Majhess Minutes

Dear Neighbors, END OF SUMMER UPDATE

Welcome once again to the Majhess Minutes; a summary of what took place at your CRA, City Council Workshop and City Council Meetings. Since the Council typically meets once per month rather than twice during the summer, this edition will combine the August 26th-27th and September 9th-10th meetings. Hopefully you enjoyed your summer as much I enjoyed mine. For the third summer in a row, I was able to continue my motorcycle tour of cities across America helping me to compare and make better decisions here at home (self-funded of course.) It is with a sense of gratitude that I can tell you Ive safely traveled 26,000 miles through 40 states and hundreds and hundreds of U.S. cities.

August 26th and 27th Meetings

Only the highlights! (In a hurry? Just read the red.)

CRA Meeting 8/26/13 (What is: Community Redevelopment Agency) Monday 1:30 QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS: (none.) RESOLUTIONS AND REGULAR PUBLIC HEARINGS: (none.) DIRECTORS REPORT:
FY 2013 - 14 CRA Proposed Budget Presentation (Meeting video of CRA Budget presentation.) Presentation (A comprehensive summary of the CRA Budget as presented by the finance department.)

City Council Workshop 8/26/13 Monday Immediately Following CRA Presentation - Green Living Advisory Board Neighborhood Certification Program (In conjunction with FAU School of Urban & Regional Planning) (Meeting Video)
Presentation (Powerpoint Presentation)

REVIEW OF REGULAR AGENDA ITEMS:

Affordable Housing Advisory Committee Recommendations Report (meeting video) Report

Because the City participates in the State Housing Initiatives Program (SHIP), we are required to appoint a committee that will submit a report to the State every three years recommending changes to City policy that will encourage Affordable Housing. I requested, and the Council agreed, that we not accept this report, and instead, remand it back to committee asking that Recommendations be more in line with the Citys Comprehensive Plan. The balance of this boards make-up, skewed in the development communities favor (in my opinion), recommended changes to policies that I have worked very hard to maintain over my 4.5 years in office to ensure more responsible development and preserve our quality of life. (Dont get me wrong, while the economy was asleep, this Council has changed many of the Citys laws on 4-1 votes that you will see manifested as very large residential projects in the near future.) Some of those Recommendations included allowing for taller building heights, greater unit densities, decreased required setbacks from the road, zero lot line building configurations and decreased parking requirements. The report was remanded back to committee. FUTURE AGENDA MATTERS/ITEMS OF COUNCIL/PUBLIC CONCERN:
Discussion Regarding Amendment to Citys EEO Policy and Establishment of Domestic Partnership Benefits Memo

I will address these in the Minutes of the September 10th meeting, as thats when the vote was taken.

City Council Meeting 8/27/13 Tuesday 6:00pm CONSENT AGENDA: (Rather than enumerate each Consent Agenda Item, I encourage you to click here and view it online along with its background information.) QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS:

Ordinance No. 5239 (Second of two public hearings, related Ordinances 5239 and 5240 were taken together.) (Click title for

meeting video) - An ordinance of the City of Boca Raton amending the City's Code of Ordinances to establish a new zoning district within Chapter 28, "Zoning," Article XIII, "Miscellaneous Districts," entitled "PM-0.25 Planned Mobility 0.25"; establishing qualification requirements for the new zoning district; specifying the land development regulations for the new zoning district; establishing uses, density and intensity limits, development parameters, and authorizing applications under existing PMD regulations for the new zoning district; providing for future development opportunities, including applications pursuant to PMD regulations; providing for references to PM-0.25 in the City's Code of Ordinances where applicable; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-12-09)
Ordinance No. 5239 (Background document)

(comments below 5240)

Ordinance No. 5240 - An ordinance of the City of Boca Raton considering a rezoning of a parcel of land consisting of 77.16 acres located at 555 Northwest Spanish River Boulevard, situated east of the El Rio Canal between Northwest Spanish River Boulevard and Interstate 95, from R-1-D Single Family Residential to Planned Mobility 0.25 (PM-0.25); providing that the rezoning is contingent upon the adoption of Ordinance No. 5239 establishing the PM-0.25 Zoning District (being considered prior to this rezoning); providing for revisions to the Zoning District Map; providing for severability; providing for repealer; providing an effective date (ZC-13-01)
Ordinance No. 5240

(Background document)

I voted NO, Council vote 4-1 to approve. This ordinance proposes to rezone the undeveloped parcel of land on the north side of Spanish River Blvd

(NW 40th Street), just east of I-95. Currently zoned for single homes, the rezoning requests to introduce many new uses with related increases in density and intensity on the parcel. Typically, a rezoning in the City is tied to an actual project and is requested at the time of the project approval. In this case, the petitioner is requesting a straight rezoning which will grant a basket of new rights (my terminology,) to be used in the future. According to Staff, a straight rezoning of this size has not been done since the 1970s. I do not support the Ordinance as it is written. In my opinion, the ordinance changes the project approval process and will diminish the City Councils authority to suggest alterations to a project submitted on this sensitive 77 acres. It takes the flexibility currently held by your elected leaders to ensure responsible development, and grants that flexibility to the property owner; City Staff contends it does not. REGULAR PUBLIC HEARINGS:
Resolution No. 76-2013 (meeting video) - A resolution of the City of Boca Raton imposing fire services assessments

against assessed property located within the City for the fiscal year beginning October 1, 2013; approving the Fiscal Year 2013-2014 Rate of Assessment; approving the Fiscal Year 2013-2014 Assessment Roll.
Resolution No. 76-2013

(Background document)

Council voted 5-0 to keep the Fire Service Fee the same as last year.

QUASI-JUDICIAL PUBLIC HEARINGS/VARIANCES & APPEALS:

Resolution No. 77-2013 (meeting video) - A resolution of the City of Boca Raton considering variances from the

provisions of Section 24-96(C)(3), Code of Ordinances, to allow three (3) flat signs where two (2) flat signs are permitted for a single occupancy and to allow one (1) additional flat sign on the east elevation of the entry tower for the Trader Joe's Grocery Store located at 855 South Federal Highway.
Resolution No. 77-2013

(Background document)

Council voted 5-0 to allow for a third sign so the soon to be built Trader Joes grocer can be more visible from the roads because of existing impediments. Welcome Trader Joes.
Resolution No. 83-2013 (meeting video) - A resolution of the City Council of the City of Boca Raton considering the

appeal of a Community Appearance Board decision to deny Permit Number 13-2720 for the installation of roll-up curtains to be installed between the columns of the north facing outdoor dining area for Truluck's (restaurant) located at 351 Plaza Real.
Resolution No. 83-2013

(Background document)

Trulucks restaurant appealed the DENIAL by the Community Appearance Board to add roll-up curtains to be installed (metal frames) in between the columns on the north side of their outside seating area. Truluckss representatives agreed to the conditions that the curtains can only be closed during rain or temperatures less than 50 degrees. In agreement with the C.A.B., I feel the required framework attached to the Mizner architecture will be unsightly and it will create a precedent for more requests throughout Mizner Park. I also feel the conditions will be too hard to monitor for compliance. Council voted 4-1 to grant the APPEAL.

CITY MANAGER RECOMMENDATIONS AND REPORTS:

Discussion of Date for Holiday Tree Lighting

The Holiday tree lighting is scheduled for Wednesday, November, 27th at the Mizner Park Amphitheater.

September 9th and 10th meetings

Only the highlights! (In a hurry? Just read the red.) CRA Meeting 9/9/13 (What is: Community Redevelopment Agency) Monday 1:30 RESOLUTIONS AND REGULAR PUBLIC HEARINGS:
Resolution No. 2013-12-CRA (meeting video) - A resolution of the Boca Raton Community Redevelopment Agency

authorizing the Chairman to enter into a professional services agreement with the University of Florida (UF) for facilitation and data analysis services to establish a Business Improvement District (BID) Action Plan for Downtown Boca Raton.
Resolution No. 2013-12-CRA (Background document)

The City is analyzing the creation of a Business Improvement District. Revenue generated by the B.I.D. can be used for the promotion of Downtown and a possible parking garage. I will remain mindful of the existing Downtown Assessment, an additional tax currently levied on downtown property owners to pay for below-ground infrastructure put in place years ago to make larger development possible along with sidewalk and roadway improvements. Council voted 5-0 to enter into the contract for study.

Resolution No. 2013-14-CRA (meeting video) - A resolution of the Boca Raton Community Redevelopment Agency

authorizing the execution of a revocable license with iPic Entertainment, LLC ("iPic") regarding use of one metered parking space within Mizner Park for reserved parking related to iPic Theater operations.
Resolution No. 2013-14-CRA (Background document)

I voted NO; Council vote 4-1 to allow the privatization (my word) of one of the on-street parking spaces in front of Yard House. The Council has already supported privatizing several parking spaces in the City parking lot on the southeast corner of Federal Hwy and NE 2nd Street during business hours.
Resolution No. 2013-15-CRA (meeting video) - A resolution of the Boca Raton Community Redevelopment Agency

adopting the Community Redevelopment Agency Budget for Fiscal Year 2013-2014.
Resolution No. 2013-15-CRA (Background document)

City Council Workshop 9/9/13 Monday Immediately Following CRA BOARD INTERVIEWS: (Click to see Boards and applications) REVIEW OF REGULAR AGENDA ITEMS: (none) FUTURE AGENDA MATTERS/ITEMS OF COUNCIL/PUBLIC CONCERN: (none) CITY MANAGER REPORTS:
Road Closure Request - Boca Raton Fine Arts Show (Jan. 2014) Memo

(Background document)

Approved.

City Council Meeting 9/10/13 Tuesday 6:00pm

CONSENT AGENDA:

(Rather than enumerate each Consent Agenda Item, I encourage you to click here and view it online along with its background information.) QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS: These items taken together:
Resolution No. 96-2013 (meeting video) - A resolution of the City of Boca Raton considering an amendment to the

master plan approved by Resolution No. 14-2012 to allow for the closure of the existing cross-access driveway connection to the property to the east and allow for the construction of a six (6) foot wall along the east property line for the project known as "1801 Clint Moore Road" located at 1801 and 1851 Clint Moore Road and 6950 North Military Trail, subject to conditions.
Resolution No. 96-2013 Plans

(Background document)

Ordinance No. 5247 - An ordinance of the City of Boca Raton providing for the vacation and abandonment of a

portion of a utility easement located at 1801 Clint Moore Road, as more specifically described herein
Ordinance No. 5247

(Background document)

Ordinance No. 5248 - An ordinance of the City of Boca Raton providing for the vacation and abandonment of a cross access easement located at 1801 Clint Moore Road, as more specifically described herein.

access easement located at 1801 Clint Moore Road, as more specifically described herein.
Ordinance No. 5248

(Background document)

Council voted 5-0 to approve elimination of the code-required cross-access between the new retail area on the northeast corner of Clint Moore Rd and Military Trail and the property to its east. I voted YES to ensure all traffic leaving the retail area needing to travel eastbound does not use the adjacent parking lot (private property) as a frontage road.

Resolution No. 97-2013 (meeting video) - A resolution of the City of Boca Raton considering a conditional use approval to

allow outdoor vehicle display and storage for Tesla Motors at Town Center, generally located at 6600 Glades Road.
Resolution No. 97-2013

(Background document)

Plans

This Resolution was continued until two meetings into the future to allow for more input from the

surrounding residential areas that expressed concerns through their representation. REGULAR PUBLIC HEARINGS: These items taken together:
Ordinance No. 5250 (meeting video) - An ordinance of the City of Boca Raton amending Article 3, Section 1, of the Personnel

Rules and Regulations to prohibit discrimination against City employees because of sexual orientation, gender identity or expression, and to recognize protections from discrimination under federal and state law; providing for inclusion in the City's Personnel Rules and Regulations.
Ordinance No. 5250

(Background document)

I voted YES to prohibit discrimination against City employees because of sexual orientation, gender identity or expression, and to recognize protections from discrimination under federal and state law. Ordinance No. 5251 - An ordinance of the City of Boca Raton amending the Personnel Rules and Regulations to modify Article 3, Section 7, regarding the limitation of employment of relatives to include an employee's domestic partner and specified family members in the definition of "relative"; to modify Article 10, Section 2, regarding family sick leave to include an employee's domestic partner and specified family members in the definition of "immediate family"; to modify Article 11, Section 4, regarding funeral leave to include death of an employee's domestic partner and specified family members; and to make further amendments to the Code to update and clarify the provisions.
Ordinance No. 5251

(Background document)

Ordinance No. 5251, for purposes regarding the use of family sick leave and funeral leave, broadens the definition of immediate family to included domestic partners and their family members. Resolution No. 85-2013 - A resolution of the City of Boca Raton directing the City Manager to establish a domestic partnership policy for City employees.
Resolution No. 85-2013

(Background document)

I voted NO on Resolution No. 85-2013 and Ordinance No. 5251 based solely on financial reasons. While I recognize and respect the LGBT community and their desire to have their family provided for equal to married City employees, this ordinance and resolution go beyond that desire. Currently in Palm Beach County, of the 54 people who have filed for Domestic Partnership status, 83% have been heterosexual and not LGBT; so the County is now picking up the tab for benefits for a whole new group who has nothing to do with the LGBT community or their causes. People critical of my decision have stated that since the number of persons applying for domestic partnerships is small, the taxpayers should just pick up the tab because it still helps that theoretical 17% of the Domestic Partners. o I dont believe that is sound fiscal policy.

o We are at the very beginning of these changes and cannot calculate how many employees (who can legally marry and just choose not to) will decide to opt for benefits, and while I would love to provide for the welfare of everyone in our City as we do its employees, I felt these changes cast too broad of a net to help 17%. o We still do not know all of the unintended consequences of the Affordable Care Act and the effect it will have on the City budget. UPS and the University of Virginia, among others, have recently stopped paying for the benefits of employees spouses. o Without success, I proposed, as the City of Wellington now provides, the ability of the Domestic Partner to enroll in and take full advantage of the benefits, but that the cost would be paid for by the employee rather than the City (as UPS and UofV). This would have been in the interim until we get a handle on the costs. The employee would have still benefited from the savings of the plan as opposed to seeking individual coverage. o Without success, during the meeting I proposed putting the matter on the March ballot for the electorate to decide. I made the same proposal to the president of the Palm Beach County Human Rights Council, Rand Hoch, during a one-on-one conversation. To my surprise, Mr. Hoch outright rejected the idea of putting the issue on the ballot, predicting the voters would say no. I ask you, have I not been elected to REPRESENT the voters who put me in office. o It is my belief that this issue did not gain traction (over one year) until someone saw it as an opportunity for political gain. Anyone who bites that hook misses the benefit of my steadfast service to the electorate to ensure the City provides the usual functions of City government: Police, Fire, Clean Water, Parks a functioning Roadway System, etc. What was so objectionable to putting it on the ballot.
Ordinance No. 5252 - An ordinance of the City of Boca Raton amending Chapter 2, Article III, Division 5, "Community

Ordinance No. 5252 - An ordinance of the City of Boca Raton amending Chapter 2, Article III, Division 5, "Community

Relations Board," of the Code of Ordinances to conform the functions, powers and duties of the Community Relations Board to the City's Equal Employment Opportunity Policy and to extend the Board's scope to issues based on "sexual orientation" and "gender identity and expression"; and to make further amendments to the Code to update and clarify the provisions.
Ordinance No. 5252

(Background document)

I voted YES to have the Citys Community Relations Board extend the Boards scope to issues based on "sexual orientation" and "gender identity and expression". So now, if an employee feels they are being discriminated against based on sexual orientation and gender identity and expression, they can make a complaint based on those reasons alone rather than make the complaint at the County level. INTRODUCTION OF ORDINANCES: (Ordinances that are Introduced will be discussed at the following Council Meeting.)
Ordinance No. 5243 - An ordinance of the City of Boca Raton providing for the voluntary annexation of 122.88 acres, more or

less, generally located east of Jog Road and north of Old Clint Moore Road into the City of Boca Raton pursuant to Section 171.044, Florida Statutes; finding that the property to be annexed is contiguous with the Municipal Boundary of the City of Boca Raton and reasonably compact.
Ordinance No. 5243

(Background document)

This item will be discussed at the next City Council meeting.

Ordinance No. 5244 - An ordinance of the City of Boca Raton amending the Future Land Use Map of the Comprehensive

Plan by redesignating certain property consisting of 122.88 acres, more or less, located east of Jog Road and north of Old Clint Moore Road from Palm Beach County Future Land Use Designation Commercial Low with an underlying Low Residential (one (1) unit to the acre) (CL/1) and Commercial Recreation with an underlying Low Residential (one (1) unit to the acre) (CR/1) to the City of Boca Raton Future Land Use Designation Residential Low (RL); providing for the appropriate revisions of the Future Land Use Map.
Ordinance No. 5244

(Background document)

This item will be discussed at the next City Council meeting

Ordinance No. 5255 - An ordinance of the City of Boca Raton adopting final millage rates and levying ad valorem taxes for the

fiscal year beginning October 1, 2013 and ending September 30, 2014; stating the percentage by which the millage to be levied exceeds the "rolled-back rate"; directing the City Manager or the Office of Management and Budget Director to adjust the adopted millage rates in the event of changes in the assessment roll and taxable value.
Ordinance No. 5255

(Background document)

This item was voted on and approved at the Final Budget Hearing held on September 24th. The City millage rate stays the same as last year.
Ordinance No. 5256 - An ordinance of the City of Boca Raton adopting a final budget and appropriating funds for the fiscal

year beginning October 1, 2013 and ending September 30, 2014.

Ordinance No. 5256

(Background document)

This item was voted on and approved at the Final Budget Hearing held on September 24th. The City millage rate stays the same as last year. See the Final Budget meeting and agenda here.

About Me For those of you who do not know me, I am a native Floridian, born and raised in Coral Gables, a City not too different from our beautiful Boca Raton. I graduated with a Bachelor of Arts degree from the University of Florida in 1990. I have worked for Palm Beach County Fire Rescue since 2004 and have been a firefighter and paramedic since 1994. In addition to my fire service career, I have experience in the areas of retail management, domestic business to business sales and as an international sales manager for a fire truck manufacturer. I have been watching local politics since moving to Boca Raton in 1996 and began working as a community activist for responsible development in 2006. In 2009 I was elected to the Boca Raton City Council and re-elected in 2012. Through my elected post, I also serve as a representative to the Palm Beach Metropolitan Planning Organization, a board that deals directly with transportation planning for our ever-increasingly congested roadways. I strive to maintain balance between the Citys need for quality responsible development and Boca Ratons quality of life that is known throughout the world, attracting people here since before incorporation in 1925. I am currently in my second term and I can tell you wholeheartedly that it has been my greatest honor to serve you. Those of you who know me know that I am a staunch advocate for the publics participation in the governmental process. I encourage you to attend City Council Meetings and Workshops, watch them on Channel 20 or view them online. City Council Workshops and Meetings are held every second and fourth Monday at 1:30pm and Tuesday at 6:00pm respectively. The meetings are also archived on the Citys website so you can watch them at any time. You can even click on a particular Agenda Item and you will be taken directly to that point in the video. http://www.ci.bocaraton.fl.us/city/agendas.aspx I promise you will find something of interest and you will see that your participation or even just oversight can make a real difference in your City. If there is anything I can be doing to better serve you, or even if you just have a comment or suggestion, please let me know. Sincerely, Anthony J. Majhess City Council Member Boca Raton

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