved to remove Item XIILB. from the agenda. Vice Mayor Rodriguez seconded the motion. Commissioner McKoy reiterated that any other time a Commissioner had made a request to table and there was additional information based on the Attorney's statement and Commissioner McCray wanted to have comment on this item, the request was granted. Commissioner McKoy would not support the motion. Vice Mayor Rodriguez understood Commissioner McKoy's concern but did not feel Commissioner McCray would have the support needed, even if he was present. Herb Suss, 1711 Wood Fern Drive, commented a huge cloud still hung over the City. Mayor Taylor did not share that opinion. Mr. Suss felt there should be a Code of Ethics for the Commission. The people would demand it. Mayor Taylor pointed out there was a Code of Ethics set by the State that the Commission abides by. Vote The motion passed 3-1. (Commissioner McKoy dissenting) XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:05 p.m. 15 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 CTIY OF BO~CH: J~lr fyor - !fry Ta r fJ~~ // ATTEST: i/ 16 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA I '"'evalopmont i; & Z !'ulldlng Engineering ,Gee. License Deputy City Clerk PROJECT NAME: Casa del Mar -.----------.- ." APPLICANT'S AGENT: Bonnie L. Miskel, Esq., Siegel, Lipman, Dunay, Shepard, & Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 42 fee- simple townhouse units and 40 condominiums on 4.11 acres in the IPUD zoning district. LOCATION OF PROPERTY: 2632 North Federal Highway (on the east side of U.S.1, north of Dimick Road). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on 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: 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 Applicant ~AS 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 App~t'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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: '1- 7-07 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\DO.doc EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 07-009 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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: 1. The site plan time extension shaH be subject to aH previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. ~ S;\PlanningISHARED\WPIPROJECTSICasa del MarISPTE\COA.doc