Minutes 06-06-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, JUNE 6, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Dr. Marshall Cook -- Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Reverend
Doctor Marshall Cook of the Boynton Beach Congregational Church and Mayor Taylor led the
Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McCray requested a discussion regarding the Code Compliance Board be added to
the agenda under New Business. Mayor Taylor directed it would be item B under New Business.
2. Adoption
Motion
Commissioner McCray made a motion to approve the agenda as amended. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ensler noted on August 4, 1981 the City established the first Community
Redevelopment Agency in the City of Boynton Beach. Ten or eleven years ago much planning and
effort had been expended to plan for the City of Boynton Beach and the Community
Redevelopment Area which is currently very evident with all the new development. He
commented the recent legislative actions have dealt a significant blow to the development plans
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for the Heart of Boynton. It has become obvious everyone does not agree with the direction and
plans for the Heart of Boynton creating a challenge for the Commission, various boards and staff.
He requested all people involved come together to create a new plan to bring the Heart of
Boynton back on track.
Commissioner McCray explained he lives in the Heart of Boynton and has firsthand knowledge of
the Heart of Boynton. He agreed with Commissioner Ensler it is an embarrassment that nothing
has been done in 25 years; however, he cautioned whatever is done should be done for the
betterment of the entire City. Commissioner McCray felt the action by the Governor was a plus for
District II and the City.
Mayor Taylor concurred with Commissioner Ensler's remarks. He expressed his concerns with the
Ocean One developers not having clear direction from the CRA Board. Mayor Taylor agreed with
the CRA's recent denial of the developer's request, but they did not give the developer any
direction of what would be acceptable. He suggested the board should be more proactive in
giving direction of their consensus on projects.
Mayor Taylor also indicated citizens had complained to him about the condition on the end of the
Promenade walkway including hooks and dead fish creating a safety and health hazard. He
proposed the walkway include a no fishing zone. Commissioner McCray suggested staff bring
something back to the Commission at the next meeting so it could be acted on quickly.
Mayor Taylor reported the dispute over the Boynton Beach High School sign had been resolved
between the parties and a sign will be erected as soon as the papers are completely signed.
Mayor Taylor also remarked the reforestation of the cemetery is taking place with 74 Royal Palms,
23 Crape Myrtle and 33 Magnolia trees. The magnolia trees are flowering trees that have never
been present before. His concern was no notice had been given and there was a missed
opportunity for positive public relations on the beautiful transformation of the Boynton Beach
Memorial Park.
Commissioner McCray thanked the City for the opportunity to attend the Interlocal Government
Conference in Dayton, Ohio. He commended Mr. Bressner for his service with the Interlocal
Government across the United States.
Commissioner McCray thanked Mr. Boateng and the Utilities Department for the recent brochure
mailed to the residents of the City. The entire Commission agreed the brochure was well done
and very informative.
Vice Mayor McKoy noted the school signs were activated at Poinciana Elementary School but were
not functioning properly. He noted there was another school on Lawrence Road where the signs
were not working correctly. Vice Mayor McKoy asked all the school signs be tested and restored
to fully operable before the next school year commences.
Mayor Taylor mentioned there appears to be some confusion created when speaking about the
emergency number 9-1-1. It is sometimes referred to as 9-11 and individuals have actually
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looked for the number 11 on their phones. Mayor Taylor cautioned any comments regarding the
emergency number should specifically refer to it as 9-1-1.
Commissioner McCray inquired if the reforestation of the cemetery created more grave space.
Jody Rivers, Parks Superintendent, responded the replat had added 350 more spaces. The
landscaping would not interfere with the replat spaces. Mayor Taylor understood a grant for the
trees had been obtained and Ms. Rivers confirmed a restoration grant from Palm Beach County
had been received to pay for most of the reforestation.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation by Becky Walker of the Palm Beach County Criminal Justice
Commission regarding youth violence program.
Becky Walker, Youth Violence Prevention Planning Coordinator, presented a slide
presentation along with Max Davis, Chair of the Criminal Justice Commission and the Steering
Committee for the Youth Violence Prevention Planning project. The Palm Beach County Board of
County Commissioners had asked the Commission to investigate youth violence; primarily shooting
between young people, and present a plan to reduce the violence.
First, the data was reviewed by Florida State University to establish the types of crimes, age of
offenders, crimes involving firearms and prior arrest records. She noted although the crime rate has
gone down, the number of crimes committed with firearms has risen. The most prevalent age group
for victims and offenders is the 20-24 age group. The Commission utilized the ages of 15-29 which
is growing at twice the rate of other age groups. Further study revealed the reasons for the increase
in violent crimes in the age group were poor academic achievement, lack of activities and job skills,
prevalence of drugs, guns and violence in the community. The data was mapped to ascertain the
clusters of data to determine the areas of need. Five areas were selected being Riviera Beach, north
end of West Palm Beach, Lake Worth, Boynton Beach and Belle Glade. The targeted area is west of
I-95, east to Dixie Highway and from Boynton Beach Boulevard north to 14th Avenue. The
resources in the areas were also investigated. A multi-prong approach was embraced including
education, employment with training, youth activities, and human services. Ms. Walker outlined the
proposed aspects of the program and the services to be made available in the geographic areas.
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The target sites would include two facilities; a youth empowerment center to include a teen center
and other services, and an adult justice service center, targeting youthful offenders coming out of
incarceration or on probation/parole. She indicated many agencies have already been contacted to
supply staff and programs to assist in the programs.
Mr. Davis explained the "kids hurting kids" initiative and reviewed the work in progress in the other
targeted areas. There has been an agreement with the County to provide shared funding with the
municipalities. Mr. Davis proposed a partnership agreement with the City.
Commissioner McCray asked for input from Chief Immler and the City Manager. Chief Immler
supported the program as did the Law Enforcement Planning Council consisting of all the police
chiefs in Palm Beach County. He contended anything along the lines of intervention and youth
programs would benefit all the citizens of Boynton Beach. Chief Immler stressed the crime problem
can only be solved by giving individuals the ability to better themselves. His current budget does not
include funds; however, the next year's budget would be evaluated.
Mr. Bressner required more specific information relating to the physical needs. Ms. Walker estimated
5,000 sf would be needed for the youth center and 3,500 sf for the adult center. She suggested an
existing building could be used and renovated as long as it is in the target area. Ms. Walker
emphasized a funding estimate would be needed from the City before the plan is submitted to the
County Commission on July 13th.
Mayor Taylor needed clarification on the need for both a youth program and an adult center. Ms.
Walker explained the concept included youthful offenders, 15 to 29 years of age. She explained
existing services would be brought into the community. Mayor Taylor felt it was difficult to make a
commitment at this juncture in the specified timeframe.
Vice Mayor McKoy added the County Commission was perhaps looking for the City to simply indicate
a desire to buy into the program. Mr. Davis contended many of the resources will simply need to be
placed into a facility within the target area. He did indicate a manager or director of the center
would be necessary. Commissioner McCray felt staff needed to review the program more fully and
Mr. Bressner requested more information from other centers elsewhere. Mayor Taylor concurred as
there were still many questions unanswered.
Motion
Vice Mayor McKoy moved to direct staff to review the program and propose a plan for the City's
participation. Commissioner Ensler seconded the motion. The motion passed unanimously.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Alfred Daise, developer and general contractor for the New Alliance Haitian Church, appeared to
discuss a memo that had been circulated within the Police Department referring to an incident at
the construction site. Mr. Daise contended he was intimidated by the officers conducting the
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investigation, as was the complainant involved in the original incident. He alleged the memo took
a personal approach to the situation at the church, was factually incorrect and a misuse of police
authority. Mr. Daise indicated the property itself and contractors have no police protection from
the residents who have sabotaged the project on a regular basis. He felt all property owners
should be treated equally.
Mayor Taylor advised the matter would be reviewed.
Sergot Mirtyl, spoke on behalf of Marie Germain, who resides at 1519 NE 1st Street and did
not speak English. She advised Marie had been cited for a Code violation on her property that
cost the owner $34,076.18. She outlined the events that had occurred resulting in the $34,076.18
lien on the property and requested reimbursement of the lien. She suggested the lien should
have been resolved between departments within the City, especially in light of Ms. Germain's
medical condition and expenses. Mr. Bressner and Mayor Taylor advised Code Compliance would
be contacted and the case reviewed. Vice Mayor McKoy commended Ms. Mirtyl on her
presentation and requested the communication issue be addressed by the City. Commissioner
McCray indicated he had been contacted by the parties and had turned the matter over to the City
Manager's office.
Herb Suss, 1711 Wood Fern Drive, reported the Golf Digest presented The Links of Boynton
Beach with a rating of four and a half stars. Mr. Suss presented Dan Hager with a Certificate of
the Appreciation for his efforts. Other certificates were given to Mr. Hager for distribution to other
staff members. Mr. Suss asked that Mr. Hager explain the high school program that has been
established at The Links.
Mr. Hager reported on the program with the autistic unit from, Park Vista Community High School.
Eight young men who learn life skills participate in the program four days a week during the
school year. Their labor is free of charge and a true blessing for the facility and staff. Awards
and recognition are presented to the young men at the end of each school year. Commissioner
McCray noted it was positive publiC relations for the City of Boynton Beach.
Sergio Casaine, 13 Meadows Park Lane, commented facilities are not available in Palm Beach
County for youthful offenders that have committed crimes and not been convicted, but unable to
return to their homes for safety reasons. He felt federal funds were available for rehabilitation
programs involving training. Mr. Casaine also expressed concern about the lack of protection for
the students of Boynton Beach High School when leaving the school and crossing traffic.
Rod Silvario, 10 Velaire Drive, defended the neighboring residents of the New Alliance Haitian
Church and allegations made by Mr. Daise. The neighborhood would like the Church and
construction company to work with the neighbors and build the church and road correctly. He
encouraged the Commission to investigate the site, neighborhood and the canal area to protect
their homes.
John McGovern, Spiceberry Lane in Quail Run, commended the City and County's efforts in
attempting to meet the needs for crime prevention. He also discussed the placement of 80 foot
power poles along West Woolbright and the debris left by the subcontractor at the staging area.
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Since the land used for the staging area is City owned, he questioned if the City was receiving
some type of income for its use and suggested those monies be used to cleanup the area.
Mayor Taylor noted that Florida Power & Light was responsible to restore the site to the condition
it was found or better.
Bob Brown, 701 S. Sea crest Boulevard, noted that 90% of the programs of the Criminal
Justice Commission project were unfunded at this time. A recent incident near his property
exemplified the restraint of officers during a traffic stop and commended Chief Immler's efforts.
He also noted the recent Water Department information revealed the water had a high level of
lead content while still within the normal range. Mr. Brown did not want to see taxes increase
while recognizing the need for improvements and felt the Commission should be thriftier.
Mayor Taylor added the taxes have not increased; however, land value has appreciated resulting
in increased tax bills.
No one else coming forward, Mayor Taylor closed the public audience.
v. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled
IV McKoy Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (2)
Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (2)
Mayor Taylor Arts Commission Alt 1 yr term to 4/07 Tabled
IV McKoy Arts Commission Alt 1 yr term to 4/07 Tabled (2)
Motion
Mayor Taylor moved to appoint Barbara Ready as an alternate member of the Arts Commission.
Commissioner Ferguson seconded the motion. The motion passed unanimously.
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled
III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled
II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Code Compliance Board Reg 3 yr term to 4/09
IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled
II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
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IV McKoy Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
Mayor Taylor Education Advisory Board Alt 2 yr term to 4/08 Tabled (2)
I Ensler Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
II McCray Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
III Ferguson Education Advisory Board Reg 2 yr term to 4/07 Tabled (2)
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Senior Advisory Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2)
Motion
Commissioner Ferguson moved to table all other appointments. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Special Commission Meeting -- May 5, 2006
2. Regular Commission Meeting -- May 16, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved
in the 2005-2006 Adopted Budget.
1. Approve the expenditure of $39,375 to Toward a More Perfect Union for
Cultural Competency Training for the Police Department. (Proposed
Resolution No. R06-100)
Commissioner McCray pulled item VI.B.1 for discussion.
2. Approve the piggyback of the Gwinnett County, Georgia contract #RP015-
0404 to AMEC Earth & Environmental, Inc. for professional services to supply
and support (1) GIS Internet/Intranet Data Browser System for the ITS
Department and (1) one Address Grid Layer System for the Development
Department. The total expenditure cost is $79,980.
Commissioner McCray pulled item VI.B.2 for discussion.
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3. Award the Bid for "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #033-
1411-06/JA to Community Asphalt Corp., of West Palm Beach, Florida, for an
estimated expenditure of $26,450.
Commissioner McCray pulled item VI.B.3 for discussion.
C. Resolutions:
1. Proposed Resolution No. R06-101 RE: Approving Task
Order U04-08-06 with Globaltech Engineering and the City of Boynton
Beach Utility Department to prepare an Emergency Spill Response Plan for
the wastewater conveyance system. The cost estimate is $31,630.
2. Proposed Resolution No. R06-102 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Anthony McCray for the property at 7927 Coral St. Lantana, FL.
(Tropical Terrace L T 186 & 187)
3. Proposed Resolution No. R06-103 RE: Approving and
authorizing execution of an Interlocal Agreement between the Palm Beach
County School District and the City of Boynton Beach for enhanced buffer
landscaping, lake plantings and fencing at Congress Community Middle
School reconstruction project.
Commissioner Ferguson pulled item VI.C.3 for discussion.
4.
Proposed Resolution No. R06-104
authorizing execution of agreements
Conservation Commission grant in
improvements at Boat Club Park.
RE: Adopting and
for the Florida Fish & Wildlife
the amount of $105,000 for
5. Proposed Resolution No. R06-10S RE: Approving the
proposal to conduct an American Assembly for the City of Boynton Beach,
submitted by the John Scott Dailey Florida Institute of Government at
Florida Atlantic University (IOG) and the Catanese Center for Urban and
Environmental Solutions (CUES) at an initial cost of $15,000 for conduct the
Assembly.
D. Approve the return of cash bond of $12,925 to D. R. Horton for the project known
as Serrano.
E. Authorize the Utilities Department to turn over $56,009.02 in unpaid Utility and Refuse
billings to the City's collection agency, and authorize the Finance Department to
reduce the Allowance for Uncollectible Account by the same amount.
F. Approve a new part time classification, Golf Cart Attendant, to replace vacant full time
Assistant Golf Professional positions with two (2) part time Golf Cart Attendants.
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G. (Intentionally left blank.)
H. Approve the "Surplus Vehicle/Equipment List" three (3) items as submitted by Public
Works/Fleet Maintenance and allow for the sale of same.
1. Approve the "ESTANCIA AT BOYNTON BEACH PUD" Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Survey & Mapper)
J. Approve negotiating a contract with each of the four (4) firms for the GPS ROAD
CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED ADDRESSING", RFQ
#041-221O-06/0D: DATA TRANSFER SOLUTIONS, DIGITAL DATA TECHNOLOGIES,
INC., GEOSPAN AND NATURAL RESOURCE CONSTUL TANT.
K. Authorize the use of $3,000 of Community Investment Funds to MDM Foundation
for trip to Orlando, FL, by Commissioner McCray.
Motion
Commissioner McCray moved to approve the consent agenda items with the exception of those
pulled for discussion. Vice Mayor McKoy seconded the motion. The motion passed unanimously.
V1.B.1.Approve the expenditure of $39,375 to Toward a More Perfect Union for Cultural
Competency Training for the Police Department. (Proposed Resolution No. R06-
100)
Commissioner McCray asked for further explanation for the benefit of the citizens.
Wilfred Hawkins, Assistant City Manager, explained the program is a highly sophisticated training
module on personal development and interaction of officers with all types of people. The program
has been proven successful in other cities and will fulfill the human relations training requirements
for the State Criminal Justice Commission. Mr. Hawkins added the program will be offered to all
employees of the Police Department and will roll out to other departments in the near future.
Motion
Commissioner McCray moved to approve item V1.B.1. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
V1.B.2 Approve the piggyback of the Gwinnett County, Georgia contract #RP015-0404 to
AMEC Earth & Environmental, Inc. for professional services to supply and support
(1) GIS Internet/Intranet Data Browser System for the ITS Department and (1) one
Address Grid Layer System for the Development Department. The total expenditure
cost is $79,980.
Commissioner McCray commented the City is very fortunate to have a GIS Department that is
leading the City in state-of-the-art technology.
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Motion
Commissioner McCray moved to approve item VLB.2. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VLB.3. Award the Bid for "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #033-1411-
06/JA to Community Asphalt Corp., of West Palm Beach, Florida, for an estimated
expenditure of $26,450.
Commissioner McCray requested staff explain the item for the benefit of the citizens.
Jeffrey Livergood, Director of Public Works and Engineering, explained the bid is for asphalt that the
Streets Division uses to patch roadways. The cost of the asphalt is $50 per ton and the cost of
travel for the trucks was also factored into the equation. Commissioner McCray requested an update
on the road work currently underway in the Ridgewood area. Mr. Livergood responded the
microsurfacing going on is another type of process. The bid covers bituminous asphalt that is used
to fill holes in the roads only and not resurfacing.
Motion
Commissioner McCray moved to approve item VLB.3. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VLC.3 Proposed Resolution No. R06-103 RE: Approving and authorizing
execution of an Interlocal Agreement between the Palm Beach County School District
and the City of Boynton Beach for enhanced buffer landscaping, lake plantings and
fencing at Congress Community Middle School reconstruction project.
Commissioner Ferguson felt the City's share of the cost being $143,000 was excessive. Mayor Taylor
commented the cost covered additional plantings that the school plan did not include. Mr. Bressner
noted the property is surrounded by residential land uses and added landscaping would enhance the
transition zone.
Mike Rumpf, Planning and Zoning Director, added the plantings related to school projects are very
simple due to limited dollars. Staff had been working with the School District to provide additional
perimeter fencing and buffering. Commissioner Ensler emphasized agreements had been made for
the City to utilize athletic facilities for City programs requiring additional fencing to accommodate
weekend uses. He felt the value of the agreement is significant and should be considered also. The
School District is responsible for the irrigation and future maintenance of the areas.
Mayor Taylor indicated he was in favor of all items with the exception of the $30,000 for wetland
landscaping. Mr. Rumpf advised the wetland plantings were part of an educational component on
site. Staff did not necessarily promote the wetland landscaping.
Commissioner McCray asserted the return on the investment was great and he supported the
additional funding. Mr. Bressner added staff supported the $30,000 for wetlands. Mr. Rumpf noted
there was a green initiative to include species for various educational purposes.
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Vice Mayor McKoy supported including the wetland area landscaping since it did contain an
educational component for students.
Randall Grandberry, Senior Planner for Palm Beach County School District, explained the wetland
area creates an outdoor classroom where students can learn the environmental aspects of wetlands.
Commissioner McCray commented the hands on approach is one of the best teachers.
Bob Brown, 702 S. Seacrest Boulevard, contended hands-on was not paying $30,000 to have
the wetlands installed. He asserted the next 10 years of children could plant the wetlands rather
than spending $30,000 at this time, and perhaps perpetuate an endangered species. Mr. Brown
recalled that Palm Beach County had a provision to plant 50% native Florida plants. He requested
the City support the planting of fruit trees for students to enjoy the fruit.
Commissioner McCray understood Mr. Brown's theory but also recognized the fact children use fruit
for destructive and mischievous purposes also. The school already provides meals for children who
are hungry. Commissioner McCray stressed the microscopic study of how things grow is as important
also.
Herb Suss, Wood Fern Drive, agreed with the plantings for wetlands and felt the Commission
should support the proposal.
Commissioner Ferguson contended if there is an educational purpose, the school board should pay
the cost. Commissioner McCray maintained the additional recreational uses for the City offset the
cost of the wetland plantings.
Motion
Commissioner Ferguson moved to approve Proposed Resolution R06-103. Vice Mayor McKoy
seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting)
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve settlement from continuing negotiations in the amount of $7,500 in the case
of Jeffrey Popoli v. City of Boynton Beach.
Motion
Commissioner Ferguson moved to approve item VILA. Commissioner McCray seconded the motion.
The motion passed unanimously.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
None
IX. CITY MANAGER'S REPORT:
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A. Stand-by Power Requirements
Mr. Bressner gave a recap of the legislative activity associated with HB 7121 providing for gas
stations in the State of Florida having standby power after a storm event. Essentially new gas
stations, after July 1, 2006, would be required to have a transfer switch for generators. As of
June 1, 2007 gas stations within 1/2 mile of a major highway or evacuation route must be pre-
wired with a transfer switch. This would include the Race Trac station on Woolbright and the Mobil
station on Gateway Boulevard. Further, corporations with more than 10 gas stations in a county
would be required to have one portable generator. The severity of storm damage would determine
the location and use of the portable generator. Mr. Bressner noted the State legislature had pre-
empted municipalities. Generators or an alternative power source for buildings with elevators
would be required for structures of 75 feet. This aspect would relate to the two Marina buildings
only.
Mr. Bressner updated the Commission on the status of the Publix grocery stores and their efforts
to provide standby power generators. The City has been fast tracking the permit process to
accommodate all the Publix stores in Boynton Beach. Information relating to Winn Dixie or
Albertson's was not available.
Mr. Bressner requested policy direction from the Commission regarding the extent of any
ordinance to be developed. He noted any requirements could not be enforced for the current
hurricane season. Commissioner Ferguson felt the State statute was sufficient for the season.
Commissioner Ensler questioned the need for pharmacies to be open also. Mr. Bressner related
the State statute did provide guidelines for pharmacies and medical practitioners to extend refills
on prescriptions during hurricane season. It was suggested the major drug chains, be contacted
and assistance offered in their efforts to obtain standby power.
Mayor Taylor noted there is personal responsibility to maintain a drug supply sufficient to endure
any power outages.
B. RFP for adaptive re-use of The Links at Boynton Beach and landfill.
Mr. Bressner requested additional discussion and a motion directing staff how to proceed. He
reported staff had been proceeding in a sequential manner by doing the study for the landfill
property then going out for an RFP on Phase I and then Phase II. Mr. Bressner acknowledged
there was also direction to proceed concurrently on the project. Another option would be to allow
a developer to do the environmental study; however, he cautioned the results of the study would
not be public record for any other use. Mr. Bressner added there was also an affordable housing
component in the plans.
Mr. Hawkins submitted the application to DEP had been sent on June 5th. An application through
the County has also been submitted by The Links. The results of the studies should be available
by the end of October. The Phase I and Phase II studies are critical to the decision of any future
use and the feasibility study for any possible development. Mr. Hawkins recommended the
studies be completed to identify what is present and then the feasibility study be completed of any
adaptive re-use of the property.
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Commissioner McCray did not favor allowing a developer to do the studies because the
information would not be public information. Commissioner Ferguson wanted to see the RFP and
studies move ahead concurrently.
Herb Suss, Wood Fern Drive, felt the proper way would be to get the DEP studies done and an
RFP would be premature at this time. The Links is an asset to the City and should be carefully
preserved with green space, according to Mr. Suss.
Commissioner McCray was in favor of proceeding with Phase I and Phase II studies and staff
report back sometime in October through December. He was not in favor of an RFP being issued.
Vice Mayor McKoy felt it was imperative to get the results of the study and he supported Phase I
and Phase II as well.
Motion
Commissioner McCray moved to proceed with the Phase I and Phase II studies only. Vice Mayor
McKoy seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting)
x. FUTURE AGENDA ITEMS:
A. Utility Service Area Analysis - June 20, 2006
B. Review of Recreation & Park Fees - June 20, 2006
C. Agreement with BellSouth to install a secondary E 9-1-1 PSAP - June 20, 2006
D. Review and possible adjustment of the storm water fees - July 5, 2006
E. Special authority to staff for needs during hurricane season.
Mr. Bressner explained the idea was to avoid a special meeting being called during a declared
state of emergency. The issue of curfew would be the one emergency concern. Mr. Bressner will
review with staff any possible authorization that might be required and could be pre-authorized.
F. Small/Minority Business Enterprise (S/MBE) Plan Proposal - Workshop discussion to
be scheduled.
Commissioner McCray requested a date be set and Mr. Bressner advised travel schedules would
need to be coordinated and the budget review process would also need to be considered. Vice
Mayor McKoy suggested the first of August would be appropriate to allow sufficient time. Mayor
Taylor declared there was consensus to delay the item until August.
G. Plan to replace County water by end of decade.
Mr. Bressner submitted July 5th would be appropriate.
H. Ordinance for procedure of advisory board election of chair and vice chair.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 6, 2006
Commissioner McCray recalled a previous ordinance had failed in regards to the issue. Attorney
Cherof concurred and indicated there had been several versions to establish a fixed procedure. It
was decided Attorney Cherof would review the previous attempts to establish a procedure and
bring those findings back before the Commission.
1. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee.
Mayor Taylor suggested the second meeting in August for consideration of item X.I and consensus
was reached for the date of August 15th.
Mayor Taylor declared a five minutes recess at 8:48 p.m.
Mayor Taylor reconvened the meeting at 8:57 p.m.
XI. NEW BUSINESS:
A. Consideration of MLK Self-Assembly Letter of Intent.
Mayor Taylor felt the City should not be involved as a landlord in any aspect, nor should the
Community Redevelopment Agency. He understood self-assembly would be a group of private
owners uniting to develop a plan. Determining the appropriate share of each owner would be
contentious and could stall the entire process. He did not favor proceeding with this self-assembly
group or signing the letter of intent and felt it would be an administrative nightmare for the City
and the Community Redevelopment Agency.
Commissioner McCray did not feel the City should be involved and agreed with Mayor Taylor.
Commissioner Ensler reported Larry Finklestein had indicated he had an agreement with the CRA
for a proprietary interest through August 31st. Attorney Cherof indicated a draft letter had been
circulated and the CRA had signed the agreement and the self-assembly group had signed, but
the City had not signed; therefore, there was no agreement. Commissioner Ensler inquired if the
CRA had expended any monies to the self-assembly group.
Lisa Bright, Director of the CRA, responded at the previous meeting of the CRA the board had
given her a maximum of $20,000 that could be spent on the legal drafting of a joint development
agreement as well as architectural. Any costs Mr. Finklestein had incurred would be reimbursed
by the Community Redevelopment Board. Those expenses would qualify for reimbursement
under the self-assembly grant program. Ms. Bright felt the total expense incurred did not exceed
$3,000. She advised if the City would not be a participant, there would be no need for the CRA to
move forward with the self-assembly group.
Vice Mayor McKoy inquired if a self-assembly group was a common practice. Attorney Cherof
advised it was not a rare type of agreement in a commercial transaction.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 6, 2006
Motion
Commissioner McCray moved that the City of Boynton not enter into the MLK self-assembly group.
Vice Mayor McKoy seconded the motion. The motion passed unanimously.
XLB. Discussion regarding Code Compliance (This item was added to the agenda.)
Commissioner McCray referred to recent letters received by the entire Commission relating to the
action of the Code Compliance Board of vacating Chris De Liso's seat on the board for absences.
Commissioner McCray was advised by the City Clerk that Mr. De Liso had not been sent a warning
letter regarding attendance and possible removable from the board. Mayor Taylor contended the
Code Compliance Board acted under the authority of a State statute dealing with absences.
Attorney Cherof concurred with Mayor Taylor's assessment. Commissioner McCray felt the
Commission should more closely monitor the actions of the Code Compliance Board and possibly
meet with the board to discuss any issues. Mayor Taylor agreed a meeting would be appropriate.
He announced that applicants are needed to serve on the board. The letters received indicate
there are some personality conflicts; however, the meeting minutes show consensus on most
decisions. Vice Mayor McKoy was concerned about the letters that had been received and the
issues raised, particularly as they relate to communication problems among the board members.
Mr. Bressner noted he had talked to the board last year in an attempt to resolve issues that had
arose. Mayor Taylor suggested the City Attorney draft an ordinance if the Commission becomes
aware that the actions of a board member may be detrimental to the function of the board, giving
the Commission the right to remove an individual from a board. Attorney Cherof advised the
statute specifically vests that responsibility in the board and not the Commission.
Commissioner McCray contended there were obviously problems and suggested the board be
reminded of their duties and responsibilities and the Commission should address the problem.
Michele Costantino, Chair of the Code Compliance Board, acknowledged there are
personality conflicts among board members that have existed for some time now. During a
workshop last year the members were reminded of their duties and responsibilities and advised
the board was controlled by State statute. She noted attendance is an issue for the board, not
only that the members attend the meetings, but also that they stay through the entire meeting to
the conclusion of the agenda. Ms. Costantino recommended a workshop be set up between the
board and the Commission and City staff to resolve the outstanding issues.
Mayor Taylor suggested he would attend the next meeting and speak to the board on behalf of
the Commission to discuss the concerns of the Commission. There was consensus for the Mayor
to speak to the board at their next meeting. Vice Mayor McKoy asked for the requirements or
experience needed to serve on the board. Attorney Cherof noted the requirements for the board
include the following types of business knowledge when available:
./ Architect
./ Engineer
./ General contractor
./ Subcontractor
./ Realtor
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 6, 2006
In addition, Attorney Cherof noted there is a procedure in place for any Commission member to
override an appointment.
Mayor Taylor requested Code Compliance investigate an apparent mobile rib food concession
outside the Shell station at the end of Gateway Boulevard selling food.
Commissioner McCray questioned the trash dumped along the detour on Federal Highway. Mr.
Bressner was aware of the site and indicated the location was in an unincorporated area of
Boynton Beach.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-036 RE: Adopting a new
Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust
Fund" in the Boynton Beach Code of Ordinances entitled "Pensions for
Police Officers". (To be tabled to June 20, 2006)
2. Proposed Ordinance No. 06-048 RE: Amending
Chapter 15, entitled "Offenses Miscellaneous" Section 15-123, entitled,
"Penalties; Exceptions" to provide for the inclusion of additional individuals
who are required to register as sexual offenders.
Attorney Cherof read Proposed Ordinance No. 06-048 by title only.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-048. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting)
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-049 RE: Amending the
Code of Ordinances, Chapter 13, Occupational License, Sec. 13-4,
Classification and Fee Schedule to provide for a 5 percent increase in
license fees.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 6, 2006
Attorney Cherof read Proposed Ordinance No. 06-049 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-049.
Commissioner McCray inquired how much revenue the increase would generate and Mr. Bressner
replied $70,000. Mayor Taylor noted there had not been an increase in 10 years.
Vice Mayor McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 06-050 RE: Approving the
consolidation of powers of the Children and Youth Advisory Board and the
Education Advisory Board; amending Chapter 2, Article VIII changing all
references to "Education Advisory Board" to "Education and Youth Advisory
Board" .
Attorney Cherof read Proposed Ordinance No. 06-050 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-050. Vice Mayor McKoy
seconded the motion.
Commissioner Ensler questioned which appointment provisions would govern the new board.
Attorney Cherof responded the Advisory Board on Children and Youth provisions would survive to
comprise seven regular members, two alternates and three students -- two regulars and one
alternate. Commissioner Ensler requested language be added to merge the members of the two
boards to serve until their current term expires. Attorney Cherof agreed the language could be
added.
Commissioner McCray agreed to the amendment to the ordinance in his motion to approve. Vice
Mayor McKoy accepted the change also.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
D. Resolutions:
None
E. Other:
None
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 6, 2006
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor adjourned the
meeting at 9:30 p.m.
ATTEST:
CITY OF BOYNTON BEACH
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