Minutes 07-05-05
MINUTES OF THE CITY COMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, JULYS, 2005, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor Jim Cheraf, City Attorney
Bob Ensler, Commissioner Janet Prainito, City Clerk
Mike Ferguson, Commissioner
Carl McKoy, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Martin Zlatic - st. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
Mayor Taylor called the meeting to order at 6:31 p.m. and offered the invocation since Father
Martin Zlatic was unable to attend. Commissioner McKoy led the Pledge of Allegiance to the
Flag.
D. Agenda Appraval:
1. Additions, Deletions, Corrections
Attorney Cheraf asked item C.6, the Ratification of the White Collar Collective Bargaining
Agreement, be tabled because the document had not been returned for signature.
Attorney Cheraf asked item B.1, Ordinance for first reading, Community Commercial Districts,
be tabled as the Ordinance had not been reviewed by the Legal Department.
Motion
Commissioner Ferguson moved to table C.6. Vice Mayor McCray seconded the motion. Motion
passed unanimously.
Motion
Commissioner Ferguson moved to table B.1 under Legal. Vice Mayor McCray seconded the
motion. Motion passed unanimously.
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2. Adoption
Motion
Commissioner Ferguson moved to approve the Agenda as amended. Vice Mayor McCray
seconded the motion. Motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission.
Vice Mayor McCray noted there had been a misunderstanding that took place at the st. John's
Missionary Baptist Church and a letter of apology was sent from the Police Department to the
church and other organizations. The letter was well received and Vice Mayor McCray thanked
Chief Gage and his staff for following through with the letter.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
Art Explosion - July 8th.
Frank Ireland, Recreation Supervisor, said the Art Explosion would take place July 8th through
the 10th at the Hester Community Center. The goal is to expose the surrounding communities
to the many different avenues of art through workshops, seminars and panel discussions. Local
and international authors, performing artists, sculptures and fine artists would be participating,
interacting with all levels of participants. The event is free to the public and entertainment will
be provided. The Meet and Greet Reception on Friday and the Spoken Word and Comedy Show
on Saturday will require a $10 admission fee.
B. Community and Special Events:
None
C. Presentations:
1. Procla mation:
a. Recreation and Parks Month - July, 2005.
Mayor Taylor read the Proclamation for Recreation and Parks Month and presented it to Jody
Rivers, Parks Superintendent. Mayor Taylor commended the Boynton Beach Parks Department
for providing many outstanding activities for the citizens of Boynton Beach.
2. Presentation by Chief Bingham of Fire Rescue vehicle #837, a 1992
reserve rescue vehicle that has been completely refurbished and
retrofitted to serve as a Fire Scene Investigation unit as well as a
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Community Relations Support Vehicle. Total cost was $15,000. Cost of a
new vehicle would be approximately $65,000 - $85,000.
William Bingham, Fire Chief, recognized the outstanding efforts of a group of students and their
instructor from South Tech Charter School. He said the students and their efforts represent the
diversity, integrity, stewardship and creativity that the City has adopted in their value
statement. Vehicle #837 was on display. The mutual relationship between the City and South
Tech was formed during the 98/99 school year. Students contribute thousands of classroom
and personal hours on several projects representing substantial savings to the City. The
students who were present were recognized by the Commission and audience. Jeff Analora and
Lt. Ray Altman were also recognized for their dedication and contributions to the many projects.
Mr. Analora was given a certificate and a special award for his leadership with South Tech. Also
Fire Marshall Jim MacIntyre and the Fire and Life Safety staff were commended for their efforts
on the project. All participating students received certificates and Boynton Beach pins.
Lt. Ray Altman expressed appreciation to his wife and the entire department for their support
during his hours of absence to work on the projects. He presented Mr. Analora with a special
gift made by the students.
Mayor Taylor said while the students were learning on the project they were also giving back to
the community to help not only themselves but also Boynton Beach to grow.
Vice Mayor McCray announced there are openings on some of the advisory boards where
students can participate and he asked the students to continue their contributions to the City.
Mayor Taylor expressed his appreciation for the fireworks display put on by the Recreation and
Parks Board celebrating the 4th of July.
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)
Robert Brown, 701 S. Seacrest, said he had a problem with the Fire Department since last
September regarding a BBQ on his property. He had been directed to a Fire Engineer within
the Fire Department to get the definition of a BBQ. Mr. Roger Kemmer assured him as the Fire
Engineer and Assistant Chief that a 55 gallon drum along with a grill would constitute a BBQ.
The next day the Fire Department was summoned to Mr. Brown's property and he was cited for
an open burn. Mr. Brown felt Mr. Kemmer's conduct was unprofessional and felt lying should
be grounds for suspension or termination of City employees.
Mayor Taylor responded the issue has been brought up numerous times and has been decided
by the Courts in the City's favor. Mr. Brown said he would like an internal investigation because
he felt he had been libeled and slandered. Mayor Taylor said there were many extenuating
circumstances and the matter should not be discussed again during public audience.
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Jason Blakely, Blake's Towing and Transport at 1399 SW 30th Avenue, presented the
Commission with a picture of the 2005 International 12 ton wrecker he had purchased to
alleviate any concerns about his ability to complete Class "B" tows for the City.
Samantha Simons and Barbara Rudd of Intown Development Group, Delray Beach,
said they were a community development company with a $350 million neighborhood mixed
used development plan for the Heart of Boynton Beach. Ms. Simons questioned why they are
placed in a position of having to compete with the CRA to purchase property for
redevelopment. She pointed out the role of the CRA is to stimulate redevelopment and step
aside when a private developer comes forth. The competition elevates land and property values
in the redevelopment area. Intown Development Group's plan is providing a bright and vibrant
future, planned with expertise, including affordable housing, job creation, safety to
neighborhoods, church and parking facilities, walking streets connecting to Sara Simms Park,
plus safe play areas for children and sustainable benefits for many years in the future. She
requested the CRA, City and Intown Development Group work together.
Eric Peterson, 430 Hoadley Road, spoke about the New Alliance Church being constructed
on Hoadley Road. He indicated he had not received answers from his last appearance at the
prior Commission meeting regarding the road. Mr. Peterson said to his knowledge the building
permit on the property had expired. The permit had been extended for one year. He said the
site plan had also expired. The cut and fill or grading permit is valid but does not signify
building. Mr. Peterson requested the appropriate departments review the site plan and dates
including access and the roads, specifically in light of the Winchester project across the road.
Mayor Taylor said the Commission did receive an update and a copy would be provided to Mr.
Peterson. The issue on the expiration of the permits would be reviewed.
Kirk Orlovsky, 410 Hoadley Road, said the neighbors and homeowners continue to have
many unanswered questions. He requested an open meeting be held as previously done with
the Building Division and city officials. Mayor Taylor indicated prior Commission meeting
minutes reflect an open forum was held and questions were answered and decisions made.
Mr. Orlovsky indicated several meetings were held and issues remain unanswered. Mayor
Taylor said the matter will go through the process with site plan review and board meetings
before it comes to the Commission. Questions should be provided to staff in writing and
answers will be provided. Mayor Taylor's understanding was the road was reduced from 22 feet
to 20 feet to provide the least impact on homeowners' yards.
Mr. Bressner said if the site plan had expired, a new site plan would need to be approved and
the residents would again have an opportunity to speak. The issues raised two weeks ago
have been addressed. Mr. Bressner suggested all the questions of the community be provided
to staff in writing. Ms. Smith was sent a copy of the response from the last meeting for
distribution to the other homeowners. Mr. Orlovsky continued to question the location of the
road. Mayor Taylor suggested a point person be designated for the community to share
information.
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Commissioner Ensler suggested an informal organization be established to speak for the
residents and coordinate information between the City and residents. Eric Peterson volunteered
to be the point person for the neighborhood.
Herb Suss, Quail Run, commented the fireworks were enjoyable and first class. He said
there was $3.5 million in a fund for Recreation and Parks generated from the impact fees
charged to builders that should be spent on Optimus Park off Gateway. Mr. Suss requested
figures on how much was in the fund and the anticipated growth figure. He also requested the
CRALLs issue along Congress Avenue be again addressed. Mr. Suss asked that Boynton Beach
be the first city to institute laws to prevent businesses from taking private homes through
eminent domain.
Mr. Bressner pointed out the fireworks display was coordinated by the Special Events Team and
not Recreation per se. Mr. Bressner also said the impact fees and Optimus Park are issues for
the Commission and Recreation and Parks Board. The property has been on hold for a number
of years.
Mayor Taylor added the road through the Winchester property will actually increase capacity in
the area.
Patti Hammer, 52 Stratford Lane, thanked the Commission for her appointment to the
Recreation and Parks Board and commended the department for their excellent work in the
City, especially Wally Majors and Jody Rivers.
No one else coming before the Commission, Mayor Taylor closed the public audience.
v. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (2)
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (2)
I Ensler Cemetery Board Alt 1 yr term to 4/06 (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/06 (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (2)
Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06 (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (2)
II Ensler Education Advisory Board Stu 1 yr term to 4/6
I Ensler Library Board Alt 1 yr term to 4/06 (2)
II McCray Library Board Alt 1 yr term to 4/06 (2)
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II McCray Senior Advisory Board Alt 1 yr term to 4/07 (2)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 (2)
All 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:
1. Agenda Preview Meeting - June 17, 2005
2. Regular City Commission Meeting - June 21, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the piggy-back of Palm Beach County Bid #05-064/MP with
Playmaker Services, LLC of Delray Beach, FL to purchase playground
equipment for Meadows Park for $54,295.70 and Boynton Lakes Park for
$25,415.71 for a total of $79,711.41.
2. Approve the purchase from Oilmen's Truck Tanks, Inc. in the amount of
$26,400.00 for a new 1,500-gallon aluminum skid mounted diesel fuel
tank to be used as an alternative fueling source prior/during and after a
hurricane emergency.
Commissioner Ensler pulled item B.2 for discussion.
3. Award the "ONE YEAR CONTRACT FOR THE UPGRADE AND
MAINTENANCE OF THE NEAX PHONE SYSTEM FOR THE CITY OF
BOYNTON BEACH" Bid #025-151O-05/JA to Shared Technologies of
Deerfield Beach, FL, in the amount of $167,072 for the first year.
(Proposed Resolution No. R05-112)
4. Approve purchase from MoreDirect for a UPS (uninterruptible power
supply) for the Police Department Computer system in the amount of
$11,130.00.
C. Resolutions:
1. Proposed Resolution No. R05-113 RE: Approving the
Interlocal Agreement for Disaster Debris Management between the Solid
Waste Authority and the City of Boynton Beach.
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2. Proposed Resolution No. ROS-114 RE: Approving a
Special Warranty Deed conveying title to Wendell Warren for Lot 65,
Block 21, ROLUNG GREEN RIDGE FIRST ADDmON, as recorded in Plat
Book 24, Pages 223 through 226 inclusive, of the Public Records of Palm
Beach County, FL. Taxable value added to the City of Boynton Beach is
approximately $143,612.
3. Proposed Resolution No. R05-115 RE: Approving
agreement between City of Boynton Beach and Palm Beach County for
the exchange of updated geographic and land information on an ongoing
basis.
4. Proposed Resolution No. R05-116 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Reichard Holdings LLC for the property at 7887 Coral
Street, Lake Worth, FL. (Tropical Terrace LT 181)
5. Proposed Resolution No. R05-117 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Reichard Holdings LLC for the property at 7895 Coral
Street, Lake Worth, FL. (Tropical Terrace L T 183)
6. Proposed Resolution No. ROS-118 RE: Approving the
collective bargaining agreement between the City of Boynton Beach and
the National Conference of Firemen and Oilers, SEW, AFL-CIO, CLC,
Local 1227, White Collar Bargaining Unit, for the period October 2004
through September 2006.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
None
F. Return cash bond of $84,370 to D.R. Horton, Inc. for the project known as
Quantum Park Townhomes (Block 10, Lot #'s 1-6).
G. Return cash bond of $22,220.00 to Boynton Boundless LLC for the project known
as Boynton Boundless.
Motion
Vice Mayor McCray moved to approve the Consent Agenda as amended. Commissioner McKoy
seconded the motion. Motion passed unanimously.
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B.2 Approve the purchase from Oilmen's Truck Tanks, Inc. in the amount of
$26,400.00 for a new 1,500-gallon aluminum skid mounted diesel fuel tank to be
used as an alternative fueling source prior/during and after a hurricane
emergency .
Commissioner Ensler said he received information that the price quoted may be high for a 1,500
gallon, skid mounted fuel tank.
Jeff Livergood, Director of Public Works and Engineering, said the purchase is a result
of a review of the City's hurricane plans and the dilemma faced last year of moving fuel
throughout the community, particularly for generators. In the past, the fuel was brought in by
vendors and during last season's hurricanes the vendors were found to be unreliable. An
alternative method was sought. The City does have a 20,000 gallon underground diesel fuel
tank that is full, but the ability to move large quantities throughout the City was a problem.
The vendors contacted did not stock or sell a tank, plus the pump system that was movable.
Safety was also a major concern. Eight vendors were unable to provide the desired system.
There is a possibility that an Orlando firm could provide the system for $5,000 to $8,000 less,
however, it would not be available for this year's hurricane season. The proposed vendor has
set a delivery date of the first week in September for the prime portion of the hurricane season.
Commissioner Ensler asked how the problem was solved last year. Mr. Livergood said the
vendors took fuel to the alternate sites. It was an orchestration to move fuel relying on others
and the goal is to be self-sufficient. Commissioner Ensler asked for the City Manager's
recommendation.
Mr. Bressner recommended purchasing the equipment as specified to meet the City's need as
soon as possible.
Motion
Commissioner Ensler moved to approve the purchase. Commissioner Ferguson seconded the
motion.
Discussion
Vice Mayor McCray said the City was able to provide fuel where needed last year and if money
can be saved it should be considered. He pointed out the item should have been ordered last
year immediately following the hurricanes.
Mayor Taylor said the City was fortunate to have started stock piling fuel in advance and did a
tremendous job dealing with the need.
Robert Brown, 701 S.Seacrest, commented gas powered generators were not needed
because a gravity feed could be used. Pumps are also used with battery powered cables from
vehicles in the area. The pumps cost only $100. Mr. Brown questioned the urgency of
requiring bigger pumps.
Mr. Bressner said staff would not be allowed, from a safety perspective, to jump battery cables
as an ignition source.
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Vote
Motion passed 3-2 (Vice Mayor McCray and Commissioner Ferguson dissenting.)
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Approve negotiated settlement from court ordered mediation in the amount of
$38,000 in the case of Estate of Walter Fried & Esther Fried vs. City of Boynton
Beach & Allstate. The initial demand was for $100,000.00.
Motion
Commissioner Ferguson moved to approve the settlement. Vice Mayor McCray seconded the
motion. Motion passed unanimously.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission
A. PROJECT: 415 SE 5th Avenue (ABAN 05-002)
AGENT: Jeanne Heavilin, salefish Realty, Inc.
OWNER: James E. Ploen
LOCATION: 415 sE 5th Avenue
DESCRIPTION: Request abandonment of a portion of Railroad Avenue,
approximately 30 feet by 77 feet, immediately north of sE
5th Avenue South, west of Lot 11, Block B of Pence
Subdivision and East of the Florida East Coast Railroad
right-of-way. (1st reading of Proposed Ordinance No.
05-030)
Attorney Cherof read Ordinance 05-030 by title only.
Mayor Taylor opened the issue to public hearing.
Herb Suss, Quail Run, asked if the project was part of the CRA. Mayor Taylor indicated it
was part of the CRA area. Mr. Suss questioned Jean Heavilin's participation in the process in
light of her ownership of salefish Realty. Mayor Taylor said Ms. Heavilin had excused herself
from any participation with the issue.
Dave Noble, Salefish Realty, said he represented Mr. Ploen and would answer any
questions.
Robert Brown, 701 S. Seacrest, asked if the 30 feet was the distance between edge of
pavement and the property line and then 77 feet runs north and south. Attorney Cherof
answered, yes.
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No one else coming forward on the issue, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-030. Vice Mayor McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B. PROJECT: Commercial Uses in PUD Planned Unit Development
District (CDRV 05-011)
AGENT: Staff-initiated
LOCATION: PUD Planned Unit Development District
DESCRIPTION: Request to amend the Land Development Regulations,
Chapter 2.5 Planned Unit Development, Section 9.D
Commercial Standards, to allow commercial uses to front
on exterior or perimeter streets, when such locations are
consistent with adopted redevelopment plans. (1st
reading of Proposed Ordinance No. 05-031)
Attorney Cherof read Ordinance 05-031 by title only.
Dick Hudson, Senior Planner, said the PUD regulations were developed and adopted to
provide a more creative form of residential development. Most PUDs are located west of I-95;
however, there are four east of I-95. Current regulations allow a limited amount of commercial
space but it has to be internal to the project and not on perimeter streets. Much of the
commercial in the CRA is along the highway and forcing it internal would not be consistent with
the development pattern. The proposed change would maintain consistency with the existing
commercial and residential area.
Commissioner Ensler inquired if a similar change would be requested for areas outside of the
CRA coming through the P&D Board. Mr. Hudson indicated it could be done if Planning and
Development are going to adopt redevelopment plans. Commissioner Ensler felt the ordinance
should be City wide. Commissioner Ferguson agreed it would be more consistent city wide.
Mayor Taylor opened the issue to public hearing.
Robert Brown, 701 S. Sea crest, inquired if the ordinance pertained to all districts of the
CRA. Mr. Hudson responded this would pertain only to Areas 1 and 5 being north of the
Boynton Canal to the City limits and south of Woolbright to the south City limits. Mr. Brown
also asked for the definition of exterior and perimeter streets. Mr. Hudson indicated the
commercial would be exterior to the PUD development or around the perimeter of the
development. It has to be consistent with an adopted redevelopment plan and pattern.
No one else coming forward on the issue, Mayor Taylor closed the public hearing.
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Boynton Beach, FL
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-031. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The vote passed 5-0.
C. PROJECT: Peninsula at Boynton Beach (LUAR 05-004)
AGENT: Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
OWNER: Jennie Smith
LOCATION: East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
DESCRIPTION: Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial and High Density
Residential to Special High Density Residential. (1st
reading Proposed Ordinance No. 05-032)
Request to rezone from C-3 Community Commercial
District and R-3 Multiple Family Dwelling District to IPUD
Infill Planned Unit Development. (1st reading Proposed
Ordinance No. 05-033)
PROPOSED USE: 30 townhomes and 40 condominium units.
1. Peninsula at Boynton Beach (NWSP 05-013) Request for New Site
Plan approval to construct 30 townhomes and 40 condominium units on a
3.51-acre parcel.
Attorney Cherof said the first item was a legislative determination. The second item was quasi
judicial. Attorney Cherof inquired if the applicant had any objection to the Commission
conducting the two issues together.
Bonnie Miskel, representing the applicant, had no objection.
Attorney Cherof read Proposed Ordinance No. 05-032 and Proposed Ordinance No. 05-033 by
title only. All those testifying in the quasi-judicial portion were duly sworn by Attorney Cherof.
Eric Johnson, Planner, indicated staff had reviewed the request for plan use and rezoning
and recommends approval of the requested land use amendment and rezoning because it
meets the criteria of the land use amendment, it would not create an impact on the anticipated
infrastructure, the site plan is consistent with the requirements of IPUD regulations and meets
the requirements of compatibility with adjacent properties based on proposed uses, landscaping
buffers and setbacks. The project will have a positive impact on adjacent properties and will
contribute to the overall economic development of the City. The site plan is for two story
townhomes and moving east, three story townhomes and then a four story condominium
building for mixed units. The site is currently The Lake City Trailer Park that has 45 mobile
home lots or spaces with 32 being occupied with use. The existing density of the mobile home
park is nonconforming under the current land use. The Special High Density Residential would
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allow a project density of 20 du/acre. All concurrency requirements have been met. The
impact is not the proposed development to surrounding properties, but rather the impact of the
surrounding properties to the proposed development. No height exceptions will be needed.
Ms. Miskel said this is the northern gateway to the City of Boynton Beach and no improvement
has been made to the trailer park in the last 20 years. It has been kept clean but the owner
desires to move on. The plan is for a much more compatible and consistent use than the
present use.
Mayor Taylor asked if the applicant was agreeable with all the conditions. Ms. Miskel said the
applicant was agreeable to all conditions.
Mayor Taylor opened the issue to public audience. No one came forward on the issue and the
public hearing was closed.
Commissioner Ferguson inquired on the status of the people in the mobile homes. Ms. Miskel
said only fifteen residents remain. A general meeting was held and the residents were given a
relocation package. Five residents asked for individual meetings. Each unit was offered $6,000
for a single wide mobile home which is more than two times what the state requirement would
be for relocation and four times more than the abandonment requirement. Positive feedback
has been received and half will move out very quickly.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-032. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Mayor Taylor inquired if anyone in the public wished to speak regarding Proposed Ordinance
05-033. No one in the audience came forward.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-033. Commissioner
McKoy seconded the motion.
Commissioner Ensler commented the rules of the City require the water fee be paid within
seven days of the site plan approval.
Vote
City Clerk Prianito called the roll. The motion passed 5-0.
D. PROJECT: LDR Revisions (CDRV 05-007)
AGENT: City initiated
LOCATION: N/A
DESCRIPTION: Consider proposed modifications to Land Development
Regulations (LDR) relative to residential district building
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setbacks, and regulations for fences, walls, and sheds.
(1st reading of Proposed Ordinance No. 05-034)
Attorney Cherof read Proposed Ordinance No. 05-034 by title only.
Mayor Taylor opened the issue to public hearing.
Robert Brown, 701 S. Seacrest, inquired if the modifications would impact vacant land or
strictly land that has structures on it when referring to fences and accessory buildings. He
asked if it would apply to vacant land putting a fence around it prior to building the
development itself.
Ed Breese, Principal Planner, said the accessory structures are storage structures being
sheds and only accessory to an existing building on the site. A shed could not be placed on a
vacant piece of property.
With no one else coming forward on the issue, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-034. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
E. Notice of Intent (Resolution No. R05-107) "Notice of Intent" for
conducting a planning study and possible changes to zoning and development
regulations applicable to those properties located along the west side of N.
seacrest Blvd; between NW 3rd Avenue, and NW 8th Avenue and currently zoned
C-2, Neighborhood Commercial.
Attorney Cherof indicated the Notice of Intent was adopted by the Commission at the June 21,
2005 meeting. The regulation required the matter be returned to the next following meeting
for public hearing.
Mayor Taylor opened the issue to public hearing.
Mike Parker, 502 Sunshine Drive, Delray Beach, said his family owns the properties at
603 and 607 N. Sea crest Boulevard and would like to be notified of any possible zoning changes
that would create a decrease in the property value. He also owns 418 N. Sea crest and 508 N.
Sea crest as well as 103, 105, 106 and 112 at NE 4th Avenue that all front on Sea crest. He
anticipates zoning changes and would like to relocate his office and plan accordingly.
Motion
Commissioner Ferguson moved to approve the Notice of Intent, Resolution No. R05-107. Vice
Mayor McCray seconded the motion. Motion passed unanimously.
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F. Community Development Block Grant Review Committee funding activities in the
amount of $602,322 for funding activities in preparation of the City's One Year
Action Plan for FY 2005-2006.
Vice Mayor McCray said a letter had been received from the st. John Baptist Church CDC
requesting they not receive the additional $50,000 which can now be redistributed to other
groups. He suggested the committee meet again and redistribute the $50,000, unless the
Commission wished to decide the allocation.
Octavia Sherrod, Community Development Manager, said the application is due August
15th, but there is a period of time the application has to be made available to the public before
submission. She did not believe there would be any hardship to the applicants if the
distribution would be remanded to the committee. Mayor Taylor noted there was a significant
difference between staff recommendations and the committee recommendations. He pointed
out the committee recommended $30,000 to Community Caring Center and staff recommended
zero. Mayor Taylor and Commissioner Ferguson felt the Community Caring Center was a
worthwhile program that should receive funds.
Commissioner Ensler noted the committee recommended nothing for the Heart of Boynton and
staff recommended $200,000. He questioned the reasoning for staff's and the committee's
recommendations. Ms. Sherrod said the committee reviewed proposals submitted by potential
sub grantees. Staff always takes into consideration activities that would be beneficial to the
City and community at large.
Beverly Agee, Committee Member, added she had not reviewed anything from the Heart of
Boynton. Commissioner Ensler said he did not understand why the committee and staff were
not working together to provided a unified recommendation to the Commission. Ms. Sherrod
said staff serves as a facilitator for the proposals and had not reviewed the applications.
Nancy Byrne, Assistant Development Director, said staff's recommendation is totally
focused on the Heart of Boynton plan mainly because of the 108 loan the City did not receive.
The intent was to redirect the funding that would normally go to the service agencies back into
the City to accomplish the plan the City was looking to move forward.
Discussion on how the $50,000 should be redistributed continued adjusting the figures
submitted by the committee. Mayor Taylor suggested giving funds to Aid to Victims of
Domestic Abuse. Commissioner Ferguson suggested giving more money to the Palm Beach
County Resource Center and decreasing monies for Housing and Rehab Delivery. Mr. Bressner
said the Housing and Rehab Delivery provides housing for income eligible persons in the
community combining housing rehab and first time homeowners. The committee had already
reduced the requested funds and to further cut the amount could hurt delivery of some housing
rehab projects for the community which is an integral part of the Community Block Grant
Program. Mr. Bressner further said the Heart of Boynton is basically land acquisition and
alternative revenues will need to be found.
Mayor Taylor asked what the use was for planning and administrative dollars. Ms. Sherrod
answered the monies are used for staff support. She said the Housing and Rehab Delivery
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dollars encompass salaries for the two rehab inspectors. The average rehabilitation costs for
substandard housing is $30,000 to $40,000 per unit.
Commissioner McKoy asked what percentage of the applicants' budgeted dollars the
recommended amounts represent. He said he would need that information before he could
make a decision and vote.
Mayor Taylor recapped the discussion indicating the $50,000 would be distributed by giving
$25,000 to Aid to Victims of Domestic Abuse and the Community Caring Center contribution
was raised to $50,000. The Boynton Beach Faith Based CDC increased to $70,000 and the REM
CDC was reduced to $80,000. Ms. Sherrod said the public service regulatory cap of 15% could
not be exceeded. The activities consist of AVDA, Citizens Concerned about Our Children,
Community Caring Center and the funding for the summer camps. The cap is 15% of the total
or $90,348. Mayor Taylor suggested taking $5,000 off the Boynton Beach Faith Based CDC and
adding the $5,000 to Housing Rehab and Delivery.
Motion
Commissioner Ferguson moved to approve the CDBG grant funding as amended. Vice Mayor
McCray seconded the motion.
Discussion
Commissioner McKoy said all the agencies need the funding requested, however, he was
concerned about the percentage of the funding being used to cover administrative costs that
should be directed to programming.
Vote
Motion passed 4-1. (Commissioner McKoy dissenting.)
Meeting recessed at 8:26 p.m.
Meeting reconvened at 8:37 p.m.
IX. CITY MANAGER'S REPORT:
A. Status report on Human Resources Director position.
Mr. Bressner reported candidate interviews were scheduled for July 27th and 28th with a
selection in late August or early September. Vice Mayor McCray asked for the names of the
individuals on the interview panel. Mr. Bressner indicated the panel had not been finalized, but
Kofi Boateng, Chief Bingham, Pat sholos, Brenda Gibbs and possibly a representative from a
collective bargaining unit. A complete list would be given to the Commission
B. Comments from Police Chief and City Manager on Sun-Sentinel article.
Mr. Bressner said he had met with the command staff of the Police Department on Friday to
discuss the theft of funds from the evidence room. A written report had been submitted by
Chief Gage and he would present a summary oral report.
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Vice Mayor McCray said for the benefit of the citizens he hoped the summary report would
cover everything. Mr. Bressner said copies of the complete written report would be made
available.
Marshall Gage, Chief of Police, said on Monday, June 27th, one of the two property and
evidence custodians, William Mulheisen, Sr. reported to Lt. Biganti that over the past two years
he had been pilfering cash from the property room totaling approximately $40,000. When
contacted by Lt. Biganti, Chief Gage instructed the interview to stop, Miranda rights were given
and the matter proceeded to an investigation. An investigator was assigned and Mr. Milheisen
cooperated with the investigator. It was determined that approximately $60,000 in cash was
missing. Mr. Mulheisen was arrested, charged with grand theft and taken to jail. Over 100
cases were involved in the theft which had been occurring since 2002. Chief Gage said more
than 50% of the cases involved are not criminal in nature. On Friday, senior officials met with
the State Attorney General to review the charges and outline the prosecution in the charges
against Mr. Mulheisen. Chief Gage reported, currently, it was believed only cash had been
taken. A full inventory and audit of the property room are being arranged with an outside
entity expected to take several weeks. A slide presentation was shown of the physical location
of the property room within the Police Department. The evidence room is accessible only to
members of the Police Department or escorted visitors to the Police Department. If admission
to the storage area is required, a sign in and sign out plus an escort is required. There is long
term storage and video and audio tapes. The other storage room is for rotating property and
evidence brought in. The property and evidence room includes an area fenced off and gated
strictly for firearms and drugs requiring an extra set of keys for entry. There is also a safe used
for storage of cash, jewelry and valuable items.
Chief Gage reported the property room is staffed with two civilian personnel, both being former
sworn officers from other agencies in other states. Background investigations were completed
same as required for police officers. The civilians report to a division commander who then
reports to the Chief of Police. The Chief reported 2,500 to 2,700 pieces of property are logged
in each year with storage currently at 27,000 pieces of property. Full inventories of the
property room are done whenever the property room changes hands such as terminations and
hires, to maintain the integrity of the storage area. Chief Gage said annual inspections are
done as per accreditation standards requiring 60 or more pieces be randomly reviewed and
audited. The two audits that have been conducted did not reveal the thefts. Chief Gage
admitted change is needed. He outlined the procedure followed by officers establishing the
chain of custody of evidence brought into the property room. He pointed out unclaimed cash is
held for 90 days and then it reverts ownership to the City and is given to Finance. Firearms are
disposed of according to Florida Statute. Unclaimed items are converted to use by the City or
sold at auction.
Chief Gage said his investigation revealed the information reported in the newspapers regarding
other agencies and audits was incorrect. With the exception of one agency, random audits
were done similar to the Boynton Beach Police Department's procedure.
In the future, Chief Gage recommended cash, valuables and drugs have a full inventory
completed each year. He said standards need to be put in place and the outside inventory
audit should be completed as soon as possible. Recommendations of the auditor should be
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carefully reviewed to be included in any policy changes. Chief Gage further said annual audit
standards should be modified to include full accounting for any cash, jewelry, drugs and
firearms and other valuables taken in or out of the property room.
According to Chief Gage, staff was confident the loss suffered and resulting embarrassment
would not adversely affect successful prosecution of any criminal cases. This incident should
not be reflective of the remaining men and women of the Boynton Beach Police Department
who are providing loyal and honest service to the citizens of the community.
Vice Mayor McCray asked Chief Gage to explain his remark made to the Sun-Sentinel that it
would be too costly to do an inventory. Chief Gage explained his conversations with outside
consultants indicated a full inventory of this size property room would take six to eight weeks.
Random audits or audits of specific items would be more efficient than a full annual audit cost
wise and time wise. Chief Gage said standards can be set without going to the extent of a full
annual audit.
Vice Mayor McCray read for the record a letter submitted by B. Russo.
"As a resident of Boynton Beach I find it disturbing that you are wasting taxpayers money to
fund an external review of the Boynton Beach Police Department when it is clear what the
problem is - Chief Gage. Chief Gage is always the first to write his sergeants and lieutenants
up for failure to supervise but what about him. Clearly it is his inability to supervise, lead and
control his department that has lead to the recent scandals throughout the department. Chief
Gage recently went to the news to say he would prosecute Mr. Mulheisen to the fullest extent
of the law as he should. But what about Lieutenant Rick Ruden", you can explain this later, "as
President of the Boynton Beach Fraternal Order of Police, Lieutenant Ruden has managed
several thousands of dollars including. . . "
Mr. Bressner interrupted Vice Mayor McCray and informed the Vice Mayor the subject he had
been referring to is an ongoing criminal investigation and Vice Mayor McCray must stop. Vice
Mayor McCray stopped there but continued on another paragraph.
"A few months ago Chief Gage announced his upcoming retirement but has yet to do so.
Instead of allowing him the time to run the Boynton Beach Police Department into the ground
before he leaves, why not ask him to resign. Not only will this save the City the time and
money of an external review, it will also save the City from further embarrassment. A
successful leader should be respected by those around him. Unfortunately Chief Gage is not,
not by his officers, civilian staff or the citizens of Boynton Beach. He is a disgrace as both a
Police Chief and a person. Regards, B. Russo."
Chief Gage said whether he stays or not, an outside audit is required to gain the respect of the
public. He agreed a few months ago he had announced his retirement and the date is June 30,
2007. Chief Gage was willing to move the date to June 30, 2006 to finish taking care of the
current situation.
Vice Mayor McCray requested a copy of a report done prior to Chief Gage's arrival completed by
Assistant City Manager Dale Sugerman.
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Commissioner Ensler said the Chiefs recommendation of a full inventory of critical items was
sensible. He inquired how many items would be included in the full inventory. Chief Gage
could not supply a figure, but said of the 27,000 items less than one third would be cash.
Commissioner Ensler said the numbers given represent approximately 2/10th of one percent of
the items are randomly audited which is statistically not valid. He concurred the
recommendations are good ones and it was unfortunate they were not done before.
Commissioner Ensler requested clarification on the number of items that are cash, firearms,
narcotics and valuables to assess the significance of an audit.
Mayor Taylor said Mr. Mulheisen was placed on administrative leave with pay and a
recommendation for immediate termination was forwarded to the City Manager. Mayor Taylor
asked how long the leave with pay status would continue. Chief Gage said Mr. Mulheisen was
entitled to due process just like anybody else.
Mayor Taylor asked, based on the procedures outlined by Chief Gage, how a second person
would not have knowledge of the thefts. Chief Gage said the specifics of the investigation could
not be revealed at this time, but at any point one of the custodians could be in another part of
the storage area or building, or taking items to court or labs.
Mayor Taylor said he was in full agreement that a total audit should be done, plus a full
management review of the entire department by an outside entity. Mayor Taylor acknowledges
it would be a tough job to be in charge of all areas and he formally requested the Commission
to authorize the City Manager hire an outside civilian firm to audit the entire department.
Commissioner Ferguson said he found it incredible to maintain 27,000 pieces of property on
premise being a twelve year supply based on 2,500 a year. Chief Gage said any property had
to be stored at a secured and readily accessible location. Off premise storage presents a
security issue. Cases are purged with destructions a couple times a year, however, if cases are
pending, the property must be securely maintained. Capital cases require an indefinite period
of storage to cover any appeal periods.
Commissioner Ensler requested a copy of the audit for the last three years.
Commissioner McKoy said obviously there is a need to evaluate the department and he
supported the full audit.
Bob Katz, 306 SE 1st, said he had managed very large inventory systems and asked if a bill of
materials system is in place to identify items and their location. Mr. Katz said established
inventory control systems are available for any type of items to do random audits with
established standards. Chief Gage respectfully pointed out this was a Police Department, not a
warehouse. He also clarified the civilian custodians do not conduct the audits. The
arrangement of the property room is set up according to state and international accreditation
standards.
Herb Suss, Quail Ridge, said he had complete faith in the Police Department, but recent
developments had been unsettling. He suggested a review of the entire department is needed
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and perhaps surveillance cameras should be installed. Chief Gage responded surveillance
cameras are already in place.
Gerald Broening, 820 N. Road, said he was astounded that suspicions could be cast on
management because a thief was found in the Department. An audit of the entire department
was ludicrous according to Mr. Broening. Mr. Broening felt the focus should be on the robbery
itself and the investigation by the State's Attorney. He said it was not a reflection on the
management, or city management or city elected officials, but a reflection of society and the
person who stole.
Robert Brown, 701 S. Seacrest, inquired if the money stolen was taken during the 90 day
period for unclaimed cash or old term money kept for evidence. Chief Gage could not supply an
answer at the time. Mr. Brown also suggested a policy of termination for lying should be
established.
Lee Wische, 1302 SW 18th Street, agreed with the Mayor, an audit is important. He said
the Police Department has had a shortage of personnel for years due to funding. Mr. Wische
said the blame should be placed on the City Manager and Police Chief for poor budgeting. The
Police Department and Fire Department should not be compromised since they protect the
citizens.
Mayor Taylor said ten officers were added this year and another ten officers are to be added
next year representing a tremendous amount of money including take home cars and pay
packages.
Detective Sergeant Gary Chapman said he had been with the department for 19 years and
is currently a PBA representative. He pointed out the individual is not a sworn officer and
monies turned into the evidence room are accounted for immediately in the beginning of an
investigation because of the thorough job done by the officers.
Mayor Taylor said the leadership role is always responsible for staff's conduct. The Chief's
suggestion of an audit was a good move, but a full management review was necessary. Vice
Mayor McCray agreed with Mayor Taylor's request for a full management review. Commissioner
Ferguson said he was in favor of an inventory audit for the evidence room at this stage.
Commissioner McKoy said he would be in favor of an internal audit and viewing those results
before going further. Commissioner Ensler said two major incidents have occurred in the past
year and more than a simple audit is needed. Mayor Taylor said consensus was given for a
management review and internal audit of the evidence room.
C. Report on January, 2003 theft of a trailer mounted generator.
Mr. Bressner said the mounted generator was portable with wheels and stolen from a well site
within the City. The Utility Department did consolidate its equipment and secure it to avoid a
repeat incident. The investigation into the theft has not been concluded. Insurance funds have
been received for replacement of the equipment.
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Vice Mayor McCray indicated the newspapers said Boynton Beach had five generators stolen.
Mr. Bressner was only aware of one generator being stolen. Mayor Taylor inquired how often
the equipment in the Utility Department is audited. Mr. Bressner said fixed asset recording is
done annually.
Herb Suss, Quail Ridge, said a couple years ago two generators were stolen. Vice Mayor
McCray agreed there was more than one stolen.
Chuck Magazine, Risk Manager, said in January, 2003 two ADKA generators were stolen.
Approximately five months prior, a 120 KW generator was stolen for a total of three. Funds
were collected to reimburse the City for the purchase of replacement generators.
X. FUTURE AGENDA ITEMS:
A. Resolution of Need for Heart of Boynton Projects (7/19/05)
B. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
C. City Manager's Evaluation (October 2005)
D. Notification to residential areas of ordinance changes.
E. Intralocal Agreement Between the City and CRA -- Boynton Beach Promenade
Extension. (Proposed Resolution No. R05-09J)(Tabled 5/J7/05)
(7/19/05)
F. Refinancing of 1996 Utility Revenue Bond. (7/19/05)
G. Review allowing a limited number of business owners, who are non residents, as
members of the advisory boards.
Commissioner Ensler requested that due to the limited number of applicants to serve on the
advisory boards, item G be placed on the July 19th agenda for discussion.
H. Addition of a Veterans' Advisory Board for the City of Boynton Beach (7/19/05)
XI. NEW BUSINESS:
A. Designate a voting delegate for the 79th Annual Florida League of Cities
Conference - August 18 - 20, 2005 in Orlando, FL. Vice Mayor McCray and
Commissioner Carl McKoy are attending the conference.
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Motion
Vice Mayor McCray recommended that Commissioner Carl McKoy be the voting delegate for the
City of Boynton. Commissioner Ferguson seconded the motion. Motion passed unanimously.
B. Preliminary discussion of City Pension systems - Early Discussion of Defined
Benefit vs. Defined Contribution Plans. Note: The staff will be presenting a
recommendation to the City Commission on July 19th for selection of Pension
Consultant.
Mr. Bressner reported the consultant would be responsible for seven areas that would be fully
disclosed in the request for selection of a Pension Consultant at the next meeting. The other
aspect would be a review of the fees the financial advisors are potentially receiving on
transactions. He indicated the Federal Trade Commission had issued a checklist for financial
brokerage firms to follow and the General Employees' Pension Board decided to await a reply
from the brokerage firm regarding the checklist before doing an audit.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-023 RE: Allowing a
maximum building height exceeding forty-five feet in height but not
exceeding seventy-five feet in height in a PID Mixed Use POD, providing
application for building with a height exceeding forty-five feet to be
processed as a conditional use. (Quantum Park MU Height)
Attorney Cherof read Proposed Ordinance No. 05-023 by title only.
Neither the staff nor the applicant had a presentation.
Mayor Taylor opened the issue to public hearing.
No one coming forward on the issue, the public hearing was closed.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-023. Vice Mayor McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 3-2. (Mayor Taylor and Commissioner
Ensler dissenting.)
2. Proposed Ordinance No. 05-026 RE: Request to abandon a
portion of an unimproved 30-foot wide road. (Florida Public Utilities)
Attorney Cherof read Proposed Ordinance No. 05-026 by title only.
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Mayor Taylor opened the issue to public hearing.
Robert Brown, 701 S. Sea crest, inquired why the 30 foot road needed to be abandoned.
Mike Rumpf, Director of Planning and Zoning, presented a slide presentation showing the
area is predominately built out. The area surrounding the abandonment is Wal-Mart property.
On the east side is Steak n' Shake and the vacant parcel is the limited site of Florida Public
Utilities' gas transmission site. This abandoned area would be combined with the Utility site to
increase its developability. There is no public purpose for the property. Cross access is
provided. The utilities would be preserved under easements.
No one else coming forward on the issue, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-026. Vice Mayor
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
3. Proposed Ordinance No. 05-027 RE: Requesting a new
thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL) providing for the payment of fees to the City of Boynton
Beach for the nonexclusive right and privilege of supplying electricity and
other services within the City, free of competition from the City of
Boynton Beach, pursuant to certain terms and conditions.
Attorney Cherof read Proposed Ordinance No. 05-027 by title only.
Mayor Taylor opened the issue to public hearing.
Robert Brown, 701 S. Sea crest, inquired if any lines would be dropped north of Boynton
Beach Boulevard and if the contract allowed negotiations for those lines underground.
Attorney Cherof answered Florida Power & Light will negotiate and made it clear in past
negotiations they will pass any such cost on as a surcharge to the customers.
No one else coming forward on the issue, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance 05-027. Vice Mayor McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
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4. Proposed Ordinance No. 05-028 RE: Proposal to amend
the Land Development Regulations, Chapter 2, Zoning, Section 6.H.3 and
Chapter 10 (Telecommunication Towers and Antennas) to allow cell
towers within the Suburban Mixed-Use zoning district as stealth facilities,
integrated into the architecture of a Mixed-Use project. (Stealth Towers in
sMU)
Attorney Cherof read Proposed Ordinance No. 05-028 by title only.
Mayor Taylor opened the issue to public hearing.
Robert Brown, 701 S. Sea crest, said when the item was passed through committee it was
city wide and this Ordinance says Suburban Mixed Use zoning district. His concern was the
possible health effects of low level transmission antennas built with the residence of the mixed
use development and how far electromagnetic radiation may spread or other health effects.
Mr. Brown suggested a 30 year sunset be added to the Ordinance.
Mayor Taylor explained the Ordinance only covers sMU zoning districts and the tower already
exists on the old Motorola project.
Motion
Vice Mayor McCray moved to approve Proposed Ordinance No. 05-028. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B. Ordinances -- 1st Reading
1. Proposed Ordinance No 05-029 RE: Requesting to amend
the Land Development Regulations (LDR) Chapter 2, Zoning, Section 6
and Section 8.5, to create an overlay district to reduce the front, side
interior, and side corner yard building setbacks for parcels currently
zoned Office and Professional District (C-1), Neighborhood Commercial
District (C-2), Community Commercial District (C-3), and General
Commercial District (C-4) located within targeted areas of the CRA.
(Urban Commercial Districts (CDRV 05-004)) (Tabled to 7/19/05)
2. Proposed Ordinance No. 05-35 RE: Amending Chapter
15, Entitled, "Offenses Miscellaneous," of the City of Boynton Beach Code
of Ordinances, to create Article X, entitled "Sex Offender Residency
Prohibition"; prohibiting Sexual Offenders and Sexual Predators convicted
of Crimes under certain Florida Statutes from living within a specified
distance within the City of Boynton Beach.
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Attorney Cherof read Proposed Ordinance No. 05-029 by title only and distributed a survey
completed on similar ordinances adopted in nearby municipalities. The distance in those
ordinances is 2500 feet.
Commissioner Ferguson asked how many of the sexual offenders were pedophiles. Mayor
Taylor said the Ordinance related only to people who have committed sex offenses on people
under the age of 16 years old. Attorney Cherof said any of the State statutes have the
qualifier, ". . . of which the victim of the offense is less than 16 years of age."
Detective Sergeant Gary Chapman, Boynton Beach Police Department, said two of the offenders
were listed as sexual predators and the others were sexual offenders.
Commissioner Ferguson said he would approve 1,000 feet distance. Vice Mayor McCray said
the Florida Statute requires 1,000 feet and he agreed with that distance. Commissioner Ensler
felt protecting the children should be a priority and no number would be large enough.
Commissioner McKoy agreed with the 2,500 feet to be consistent with the other municipalities.
Mayor Taylor said three people agreed with the 2,500, so consensus rules for 2,500.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 05-035. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 3-2. (Vice Mayor McCray and
Commissioner Ferguson dissenting.)
3. Proposed Ordinance No. 05-036 RE: Amending
Chapter 2. Administration, adding a New Article XIII "CIVIL
EMERGENCIES-EMPLOYEE COMPENSATION"; providing for Compensation
to City Employees during periods of Civil Emergency.
Attorney Cherof read Proposed Ordinance No. 05-036 by title only.
Commissioner Ensler asked for a better definition of emergency to clarify when the emergency
employee compensation levels should apply. He also felt some exempt higher level employees
should not be paid overtime. Commissioner Ensler inquired if the clause of union employees
working outside the scope of their normal duties was in agreement with the labor contracts.
Attorney Cherof replied the collective bargaining agreements can be suspended by law under
exigent circumstances of local civil emergencies. A further definition can be included that when
the manager issues a declaration of this nature, he must identify he would be invoking this
particular ordinance by number. Commissioner Ensler asked if the provision under duty to
work, allowing termination of an employee during a declared emergency is consistent with the
union contracts. Attorney Cherof said the provision is only for terminating an employee who is
directed to report to work and fails to show up. The collective bargaining procedures would still
be followed for terminating an employee.
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Mayor Taylor asked if the City Manager would be allowed to declare an emergency without
Commission approval. Attorney Cherof said under the Compensation provision the City
Manager can declare an emergency; however, there are occasions an emergency can be
declared by two members of the Commission. The expectation is the Manager would issue his
own declaration for implementing his work force at the same time.
Commissioner Ensler pointed out under holiday pay an employee who worked would be paid
three times his hourly rate. He felt consideration should be given to allowing for time off for
the holiday.
Mayor Taylor expressed senior staff needs to be continuously present in the shelter and their
families are home alone so he felt compensation was necessary.
Commissioner Ferguson felt the declaration of an emergency should be a consensus of the
Commission rather than the City Manager.
Commissioner Ensler said his preference on compensation for senior staff would be a bonus
rather than an hourly rate. Commissioner Ferguson agreed. Mr. Bressner said a bonus was
paid last year based on an hourly rate. Although Mr. Bressner said he could be taken out of the
compensation mix, he felt department heads are the individuals who respond to the disaster
and remain present without their families. Mayor Taylor said he felt the City Manager was an
intricate part of the disaster recovery and should be included. Commissioner Ensler said with
the added definitions as outlined by Attorney Cherof he would be in agreement with the
compensation schedule requested.
Vice Mayor McCray said he agreed with Commissioner Ferguson that the Commission should be
in consensus on the declaration of an emergency. Commissioner McKoy asked if a special
meeting would be necessary to make the declaration.
Mr. Bressner related after the last hurricane aftermath, attempts to reach some of the
Commissioners were very difficult, if not impossible. He also prepared a set of minutes to
reflect the phone communication of ratification and transactions that took place for consensus.
Commissioner Ensler said the City Manager was the Chief Operating Officer and was present to
make those types of decisions. Commissioner McKoy felt timing was an issue and just being
kept in the loop, if possible, would be justified.
Attorney Cherof emphasized the Ordinance was not intended to replace or limit the
requirement. The Ordinance deals with the status of employees under the supervision of the
City Manager during an emergency only.
Motion
Commissioner Ensler moved Proposed Ordinance No.05-036 be approved subject to the
comments offered. Commissioner McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 3-2. (Vice Mayor McCray and
Commissioner Ferguson dissenting.)
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C. Resol utions:
1. Proposed Resolution No. R05-119 RE: Authorizing
the Intralocal agreement between the City and CRA for land acquisition in
the Heart of Boynton Beach.
Robert Brown, 701 S. Sea crest, asked what the boundary lines were for the Heart of
Boynton Beach and whether there would be notification to the property owners of potential
properties to be acquired or rezoned.
(Commissioner Ferguson left the dais at 10:03 p.m.)
Mayor Taylor said maps can be obtained from staff. The agreement allows the CRA to purchase
properties within the Heart of Boynton, but eminent domain taking can only be done by the City
Commission.
(Commissioner Ferguson returned to the dais at 10:05 p.m.)
Intown Development Group, Samantha Simons, said her company would like the
opportunity to work with the City and CRA to avoid being in competition for properties. She
requested the Commission hold off on the CRA/City land swapping in the area.
Doug Hutchinson, CRA Director, said the plan does include some swapping. The CRA is buying
property adjacent to Sara Simms Park to trade those properties for redevelopment on MLK
(Martin Luther King). Mr. Hutchinson indicated fifteen developers wish to operate in that area.
The goal of the CRA is to get phase one assembled to go out for proposals and then the
community can see the plans to have the very best developers come in.
Mayor Taylor commented he had heard a bidding war was going on with the CRA and private
developers actually jockeying for properties. He had also heard the threat had been made to
some property owners of the City using eminent domain to take properties. The representation
needs to be made the CRA, not the City, is trying to buy properties. Mayor Taylor suggested a
joint meeting may be prudent to determine the direction of the City and CRA to develop the
Heart of Boynton Beach. Commissioner Ferguson suggested the matter be tabled until more
knowledge can be shared between the City and CRA.
Commissioner Ensler said a history has become evident of increasing density and individuals
may be bidding on property based on the theory since it has been done before, it will be done
again. Some agreement should be reached on the allowable density which will drive the price
of the land.
Commissioner McKoy commented agreement should be reached and still remain as true as
possible to the Heart of Boynton plan.
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Motion
Commissioner Ferguson moved to table Resolution R05-119. Vice Mayor McCray seconded the
motion. The motion passed unanimously.
Mr. Hutchinson said gaps exist in the present plan and direction needs to be given as soon as
possible. He would also like to discuss the affordable access issue.
D. Other:
None
XIII. UNFINISHED BUSINESS:
A. Building Colors along Major Roadways (CDRV 05-009) Proposal to
amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for
buildings located along Boynton Beach Boulevard, Federal Highway, and
Congress Avenue.
Mayor Taylor suggested the item would probably involve lengthy discussion and should be
tabled to the next meeting.
Motion
Commission Ensler moved to table the item to the next meeting. Commissioner McKoy
seconded the motion. Motion passed unanimously.
B. Review of off duty police detail fees as previously approved by City Commission
on May 3rd, 2005.
Vice Mayor McCray said homeowner associations were not properly notified and their respective
budgets could not absorb the rate increase. Attorney Cherof indicated the rate increase was
included in a Memorandum of Understanding between the City and PBA being a binding
agreement. Absent a wavier of the rate or delay of the implementation date, the City is bound
under that agreement. Mr. Bressner indicated a very small amount goes to the City. Mayor
Taylor said the increase rate was an incentive for officers to volunteer for the duties. Attorney
Cherof said any direction from the Commission would be immediate, but the rate cannot be
changed until consent is given by the PBA.
Chris DeLiso, President of the Crossings Homeowners Association, asked if the officers get the
same rate, what were the consequences, if any. Attorney Cherof responded the City could not
supplement the enforcement of security on private property under the law.
Vice Mayor McCray inquired if the homeowners had been notified. Attorney Cherof said none of
the homeowner associations had been notified except on the billing statements.
27
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL July 5, 2005
Marshall Gage, Chief of Police, commented the Sergeant that manages the program gave
each of the companies and homeowners' associations two weeks notice before the Commission
passed it.
Mr. DeLiso indicated he was notified after the Commission had passed the proposal. Chief Gage
indicated the notice was given verbally by phone. Mayor Taylor said the hiring of the police
officers was done voluntarily by the associations.
Ms. Gray, 19 Buttonwood Lane, Vice President of Sandalwood Homeowners' Association
said she was a former COP member and an alumni of the Citizens' Patrol, Citizens' Police
Academy. The Association hired the Police Department the last three years. Private security
had been hired, but was found to be sleeping on the job. She said the Association had hired
officers 29 of the 31 days of the month and are now forced to cut the coverage back to 18
days. Ms. Gray added many of the officers depend on the off duty pay for their income.
Mr. DeLiso added the reason for the overtime duty details was the long response time from the
Police Department. Mr. Cherof emphasized it is not an overtime detail.
Kathy Caroll, 22 Crossings, Unit C, said the 48% increase leaves the Association in a
position of having to make a special assessment on the Crossings residents or reduce the hours
by 50%.
Attorney Cherof felt the reduced number of days available may put the Commission in a good
position to go back to the PBA asking to roll back the amendment with perhaps a later
implementation date.
Mr. DeLiso inquired if longevity could be included in the negotiation. Attorney Cherof said he
would pursue a reduced rate for a long term contract from the community and a guarantee for
a specified number of hours per month.
Ms. Caroll pointed out Lisa Peterfreund, the Treasurer at Lawrence Grove, had been present for
discussion on the issue but had to leave the meeting. She had the same issues with the rate
increase.
Attorney Cherof asked if the reduction would be only for the three communities or include the
35 other entities requiring off duty details. Mayor Taylor said it would have to be across the
boa rd. Attorney Cherof further asked if the rate reduction would apply to new homeowner
associations.
Ms. Caroll clarified Sergeant Lillie had contacted her the last week of May stating the rate would
be effective in mid-June. Within the week, the Sergeant called stating the rate was effective
immediately.
28
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL July 5, 2005
XIV. ADJOURNMENT:
There being no further business to come before the Commission, the meeting adjourned at
10:32 p.m. to an executive session.
"~~~..""-
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Cle~-, <J }4~
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/ Deputy City Clerk
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development
CITY OF BOYNTON BEACH, FLORIDA P&Z
Building
Engineering
Oce. License
PROJECT NAME: Florida Public Utilities Deputy City. Clerk
-
APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager / Florida Public Uti I
APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Ms} 17, 2605 Jul'f ~ aOOS"
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 3D-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located at the southwest corner of Winchester Park Boulevard and
Old Boynton Road, more particularly located directly west of undeveloped
land, zoned C-3.
DRAWING(S): SEE EXHIBIT "B" A IT ACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning & Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The AP~t
_HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~RANTED subject to the conditions referenced in paragraph 3 hereof.
- DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
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"A - 01"'" 3O-foot tfght.of.wa, lying - of.... adjacent 10 T..ct 42 .s s"""" on "'. SU.DIVISION 0' SectIon 1.. TOWnshIp 46 Sou"'.
...... ... East. Palm Beach Co"nt>. 8=MJog to "'. "." "'ereot -"In Plat BooI< 7. .... 1., of"'" PubUo _ 01 P.1m _ Count>.
-. said """"" "'no So,,", of ... tfghl<>f....y line of Old So)'llloo Road 'OS _ "In no, ."" ~ "_I _ ~....., ~ O.~.e. ...."'. Pogo
11n.I\ Ñ ~ho Pub/io Roootd;:l of P'tClh" 8t=~Oh Gaumy, -loNda, and more particularly described as follows:
BEGINNING as poInt on the west line of said Tract 42, 20 feet ,outh of Its original northwest tract comer (said poInt being on the existing south
~way In. of said Old .oynton Road). "'..,'" non .outh..,..Ong said -line 01 r.... 42. . d""'nee of 2$2.13 feet 10 . point... "'. """"
.... of a d,,'n... ...·""'n. .. des<>ibed In O.R.. f0939. Pag. 1451. PubOo ....... 0( Palm ...... County. _a. "'''''''' ... westerly -.
88Id 00,",1n. of $Ò" d..k1age ....ment a distance 01 30 "'ot to . poIn' on "Ie ..., Un. of T.." 45 as shown on _ pia, of "'.
SUBDIVISION of - ,. (sa" east Uoo being also !he .... Un. 0( rr." 'A' ('Iormwa'et e_) o'!he plat of WAL'MART AT BOVNrON
BEAcH. .. """'ed " Plat BooI< .... P_ 140 . 14 f, of "'e said PubUc _ of Palm "'011 County, Florida), """" "'" ......., alo"" "'.
'asH... 0( said T.... 45. a .....""" of 253.8' "'.. !o . poiM on ... ..Id ""ling so"", right_, In. of said Old .0'_ R..d. "'en" run
easterly along said south right-of-way fine a distance of 30 feet to the POINT OF BEGINNING.
Subject to 8 15 foot utility easement over the west 15 feet thereof. .
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EXHIBIT "C"
Conditions of Approval
Project name: Florida Public Utilities
File number: ABAN 05-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Subject to a 15 foot utility easement over the west 15 feet thereof. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Abandonment request requires an affirmative response from Florida Power & X
Light prior to the second reading ofthe ordinance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined. ~
S:\Planning\SHAREO\WP\PROJECTS\Aorida Public Utifities\ABAN 05-001\COA.doc
-
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development
CITY OF BOYNTON BEACH, FLORIDA P&Z
Building
Engineering
Oce. License
PROJECT NAME: Florida Public Utilities Deputy City. Clerk
APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager I Florida Public Util u~s
APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Me) 17, 2605 Jul'f s: aoos-
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located at the southwest corner of Winchester Park Boulevard and
Old Boynton Road, more particularly located directly west of undeveloped
land, zoned C-3.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning & Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The AP~t
_HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~RANTED subject to the conditions referenced in paragraph 3 hereof.
- DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED: -O~
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,"A - of !he 3<J.IOot tight<>f-way lying We" ofand adjacem to Trost 42 as ....... on lhe SUBOIIIISION of _ 19, TOWnshIp 46 South.
Rang. 43 East, Palm Seach eo""",. .""'lI1Ing to Ih. pia! thereof ........ " P~t Book 7, Pago 19. of !he Pobllo Record, of Palm Beach County,
-. said - ~Ing So"", of Ihe/ighklt-way line of Old 90_ Road (as ""'"""" ~~ N. OM ~ "_) _ ~_..,J ~ o,~... "'TO. '''''"
11M t'll tho Publio Roool'd" of 1'"11111" ßI'~Ct1 CoUnty, !-loNda, and more Þsrticularfy deseribed as follows:
BEGINNING as point on the west line of said Tract 42, 20 feet eouth of Its origlnaf northwest tract comer (said point being on the existing south
right-Of-way fine of said Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point 011 the north
line of a drainage easement as described 111 O.R.B, 10939. Page 1451, Public Record of Palm f:lear:h County, Florida, thence run westerly along
.aId north line of ,àld drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on afol'Qald plat of thl¡l
SUBDIVISION of Section 19 (said east IÎne being also the east fine otTract 'A' ($tormwater easement) of the plat ofWALoMART AT BOYNTON
BEACH. 8$ recorded in Plat Book 94, Paoes 140 & 141. of the saId Public Records of Palm Beach County, Florida), thence run northerly along the
east line of said Traçt 45, a distance of 253.67 feet to iii point on the said existing south right-of-way line of said Old 8oynton Road, thence run
easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING.
Subject to 8 15 foot utlfhy easement over the west 15 feet thereof. .
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EXHIBIT "C"
Conditions of Approval
Project name: Florida Public Utilities
File number: ABAN 05-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Subject to a 15 foot utility easement over the west 15 feet thereof. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
""_~","""""~-",-",.""""",--"""""~_""",,,,.,~,",,.,;_..è.,~"_,~,....,;_,,,;·;~
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Abandonment request requires an affirmative response from Florida Power & X
Light prior to the second reading of the ordinance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined. ~
S:\Planoi1g\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\COA.doc