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Minutes 10-31-2018 Special MeetingMINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 31, 2018, AT 6:00 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Commissioner Joe Casello, Commissioner ABSENT: Christina Romelus, Vice Mayor Romelus Mack McCray, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Commissioner Casello gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add Informational Item. 2. Adoption Motion Commissioner Katz moved to approve the agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. INFORMATIONAL ITEMS Special Meeting Minutes City Commission Boynton Beach, Florida October 31, 2018 Commissioner Katz distributed a packet which contained an email and Planning and Zoning Board meeting minutes from July 2016 addressing an issue which was left open from the last Commission meeting. When he cited the information he believed the information to be correct. Commissioner Katz indicated for the record his assertion at the last Commission meeting was 100% correct. As such he would stand by what was stated at that time. Attached to the package was an email from the individual which called into question his statement of accuracy at the last Commission meeting and requested a formal public apology. Commissioner Katz indicated he was correct in his statements and there was no need for an apology. Commissioner Casello believed having this ordinance would address issues which have occurred in the City of Boynton Beach. Hopefully this ordinance would curtail some of those issues. He believed transparency was a concern for elected officials. This ordinance addresses transparency in the City of Boynton Beach. Mayor Grant reviewed the Florida tax watch amendment 12 discussion, regarding public officials becoming lobbyist. Indicated if this amendment passes, Florida would have the strictest lobbying ordinance of any State. Public officials could become lobbyist after 12 years of leaving office. Elected official are being held to a higher standard. Mayor Grant attended the Community Green event. Requested the approval of the Commission to place on Future Agenda about what was to be done about the Kapok tree which was not slated to be saved, also, asked how can the City further the urban canopy. There was a consensus. Commissioner Casello thought the tree was slated to be saved. Mayor Grant indicated the one next to the Historic School House was slated to be save but not the one next to the amphitheater 3. OTHER A. PROPOSED ORDINANCE No. 18-031- Second Reading City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member advocacy and lobbying. Attorney Cherof read Proposed Ordinance No. 18-031 into the record on second reading. Commissioner Katz stated he would like to offer a potential amendment to this Ordinance. In the spirit of the Constitution Revision Committee question, regarding lobbyist, there should be some type of prohibition of members which serve on the Advisory Boards or Commission. He believes that it was important to protect the integrity of these boards. He Special Meeting Minutes City Commission Boynton Beach, Florida October 31, 2018 would like to add some language which states when board members leave there would be a 12 -month prohibition on their ability to become paid lobbyist to the Commission or CRA. This would make sure the board was not being corrupted by special interest. The former board member would not be able to leverage their positon to become a lobbyist for special interest. He would like to place on the future agenda item a similar prohibition for elected official with similar language. Mayor Grant questioned if Amendment 12 passes as there was no need for a new ordinance. Commissioner Katz confirmed. Mayor Grant asked if the legal department needed specific language for the ordinance. Attorney Cherof responded language was needed to amend the ordinance. Mayor Grant stated he does not believe they can create, between the first and second reading. He asked if they could create some type of specific language. Attorney Cherof noted the Commission could amend any ordinance on the second reading. Mayor Grant asked if the ordinance language needed to be exact. Attorney Cherof stated the language needed to be worked out at this time. Commissioner Katz said if it was tedious it could be revisited at a later date. He was withdrawing the amendment to the Ordinance. Mayor Grant indicated it was as simple as saying a City board member would be prohibited from acting as a lobbyist for an additional 12 -months after resigning from an Advisory Board. Commissioner Katz noted if it was simple to have one sentence. He was ok with this. Attorney Cherof suggested the conservative approach would be to defer it and do it as an add on later based on the outcome of the referendum to the Constitution amendment. If the Commission were to change the ordinance on the dais they could create a subsection. Mayor Grant stated there were some questions that needed to be answered, such as what would the remedy be if the board member lobbied the Commission or the CRA. He would like to see the ordinance approved as stated. Stated the language could be worked out at a later date. Motion Commissioner Katz moved to approve as stated. Commissioner Casello seconded the motion. City Clerk, Pyle called the roll. Vote 3-0 (Vice Mayor Romelus and Commissioner McCray absent) 3 Special Meeting Minutes City Commission Boynton Beach, Florida October 31, 2018 Attorney Cherof questioned with the new rules will this item come back as a future agenda item or new business. Mayor Grant asked if Commissioner Katz would like to see this as a Future Agenda item. Commissioner Katz replied if this was about the prohibition on becoming a lobbyist after serving as an Advisory Board member. Mayor Grant confirmed. Attorney Cherof inquired if this should come back in the form of ordinance. Commissioner Katz confirmed. Commissioner Casello inquired if this would jeopardize Ordinance 18-031. Mayor Grant responded that ordinance has been approved. Explained this was something for a Future Agenda item. Commissioner Katz believes that Elected Officials should be held to the same standard as the appointed Advisory Board members. The intent of this ordinance was to prevent the special interests from gaining undue influence over the advisory board as well as the Commission. Noted his Future Agenda was meant to prohibit Commissioners as well as appointee to the Advisory Board from becoming lobbyist subsequent to their serving in their position. Inquired if this Ordinance could stand alone to prohibit both groups. Commissioner Katz indicated the future agenda for appointed and Elected Officials in the City lobbyist subsequent to their time on their board 4. ADJOURNMENT Motion i item should be to discuss a prohibition of Boynton Beach from serving as paid or the Commission. There being no further business to discuss, Commissioner Casello moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 6:14 pm (Continued on next page) Special Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judit A. Pyle, CMC City Jerk ueenester Nieves Deputy City Clerk October 31, 2018 CITrgT,OrH Mayor - Steven B. Q3Ant Vice Mayor ,,Christina Romelus r - Justin issioae{—Rack [WcCray ommissionetf Vacant 0110J:11N1> U M Gmail Fwd: lobbying ordinance 1 message Katz, Justin <KatzJr@bbfl.us> To: Justin Katz <j usti n robe rtkatz@g mail. com> Sent via the Samsung Galaxy S8, an AT&T 4G LTE smartphone Gmail - Fwd: lobbying ordinance Justin Katz <justinrobertkatz@gmail.com> Justin Katz City Commissioner - District I City Commission Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Tue, Oct 30, 2018 at 1:26 PM Physical Address: 3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 ® KatzJr@bbfl.us I Q boynton-beach.org/ Follow us on it Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -------- Original message From: David <commkay@aol.com> Date: 10/19/18 12:33 PM (GMT -05:00) To: "Katz, Justin" <KatzJr@bbfl.us>, "Grant, Steven" <GrantS@bbfl.us>, "Romelus, Christina" <RomelusC@bbfl.us>, "McCray, Mack" <McCrayM@bbfl.us>, "Casello, Joseph" <CaselloJ@bbfl.us>, "LaVerriere, Lori" <LaVerriereL@bbfl.us>, "Pyle, Judith" <PyleJ@bbfl.us>, "Cherof, James" <CherofJ@bbfl.us>, "Swanson, Lynn" <SwansonL@bbfl.us> Cc: ctodaro@pbpost.com Subject: lobbying ordinance Commissioner Katz, On August 7, 2018 at the City Commission meeting you made false accusations against me regarding a vote while serving on the P&D Board. Then at the October 16th, 2018 City Commission meeting, you once again claimed I had publicly of cast a vote in favor of the 211 East Ocean Avenue Project at a P & D board meeting. You continued to imply the project developer "Shovel Ready" had engaged me in a paid capacity subsequently to the alleged vote. In fact, at this week's meeting you emphatically refused to consider the possibility you might have been incorrect. Simultaneously, you claimed the said information could be easily be verified but no public admission that you might have misspoke regarding my actions. .iail.google.com/mail/u/1 ?ik=52d95aOca8&view=pt&search=all&permthid=thread-f%3A1615772138400993174%7Cmsg-f%3A1615772138400... 1/2 10/30/2018 Gmail - Fwd: lobbying ordinance This letter and attachment serve to correct the public record. The attachment is selected P & D Board meeting agendas beginning with July of 2017. This selection is a baseline to coincide with the timeline you referenced during your comments at the October 16th meeting. Please note there was no P & D Board meeting in December 2017. As you can see, the attached PDF removes any smidgen of any wrongdoing on my part. All sitting commissioners have readily available access to any and all records to make informed decisions. Your allegations are patently false combined with your failure to check the records prior to accusing me publicly of an improper act is inexcusable. Your rationale for supporting Ordinance 18-031 never existed. Lastly, I would request and appreciate a written and public apology from you. David Katz 67 Midwood Lane Boynton Beach, FL 33436 p & d board meetings.pdf 1460K https://mail.google.com/mail/u/17ik=52d95a0ca8&view=pt&search=all&permthid=thread-f%3A1615772138400993174%7Cmsg-f%3A1615772138400 . . 2/2 10/30/2018 Gmail - Fwd: P & D Board - 211 E Ocean Avenue MGma l Justin Katz <justinrobertkatz@gmaiI.com> Fwd: P & D Board - 211 E Ocean Avenue 1 message Katz, Justin <KatzJr@bbfl.us> To: Justin Katz <justinrobertkatz@gmail.com> Sent via the Samsung Galaxy S8, an AT&T 4G LTE smartphone Tue, Oct 30, 2018 at 1:25 PM Justin Katz City Commissioner - District I City Commission Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 0 KatzJr@bbfl.us I Q) boynton-beach.org/ Follow us on' Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -------- Original message From: "Simon, Michael" <SimonM@bbfl.us> Date: 10/19/18 5:49 PM (GMT -05:00) To: "Katz, Justin" <KatzJr@bbfl.us> Subject: P & D Board - 211 E Ocean Avenue Good afternoon CRA Board member Katz: As per your request, attached please find the minutes of the July 26, 2016 Planning and Development Board meeting minutes involving the approval of the 211 E. Ocean Avenue site plan application as submitted by Local DevCo (Shovel Ready Projects). As per your comments at Tuesday's City Commission meeting, Mr. Katz was the P & D Board Chairman at the time the project went before that Board. If you have any questions or need any additional information, please do not hesitate to contact me directly. Have a great weekend. Michael Simon, FRA -RA, CP3P, LRES Executive Director https://mail.google.com/mail/u/1 ?ik=52d95aOca8&view=pt&search=all&permthid=thread-f%3A1615772106360032544%7Cmsg-f%3A16157721164558... 112 10/30/2018 Gmail - Fwd: P & D Board - 211 E Ocean Avenue Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, Florida 33435 561-600-9091 16 561-737-3258 p SimonM@bbfl.us I Q http://www.catchboynton.com m BC7YNTON BEACH CRA America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. P&D Minutes approving Site Plan - 211 E. Ocean.pdf 345K https://mail.google.com/mail/u/1 ?ik=52d95aOca8&view=pt&search=all&permthid=thread-f%3Al 6l 5772106360032544%7Cmsg-f%3Al 6l 57721164558... 2/2 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 26, 2016, AT 6:30 P.M. PRESENT: David Katz, Chair Ryan Wheeler, Vice Chair Kevin Fischer Trevor Rosecrans Nicholas Skarecki Floyd Zonenstein, Alternate ABSENT: Brian Miller Stephen Palermo Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Hannah Matras, Senior Planner David Tolces, City Attorney Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance, led by Vice Chair Ryan Wheeler. 2. Roll Call Roll was called and it was determined a quorum was present. 3. Agenda Approval Chair Katz asked to move up Item 9 to right after Item 5. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the agenda as amended. The motion passed unanimously (6-0). 4. Approval of Minutes, April 26, 2016 meeting Chair Katz commented that verbatim minutes are not needed, but if a Board member asks a cogent question, he would like to see it in the minutes, who asked the question along with the answer, rather than "discussion ensued." Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the minutes of the May 24, 2016. In a voice vote, the motion passed unanimously (6-0). Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 5. Communications and Announcements: Report from Staff Mr. Rumpf, Planning and Zoning Director, said the following items from the July 5 City Commission agenda were approved: • All text amendment items involving used merchandise, sale and repair of motor vehicles and boats, the silos and storage containers, sustainable parking items. • All items Title 601 S. Federal Highway, which is a mixed-use project combining an office building and a residential building. Each item included land use and rezoning items, Community Design plan appeal, site plan, and height exception. Chair Katz asked about the decision to let True Treasures come into the space that was Home Depot or the grocery store, but now that they have withdrawn, if it would open up doors to other questionable parts of the city, like consignment shops. Mr. Rumpf stated he did not think so as he had this in mind when he made his recommendations. 6. Comments by Members — Discussion by Board of proposed training session from American Planning Association Chair Katz reported that he, Vice Chair Wheeler, and Mr. Fischer had gone to a training session put on by American Planning Association. The following items were discussed: • Whether giving notice of 400 feet for public notice is governed by City ordinances or by State Statute. Although it's a local ordinance, Mr. Rumpf said it could be determined by a sliding scale based on relevant information such as noise ordinances. Mr. Rosecrans said increased traffic counts could also be a trigger. • The sign code was rewritten as part of the Land Development Regulations (LDR) in 2010. • Some boards in this county get their backups sooner than this Board. A request was made to get the packets sooner. Citing presentation made by Sue Trevarthen, land planner and attorney from Broward County, an overview of the Board as a quasi-judicial body was discussed with Mr. Tolces. • Another part of Ms. Trevarthen's presentation concerned a board avoiding being arbitrary or discriminatory in making decisions. Mr. Tolces and Mr. Rumpf confirmed this position, stating the LDRs provide objective standards, most of them measurable. • An overview of ex parte communications cited Resolution 95.99. Various examples were reviewed, stressing transparency and compliance with the Sunshine law concerning public records 7. Old Business Chair Katz stated there was no old business. E Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 8. New Business A.1. 211 E. Ocean Avenue (MSPM 16-005) — Approve request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi -Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. James Williams, A&W Architects, gave a brief slide presentation, including the following points: • The historic Magnuson House is intended to be a casual neighborhood restaurant, with outdoor seating. o The CRA provided Historical Society's 1920s photographs so the front porch, which is not there now, could be duplicated. o Applicant proposes a trellised area for an indoor/outdoor beer garden. o The 750 sq. ft. on each floor of the main house will be retained. There will be an addition to the rear of approximately 1,300 sq. ft., as well as the covered porch in front and back. o The site will be kept as lushly landscaped as possible. o With the roof plan, the air conditioning equipment, as well at the kitchen exhaust hood, are hidden from view behind the structure and behind the 4 to 5 foot high mansard roof. • A stair will be added on the west side to access storage and office functions for management, allowing for no public access. The existing inside stairs will be coming outside to make room for seating, which has been approved by the Historic Board. • Working from the historic pallet of colors, the color scheme for roof, wood trim, and walls were chosen. Regarding parking, Mr. Williams explained the agreement with the CRA for the parking lot in the next block, as well as the parking lot at the City Park several blocks away, both in addition to on -street parking. Transit and transit -oriented developments are needed for this to be considered a CRA urban -style site. The Engineers have determined that 1) the existing fire hydrant located 200 feet from the front of the property, and 2) the existing water main are both sufficient. Eventually the water will be upgraded (five -ten years), but the Engineers have assured that the only concession on the plumbing is that they can't use flush valve toilets. Vice Chair Wheeler asked if Mr. Williams and his client are okay with the conditions of approval set forth at the last meeting. Mr. Williams admitted that for the most part, yes, but Item 13 regarding the buffer walls is an issue that requires discussion. The applicant knows he has to comply with noise ordinances, but he would prefer not to build walls around his site; he'd like to have good access. The CRA may participate in the building of this wall, but they didn't seem to be in favor of it either. However, it is written in the 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 ordinance. One mitigating feature is the project is not immediately adjacent to any incompatible use. Chair Katz asked if a landscaped "wall" would be better. Mr. Williams said there is heavy landscaping on the north and east sides. A solid masonry wall is best for stopping sound, but cost study on this wall is approximately $55,000. A PVC/vinyl wall is also being considered. Chair Katz called upon Mike Simon, Assistant Director for CRA, as to how the CRA feels about Item 2. After some clarification of responsibility for the paving, Mr. Simon said the CRA supports the applicant's efforts to mitigate that condition and appreciates Mr. Mack's ability to see past the drawing. Mr. Skarecki asked Mr. Simon how the CRA feels about the wall. Mr. Simon replied that despite the regulations within the LDRs, the CRA would like to see acceptable alternatives to PVC fencing. They would not like to see walled off sites as screening them off defeats the purpose. The CRA is already into the project for $336,000 worth of grant monies. Mr. Skarecki next asked staff if the wall is just to contain sound. Mr. Breese replied, yes, the wall is for sound purposes and is in conjunction with the landscaping, which is above the wall as well. Mr. Fischer wondered if, in this district, there has been any evaluation for the potential for shared storm water facilities. Mr. Breese replied that most of the heart of the downtown, east of the railroad tracks, has that concept. West of the tracks, however, does not have that at this time. Chair Katz opened the floor for public comment; there was none. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve 211 E. Ocean Avenue, Item 7.A.1 (MSPM 16-005). Chair Katz asked that the motion be amended to give the Applicant relief from the buffer wall in Condition #13 in favor of adding additional landscaping. Vice Chair Wheeler moved to approve the motion as amended, Mr. Skarecki seconded. In a voice vote, the motion passed unanimously (6- 0). B.1. Comprehensive Plan's Coastal Management Element Text Amend- ments (CPTA 16-001) — Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. City initiated. Chair Katz introduced Hanna Matras, Senior Planner, who reported on the history and drafting of new statutory requirements to be placed on review. The new code now calls 0 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 for the Comprehensive Plan to be amended for changes in the State requirements only. It is recommended that the City at the same time also reviews all the elements of the Comprehensive Plan. There are incoming amendments for the land use and several other elements that stem: 1) from the Coastal Consolidated Plan which requires extensive amendments to the land use; and 2) major changes to the public school facilities because of public school concurrency (now called Capacity Determination). Palm Beach County is doing a template for all municipalities to amend the Plan to reflect these new regulations. This amendment is due now for the codification of the several new requirements for that element. There are six (6) new requirements. The last three are not an issue because they can be verbatim incorporated into the Comp Plan. However, the first three need immediate attention as the language is vague and general. Prior to 2011, Rule 935 was used to interpret and clarify the statutory requirements and has been eliminated. The Department of Economic Opportunity/Community Planning staff have considered acceptable language. The new requirements for the Coastal Management Area mainly pertain to coastal flooding and were approved in the last year's legislation and codified on July 1St. The letter of determination is due August 1St. Two other governments that submitted language are still working with the Department of Economic Opportunity as there still is no example of what language will be acceptable. Besides responding with some policies, the entire element is being withheld. Two items needing attention are: 1) sea level rise, and 2) tide -prone areas and other flood -type areas. Mr. Rosecrans asked about King Tide areas impacted now, with significant sea level rise predictions. Michael Lowe, Utilities Manager, Technical Service, said there is not a lot that can be done. They are investigating various types of storm systems. Storm systems along US 1 fall under FDOT's jurisdiction, but Boynton Beach Utilities (BBU) is putting others in, and looking at different types of control structures. Mr. Rosecrans next asked about sea walls. Mr. Lowe said BBU is not looking at sea walls; that would fall under planning. There are a number of areas that already get badly flooded. In one particular area, BBU put in a storm water system and storm water ponds in that area with pumping stations, but once the sea comes over the wall, there's not much that can be done. Mr. Rosecrans wanted to know if that was at high tides now or only King tides. Mr. Lowe said they don't pump at high tide, only when there is storm water that needs to be removed. Chair Katz opened the floor for public comment; there was none. Motion made by Mr. Rosecrans, seconded by Mr. Fischer, to approve Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001). In a voice vote, the motion passed unanimously (6-0). 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 9. Other There was no other business. 10. Comments by members — Additional Chair Katz asked Mr. Rumpf if the DART Review Board is what used to be the Technical Review Board, and is it open to the public. Mr. Rumpf answered, yes, it is the old Technical Review Board; and no, it is not open to the public. It is for administrative staff only. There are other opportunities for public hearings and intervention, and information is made available to the public on the website. Mr. Rumpf had an informational item: This Thursday (July 28) at 5:30 at the Inn at Boynton Beach, the FDOT is holding a public workshop to go through alternatives for potential improvements to the 1-95 interchanges with Gateway and Boynton Beach Boulevards. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:30 p.m. [Minutes prepared by M. Moore, Prototype, Inc.] C:1