Minutes 09-03-04f4ZNUTES OF THE CZTY COlUlPlZSSZON AGENDA PREVZEW CONFERENCE
HELD ZN THE WEST W~NG - CONFERENCE ROOf4 "C"~
ON FR~DAY~ SEPTEMBER 3~ 2004 AT Z0:00 A. Pl.
Present
Jerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Janet Prainito, City Clerk
GALL TO ORDER
Mayor Taylor called the meeting to order at 10:08 a.m. and announced that the first budget
public hearing would be held on Tuesday evening. In addition, there would be adoption of the
proposed millage rate and adoption of the tentative budget for fiscal year 2004/2005. Diane
Reese, Finance Director, announced that a budget summary would be provided for the public.
]~Z-OTHER:
A. Znformational Ztems by 14embers of the City Commission:
· Vice Mayor Ferguson announced the passing of Harry Marcus approximately a week ago.
· Mayor Taylor has observed many "for sale" cars parked along the rights-of-way. He
expressed concern because this situation can proliferate quickly.
Chief Gage reported that the majority of these vehicles are parked on private property. While
the Police Department can deal with the cars in the rights-of-way, they cannot do anything
about the cars that are on private property. Chief Gage and Scott Blasie are researching an
ordinance to deal with that situation.
Commissioner McKoy pointed out that the same problem exists on Lawrence Road near the
canal. Dale Sugerman said the City is tagging those vehicles, but a stronger ordinance is
needed because there is a due process time period. The sellers put the vehicles on the rights-
of-way on the weekend, the City tags the vehicles and then the owners remove the vehicles
just before the City can enforce the law.
Chief Gage said staff will bring something forward to the Commission that will give staff the
ability to immediately enforce and fine the abusers.
?ZZ-ANNOUNCEPlENTS, COMPlUNZTY & SPECZAL EVENTS & PRESENTATZONS:
A. Announcements:
Minutes
Agenda Preview Conference
Boynton Beach, Florida
September 3, 2004
m
First City Commission Meeting in October will be held on
MONDAY, OCTOBER 4, 2004 0 6:30 P.M. - This will allow the
Commission to participate in activities related to Police Accreditation.
Commissioner McCray questioned how the group would travel to the Police Accreditation. City
Manager Bressner advised that Chief Gage is working on transportation arrangements.
V-ADMTNTSTRAT~VE
Mayor Taylor announced that two eligible applicants applied for membership on the Education
Advisory Board. He requested that Commissioner McKoy refrain from making an alternate
appointment so that the two applicants could be appointed to regular positions. Commissioner
McKoy agreed to table his alternate appointment.
VZ-CONSENT AGENDA:
C.7.
Proposed Resolution No. R04-149 Re: Authorizing an
agreement with Palm Beach County to return the collection of County Impact
Fees to the Palm Beach County Building Division
Vice Mayor Ferguson reported that he had a question that he discussed with City Manager
Bressner about the City's cost relative to the impact fees. City Manager Bressner said he would
provide a report prior to the meeting on Tuesday.
Approving the plat of VENETIAN VTLLAS subject to approval by surveyor and
mapper, and subject to the Palm Beach County Circuit Court's approval of the
amended settlement agreement removing the ACLF use
When Commissioner Ensler questioned whether or not this plat required review by the Planning
& Development Board, discussion ensued and City Manager Bressner will work with Legal on
this issue.
Mm
Authorize expenditure of $5,000 from Community Tnvestment Fund for Day Star
Charter Academy, Boynton Beach from Commissioner McKoy
When Mayor Taylor inquired if Day Star Charter Academy is a non-profit organization,
Commissioner McKoy confirmed that it is a 501(c)(3) corporation.
VZ'r'r. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMTrS
Project:
Agent:
Owner:
Location:
Lake Drive North (ABAN 04-003)
Rodney Regan
Avon Investments, [nc.
2625 Lake Drive North
2
Minutes
Agenda Preview Conference
Boynton Beach, Florida
September 3, 2004
Description:
Request for abandonment of the north 4.2' wide walk
easement in Lakeside Gardens Subdivision (TABLED ON
.IULY 20, 2004 - RE'TABLED ON 9/07/04)
(PROPOSED ORD_TNANCE NO. 04-073)
City Manager Bressner reported that Development recommended vacating the alleyway and
staff has ascertained that the ingress/egress is on a different parcel.
Commissioner Ensler was of the opinion that there were legal issues with this abandonment
that dealt with the original plat and statements that were made in the original documents
regarding rights-of-way. Commissioner Ensler recommended that Legal provide an opinion.
City Manager Bressner said he would have an answer for the Commission on Tuesday.
City Manager Bressner advised that the petitioner wants to redevelop the property. ~[n order to
meet the yard requirements, this abandonment is necessary. There would be an economic gain
for the petitioner.
Mr. Livergood confirmed that this is a public right-of-way.
Commissioner Ensler advised that there was a statement in the original documents that if the
property were abandoned, it would have to be returned to the original owners or their heirs. If
the City abandons this property, the current property owners may not be entitled to the
property. City Manager Bressner said it usually goes to the owner of record unless there is a
reverter clause. Staff would have to review the dedication language from the 1920s.
Mr. Sugerman advised when there is a reverter clause that goes back 50 or 100 years and staff
cannot locate the successors, the City has abandoned the property and done a quit claim to the
current adjacent property owner. There would be a statement included that the City makes no
guarantees as to anyone's rights in succession to the quit claim. This is how the Casa Loma
Overlook was handled.
ZX. CITY MANAGER'S REPORT:
A. Report on Interim Water Service Agreement with Palm Beach County Utilities
City Manager Bressner advised that the recommendation is to authorize staff to negotiate an
agreement on an interim basis. We believe that we will need a four-year interim agreement in
order to meet the construction schedule. Mr. Bressner is not certain if the County will grant
that period of time.
XZZ-LEGAL
B. Ordinances- Ist Reading
Proposed Ordinance No. 04-074 Re: Amending Chapter
26, Article IV "Sewers" to provide that the property owner is responsible
for the maintenance, repair and replacement of sewer Laterals
3
Minutes
Agenda Preview Conference
Boynton Beach~ Florida
September 3, 2004
Commissioner Ensler requested clarification of Item 6 on Page 2 of the Ordinance. He
specifically did not understand the end of the sentence that reads, "without written agreement
entered into prior to the commencement of any work on the sewer lateral". He questioned
whether that meant that the City was assuming responsibility at that point.
Chuck Magazine, Risk Manager, responded negatively and stated that we would not assume
responsibility unless there was an agreement in advance.
Mr. Sugerman explained that when there is a blockage and staff can't determine where the
point of blockage is underground, the City is not willing to go on private property. Mr.
Sugerman said that when the City shows up at the site and the property owner is willing to sign
an agreement as outlined in Item 6, staff would go onto the property, l:f the City makes an
error while on private property, Item 6 then says that the City would be responsible for that
error. Staff will not go inside the house unless the property owner signs the agreement.
Mr. Magazine confirmed that the City would take responsibility to repair or pay to have repairs
made if the City makes an error.
OTHER:
Mayor Taylor reported that he received a telephone call from a woman who was
extremely upset because she almost ran over a child coming out of Santaluces High
School on Hypoluxo Road. The woman reported that the children do not use the
crossings. There is a Police Officer at the 7-1! across the street from the school, but he
does not assist with school crossing. If a driver blows the horn to alert the children,
they give abuse to the drivers. The School has advised that this is not their
responsibility once the children leave the school grounds.
Chief Gage explained that the Police Officer is stationed at the 7-!1 because of fights. The
officer has higher priority issues at that location. Help is sometimes available from the School
Board, but the Sheriff's Office usually provides assistance.
Commissioner Ensler received a phone call from a person who reported that a
construction roll-off was filled over the top with only a couple of pieces of tape holding
down the debris. The person was worried because of the anticipated hurricane. He
asked what could be done to alleviate this problem.
Chief Gage said Code Compliance Officers have been going through their assigned areas citing
some people and issuing warnings. Code Compliance does not have enough staff to cover all of
the dumpsters. Commissioner Ensler said this particular dumpster is in front of 53 Eastgate
Drive with a number 20-129.
Mr. Livergood explained that he would not be able to pull the dumpster and the property owner
would have to secure it at this point. Chief Gage said he would document these dumpsters and
cite them after the storm.
4
Minutes
Agenda Preview Conference
Boynton Beach~ Florida
September 3, 2004
Commissioner McKoy reported that he recently noticed that a school bus unloaded
children who had to cross the street. Instead of the bus waiting in place until the
children safely crossed the street, the bus pulled away, leaving them to cross without
any protection. He requested that we send a letter to the School Board regarding this
situation so that the buses will remain in place until the children have crossed safely.
AD3OURNPlENT
There being no further business to come before the Commission, the meeting properly
adjourned at 10:40 a.m.
C~-I'Y OF BOYNTON BEACH
A"I-I'EST:
yCity Clerk
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