Minutes 02-08-96 MINUTES OF THE SPECIAL CIT~ COMMISSION MEETING
HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH LIBRARY,
BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 8, 1996, AT 4:00 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Matthew Bradley, Vice Mayor
Lynne Matson, Mayor Pro Tern
Shiirley Jaskiewicz, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
Call to Order
Mayor Taylor called the meeting to order at 4:14 p.m.
APproval of Agenda
Vi~ce Mayor Bradley requested that Item 2 be moved up on the agenda.
MOtion
Vi~ce Mayor Bradley moved to approve the agenda as amended. Commissioner Jaskiewicz
sef=onded the motion, which carried 4-0.
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Discussion and possible appointment to fill vacancy in District I until next General
Election on March 12, 1996
ayor Taylor stated that this item was brought up at the last meeting. The Commission felt
~hould address filling Commissioner Rosen's seat with someone who has the same unselfish
~sire as Commissioner Rosen did to serve this community. Mayor Taylor said some
~paraging remarks were made about the Commission; however, the Commission merely
~nts to continue moving forward. He felt this was the least we could do in memory of
~mmissioner Rosem He advised that several individuals have been considered to fill
C~mmissioner Rosen~s seat; however, the newspaper only mentioned one.
Ciiy Attorney Cherof expounded on an issue which arose relative to Section 71 of the Charter,
which states that no member of the immediate family of the Mayor or the City Councilmen
shjall be eligible to hold a salaried position with the City of Boynton Beach. City Altorney
Ct~erof's preliminary review indicates that Section 71 of the Charter appears to be in direct
cdnflict with the provisions of Chapter 112, Florida Statutes, that deals with nepotism on a
St~te-wide basis, but applies to municipal offices as well. He is not empowered, nor is he in
a position to declare any Charter provision to be subordinate or superior to any State Statute.
The power to do that rests with the Attorney Genera[.
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SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 8, 1996
He explained that this language could impact the spouse of a potential candidate because this
spouse is a City employee. [f the Commission desires to appoint this individual, he requested
authorization to ask for an the Attorney General's opinion with respect to the power of
Chapter 112 over the provision of the City's ordinance (Section 71). He stated that the
employee of the City is protected by Civil Service and has rights to continue in employment.
Thiere is a set procedure for removing an employee that is in Civil Service which apparently
dqes not fall within and is not discussed within the parameters of Section 71 of the Charter.
Ttlerefore, he needs some direction from the Attorney General on that as well. Due to the
nature of the inquiry and the timing of the election, he felt he could get a response from the
At!orney General quickly.
M~yor Taylor asked the Commission to give the City Attorney permission to request the
Atiorney General's opinion, and to withhold any action with regard to nominating anybody
to [fill Commissioner Rosen's seat.
MOtion
M~yor Pro Tem Matson so moved. Vice Mayor Bradley seconded the motion for discussion.
He asked if this matter could be tabled, instead of withholding action.
Ciiy Attorney Cherof advised that the Commission has the power to fill the vacancy at any
tinge. This item is on the agenda. If the matter is removed or turned down, it can come up
at lhe next meeting of the City Commission.
Vi~:e Mayor Bradley desired to table this item. Mayor Pro Tem Matson objected. She desired
tolremove this item until it is brought up again for a vote.
Vi~e Mayor Bradley withdrew his second.
Vi~e Mayor Bradley moved that the City Commission direct the City Attorney to investigate
thls matter with the Attorney General's Office, and that this item be tabled until the next
C(~mmission meeting, at which time we will have a determination from the Attorney General's
O!ficeo Mayor Pro Tern Matson seconded the motion for discussion.
Sh~ stated that this item was not discussed at the last meeting. She only knows what she read
in ihe newspaper this morning. She said she was involved in an appointment situation the first
te~m that she was in office. There were 12 months left of an unexpired term, and the City
C(~mmission at that time decided to have interested residents submit their resumes. When the
appointment was to be made, the Commission took a vote based on the resumes they
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*should read, "There were 15 months
left of an ttnexpired term...."
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SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 8, 1996
received. She hoped this Commission will do the same. She wanted all the electorates in
District I to have the opportunity to send in their resumes. She feels the residents should have
the opportunity to participate in their governmental process.
Commissioner Jaskiewicz felt everyone is jumping to the conclusion that what was stated in
the newspaper was the absolute fact. She stated that the Commission did not meet and discuss
one particular person.
The motion carried 4-0.
City Attorney Cherof will send a letter tomorrow, requesting that the Attorney General render
an opinion. He stated that this issue has nothing to do with the candidate. It has to do with
the spouse of the candidate, who is a City employee. Therefore, anything that has been said
that could be characterized as having an impact on the candidate would be taken incorrectly.
This issue has nothing to do with the candidate.
Mayor Pro Tem Matson said her issue has nothing to do with the candidate either; it has to do
with the process.
1. Meet with Coalition of Boynton West Residential Association (COBWRA) to discuss:
a) Beautification
b) Education
c) Cultural Enhancements
Th~ following members of COBWRA were present:
Bqb Becker, Norman Bleshman, Dagmar Brahs, Lou Forrler, Bob Lalime, Julius Schiller, and
Eugene Sokoloff. Introductions were made.
MC. Sokoloff wished to discuss the City and West Boynton's problems and how they can
support each other in certain situations. Beautification, education, and cultural enhancements
ark the first three areas he desired to discuss.
EdUcation
MA. Brahs stated she was appointed to the City of Boynton Beach Education Advisory Board
a f~w years ago by Mayor Arline Weiner. At that time, the City and COBWRA had the same
ne~ds, and a lot was accomplished. However, the City wanted a new high school built in the
3
**Add the following: "Appointment was for
three months, and then there was an election
for a one year term.
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SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 8, 1996
east, and COBWRA wanted it built in the west. The School Board decided to build both high
schools at the same time; however, no funding is available for any new construction. The
School Board is considering asking the people to vote for a one cent sales tax to fund these
schools; however, many people feel they have not used what funds they had properly.
Ms. Brahs would like to join forces with the City to put pressure on the School Board, and to
ediucate the public so that they will vote in favor of a one cent sales tax.
Mi. Bleshman advised that an audit is being done to identify every dollar that is spent. He
expects the final report in two weeks.
Commissioner Jaskiewicz asked how we can be assured that the two Boynton Beach high
schools will be built if the one cent sales tax is approved. Mr. Bleshman stated that it is up
to ~he City to make sure of this through the Municipal League. He pointed out that children
fromm the City go to the West Boynton area, and vice versa. Therefore, anything we do for
either school affects all the children. We are trying to improve what is happening in the
schools in the overall Boynton Beach area. If we work together, we can make sure we get a
be~ter education for our children.
M~yor Pro Tem Matson stated that the Board of Directors of the Municipal League and the
C0unty's Intergovernmental Coordinating Committee agree that education is of the utmost
irr~por~ance; however, they keep returning to accountability or the lack thereof. She thinks the
edlucation process that Ms. Brahs spoke of is very important. She said people have stated that
they are taxed to the max, do not have kids, and the biggest portion of their tax bill is the
school taxes. She tried to explain to them that it is an investment in our children's future.
Mi. Bleshman felt that even though the majority of the people in the COBWRA area are
re!ired, they will support a one cent sales tax if they can be provided with the accountability
that they want.
Mi. Sokoloff felt accountability needs to be defined. Mayor Pro Tem Matson advised that
ac~:ountability includes all the problems that are not being addressed, e.g., finances, test
scc~res, and crime on the campus.
M!. Bleshman stated that at the Crystal Lakes Elementary School SAC meeting, they decided
to ilook at what makes a child successful or not successful. They talked about family, home,
scl~ool, and the community. They said there were some issues in the community which could
be[ resolved. Some of the family needs could be met. If we accomplish these things, we might
have a chance of allowing the children to become more successful. These are some issues we
milght want to work jointly to see how we can accomplish them.
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FEBRUARY 8, 1996
Commissioner ]askiewicz stated that we have a dynamic Education Advisory Board. They are
extremely enthused about the possibility of a high school. She suggested COBWRA attend
their meetings.
Vice Mayor Bradley advised that we feel strongly about getting the high school in the City first
because of coastal revitalization. During the 1970s, there was quite a bit of blight and
deterioration of neighborhoods in the State of Florida, particularly in the southeast from 1-95
to Federal Highway. This condition still exists to some degree in the municipalities in Palm
Beach County. We believe strongly that if those problems are not addressed, the quality of
life in the west will ultimately be adversely affected. The need is here in the east now.
pcqnciana Elementary SchOol is on line; Congress Middle School is getting magnet status. We
worked very hard for this. A high school will complete the feeder school system. That will
dd tremendous things for the impoverished families in eastern Boynton Beach. It will provide
schools that will direct the students in a K through 12 curriculum. The students will be trained
wi!h a potential employer. Motorola has made a commitment to the high school. This may
bring other c. ompanies to this area. We envision this as an incredible benefit to the area. A
school is needed in the west also, but we feel that if the school in the west is built first, then
th& students from the east will be bussed to that school. Vice Mayor Bradley found it hard to
be~lieve that the schools will be built at the same time. Therefore, he wants the school in the
east built first.
MI. Bleshman stated that some of the students in Poinciana come from the west. The
prbgrams are not just for the students who live in the City. They affect all the students. The
scgools in the area are overcrowded. He felt the two new high schools will relieve the
o~lercrowding at Santaluces and John I. Leonard High Schools.
MI'. Bleshman stated that Atlantic High School got their new field house because the principal
an~ the City joined forces and hammered long and hard. Perhaps the high school in the City
n(~eds to be built first, but both are needed because the population in the west is growing.
Vi~e Mayor Bradley pointed out that the western students who go to Poinciana Elementary
Scgool, and then to Congress Middle School, will most likely be going to the high school in
th~ City.
Commissioner Jaskiewicz felt there is strength in unity. She wondered why a permanent
bL~ilding could not be built instead of spending $42,500 for portable buildings.
Mayor Taylor stated that before he can ask the public to support a one cent sales tax for
schools, he needs a plan to show them how it is going to be done. To his knowledge, the
School Board does not have a plan on how they are going to build the 30 schools. The plan
should show which one of the 30 schools are going to be built first, where it is going to be
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built, and if the funding includes teachers and operation costs, or just brick and mortar. He
felt we should join forces and attend every School Board meeting to demand this plan.
Mr. Bleshman said there was a plan. The last time he saw it, the Boynton Beach high schools
were at the top of the list. However, that can change. He felt we should ask for a firm
commitment. We need to make sure we are in the plan first and are not going to be moved
out. The acreage is growing quickly. They are putting in elementary and middle schools there
already. He suggested scheduling a meeting between the City, COBWRA, and the School
BOard to express our needs and get a commitment from them.
Mayor Taylor stated that the plan also has to show why Boynton Beach is first on the list. The
Municipal League has asked for that plan. We need that plan to go and sell the public in order
toget the money to build the schools.
Mayor Pro Tem Matson felt joint effort is extremely important. She felt we may have an
advantage if we join forces now.
M~. Brahs felt it is true that the squeaky wheel gets the oil. She said the more vocal you are,
th& School Board will listen.
Mi. Sokoloff suggested we also lobby the State Legislature.
Mi. Bleshman suggested that two members of COBWRA and two members of the City of
Boynton Beach Education Advisory Board form a committee and focus on how we can
cooperate and work together on issues that overlap both the west and east. Ms. Brahs
suggested including the Chamber of Commerce Education Committee so that our efforts are
nbt duplicated.
Atithis point in the meeting, Mr. Bleshman left.
B~autification
Mi. Sokoloff was interested in identifying and beautifying areas that would be mutually
b(~neficial to COBWRA and the City. He stated that when people come off the turnpike, they
g~ an impression of the City. He asked if the City requires developers to landscape the
m~dians. Charles Frederick, Recreation and Parks Director, advised that developers are
re}ponsible for doing the medians adjacent to their property. However, the City assumes the
m~intenance of them after they are completed.
Vi~ce Mayor Bradley advised that Burt Aaronson has been lobbying hard at the MPO to get a
western representative on the Municipal Planning Organization. Therefore, COBWRA might
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SPECIAL CITY COMMISSION MEETING
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FEBRUARY 8, 1996
have a representative on the MPO, which would then entitle them to direct access to ISTEA
grants. Also, they would have voting privileges.
Mayor Taylor stated that the City is interested in Boynton Beach Boulevard, all the way to the
turnpike. He asked COBWRA to let the City know if we can be supportive.
Commissioner Jaskiewicz felt people get a negative perception of our City, particularly from
the Woolbright Road exit.
Cultural Enhancements
Mr. Sokoloff was unaware of the types of programs that exist in the City.
Mr. Schiller said if you look at the communities adjacent to Boynton Beach, there is some
culture. He felt we need some cultural facilities in the COBWRA area. He suggested the City
find an old school square to have cultural activities, including the arts and theater. He stated
that this area is rich in talent, and we need to draw these talents together. Perhaps this can
be done in the City, since the City is looking to attract people. He suggested forming a
committee to figure out how to do this.
Mayor Taylor advised that the City has two old schools and is currently renovating one of
them into a children's museum so the children can learn about the history of Boynton Beach.
Also, there will be a town square for the entire community. He said there are many activities
going on in the City that COBWRA may not be aware of. Perhaps we need a better means of
communication with the people outside our boundary.
Mayor Pro Tem Matson suggested that COBWRA be put on the Funfare mailing list. She
stated that another very important aspect of culture is libraries. One of the priorities of the
Florida League of Cities Intergovernmental Relations Committee for the past several years has
been to try to capture 10 percent of the State funding for municipal libraries. She asked how
COBWRA felt about this. She pointed out that we share our library, and many of our
volunteers and employees come from the west. She asked if COBWRA would be willing to
lobby the three County Commissioners that serve their area. She said the County has been
opposed to this for a long time.
City Manager Parker stated that the City of Boynton Beach is one of the few municipalities that
has reciprocal borrowing with our County neighbors to allow them to use our library services.
She also stated that we are making some progress on the State funding issue.
Virginia Farace, Library Director, stated that we have an interlocal agreement with the County
to serve each others' residents. However, there is no money that comes to the City in
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SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 8, 1996
Mr. Sokoloff felt the people are not using Tri-Rail because they feel the area is not safe. The
City could help publicize that the area is patrolled.
Mr. Forrler advised that Tri-Rail is not charging anybody to ride on February 14.
Commissioner Jaskiewicz advised that the City's Senior Advisory Board and Community
Relations Board might be supportive of this program. Also, the Tri-Rail station is well lit, and
thJe parking has been expanded.
2. Discussion and possible appointment to fill vacancy in District I until next General
Election on March 12, 1996
This item was discussed earlier in the meeting.
ADJOURNMENT
There being no further business to come before the City Commission, the meeting was
adjourned at 5:5~) p.m.
CITY OF BOYNTON BEACH
A~EST:
'Ciiy?Clerk
Re~ording Secretary
(TWo Tapes)
Mayq~ Pro Tem
[ ? :
C~mmissioner_/ ~ _..)
Commissioner
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