Minutes 11-03-04
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
WEDNESDAY, NOVEMBER 3, 2004 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mike Ferguson, Vice Mayor Jim Cheraf, City Attorney
Bob Ensler, Commissioner Janet Prainito, City Clerk
Mack McCray, Commissioner
Carl McKoy, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
Mayor Taylor called the meeting to order at 6:30 p.m.
Dr. Solomon Rothstein offered the invocation, followed by the Pledge of Allegiance to
the Flag led by Commissioner McKoy.
ADMINISTRATION OF OATHS OF OFFICE/REMARKS
A. Administration of Oaths of Office & Loyalty to Commissioner Mack
McCray - District 111Remarks
City Clerk Prainito administered the Oath of Office and Loyalty to Commissioner Mack
McCray, who was re-elected Commissioner of District II.
B. Administration of Oaths of Office & Loyalty to Commissioner Carl
McKoy - District IV/Remarks
City Clerk Prainito administered the Oath of Office and Loyalty to Commissioner Carl
McKoy, who was re-elected Commissioner of District IV. Commissioner McKoy was
joined at the podium by his wife, Stephanie McKoy.
Commissioner McCray noted that there was a lot of work to be done and he thanked the
citizens for allowing him another three years for this purpose. Commissioner McCray
asked that everyone work together to make Boynton Beach a better place for all
citizens.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
Commissioner McKoy appreciated all the support he received from the citizens of
Boynton Beach during his first term as Commissioner, and he looked forward to serving
another three years. Commissioner McKoy noted that this City Commission has worked
hard and will continue to do so in order to finish the work that it started.
Mayor Taylor welcomed both Commissioners back and thanked them for their
contributions.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor reported that Item XI.A (Discussion of Suspended Animation, Inc.) will be
tabled until the next meeting.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as presented. Motion seconded
by Commissioner McKoy and unanimously carried.
II. OTHER:
A. Informational Items by Members of the City Commission
Mayor Taylor noted that every year there is a countywide golf tournament called the
"Mayors' Cup" and it is open to all municipalities. Boynton Beach won the tournament in
1997 when Mayor Taylor was Mayor at that time. The tournament was held this past
Friday and the City of Boynton Beach won again. Mayor Taylor offered special thanks to
Scott Blasie for helping the City team win. The trophy and plaque were displayed to the
Commission and audience.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, &
PRESENTATIONS:
A. Announcements:
Mayor Taylor made the following announcements:
1. Boynton Veterans Council Veterans Day Ceremony - November 7,
2004 at 2:00 p.m. at Intracoastal Park
2. Veterans Day Celebration at St. John's Missionary Baptist Church,
900 North Seacrest Boulevard on November 11, 2004 at 1 :00 p.m.
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
3. The Regular City Commission Meeting of December 21, 2004 has
been cancelled
Mayor Taylor announced that the groundbreaking celebration for the City Library's
building expansion would take place on Friday, November 5, 2004 at 1 :00 p.m. on the
Library's north lawn. The Boynton Beach Community High School Band will provide
entertainment and everyone is welcomed to attend. For further information please call
742-6380.
B. Community and Special Events:
None
C. Presentations:
1 Proclamations:
a. World Town Planning Day - November 8, 2004
Mayor Taylor read the proclamation declaring November 8, 2004 as World Town
Planning Day and presented it to Mike Rumpf, the City's Planning and Zoning Director.
Mayor Taylor was proud of the City's Planning staff and felt it was one of the best in the
area. He pointed out the tremendous workload that the planning staff handles and the
spectacular job they do. Mayor Taylor also commended the City's planning boards for
the advice and counseling they provide to the City Commission.
Mr. Rumpf thanked Mayor Taylor for his recognition of the planning staff and the
planning profession. Mr. Rumpf acknowledged the love, dedication and sincerity of his
staff. He also acknowledged the great planners of the past that had great visions in
fashioning our country. Mr. Rumpf announced that there would be an open house in the
Planning Division on November 8, 2004 and welcomed everyone to attend.
2. Presentation of Certificates of Appreciation to businesses that
provided assistance to the City during the two hurricanes
Mayor Taylor was joined by City Manager, Kurt Bressner, to present Certificates of
Appreciation to the businesses that provided assistance to the City during two
hurricanes. Certificates were handed out to those persons who were present as follows:
Patrick McMaster, General Manager of Golden Corral, for providing food
Marcio Cardoso, MacMillian Oil Company of Florida, Inc., for providing diesel fuel
Robert Galik, Manager, Publix Super Markets, Inc., for allowing utility workers to
shop in the store when all stores were closed and gave donations of food
Phil Medico, Southern Waste Systems, for providing a dumpsite and assisting
with roll offs. Mr. Medico also introduced Charles Guzmano, President of the
company
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
Richard Draper, President of The Ice Cream Club, Inc., for donating ice cream
Katie Kolacz, BJ's Wholesale Club, for donating a $75 gift card for lunches
Denise Cushing, Boynton Beach Ale House, for donating chicken wings for lunch
Christy Smith, Equipment Savers, for donating diesel fuel
Charles Goldberg, Krispy Kreme Doughnuts, for providing donuts for Utility
crews, on-duty firefighters, and at the Boynton Beach High School hurricane
shelter
Mike Bowman, Director of Road and Bridge Division, Palm Beach County, for
providing barricades
The following received certificates, but were not present:
Tony Lufman, Assistant Director of Road and Bridge Division, Palm Beach
County, for providing barricades
Dave Bruce, Panera Bread Store #3298, for providing food for the hurricane
shelter at Boynton Beach High School
Tom Zemaitis, Public Super Markets, Inc., for providing the Fire Rescue
Department with food for on-duty firefighters and a storage area for ice that
was distributed to needy citizens
Buffy McMillen, Sam's Club, for providing Fire Rescue with $500 for food and
non-perishable items and a pallet of water that was distributed to area
hurricane victims
Mark Rutledger, Co-Manager of Wal-Mart Supercenter, for donating lunchmeat,
bread and condiments for sandwiches
Larry Whitlick, Manager of Wal-Mart Supercenter, for allowing a Utilities team to
shop on Sunday morning, September 26, 2004
Judy St. John, Co-Manager of Wal-Mart Supercenter, for donating lunch meat,
bread and condiments for sandwiches.
Mayor Taylor thanked each and every business and their personnel for their support
and their commitment to the community during this time of need.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED 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, a resident of Boynton Beach, noted that the people of Boca Raton voted
down a pay raise for the Mayor and Commissioners of that City. In Boynton Beach the
Commission votes for their pay raises and he felt that the electors should decide
whether the Mayor and Commission should receive pay raises. Mr. Suss read an
editorial that appeared in a recent Sun-Sentinel newspaper that called the pay raise
request "repugnant." The newspaper opined that local politicians should seek office for
honor, public service and the reward of leading and shaping the community. Mr. Suss
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
was opposed to the Mayor and Commissioners receiving any kind of pay raise or
increase in expenses. He was in favor of the pay increases that the Mayor and
Commissioners received last year, but he would not support another one. He also
opposed elected officials receiving any kind of pension and medical benefits.
Mr. Suss gave an "A" to the Golf Course and staff for doing a wonderful job in cleaning
up after the recent hurricanes.
Mr. Suss also gave an "A" to City Manager Bressner for a remarkable job and for his
guidance during the recent hurricanes. He also thanked the Mayor for his leadership.
Lee Wische, 1308 SW 18th Street, pointed out that the two re-elected Commissioners
have always considered the welfare and interests of all the citizens, not just the citizens
in their individual districts. He felt the reason they ran unopposed was due to the fact
that they were doing an excellent job. He was unaware of two incumbents ever running
unopposed in the City. Mr. Wische wished both Commissioners well.
V. ADMINISTRATIVE:
A. Accept resignation of Mike Friedland, Regular member of the Planning &
Development Board
Motion
Vice Mayor Ferguson moved to accept the resignation of Mike Friedland. Motion
seconded by Commissioner McCray.
Mayor Taylor thanked Mr. Friedland for his many years of service on the Planning and
Development Board.
Vote
The motion unanimously carried.
B. Appointments to be made:
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07(Tabled 3)
I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07(Tabled 3)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05(Tabled 3)
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05(Tabled 3)
I Ensler Cemetery Board Alt 1 yr term to 4/05 (Tabled 2)
IV McKoy Code Compliance Board Alt 1 yr term to 4/05(Tabled 3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 (Tabled 2)
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 (Tabled 2)
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
I Ensler Education Advisory Board Alt 1 yr term to 4/05 (Tabled 2)
II McCray Education Advisory Board Stu 1 yr term to 4/05
I Ensler Planning & Development Bd. Reg 2 yr term to 4/05
Mayor Taylor passed on his appointment to the Education Advisory Board.
Commissioner Ensler appointed David Weinstein as an Alternate Member of the Education
Advisory Board.
Motion
Commissioner McCray moved to approve the appointment. Motion seconded by
Commissioner McKoy and unanimously carried
Commissioner Ensler moved up Shirley Jaskiewicz from an Alternate Member to a Regular
Member of the Planning and Development Board.
Motion
Commissioner Ensler moved to approve the appointment. Motion seconded by Commissioner
McKoy and unanimously carried.
All other appointments were tabled.
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:
1. Agenda Preview Conference - October 15, 2004
2. Regular City Commission Meeting - October 19, 2004
B. Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2004 Adopted Budget
1. Award Bid #094-2821-04/JA, "DOWNTOWN WATERSHED
STORMWATER IMPROVEMENTS - PHASE 2 OF 3, AREA 1", to
Coast land Development, Inc. and to execute a contract by
resolution in the amount of $1,036,460.00. Also approve an
owner's contingency of 10% in the amount of $103,646.00 for a
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
total project budget appropriation of $1,140,106.00 (PROPOSED
RESOLUTION NO. R04-184)
2. Approve the "Piggy-Back" of the State Contract #863-000-03-01
awarded to EASY PAY TIRE COMPANY for the purchase of tires
for our Fleet Department in the estimated amount of $50,000.00 for
the fiscal year 2004-2005
3. Approve a sole source purchase from DATA FLOW SYSTEMS of
Melbourne, Florida for the purchase of telemetry repair parts for
wells and lift stations in the amount of $50,000.00
C. Resolutions:
1. Intentionally left blank
2. Proposed Resolution No. R04-185 Re: Authorizing the
execution of Task Order No. U04-05-12 CH2M Hill, Inc. for
additional engineering services for the
RedevelopmenVReplacement Water Supply for the East Wellfield,
Wells 10E, 11 E and 13E project in the amount of $133,321.00
3. Proposed Resolution No. R04-186 Re: Authorizing the
execution by Resolution of Amendment #2 to Task Order #1 in the
amount of $52,000 to Brown and Caldwell, Inc., to provide for
continued professional consulting services from October 19, 2004
through December 15, 2004
4. Proposed Resolution No. R04-187 Re: Authorizing the
execution of the Police Service Contract Amendment for budget
year 2004-2005 with the CRA to provide police service to the CRA
District
5. Proposed Resolution No. R04·188 Re: Authorizing the
execution of an Agreement for Water Service Outside the City
Limits with Quintin Lee Van for the property at 1163 Highview Rd.
Lake Worth, Florida (Ridge Grove ADD NO 1 L T 197)
6 Proposed Resolution No. R04-189 Re: Authorizing the
execution of an Agreement for Water Service Outside the City
Limits with Micheline Many for the property at 7870 Loomis St.
Hypoluxo, Florida (Tropical Terrace L T 163)
7. Proposed Resolution No. R04-190 Re: Approving the
renewal of Software Maintenance Agreement with Queues Enforth
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
Development Inc. (Q.E.D.) for budget year 2004-2005 in the
amount of $44,418.00
8. Proposed Resolution No. R04-191 Re: Approval of contract
to permit the South Central Regional Waste Water Treatment &
Disposal Board to utilize the City's benefit plans
9. Proposed Resolution No. R04-192 Re: Authorization to
apply for $200,000 of funding towards the development of Jaycee
Park from the Department of Environmental Protection 2005/06
Florida Recreation Development Assistance Program (FRDAP)
10. Proposed Resolution No. R04-193 Re: Authorization to
apply for $200,000 of funding towards the development of Wilson
Park from the Department of Environmental Protection 2005/06
Florida Recreation Development Assistance Program (FRDAP)
11. Proposed Resolution No. R04-194 Re: Approving and
adopting an interim pay plan for new and/or pending positions for
FY2004-2005 budget
D. Ratification of Planning & Development Board Action:
1. Berry Veal (SPTE 04-009) - 1421 Neptune Drive - Request for
one (1) year time extension of the site plan approval granted on
August 3, 2003, from August 3, 2004 to August 3, 2005
2. Serrano Beach (SPTE 04-010) - Quarter mile west of Congress
Avenue; south of Golf Road - Request for a three (3) month time
extension of the site plan approval granted on August 5, 2003, from
August 5, 2004 to November 5, 2004 (The Planning &
Development Board granted approval of a five (5) month time
extension to 1-05-05)
E. Ratification of CRA Action:
None
F. Approval of an expenditure in the amount of $9,033.00 from the Federal
Forfeiture Fund in order to purchase 1 LaserFiche unit and license from
R&S Integrated Products (No impact on City funds.)
G. Approval of an expenditure in the amount of $16,563.40 from the Federal
Forfeiture Fund to purchase a closed circuit television system from
Security One Systems. This purchase is from the SNAPS Agreement
#6802563 (No impact on City funds.)
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
H. Approve the "MONTEREY BAY, A P.U.D." Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley
Jr., (City Engineer and Surveyor & Mapper)
I. Authorize Proposal for Settlement in the case Vernessa Edwards &
Vincent Mackey vs. City of Boynton Beach in the amount of $25,000.00
J. Approve the "THE PLAZA AT BOYNTON" record Plat conditioned on the
approval being the certification of the plat documents by H. David Kelley,
Jr., (City Engineer and Surveyor & Mapper)
Motion
Vice Mayor Ferguson moved to approve the consent agenda. Motion seconded by
Commissioner McCray and unanimously carried.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
None
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
B. Proposed Lease Agreement with Boynton Woman's Club (TBA)
C. Management of Colors along Congress Avenue, Federal Highway,
Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04
based on review by Planning & Development Board and CRA)
D. Review of Possible Changes to Compensation for the City Commission
(November 16, 2004)
E. Selection of Vice Mayor per Section 2-1.2 of City Code (November 16,
2004)
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
F. City Commission District Boundary Review - December 7, 2004
XI. NEW BUSINESS:
A. Discussion of Suspended Animation, Inc. (proposed use for zoning
verification) (TABLED TO NOVEMBER 16, 2004 MEETING)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Motion
Commissioner McCray moved to remove XII. 1, 2 and 3 from the table. Motion
seconded by Vice Mayor Ferguson and unanimously carried.
1. Proposed Ordinance No. 04-080 Re: Request for
annexation of 9.99 acres of partially developed parcels located in
unincorporated Palm Beach County (Gulfstream Gardens (ANEX
04-003) (Request to Postpone until November 3, 2004)
Attorney Cherof read proposed Ordinance No. 04-080 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Vice Mayor Ferguson moved to approve proposed Ordinance No. 04-080. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
2. Proposed Ordinance No. 04-081 Re: 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 (Gulfstream Gardens (LUAR 04-004) (Request to
Postpone until November 3, 2004)
Attorney Cherof read proposed Ordinance No. 04-081 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
Motion
Commissioner McCray moved to approve proposed Ordinance No. 04-081. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
3. Proposed Ordinance No. 04-082 Re: 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) (Gulfstream Gardens
(LUAR 04-004) (Request to Postpone until November 3,2004)
Attorney Cherof read proposed Ordinance No. 04-082 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McKoy moved to approve proposed Ordinance No. 04-082. Motion
seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion
carried 5-0.
4. Proposed Ordinance No. 04-089 Re: Amending
Section 14-5 of the Code of Ordinances to enforce restricted
parking on rights-of-way under the jurisdiction of the Florida
Department of Transportation (FOOT)
Attorney Cherof read proposed Ordinance No. 04-089 by title only.
Mayor Taylor opened the public audience. Since no one wished to speak, the public
audience was closed.
Motion
Commissioner McCray moved to approve proposed Ordinance No. 04-089. Motion
seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion
carried 5-0.
B. Ordinances - 151 Reading
None
C. Resolutions:
None
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Regular City Commission Meeting
Boynton Beach, Florida November 3, 2004
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 7:05 p.m.
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(November 4,2004)
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CITY OF BOYNTON BEACH
MEMORANDUM
TO: Honorable Mayor
City Commissioners
CC: Kurt Bressner, City Manager
Janet Prainito, City Clerk
FROM: James A. Cherof, City Attorney ~j6
DATE: November 2, 2004
RE: Tabling of 11/03/04 agenda item
I am requesting that item XI (A) under New Business regarding Suspended Animation,
Inc., be tabled to the next agenda to allow for additional legal research.
S:\CA \MEMORANDUM'JAC\Merno to Conunission - Table agenda item.rtf