Verbatim Excerpts 2004
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VERBATIM TRANSCRIPT FROM BOARD OF TRUSTEES EMPLOYEES'
PENSION PLAN QUARTERLY BOARD MEETING HELD ON
FRIDAY, JUNE 3, 2005
(REQUESTED BY CITY MANAGER BRESSNER)
IV. Financial Reports-
D) Benchmark Financial Services - Edward "Ted" Siedle,
President - Report on Pension Consulting
Kurt Bressner: Mr. Siedle, Mr. Robins is here also from Merrill Lynch and
requested an opportunity to talk regarding your presentation. Do you want me
to flip a coin and see who goes first or how do you want to handle this?
Edward Siedle: I would prefer if he went first.
Richard Robins: It is his presentation, I would like if he went first and I could
respond.
Kurt Bressner: All right, you are up first then Mr. Siedle.
Edward Siedle: Before I start I want to be clear. You are not with Merrill
Lynch, is that correct.
Richard Robins: I'm sorry; I did not realize we were going to be cross-
examined here.
Edward Siedle: No, I just want for the record to be clear whether you are
with Merrill Lynch or not.
Richard Robins: I am with an outside law firm.
Edward Siedle: And what firm is that?
Richard Robins: Sutherland Asbill and Brennan.
Edward Siedle: So you are here to represent your client.
Richard Robins: Absolutely.
Kurt Bressner: Now that you have gotten those questions done, if you have
any other questions you direct them through me, okay.
Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3,2005
Edward Siedle: Okay.
Kurt Bressner: Anybody in the audience, so if you please direct your
questions through me.
Edward Siedle: Sure.
Kurt Bressner: Thank you.
Edward Siedle: We have been through this before at the Lake Worth Board
Meeting, and that is why I want to make sure that - in that context we were not
given an opportunity for rebuttal, and we also raised subsequent to the meeting
_ that to clarify what firm he was with and wasn't with. I want to hand you some
additional materials.
My name is Edward Siedle and I am President of Benchmark Financial Services,
and we investigate wrongdoing involving money managers, pension and
consultants, brokers, and others. I have been called the Pension Detective, the
Sam Spade of Money Management. I have been doing this work since I began
at the Securities Exchange Commission in 1983, and have generated quite a bit
of press coverage for the work that we have been doing, combating pension
consultant wrongdoing. The pension consulting industry has had elements of
wrongdoing in it for a long period of time and it's been pervasive. We've been
investigating pension consultant cases since 1996. And as the Plansponsor and
Forbes articles indicate, this one "A Bribe By Any Other Name" and "Show Me
The Money", we initiated the earliest investigations in this area on behalf of the
$1.6 billion dollar City of Nashville Pension Fund and also on behalf of the City of
Chattanooga Pension Fund.
In December 2003, the Securities and Exchange Commission and the
Department of Labor asked for our assistance in developing standards for
pension consultant disclosure. Up until that point there were no standards. May
16th, just last month, the SEC announced the findings of its investigation. I
provided you all with the staff report on that, and the SEe's findings were that
disclosure of conflicts of interest, hidden financial arrangements, and other
wrongdoing was pervasive, and that the disclosure provided by the consulting
community was abysmal, in their own words.
Subsequent to that on June 1st, the SEC and the Department of Labor, jointly
issued (which I just handed you today), guidelines for pension funds to use in
investigating or their due diligence of the pension consultants that they use.
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Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
The implication of these standards for Florida public funds is significant. Here in
the state, we have over 100 funds that are advised by broker consultants that
are subject to significant conflicts of interest that cause massive harm to the
taxpayers of this State. So I reported in the New York Times and elsewhere it
costs the taxpayers of this state hundreds of millions of dollars. The wrongdoing
will not continue to be concealed indefinitely, it is just a question of time. We
are doing an investigation now on behalf of the City of Delray Beach Police and
Fire Pension Fund, and we are in discussions with many other pension funds
around the State about investigating these conflicts.
One thing that is abundantly clear at this point, from the SEC and the
Department of Labor, is that pension consultants are fiduciaries. The broker
consultants in this State generally have resisted inclusion of language in their
contracts indicating that they are fiduciaries. Some of the contracts may have
that in it. I have not seen your contract, indeed I didn't even know who your
consultant was until I walked into this room. But this is a significant
development for the SEC and the Department of Labor to come out and say
while consultants may attempt to dodge fiduciary responsibility, they are
fiduciaries. What does that mean? That means that they have to disclose any
kickbacks they are receiving, any hidden financial arrangements, any
compensation, anything that might in any way impair their ability to provide you
with objective advice, and anything that may result in their putting their interest
ahead of your own. That is what's critical, these conflicts be adequately
disclosed or eliminated.
The typical broker consultant's strategy employed in this state and elsewhere, is
to offer the fund a low hard dollar fee of $15,000, $25,000, whatever; then to
recommend to you - don't pay it in cash, pay me through brokerage. Let your
money managers do trades, which they are going to have to do anyway, and we
will earn our fee from that. We would give you a 2-1 ratio. We would give you a
50% credit, that's the industry standard. That is not the industry standard. The
industry standard is far closer to 70% or 75% even. The result of telling you to
pay the fee through brokerage commissions at 2-1, is that the fee doubles.
Instead of paying me 25,000 in dollars, you are paying $50,000 in commissions.
That is bad enough, but it gets far worse, because the money managers that are
selected are managers who have agreed to trade with the broker consultant,
100% of their trades, 90% whatever. There are also money managers that have
high portfolio turnovers. They trade a lot. You don't have index managers being
recommended, you don't have low turnover managers being recommended, you
don't have as much fixed income being recommended. And managers, who
should have been fired years ago for dismal performance, continue on year after
year, even though they are in the bottom 10% of their performance or peer
group.
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
The failure to disclose the conflicts of interest when this pay me through
brokerage arrangement is established, is significant because you don't realize
that by entering into this compensation arrangement, the integrity of the advice
you are getting has been utterly devastated. So the failure to disclose the total
sources of compensation derived from the money managers is also a big issue.
You will never know how much money your consultant has made from your
account. And you won't know it because a lot of the stuff doesn't show up on
your custody statement, and it doesn't show up anywhere else. It could be a
hidden financial arrangement, or it can be simply hand in cash. It can be the
imputed commission on a bond trade. You don't know what you are paying on
your bond trades. It could be the imputed commission on an equity trade. None
of these things are being disclosed to you.
You have looked on my outline on item 8; the total compensation your
consultant may be making off your fund can include many of these elements.
Commissions on the obvious commission on trade; the implied commission; or
the hidden commission on fixed income and net trades; revenue sharing fees,
finders fees, conference fees, consulting fees to managers; that's where the
consultant says that he will help the manager learn how to market effectively to
pension funds such as yours and then collects a fee from the manager for
helping introduce you to him and vice versa. As I note here on the outline, your
custodial statements will not show all trading commissions, so don't be fooled for
a minute to thinking that you are seeing all the compensation.
The investigations we've undertaken around the world from Guam to Bermuda
have shown that consultants could make 10 times the amount of the fee that
you believe they are earning, the expressly stated fee. The result is that the
total compensation derived by the consultant is never fully disclosed and the
fund pays a much higher consulting fee than it otherwise would have to pay.
The other result is that the managers are selected on a willingness to pay versus
who is best for the fund. That ends up costing the fund millions. The brokerage
commissions that you pay are higher. They shouldn't be six cents, they
shouldn't be five cents, they should be three cents, two cents. There are ways
of cutting your costs on the commission side that aren't being followed. Your
money manager fees are higher than they should be, without even looking at
yours, I could tell you that I suspect they are higher than they should be. Due
to pension consulting skimming, taxpayers are forced to contribute a lot more to
pension funds. The taxpayers in the City of Boynton Beach, they very likely
could be contributing more to this pension fund because the pension fund has
leaks. If you look at the cartoon that I passed out, it is from Pensions and
Investments, the current edition. It's a leaky bucket, and what's causing the
leak pension consultant conflicts of interest. These conflicts are real, they are
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
quantifiable, and they are pervasive throughout the State of Florida, and they are
costing the taxpayers hundreds of millions of dollars.
My final note here is, we will do an investigation for you; we will do a preliminary
review at no cost. There is no time commitment from your staff. All you have to
do is give us the documents. If there is any wrongdoing, if there are any hidden
fees, if there are any kickbacks, finder's fees on mutual fund trades, whatever,
we will recover them for you and be paid a percentage of the recovery; whatever
that might be. That would be something that we would discuss after we've done
our investigation if you want.
So in summary, there is noting to lose here. Your fiduciaries, you're on notice
from the Department of Labor and Securities Exchange Commission, these
conflicts are pervasive and they must be investigated. If I am wrong, what have
you lost nothing. I have wasted my time and none of your time has been
wasted. If I am right, you have done your fiduciary duty, and the monies that
the taxpayers in this town are putting into this pension fund will be recovered.
As we said in Lake Worth, and I am going to say it here again, Merrill Lynch
should welcome this investigation. The best thing that could happen, given the
articles in Dow Jones and elsewhere about Merrill and the other brokers in this
State, would be to have an investigation done and have me turn up nothing. I
can't conceive of a reason to oppose this investigation. That is my case that I
have stated before you, if you have any questions, I would be happy to answer
them.
Jim McIntyre:
What is the percentage?
Edward Siedle: The percentage would drift down from 30%. A maximum of
30% depending on how much money, to possibly 15%. That would be
negotiated with you. The initial step would be to simply do the investigation.
There would be no contract related to the investigation. Simply give me the
books. I could get the books from you now, under the Freedom Information Act
of this State, and do my investigation and present it to you. I am not going to
do that because I am not going to invest my time unless you are invested in it
with me - unless you care, and unless if I find something you are going to do
something about it. But there doesn't need to be any contract initially, just give
me the documents, give me your Board approval to do the investigation. Then
we'll present the findings, say here is what we think the damages are and we
could negotiate a recovery agreement.
Kurt Bressner: How long does it normally take you to conclude a review?
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
Edward Siedle: The initial review could be completed within a month. It
largely depends on how expeditiously you get me the documents. If you give
me the documents today, we could probably have it done in two weeks. That
seldom happens.
Kurt Bressner: Typically what documents do you require to conduct your
review?
Edward Siedle: Typically what we require is a copy of the contract that you
have with Merrill Lynch and any other subsequent contracts. The initial contract
and any other subsequent contracts, your quarterly performance reviews
prepared by Merrill Lynch, and that at the outset is pretty much all we need. We
may need custody records, but initially it's just the contracts and the quarterly
reports. The contracts and the quarterly reports would tell us a lot that we need
to know.
Kurt Bressner: Any other questions from members of the Board? Okay,
thank you. Mr. Robins, and then Mr. Siedle if you would like to comment
following Mr. Robins' presentation, that would be fine.
Edward Siedle: Thank you.
Richard Robins: Thank you, I am Richard Robins with Sutherland Asville and
Brannon in Atlanta, Georgia and I appreciate you accommodating my schedule.
I do represent Merrill Lynch and our law firm represents Merrill Lynch in Georgia
and in Florida. We do not welcome any investigation by Mr. Siedle. Mr. Siedle
has already tried and convicted Merrill Lynch of wrongdoing publicly and then
now he comes in and says; now that I have convicted Merrill Lynch, let me do
the trial. We are offended by that concept. Mr. Siedle just got through saying if
you care you will hire me. What he essentially is saying is, if you don't hire me,
it shows you don't care. You aren't doing your fiduciary duty. We find that
offensive as well. This idea of an investigation that he could get from public
records, I am confused, because the December 15, 2004 Boynton Times, Mr.
Siedle was quoted at length, and it said "the City's pension is one of about a
dozen local pensions recently reviewed by the Benchmark Companies". He is
reporting back in December that he reviewed your records. So I don't
understand why he can't come in here and offer you any evidence of wrongdoing
by Merrill Lynch at all. And you did not hear and will not hear any evidence of
wrongdoing because there is none.
What is the plan? Well what he does is he deals with the press and gets a story
on a public pension, people trying to do their job, and put them on the
defensive, suggesting that if they don't hire him they are doing something
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
wrong. What does he say about Merrill Lynch, and this is before he has done
any investigation, and I am reading the Boynton article, quotes from him, "The
artful way these consultants have of hiding poor performance, fraudulent
practices, City Auditors might not know about. These financial consultants are
not working for the best interest of their clients. They are giving advice that is
corrupted by conflicts of interest. Kickbacks are part of the problem." That's
what Mr. Siedle said before he's done any investigation. It is no wonder we
don't want to have anything to do with him.
In terms of what we welcome, we do welcome answering the questions. The
SEC has come up with questions that they suggest fiduciaries respond to. We
have no problem on that. I have done so in writing. Merrill Lynch has done so
in writing. We have told you we do not engage in the types of practices he is
alleging that somebody may have engaged in somewhere from Guam to
Bermuda, but not here. If your counselor your financial consultants wish to ask
us further questions, or wish to talk to us and review our books, we have no
problem with that. What we have a problem with is dealing with somebody who
has accused us of fraud, kickbacks, etc, etc, and not have a bit of evidence to
offer.
Mr. Siedle referred to his track record; well let me tell you his track record. In
Lake Worth, we had not one but we had two meetings. He and I were both at
the first meeting and had the opportunity to speak. The second meeting, we
were invited again. I showed up, Merrill Lynch is committed to it - it stands
behind what it has performed. Mr. Siedle wasn't there. Lake Worth decided not
to have anything to do with Mr. Siedle. The Chicago Teachers' Fund is another
one where he made an unsolicited offer to investigate, and they said no. As far
as we know, no pension plan in Florida has retained him to investigate Merrill
Lynch. In fact, this is the only second plan I am aware of that has allowed him
to make a presentation. He mentioned that he was retained by City of Delray
Beach, well that's an interesting one, you might comment on this; Merrill Lynch
doesn't do any work with Delray Beach - that was Smith Barney, it wasn't Merrill
Lynch. And my understanding is that after receiving Mr. Siedle's report, the City
of Delray Beach did not find it particularly useful and went no further. But that
didn't involve Merrill Lynch and no one has retained Mr. Siedle for this
investigation.
As I said, we have no problem with any inquiries you wish to make, you have
very good counsel, you have very good financial advisors. And, we will answer
any questions you have. We have stated in writing unequivocally, that we have
not engaged in the kind of conduct Mr. Siedle alleges. What we do have a
problem with is being involved in any investigation by somebody who has
accused us of these terrible misdeeds without any support whatsoever. So we
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
would respectfully request that you not retain Mr. Siedle. There is nothing to
keep him from looking at your public records and coming in here with hard
concrete evidence as opposed to just innuendo. Nothing preventing him from
doing that. And we are happy to cooperate with you directly with your counsel
or anyone else who is truly independent and unbiased. Are there any questions?
Kurt Bressner: Any questions from members of the Board? Okay, thank
you Mr. Robins.
Richard Robins: Thank you.
Kurt Bressner: Mr. Siedle.
Edward Siedle: I find it ironic that the United States Senate Banking
Committee asked me to testify about wrongdoing in the mutual fund industry
since I am such a gad fly that doesn't know what he is talking about. I also find
it ironic that the Louisiana House of Representatives Retirement Committee
asked me to testify about pension consultant conflicts of interest and enacted the
first law to require consultants in the State to disclose conflicts of interest.
Again, apparently I know nothing about what I am talking about.
Let's talk about my track record. The investigations I undertook in Nashville, in
Chattanooga, were of UBS, not Merrill Lynch. The investigation that this little
man has mischaracterized which is continuing in Delray at the request of the City
of Delray, you could call Chief Bill Adams there and ask him himself; is of Smith
Barney. My comments in the press regarding Boynton Beach were not
necessarily directed at Merrill Lynch. You have Smith Barney in this City too. I
am not out on any campaign against Merrill Lynch. What I am seeking to do is
to get attention drawn to the significant harm being caused by pension
consultant conflicts of interest. These conflicts that I am alleging here are in the
SEe's report. The SEC came to us, to my firm, to me, for gUidance on how to
approach the industry. Do they do that regularly? I don't think so. It's an
extreme honor to me, to be asked by the Department of Labor and the SEC to
provide guidance on those matters.
As far as a second meeting in Lake Worth, my office is in Lake Worth, I was
never advised of any second meeting in Lake Worth to attend. But I would love
to see any evidence that I was. Again, that is just a flat lie. Had I been invited
to go there, obviously I would have gone there.
So once again, the investigation that we do will be correct based upon the facts.
I have no interest in going after Merrill Lynch any more than I did with UBS or
Smith Barney or in the case of Chicago Teachers; we are talking about Mercer, a
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Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
unit of Marsh. It doesn't matter to me who the identity of the consultant is;
what matters to me is that pension funds stop being harmed by hidden financial
arrangements. Thank you.
Kurt Bressner: Thank you. Okay, I basically heard three proposals today.
The first proposal is the proposal that was presented to us by Mr. Siedle, offering
his services to review our pension fund money manager's performance as well as
to review the documents. The second offer was that in conjunction with recently
received guidelines from the SEC that were dated June 1, 2005, that Merrill
Lynch would respond to the elements of this newly released check list. And the
third option is the do nothing option, and to basically not proceed with either of
the first two options, and either await the results of other inquires or stand pat
with our current situation. So as I see it, those are the three alternatives that
potentially this Board has to consider.
Carisse LeJeune: Excuse Mr. Chairman, may I ask a question of Mr. Bill
Mummert, our Finance Director, who is in the audience.
Kurt Bressner: Sure, Mr. Mummert, come on up to the podium.
Carisse LeJeune: Mr. Mummert, who audits our pension funds for the City?
Bill Mummert: The General Employee Fund is part of the City's audit, which
is done by Caler, Donten and Levine. The other two funds are audited by firms
separate from Caler, Donten. There are auditors that are hired by the separate
pension funds.
Carisse LeJeune: Would they or have they found the type of practices that Mr.
Siedle is referring to, as far as conflict of interest and all the other items that he
has referred to.
Bill Mummert: To the best of my knowledge, no. To be honest with you
though, I am not sure about the depths of the audit procedures that they would
apply when they do their audits. I can't really speak on their behalf as far as
how greatly they delve into them. But as far as I know, there have been no
management letter comments specifically related to the performances of Merrill
Lynch.
Carisse LeJeune: And as a Finance Director Sir, do you have confidence in the
auditors that the City has hired?
Bill Mummert:
Oh, absolutely.
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3, 2005
Carisse LeJeune: Thank you sir.
Jim MacIntyre: Would it be possible to ask them what depth they do
investigate our pension funds to see if they do cover this type of situation.
Would they uncover this if it was there?
Bill Mummert: I can certainly check with Caler, Donten and Levine because
we've just completed the audit for September, 2004. I am not even sure who
the auditors are that represent the other two pension funds. We do have their
financial statements, so I can certainly based on the financial statements, get in
contact with those particular firms, and ask them that question if that is the
direction of the Board.
Jim MacIntyre: Well I believe if they aren't doing that, then they aren't
doing their job. That would be a part of an audit right, to find out if there are
any improper practices going on in the pension. That is why we would have an
audit, and pay for one.
Bill Mummert: Once again, I would have to clarify with them the depths of
exactly what they are doing. Are they mainly, you know they are doing a
financial audit. So what they're trying to do is justify the numbers that are being
reported in the financial statement. As far as taking a look at the performance of
Merrill Lynch, once again I am not sure. I think there are probably taking a look
at the investment statements, they are trying to determine if the earnings that
are being derived seem to be sufficient based on the funds that are available. If
the fund was constantly losing money in a market that was on the upward
swing, they may raise an issue about it. But I think really they are looking at
internal controls and they are really just auditing the financial statements. They
are auditing the numbers.
Kurt Bressner: Their responsibility is to really look at the financials, and not
necessarily the performance. But as Mr. Mummert indicated, my experience has
been that in any fund if there is anything that seems to be out of sync with
normal, the auditors do bring it to our attention, whether it is a fund balance that
is diminishing to a dangerous level. In my experience, I have seen a pension
audit where there were some investment issues that they just brought it to the
attention that the investment earnings seemed to be low, but that was really an
atypical comment for an audit from our financial audit. It is not their purview or
their domain, nor do I believe that they look at the contract that we have with
the money managers as part of their responsibility. Any other questions of the
Board?
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Verbatim Transcript
Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3,2005
Okay, there are three options basically that I have offered to you just as a way
to facilitate the conversation here, and there is a fourth option here. Well the
fourth option would be to table the item, so that would be similar to the do
nothing option I suspect. But nevertheless, that is always the option as well. In
line with Jim's comments about the audit, are you satisfied as far as, do you feel
you need any information from the auditors, or Carisse, from the auditors
relative to having them review this matter further?
Carisse LeJeune: The auditors that we now employ to do our general pension
fund audit, would they be qualified to do that type of review, or is that beyond
their purview?
Bill Mummert: Once again, I would have to check with them. My guess is
that it is probably outside their scope.
Kurt Bressner: You would need to come up to the microphone again. For
the record, you need to come up to the microphone, Bill. Start over please.
Bill Mummert: They are really just conducting, as I said before, they're
conducting an audit of the financial statements. It is up to them to issue an
opinion on those statements, and make sure that those numbers are accurate.
As far as getting into an audit of the investment advisors of the fund, I would
have to check with them and see if that is part of, or if that is an audit that they
would be willing to do, or have done in the past. I don't think, once again, that
it is part of their normal scope of a financial audit. I can easily check with Caler,
Donten and Levine who have just completed our audit, and my guess is if either
something that they normally do, then it's something that the other auditors
normally do as well, who are handling the other two funds.
Kurt Bressner: That emerges as option two and a half.
Carisse LeJeune: Well as a trustee, I would be satisfied for Mr. Mummert to
check and see if our auditors do that type of review. Also, given the new
information from the SEC, which Merrill Lynch said that they would be happy to
answer these questions. If they do answer these in entirety, in a written
document, lawfully signed, I would like to review that document before I make
any decision on whether or not to hire Mr. Siedle.
Kurt Bressner: Okay, is that in the form of a motion?
Carisse LeJeune: I would be happy to make a motion. I would like to make a
motion for Merrill Lynch to provide us in writing lawfully signed by an executive
of their company, to answer these questions of the Security Exchange
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Board of Trustees Employees' Pension Plan
Boynton Beach, Florida
June 3,2005
Commission that we have been given today; and to table making any type of
decision on Mr. Siedle's proposal until we have an opportunity to review that
document.
Kurt Bressner: Okay, is there a second to that motion?
Jim MacIntyre: I second that motion.
Kurt Bressner: Okay, any further questions on the item before us? Is there
any interest, and just for purposes of discussion, is there interest in having our
auditors involved with any of this at this point?
Carisse LeJeune: Just for Mr. Mummert to informally check with auditors to
see if they do that type.
Kurt Bressner: Okay.
Julie Klahr: One thing I would like to advise the Board is to the extent that you
either retain the services of this auditor to conduct a further review if they are
not already doing it, or any other auditor, or to have anybody else investigate,
you would still need to go out through the RP process or a RQ process, a biding
procurement process, rather than just hiring anyone individual. You currently
have a relationship with an auditor that you could extend the contract if they
chose, or indicated that they are not currently conducting such an audit, but
indicated that they could. If you wanted to extend that contract in some
fashion, you could because you currently have that relationship. But anything
other than that, you would need to go through a proper procurement process.
Carisse LeJeune: That's very good advice, thank you very much Julie.
Kurt Bressner: Okay there is a motion and a second on the floor. Any other
questions on the matter? All those in favor, aye. Opposed, none. Okay that is
the way we would precede at this point. Thank you very much.
Respectfully submitted,
(jrK(G~/~
Catherine Wharton
(Recording Secretary)
June 8, 2005
12
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VERBATIM TRANSCRIPT FROM THE REGULAR CITY COMMISSION
MEETING HELD IN THE COMMISSION CHAMBERS ON TUESDAY,
JUNE 3, 2003, RE: THE NEW ALLIANCE HAITIAN CHURCH
REQUESTED BY CITY MANAGER BRESSNER
0.1. New Alliance Haitian Church (NWSP 01-008), Hoadley
Road (east end) - Request for site plan approval for a one-
story (240 seat) church on a 1.9-acre parcel
Mayor Broening announced that there were approximately 28 cards with names
of people wishing to speak on this item. He requested that only those with new
information speak regarding this item.
Mike Rumpf, Planning & Zoning Director gave an overview of the request from
Alfred Daise with Daise Management Corporation, to construct a one-story, five
thousand one hundred and forty six square foot church with two hundred and
forty seats and a vacant 1.9 acre parcel which is located at the Southern
terminus of Hoadley Road. Mr. Rumpf stated in just a moment he would have
an overlay for the Board. The project proposes the following:
· The new church has constructed, which is basic five thousand one
hundred and forty six square foot building, including a sanctuary, office
space, ancillary rooms, and classroom space.
· Also included are the minimum required sixty three parking spaces,
perimeter and parking area landscaping to comply with Code when all
conditions are met.
· The structure is a one-story building with an overall height of twenty-
three feet four inches, which is underneath the maximum allowed in the
zoning district.
· Appearance wise it is going to be white, with asphalt shingles trimmed in
white.
· No wall or monument signage proposed at this time.
Mr. Rumpf informed the Board that the Planning & Development Board reviewed
this immediately following the Commission's original review, made a
recommendation of approval including an additional condition of approval that
recommended the City pay for the road improvements required for the project.
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
Mr. Rumpf stated everyone will recall that due to uncertainty at that time, and
the lack of details and the minimum road plans to do such review, that the
Commission directed this back to the Planning and Development Board to re-
review the project with more detail or almost construction drawings of the road
to determine its actual impact, and reconsider that as part of the reconsideration
of the project. Mr. Rumpf went on to say that the Planning & Development
Board held that review, and again makes a recommendation to approve the
project with a modification to their recommendation, regarding providing the
road improvements by the City, to basically share those improvements. That
condition is written in the staff report. Mr. Rumpf informed the Board that was
the conclusion of his presentation at that time.
Alfred Daise, developer for the church, had no new information to provide.
He felt there was no need for him to say anything. All of this was heard before
the gentlemen that were present. He said if there were any questions they may
have; they could direct them toward the Board. Mr. Daise stated this was not
something they came up with at the spur of the moment. It was thought about,
it was reviewed, they looked at the drawings, they looked at the plans, they
heard from staff and they also listened to him. He reiterated there was nothing
new that anyone can add to this and as far as the church was concerned, for the
people that were going to speak for the church, no one was going to speak for
the church because there was nothing new that they can add other than they
want the church. Mr. Daise said he would hope that they would hold the same
thing for the other people that are in opposition of this and let the Board make a
decision.
Mayor Broening said he would attempt to analyze the situation to stimulate some
discussion before they decide what to do with all the cards. Seems that under
the law, as has been presented because of the zoning, the owners of the
property have a right to build a church there. On the other hand, there is a
question whether the other residents of the city should pay for improvements
that belong to the church itself; that are directed to the church itself. He stated
he had not heard a number on what that would cost the citizens of Boynton
Beach. He questioned if it was reasonable and fair for the City to pay for road
improvements. The Planning & Development Board by a majority vote agreed
that the City should pay for a portion of the road up to the property line. Mayor
Broening stated he thought the community had to address that issue. He
questioned if it was the right thing to expect all of the citizens of the city to
participate in that cost. The other item, which is not for debate in his view, was
the right of the owners of that property to develop it as a church. If it is
anything else other than a church, there are conditions associated with that, but
it is his understanding there are no conditions. He stated he looked at the
minutes of previous meetings and the minutes of the Planning & Development
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
Board and he thought they had been repeated statements that there was no
other ancillary use anticipated for the church other than a church. In other
words daycare and other uses which would make it a conditional use did not
apply in that case.
Mr. Daise agreed with Mayor Broening that daycare and other uses, which would
make it a conditional use, did not apply in the case. He said to Mr. Broening he
wanted to refresh his memory, that the staff had also stated they were going to
improve Hoadley Road anyway, at some future date.
Mayor Broening stated they would get around to that; but he was not sure that
was accurate either, and whether staff could make a representation like that. He
said only the Commission can obligate funds, so whether they did or didn't is
moot. He reiterated the Commission would have to authorize any expenditure of
funds. He questioned if there was any information anyone in the room had to
offer, that differed from what he said.
Jeff Livergood, Director of Public Works, pointed out that initially when they were
with the Commission last year, they were contemplating the project based upon
plans that were very inferior. One of the things they needed as an engineering
staff, and as a professional engineering staff, was to better exhibit a planned
document that they could better determine what the impacts would be on the
neighborhood and so they could determine what roadway improvements would
be necessary from a minimum prospective, in order to support the additional
traffic volume generated by the church on Hoadley Road. In particular, they
were evaluating Hoadley Road from a point south of Velaire. This particular
portion of roadway is not of a standard width. Typically for residential streets
they try to look at twenty-two feet as a standard width. They recognize, as an
engineering staff in this particular project, to fit a twenty-two foot wide roadway
within a thirty-foot right-of-way is going to be extremely difficult. He stated that
standards are just that - they are standards. They are not laws. In all cases
standards can be deviated from either greater or lesser and in this particular
scenario, they would ask the developer to evaluate a roadway improvement that
would approximate twenty feet in width. The roadway in general, now varies in
width on an average fourteen to fifteen feet; so they are looking for an average
of about a five-foot widening that will vary in certain locations.
Mr. Livergood said when they looked at the thirty-foot right-of-way; they realized
the existing roadway meanders a bit. Ideally with any new roadway, it would be
linear in alignment. Most roadways within the city are on the centerline of the
right-of-way. Within the city, most right-of-ways in residential areas are going to
approach sixty or seventy feet in width. He pointed out that on this particular
street they are dealing with thirty feet, which means they have a very small
3
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
width in which to place a lot of infrastructure. That is not to say that they can't
do it, but it is not the same as every street in the city.
Mr. Livergood pointed out on the plans which areas would be Velaire and
Hoadley. He stated the existing roadway is approximately twenty feet wide in
the first portion of Hoadley Road. In the other portion, the right- of-way is fifty
feet wide. As proposed from what you can see on the plans, the right-of-way in
the vicinity of the three residential properties narrows to thirty feet in width,
which means they have to place their twenty foot wide roadway within that thirty
foot area. The existing roadway alignment meanders on a linear centerline as
well as the edge of the pavement moves around a bit. The proposal is to place a
twenty-foot wide roadway that will be linear within the right-of-way. Mr.
Livergood stated the developer has proposed placing the easterly edge of the
roadway adjacent to the private parcels. The edge of the roadway will be
approximately two and a half feet from the easterly right-of-way line. In a
number of homes there are small fences, which approximate the right-of-way
line. The edge of the roadway would be two and a half feet from that property
line.
Mr. Livergood said they purposely did that to leave seven and a half feet on the
west right-of-way, because it is on the west right-of-way that they have a
masonry wall on the property line, and sea grapes and trees. They have done as
much as they can to maintain those amenities because they recognize the wall
and the landscaping provides a visual barrier to the residential properties to the
commercial properties to the west. So therefore, they have relocated or tried to
align the roadway as much as practical towards the east in order to minimize the
impacts. Anytime you do that, it is a balancing act, because the farther you
move it to the east, the closer the edge of the roadway is to the residential
properties and to some people that is undesirable. But yet, the farther you move
the roadway to the west, you have shifted it closer to the masonry wall, and the
simple construction of the roadway widening would damage the root structure of
the sea grapes and there is the potential that you could lose the visual barrier.
The roadways to the east sit closer to homes and if the roadway is to the west,
you can potentially impact and damage the visual barrier, which serves as
somewhat of a buffer to residential properties and to commercial. They believe
it is a good compromise in aligning the roadway as they have done. They
believe a twenty-foot wide roadway would accommodate the traffic that will be
generated by the church. However, there are seven trees that were in the public
right-of-way, which were planted by the shopping center that would have to be
removed. The simple fact of excavation would directly destroy some of the trees
themselves as well, and damage the root structure to the point it is not practical
to save those trees. There is one power pole that needs to be relocated to the
easterly property line that is fairly simple to do. Mailboxes should not be an
4
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
issue, but the developer would be required to relocate if necessary and to meet
all U.S. postal standards. He thought those were the bulk of the physical
impacts on the thirty-foot wide public right-of-way. Staff has run a cost estimate
and prices for projects like this are going to vary, because if you build it into a
much larger project, the unit prices would be better. Staff believes that given
the type of design the church has given, that on a high end, the construction
costs should be somewhere in the range of $12,000 to $15,000. He stated they
would like to think the bids would come in the range of $8,000 to $10,000, but
to be safe they might be looking at $12,000 to $15,000. That price includes the
cost of the tree removals and any minor parkway restoration.
Alfred Daise stated for the church's side, they will have one person speak and
that will be the pastor of the church because he wants to talk.
Lucy Baker-Dickey, Coral Court, stated she was a neighbor. She lived there
long enough to know that Old Boynton is a very dangerous street. She said she
was not an expert but she has seen and heard the crashes and she is sure they
could find out how many cars have crashed there at her corner, and also the
entrance to Venetian Isle - the street further north that is closer to Hoadley
Road. She is very in favor of the Haitians to have their church and she thought
they had a right to have a church anywhere that is permitted and the land is
available. She did not think any of them were against that, but they are
concerned about the safety, the size of Hoadley Road, and the number of
accidents on Old Boynton. She stated they asked for a traffic light at their
corner, and they were told no or to count how many accidents actually occurred.
Furthermore, she has lived for twenty-one years in the Caribbean, and she
knows the Haitian people very well. She is quite fond of them and they have
either worked for her or worked with her and she has gone to Haitian churches
in the Caribbean. She knows they meet every night, and sing boisterously and
she believes they would have a sound emanating from the happy church. She
was concerned their property values would be affected by the sounds that are
coming from the church. Houses on her street are $350,000 and $250,000 and
she did not think it would remain the same.
Kirk Orlovsky, stated he wrote a letter to the Commission regarding Hoadley
Road. The letter addressed the road issues like drainage, road width, landscape
buffers to the shopping center, and pedestrian traffic. He included the
prospective project users of Hoadley Road with his comments. He stated the
urgency to address all issues with Hoadley Road now. He provided a plan to
address all issues in a Commission meeting. It seemed the only consideration
affected was the road width; which by the way is narrower than the stated
minimum norms. He stated he would be interested in hearing how everyone
involved benefits from what is being proposed. It is no secret the right-of-way is
5
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
ten to twenty to thirty feet narrower than ordinary. That is why extraordinary
engineering is necessary. He informed everyone present he was a state certified
billing contractor for thirteen years. He stated his plan, which was left
untouched, the landscaping currently in place, to shield everyone from the
shopping center. That landscaping was required in its current configuration for
the completion of the shopping center when it was built. He questioned why
they were eliminating it now. His plan provided twenty-three feet of roadway,
which is the City's accepted width. His plan provided a sidewalk for safe passage
of pedestrians - he did not hear anything about pedestrians. His plan provided
for drainage, which was something, they admitted was problematic right now.
There was a reference made to address the drainage at previous commission
meetings. He inquired when they could expect that. He stated the only thing he
saw happening, only benefits one property owner, and it has a detrimental affect
to the remaining property owners. His comments were for everyone, not just
one person. Mr. Orlofsky said his house is directly to the North of the church
property and on the proposed plan there are twenty parking spaces pointed
toward his house, which means forty headlights. They discussed the hedge
material at the top of the north berm, which runs east and west on the property.
He asked if he could get on record an agreement that the hedge material would
be planted on the top of the berm, instead of the way it reads now on the
drawing on the property line, where there is no consideration for maintenance of
it. He would appreciate that being addressed before anything was finalized. He
stated it was a specific maybe selfish issue he had, but there are twenty parking
spaces pointing directly at his house and he would like the hedge on top of the
berm. That would really go a long way at stopping headlights on his house at
night.
Anne Smith, 4 Velaire Drive, stated she lived there for twenty-eight years.
She said Mr. Livergood had mentioned the trees by the Winn-Dixie shopping
center would have to be removed. Years ago, if you look at the plans for Winn
Dixie, there were supposed to be fifty trees on the east side of that shopping
center. The City Council on November 6th sent back the item to the Planning &
Development Board to address all issues relating to Hoadley Road with the slope,
the right-of-way, the landscaping and the drainage. Again, Planning &
Development did not the job and wants the City to pay for the roadway. She
stated that Jeff Livergood, in his October 2002 memo, said the City of Boynton
Beach as is common in other cities throughout the country, has always required
developers to fund and place necessary improvements to support the private
developments rather than rely on public tax dollars. City Council also said the
developers are responsible for roads and infrastructure. The April 15th memo
from the Senior Engineer stated:
"the applicant is prepared to construct the road improvements".
6
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
Ms. Smith felt that no one seems to know what to do and she thought the
Planning & Development Board had made up their mind it was coming to the
Council meeting; and they were not prepared to hear everyone. She stated they
all had opinions on how it was going to affect the neighborhood. She had not
figured out who in the City knew anything about impact. Ms. Smith stated the
head of the Engineering Department said she did not know the impact of the
neighborhood. The Planning & Development Board's duties and powers include
being in harmony and compatible with the present and future developments.
She recalled a day there was a fire truck and ambulance in the neighborhood
and going down their roadway you could hardly get by. If one of the people in
the neighborhood had to get out, there was no way out. There is not enough
room; there is just one way in and one way out. She hoped they would all
picture themselves living in that neighborhood - when they vote. She has put
every penny in her house, working for the City for twenty-five years and never
taking a vacation, to put additions on her house and anyone coming into the
neighborhood and seeing the traffic and congestion won't want to buy a house
there. She had pictures to show what impact it would have.
Ted Lewis, 17 Velaire, stated he lived three houses off of Hoadley Road. He
had been listening, and realistically if you are saying a two hundred and forty
seat church could have sixty three parking spaces, if you do the math you know
there will be parking problems. The issue he had was one of his neighbors took
sick and he would say as a witness that the fire truck came, and he wished the
driver was there so he could tell everyone present how he got out of Hoadley
Road. It was impossible - he backed up three times to get the fire truck out. As
the fire truck sat there in front of his house, and in front of Anne Smith's house;
they were both trapped inside their homes. That was a fire truck and an
ambulance. Now there are going to have cars parked on Velaire Road in front of
his house, which he does not think is acceptable because two hundred and forty
people at a church service, and sixty three parking spaces - do the math, where
do you expect them to park. They are not going to park in Winn-Dixie and walk;
they will park on Hoadley Road and Velaire Road.
Kathy Silverio, 10 Velaire Drive, stated she was glad all the church members
were finally there because she wanted to meet and see them. One of the things
she wanted to bring up was they agree as the Mayor stated that they are not
against the church. But as their representatives, they must take into account,
the impact the church will have on their neighborhood of only two streets.
Hoadley Road is a dead end road as everyone is aware. It has been an
eighteen-foot road and at points only twelve feet wide for over thirty years. The
only reason the road upgrade is being addressed now is because of the church.
It is currently a suitable access for three families it serves. If the City pays for
the road upgrade, it will be based on one reason only - the New Alliance Haitian
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
Church. Paying for the road will set a precedent for all the developers to request
money for road upgrades they currently pay for. She questioned if the City of
Boynton Beach has the money to pay for these upgrades, while their taxes go
up. Hoadley is unique because it is a dead end road. No other church in
Boynton Beach is built on a dead end road. Hoadley being a dead end causes
unique problems. There is only one way in and one way out. She asked
everyone present to imagine a minimum of sixty-three vehicles lined up to get in
and out of these two roads, blocking all right-of-ways for their neighbors. It
states in the redevelopment master plan, one of the negative impacts of
churches is the parking violation. She questioned who would be responsible for
the neighborhood when those safety issues occur. She questioned why the City
was approving development, when they know those issues will occur. Placing
the church on Hoadley Road will not be for the common good. The impact of
the church will be injurious to their community. She reiterated the City of
Boynton Beach should not pay for the upgrade of Hoadley Road, based solely on
one reason only, which was the New Alliance Haitian Church.
Rod Silverio, 10 Velaire Drive, stated the issue and concern of the
neighborhood is traffic. When they first heard about the church, they thought it
was going to be a small church. But when it was publicized that it was going to
be a two hundred and forty seat church, and the Pastor was quoted in the
newspaper saying there would be daycare and youth activities, they did some
research. On the website of the New Alliance Haitian Church, they do intend to
have some of these activities, and they even quoted there would be a cafeteria
in this church. Mr. Silverio stated they are worried about the traffic because it is
a very narrow road. Yes, they can build it to code to make it fit, but they are
worried about their neighborhood. That road is a dead end road with a wall at
one side, and it is very difficult; and now they are adding more traffic. They
asked for an impact plan on this project and Planning and Development said they
did not have one. Traffic on Old Boynton Road was not considered for impact.
If there are two cars turning into any of the side streets on Old Boynton Road, it
will back up traffic, and that is what would happen. Because now you have
approximately sixty cars coming into the little street - they are not just going to
use Hoadley, they will use Velaire. They did ask the Planning and Development
Committee to look into the impact of the traffic on the neighborhood, and they
did not. They only looked at the cost and what they could do to squeeze the
code to make it fit. He asked the Commission to please consider their
neighborhood, that it is a nice quite neighborhood.
Neil Kilburn, 19 Velaire Drive, stated his house borders Velaire Drive and
Hoadley Road. He said he would not live there anymore when there are going to
be sixty cars passing by his house on Sunday or any other morning or evening,
8
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
they are sadly mistaken. He has enjoyed being a resident of Boynton Beach
since 1985.
William Petteruto, stated he would repeat what he said last week at the
Planning & Development Board. He believed if they pass the variance, the City
of Boynton Beach would be creating a very serious safety problem - not only for
the neighborhood but also for old Boynton Road. He wanted to mention that
Hoadley is a half block from Congress; where there is a light. He pointed out he
could not imagine people leaving church and stacking up at Congress where they
cannot put another light. That is going to be a big factor. There are going to be
many accidents on Congress, with people trying to pass through on Sunday, and
these people coming out of Hoadley and trying to make an impossible left turn.
He asked the Board to address the safety concerns as well as the peace and
quiet of the neighborhood.
Mike Fitzpatrick, 175 SW 2nd Street, stated he does not agree with but is not
disputed the legality of churches in residential neighborhoods. His concerns are
the fairness issues. When he finished building his house last year, he included
approximately twelve hundred dollars in improvements on City right-of-ways,
swales and sidewalks. It was his obligation to pay for that. It is a fair set up.
Those who benefit or those who cause a problem pay to fix it. There is now a
group who want to become a part of their community but unlike everyone else in
the past, they want a hand out. He asked the Commission to follow the staff
recommendations and say no to paying for any improvements to Hoadley Road.
He stated it is not like C.R.A. money, as a church they will never pay money in
taxes. Paying for this precedent jeopardizes millions in future improvements.
This precedent will earn developmental lawyers big fees as they widen this
loophole.
Eric Peterson, 430 Hoadley Road, stated one of the big questions is the
impact to the neighborhood. As the citizens of the neighborhood, it would be
best they answer that question because they live there and will be the ones who
have to deal with it on a daily basis. They feel it would be a negative impact.
They purchased homes in Hoadley Road with the understanding it was an
eighteen-foot wide road, a substandard non-conforming road, and a substandard
non-conforming residential area. This is a very unique situation that does not
exist anywhere else in Boynton Beach. The proposed road the City would like to
put in is only for the benefit of the church. The road would ruin the integrity of
the neighborhood. It would be a negative impact. They want to take from both
sides of the road. They want to shorten his next door neighbor's driveway, take
out the planting and trees in front of his house, move his mailboxes, take out his
sprinkler system. They also want to move telephone and power poles. They
want to remove all the trees on the west side of the street and destroy the
9
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
integrity of that neighborhood for the benefit of one person. He understands the
City of Boynton Beach is governed by home rule, which states that it demands
the participation of the citizens of each community, and those citizens should
come forward with accurate and unbiased information free on innuendo. Mr.
Peterson said their property values would be destroyed, their quality of life would
be destroyed and if the Board votes in favor of the church they are voting
against the citizens of the community who have come forth and spoken their
mind and told them the needs and visions for their community.
Gene Sang, 1 Velaire Drive, stated he lives on the corner of Hoadley Road
and Velaire Road. He wanted to address the statement Mr. Daise gave at the
Planning & Development Board meeting that someone was trying to deny his
legal right to develop the property. He said that was not the case, and never
was, he felt they bought it legally and had the right to develop it. However, he
had a problem with how they wanted to develop the property because it was
going to cause a negative effect on their neighborhood. Mr. Sang felt they also
had legal rights, and pointed out that he was in the process of doing
improvements, and he would hate to see all the improvements he did go for
nothing. He hoped the church could find a more suitable area to build and
wished them luck.
Bill Newsome, 1254 Gondola Court, said he would be directly affected since
the new church will be less than fifty feet behind his house. He was concerned
about the safety and noise issues.
Reverend Dieugrand Jacques, pastor for the church spoke on behalf of the
church. He stated that over three years ago, the New Alliance Church bought a
piece of land on Hoadley Road. The church is seven years old and they have
been renting, and because of the growth of the church, it was becoming a
problem for the person they rent from and they are in need to leave that place
and go to their own. They also bought the land over there, because they like it.
They feel it is a safe neighborhood and they have children whom they care about
who are going to be safe and would not be too close to the street. He also
pointed out they purchased that land because City officials gave them a letter
and said the place is good and suitable for a church. He said Haitian people are
ordinary, nice people and they are not selfish - they like to share. Their place is
called the New Alliance Haitian Church, but he would like to correct that. It is
the New Alliance Church of America. He cannot carry it to Haiti. Their church
will be the community's church. It is the church of America; it is the church of
the City of Boynton Beach. They are just not building a church over there for
Haitians, they are building a church over there for everyone who wants to be
saved and free from drugs. They want to have a church there to help their Code
Enforcement Officers to protect and serve. They want to serve the people there.
10
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
They have a large Haitian community, and they need a place to educate them,
and teach them. Despite all the ugly words read from newspapers or that he has
heard, yes it hurttheir feelings and yes they know what to say to answer back to
them but he said it was not necessary. Despite of everything, Mr. Jacques
stated they still love everyone and they will be the nicest neighbors and will
prove them wrong for everything they think about them.
Alfred Daise, stated he is not Haitian, he is African American. He has been
offended in the room, after listening to some people speak, but he was not going
to go there. What he wanted to talk about was that they have been down that
road before. It is not new territory they are exploring, the Commission has been
there and Mr. Weiland was there, other gentlemen have been there. He felt
tonight was the night the Commission needed to make a decision. He had heard
a lot of talk of how it was going to impact their community. Everyone present is
a resident of the City of Boynton; regardless of what side they are sitting.
Somehow, one side wants you look at their point of view more than the other
side. Mr. Daise thought as one gentleman said, that justice would prevail. He
was sure the church would be more than cordial and more than welcoming with
open arms. Mr. Daise was sure that after a few of them see this may not have
been the best forum - the best forum could have been to come talk to them,
that a lot of their issues could have been resolved. He pointed out some of them
do have legitimate gripes but not with the church but with the church members.
As he stated earlier, the Planning & Development Board heard everything at
length. The people who wanted to speak had nothing to add, they just wanted
to gripe. The Planning & Development Board did not want to hear that - they
wanted to hear facts. They had the facts, and made a decision overwhelmingly.
Tina Smith, 15 Velaire Drive, said she heard everyone say how offended they
have been by comments made by the neighborhood. She stated they are
offended also. On every occasion, they have been called racist - which could not
be further from the truth. She went out and took pictures of parking problems in
churches they already have in the City. North East 11th Avenue is a sub-standard
road and there were cars parked in people's front yards. She informed the
attendees she works for the City of Boynton Beach and drives a truck on call.
She has had to go into these churches and request people move their vehicles,
so she could provide City services. She is not saying they cannot have a church,
she was just asking they consider the residents and traffic problems they already
face. The newest one is Old Boynton Road and Lawrence; they are parking in
front of a fire hydrant, and in the right-of-way for the turnaround for the fire
trucks, and also in the swales. This is a new church and those are their
concerns. They are not horrible rotten people who do not want them to have
their church but rather they do not want them destroying their neighborhood.
They have had issues where fire trucks have been on Hoadley Road and have
11
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
had to back all the way out. She asked the Board to please think of them a bit,
before they make a decision that will impact all of them.
Commissioner McCray stated one thing they all agree on is the right for them to
build. He referred to the staff report dated May 15, 2003, and said the traffic
analysis read that in 2001 a traffic impact statement for the project was
submitted and sent to the Palm Beach County traffic division, for their review
and approval. The Palm Beach County Traffic Division determined the project
would generate less than two hundred new daily trips and therefore meets the
traffic performance standards of Palm Beach County. He stated the
recommendation from their staff read that the technical review committee has
reviewed the request for new site plan approval and staff recommends approval
contingent upon all comments indicated in Exhibit C conditions of approval. The
new technical review committee recommended the deficiencies identified in that
exhibit be corrected on the set of plans submitted for building permits. Also in
additional conditions recommended by the Board, the City Commission should be
documenting accordingly and the conditions of approval with respect to costs of
offsite improvements, it is standard procedure to require such impacts to be the
responsibility of the respected owner, developer. Staff researched that the cost
of improvements should be borne by the developer and not paid for by the City.
Past examples are numerous but recently have included projects such as Quatum
Parks, Charter School, Lowes and Villa de Sol. He thanked the Minister who
spoke on behalf of the Haitian Alliance Church for his comments.
Commissioner Weiland stated that although they all may know what the Planning
& Development Board's vote may have been, they have not read the minutes
about this particular project, from the Planning & Development Board's meeting
from the previous week. He pointed out they do use the Planning &
Development Board as a guideline. One of his main concerns was the safety and
well being of any citizen living in that neighborhood, as well as anyone driving in
or away from the church. That would be with reducing the standard size of the
road to twenty or eighteen feet. He asked Chief Bingham the width of a fire
truck or a vehicle rescue truck. He was concerned if there is a twenty or
eighteen-foot road and a fire apparatus or a paramedic truck was going down
one side of the road and an average car being about eight feet, are they going to
be able to fit past each other, without having a problem.
William Bingham, Fire Chief, stated he could not say what the width dimensions
of the rescue truck and fire engine would be, but certainly if they were passing
side by side there may be some concern. He knew this was one of the issues
the Fire Marshall looked at when reviewing the plans. He stated he would
certainly look into it.
12
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
Commissioner Weiland pointed out the issue was something they should know.
He was concerned the City would be liable if they approve something tonight and
it was not practical for two vehicles to travel side by side, and there is an
accident. He did not think they should approve something that is not practical.
Mr. Bingham stated the life safety code addresses these issues and he just went
through the process prior to going to Planning & Development. Their Fire Plans
Examiner and their Fire Engineer would have had an opportunity to review that
but he would have to find out with what detail.
Commissioner Weiland reiterated he was just concerned for safety and wanted to
be sure it was done the proper way. He remembered at one point in time that
property was brought before the City to do multi-family. The zoning was not
permitted because it was not considered compatible. If multi-family is too
intensive or intrusive, he would have to think the traffic this is going to generate
would probably be just as bad as multi-family. The zoning guidelines for
Boynton Beach assumes there is a generous access to and from the property and
with the substandard road, he cannot see it as being generous access. He said
someone mentioned nothing was said about drainage and he would like to point
on that a couple of different places. He stated he was under the assumption
there was going to be some type of swale constructed on the left side of the
road, and that was why the road was being pushed to the east side. In doing
so, he wondered if the existing elevations of the homes on Hoadley Road are
being taken into consideration with the drainage. He felt that the seven trees
would need to be replanted. They can put sixty-three cars in a parking lot and
that is fine. If they have seventy-five and they are parking on the street, then it
becomes police enforcement to make sure signs are erected and these cars are
not parked on the street. He pointed out that from living in his neighborhood,
which is in the south end of the City, they do not enforce on street parking
because he has to go around vehicles that are parked in the middle of one lane,
and it is dangerous. He certainly thinks that is a matter which needs to be
addressed in the future. One of his concerns was the quality of the road they
would build for $12,000. He pointed out they were talking about a sub-standard
road in size and then $12,000 to $15,000 and said for $12,000 they are not
getting much of a road. He wanted to see it done so it protects the City and
they are not liable for anything. The Homeowners aren't going to lose their
driveways, or their landscaping, their buffer from the shopping center and
everyone can leave happy tonight.
Vice Mayor Ferguson felt the only issue tonight is to determine who was going to
pay for the south portion of the road. He did not believe the location was an
issue. He did not believe the traffic was an issue and stated there were no
comments from the Fire Department. He thought they should move ahead.
13
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
Commissioner McKoy felt the issue was traffic safety and they should come to a
conclusion as to how to make sure the road is operable and manageable for
anyone who uses it.
Mayor Broening thought everyone who had a chance to speak, eloquently stated
their views including his colleagues whom he thought were on point. The City
has an obligation to enforce its Ordinances and the Ordinance does allow a
church in an R-1-AA zoned area. The Planning & Development Board accurately
worked on that consideration. The area he does have concerns is the area of
the City residents paying for an improvement that should be paid for by the
applicant. He was also concerned by the fact that the City fell short of its
promise to provide the buffer on Hoadley Road between the shopping center and
the residences. He would like to see the City not pay for any improvements to
Hoadley Road. He stated he would like to see it re-engineered and would like to
see the City put the money they promised to put into improvements on Hoadley
Road which would shield the shopping center and provide an improved
appearance, improved safety and improved access to all properties on Hoadley
Road. The staff and County comments and the concurrency issues, which they
have to go by, are resolved. He thought the issue was who was going to pay for
the improvements and how the City would participate, and he thought he
outlined something which would ameliorate the situation for both parties. Mayor
Broening stated he heard it said that someone promised that the City would do
the improvements. He thought the improvements they should provide would be
the ones they should have done years ago; if that is true, and re-engineer the
road, take another look at it, do it right, and expect the developer to do it. He
stated staff is looking to do an adequate job, which meets the requirement for all
the considerations that were heard. He would like to see the site plan approved
on the property but to reserve the approval of the improvements to the road
leading into it as a condition of approving the site plan. Mayor Broening stated
he would look for a motion which reflects that somehow, that the City not pay
for the improvements but that the City pay for improvements that are of a
landscaping nature and have strong input into making that road safer and more
pleasant for existing residents and for the new residents.
Commissioner Weiland stated he did not know whether the City would be
responsible for that landscaping, because originally it was landscaping that the
shopping center was supposed to install as their buffer, and if they planted the
seven trees in the wrong location, the shopping center should be responsible to
relocate those trees.
Mayor Broening understood the Commissioner's point but felt it was a moral
obligation that the City did not follow through. He would be willing to donate
14
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The New Alliance Haitian Church
Regular City Commission Meeting
June 3, 2003
some of his discretionary funds to help that process through including the
building of the road, which he believed he could do legally, but stated he did not
have much money so don't count on a lot of money coming there, none of them
have much, but he thought there was room for agreements. He felt the best
agreement is one where both walk away feeling a bit cheated and that was the
best type of agreement they could come up with. Mayor Broening reiterated
they should approve the site plan on the property line, have the road be
conditionally approved based upon a re-Iook at it; perhaps re-engineering, and
the City at least participate in some extensive landscaping of the existing
roadway.
Commissioner Weiland stated he would like his concern addressed re-
engineering the road that would assure they would have a road where a safety
vehicle can pass side by side for safety concerns and insurance purposes.
Mr. Bingham, Fire Chief, apologized that he did not have an answer to that
question before, but stated the width of the vehicles; both the rescue units as
well as the fire engines is eight foot six inches. If you take into account the
mirror, which are quite large on those equipments, you need ten feet to clear.
They previously had some concern with the width of the road as well as with the
load bearing capacity of the road and throughout the process they were satisfied
with the engineering reports that were provided.
Alice Otis, 203 SW 13th Street, felt that even though the zoning allows the
church, it just tells them what is allowable but not always what is appropriate.
She thought in this case it is very difficult for small churches to find suitable
properties, but that is a remarkably unsuitable property. It was certainly going
to have a big impact on the neighborhood and as one person said if there could
be another location that would be the ideal solution.
Jim Cherof, City Attorney, thought the appropriate motion might be to approve
the application for site plan subject to the conditions of approval that are
contained in the agenda package with the following modifications:
. The Planning & Development comment nos. 15 & 16 be rejected.
. The Public Works comment no. 2 be modified to provide that the applicant
shall at its expense construct or reconstruct Hoadley Road from Velaire
Drive South, to meet safe and efficient construction standards established
by the City Engineer.
15
Verbatim
The New Alliance Haitian Church
Regular City Commission Meeting
June 3,2003
Motion
Commissioner Weiland moved to approve the motion suggested by the City
Attorney. Commissioner McCray seconded the motion that carried unanimously.
CY0-y-
\.JJ--~_o~
Transcribed by Catherine Wharton
Recording Secretary
(April 12, 2005)
16
Excerpt from City Commission Agenda Preview Meeting
Held on February 25, 2005
(Requested by William Bingham - Fire Chief)
I. OPENINGS:
D. Agenda Approval
1. Additions, Deletions, Corrections
Commissioner Ensler:
I'm not sure where it would be. I'd like to add an item to the agenda, not
necessarily for this one or later on. A future agenda is fine. The item is this.
Three years ago the staff did a study of zoning on South Congress and following
that zoning changes were made by the Commission. There was a part of the
study that staff said it never completed and that happens to have been in the
recent P&D minutes. I'll read that, "Staff had indicated there still is a need to
revisit new design standards appropriate for properties in the M-1 Zoning District
that front major corridors such as Congress Avenue." I would like to ask that be
put on the agenda at some point. I'm not sure when staff would be prepared to
discuss it. I'm not necessarily looking for an answer initially.
Mayor Taylor:
Why don't we add it to Future Agenda Items and let staff give us a date
when they could bring it back to us. Would that work for you?
Commissioner Ensler:
It does. What I wanted to do was initially try to expand that a little bit; not
just design standards, but also in my discussions in the past with Mr. Rumpf we
have discussed what is appropriate zoning of Congress Avenue, especially in
light of the fact we now have significant residential properties over there. Also to
ask staff how long it would take to complete this effort and during that period, as
we did three years ago, the Commission did three years ago, to put a moratorium
on any building or zoning changes or changes to the ordinances along that part
of Congress until staff completes its effort.
Mayor Taylor:
Why don't we, under Future Agenda Items, we'll put Item I, Zoning in M-1
District and then we can cover all those things you brought up.
Vice Mayor McCray:
Mayor, he said something about putting a future moratorium, what
happens to things already in the hopper. I'm just saying, you know, if we got
people that got things in the hopper and put on a moratorium.
'I
Attorney Cherof:
Our procedure is when you declare that you are going to have a study
period, we issue what is referred to as a Notice of Intent to Study and possibly
adopt zoning code changes. It only applies to properties that have not submitted
at that point in time. So anything that is in the hopper already gets continued to
be processed under existing zoning.
Commissioner Ensler:
So anything that is in the hopper is excluded from that study?
Attorney Cherof:
Yes, sir.
Commissioner Ensler:
Again it's specifically - I'm not sure there is any M-1 zoning on the major
roads other than Congress, so it may only be that part of Congress, the City
where Congress Avenue is.
Mayor Taylor:
Well, it covers, we said zoning in M-1 Districts so it would cover any M-1
District so they come back to us and let us know. Okay.
Excerpt from City Commission Meeting
Held on March 1, 2005
(Requested by William Bingham - Fire Chief)
X. FUTURE AGENDA ITEMS:
H. Zoning in M-l District (TBD)
Commissioner Ensler:
At the pre agenda meeting we discussed staff's comments about the need to
review standards for M-l Zoning on arterial roads in the M-l Zoning District. This was a
study that started, I guess, three years ago and we never really completed that part of
the study and staff has suggested we go forward with that. I support that
wholeheartedly. We also discussed having a moratorium during the study period and I
would like to request for the next meeting that staff prepare whatever documents are
needed to have that study done and a moratorium and at least by next meeting when
that study can be completed. The study should include architectural standards as you
said and uses. What concerns me is a comment made earlier today by Buck Buchanan
who talked about fear in Boynton Beach on zoning issues. I need to tell you at the
Planning and Development Board and four of us were at that Planning and Development
Board, when it came to a particular piece of property and how that could be used, the
presentation that was made by the applicant was, you know, if we don't do this, we can
put some really terrible things over there. That to me is not the way to do things, to
drive fear into people, but rather so to get people to do things the right way. I think
staff is more than capable of coming up with the right answers that will protect the local
residents especially those who are adjacent to the M-l Districts.
Vice Mayor McCray:
It was also stated, you know, in our pre agenda meeting that anything that is in
the hopper this would not effect this. I just want to make sure.
Attorney Cherof:
That's right, that would be provided - your procedure is set forth in the Code
right now to announce and get a moratorium started. It is referred to as a Notice of
Intent. We would do a resolution for the next agenda, but I do want to point out that
the agenda deadline, for the next Commission meeting has come and gone so I would
need direction from the Commission to disregard that deadline.
Commissioner Ensler:
That was my request that it be for the next meeting.
Mayor Taylor:
There has been a request that something be placed on the next meeting which is
beyond the deadline and the Commission has to agree to that.
Commissioner Ferguson:
Let's go to the second meeting in April. Why do we have to rush ahead with this
thing. The thing that is grandfathered in is going to be on the Agenda for April 5th
anyway.
Commissioner Ensler:
Let me ask that question of staff. Could you be prepared by the next meeting or
prefer the extra time.
Mike Rumpf:
I think it depends on the clarity of the directive tonight. The NOI itself states the
exact wording describing the planning study that will be conducted. It describes the
zoning districts or district to be affected and purposes. I'm taking notes as you speak,
but I think the more clearly it is. We have a template and I'll stand by the direction of
the City Attorney to make sure we follow the processes as the Code lays out. But, we
assist the City Attorney's office in writing that language. I'm hearing you state number
one, we should further review or implement or perhaps update the South Congress
Corridor study. Some things have transpired since that plan was originally, study was
originally completed and perhaps there is some update necessary in the
recommendations. Review for potential impact or protection necessary against adjacent
residences and that's warranted given the close proximity of our M-1 uses to single
family residential properties. Also look at architectural standards and appropriateness of
uses. I'm thinking out loud and summarizing at the same time.
Commissioner Ensler:
One question. I went up to your area, the Planning and Zoning Department
yesterday and I looked at the zoning map and I noticed there is also M-1 zoning along
Federal Highway. That may have been an old map. Has that M-1 zoning still there. It
was both north and south of Boynton Beach Boulevard along the railroad on the west
side of Federal Highway.
Mike Rumpf:
It should be west of the railroad tracks. It won't be along Federal Highway. If
you look at the colored JS map sometimes it's a little confusing. You can easily confuse
the FCC railroad and US 1, but it is west of the railroad.
Commissioner Ensler:
The reason I'm asking the question is I want to see if there are other areas of
the City. I didn't want to specifically having this being addressed only to south Congress
Avenue if there are other parts of the City and that is the lead I think you gave us,
Mayor Taylor, on that. What I'm looking for very simply is as you said the architectural
standards and uses along the artery, as simple as that. So we have the right things
being put along the major roads and they look right.
Mayor Taylor:
So the question is are you more comfortable on the first meeting in April or the
second meeting, would you be more comfortable in coming back with that information.
Commissioner Ensler:
Second meeting in March or the first meeting in April?
Mayor Taylor:
Would you rather it would be the first meeting in April in give you more time?
Mike Rumpf:
It would be the preference, yes.
Commissioner Ensler:
That is fine.
Attorney Cheraf:
That's fine. We know what we need to do.
VERBATIM EXCERPT FROM REGULAR CITY COMMISSION MEETING
OF FEBRUARY 15, 2005 OF VICE MAYOR McCRAY'S COMMENTS REGARDING
KURT BRESSNER
(Requested by Mayor Jerry Taylor)
Vice Mayor McCray: I do have one informational item and that is that I would like
to at least think that someone up here would, you know, Mr. Mayor, at least tell the
citizens of Boynton, you know, right now how our City Manager is doing; but I would just
like to say to them that on February the ih at 8:30 that morning, Mr. Bressner did call
me and we had a long conversation. Mr. Bressner called me in tears. Mr. Bressner was
very apologetic and I thought that for a man of his stature to call me and apologize and
say that, you know things that I have said, that I was not wrong, and he asked me if I
would accept his humblest apology. Being the individual that I am, I will accept Mr.
Bressner's humblest apology and he said that he was going to step back to the plate
and make sure that District 2, along with the rest of the City of Boynton, that we are all
on the same page. I enjoy working with Mr. Bressner; I am not fighting against Mr.
Bressner; I am not fighting against anyone up here, but there were some things that just
had to be said and Mr. Bressner, when he called me, he did agree and he kept crying. I
told him to stop crying and he would not stop crying. I apologized as well. He and I will
be back on the same page. Hopefully when he do return that we will help move the City
of Boynton forward, sir.
Mayor Taylor: Under the City Manager report, I think our Acting City Manager is
going to give us an update, which I think would be some positive news. We will wait for
that.
Vice Mayor McCray:
Thank you.
Transcribed by:
l-~A, A~~
Barbara M. Madden
Recording Secretary
(February 16, 2005)
S:\CC\WP\MINUTES\COMM\Year 2005\Vice Mayor McCray excerpt 021505.doc
VERBATIM TRANSCRIPT REQUEST BY CITY MANAGER BRESSNER
AUGUST 3, 2004 CITY COMMISSION MEETING)
REQUESTED BY CITY MANAGER BRESSNER
H. Approval of the final adoption of the City of Boynton Beach Community
Development Block Grant One-Year Consolidated Action Plan
(PROPOSED RESOLUTION NO. R04-132)
Mayor Taylor: What do we have as far as the domestic abuse that was talked about?
Ms. Sherrod: There is no other agency that provides that service, but it was staff's
contention that it was an organization that receives funding from other sources. The
monies that we normally give them could be obtained from other funding sources. We
have never given them an overabundance of a lot of money, and we did not fund them
at all last year. We knew what we needed to do to move our programs forward that was
a sacrifice that was...
Mayor Taylor: That seems like the numbers that you told us tonight...
Ms. Sherrod: In view of her application and the statistics that she brought, she
talked about 18% of the calls from here, but the program that she is looking to fund, the
$21,000 is 31% of the program. Those numbers don't match and it is a countywide
program, so why should we pay 31 % of a program that is countywide?
Mayor Taylor: Okay, thank you.
Commissioner McKoy: Mr. Mayor, I have a couple of questions. Two of the
applicants that were not funded talked about, I guess, a response for not being funded
being that their major support comes from other sources. Explain that to me and exactly
how that comes into play?
Ms. Sherrod: How does major funding coming from other sources come into play?
Commissioner McKoy: The two applicants who were not awarded funds mentioned
that one of the items mentioned for their not receiving funds indicated something to the
degree of and we would have to have the Clerk read it back, but they stated that one of
the reasons they did not receive funds had to do with major support coming from other
sources.
Ms. Sherrod: We figure that the lack of financial support from us would not hinder them
from carrying their program forward.
Commissioner McKoy: I don't understand that.
Verbatim Transcript
CCBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
Quintus Greene: Commissioner, if I may, Quintus Greene, Development Director. In
the memorandum dated July 16th to the City Manager, we outlined our rationale for
recommending funding for some organizations and not others. We recommended that
the applicants be divided into three groups and we recommended funding for the first
two groups and not for the third. As we indicated, as far as not recommending funding
for the third group, the criteria was that either they represented new funding or
organizations that had previously not been sub-recipients, a renewal of funding at a
relatively low level, and that's relative, for organizations that receive their major financial
support from other sources, or an organization that provides a service that the City
currently receives from another agency. In group three, the amounts are $5,000 and
that was basically after making an adjustment and looking at all of the requests.
Basically, given the $5,000 level and use the Urban League as an example, they get a
significant amount of money from other agencies and it was our determination that
given some of the other needs that existed in the community that if we did not give the
Urban League $5,000, it would probably be helpful to them, but it would not be a critical
factor in their overall program. Similarly, with the Aid to Victims of Domestic Abuse, the
representative has indicated that she receives $40,000 from Boca; $117,000 from the
County; $20,000 from Delray, and we did not feel that our $5,000 was going to be a
critical factor in the program. I hope that answers your questions.
Commissioner McKoy: Okay, those figures that you mention, what portion of that
does it make up the funds for that particular agency?
Mr. Greene: The $5,000?
Commissioner McKoy: You just gave some numbers; some figures.
Ms. Sherrod: What is the question?
Commissioner McKoy: The question is the figures that were just presented, what
percentage of those funds make up funding for that particular agency that you were
referring to?
Ms. Sherrod: Their overall budget is $188,000.
Mr. Greene: It would be $5,000 into $188,000. That would give you a percentage. It is
going to be a fractional percentage.
Mr. Bressner: One other thing while you are calculating that, what was their initial
request? I know the $5,000 was...
Commissioner McKoy: I am talking about the $21,000.
Ms. Sherrod: Their original request was for $21,000.
Mr. Greene: We should point out that all of the requests total would exceed the
available resources. Obviously, we had to make some decision. These are judgment
2
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
calls and there is no question about that. We don't deny that. We made the best
judgment calls we could and brought forward the recommendation to you. Obviously, if
you decide to change that, that is fine.
Commissioner McKoy: My only concern is that, particularly with the A VDA, I think it
was mentioned that we have nothing to address those services and that is the only
agency in the City that address those types of services. Is that what was mentioned
earlier?
Ms. Sherrod: Yes.
Commissioner McCray: Excuse me, we may not have an agency, but Chief, don't we
have somebody on staff that does domestic for individuals that come to the Police
Department? There was an article in The Palm Beach Post about a lady.
Mayor Taylor: While he is coming up, let me just ask you, if we wanted to give any of
these agencies some money, we would have to take it from one of these others, right?
That's the only place it would come from?
Mr. Greene: We have a universe of $636,000.
Mayor Taylor: In order to give them anything would be to move it from somewhere
else.
Mr. Greene: Yes.
Mr. Bressner: In that regard, you could move it from some of the projects or items
listed below the sub-grantees.
Commissioner McKoy: Could it be removed from the sub-grantees or those below
that?
Mr. Bressner: Yes.
Commissioner McKoy: Anywhere within the $636,000, it could come from?
Mr. Bressner: Yes.
Ms. Sherrod: Keep in mind that there are thresholds and both of these organizations
are considered public services and we cannot exceed our 15% allowance on what we
give public service organizations.
Mr. Bressner: That's by HUD Rule?
Ms. Sherrod: That is the regulation.
3
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
Mr. Bressner: What does 15%, or 15% of what number--of the $636,000?
Ms. Sherrod: 15% of the $636,000, but we need to keep in mind that we are
anticipating to service our anticipated debt for our 108 loan, which is going to exceed
$227,000.
Commissioner McKoy: Let me ask this question. Of the two organizations that
receive the highest funding, what percentage of funding for the total year for that
agency?
Commissioner McKoy: What is the percentage?
Ms. Sherrod: I don't have that number here with me.
Commissioner McKoy: I need to get that information.
Ms. Sherrod: I don't have those numbers with me.
Commissioner McKoy: I would need that information before I could move forward
with this.
Ms. Sherrod: This Commission does not meet again prior to this application deadline.
The application is due to HUD on August 15th. This is the meeting where you make your
changes and approve the budget.
Vice Mayor Ferguson: I would like to know how much each of these groups asked for
at the beginning.
Ms. Sherrod: It's in the backup.
Commissioner McKoy: I don't see it.
Vice Mayor Ferguson: I don't have the backup then.
Commissioner McCray: The Faith Based CDC asked for $60,000. That is what they
first requested and it was cut by $10,000.
Ms. Sherrod: It is in the backup.
Mayor Taylor: On the 4th page is what they requested.
(It was not discernible whether or not these figures were included in the Exhibit by the
Commission)
Mr. Bressner: That number is basically the first cut that the Committee made, so
they did some adjustments based on the available funding as they reviewed the
4
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
applications. If you want to take a break for a few minutes, I will ask staff to go over to
the Department and pull copies of the original request.
Vice Mayor Ferguson: I think we need to do that.
Mayor Taylor:
Mayor Taylor:
Declared a recess for 10 minutes at 8:34 p.m.
Resumed the meeting at 8:43 p.m.
Mr. Bressner: Before we get into that, Commissioner McCray had a specific
question concerning the staff resources available for domestic abuse and a quick
description of what that program is and what type of services that are provided in-house
I think would be helpful. Could we get to that first?
Chief Gage: Marshall Gage, Chief of Police. We have a Victim Advocate, who we hired
under a grant program that is probably one of the best in the State. I know that she has
been touted throughout the County as the example to follow for other agencies to
pattern their programs after. We have a staff member, but we don't have any resources,
and she relies upon a lot of the agencies that are out there providing programs such as
what is being presented here tonight. I would tell you that I was approached today by
staff with a request to endorse the A VDA Program if it becomes available. If there is any
funding for this program, this program in the past, and the staff from this program, have
been very helpful in providing assistance to the victims that have come to our attention.
The figures that are brought to your attention tonight for Boynton Beach are a direct
result of pro-active work on the part of our staff to deal with these problems; the
domestic problems before they become homicides. There are too many domestic
problems that do become homicides. While I can't tell you where you can find the
money, if you could find any money for A VDA, I do know that in the past they have been
of tremendous value to our support and we only have a staff member to give referrals
and find resources for the victims. We don't actually provide any other resources for our
victims. We are relying on these other agencies in the County.
Mayor Taylor:
Thank you.
Mr. Bressner: Can I ask the Chief a question before he goes back regarding
funding? Are Drug Forfeiture Funds an allowable use for this type of activity?
Chief Gage: I think on a one-time basis, they mrght be available. For an ongoing basis,
no sir.
Mr. Bressner:
Okay, thank you.
Mayor Taylor: Let me offer a suggestion for the Commission to consider in trying
to move this along and this is so late in the game and really need to move this to meet a
deadline. Unfortunately, I would offer for your consideration that we take $15,000 from
the Heart of Boynton Phase 1, which is the debt service money, but I think there is
some play there and while this would not be a cure all, I think it would at least show our
5
Verbatim Transcript
CCBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
intent. Of that $15,000, give $5,000 to the Urban League and $10,000 to AVDA. That
would be my suggestion.
Commissioner McCray: Mr. Mayor, if I may, we just said $5,000 to the Urban League
and it was just stated by staff and that is that we have something in place in house. The
Urban League is already receiving money from Palm Beach County taxpayers and I
think that is like double dipping. I am in favor of the $15,000, but I am not in favor of
$5,000 going to the urban League.
Mayor Taylor:
Your proposal would be to give the total $15,000 to AVDA.
Commissioner McCray: Yes sir.
Mayor Taylor:
How do the other Commissioners feel about that?
Commissioner McKoy: How much again did the A VDA ask for?
Ms. Sherrod:
They asked for $21,000.
Mayor Taylor:
proposal.
We would give them $15,000 if we go with Commissioner McCray's
Commissioner McCray: Before we make any other comments, I would like to say to
those individuals that served to bring these funding back to us, the volunteers, I want to
personally thank them for a job well done. I also want to say there was an article in The
Palm Beach Post and it had our Director, Mrs. Sherrod. It had her painted like she was
a bad person and it was almost like she was before the Ethics Committee and they had
to prove that she did nothing wrong. I would like to thank our City Manager and I would
like for it to be part of the record that came out in the Saturday, July 31, 2004
newspaper and it came out under Letters to the Editor and it said "Article on Boynton
Grant's Chief Unfair Attack on Good Service." This should be part of the records and
Mr. Bressner I would like to thank you for being a Manager that stands up for the
employees here in the City. Thank you sir. (Presented to Recording Secretary for
inclusion with the records of the meeting.)
Mayor Taylor:
Thank you. What are the Commission's desires? A motion?
Commissioner McKoy: I am kind of leaning towards being able to fund both these
programs that we are talking about here- $5,000 for the Urban League and $10,000
towards A VDA.
Mayor Taylor: Let me ask a question again from Octavia. You said that that we do
that in-house and if we have to send them to an outside agency there is a cost
involved?
6
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
Ms. Sherrod: No, there is no cost. Our efforts were to save the money to make
sure that we could move forward with our redevelopment program. As far as homebuyer
counseling is concerned, we do have other avenues for that and no one charges.
Mayor Taylor:
The Urban League does not charge if you refer someone to them?
Ms. Sherrod: No, they do not charge. The funding that they are looking for is to
pay salaries for a staff person that is located in their office in Delray.
Mayor Taylor: What I am hearing here is I have at least two Commissioners that
want to give $15,000 to the domestic violence program and I have one would like to
give $5,000 and $10,000.
Mayor Taylor: Commissioner Ensler where do you stand? I am trying to get a
consensus here.
Commissioner Ensler: I haven't decided yet.
Vice Mayor Ferguson: I am on the $5,000 and $10,000 too.
Commissioner Ensler: I would like to ask the question again to make sure I
understand it, why the recommendation not to give $5,000 to the Urban League.
Ms. Sherrod: Because it is a duplication of services that we are doing here.
Commissioner Ensler: If there is a duplication of services, why would we recommend
giving them $5,OOO?
Mr. Bressner: In the opinion of City staff it is a duplication of services.
Ms. Sherrod: The kind of work that they do, there is always a need for it. It would
not go without any warrant, but in a pinch we could cover it, but it is a viable program.
The Community Improvement Department is a social service agency in the City and we
do a lot of counseling and referrals ourselves. The service that the Urban League
provides insofar as foreclosure prevention and things of that nature, Palm Beach
County Housing and Community Development Commission on Affordable Housing has
a foreclosure prevention program that we skip the red tape by sending them straight to
the County ourselves, rather than sending them to an agency. It cuts out another layer
of red tape.
Commissioner Ensler: Where is the greater need for this $5,000; the Urban League
or for AVDA?
Ms. Sherrod: Everybody's program is important. Victim's Advocacy is very
important. I am not going to make that decision for you.
7
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
Mayor Taylor: Let me interject here. Their decision was that there is a greater
need in the Heart of Boynton Phase 1 and did not think anyone of them was of greater
need. There are greater needs are here and they left both of those off.
Commissioner McCray: We are hearing from Chief and Chief stated that A VDA when
they refer individuals from the City of Boynton to A VDA and we have to find resources.
AVDA is already in place and my take that this is for abuse and I feel like the $15,000
could go better there. The $5,000 that we would be giving the Urban League, we are
duplicating services. We have already given them $145,500 of County tax dollars and
this is called duplication of services and I just can't do it.
Ms. Sherrod: The dollars that Palm Beach County Housing and Community
Development gives, they usually give to agencies who serve countywide and this
agency serves countywide.
Commissioner Ensler: To answer your question, my leaning would be to give the
$15,000 to AVDA as Commissioner McCray said.
Mayor Taylor: I think I go along with that also hearing what I hear now. I really believe
that domestic violence is one of the greatest things that face us today. It's every time
you pick up a paper. It is horrible and it leads to other crimes. I would go along with
Commissioner McCray's suggestion on that.
Commissioner McKoy: One of my primary concerns with this whole process is that I
feel that we should have a better distribution of the funds, especially on the top tier,
above the sub-grantees when we get our funds from the CDBG and one of the
questions that I asked earlier, I still need an answer to and that is to understand what is
meant by in the response that "major support comes from other sources" that being the
reason for not funding. I need to get an understanding of what that really means and if
that is any type of Federal mandate or the State government.
Ms. Sherrod: It is not a Federal mandate. My interpretation of it is that if we don't give
them $4,000 or $5,000, their doors don't close. They still are in a position to provide the
service.
Commissioner McKoy: I still need a clearer understanding. Perhaps now is not the
time, but I need some response to that to understand that better.
Commissioner McCray: Mr. Mayor - I would like to offer a motion that the Community
Improvement Division CDBG funds that we go by what staff has recommended and to
give $15,000 to AVDA.
Mayor Taylor: Coming from where?
Commissioner McCray: It would be coming out of the Heart of Boynton Phase 1 .
8
Verbatim Transcript
CDBG Item- City Commission Meeting of August 3, 2004
Boynton Beach, Florida
Mayor Taylor: I have a motion to that effect. Do I have a second?
Vice Mayor Ferguson: Second
Mayor Taylor: All in favor, aye. The motion passes.
Mr. Goren: Mayor, for the record do you want me to read the Resolution title into
record and incorporate the changes made by the Commission by motion.
Mayor Taylor: Thank you. I appreciate that.
Mr. Goren: Read Resolution R04-132 by title only.
Transcribed by:
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Barbara M. Madden
Recording Secretary
(August 4,2004)
9
VERBATIM EXCERPT OF DOMINIC DESIDERIO'S REMARKS DURING THE
PUBLIC AUDIENCE PORTION OF THE CITY COMMISSION MEETING, HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 6,2004
Good evening Commissioners. My name is Dom Desiderio, 2755 South Federal
Highway. I am here this evening because I see I am on the agenda this evening. Just to
bring you up to date, and I have said this...
Mayor Taylor: Sorry, I missed that. You say you are on the agenda.
Mr. Desiderio: Yes, well you are going to a closed meeting on my lawsuit on the fire
assessment. Okay. Also, you are going to go with preliminary and the assessment, the
rate on 7-20. I would like to ask two questions and hopefully you can answer me on 7-
20. If it is a true fire assessment and it is on the assessed value, if a home that is valued
at $500,000 assessed value pays $70 and a home that has an assessed value of
$50,000 pays $70. Now they both pay $70--it is not a true assessment. The law says
that it has to a benefit to property, so my question is which property benefits more-the
$500,000 property that's paying $70 or the $50,000 property that's paying $70.
My second question is I have a business. I am being charged 15¢ a square foot for my
business on the fire assessment. The Boynton Beach Mall is paying less than a penny a
square foot. I would like to know why, if the law says it has to be a fair apportionment,
why I am paying more than the Boynton Beach Mall. Those are the questions I would
like answered next week, 7-20 when you review the rate for the fire assessment.
Thank you very much.
Respectfully submitted,
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Barbara M. Madden
Recording Secretary
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VERBATIM EXCERPT FROM REGULAR CITY COMMISSION MEETING f"~;
OF APRIL 20, 2004
(Requested by Wilfred Hawkins)
Brian Edwards, 629 NE 9th Avenue - Up here representing PATCH, Planned Approach to
Community Health. Real quickly, we've been in existence for a little over 40 months and we get
to meet every Saturday and do some of the less glamorous things in our community. We were
formed by a joint meeting between the City Commission and the Community Relations Board.
We were going to ask the Community Relations Board last month to form a special meeting
with the Commission, CRA, Community Relations Board to let us come and do a presentation
because we believe we were in partnership with the City to, at some point in time, create a
Wellness Center somewhere in the Heart of Boynton based on two things - the problems we
had over 40 months ago with Health & Human Social Service related issues and again during
the Heart of Boynton neighborhood meetings where that was the number one issue and
continued to be when we did all the little pie charts on the wall and all those things.
We believe it is still an issue. You just did the Nurses' recognition week, which is awesome.
We are in partnership right now because of what the Commission did and I realize it was a
former Commission. But we kind of need to know. We are this close to getting our SOl(c)(3).
We are now incorporated. We're looking for a partnership for a place. It's a group of
volunteers. It's the FAU School of Nursing, it's the South University nurses and their students
that they bring every Saturday. It's Bethesda Hospital, it's just a group of volunteers that are
working together for the City of Boynton Beach. And what we're getting into, we're getting so
deep into this that it's come to the point where we need to know if the City Commission and
City staff is still committed with where we want to go with this thing called PATCH. We have
tried to do presentations. We've always made invitations to our meetings. We meet once a
month and have religiously every single month and every Saturday, thanks to Reverend
Cheney, we're at St. John's CDC doing the less glamorous things in Commissioner McCray's
district, AID's testing, mammograms, immunizations for folks who are a little less fortunate than
most of us in this room. So we kind of need to know which direction we need to take before
we make too big a commitment and start on a lot of grants, things of that nature or speak for
what we think is a partnership when we're really just a few, a group of volunteers out there on
our own. Why am I here, real quick. I'll just come to the point. The Community Relations
Board did not meet. We weren't able to request that special meeting and there were some
things happening with Bethesda Hospital with the trailer. I'm not real sure where that's going
right now. We'd just like to know some answers as soon as possible. Thank you very much.
Mayor Taylor - Where are you meeting now?
Mr. Edwards - Thanks to our president, Angela Girtman, she has been nice enough to allow us
to meet at the Treasure Chest. For about the last two years, we've been meeting there. And
then, of course, Saturdays' events take place at the CDC, which is soon to quit because of the
Charter School going in there.
Mayor Taylor - Thank you.
Mr. E.dwards -...Tha1;Y.,ou. .
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Bonnie Glinski
Deputy City Clerk
(04/21/04)
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VERBATIM EXCERPT FROM REGULAR CITY COMMISSION MEETING
OF FEBRUARY 17, 2004
(Requested by Vice Mayor Ferguson)
RE: B.l. Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008-1410-
04/00 to BANK OF AMERICA with an estimated annual expenditure of $24,588 (Proposed
Resolution No. 04-017) (TABLED ON 02/03/04)
Vice Mavor Ferauson - I would like to make a few comments about this. This award was
awarded to Bank of America. There were six different financial institutions that bid on this.
And the reason it was tabled last time was an objection from the Fidelity Federal Bank and
Trust. And I would like to make a few comments about the Fidelity Federal Bank and Trust.
When I was president of the Sterling Village Condominium Association a little less than three
years ago, we were engaged in a buyout of our land lease in the amount of $2.4M. And we
had a deal all set with Fidelity Federal Bank and Trust to finance that purchase and they came
up, literally at the last minute, and imposed some conditions which involved an unworkable and
unfeasible lock box thing where our 840 maintenance checks would go over to their bank. And
we were able to turn that around on a dime but I consider that very unethical. And I see that,
not on the agenda, but in the backup, there is a letter from the Manager stating that we are
using Fidelity for some of our deposits on the fire department assessment. And I would hope
that we would spend those up pretty fast and not use them again. Thank you, Mr. Mayor.
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Bonnie Glinski
Deputy City Clerk
(02/24/04)
S:\CC\WP\MINUTES\COMM\year 2004\Verbatim Excerpt - 02-17-04 - Fidelity Federal.doc