City Commission Excerpts 08-05-03Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida August 5, 2003
X. FUTURE AGENDA ITEMS:
A. Proposed Modifications to City Personnel Policy Manual - Annual Update (August
19, 2003)
B. Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19,
2003)
C. Proposed Resolution regarding raising fees for annual permits, daily fees and
light fees at the Tennis Center (August 19, 2003)
D. 1A Public Hearing regarding Budget (September 4, 2003)
E. Public Hearing regarding Fire Assessment (September 11, 2003)
F. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (September 2003)
G. Follow-up Meeting with CRA on Development Issues (September 2003)
H. 2nd Public Hearing regarding Budget (September 16, 2003)
I. First reading of Proposed Ordinance regarding docks (September 16, 2003)
J. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (October 2003)
K. High School Task Force Report (December 2, 2003)
L. Proposed Lease Agreement with Boynton Woman's Club (TBA)
M. Approve Community Development Block Grant (CDBG) Sub -Grantee Agreement
with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500
(Proposed Resolution No. R03- )
XI. NEW BUSINESS:
A. Proposed Ethids Ordinance for review and discussion
City Attorney Cherof explained that the challenge was not to duplicate the State Ethics Code but
to make it more locally sensitive. The first document in the agenda package sets forth the code
of ethic: It summarizes a standard of conduct, which is set forth on pages 3, 4 and 5. The
general standards are that elected and appointed officials should provide leadership by
example, there should be an empowerment attitude to encourage citizens to participate in local
government, customer focus and involvement encouraging volunteerism at a City level and
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Meeting Minutes
Regular City Commission Meeting
fvnton Beach. Florida August S. 2003
there should be a commitment for continuous improvement. This document also calls for group
commitment by having elected officials participate in training sessions and retreats. There is
also the enforcement aspect that is covered by State law.
He explained that the second document enforces the Code of Ethics. This document sets forth
an enforcement procedure that requires the appointment of an Ethics Advisory Board. Their
powers would be limited as to enforcement as the true enforcement tool under Florida public
law is the recall procedure.
City Attorney Cherof said that, not knowing specifically what the Commission wanted, these
were simply documents for debate.
Mayor Broening thought that in principle, it was a very good idea. He felt that it was good to
have some standards generated at the local level in addition to the State standards. He had
the following editing suggestions:
• On the third "Whereas," where it says "is intended to apply to the day-to-day conduct of
elected and appointed public officials of the City of Boynton Beach" - suggested "is
intended to apply to the official and day-to-day conduct."
• In the fifth "Whereas," in the last phrase where it states "appointed officials abide by the
highest ethical standards" — suggested "understand and abide"
Mayor Broening asked what the definition was for a public officer. City Attorney Cherof
explained that this covers anyone elected or appointed and includes all board members but not
department heads.
• On page 3, Standards of conduct (1) F — suggested "Gaining satisfaction" rather than
"Having fun"
• Item (2) A on page 3 — suggested adding a word so that it states "Encouraging citizens
to be active, responsible and informed partners"
• Page 4 — "maximizing revenue while minimizing tax burdens" — suggested "maximizing
productivity to assure superior services and quality of life while minimizing tax burdens"
City Attorney Cherof suggested the phrase "Maximizing services while minimizing tax burdens
on citizens." Mayor Broening agreed with this.
Commissioner McKoy felt that it was important that the Commission adopt the first section of
this so that we can all have a standard to follow even though the guidelines are set by the
State. He had a concern regarding item A concerning the Ethics Advisory Board on the second
document. He would not want to see this board be used for personal gain or to single out an
individual, particularly during election time.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida August S. 2003
City Manager Bressner explained that the Commission could adopt the first document and not
go forward with the second draft. There is already an enforcement tool and the Commission
would not have to create this advisory board. He felt that the first draft set the tone.
Vice Mayor Ferguson echoed that sentiment. He also had reservations regarding the first draft
ordinance. Part of it deals with ethics but he felt that other parts regarding orientation and
retreats had nothing to do with ethics. He was satisfied that the State Statutes will satisfy the
ethics issue and he did not believe that these ordinances were needed.
Commissioner McCray said that the Commission is guided by the State Code of Ethics and asked
whether other cities have these ordinances. City Attorney Cherof replied that Boynton Beach
would not be the first to have them but it is not the norm because the Florida Code of Ethics is
rather stringent. Commissioner McCray did not see a need for this ordinance.
Commissioner McKoy felt strongly that we should have something internally so that we could
address the issue on a local level and not just through the State.
Mayor Broening said that he understood the logic of everything that was said tonight. He
believes in home rule and thought Florida was a tough state for home rule. He felt that our
level of understanding and sensitivity must improve and that the Commission must work as a
group and the boards must work as a group. He thought a retreat would be very worthwhile
for the new Commission.
City Manager Bressner said that one of the proposed ordinances deals with enforcement and
the Commission may want to leave that in the hands of the State. He commended City
Attorney Cherof for his work on the proposed ordinances. He found the idea of orientation and
the retreat process to establish basic operating procedures of particular value. He felt that the
Commission has already done much of that and he credited a lot of that to the leadership of the
Mayor. City Manager Bressner felt that some of the items in the proposed ordinances were
worthy of conversation at a workshop or at a retreat and could be contained in a resolution.
Commissioner McKoy explained why he felt it was necessary to bring this issue forward. One
member of this Commission went before an outside agency to talk about issues and perhaps he
may have misrepresented himself. It is important that when we conduct business for the City,
it is done in a manner that is professional, ethical and productive. Commissioner McKoy
thought that it was important to have some internal guidelines. He wanted to have something
that will ensure that when we conduct business as the Mayor, Vice Mayor or a Commissioner,
we are working for the best interests of every citizen and not against anyone.
Mayor Broening did not believe an ordinance was needed. He felt that a resolution regarding
Commission conduct was in order.
Motion
Commissioner McCray made a motion to direct the City Attorney to draw up a resolution dealing
with the Code of Ethics for the City of Boynton Beach to be used as home rule, not only for the
Commission but also for the appointed boards within the City of Boynton Beach. Commissioner
McKoy seconded the motion that carried 3 to 1 with Vice Mayor Ferguson dissenting.
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