Minutes 08-07-07
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, AUGUST 7, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cheraf, City Attorney
Janet Prainito, City Clerk
Absent:
Ron Weiland, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
Mayor Taylor called the meeting to order at 6:30 p.m. and Dr. Solomon Rothstein, Police
Chaplain offered the invocation. The Pledge of Allegiance to the Flag was led by Commissioner
McCray. Mayor Taylor expressed his appreciation to Dr. Rothstein for the invocation.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McKoy suggested the items under XII. New Business, due to the topic, be moved
under XIII. Unfinished Business. Mayor Taylor noted Commissioner McCray had requested they
be heard under XII. New Business. Commissioner McKoy contended they were, in fact, old
business and should be listed under XIII. Unfinished Business. Commissioner McCray agreed
with Commissioner McKoy's request.
Motion
Commissioner McCray moved to move the discussions under XII. New Business to XIII.
Unfinished Business. Commissioner McKoy seconded the motion. The motion failed 2-2.
(Mayor Tay/or and Vice Mayor Rodriguez dissenting.)
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Regular City Commission
Boynton Beach, FL
August 7, 2007
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray announced due to the condition of his stepfather he would be leaving his
cell phone on and may have to leave the meeting if called.
Mayor Taylor noted Commissioner Weiland was absent and on vacation.
Mayor Taylor commented the meetings were held to conduct the business of the City in a
prafessional manner. Public comment was accepted on any item not on the agenda, plus any
item as noted on the agenda. It needed to be done with decorum, as adults, and in a proper
manner. If there were any disruptions from the audience, those individuals would be removed
from Chambers.
Commissioner McCray echoed the Mayor's concern and explained that was the reason he had a
discussion of Resolution 03-164 placed on the agenda. Mayor Taylor agreed and suggested the
entire Commission could set the example for others.
III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS
A. Announcements:
1. City Services Institute will be held September 10 -- November 19, 2007 to
acquaint residents and business owners with the structure of City
government and to pravide them with information and tours of City
facilities in an entertaining and informative manner that will enable them
to become more fully involved in the community. Participants will be
charged $25 each.
Mayor Taylor announced the City Services Institute to be held September 10th through
November 19th. All the citizens were invited to attend and participate.
B. Community and Special Events:
None
C. Presentations:
1. Praclamations
a. Florida Water Prafessional Week -- August 6 - 10, 2007.
Mayor Taylor read the proclamation declaring the week of August 6 - 10, 2007 as Florida Water
Prafessional Week and presented it to Kofi Boateng, Director of Utilities. Mayor Taylor opined
Boynton Beach had the best water in the area.
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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>
Commissioner McCray read a letter fram Herb Suss addressed to the City Clerk and dated July
25, 2007. "I would like one of the Commissioners to read this letter at the meeting on August 7
as I am unable to be present. I think what Commissioner McKoy did at the last Commission
meeting was right on the money by asking questions of an Intown Partner. He shed some light
on a very gray area pertaining to the Heart of Boynton. I also commend Vice Mayor Rodriguez
who immediately right after Commissioner McKoy spoke very quickly and followed it with a line
of questions for the second Intown partner. In their dual capacity as Commissioners and CRA
board members they have the right to ask these questions. Thanks again to Commissioner
McKoy and Vice Mayor Rodriguez for trying to remove the cloud that is now hanging over
Boynton Beach. Sincerely, Herb Suss."
Jacqueline Jones, 133 NE 6th Avenue, addressed the Commission regarding a landlord and
the conditions under which she was living. She claimed the building was an unsafe structure
for her children. Code Compliance had been contacted. In Ms. Jones' opinion it would be a
better place for affordable housing. The landlord had refused to comply with any regulations.
Poverty breeds other social and violent prablems and Ms. Jones felt the entire building should
be torn down. She felt the building was an p.yesore and should be condemned immediately.
More monitoring of the housing should be undertaken. It involved three buildings.
Commissioner McCray wanted it made clear that all the social, economic and violence prablems
in Boynton Beach do not originate in District II.
John Fox, 135 West Ocean Drive, requested an update on the southern raute for the Ocean
95 Exchange Plaza.
Jeff livergood, Director of Public Works and Engineering, reviewed the direction fram the
Commission and indicated State statutes had to be followed for a qualification based process. A
scope of services statement had been prepared for the selection of a consultant. Once the
consultant was selected the Commission would need to authorize the negotiation of a contract.
It would define the expectations of the engineering firm and the cost.
Mayor Taylor added he had spoken with Mr. Winchester, who owned property adjacent to the
praject, indicating his willingness to cooperate with the City.
Mr. Fox advised he appreciated everyone's help in attempting to resolve the matter.
Edward Tedtmann, 869 NW 8th Avenue, indicated he had been interested in the Lake
Boynton Estates and the truck route for many years. He reviewed the Palm Beach County
Design Guidelines relating to acce~s to properties and noted the City of Boynton Beach did not
use the same language. He felt the Palm Beach County language was more apprapriate and
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August 7, 2007
should be applied within the City. Mr. Tedtmann felt the City of Boynton Beach standards were
insufficient to safeguard the public.
Matt Burger, 221 SW 6th Street, recalled he had been told a 90 degree angle was required
for a railroad crossing. He presented several photographs of railroad crassings within Palm
Beach County that were not at 90 degree angles. He also inquired if there were two versions of
meeting minutes. Mr. Bressner explained there are either detailed summary minutes or
verbatim minutes, either of which are prepared in the City Clerk's office. Mr. Burger asked if a
ballpark figure could be given on the timeline for the southern route.
Mr. livergood estimated five to six months would be needed to hire the engineer to address the
suitability and constructability of a southern route.
Cliff Montross, Leisureville, expressed his concern with opening Ocean Avenue up to truck
traffic. He advised he traveled Ocean Avenue on a daily basis and Lake Boynton Estates was a
safe place to live and raise a family. He was careful when he traveled the raute and was
concerned about any truck traffic through the neighborhood. Mr. Bressner reviewed the action
taken to address the issue of the truck route. Mr. Montrass recommended eliminating the
railraad crossing and creating an end to Ocean Avenue at the Veterans Memorial.
Carol Fretwell, owner of a business at 412 East Ocean Avenue, expressed concern
about a cafe opening at the new library that would be competing for business.
Victor Norfus, 261 N. Palm Drive, suggested the large tract of land used for the retention
pond be evaluated for an alternate use and have the water run off go into the canal. He hoped
the new study would address the area. Mayor Taylor acknowledged the businesses were
required to pravide a run off. Mr. Bressner noted the retention pond area was not part of the
industrial area. A land swap may be possible; however, storm water storage also had to be
pravided.
Commissioner McCray requested actual figures be submitted for relocation of the retention
pond.
Kathy Romeo, 303 SW 7th Street, spoke for herself and indicated she was not affiliated with
the Boynton Beach Action Coalition. She did not agree with the adverse publicity toward some
of the Commission and did not appreciate an organization speaking for an entire neighborhood
without the entire neighborhood's consent. Ms. Romeo apologized for the character
assassination that was ongoing in the media. She thanked the entire Commission for their
actions and advised many of her neighbors agreed with her views.
Robert Brown, Seacrest Boulevard, asked if any of the spigots araund the City were using
the gray, repracessed water. Mr. Bressner advised gray water was only being used along the
Congress Avenue corridor for median irrigation.
No one else coming forward, Mayor Taylor dosed the public audience.
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Regular City Commission
Boynton Beach, FL
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V.
ADMINISTRATIVE:
A.
Appointments
Appointment
To Be Made Board
IV McKoy Bldg. Bd of Adj & Appeals
III Rodriguez Bldg. Bd of Adj & Appeals
Mayor Taylor Bldg. Bd of Adj & Appeals
III Rodriguez Cemetery Board
Mayor Taylor Code Compliance Board
I Weiland Code Compliance Board
Mayor Taylor Community Relations Board
IV McKoy Community Relations Board
I Weiland Education & Youth Advisory Board
II McCray Education & Youth Advisory Board
III Rodriguez Education & Youth Advisory Board
IV McKoy Education & Youth Advisory Board
Mayor Taylor Education & Youth Advisory Board
II McCray Recreation & Parks Board
Mayor Taylor Veterans Advisory Commission
I Weiland Veterans Advisory Commission
II McCray Veterans Advisory Commission
Motion
Length of Term
Expiration Date
Reg 33 mo term to 12/09
Alt 9 mo term to 12/07 Tabled (2)
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07 Tabled (2)
Alt 9 mo term to 12/07 Tabled (3)
Reg 21 mo term to 12/08
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Stu 9 mo term to 12/07
Stu N/V 9 mo term to 12/07
Alt 9 mo term to 12/07
Alt 9 mo term to 12/07
Reg 33 mo term to 12/09
Alt 9 mo term to 12/07
Commissioner McCray moved to table all appointments. Commissioner 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" appraval 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. Budget Workshop - July 10, 2007
2. Agenda Preview Conference - July 13, 2007
3. Regular City Commission - July 17, 2007
B. Bids and Purchase Contracts - Recommend Appraval - All expenditures are
approved in the 2006-2007 Adopted Budget.
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1. Award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN
OPERATOR TO ASSEMBLE, CONSTRUCT (interior) AND OPERATE A 808
SQFT CAFE FOR A FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH
LIBRARY", RFQ #061-261O-07/JA to Big Brathers Inc., d/b/a P. Logan's
Coffee of Wellington, Florida per terms of the lease agreement. Monthly
lease payments will be made to the City of Boynton Beach in the amount
of $1,500 pp.r month to be increased by 2.5 percent annually thereafter.
In addition the City will receive $200 per month for utility expenses for
total revenue in the amount of $1,700 per month.
Commissioner McCray pulled Item VI.B.1. for discussion.
2. Apprave a three-year contract with PHILLIPS & JORDAN, INC. of
Robinsville, NC, for Debris Collection and Disposal 2007 Hurricane
Season. The RFP #07-240, is to be utilized as an insurance policy on an
'AS NEEDED BASIS". All expenditures will be eligible for reimbursement
from FEMA. (proposed Resolution No. R07-084)
Commissioner McCray pulled Item VI.B.2 for discussion.
C. Resolutions
1. Proposed Resolution No. R07-079 RE: Amending
Rule #17 and Rule #3-M of the Cemetery Rules & Regulations.{Tabled
to August 7, 2007) (Request to table to August 21, 2007)
2. Proposed Resolution No. R07-085 RE: Approving and
authorizing execution and payment of the annual service agreement
between Motorola and the City of Boynton Beach in the amount of
$131,753.28.
3. Proposed Resolution No. R07-086 RE: Approving and
authorizing execution of an Agreement between Palm Beach County and
the City of Boynton Beach to pravide funding in an amount up to
$380,000 for improvements to Boat Club Park.
Commissioner McCray pulled Item VI.C.3. for discussion.
4. Proposed Resolution No. R07-087 RE: Appraving the
adoption of the City of Boynton Beach Five Year Consolidated/One Year
Action Plan for Community Development Block Grant funding for FY
2007/2008, and the contracts for subgrantees to reflect the praposed
expenditures as outlined in pragram impact.
Commissioner McCray pulled Item VI.CA. for discussion.
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August 7, 2007
5. Proposed Resolution No. R07-088 RE: Approving,
Task Order #1 for the RFP: "SCADA and Telemetry Goods and Services"
RFP #037-2821-07/0D in the amount of $1,394,247.90.
6. (Intentionally left blank)
7. Proposed Resolution No. R07-089 RE: Appraving and
authorizing execution of library Change Order #9 wherein the current
contractual date of Substantial Completion of the work is revised to July
13, 2007 and also apprcve a revised contract award amount to Sessoms
Construction in the amount of $6,710,717.95, plus contingency amount
of $200,000 for a total contract amount of $6,910,717.95.
Commissioner McCray pulled Item VI.C.7. for discussion.
8. Proposed Resolution No. R07-90 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board action of July 19, 2007.
a. Accepting the 2007/2008 organizational chart and salary range
revision.
b. Accepting the 2007-2008 wastewater and reclaim O&M budgets
and wastewater repair and replacement expenditures.
c. Authorizing the Board to establish a reclaim user rate to
consumers (Delray and Plant) for fiscal year 2007/2008 of
$0.28/1,000 gallons.
d. Authorizing the establishment of a user rate in Fiscal Year 2007-
2008 for wastewater in the amount of $.85/1,000 gallons for
Opert.ltions and Maintenance and $.18/1,000 gallons for reserves
bringing the total to $1.03 per 1,000 gallons.
e. Authorizing appraval of Hazen and Sawyer's Consulting Services
Work Order No. 07-005 to pravide construction phase services for
the construction of the Reclaimed Water System Expansion to 24
MGD in the amount not to exceed $510,080 to be split 50/50 from
each City's Capital Funds.
f. Authorizing the increase of J,J. Kirlin's Contract for constructing
the 6-MGD Reuse Expansion with a Change Order by $98,322
increasing the total contract from $5,315,000 to $5,413,320. The
amount of these expenditures is to be split 50/50 from each City's
Capital Funds.
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Boynton Beach, FL
August 7, 2007
g.
Authorizing Robert J. Hagel to execute the contract with
Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board
to construct the deepwell after the FDEP Permit for construction
of the injection well becomes final. The amount of these
expenditures is to be split 50/50 from each City's Capital Fund.
h.
Authorizing Robert J. Hagel to execute the contract with John J.
Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the
Reclaimed Water System expansion to 24 MGD when FDEP Permit
becomes final. The amount of these expenditures is to be split
50/50 fram each City's Capital Fund.
D. Approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr.,
(City Engineer and Surveyor and Mapper).
Commissioner McCray pulled item VI.D. for discussion.
Motion
Commissioner McKoy moved to approve all items on the Consent Agenda not pulled for
discussion. Commissioner McCray seconded the motion. The motion passed unanimously.
VI. B.1.
Award the "RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATOR
TO ASSEMBLE, CONSTRUCT (interior) AND OPERATE A 808 SQFf CAFE FOR A
FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH LIBRARY", RFQ #061-
2610-07/JA to Big Brothers Inc., d/b/a P. Logan's Coffee of Wellington, Florida
per terms of the lease agreement. Monthly lease payments will be made to the
City of Boynton Beach in the amount of $1,500 per month to be increased by 2.5
percent annually thereafter. In addition the City will receive $200 per month for
utility expenses for total revenue in the amount of $1,700 per month.
Commissioner McCray requested insight from staff and a public explanation fram Mr. Livergood
on value engineering. He stressed all people should be given an opportunity to succeed.
Bobby Jenkins, Assistant Director of Finance and Ann Watts, Assistant library Director, were
available for any questions. Ms. Watts stressed a cafe was the model for many libraries
throughout the nation. Mr. Jenkins added a competitive bid pracess had been done.
Motion
Commissioner McCray moved that Item VI.B.1 be approved. Vice Mayor Rodriguez seconded
the motion.
Mayor Taylor recalled the cafe had been included from the onset of the project. He commented
it may be competition for the other cafe, but that was the reality of business. Vice Mayor
Rodriguez noted the item had gone out for RFP a second time to get a response.
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Regular City Commission
Boynton Beach, FL
August 7, 2007
Ms. Fretwell requested information on the type of cafe being planned for the library. Mr.
Jenkins responded there would be no cookinfl on the premises. Hot and cold foods will be
available, plus coffees.
Horace Cunningham and Gene Policard, of Wellington, praprietors of Big Brothers Coffee,
explained a Panini press would be used or microwave.
Vote
The motion passed unanimously.
VI.B.2.
Apprave a three-year contract with PHILLIPS & JORDAN, INC. of Robinsville, NC,
for Debris Collection and Disposal 2007 Hurricane Season. The RFP #07-240, is
to be utilized as an insurance policy on an 'AS NEEDED BASIS". All expenditures
will be eligible for reimbursement from FEMA. (proposed Resolution No. R07-
084)
Commissioner McCray inquired if bids were received from minority owned businesses. Mr.
Jenkins responded the bid was a piggyback from the County. The County had indicated no
minority firms had responded. Commissioner McCray expressed concern that minorities within
the City were not contacted. Mr. Bressner responded the idea was to get a firm large enough
to mobilize as quickly and efficiently as possible. Commissioner McCray recalled the last
hurricane there were various trucks and privately owned companies that participated. He felt
there were injustices to some of the local people.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R07-084.
Vice Mayor Rodriguez inquired if all graups had an opportunity to respond to the RFP from the
County. Mr. Jenkins confirmed that was the case.
Mayor Taylor explained piggybacks were done for the cost savings.
Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
VI.C.3.
Proposed Resolution No. R07-086 RE: Approving and
authorizing execution of an Agreement between Palm Beach County and the City
of Boynton Beach to pravide funding in an amount up to $380,000 for
improvements to Boat Club Park.
Commissioner McCray asked for further clarification from staff. Wally Majors, Recreation and
Parks Director, explained the County appraached the City with funding and the City applied for the
funding that received appraval. Mayor Taylor rioted the City would be expending $37,500, but the
County would contribute the $380,000.
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Regular City Commission
Boynton Beach, FL
August 7, 2007
Motion
Commissioner McCray moved to apprave Praposed Resolution No. R07-086. Commissioner
McKoy seconded the motion. The motion passed unanimously.
VI.C.4.
Proposed Resolution No. R07-087 RE: Approving the
adoption of the City of Boynton Beach Five Year Consolidated/One Year Action
Plan for Community Development Block Grant funding for FY 2007/2008, and the
contracts for sub grantees to reflect the proposed expenditures as outlined in
program impact.
Commissioner McCray advised he had pulled the item because of negative publicity involving
City employees and contact with the CDC and churches in the area. He commended staff for
doing what was right for the community and not letting personal agendas influence the pracess.
Motion
Commissioner McCray moved to approve Praposed Resolution No. R07-087. Commissioner
McKoy seconded the motion. The motion passed unanimously.
vr.C. 7.
Proposed Resolution No. R07-089 RE: Appraving and
authorizing execution of Library Change Order #9 wherein the current
contractual date of Substantial Completion of the work is revised to July 13, 2007
and also apprave a revised contract award amount to Sessoms Construction in
the amount of $6,710,717.95, plus contingency amount of $200,000 for a total
contract amount of $6,910,717.95.
Commissioner McCray had pulled the item because he was not in favor of change orders and
wanted to have an explanation of the need for the change order. Mr. Livergood responded
change orders were usually due to cost esc.alation or change in conditions that were not
contemplated. The next step is the renovation of the existing building that may necessitate
more change orders.
Change Order #9 related to the date for substantial completion of the work which determines
the date for liquidated damages of $500 a day to commence. The praject by contract should
have been done July 13, 2007. The contractor continues to dispute the date, due to time
extensions the contractor feels were warranted. Any further change in the substantial
completion date would have to be brought before the Commission.
Mr. Livergood noted the contract total $6,710,717.95 included $10,000 available to staff for
contingency on the praject. The request was for an additional $200,000 contingency for the
duration of the praject for specific reasons. First, any changes that arise as construction
continues may exceed $10,000 and could stop the praject until appraval of the Commission had
been obtained. Second, staff would return to the Commission with any changes of the
expenses or extension of the substantial completion date. There would be a change order to
extend the builder's risk insurance by $50,000 to $55,000.
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August 7, 2007
Commissioner McCray requested a timeline for the entire project. Mr. Livergood speculated
total occupancy of the library would be in January or February. The renovation of the old
building would commence the end of September.
Motion
Commissioner McCray moved to apprave Proposed Resolution No. R07-089. Commissioner
McKoy seconded the motion.
Mayor Taylor clarified the total cost to date was $6.9M and the Capital Impravement Budget
reflects $7.2M for the Library. Mr. Livergood concurred.
The motion passed unanimously.
VI.D. Approve the PRESERVE AT BOYNTON BEACH Record Plat, conditioned on the
appraval being the certification of the plat documents by H. David Kelley, Jr.,
(City Engineer and Surveyor and Mapper).
Commissioner McCray requested further explanation. Mr. Livergood replied the plat is the legal
basis, supplied to the County, specifying how land is subdivided or aggregated. The Preserve is
being developed as condos with a number of different building units as well as common
graunds. The plat is very detailed.
Motion
Commissioner McCray moved to approve Item VI.D. Vice Mayor Rodriguez seconded the
motion. The motion passed unanimously.
Commissioner McCray thanked staff for their courteous response to his questions.
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these publiC hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
HARBOR CAY (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
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Boynton Beach, FL
August 7, 2007
Description:
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) appraved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to August 21, 2007)
Commissioner McCray requested a public explanation for the delay. Mayor Taylor explained the
agent for the applicant had thraat surgery and was unable to speak.
B.
praject:
Agent:
Location:
Descri ption:
ALLEY BETWEEN NE 7th AVENUE/NE 8th AVENUE (ABAN
07-003)
City-initiated
Alley between NE 7th Avenue and NE 8th Avenue, east of Federal
Highway.
Request for abandonment of an alley between NE 7th Avenue and
NE 8th Avenue, along the boundary of the Lake Addition and
Boynton Place Subdivisions. (1st Reading of Proposed
Ordinance No. 07-019)
Attorney Cherof read Proposed Ordinance No. 07-019 by title only.
Mr. Livergood noted the request was staff initiated. The alley was originally platted between
two subdivisions and was unpaved and unimpr'Jved, remaining the responsibility of the City of
Boynton. Adjacent property owners had requested permission for fencing in the right-of-way
which by Statute was not allowed in a public right-of-way for any purpose. The alley serves no
public purpose as a strip of land between private parcels. Staff recommended the alley be
abandoned and turned over to the homeowners for their use. The City would no longer be
responsible for the alleyway. The utilities within the right-of-way would require an easement.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public audience.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-019. Commissioner
McKoy seconded the motion.
Vote
City Clerk Prainito called the rail. The vote was 4-0.
IX. CITY MANAGER'S REPORT:
A. Authorization to pursue the formation of a 501( c)(3) not-for-profit corporation
called the Boynton Beach Community Foundation and to develop the slate of
Board of Directors for initial appointment by the City Commission.
Carisse LeJeune, Assistant to the City Manager and Debbie Majors, Grants Coordinator
presented the report. Ms. LeJeune related the 501(c)(3) not-for-profit corporation would be
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August 7, 2007
called the Boynton Beach Community Foundation. The corporation would be separate,
independent and autonomous from the City of Boynton Beach and not an agency or arm of the
City. The Foundation would raise funds for prajects in the City that would benefit the
community. The first praject supported for funding would be the Boundless Playgraund. The
Board of Directors would be selected by a Steering Committee and brought before the
Commission for initial appointment.
Ms. Majors presented a PowerPoint presentation reviewing the Foundation's formation and
possible responsibilities. It would allow the Foundation to apply to private and corporate
entities for donations. The purpose would be to raise funds for educational, recreational and
cultural programs and services to benefit all citizens. The foundation would be required to give
5% annually of their assets. The Steering Committee would consist of Ms. Majors, the Parks
Superintendent and three members of the Recreation and Parks Advisory Board. The key
initiative would be the Congress Avenue Boundless Park and Playgraund and then the Youth
Violence Prevention Program and future downtown cultural projects.
Commissioner McCray questioned using the street address for City Hall. Attorney Cherof
advised not all deliveries can be made to a post office box and a street address is required for
all corporations.
Commissioner McKoy also questioned the use of the City Hall address for the corporation. Mr.
Bressner indicated it would be the initial address and could be changed at a later time.
Vice Mayor Rodriguez pointed out the goal would be for total independence. Ms. LeJeune noted
the City's involvement would be the bylaws and articles of incorporation only.
Ms. Majors related similar foundations had been set up in Wheeling, West Virginia, the East Bay
Regional Park District and Newark, New Jersey. No other cities in Florida have undertaken the
task. The Cities of Pahokee and Palm Bay have both expressed an interest in establishing the
same type of organization.
Mayor Taylor commended staff for the foresight in establishing the program. Many benefactors
exist that the City would not have access to the people and organizations with the monies to
contribute.
Commissioner McKoy commended staff, but was concerned that organizations exist within the
City that do some of the same types of fundraising. No other organization had been required to
come to the City for approval to be formed. Ms. LeJeune commented once the organization is
formed the City could then go to the foundation with proposals for prajects like any other
entity. Its goal would be to improve the quality of life within the City.
Commissioner McKoy asked if other organizations were encouraged to come to the City for
assistance in finding funds for prajects that address the issues of society. Ms. Majors pointed
out some organizations and churches have sought her assistance in locating funding
opportunities for non-prafit organizations.
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Attorney Cheraf advised neither a resolution nor ordinance would be required; only a motion
would be needed. A resolution would be a means of tracking official action of the Commission;
however, there is no legal necessity. It would be a decision of the Commission as a policy
matter. It would only return to the Commission for appointment of the Board of Directors.
Commissioner McKoy questioned what other efforts had been made to seek funding in the
capacity discussed for the foundation. Mr. Bressner interjected the State legislature had been
asked and a FRDAP grant was also sought, but fairly limited opportunities were available for
municipalities.
Vice Mayor Rodriguez stressed the formation of the foundation would not preclude the City from
seeking funds fram any other sources available. He also pointed out any organization within
the City could reach out to the foundation for funding as well as the City of Boynton Beach.
Commissioner McCray was concerned the formation of the foundation would block out other
501(c)(3) organizations fram funding sources. He also questions Ms. Majors participation with
the foundation. He did not feel the foundation was apprapriate. Ms. Majors noted she was
only serving on the Steering Committee. Vice Mayor Rodriguez stated many other employees
belong to other organizations that seek funding from the City also.
Commissioner McKoy's concern was the 501(c)(3) was seeking the blessing and endorsement of
the City. He suggested public input should be allowed.
Mayor Taylor noted under the rules public input was not allowed for reports.
Motion
Commissioner McCray moved to deny the request. Commissioner McKoy seconded the motion.
The motion failed 2-2.
Commissioner McKoy requested a roll call vote. Mayor Taylor called for a roll call vote.
Vote
City Clerk Prainito called the roll as follows:
Mayor Taylor - Nay
Vice Mayor Rodriguez - Nay
Commissioner McCray - Aye
Commissioner McKoy - Aye
The motion failed 2-2.
B. Request for direction and authorization from City Commission regarding
Veteran's Memorial proposed by the Veteran's Council.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
Ms. LeJeune reviewed the history of both the eternal flame praject and the Veteran's Council
proposed memorial.
Mayor Taylor did not favor two memorials. He preferred to work with the Veteran's Council and
supported the memorial within Bicentennial Park. Vice Mayor Rodriguez concurred.
Motion
Vice Mayor Rodriguez moved to support the Veteran's Council memorial praposal. Mayor Taylor
passed the gavel and seconded the motion.
Commissioner McKoy left the dais at 8:07 p.m.
The motion passed 3-0.
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School -- August 21, 2007.
XI. NEW BUSINESS:
A. Discussion of City Ordinance 000-69.
Commissioner McCray explained it had been indicated in the media he was agitated and he
wanted to indicate he was not agi~ated by the move. He did have concerns and questions he
wanted to ask and responses could be submitted later.
Vice Mayor Rodriguez left the dais at 8:10 p.m.
Commissioner McCray requested a recess.
Mayor Taylor declared a recess at 8: 11 p.m.
Mayor Taylor reconvened the meeting at 8:19 p.m.
Attorney Cherof requested Commissioner McKoy vote on the item previously raised on the
Veterans memorial issue. Commissioner McKoy voted in favor of the Veteran's Council
praposal. The vote was 4-0.
Commissioner McCray reiterated he was not agitated, but did want answers to several
questions regarding the perception that the decision was made prior to the meeting. He
distributed copies of a list of questions to Chief Immler for the Florida Department of Law
Enforcement and to the City Clerk to be made part of the record. (A copy of which is available
in the City Clerk's office and attached to the original set of minutes on file in the City Clerk's
office.) Commissioner McCray read the que~tions and requested answers either publicly or
privately so that he could address the needs of the citizens.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
Attorney Cherof responded the board was not gotten rid of; rather the Commission exercised its
right under State Statute to substitute itself for the other board members. The resolution had
been drafted shortly after the preagenda preview meeting and placed in final form the
afternoon of the Commission meeting.
Commissioner McCray contended it appeared to him there had been a Sunshine violation. He
indicated he did not agree with having preagenda meetings because it gave too much advance
notice for staff to anticipate the Commission's action before a vote was taken. Conversations
between the City Manager and Commissioners should remain confidential to avoid information
being relayed in advance of the meetings in public.
Attorney Cheraf further explained when issues arise at the agenda preview meetings and
Commission action is anticipated at the regular meeting, it becomes incumbent on him to
prepare the necessary paperwork or report or document for the use of the Commission at the
meeting. If the document is not required, it can be set aside. Attorney Cherof stressed his role
is to listen either directly or indirectly to comments and attempt to be prepared at the meetings
to answer questions. There had been inquiry about the ordinance adopted previously
designating the CRA. It was incumbent upon Attorney Tolces to pull the related ordinance and
be prepared to answer any questions that may have arisen.
Commissioner McCray complimented Attorney Cheraf on his foresight; however, he had not
received a copy in advance to prepare for the meeting. He remained concerned the action of
the Commission was not done legally correct. If an investigation was needed it should be
commenced. He contended not all the Commission had received the same information before
making a decision.
Attorney Cheraf reiterated the matter was properly before the Commission, having been
announced at the agenda preview meeting and listed on the agenda. The resolution prepared
was pursuant to the State Statute authorizing the Commission, by resolution, to designate itself
the CRA. The resolution was properly before the Commission and properly passed. It remained
legal and enforceable.
Attorney Cheraf further explained C\n ordinance is an action by the Commission that is perceived
as permanent in nature. In fact, an ordinance can be amended fram time to time. A resolution
is the temporary intent of the Commission. The resolution passed regarding the CRA was
dictated by State Statute that does not give the Commission a choice. The Statute stated, at
any time, the governing body may thereafter, by the adoption of a resolution, declare itself to
be an agency, in which case all rights, powers, duties, privileges and immunities vested by this
part will be vested in the governing body.
Commissioner McCray continued to complain he was not given a copy of the applicable Statute
before a decision was made. Attorney Cheraf recalled the issue arose at a prior meeting and a
recess was called so the Statute could be obtained and a copy distributed to all members of the
Commission. Commissioner McCray requested another copy. He did not understand why the
previous board members could not have been given a chance to address the issues. Another
copy of the Statute was distributed by Attorney Cheraf. Commissioner McCray requested all his
questions be addressed individually. He contended the action of the Commission was wrang.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
Attorney Cherof pointed out the Statute was also contained in the agenda packet for Item XI.
New Business, Item 2, Section 163.357 Florida Statutes.
Mayor Taylor indicated he emphatically disagreed with the comments of Commissioner McCray.
Commissioner McKoy felt public input was needed. Mayor Taylor was not sure of the issue.
The matter had been voted on and could n.ot be reconsidered unless someone on the prevailing
side requested reconsideration.
Commissioner McKoy questioned how a second opinion could be obtained regarding the legality
of a Commission action. Attorney Cheraf replied a request for an Attorney General opinion
regarding the application or interpretation of State law could be made. The Attorney General
would not opine on procedural matters, only substantive legal issues. Commissioner McKoy
requested an opinion from the Attorney General on the legality of the issue.
Mayor Taylor notified the request could be made individually or ask the Commission to make
the request.
Motion
Commissioner McKoy moved to get an Attorney General opinion on the issue. Commissioner
McCray seconded the motion. The motion failed 2-2. (Mayor Taylor and Vice Mayor Rodriguez
dissenting.)
Vice Mayor Rodriguez commented the City needed to move forward and get beyond the issue.
In his opinion, the only black cloud over the City was being generated by members of the
Commission. The decision had been made legally and prafessionally. Vice Mayor Rodriguez
stressed the continued discussion was ridiculous and wasting dollars.
Commissioner McCray disagreed with the remarks of Mayor Taylor and Vice Mayor Rodriguez.
He continued to believe something was done wrang and another opinion was needed.
Commissioner McKoy commented it had been stated by scholars, that the fastest way to
destray a government is for that government to fail to observe its own laws and regulations.
He was concerned it was happening in the City of Boynton Beach.
Mayor Taylor disagreed with Commissioner Mcv..oy's opinion.
B. Discussion of City Resolution 07-065.
C. Discussion of City Resolution 03-164.
Commissioner McCray asked the City Attorney to have the resolution relating to the Code of
Conduct for elected officials placed on future agenda items for further discussion.
Mayor Taylor noted a vote had been taken on the resolution and Commissioner McCray was not
on the prevailing side to ask for reconsideration. Mr. Bressner referred to the minutes noting
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
the vote was 2-3 with Mayor Broening, Vice Mayor Ferguson and Commissioner Weiland
dissenting.
Attorney Cherof noted the subjec~ matter could be braught before the Commission in many
different formats if that was the desire of the Commission.
Motion
Commissioner McCray moved to bring the subject matter back before the Commission.
Commissioner McKoy seconded the motion.
Vice Mayor Rodriguez noted it was on the agenda and being discussed.
Commissioner McCray felt a full Commission should be present to discuss the issue.
Attorney Cheraf suggested the apprapriate motion may be to table the discussion until a full
Commission is present.
Motion
Commissioner McCray moved to table. Vice Mayor Rodriguez -seconded the motion. The
motion passed 3-1. (Mayor Tay/or dissenting.)
Attorney Cheraf indicated the agenda sheet and backup information would be included on a
future agenda.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-017 RE: Amending the
City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and
Recreation", Article II, "City Parks and Beaches", City of Boynton Beach
Code of Ordinances.
Attorney Cheraf read proposed Ordinance No. 07-017 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
Motion
Commissioner McCray moved to apprave Praposed Ordinance No. 07-017. Vice Mayor
Rodriguez seconded the motion.
Vote
City Clerk Prainito called the rail. The vote was 4-0.
2. Proposed Ordinance No. 07-018 RE: Amending
Chapter 26, Water, Sewers and City Utilities, amending Section 26-42
deleting paragraph (8) relating to the surcharge for potable water during
the declaration of a water shortage or water shortage emergency.
Attorney Cherof read praposed Ordinance No. 07-018 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-018. Vice Mayor
Rodriguez seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 7, 2007
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor praperly
adjourned the meeting at 8:51 p.m.
Attorney Cheraf reminded the Commission of the closed door session to be held relating to
labor negotiations.
./~'tl
oy ./
---- ~.
"--'~
ATTEST:
,
;.
~c
~ 1
~~I~:E~~&-
, Deputy City Clerk
----"'''-
20
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
City-Initiated Alley Abandonment between NE yth Ave and NE
Development
PIZ
Building
Engineering
Oee. License
Deputy City Clerll
th Ave
APPLICANT'S AGENT: Mr. H. David Kelley, Jr., Assistant Director of Public Works
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 7,2007
TYPE OF RELIEF SOUGHT: Request to abandon an unimpraved alley right-of-way and dedicate as
a utility easement
LOCATION OF PROPERTY: Between NE yth Avenue and NE 8th Avenue, east of Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applic~t
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
./' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the praperty shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED: a~(I.l.f::
Ie, .-_goo!
,
'171.
City Clerk
S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAN\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: NE ih Ave and NE 8th Ave
File number: ABAN 07-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. Abandonment is contingent upon retaining the full width as a utility easement. X
BUILDING DIVISION
Comments: None X
P ARKS AND RECREA nON
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
NE 7th Ave and NE 8th Ave ABAN
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. L(l~/
S:\Planning\SHAREDlWP\PROJECTS\NE 7th Ave and NE 8th Ave ABAN\COA,doc
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