Loading...
Minutes 07-02-04 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, JULY 2, 2004 AT 10:00 A.M. Present: Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet M. Prainito, City Clerk Absent: Mike Ferguson, Vice Mayor Call to Order Mayor Taylor called the meeting to order at 10:04 a.m. II. Other Mayor Taylor extended his appreciation to the Police Chief and his staff for capturing the alleged murderers in relation to the canal incident. Mayor Taylor said that was great Police work and his hope is that they would be put away for a long time. Assistant Chief of Police Smith said they recovered the guns from the canal using Delray's Dive Team and Martin County's boat at the north of Palm Beach County. Mayor Taylor gave staff direction to review the requirements for obtaining a permit from the City of Boynton Beach because there was an episode with a resident which he explained that should not have occurred. Assistant City Manager Dale Sugerman, said that if the front desk were aware that the person was applying for a permit, they would make a copy of the driver's license before they proceed to the building department. Commissioner McCray asked if making copies of one's driver's license was the City's practice and Mr. Sugerman replied that it was. However, they would suggest putting a sign at the front desk for patrons who were applying for permits. City Manager Bressner further explained that South Florida Water Management District has software in place that scans the driver's license information. In this way, they are aware of when and who was in the building. City Manager Bressner said he was exploring the idea of a machine to maintain photo identification while the resident proceeds to the permit department. However, he was concerned about the cost associated with the equipment. He suggested the Building Meeting Minutes Agenda Preview Conference Boynton Beach, Florida July 2, 2004 Division pull the requirements and streamline them to match the Building Code of Palm Beach County. Commissioner McCray noted that there were three items that he was waiting for clarification on. First, he would like to thank staff since he read in the newspaper that the spill advisory was lifted for Boynton Beach. Secondly, he would like to thank the Mayor for his comment in the July 1, 2004 newspaper in regards to Ms. Anne Centi. Lastly, at the last Commission meeting he asked a question about the appointment rotation. He is still waiting for an answer. 111. ,~,. Mayor Taylor announced that the budget meetings were all listed for July 13, 2004 through July 15, 2004. Commissioner McCray asked if the budget meeting would be handled as in the past. City Manager Bressner said the budget meeting would be handled the same, with an overview and then discussion by exception. City Manger Bressner noted that he was still working on the Capital Improvement budget and would schedule a separate workshop. The action items that would be requested at the conclusion of one of the meetings would be to adopt the preliminary property tax millage rate. Per State Statutes, we are required to adopt the milage rate. Commissioner McCray noted that they should look closely at the millage rate as well as the item for the $25,000 extra for Homestead Exemption since they both will appear on the ballot and the City could be losing revenue. Mayor Taylor noted that the City Attorney would like a closed-door executive session to brief the Commission on three lawsuits. He requires 20 minutes for each item. His suggestion is to meet Tuesday, July 13, 2004 at 2:00 p.m. before the budget meeting. V.A, Appointments to be made Commissioner McCray noted that the City of Boynton Beach has a "D Rated" high school. He would like to know what action staff plans to take. City Manager Bressner noted he met with staff the week of June 28, 2004 and came up with a plan of action, which is included in the goal document with specific strategy, which was part of the budget exhibits. In terms of the Education Advisory Board, they would be meeting in August to review the scope of work to determine if the Code required amendment to modify their duties and responsibilities to place less emphasis on boundaries for schools and focus on more substantive issues. He is currently awaiting community involvement from the schools. Vl.C.3. Proposed Resolution No. R04- Re: Approving an Interlocal Agreement for funding from Palm Beach county in the amount of $1,000,000 to assist with the cost for construction of the Wilson Center Recreation Center. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida July 2, 2004 Mayor Taylor announced that this item would be pulled for further review by staff. Vl.C.5 Proposed Resolution No. R04- Mayor form of government for the County Re: Opposing the Strong- Mayor Taylor announced that this item would be pulled. VI.D.2 New Haitian Alliance Church (SPTE 04-005) - 440 Hoadley Road - Request for a one year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005 Commissioner McCray pointed out that this item needed a date certain because they often come back for extension. Mr. Greene noted that the Haitian Alliance was diligently working on the project. They came back because they needed to widen the road. Mayor Taylor noted that they went before the Planning and Development Board because they needed more funds to widen the road; therefore, they requested more time. VI.F. Authorization to approve payment for an emergency raw water main repair performed by Nora Engineering Contractors, Inc., Invoice #561, in the amount of $26,571.33 Commissioner McCray requested an explanation. Mayor Taylor stated that in regard to this item, two local contractors rendered a written quote to the City. One was $35,000 and Mora Engineering came in lowest with $25,000. Upon excavation, they realized the depth of the raw water line was greater than anticipated. Thus, it came to an additional $1,500.00. VI.L. Approve the reduction of liens on the property identified as Lot 20, Block 25, Rolling Green Ridge, Ist Addition, PCN 08-43-45-16-01-025-0200 (Code Enforcement Liens total $54,000 and Lot Mowing Liens total $3,542.06) Commissioner McCray requested clarification. Mr. Greene, Development Director, explained that a title search on behalf of a perspective homeowner revealed that three previous owners had incurred assessments that had not been paid to the City. The City now owns the property and is in the process of building a new construction on that property. X Future Agenda Items Commissioner Ensler requested dates for items F and G. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida July 2, 2004 (TBA) Workshop regarding City Hall/Public Safety Space Needs Report City Manager Bressner said he would like to wait until he receives the Town Center material before he provides a report to the Commission. Gm Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) City Manager Bressner noted that this item required more time for additional research; however; at Tuesday's Commission meeting, Planning and Zoning would provide a date certain. Xll. Legal XII.A.2 Proposed Ordinance No. 04-013 Re: Amending Ordinances No. 02-061 of the City of Boynton Beach by adopting an amendment to the Renaissance Commons Development of Regional Impact, formally known as the Motorola Development Order; providing for savings clause, repealing provision, and providing an effective date Commissioner Ensler inquired about a statement in Ordinance No. 04-013 that requires improvement to the water/sewer system. He asked who would bear the cost if the project requires additional water in the plant. Dale Sugerman, Assistant City Manager, explained that the developers would bear the cost on an interim basis. It is calculated and there would be a natural cost associated with the production. City Manager Bressner noted that with respect to the water and sewer lines or the upstream capacity, if there were capacity issues relative to the pumping or piping system that require offsite improvement, the developers, in order to serve the need of this project, would bear the responsibilities. In reference to the water capacity, the developer states their need. We review their need. We analyze it and we give them an acknowledgement of the capacity available. At their option, the developer can sign a document stating that they would prepay but not until site plan approval. Commissioner Ensler noted that the resolution that was approved was modified so that the City would have the option of collecting land or a fee. The Winchester property would be a nice opportunity to get a piece of land on Congress to build something like a park. Land at this point would be more valuable than the money we would get for the fee and now that we are changing the zoning, this is when we should make a decision. Commissioner Ensler questioned the backup and stated that he would like to know where the City stands on the Winchester, Motorola site and asked that staff provide some recommendation. He asked whether the road would be adequate to handle all 4 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida July 2, 2004 the traffic without changing the road and which homeowner associations were notified. Commissioner Ensler pointed out that he anticipated opposition to this plan; therefore, the City should properly notify the public. Mayor Taylor asked if there was a final draft on the Greenway Plan and whether the consultant completed it. Wilfred Hawkins, Assistant City Manager, explained that it would be completed within the next week and a packet would be put together for the Commission to review. Mr. Hawkins noted that staff is preparing an analysis to determine which parcel would be suitable for open space, in terms of recreational on the Greenway Plan. Dick Hudson, Senior Planner for Planning and Zoning said the County already approved the traffic plan. It was previously approved for the mixed use. The Winchester property will be discussed at a later date. Quintus Greene, Development Director, explained that on second reading of the ordinance they would notify the homeowners. Commissioner Ensler noted that the homeowners should be notified prior. Commission discussion ensued regarding a consensus about notifying the homeowners that were within 400 feet as stated in the ordinance. Xll. D. 1. Other Request for a closed-door executive session to discuss Boynton Beach Alliance; and Desiderio Corporation, a Florida corporation; Ewell L. Miller, individually and Sir Electric, Inc., a Florida corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02-01704 AN; and City of Boynton Beach, a Florida municipal corporation, Petitioner Commission 13, 2OO4 to Request for a closed-door executive session to be scheduled to discuss CITY OF BOYNTON BEACH, a Florida municipal corporation, Petitioner, vs. Frank Janots, Theodore Ryan, Gerhard Degen, Robert P. Brown, Charles Felman, Sylvia Felman, Palm Beach County, County Collection Services, Inc., State Of Florida, Town Of Lake Park, Karl Hlavac, United States Of America, City Of Riviera Beach, and John K. Clark, Tax Collector, Palm Beach County, Respondents -Case No. 2003 CA 010606 XXEDAJ" Request for closed-door session to discuss Police Benevolent Association (PBA) negotiations discussion ensued regarding moving the closed-door session up to July 2:00 p.m. instead of 3:00 p.m. right before the budget hearing. City Meeting Minutes Agenda Preview Conference Boynton Beach, Florida July 2, 2004 Manager Bressner noted that the agenda would be amended to reflect the fourth item for the executive session. Assistant City Attorney Tolces provided an update on Item #4, which involves a lawsuit. Mayor Taylor noted that there was a request for contributions from the Commissioners from the Boynton Beach Faith-based CDC for $8,422.50. He will donate $2000.00 and asked whether other commissioners would like to donate as well. Commissioner McKoy donated $2,000.00, Commissioner McCray donated $2,000.00 and Commissioner Ensler donated $1,000.00. Adjournment There being no further business, the meeting properly adjourned at 10:50 a.m. Attest: Deputy City Clerk City of Boynton Beac..q.h ~yor :/ ' '4 - V--~-~ce Ma ' bommissi~~ (__ ?~ ~-' / (July 2, 2004)