Minutes 09-02-08
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION HAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, SEPTEMBER 2, 2008 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Marlene Ross, Commissioner
Woodrow L. Hay, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Rev.
Rick Riccardi, Police Chaplain. Vice Mayor Rodriguez led the Pledge of Allegiance to the
Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Hay asked that discussion about Community Investment Funds be added
to the agenda. Mayor Taylor indicated it would be added under XI. New Business.
Attorney Cherof asked that a request for a closed door session, regarding the Alliance
lawsuit, to be held after the next Commission meeting, be added under XII. Legal, E.
Other.
2. Adoption
Motion
Commissioner Hay moved to approve the agenda as amended. Commissioner Weiland
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
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September 2, 2008
Commissioner Hay expressed his gratitude, along with other Commissioners, for
participating in the Fire Department's MDA Boot Drive and commended all the
firefighters for their efforts. Mayor Taylor agreed and thanked everyone for their
tremendous contributions for a great cause. Chief Bingham thanked the Commission for
their participation and announced the goal of $25,000 was attained with a collection
total of over $40,000.
Mayor Taylor congratulated the Police Department on their achievements at a friendly
competition with surrounding police departments raising $1,400 for the Police Athletic
League's programs. Also the Palm Beach County League of Cities meeting was hosted
by Boynton Beach at the Intracoastal Clubhouse. Many of the participants were
impressed with the view over the inlet and the clubhouse. He thanked all the staff who
helped make the meeting a success.
Mayor Taylor reported there continues to be confusion on the part of the citizens
regarding the new garbage and bulk trash pick-up schedule and suggested the various
changes again be communicated to the residents. He suggested the grace period for
compliance be extended to September 30, 2008. Mr. Bressner agreed another
notification could be sent in the water bills and agreed the extended grace period would
be warranted.
Commissioner Hay questioned the cost effectiveness of the change. Mr. Bressner
pointed out the change would save approximately $190,000 per year by better
utilization of the equipment with a six-day schedule. Commissioner Ross added the
citizens are trying to understand the change and she advised her constituents the
matter would be revisited in six months.
Vice Mayor Rodriguez related he had met with State Senator Jeff Atwater and Rick
Gonzalez with REG Architects and discussed the possibility of restoration of the Old High
School. The intent was to bring attention for funding at the State level.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS &
PRESENTATIONS
A. Announcements:
1. September 9, 2008 at 6:30 p.m. Public Hearing on Adoption of
Final Fire Assessment Rate Resolution and 1st Public Hearing on
the Adoption of Fiscal Year 2008/2009 Budget.
Mayor Taylor advised on September 9, 2008 at 6:30 p.m. would be the public hearing
on the adoption of the final fire assessment rate and 1st public hearing on the adoption
of the fiscal year 2008/2009 budget.
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2. September 16, 2008 City Commission Meeting rescheduled to
September 18, 2008 at 6:30 p.m. including 2nd Public Hearing on
the Adoption of Fiscal Year 2008/2009 Budget.
He also announced the September 16, 2008 City Commission meeting had been
reschedule to Thursday, September 18, 2008. This meeting would be the 2nd public
hearing on the adoption of the fiscal year 2008/2009 budget.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Liturgical Dance Day - September 7, 2008
Mayor Taylor read the proclamation setting aside September 7, 2008 as Liturgical Dance
Day.
b. Operation Homefront - Florida Week - September 1 - 8,
2008
September 1 - 8, 2008 was proclaimed Operation Homefront - Florida Week. Mayor
Taylor read the proclamation and explained organizations such as Operation Homefront
were an essential benefit for the men and women serving in the Armed Forces away
from their homes.
2. Presentation of a check in the amount of $135,611 from State
Representative Mary Brandenburg for a Florida Recreation
Development Assistance Program (FRDAP) grant for the
development of Congress Avenue Community Park and Barrier
Free Playground.
State Representative Mary Brandenberg presented a check to Mayor Taylor for the
development of Congress Avenue Community Park and Barrier-Free Playground. The
Florida Recreation Development Assistance Program grant was in the amount of
$135,611. She strongly urged future applications for grants be submitted. Mayor Taylor
expressed everyone's appreciation for Representative Brandenburg's assistance.
3. Presentation by Janet DeVries, Library Archivist, of her newly
published book titled, Sport Fishing In Palm Beach County to the
Mayor, Commission and City Manager.
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Craig Clark, Library Director, introduced Janet DeVries, Library Archivist and author of
her new book, Sport Fishing In Palm Beach County. Mr. Clark noted Ms. DeVries does
an excellent job keeping the history of the area alive. Ms. DeVries presented
autographed copies of the new book to the Mayor, Commission and City Manager,
including 128 pages with 220 vintage photos. The book commences when the Boynton
Inlet was first created in the 1920s, highlights the heyday of fishing in the 1950s, and
then continues to the present day. She thanked the Commission for their support and
announced the proceeds from the book would go to the Schoolhouse Children's
Museum. Ms. DeVries invited everyone to a reception being held on Wednesday,
September 10, 2008 at 6:30 p.m. for a book signing. Mayor Taylor commended Ms.
DeVries on her third published book.
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>
Doris Jackson, 531 NW 10th Avenue, reported the recycling bins on NW 10th Avenue
were not being consistently collected. Mayor Taylor advised the matter would be
investigated.
Victor NOrfus, 261 North Palm Drive, mentioned again the appointment of citizens to
the Community Redevelopment Agency Board being placed on the meeting agenda.
Mr. Norfus recalled that he had contended that a grocery store was needed along Martin
Luther King Boulevard which was now being required for the developer also. Other
suggestions of the citizens would also become required by either the City or State
regulations. He contended the power of the Board should be returned to the citizens so
it would not be as politicized. Mayor Taylor indicated the grocery store issue was being
addressed with a market study that revealed the area could not support a major store.
A smaller scale store was being considered. He did not feel the current Board was
politicized and the Community Redevelopment Agency has been recognized locally,
State-wide, County-wide and internationally as one of the best. The community is very
well represented by Commissioner Hay who voices the concerns of the citizens regularly.
Commissioner Hay appreciated the comment and reiterated his position that the Board
should be independent and he would continue to work in that direction.
Mack McCray, 806 NW 4th Street, thanked State Representative Mary Brandenburg for
the funds. Mr. McCray voiced concern regarding the parking of the fire trucks on
Boynton Beach Boulevard during the fundraising efforts, created a safety hazard.
Pamela Thompson-Elder, 101 NW 13th Avenue, presented a certificate of appreciation
from the Heart of Boynton Community, for participating in the Intergenerational
Gathering.
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Henderson Tillman, 54 Bentwater Circle, addressed issues of budgeted expenditures
for the City of Boynton Beach and the Community Redevelopment Agency Board. He
was concerned about financing for the Community Redevelopment Agency and the
reduction in revenues of 56% over the last two years that has been earmarked for the
City. Mr. Tillman contended bonds were issued for specific projects based on the
anticipated revenue and, if TIF monies were directed to the City of Boynton Beach, the
bonded projects could not be completed. Based on the mission of eliminating poverty
and blight, he questioned the $1 million spent for police over the last few years. It
appeared to him there was a movement to eliminate the Community Redevelopment
Agency due to lack of funding.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3)
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08
III Rodriguez Cemetery Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Code Compliance Board Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/08
Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2)
IV Ross Library Board Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Library Board Reg 3 yr term to 12/09 Tabled (2)
Mayor Taylor Recreation & Parks Advisory Board Alt 1 yr term to 12/08
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (3)
Motion
Vice Mayor Rodriguez moved to table all appointments. Commissioner Ross 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,
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September 2, 2008
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 19, 2008
Commissioner Ross pulled Item VI.A for discussion.
B. Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2007-2008 Adopted Budget.
1. Approve a piggyback of Palm Beach County Contract #2008052
(Annual Roadway Landscaping) to Superior Landscaping and
Lawn Service, Inc. of Miami, FL. in the amount of $26,741 to
landscape Bicentennial Park in preparation for the Veterans Day
celebration.
2. Approve a piggyback of Palm Beach County Contract #2007052
(Annual Pathway & Minor Construction Contract) to Charles S.
Whiteside Inc. of West Palm Beach, FL. in the amount of
$114,679.50 to design and construct Bicentennial Park in
preparation for the Veterans Day celebration.
3. Award Bid #058-2510-08/0D "ANNUAL SUPPLY OF METAL
CONTAINERS AND ROLL-OFFS" to Waste Equip d/b/a Industrial
Refuse Sales of Eaton Park, FL. for an estimated expenditure of
$120,000.
4. Award Bid #060-2821-08/0D "FURNISH AND INSTALL VARIOUS
PARK ENTRYWAY SIGNS PHASE II" to L & J Signs Awnings, Inc.
of Orlando, FL. in the amount of $33,380.
5. Award Bid #052-2516-08/JA, "PURCHASE OF ONE (1) NEW AND
UNUSED HIGH COMPACTION COMMERCIAL FRONT LOAD
REFUSE COLLECTION TRUCK AND ONE (1) NEW AND UNUSED
HIGH COMPACTION AUTOMATED REFUSE COLLECTION TRUCK"
to Palm Peterbuilt GMC, Inc. of Ft. Lauderdale, FL. in the amount
of $417,086.
6. Approve a piggyback of the City of North Miami Beach Bid #2008-
002 to NDI Technologies Inc. (Veri Plate) of Longwood, FL. in the
amount of $39,625.
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C. Resolutions
1. Proposed Resolution No. R08-096 RE: Approving and
authorizing execution of a Subordination of Encumbrance to
Property Rights of County of Palm Beach, FL for the subordination
of an existing utility easement in conjunction with the widening of
Old Boynton Road.
2. Proposed Resolution No. R08-097 RE: Approving and
authorizing execution and payment of the Annual Service
Renewal Agreement between Motorola and the City of Boynton
Beach in the amount of $135,292.92.
3. Proposed Resolution No. R08-098 RE: Approving and
authorizing a two percent (2%) increase to the minimums and
maximums of the City of Boynton Beach pay schedule for SEIU
Florida Public Services Union, CTW, CLS White Collar and Blue
Collar employees and general employees.
4. Proposed Resolution No. R08-099 RE: Approving and
authorizing an agreement with Blue Cross Blue Shield of Florida
(BCBSF) to provide voluntary fully-insured BlueMedicare HMO and
Private-Fee-for-Service Employer Group Waiver Plans (EGWP) to
the retirees of the City.
5. Proposed Resolution No. R08-100 RE: Approving and
authorizing execution of an agreement with Palm Beach County
for funding of the Sand Sifters "Be Green Halloween" event.
6. Proposed Resolution No. R08-101 RE: Approving and
authorizing the appointment of a member of the Boynton Beach
City Commission as a representative to the Greater Boynton
Beach Sister Cities Committee, Inc.
Commissioner Ross and Commissioner Hay pulled Item VI.C.6 for discussion.
D. Approve negotiation of a contract with IBI Group, Inc. of West Palm
Beach, FL RFQ #055-2730-08/JA, "FOR THE DESIGN AND
CONSTRUCTION DRAWINGS FOR THE PALMETTO GREENWAY
EXPANSION AND BARTON PARK GREENWAY" in the amount of $556,070
funded by Florida Department of Transportation.
E. Approve the use of $2,500 from Vice Mayor Rodriguez's Community
Investment Fund for the Caridad Center.
Commissioner Ross pulled Item VI.E. for discussion.
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F. Approve the use of $1,000 from Commissioner Weiland's Community
Investment Fund for the Boynton Beach City Library to purchase large
print books.
Motion
Commissioner Hay moved to approve the Consent Agenda with the exception of Items
VI.A.1, C.6 and E. Commissioner Ross seconded the motion. The motion passed
unanimously.
VI.A.1
Regular City Commission - August 19, 2008
Commissioner Ross requested a correction of the minutes on page five to read, "There
was a Community Foundation established for Palm Beach and Martin Counties. . .ff
Motion
Commissioner Ross moved to approve the minutes as corrected. Commissioner Hay
seconded the motion. The motion passed unanimously.
VI. C. 6
Proposed Resolution No. R08-101 RE: Approving and
authorizing the appointment of a member of the Boynton Beach City
Commission as a representative to the Greater Boynton Beach Sister
Cities Committee, Inc.
Commissioner Ross pointed out a name had to be added to the Resolution and there
was no funding allocated in the 2008/2009 budget for Sister Cities. Vice Mayor
Rodriguez was willing to relinquish his prior appointment. Mayor Taylor explained the
appointed was to act as a liaison for the Commission and the appointment was for one
year. Commissioner Weiland volunteered to serve as the representative and
Commissioner Hay volunteered as the alternate.
Motion
Vice Mayor Rodriguez nominated Commissioner Weiland. Commissioner Ross seconded
the motion. The motion passed unanimously.
Motion
Vice Mayor Rodriguez moved to nominate Commissioner Hay as an alternate to Sister
Cities. Commissioner Weiland seconded the motion. The motion passed unanimously.
Motion
Commissioner Ross moved to approve Item VI.C.6. Commissioner Weiland seconded
the motion. The motion passed unanimously.
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VI.E. Approve the use of $2,500 from Vice Mayor Rodriguez's Community
Investment Fund for the Caridad Center.
Commissioner Ross pulled the item to inform Vice Mayor Rodriguez she would give
$250. She noted it was a wonderful facility used by many of the residents.
Commissioner Hay gave $500. Commissioner Weiland contributed $1,500.
Motion
Commissioner Ross moved to approve Item VI.E with the changes. 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.
None
IX. CITY MANAGER'S REPORT:
A. Review and discussion of the cost analysis for the purchase and
implementation of electronic agenda software, and to direct staff as to
whether or not the Commission wishes to go forward with this project.
Carisse LeJeune, Assistant to the City Manager, reported a cost analysis had been done
and a paperless agenda would save approximately $6,900 per year. Staff research
revealed an electronic agenda would provide efficiency of automation without significant
changes of the process. The R&S EasyAgenda was the preferred provider because it
can be customized to the current work flow, interface with the current record storage
system, was upgradeable and more user-friendly than other products. The proposal
included a minutes module that would enhance the preparation of summary style
minutes. The final cost would be $54,785 and $55,000 had been budgeted in the
2008/2009 budget. The Community Redevelopment Agency was also willing to pay the
cost of the additional meeting body license for a total cost of $4,375.
The alternatives were to continue the paper/binder agenda at no additional cost,
purchase R&S EasyAgenda or prepare the agenda in a PDF format to be viewed on
computers for a cost of $15,000 to cover hardware and electrical wiring.
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September 2, 2008
Commissioner Hay advocated the electronic agenda and hoped the project could move
forward to increase efficiency and improve interaction between departments. He
recommended the R&S Integrated EasyAgenda because of the ability to interface with
the LaserFiche system. Janet Prainito, City Clerk, advised her office would still be
responsible to prepare the agenda and was working with the ITS Department to
integrate the new software into the process. Paper copies of the agenda without any
backup materials would still be available to the public along with access online to the
entire packet. The possible loss of interpersonal contact with the citizens was discussed
as well as any change in the Commission's access to the agenda for meeting
preparation. Neither were determined to be problematic. Commissioner Weiland was
willing to give it a try.
Robert Porter, CEO of R&S Integrated, explained thumbnail drives would be used to
distribute the new agendas and notes, bookmarks and highlights could be added
independently. Full implementation could be accomplished in 30 to 40 days with three
meetings thereafter using parallel, paper and computer agendas for the testing phase.
He added R&S Integrated had done business with the City for the past 12 years and was
familiar with the business processes within the departments and organizational structure
of the City. The cities of Lauderdale Lakes, Miramar, Wellington, and Titusville are
already in full production and the Lee County School District has 350 people
participating in the agenda process and using the software.
Motion
Commissioner Hay moved to move forward and recommended R&S Integrated
EasyAgenda be the vendor. Commissioner Weiland seconded the motion. The motion
passed unanimously.
B. Award BID #037-151O-08/0D, for "FURNISH AND INSTALL BROADCAST
PIX SWITCHER SYSTEM" to Digital Video Systems, Inc. of Medley, FL in
the amount of $71,420
Lori LaVerriere, Assistant City Manager, reported the bid was a capital project that would
allow the video taping and taped delayed broadcasting of City Commission meetings.
The 2007/2008 capital program included $110,000 for the project. There would be the
eventual capability of video taping both Community Redevelopment Agency Board
meetings and Planning and Development meetings. If approved, a training program
would be involved along with the installation of five new cameras and other acoustical
improvements. The total project cost was estimated at $86,000.
Vice Mayor Rodriguez inquired about the data on viewership for Channel 18. It was felt
40% to 45% of the population would be the maximum number of cable subscribers
within the City limits who may have access. The feedback on BBTV has been positive
from many individuals. Tony Leal, Video Specialist, added the 10 hours of State
mandated programming was being addressed. Mr. Leal noted once the equipment was
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September 2, 2008
installed, live broadcasts could be commenced at any time, rather than the tape delayed
video.
Commissioner Weiland recognized the project has been pending for many years and
could possibly attract more interest in the meetings and local government, if the
meetings could be televised live. Commissioner Hay agreed with the concept; however,
the benefit derived from the Community Investment Funds was more significant. He
stressed it was a new discretionary project. Mayor Taylor agreed with Commissioner
Hay, suggesting the project be delayed one more year if revenues increased.
It was discussed that the electronic agenda did include a cost savings and was a green
project as well. Commissioner Weiland remained in favor of the televised meetings bid.
Motion
Commissioner Hay moved to delay the expense for at least one year and then take
another look at it. Commissioner Ross seconded the motion. The motion passed
unanimously. Commissioner Weiland indicated he voted in favor of the motion to
remain on the positive side of the vote.
X. FUTURE AGENDA ITEMS:
A. September 9, 2008 - City Commission Hearing/Adoption of Proposed FY
2008/2009 Budget (1st Hearing)
B. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008
C. September 18, 2008 - City Commission Budget Public Hearing - Adoption
of FY 2008/2009 Budget (2nd and Final hearing) at 6:30 p.m.
D. American Assembly Implementation Recommendations - September 18,
2008
E. Review of NE 1th Avenue Canal - (Tabled on August 5, 2008 to
September 18, 2008)
F. Reconsideration of conveyance of Old High School from CRA to City of
Boynton Beach - October 7, 2008
G. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - November, 2008
H. 2008 Recreation and Parks Strategic Plan Update - January, 2009
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I. Approve donations to the Juvenile Transition Center in the amount of
$6,500 from the Police Department's Law Enforcement Trust Fund.
(Tabled on August 5, 2008)
J. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008
XI. NEW BUSINESS:
A. Discussion of Community Investment Funds
(This item was added to the agenda)
Commissioner Hay suggested reconsideration of budgeting for the discretionary monies
because of its immediate reward and benefit to the City and the residents. Mayor Taylor
advised the $10,000 for each Commissioner, totalling $50,000, had been eliminated
from the budget. He favored Commissioner Hay's suggestion because it helped people
and organizations in dire need. Vice Mayor Rodriguez agreed with Commissioner Hay's
rationale, but in the spirit of being efficient and in light of recent budget cuts and
reduced revenues, the amount should be reduced to $7,500 each.
Motion
Commissioner Hay moved to reinstate the Community Investment Funds at $50,000,
$10,000 for each. Commissioner Weiland seconded the motion.
Vice Mayor Rodriguez stated, "Just for record, everybody is doing their part in reducing
expenses. This Commission should do the same thing. And I understand these are
nice-to-haves, but, you know, I feel that we should, if we had $10,000 before, we
eliminated it early in the budget cycle, because we knew it was discretionary and nice-
to-haves. We are flip-flopping here, nice-to-haves versus, you know, gotta-haves. I'm
going to vote against it because I think we should be efficient and if we can't reduce our
spending we shouldn't ask anybody else to reduce their spending."
Herb Suss, 1711 Woodfern Drive, was riled because the Commission voted for their
own pensions and backdrop of benefits, yet would not agree with the reduction of these
funds for austerity. He agreed with Vice Mayor Rodriguez's position.
The motion passed 4-1. (Vice Mayor Rodriguez dissenting)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
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September 2, 2008
1. Proposed Ordinance No. 08-023 RE: Amending the
provisions of the City of Boynton Beach Code of Ordinances which
prohibits the sale of alcoholic beverages on Sunday mornings.
(Commissioner Weiland requesting reconsideration)
Attorney Cherof advised first a motion would be needed for reconsideration and if
passed, the matter would be placed on the next agenda to accommodate additional
advertising for second reading of the ordinance.
Motion
Commissioner Weiland moved to reconsider. Commissioner Ross seconded the motion.
The motion passed 3-2. (Vice Mayor Rodriguez and Commissioner Hay dissenting)
2. Proposed Ordinance No. 08-026 RE: Amending the
Community Redevelopment Plan to clarify that enclaves and other
properties annexed into the City that are within the previously
designated boundaries of the CRA are part of the Community
Redevelopment Area and therefore subject to jurisdiction of the
Community Redevelopment Agency. (Tabled on August 19,
2008)
Attorney Cherof read Proposed Ordinance No. 08-026 by title only on second hearing.
Motion
Commissioner Weiland moved to remove Item XII.B.2 from the table. Commissioner
Ross seconded the motion. The motion passed unanimously.
Mayor Taylor opened the issue for public hearing.
Attorney Cherof commented the Ordinance included amendments suggested by the
Property Appraiser's office and any motion would need to include those amendments.
There is also additional language regarding the Ordinance being effective upon adoption
of the resolution by the Community Redevelopment Agency Board.
Mark Karageorge, 240A Main Boulevard, contended the Gulfstream Gardens project
was promoted by the Community Redevelopment Agency. Mr. Bressner stressed the
area was developed on the basis of the market.
Commissioner Weiland reiterated even though they were enclaves within the City, once
the Community Redevelopment Agency boundaries were expanded, the properties
should have fallen into the area. TIF funding has been lost with the enclaves being
excluded. Mayor Taylor noted the Ordinance addressed the concerns previously
mentioned by Mr. Tillman. Mr. Bressner clarified in 1999 and 2000 the City modified the
Community Redevelopment Agency area. The maps prepared at that time excluded the
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September 2, 2008
properties now being considered because the enclaves were not within the City.
Statutorily, for a property to be included in the Community Redevelopment Agency area,
the Community Redevelopment Agency Board must adopt a resolution requesting that
the property be annexed into the City. This requirement had not been done regardless
what some maps had indicated. The Property Appraiser's legal description, which is the
controlling document, excluded the properties. Attorney Cherof advised the Ordinance
would deal with the issue retroactively and prospectively for any future annexations,
based upon discussion with the Property Appraiser's office.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance 08-026, as amended and
subject to the passage of the resolution by the Community Redevelopment Agency
Board. Commissioner Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
3. Proposed Ordinance No. 08-027 RE: Approving the
abandonment of existing utility easements at Trinity Church
International, 7255 South Military Trail, Lake Worth, FL.
Attorney Cherof read Proposed Ordinance No. 08-027 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor
closed the public hearing.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 08-027. Commissioner
Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
4. Proposed Ordinance No. 08-028 RE: Amending the
Land Development Regulations, Chapter 21, Zoning, Section 5.B,
Signs Allowed in Industrial Zoning Districts, to reduce the
maximum height of freestanding signs from twenty (20) feet to
ten (10) feet.
Attorney Cherof read Proposed Ordinance No. 08-028 by title only on second reading.
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September 2, 2008
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor
closed the public hearing.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-028.
Commissioner Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
Attorney Cherof requested the Commission meet with him in a closed door session to
discuss pending litigation with respect to the Alliance lawsuit challenging the adoption of
the fire assessment six years ago. The case is set for trial between September and
December 2008. The City Manager and City Attorney would be participating in a
mediation conference next week. The conference would be held at the conclusion of
the next Commission meeting.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:03 p.m.
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Attest:
(J~~
aadith A. Pyle C7
Deputy City Clerk
CITY OF BOYNTON BEACH
,..~_.
Woodrow L. Hay, Commis . ner
/~L
Marlene Ross, Commissioner
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