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Minutes 09-21-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 2Z~ 2004 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk OPENINGS: Call to Order - Mayor Jerry Taylor :Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Bob Ensler Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Dr. offered the invocation, followed by the Pledge of Allegiance to the Commissioner Bob Ensler. Marshall Cook Flag, led by Second Budget Public Hearing for Fiscal Year 2004/05 Budget Proposed Resolution No. R04-156 Re: Adopting the Final Millage Rate for fiscal year 2004/05 Proposed Resolution No. R04-157 Re: Adopting the Final Budget for fiscal year 2004/05 Attorney Cherof read Proposed Resolution No. R04-156 by title only. Mayor Taylor opened the public hearing and invited the public to speak about Proposed Resolution Nos. R04-156 and R04-157. He closed the public hearing when no one came forward to speak. Motion Vice Mayor Ferguson moved to approve Proposed Commissioner Ensler seconded the motion that passed 5-0. Resolution No. R04-:L56. Attorney Cherof read Proposed Resolution No. R04-157 by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R04-157. Ferguson seconded the motion that passed 5-0. Vice Mayor Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 City Manager Bressner publicly thanked Ms. Diane Reese, Finance Director, for the wonderful job she had done over the past several years. Commissioner McCray echoed this sentiment and added that Ms. Reese had been a joy to work with, always providing the right answer when asked. All wished her well in her future endeavors. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof distributed a letter he had just received from the applicant requesting that agenda items V:[II.C-Annexation for Gulfstream Gardens and V]~T:[.E-Land Use Comprehensive Plan Amendment and Rezoning for Gulfstream Gardens be tabled. 2. Adoption Motion Vice Mayor Ferguson moved to adopt the agenda, as amended. seconded the motion that passed 5-0. Commissioner McCray OTHER: A. Informational Items by Members of the City Commission Commissioner McCray stated that he had received a lot of telephone calls from residents saying that the City was not as visible (on television) as they would have liked, during and after the hurricane. Commissioner McCray assured the residents that they came first and that the City had indeed been very busy on their behalf. He also stated that the City was in the process of revising its Emergency Plan and would try to be more visible in future. He thanked the Mayor and City Manager and those who worked in the Emergency Operations Center. Mayor Taylor commented that the City had held a regular City Commission meeting right after the hurricane and praised staff for the outstanding work they had done. Boynton Beach was one of the few cities that had planned ahead to provide for its residents. The water was never in danger. There were no sewage backups because staff rotated ten generators between the lift stations to keep them in operation. Also, the City had thought ahead and procured enough fuel to run the generators, something that was a problem in many other cities. Mayor Taylor commended City Manager Bressner on his excellent handling of his first hurricane as City Manager. Although he wanted to thank everyone, he believed that it started at the "top," with City Manager Bressner. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Commissioner Ensler stated that while it may not have been evident to the residents who were "hunkered down" in their homes, there were many people from the City who left their homes during the hurricane to man the Emergency Operations Center (EOC). This was a sacrifice on behalf of the residents and Commissioner Ensler thanked all who served in the EOC for the good of the City. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & Mayor Taylor made the following announcements: A. Announcements: First City Commission Meeting in October will be held on MONDAY, OCTOBER 4, 2004 ~ 6:30 P.M. - This will allow the Commission to participate in activities related to Police Accreditation. B. Community and Special Events: Commissioner McCray advised of a special meeting at the Ezell Hester Center pertaining to the Senior Center on Thursday evening, September 23. Mayor Taylor invited Recreation & Parks Director Wally Majors to comment on this. Wally Majors, Recreation & Parks Director, stated that this was a significant meeting that was being held to further unity in the community and the full use by all of the Senior Center. The City wants to work with all the residents to find ways to make the Senior Center a facility where the entire community can gather. Through dialogue, it was hoped that any perceived obstacles to full participation could be resolved. C. Presentations: 1. Proclamations: a. National POW/MIA Recognition Day - September 21, 2004 Mayor Taylor read the Proclamation declaring September 21, 2004 as National POW/MIA Recognition Day and called for a moment of silence to honor all those who had given so much for their country. Bob Zimmerman, past commander of the Leisureville Veterans of Foreign Wars, accepted the Proclamation with thanks on behalf of the Boynton Veterans Council. At the request of Rick Prince, Commander of American Legion Post 164, the 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Sergeant-at-Arms performed the ceremony of presenting the POW/MIA Flag to the empty chair. Mr. Zimmerman also thanked the City for installing a fine memorial to the Veterans of Boynton Beach at the City's new Intracoastal Park. b. National Customer Service Week October 4-8, 2004 Mayor Taylor read the Proclamation declaring October 4-8 National Customer Service Week. Joseph Schoenberger and Jeanette Pate of the Customer Relations Department, along with Sam Reep, Assistant Manager of Customer Relations, received the proclamation with thanks. c. Celebrate 350 Month - Jewish Communal Life in America Mayor Taylor read the Proclamation declaring the observance of Celebrate 350 Month, commemorating 350 years of Jewish communal life in America. Alice Shook, Librarian of Temple Tsrael in West Palm Beach and citizen of Boynton Beach, accepted the proclamation with thanks. TV. PUBLIC AUDTENCE: INDI~VIDUAL SPEAKERS WILL BE LI~MITED 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) Herb Suss, citizen of Boynton Beach, expressed concerns regarding the City's actions during and after Hurricane Frances. Since so many traffic lights were affected by the hurricane, Mr. Suss believed that the City should have manned the busiest intersections with police officers or members of the Citizens Observer Patrol in order to prevent accidents. Mr. Suss also requested that the City deter Florida Power & Light from putting towers on Woolbright Road and Congress Avenue. He thought that having underground wiring would prevent the loss of power that occurred in the storm from trees falling across power lines. Mr. Suss thanked the Mayor for trying to clean up the City and providing access to ice for the citizens of Boynton Beach during the hurricane emergency. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 2:i, 2004 City Manager Bressner responded that the City would consider the traffic light issue when they discussed revisions to the City's Emergency Plan. In regard to using the Citizens Observer Patrol for traffic control, the City would have to evaluate its liability in light of the exposure they would have at busy intersections. The Police, however, had been very busy stabilizing the condition of the community and had worked double shies to assist the Fire Department in getting some roads open. Mayor Taylor stated that the County had been promised that the Federal Emergency Management Agency (FEMA) would provide ice in 13 places in Palm Beach County, and the promised ice was not delivered. Mike Fitzpatrick, 175 S.W. 2nd Street, Boynton Beach, stated that the huge clean up costs and power outages affecting Boynton Beach could have been avoided if the earlier Commission(s) had acted on continued requests to have the Landscape Code updated to exclude such trees as Ficus and Australian Pines. The consequences of this failure to act could be seen throughout the City. He suggested that this Commission take action to update the Landscape Code to encourage hurricane and drought resistant plants. Michele Costantino, 155 Flamingo Drive, Boynton Beach, stated that prior to the hurricane, she had called the City on September 2 to ask where the trash pick-up trucks were. They were promised that the trucks would be there and they had still not picked up the trash. Some of the downed trees were fruit trees and they were trying to cope with rats and possums that were going through the downed trees to get at the fruit. Ms. Costantino lee messages in the City Manager's office for Mayor Taylor and Commissioner McKoy, but had not gotten any return calls. She asked when her area could expect a normal trash pick-up. Mayor Taylor and Commissioner McKoy apologized for not returning Ms. Costantino's calls, but both stated that they had not received any messages from her. Mayor Taylor indicated that there were literally tons of trash to be picked up throughout the City and the City was using every available resource to clean it up, including hiring outside contractors to pitch in and help. The cleanup was not complete and it would probably take about a week just to get the vegetation picked up. The City had advertised repeatedly on the radio to tell people not to mix normal trash with tree limbs and many people did not hear that. Ms. Costantino said that no one had heard this in her neighborhood. The Mayor responded that the City had been broadcasting 24 hours a day on radio dial location 1670 about the schedules for trash pickup. The City could not pick up the recyclables because the drop-off point would not accept them. Tn the week following the hurricane, the regular schedule resumed, but only for vegetation. Almost the entire City was covered on a first run for vegetation, but when more is brought to the curb, it had to be done again. Also, the City began picking up vegetative Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 waste prior to having a place to put it. The City found temporary locations to store it so the roads and neighborhoods could be cleared more quickly. .left Livergood, Public Works Director, apologized to IVls. Costantino for the inconvenience her neighborhood was experiencing as a result of larger than usual amounts of trash. He stated that prior to the hurricane, people were doing a lot of trimming of vegetation and throwing away of things that could be hurricane hazards. As a result, the landfill got very busy, the lines there were long, and they closed early and were not open on Friday. The first pass for vegetation pickup was nearly completed. Late this week a second pass would begin, and they anticipated another two and a half to three weeks for the vegetation pickup. Normal garbage and recyclables were now being collected. This week, bulk trash pick up will resume. Also, the City crews would begin the task of separating the bulk trash from the vegetation to facilitate the pickup of each. Mayor Taylor expressed understanding for the frustration that the residents were experiencing and asked for patience as the City labored to pick up what amounted to a year's worth of vegetation in as short a time as possible. .lane Archer, 3031 East Palm Drive, asked why the City had decided to pick up vegetative waste first since it was biodegradable and the City was awash with bulk trash. She realized that part of the problem was that the trash was not separated but as time went on, there was often no place left to make separate piles. She also was experiencing a problem with water backup from the toilet into the bathtub. Also, she got a bill for water that was higher than the month prior to it in spite of not having any power or being able to do any wash. City Manager Bressner stated that the City would look into Ms. Archer's water problem. There was a lag time of 4-6 weeks between actual usage and the bill, so Iris. Archer was probably paying a bill from before the time of the hurricane. Mayor Taylor commented that the City had to clear the vegetative trash first so that emergency vehicles could get through. City IVlanager Bressner added that the vegetation was blocking the storm drains and this could have contributed to flooding. Alice Shook, 1719 Woodfern Drive, remarked that she had started an organization called City of Boynton Association of Communities (COBAC) and was happy to report that their first meeting had been successful. Bob Zimmerman, past commander of Leisureville VI:W, complimented Tom Kaiser, an individual who was responsible for putting POW/MTA signs up from Montauk Point to the New .lersey Turnpike. The VFW was trying to get the Florida Legislature to approve doing the same thing in Florida from Tallahassee on Routes T-75 and T-95. He noted that the POW/M:[A flags were flying in some of the rest areas. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Mayor Taylor closed the public audience when no one else came forward to speak. Mayor Taylor stated that he had received numerous calls about the power outages. He had been in Florida since 1949 and power outages were not a new phenomenon. He agreed that after about the fourth day without power, it got very uncomfortable. This was something that would be an intermittent part of life in south Florida and he suggested that evacuation would be a choice for those who did not wish to risk being without power. He was, however, sincerely sorry for the inconvenience experienced by the residents. He expressed gratitude for having a house to have the power restored to, a blessing that was not enjoyed by the many who lost their homes and even lives during the recent storms. V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date 1~1: McCray Adv. Bd on Children 8, Youth Alt 1 yr term TT! Ferguson Adv. Bd on Children & Youth Alt 1 yr term T Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term !1' McCray Bldg. Bd of Adj & Appeals Reg 3 yr term ITI Ferguson Bldg. Bd of Adj & Appeals Alt i yr term IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term Mayor Taylor Cemetery Board Alt 1 yr term TTT Ferguson Code Compliance Board Alt 1 yr term IV McKoy Code Compliance Board Alt 1 yr term IV McKoy Education Advisory Board Alt ! yr term II McCray Education Advisory Board Alt ! yr term TIT Ferguson Education Advisory Board Stu ! yr term TV McKoy Education Advisory Board Stu ! yr term Mayor Taylor Senior Advisory Board Alt i yr term to 4/05 (Tabled 2) to 4/05 (Tabled 2) to 4/07(Tabled (3) to 4/07(Tabled (3) to 4/05(Tabled (3) to 4/0S(Tabled (3) to 4/05 (Tabled 2) to 4/05 (Tabled 2) to 4/05 to 4/05 (Tabled 2) to 4/05 (Tabled 2) to 4/05 (Tabled 2) to 4/05 to 4/05 (Tabled 2) Mayor Taylor appointed Ralph Diaz as an Alternate Member of the Senior Advisory Board. Motion Commissioner McCray moved to approve the appointment of Ralph Diaz as an Alternate member of the Senior Advisory Board. Vice Mayor Ferguson seconded the motion that passed 5-0. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 All other appointments were tabled due to lack of candidates. 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, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: City Commission Capital Improvement Workshop - August 31, 2004 Agenda Preview Conference - September 3, 2004 Regular City Commission Meeting - September 7, 2004 B. Bids and Purchase Contracts - Recommend Approval Award the Contract for "THE EXPANSION/REMODEL OF THE LIBRARY" Bid# 017-2610-04/C_]D to: SESSOMS CONSTRUCTION COMPANY, INC. of Hollywood, Florida in the amount of: $5,727,485.00 plus a project contingency of $100,000.00 (PROPOSED RESOLUTION NO. R04-IS8) (TABLED ON 09/07/04) Commissioner Ensler removed Consent Agenda item VI.B.1 for discussion. C. Resolutions: Proposed Resolution No. R04-159 Re: Authorizing the execution of an agreement with The Palm Beach Post to institute a branding and sponsorship campaign for recreation and parks Proposed Resolution No. R04-160 Re: Supporting a referendum to be held on November 2, 2004 for the levy of a discretionary half cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide Mayor Taylor removed Consent Agenda item VI.C.2 for discussion. Proposed Resolution No. R04-161 Re: Adopting the revised unified Palm Beach County Local Mitigation Strategy Plan to be eligible for pre-disaster and post-disaster federal funding Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 10. 11. 12. Proposed Resolution No. R04-162 Re: Granting the City Manager or his designee authorization to apply for State permits for temporary closings of State roads for special events Intentionally Left Blank Proposed Resolution No. R04-164 Re: Authorizing the execution of Task Order No. U04-15-02 for $155,929.00 to Metcalf & Eddy (M&M) to provide engineering services for the Lakeside/N.E. 20th Avenue Water Services and Storm Water Improvements Project Proposed Resolution No. R04-165 Re: Authorizing the execution of an agreement with eCivis.com, LLC to purchase Grants Management Information System software Proposed Resolution No. R04-166 Re: Authorizing the execution of the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Leisureville/Woolbright Place park site Proposed Resolution No. R04-167 Re: Approving the license agreement with Jazzercise, Inc. to institute a monthly rental fee for use of the Civic Center Auditorium and Hester Center Gymnasium to conduct weekly jazzercise classes and establish a revenue sharing percentage for jazzercise program registration fees Proposed Resolution No. R04-168 Re: Authorizing the execution of an agreement between Palm Beach County and the City of Boynton Beach to provide funding for the acquisition of the Jaycee Park property from Florida Inland Navigation District (FIND) Proposed Resolution No. R04-169 Re: Granting the Mayor authorization to request the Florida Department of Transportation ("FDOT'3 to convey surplus property to the City of Boynton Beach ("City") to be utilized for the public purpose of a park Proposed Resolution No. R04-170 Re: Deleting Diane Reese, Finance Director and authorizing William Mummert, Director of Financial Services to execute certain financial reports and documents on behalf of the City of Boynton Beach 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 13. Proposed Resolution No. R04-171 Re: Deleting Diane Reese, Director of Financial Services and Bill Atkins, Deputy Director of Financial Services and adding William MummeR, Director of Financial Services D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Intentionally Left Blank Approve the release of a cash surety for Carriage Pointe development in the amount of $22,000.00 Gm Approve the release of surety covering the water and sewer systems for the project known as Artesa/]onathan's Creek and returning Letter of Credit No. 2001-041A from Ohio Savings Bank to the developer Authorization to transfer $53,140.00 from account number 001-1211-512- 99-01 (Contingency) to account number 001-1610-513-31-20 (Physician's Exam) to cover the outstanding charges and provide funding for physicians exams through the end of fiscal year Authorize the use of Community Investment Funds by Mayor Taylor ($1,500 to Boynton Beach HeadStart), Vice Mayor Ferguson ($1,000 to Boynton Beach Little League for renovation of dugouts), Commissioner Ensler ($3,000 to Boynton Beach Little League Field for repairs due to Hurricane Frances, $2,000 to Greater Boynton Beach Sister Cities Committee for assistance with program costs, $1,000 to the Bob Borovy Scholarship Fund) and Commissioner McKoy ($2,500 to MADDADS to assist with programming costs) Authorizing the approval of "Renaissance Commons Plat Two, a P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, _lr., (City Engineer and Surveyor & Mapper) Motion Commissioner McCray moved to approve the Consent Agenda as amended. Ferguson seconded the motion that passed 5-0. Vice Mayor 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Consent Agenda Item VI.B. 1, Award the Contract for "THE EXPANSION/REMODEL OF THE LIBRARY" Bid# 017-2610-04/C5D to: SESSOMS CONSTRUCTION COMPANY, INC. of Hollywood, F/or/da /n the amount of: $5,727,485.00 plus a project contingency of $1oo, ooo. oo Motion Commissioner McCray moved to remove this item from the table. Vice Mayor Ferguson seconded the motion that passed 5-0. Lee Sessoms, Vice President of Sessoms Construction Company, :[nc., gave a brief history of the company. Commissioner Ensler inquired when the library project would be finished, for the benefit of the residents who wanted to know. Mayor Taylor noted that completion was scheduled for November 2005. He asked about adding an electronic box so a generator could be hooked up at the Library to prevent damage to the books in the event of a storm. He believed that it was important to add this item as part of the consideration for approval at this meeting. City Manager Bressner responded that this could be done in a Change Order and the contingency allowance in the bid would cover this. They were estimating that between this item and the waterproof membrane on top of the concrete decking of the roof the adder would be between $30-35K total. Commissioner Ensler complimented Ms. Virginia Farace, Library Director, and her staff for the countless hours over weeks and months and even years that went into the planning of this Library renovation and addition. Herb Suss, citizen of Boynton Beach, wanted it to be known that the Library Board had also spent a lot of time in the preparation of the Library project. Motion Vice Mayor Ferguson moved to approve Consent Agenda item VT.B.1, Award the Contract for "THE EXPANSION/REMODEL OF THE LIBRARY" Bid//017-26~0-04/C1D to: SESSOMS CONS-I-RUCT~ON COMPANY, INC. of Hollywood, F/or/da /n the amount of: $$,72Z, 455.00 plus a project contingency of $~00,000.00. Commissioner McKoy seconded the motion that passed 5-0. Consent Agenda Item V£ C.2~ Supporting a referendum to be held on November 2, 2004 for the levy of a discretionary half-cent sa/es tax by the School Board of Palm Beach County for the purpose of financing a comprehensive p/an to construct and renovate public schools countywide. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Mayor Taylor was concerned because one of the oldest schools (1950s) in the City was Galaxy Elementary and it was in dire need of repair and renovation. Mayor Taylor had spoken to the Executive Director of the School Board and others about wanting Galaxy Elementary to be one of the earliest schools to be replaced. As it appeared now, Galaxy was #17 on the list and that was only for planning money, with a scheduled completion of 2011. Commissioner McKoy had also gone to the School Board to try to get this date moved ahead. He was in favor of tabling the item to get a person from the School Board to come and talk to the Commission so the concerns could be aired. Mayor Taylor could go along with approving this so it could get on the Referendum, but he could not promote it unless he felt a lot better about the position of Galaxy Elementary. Commissioner McCray did not feel the Commission should hold this item up, but did feel that the Commission should do something towards moving Galaxy higher on the list. Motion Commissioner McKoy approved Proposed Resolution R04-160 with a request to invite the School Board to open a dialogue with the City Commission with specific reference to Galaxy Elementary School. Commissioner Ensler seconded the motion that passed 5-0. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS THE Attorney Cherof swore in all who planned to speak during the Public Hearing. Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON .IULY 20,, 2004 - TO BE HEARD ON 9-21-04) (.Zst READ. TIVG OF PROPOSED ORDJlVAIVCE NO. 04-073} Motion Commissioner McCray moved to remove the Lake Drive North Abandonment 04-003 from the table. Commissioner McKoy seconded the motion that passed 5-0. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Michael Rumpf, Planning and Zoning Director, reviewed the staff report for this item. The agent for Avon Investments, Inc., Rodney 3. Regan, requested abandonment of the north 4.2-foot wide walk. The north walkway, an unimproved easement, measured 160.64 feet in length and was located between Lot 30 to the north and Lot 31 to the south and provided access to the Intracoastal Waterway from Lake Drive North. There were no utilities in the easement. It was originally platted to allow access to the Intracoastal by local residents. Staff contended that the walkways (the report considered the southern walkway as well) were not being maintained properly and were overgrown with grass and other vegetation. If the City retained the walkways, the City would be obligated to maintain them and possibly improve the shoreline to minimize safety hazards and liability. Staff concluded that the north walk was not ideal for public access. It was the position of staff that the walkways served no public purpose and they recommended that both the north and south walkways be abandoned. Gail Easterling, ATCP, Certified Planner for the City of Plantation managing the Planning & Zoning Department, stated that she had 17 years of experience as a City Planner. Ms. Easterling believed that the City should revise its notification requirements since it only required notification of the adjacent properties and one of them was the person who would benefit by the abandonment. Ms. Easterling stated that the condition of the walkway had been very good until the time the applicant had begun clearing the land to build, shoving piles of vegetation and boulders onto the walkway. Prior to that time, it was regularly mowed and kept in good repair. It appeared that the applicant proceeded in anticipation of this abandonment request being granted. The walk had been in continuous use for many years by the residents and affidavits were provided to staff from many residents demonstrating that. Residents built houses in the area relying on the access to the Intracoastal Waterway, a feature that enhanced property values in the area. Also, the proposed abandonment was in the CRA area and the City's own CRA had recommended denial of this request. The south path was not at issue, in regard to staff's recommendation that it be abandoned as well. Also, many beach/waterway accesses were only sand paths, so the improvement of the path should not be at issue. Ms. Easterling urged the Commission not to abandon the walkway. Sherrie Easterling, 628 Dimick Road, stated that the neighborhood had done everything in its power since it found out about the request for abandonment to provide the City with proof that the walk had not been abandoned. Many updates had been given to staff along with the affidavits and she was dismayed not to see any mention of 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 that in the Staff Report. She wondered why the wishes of a developer would be put ahead of those of the long-term residents of the community who had been given the right to use this walk in perpetuity. Should the residents lose that right to give a developer four and a half more feet to build a bigger house? The residents did not believe so. Another citizen came forward and stated that she had been working with Ms. Easterling to provide the affidavits previously mentioned and she wanted to know why the Commission did not seem to have them. Attorney Cherof stated that the reason the affidavits had not been submitted to the Commission was that under quasi-judicial proceeding rules, the Commission was required to hear the testimony directly and the public is given an opportunity to cross- examine the testimony of staff or others. Staff's analysis and recommendation was not the final word. The power to make the decision of what to do about this issue was reserved to the Commission. Mike McCleary, 2600 Lake Drive North, stated that he greatly enjoyed the use of this walk as a means to relax and enjoy the view of the water. He urged the Commission not to grant the abandonment to the developer. 3ohn Pinkerton, 2510 Lake Drive North, said he had heard the Mayor say at another meeting that the City could not give away property belonging to another. He felt that that statement had meaning in this cause and he hoped that the Commission would remember it. Mayor Taylor commented that this was City-owned property and it was up to the City to decide what to do about it. Conrad Merry, 640 Dimick Road, stated that he had lived in the neighborhood for six years and had always used the walkway. He felt that without this walk, his property value would be lowered. .lohn McCann, Dimick Road, stated that he had lived in the area since the 1980s and raised children and grandchildren at this location. He was happy they still had a safe place to play. Public access to the waterways and beaches was disappearing at a rapid rate and he urged the Commission not to grant this abandonment that would take so much away from the public to give to one developer. Mike Mrotek, 2624 Lake Drive North, said that he expected that the letters, petitions, and affidavits provided by neighborhood residents would be shown to everybody, including the City Commission. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21~ 2004 3anie Miller, 2617 Lake Drive North, lived there longer than anyone else. The walk was platted in 1922 and the residents given the right to use the walk. She asked what right the developer had to take this away from the residents so he could make more money. She said the neighborhood was offended that the Commissioners would even consider this request. Mayor Taylor responded that the Commission was required to listen to a request for abandonment and that anyone had a right to ask for one. However, he did understand Ms. Miller's point of view. Michael Flood, 644 Potter Road, urged the Commission to allow the neighborhood to keep using this walkway and not grant the abandonment. Attorney Cherof explained the process for the benefit of the residents. Any individual had a right to make application for abandonment. The first time the Commission sees it or hears of it is when it comes on the Agenda. They are insulated from receiving information before the hearing because staff does not want to put the Commissioners in the position of being lobbied beforehand. The reason they do not see the affidavits is that they do not want to taint the process from that side either. The Commission hears all the evidence first hand and can make a decision based on it. When no one else came forward, Mayor Taylor closed the public audience. Mayor Taylor looked at some pictures he was given of the Intracoastal Waterway and this walkway. He realized that the developer had cleared the land in anticipation of the abandonment being granted. The neighbors reassured him that the walkway was normally kept in good repair. When he went to visit the site, it appeared that there was nowhere to walk, i.e. no beach or sand. The neighbors assured him that at Iow tide, there was plenty of sand to walk on. l~n response to Mayor Taylor's question of what the residents did in the Intracoastal that required the use of this walkway, the residents said they enjoyed the view of the water, walked on the sandbar, fished, sat by the water, snorkeled, swam, did cast netting, and generally enjoyed the beauty of it all. A discussion ensued among the Commissioners, who generally believed that a public purpose had been demonstrated. Mayor Taylor commented that continuous use since it was platted 82 years before tended to grant a right to continued ingress and egress. When the issue of reversionary rights came up in 1973, the public probably did not realize that they had to take action. He was a big believer in beach access, which was indeed fast disappearing. He could not in good conscience take this away from the people. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Motion Commissioner McCray moved that the request for abandonment in the Lakeside Park Subdivision, ABAN 04-003, be denied. Vice Mayor Ferguson seconded the motion that passed 5-0. Project: Agent: Owner: Location: Description: Edward Medical Office Building (ANEX 04-004) Hany Edward Hany Edward 3908 North Federal Highway Delray Beach (unincorporated) Request for annexation of 0.72-acre partially developed lot located in unincorporated Palm Beach County Eric Johnson, Planner, reviewed the staff report for the annexation and the land use/rezoning at the same time. Mr. Johnson indicated that the CRA had approved the annexation and land use but tabled the site plan. Staff recommended approval for the annexation, and the rezoning and land use detailed in LUAR 04-008. Mayor Taylor asked the applicant if he wished to address the Commission, and he declined. City Manager Bressner asked that the status of the billboard on the property be addressed since he did not want to annex property on which a billboard would have to be grand fathered. Mr. Johnson indicated that the billboard was no longer there and that the applicant had submitted paperwork showing that the lease agreement with Viacom had been terminated. Attorney Cherof stated that he had reviewed the document of notice of termination and payment of termination fee to cancel the billboard lease that was executed by the property owner. Commissioner Ensler asked if the owner had a right at some time to put a billboard on the property in the future. Attorney Cherof stated that billboards were prohibited under the City's Code. if the billboard were there when the property was annexed, it would be grand fathered in. Motion Vice Mayor Ferguson moved to approve the request for annexation. McKoy seconded the motion. Commissioner 16 Meeting Minutes Regular CRy Commission Meeting Boynton Beach, Florida September 21, 2004 Hany Edward, 2657 N.W. 29th Avenue, Boca Raton, stated that the billboard had been removed from the property. One pole remained for an electric meter that was there. Viacom asked him to leave it there because of the electric meter. Mayor Taylor asked who was going to remove the remaining pole. Mr. Edward said it could be removed at any time, but there was some equipment belonging to either the City or Palm Beach County and it would probably require a permit. The motion passed 5-0. Project: Agent: Owner: Location: Description: Gulfstream Gardens (ANEX 04-003) Bradley Miller, Miller Land Planning Consultants, [nc. Multiple Ownership West side of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (TABLED AT THE REQUEST OF THE APPLZCANT.) Motion Commissioner McCray moved to table Gulfstream Gardens ANEX 04-003 and LUAR 04- 004). Commissioner McKoy seconded the motion that passed 5-0. Mayor Taylor understood that this would be tabled until October 4, 2004. Attorney Cherof responded that the items would return to the Commission at that time in conjunction with the first reading of an Ordinance. Second reading of the Ordinance would be October 19, 2004. Project: Agent: Owner: Location: Description: Edward Medical Office (LUAR 04-008) Hany Edward Hany Edward 3908 North Federal Highway Delray Beach (unincorporated) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High [ntensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC); and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) Proposed use: 11,957 square foot medical building This item was heard out of order along with the annexation request from the same applicant. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Motion Vice Mayor Ferguson moved to approve LUAR-008. Commissioner McCray seconded the motion that passed 5-0. Project: Agent: Owner: Location: Gulfstream Gardens (LUAR 04-004) Bradley Miller, Miller Land Planning Consultants, ]:nc. Multiple Ownership West side of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard Description: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential; and Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD) Proposed use: Multi-family residential development (TABLED AT REQUEST OF THE APPLZCANT - See item VIII.C) Project: Agent: Owner: Location: Description: 306 Boynton Beach Boulevard, L.C. (NE 2nd Street) (ABAN 04-005) Roger B. DeCapito / _lim Knight N/A South side of Boynton Beach Boulevard between NE 1st and N.E. 3rd Street Request for abandonment of a 40-foot wide unimproved right-of-way (Northeast 2nd Street) Eric Johnson, Planner, reviewed the details contained in the Staff Report. Bell South determined that if a telecommunications structure were located underneath the roadway, the applicant would be required to dedicate a utility easement to them. Staff determined that the subject alley did not serve a public purpose, and recommended approval of the request to abandon this portion of the 40-foot unimproved roadway as described, subject to the comments in the Conditions of Approval. Mayor Taylor confirmed that the property owners to the east and west had been advised. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 3im Knight, 740 Havana Drive, Boca Raton, representing the property at 305 Boynton Beach Boulevard to the east of the abandonment, stated that the presence of lines belonging to Bell South had not been confirmed. :If it were determined that such lines did not exist, there would be no need for the applicant to provide any kind of easement for them. Tf the Bell South lines were found in this abandonment, the applicant would grant an easement to Bell South. Commissioner Ensler remarked that this issue had already been covered by the CRA and that the abandonment request was subject to the CRA comments. Mr. Knight confirmed that the applicant did not have a problem with any of the Conditions of Approval. Motion Commissioner McCray moved to approve the request for abandonment ABAN 04-005, 306 Boynton Beach Boulevard, subject to all Conditions of Approval. Commissioner Ensler seconded the motion that passed 5-0. ~[X. CTTY MANAGER'S REPORT: Approval of a contract with Workforce Alliance under the National Emergency Grant (NEG) funded from the United States Department of Labor, to provide temporary labor to assist the City of Boynton Beach with the post-storm clean-up (PROPOSED RESOLUTION NO, R04-.~72) City Manager Bressner recommended approval of this contract. There was no fiscal impact except some staff costs regarding administration and supervision. The City needed the extra workers to help clean up after Hurricane Frances. Mayor Taylor asked if this contract could be used to help the persons who call on the City for help cleaning up their yards because they were too old or too infirm to do so. Attorney Cherof thought that there should be a very Iow expectation that the task force people would be doing work on private property, since that constituted a significant increase in the City's risk. Mayor Taylor stated that the City should ask the Chamber of Commerce if it could put together a volunteer force to help such individuals. City Manager Bressner believed it would be necessary to look to non-profit organizations to provide assistance to individuals on private property. Commissioner McKoy thought that individuals who had permanently or temporarily lost their jobs could possibly benefit from this contract. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Motion Vice Mayor Ferguson moved to approve the contract with Workforce presented. Commissioner McCray seconded the motion that passed 5-0. Alliance as Award contract to Arbor Tree & Land, :[nc. in the amount of $148,000 to perform debris cleanup on the Golf Course caused by Hurricane Frances (PROPOSED RESOLUTION NO. R04-.173) City Manager Bressner indicated that subsequent to agenda item preparation, the contractor added that chipping and dumping could be included for an additional SZ8K. This brought the total to $~60K. Final confirmation that this work would be included in FEMA eligible reimbursement had not been received. City Manager Bressner thought that awarding this contract was the only way to get the Golf Course re-opened in a reasonable period of time. :If the Disaster Declaration did not include reimbursement for the Golf Course cleanup, the Golf Course Fund would have to pay for this. Commissioner McCray asked about the "FEMA reimbursable" statement in the letter from the Golf Course Superintendent. City Manager Bressner stated that the FEMA representative indicated that the chipping and dumping cost would be subject to FEMA reimbursement, which was not the same as a commitment that it would be approved. The final approval would depend on the wording of the Disaster Declaration. Commissioner McCray confirmed that three bids from qualified sources had been sought and that this was the Iow qualified bid. Motion Commissioner McCray moved to approve the award of the contract to Arbor Tree & Land, Thc. for debris cleanup on the Golf Course. Commissioner McKoy seconded the motion that passed 5-0. Approve a contract for the West Wing Emergency Re-roof due to Hurricane Frances damage in the amount of $66,047.60 (includes a 10- year warranty) to Preventative Maintenance Support Services with the expenditure being paid from Account #302-~299-5~9-6201. The expenditure will be reported to FEMA and should be reimbursed up to 75%. Pricing is from a Martin County piggyback Bid #A/R 03-283 (PROPOSED RESOLUTION NO. RO4-.Z 74) City Manager Bressner stated that the contract was necessary in order to finish the building repairs and allow the employees to return to the building and resume normal operations. The Disaster Declaration approving repair to public buildings had not been formally approved, so City Manager Bressner could not guarantee that it would be reimbursed. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Commissioner McCray inquired if the City's insurance covered any part of this. City Manager Bressner responded that a portion of it was covered under warranty. Commissioner Ensler asked that the materials be reviewed to assure integrity against high velocity winds, as they had done for the Library. City Manager Bressner responded that the West Wing was covered by a single ply membrane roof and would be repaired and replaced in kind. Commissioner McCray confirmed that there would still be the possibility of damage to the roof under a Category 2 or 3 hurricane. Motion Commissioner McCray moved to approve the contract for re-roofing the West Wing of City Hall. Commissioner Ensler seconded the motion that passed 5-0. X. FUTURE AGENDA ZTEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TAB£ED ON 8/$/04 based on review by Planning & Development Board and CRA) XI. NEW BUSTNESS: None X:[:[. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (Boynton Seafood) ( Tabled to g/2~/04 to allow for conditions of approval to be met) Motion Commissioner McCray moved to remove XII.A.1 from the table. Vice Mayor Ferguson seconded the motion that passed 5-0. Attorney Cherof read Proposed Ordinance No. 04-063 by title only. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Mayor Taylor opened the floor to the public, and closed it when no one came forward to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-063. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tab/ed to 10/~9/04 to allow for conditions of approval to be met) Proposed Ordinance No. 04-074 Re: Amending Chapter 26, Article IV "Sewers" to provide that the property owner is responsible for the maintenance, repair and replacement of sewer Laterals Attorney Cherof read Proposed Ordinance No. 04-074 by title only. Mayor Taylor opened the floor for public comment, and closed it when no one wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance 04-074. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. 4. Proposed Ordinance No, 04-075 Re: Revising Section 104.7.3 - OTHER FEES - of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code and return the responsibility of collecting Palm Beach County :Impact Fees back to Palm Beach County Attorney Cherof read Proposed Ordinance No. 04-075 by title only. Mayor Taylor opened the floor to the public, and closed it when no one wished to speak. Motion Commissioner McCray moved to approve Proposed Ordinance No, 04-075, Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (Janis Group) (Tabled to October 19, 2004 to allow conditions of approval to be met) Proposed Ordinance No. 04-077 Re: Amending Quantum Park NOPC #14 (DR[A 04-001) to create the new land use option "Industrial with Retail Sales" ([nd/R) to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & :Institutional" (TABLED TO OCTOBER 4, 2004) B. Ordinances - 1st Reading Proposed Ordinance No. 04-077 Re: Amending Quantum Park NOPC #14 (DR[A 04-001) to create the new land use option "Industrial with Retail Sales" (Tnd/R) to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional" Attorney Cherof read Proposed Ordinance No. 04-077 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-077. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 04-078 Re: Amending Chapter 15 of the Code of Ordinances Entitled "OFFENSES- MISCELLANEOUS" Article ]~V, Community Appearance and Maintenance, Section 15-120 Attorney Cherof read Proposed Ordinance No. 04-078 by title only. Commissioner McKoy commented that he had received a citation for having a tree hanging over a canal and asked if a finger canal was considered a public right-of-way. IVlr. Rumpf stated he would have to examine the Code in order to answer this. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-078. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XIV. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 8:40 p.m. CITY OF BOYNTON BEACH A'I-rEST: Recording Secretary (092204) ¢or Coml S:\CC\WP\MI NUTES\COM M\YEAR 2004\092104REGRECOVERED.DOC 24