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Minutes 01-04-05MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 4, 2005 AT 6:30 P.M Present Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Reverend Randall Gill- 1st Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Mack McCray Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Randall Gill offered the invocation, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Mack McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Ferguson moved to approve the agenda. Motion seconded by Vice Mayor McCray and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor McCray wished all the citizens a healthy, happy and prosperous New Year. Vice Mayor McCray reported that the City was presented with an award by the Boynton Beach Chamber of Commerce as a result of the untiring efforts of staff when the hurricanes struck. On behalf of the City Officials, Vice Mayor McCray thanked staff for being there when needed and encouraged them to keep up the good work. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: Mayor Taylor made the following announcement: Recognition of Mary DeGraffenreidt, Recreation Manager at Ezell Hester Community Center, and Fire Department staff for quick response related to fire alarm Commissioner McKoy commended Mary DeGraffenreidt, Manager at the Ezell Hester Community Center, for a job well done. Commissioner McKoy was at the Hester Center recently when the fire alarm went off as the result of faulty electrical wires. Ms. DeGraffenreidt and her staff swiftly took action in evacuating the entire Center within two minutes. Commissioner McKoy was very impressed and felt that Ms. DeGraffenreidt and her staff deserved to be recognized. Commissioner McKoy also commended the Fire Department for responding in 3~,~ minutes. Mr. Bressner requested that Ms. DeGraffenreidt stand up and be recognized. B. Community and Special Events: Wayne Segal, Public Affairs Director, made the following announcements: Boynton Beach City Library - Brown Bag Series 2005 - January 10th, .January 24th and January 31st, 2005 from 12:00 Noon to 1:00 p.m. ~n the Library Program Room - Sponsored by the Friends of the Library - Free to the public Mr. Segal noted that there were free programs listing the lectures available in the back of Commission Chambers. "Movies on the Avenue" - Friday, January 14, 2005 @ 7:00 p.m. - Ocean Avenue and SW 4th Street Mr. Segal announced that the Library and the Community Redevelopment Agency are the sponsors of "Movies on the Avenue". The next scheduled movie is Speedway, staring Elvis Presley. Martin Luther King, Jr. March & Breakfast - St. John's Missionary Baptist Church - January 17, 2005 - Assemble at Railroad Avenue & Martin Luther King, Jr. Blvd. @ 7:00 a.m. - March from Railroad Avenue on Martin Luther King, Jr. Blvd. to Seacrest Blvd. and on to St. John's Missionary Baptist Church - Breakfast at St. John's Missionary Baptist Church from 7:30 a.m. to 10:00 a.m. - Fee for breakfast is $5.00 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Mr. Segal announced the events scheduled for the Martin Luther King, Jr. Celebration. Anyone desiring to attend the Martin Luther King, Jr. Banquet at the Holiday Catalina Inn on Sunday, January 16th should contact the City Manager's Office for further information. The cost is $30 per ticket. Heritage Festival- Month-long celebration of Black History Month that informs the public of the ties that bind the African-American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. Week 1: Art in the Park Spelling Bee Essay/Oratory Contest Art & Science Competition City Library February 5 10:00 a.m. City Library February 5 11:00 a.m. City Library February 5 12:00 p.m. Boynton Beach Mall February 5 1:00 p.m. Week 2: Movies on the Avenue Basketball Tournament Basketball Tournament Basketball Tournament Ocean Avenue Hester Center Hester Center Hester Center Week 3: Book Fair VIP Autograph Session Book Fair General Public Coronation Youth Awards Poinciana Poinciana Poinciana Poinciana Week 4: Parade Seacrest Concert - "An International Affair" · R&B - Classique, Regina Bell & Howard Hewitt · Reggae- Mamia Griffiths · Trinidad and Tobago- Trinny · Spanish (TBD) MLK Caribbean Celebration (Around the World in one day - Elementary Schools adopt an February 11 7:00 p.m. February 11 6:00 p.m. February 12 9:00 a.m. February 13 TBD February 19 February 19 February 19 February 19 5:00 p.m. 6:00 p.m. 7:30 p.m. 8:30 p.m. February 26 4:00 p.m. February 26 6:00 p.m. Island) MLK Carnival Sara Sims Park February 24, 25, 26 & 27 Ms. Angela Girtman, Chairperson of the HeritageFest Committee, announced the events and explained the activities scheduled for February. The "Movie on the Avenue" for February will be Greased Lightening. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Tyrone "Muggsy" Bogues, a former NBA basketball player, will be at the Book Fair and autograph session. Vice Mayor McCray inquired why the parade was scheduled for 4:00 p.m. on Saturday. Ms. Girtman explained that when the parade was organized, they took into consideration City staff's time and scheduled all events on Saturday. They also wanted to avoid having people leave if the parade were scheduled earlier and not returning for the evening events. They felt a 4:00 p.m. parade would prevent this occurrence. Vice Mayor McCray was concerned about having the parade at 4:00 p.m., which is a very busy time of the day, and he was concerned about any risks this might cause the City. He requested that staff look into this and provide him with a report. Ms. Girtman noted that she would be meeting with Department heads and will address the time change at that meeting. C. Presentations: 1. Proclamations: None 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) Warren Timm, 130 NE 26th Avenue, Boynton Beach, asked for an update on the fire assessment and inquired what the current balance was in the account and the status of the projects being funded through the fire assessment. Mr. Timm also inquired how much more money was necessary to complete the projects. Mr. Timm referred to an article in the December 1st Sun Sentinel where the DCA made some comments regarding the Heart of Boynton Project and the Boynton Village Development. DCA was concerned about population density, traffic and the water supply. The article stated that the City had to supply DCA with a report by mid-January and he asked what changes the City made to the plans to satisfy DCA's concerns. Mayor Taylor stated that the City would supply Mr. Timm with the information on the fire assessment. With regard to the newspaper article, Mr. Bressner stated that there were inaccuracies in the article. The State acknowledged that they had made some errors in their review of the projects, which have now been corrected. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Mr. Timm requested copies of the correspondence relating to this issue, which Mr. Bressner will furnish. Sunny Garcia, 1631 NW 3rd Lane, Boynton Beach, while driving to his evening job, almost drove over a child riding a motorized scooter on Seacrest Boulevard. He felt that the Police Department needed more officers patrolling the roads because children are riding on the roads illegally, and he does not want to be responsible if he hits a child. He also observed a four-wheeler racing down his street at night. He would like the City to hire more police officers and noted that Delray Beach has 175 police officers and Boynton Beach only has 147. Mr. Garcia requested that the City do something about these children riding scooters on City streets. Mayor Taylor responded that there has been a great deal in the newspapers about illegal scooters on the roads that parents bought for their children for Christmas, being fully aware that they cannot be driven on roads. He felt that this was a parental issue. Mayor Taylor noted that 10 new police officers have been added to the force and the City is working diligently to fulfill the vacancies in the Police Department. Mr. Garcia stated that as soon as the City hires an officer, they leave for other cities and felt that the City has a problem in retaining police personnel. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, wished to address the IPUD that would be coming before the CRA and the Commission in the near future. He acknowledged the efforts that many neighborhoods took to help create the IPUD Ordinance. Mr. Edwards requested that the Commissioners look over the IPUD document to be prepared when the projects along Federal Highway come before the Commission. They have some concerns regarding the new projects' compatibility with the neighborhoods, since one of the developments has already asked for a height exception. Sam Marks, 2620 NE 1st Court, Apartment #118, Boynton Beach, Florida 33435, and a resident of Village Royale on the Green, would like a traffic signal installed at NE 1st Court and Gateway due to the increase in traffic and the construction west of 1- 95. The residents cannot come out of their driveway between 4:00 p.m. and 5:00 p.m. due to the traffic. He also referred to the new Publix Supermarket being built that would increase traffic. Mr. Marks felt that the traffic situation was dangerous and that someone would get hurt. Mr. Marks noted that the president of his condominium association requested a traffic signal last year and asked what the status of this request was. Mayor Taylor responded that the City did look into installing a traffic light at this intersection, but there were some problems. In order to have a traffic light installed, a certain traffic count had to be met, which this intersection did not meet. Also, the entrance that Mr. Marks referred to was too close to the light at the intersection. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Mr. Bressner noted that Jeff Livergood, the City Engineer, wrote to the President of Village Royale on the Green and explained why a traffic signal could not be installed at the requested location. Mr. Marks inquired if the City was waiting for an accident to occur before it could take action, and Mr. Bressner explained that sometimes that is the case. The City cannot put up traffic controlling devices without warrants being met and it follows the guidelines set by the National Manual of Uniform Traffic Control Devices. Mr. Marks requested that a sign reading "do not block the intersection" be erected and Mr. Bressner stated that this was possible. Vice Mayor McCray asked Mr. Bressner to forward a copy of Mr. Livergood's letter to Mr. Marks. Lynn Taylor, a resident of Village Royale on the Green, concurred with Mr. Gamia's comments regarding children riding motorized four-wheel vehicles on the streets in the nighttime. She recommended having more officers on the streets during those hours. Ms. Taylor felt that children needed to be taught the proper rules for riding a bicycle and what equipment is required on a bicycle. She pointed out that the residents in her community have had many close calls involving children on bicycles at night. She recommended asking the schools to institute some type of class for this purpose. Mr. Bressner requested that Ms. Taylor speak with Assistant Police Chief Immler to determine how to address this problem. Bob Brown, 701 S. Seacrest Boulevard, Boynton Beach, noted that the County is now in charge of maintaining Seacrest Boulevard and he would like to have the landscaping on Seacrest Boulevard improved. The County has done many beautification projects in other cities and he felt that Seacrest Boulevard is neglected. He would like the City to initiate this process and the first thing he would like done is to change the sign at the intersection of Boynton Beach Boulevard and Seacrest Boulevard that is incorrectly spelled "Sea Crest" Boulevard. Mr. Brown recommended establishing a committee for this purpose. Steve Miller, 2501 SW 11th Court, Boynton Beach, distributed surveys to the Commission. He was present to discuss a problem he has with his neighbor. He moved to the City approximately one and one-half years ago and worked hard to fix up his house. His new neighbor built a fence between their properties and he determined that the neighbor had the legal right to install a fence on his property. However, this neighbor has threatened to extend the fence from the end of his property line to the lake. This area was indicated on the survey that Mr. Miller passed out. The land from the end of his neighbor's property line to the lake is owned by the City, which City officials confirmed to him. He questioned if a person had the right to place a fence on City land that was intended for use by all the citizens. He spoke with representatives in Engineering, Code and Building Divisions, and no one was certain what could or could not be done on this property. However, after he spoke with Don 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Johnson, the City's Building Official, Mr. Johnson informed him that he would probably okay it if his neighbor applied for a permit. Mr. Miller requested that the City adopt a requirement that if two parties have property adjoining City property that before one of the parties does anything to the City property, the City would obtain a letter of agreement from all parties involved before a fence could be placed on City property. He pointed out that if the fence were extended, it would take away his view of the lake, which was the reason he pumhased the house. Ms. Karen Main in the Building Department did inform him that she would require a letter of permission from him if the neighbor applied for a permit to extend the fence. Mayor Taylor stated that this issue would be referred to staff. Mr. Miller made allegations that this neighbor had a "friend" in City Hall who told him if the neighbor felt annoyed by Mr. Miller checking into the legality of the extended fence, he would just proceed to build the fence, which he felt was a threat. Mayor Taylor stated that it would be difficult to review this issue since there was no actual permit to build the fence. Commissioner Ferguson felt it was inconceivable that a person could build a fence on City-owned property. Mr. Bressner requested that Mr. Miller furnish the City with his plat, so that staff could check the permit that the neighbor filed when the original fence was built. Further, the City needed to verify the type of ownership of the property adjacent to the lake, before proceeding further. Mr. Bressner also recommended that Mr. Miller speak with Quintus Greene, the Development Director. Mr. Miller was also requested to furnish a copy of his title policy because the policy would reveal the beneficial interests of the property adjoining the lake. The public audience was closed. V. ADMINISTRATIVE: Accept resignation of Robert Harper, Alternate member of the Community Relations Board Motion Vice Mayor McCray moved to accept the resignation of Robert Harper. Motion seconded by Commissioner Ferguson and carried 4-0 (Commissioner Ensler was absent from the podium). Accept resignation of Richard Brightfield, Regular member of the Arts Commission Motion Vice Mayor McCray moved to accept the resignation of Richard Brightfield. Motion seconded by Vice Mayor McCray and carried 4-0 (Commissioner Ensler was absent from the podium). 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida C. Appointments to be made: January 4, 2005 Appointment To Be Made Board Mayor Taylor Arts Commission Reg IV McKoy Bldg. Bd of Adj & Appeals Reg Mayor Taylor Bldg. Bd of Adj & Appeals Reg I Ensler Bldg. Bd of Adj & Appeals Alt II McCray Bldg. Bd of Adj & Appeals Alt II McCray Cemetery Board Alt I Ensler Code Compliance Board Alt II McCray Code Compliance Board Alt Length of Term Expiration Dato 3 yr term to 4/06 3 yr term to 4/07Tabled (3) 3 yr term to 4/07Tabled (3) 1 yr term to 4/05Tabled (3) 1 yr term to 4/05Tabled (3) 1 yr term to 4/05Tabled (2) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05Tabled (2) I Ensler Community Redevelopment Agency Reg 4 yr term to 4/09 II McCray Community Redevelopment Agency Reg 4 yr term to 4/09 III Ferguson Community Redevelopment Agency Reg 4 yr term to 4/09 Community Relations Board Alt Ensler 1 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/05 Mayor Taylor appointed Cheryl K. Arflin as a Regular Member of the Ads Commission. ,Motion Vice Mayor McCray moved to approve the appointment of Cheryl K. Arflin as a Regular Member of the Arts Commission. Motion seconded by Commissioner McKoy and carried 4-0. (Commissioner Ensler was absent from the podium). Mayor Taylor tabled his appointment to the Building Board of Adjustment and Appeals Commissioner Ensler was not at the podium, and Mayor Taylor moved to Vice Mayor McCray to make his appointments. Vice Mayor McCray tabled his appointments to the Building Board of Adjustment and Appeals, Cemetery Board and the Code Compliance Board. Since Commissioner Ensler had not returned to the podium, Mayor Taylor moved to Vice Mayor McCray for his appointment to the Community Redevelopment Agency. Motion Vice Mayor McCray appointed Jeanne Heavilin to the Community Redevelopment Agency. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Vice Mayor McCray noted that Ms. Heavilin is the current Chairperson of the CRA and commended her for doing an excellent job. Vote Motion seconded by Commissioner McKoy and carried 4-0. (Commissioner Ensler was absent from the podium). Motion Commissioner Ferguson appointed Steve Myott to the Community Redevelopment Agency. Motion seconded by Vice Mayor McCray and carried 4-0. ~Commissioner Ensler was absent from the podium). Commissioner Ensler returned to the podium at 7:08 p.m. Commissioner Ensler tabled all of his appointments except his appointment to the Community Redevelopment Agency. Motion Commissioner Ensler appointed Stormet Norem to the Community Redevelopment Agency. Motion seconded by Commission McKoy. Motion carried 4-1 (Vice Mayor McCray dissenting). All other appointments were tabled. 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: Agenda Preview Conference - December 3, 2004 Regular City Commission Meeting - December 7, 2004 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget Rescind the contract for the Bid "RE-BID FIVE YEAR CONTRACT FOR SNACK/COLD FOOD VENDING MACHINES", BID #062- 1412-04/CJD that was approved on August 3, 2004 to ALL SEASONS SERVICES, INC. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 C. Resolutions: Proposed Resolution No. R05-001 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Roberto Huerta for the property at 1043 Highview Road, Lake Worth, FL (Ridge Grove ADD NO 1 LT 213 & W 1/2 of LT 214) Proposed Resolution No. R05-002 Re: Authorizing the execution of a Traffic Enforcement Agreement between the City of Boynton Beach and the Boynton Lakes North Community Association Proposed Resolution No. R05-003 Re: Authorizing the execution of an Agreement for Water Service Outside the Ci~ Limits with Michael and Tammy Smith for the property at 3960 89 Road S, Boynton Beach, Florida (18-45-43, S 110 FT OF WLY 339.10 FT of SW 1,4 OF SW lA (LESS W 40 FT LAWRENCE RD R/W) Proposed Resolution No. R05-004 Re: Authorizing and approving the Scope of Services Agreement for the fiscal year 2005-06 Fire Assessment Work Plan with Government Services Group, Inc, at a cost not to exceed $22,000 Commissioner Ferguson removed Item C.4 from the Consent Agenda for discussion. Proposed Resolution No. R05-005 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Chad Bronkie for the property at 1075 Alto Road, Lake Worth, Florida (Ridge Grove ADD NO 1, E 30 FT OF LT 332 & W 30 FT OF LT 333) Proposed Resolution No. R05-006 Re: Approving a mutual aid agreement with Palm Beach County Law Enforcement agencies for operational assistance and voluntary cooperation between the agencies Proposed Resolution No. R05-007 Re: Authorizing the execution of a Special Warranty Deed conveying title to Nadge Eldor for MEEKS & ANDREWS ADDITION, Lot 4, Block 3 Proposed Resolution No. R05-008 Re: Executing an Interlocal Agreement between Palm Beach County and the City of Boynton Beach to continue the lease and to operate five (5) transit coaches purchased by the County through a United States Department of Transportation Federal Transit Administration grant 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Proposed Resolution No. R05-009 Re: Authorizing ratification of the execution of an Agreement for Water Service Outside the City Limits with Bruce R. Jan/is and Nancy L. Reagan for the property located at 810 Bamboo Lane in unincorporated Palm Beach County 10. Proposed Resolution No. R05-010 Re: Authorizing execution of an Agreement for Water Sen/ice Outside the City Limits with Alweiss Enterprises for the proposed project known as Delray Commons, located along the west side of Military Trail between Steiner Road and the LWDD L-29 Canal 11. Proposed Resolution No. R05-011 Re: Accepting the Animal Services Contract between the City of Boynton Beach and Palm Beach County for reimbursement of certain Animal Care & Control Sen/ices 12. Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies Mayor Taylor reported that Item C.12 has been postponed to the first meeting in February. D. Ratification of Planning & Development Board Action: St. Gregor~ Armenian Church (SPTE 04-011) - West of Southwest 8~' Street, South of Boynton Beach Boulevard - Request for a one (1) year time extension of the site plan approval granted on September 2, 2003, from September 2, 2004 to September 2, 2005 (POSTPONED TO JANUARY 18, 2005 AT APPLICANT'S REQUEST) E. Ratification of CRA Action: None Return cash bond of $8,596.50 to Van Tassel-Proctor, Inc. for the project known as Autozone Approve the release of Letter of Credit #3020336 (Bank of America) in the amount of $5,000 Authorize the Utilities Department to turn over $34,337.02 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 that same amount 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the sale of same Approve the release of Letter of Credit #SRE1000592 (Lyndon Property insurance Co., dated 11/21/03) in the amount of $255,796.20 in connection with the Renaissance Commons Excavation & Fill Permit #03- 3483 Approve the return of cash bond of $660 to Anderson-Moore Construction for the project known as Monahan & Monahan located at 703 West Boynton Beach Blvd. Approve the return of cash bond of $13,350 to RSB Ventures for the project known as Walgreen's (retail shell buildings & doctor's office) located at 1601 South Congress Avenue Approve the "COASTAL BAY COLONY REPLAT, A P.U.D.", conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Survey & Mapper) Approve the "PALMYRA ESTATES P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Survey & Mapper) Motion Commissioner McKoy moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray and unanimously carried. Proposed Resolution No. R05-004 Re: Authorizing and approving the Scope of Services Agreement for the fiscal year 2005-06 Fire Assessment Work Plan with Government Services Group, Inc, at a cost not to exceed $22,000 Commissioner Ferguson noted that the hourly fees charged by Government Services Group, Inc. was not included. Since there were no changes in the rates, he questioned the need to hire an outside firm to do work, and felt that this was something that staff could handle. Mr. Bressner favored continuing the services of Government Services Group, Inc. The City is in litigation over the fire assessment and he would like to continue the method used in determining the rates. With regard to having staff do the work, staff had many other projects that needed to be addressed and that it would be best for GSG to continue the work at a reasonable cost. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Motion January 4, 2005 Commissioner Ferguson moved to deny Item C.4. The motion died for lack of a second. Motion Vice Mayor McCray moved to approve Item C.4. Motion seconded by Commissioner McKoy. The motion carried 4-1 (Commissioner Ferguson dissenting). VII. CODE COMPLIANCE & LEGAL SE'I-I'LEMENTS: Approve the Code Compliance Board's motion to reduce the lien in Case 02-828 from $6,325 plus administrative costs of $826.18 to a total of $1,826.18 Mr. Scott Blasie, Code Compliance Administrator, noted that this item was before the Commission at the request of the applicant, Mr. Alan Klasfeld. The property is a condominium in the Sandlewood Community. Before the applicant pumhased the property, it was in deplorable condition and the water had been shut off. The Association foreclosed on the property and the applicant purchased the unit at foreclosure sale. The applicant paid the water bills and brought the property into compliance. The applicant appeared for a lien reduction and was amenable to paying the administrative costs of $826.18. However, the Code Compliance Board also assessed an additional $1,000 for a total fine of $1,826.18. Mr. Blasie explained that it is the intent of the Code Compliance Division to bring properties into compliance and since this applicant did not create the situation, he felt that the fine was somewhat high. Mayor Taylor pointed out that there was an error in the agenda that stated the administrative costs were $1,826.18. Attorney Cherof confirmed that the administrative costs were, in fact, $826.18. Alan Klasfeld assumed the podium and Mayor Taylor inquired if he was aware that there were liens on the property when he purchased it. Mr. Klasfeld responded that he was aware of this and explained that two years ago he immediately brought the property into compliance and thought that the case has been settled. He only recently learned that there was a lien on the property. Mayor Taylor inquired why the Code Compliance Board chose to add an additional $1,000 to the fine. Mr. Blasie felt that it was the Board's philosophy that when people purchase property at foreclosure they are in it for the money. However, the Code Compliance Division likes to see this kind of activity happen in the City because properties are improved that would otherwise remain neglected and unsightly. There are over 100 abandoned buildings in the CRA area. If these types of investors were 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 discouraged from coming into the City, it would be a detriment to the City. Mr. Blasie would like the City of Boynton Beach to be a user-friendly City. Motion Commissioner Ferguson moved to reduce the fine from $1,826.18 to $826.18 for administrative expenses only. Motion seconded by Vice Mayor McCray and unanimously carried. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A Project: Agent: Owner: Location: Barr Property (LUAR 04-009) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1sT READING OF PROPOSED ORDINANCE NO. 04-090) - TABLED TO JANUARY 18, 2005 Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) (1sT READING OF PROPOSED ORDINANCE NO. 04-091) TABLED TO JANUARY 18, 2005 Proposed use: Townhouse community of 180 units Barr Property (NWSP 04-013) - 1801 NE 4th Street -Request new site plan approval for a 180-unit townhome development on a 9.88 acre parcel in a proposed PUD zoning district - TABLED TO JANUARY 18, 2005 C. Project: Monterey/Congress Community Development District Agent: Peter L. Pimentel Owner: Westbrooke Homes Location: East side of Congress Avenue, north of the L.W.D.D. Canal L-30 Description: Request establishment of a Community Development District (CDD) for the Monterey Development, a residential project approved for 300 townhomes on a pamel located on Congress Avenue north of the L.W.D.D. Canal L-30 (1sT READING OF PROPOSED ORDINANCE NO. 05-001) Attorney Cherof read proposed Ordinance No. 05-001 by title only. James DeCocq, District Manager of Special District Services, Inc., 11000 Prosperity Farms Road, Suite 104, Palm Beach Gardens, Florida 33410, explained Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 that this was the first reading of the Ordinance to create a Community Development District (CDD). There will be approximately 300 townhome units on 31~ acres along the City's southern border on Congress Avenue. The size of the units would be from 1,100 square feet to 1,600 square feet at prices between $180,000 to $225,000 per unit. The purpose of creating a CDD is to provide a mechanism to create and purchase the public infrastructure that is needed to run the development, which is unique from a traditional development. The project is separate from the CDD and was already approved by the Commission. By creating a CDD, they would be able to utilize Iow- interest bonds to fund the stormwater drainage system, potable water systems and sewer systems, as well as wetland mitigation and offsite improvements, which is a turn lane on a County road. The cost for these projects is approximately $3.467 million, which will be funded through a bond issue. They would like to have all the infrastructure in place by March 2005, since it will take approximately two to three months to go through the bond process. At that time, the CDD would pumhase the infrastructure from the developer and maintain it in perpetuity. The petition also provides that the potable water system and the sanitary sewer system would be granted to the City. The offsite improvements would be given to the County, not the City as indicated in the documents, which was an error. Commissioner Ensler noted that the definition in the documents only included the total area, not the legal definition of the wetland mitigation area. Further, the responsibility of the CDD for the wetland mitigation area was not spelled out in the documents, nor was it indicated on the map. Commissioner Ensler would like language added so that the Ordinance would clearly define the wetland mitigation area and the responsibility of the CDD in maintaining this area in perpetuity. Mr. DeCocq explained that the wetland mitigation area is an expansion of an existing preserve, and he will prepare a more detailed map of the site and provide a legal description. If the City so wished, he would be agreeable to enter into an Interlocal agreement between the City and the CDD indicating that none of this would be the responsibility of the City. This information will be available for the second reading of the Ordinance. Vice Mayor McCray inquired if the changes that he recommended at the Agenda Conference were made. Mr. DeCocq spoke with staff today regarding these corrections and they will be made before the second reading. Ms. Hanna Matras, Planner, stated that staff was recommending approval of the petition since it would have no direct impact upon the City. She pointed out that this will be the third CDD in the City. Mayor Taylor announced the public hearing. Since no one wished to speak, the public hearing was closed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Motion Commissioner Ensler moved for approval, subject to the comments and agreements expressed at this meeting. Motion seconded by Vice Mayor McCray. Secretary Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: Discussion of revised 2005 CRA and Planning and Development Board Review Schedules Mr. Bressner is recommending that the schedules for the CRA and Planning and Development Boards be changed. He would like to have the review cycle by the City Commission expanded in order to allow the City Clerk's Office to have the draft minutes of those Boards available in the agenda packet when the Commission has to consider land use changes, rezoning, variances, etc. Under the current schedule, this data is not available to the Commission. It would benefit those Commissioners who do not attend those meetings to be made aware of what transpired at the meeting. Mr. Bressner was not in favor of merely having a synopsis prepared by City staff of what took place at the meetings. If additional issues surfaced relating to an item being presented, this would provide Legal more time to review those issues. Attorney Cherof also explained that it was important that the minutes be available for the general public to provide them with an opportunity to participate in the public hearings. Vice Mayor McCray originally was not in favor of the change in the schedules, but after considering the circumstances and in order to allow the public an opportunity to participate in public hearings, he was now in favor of the schedule change. However, he wanted assurances that the City would remain user friendly and was opposed to creating barriers for developers wanting to come into the City. Commissioner Ferguson was opposed to delaying the public hearing items coming to the Commission and felt that this was not "user friendly." He recommended that the meeting dates of the two Boards be changed to the first and third Wednesdays of the month so that the minutes could be available for the agenda packets. Mr. Bressner stated that staff had discussed this, but discovered that there were conflicting events in the Community on Wednesday nights that would make it difficult for the CRA to meet. Vice Mayor McCray pointed out that when people volunteer for Boards they are made aware of the meeting dates and times and he felt that to change those dates would cause an inconvenience for Board members. He did recommend looking at changing the dates at a future time. Commissioner Ensler inquired about the timing for development of a site and how long does the entire process take. Mike Rumpf, Planning and Zoning Director, stated that it normally would take between two and three months for site plan approval and for permitting it would take at least an additional month, if not more. Commissioner Ensler Xl. XII. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 did not think that adding two weeks on to a three to four month process would result in a significant change. Mr. Rumpf felt that the applicants would probably not be in favor of this change. Mayor Taylor recommended approving the time change and if an exception were needed for a particular project, an adjustment could be made to the time schedule. He was not opposed to the additional two-week change. Motion Vice Mayor McCray moved for approval. Motion seconded by Commissioner Ensler and carried 4~1 (Commissioner Ferguson dissenting). X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Review of 2005 Hurricane Season (January 2005) E. Revamp of CDBG Allocation Process (January 2005) F. City Commission District Boundary Review (February 1,2005) G. Annexation of Enclaves (TBA) H. Hurricane Design for Public Buildings I. Town Square II Report (January 31,2005) Recreation & Open Space Comprehensive Plan Presentation (January 31 2005) ' NEW BUSINESS: A. Discussion verification) REQUEST) of Suspended Animation, Inc. (proposed use for zoning (POSTPONED TO FEBRUARY 1, 2005 AT APPLICANT'S LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 1. None B. Ordinances - 1st Reading Proposed Ordinance No. 05-002 Re: Amending Chapter 16, Parks and Recreation, Article II, City Parks and Beaches, by adding a new Section 16-28, "Bounce Houses" to provide for the regulation of bounce houses and other inflatable playground equipment at City parks Attorney Cherof read proposed Ordinance No. 05-002 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-002. Motion seconded by Vice Mayor McCray. Commissioner Ensler noted that at the pre-agenda meeting he suggested that the word "parks" be changed to "property" and requested that the motion include this amendment. Commissioner Ferguson and Vice Mayor McCray agreed to the modification of wording in Section 16-28 of the Ordinance. Vote Secretary Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-003 Re: Amending Chapter 14, "Motor Vehicles and Traffic", amending Section 14-9, "Disabled Parking Space Violation" of the Code of Ordinances, providing for dismissal of disabled parking violation citations under specified cimumstances and for an administrative fee associated therewith Attorney Cherof read Proposed Ordinance No. 05-003 by title only. Motion Commissioner Ferguson moved for approval with the exception of the $25 administrative fee. Motion seconded by Commissioner Ensler. Mr. Bressner commented that the second paragraph in of sub-section (4) would be stricken in its entirety. A survey of other communities was done and staff determined that those communities do not charge administrative fees. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Vote Secretary Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-004 Re: Amending Section 2-20(a) of the Code of Ordinances regarding quasi-judicial hearings; adding site plan extensions and abandonments to the list of quasi-judicial proceedings, providing for notice and procedures Attorney Cherof Read Proposed Ordinance No. 05-004 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-004. Motion seconded by Commissioner Ferguson. Commissioner Ensler inquired if the list of items in Section 2-20(a) was a complete list of items that come before the Commission from the Planning and Developing Board. Mr. Rumpf stated that there are other items not listed that would be identified as "quasi- judicial, "such as a DRI, NOPC, use approvals, code reviews and others. The items not mentioned, such as an NOPC, have different advertising requirements that are defined by State Statute. Mr. Rumpf questioned if use approvals should be added to the Ordinance. Commissioner Ensler noted that the list contained "conditional use approvals" and Mr. Rumpf stated that a "use approval" was different from a "conditional use approval." Attorney Cherof could amend the Ordinance to add another section that could be titled "other public hearings announced as quasi-judicial hearings ahead of time." Commissioner Ensler inquired why the Community Redevelopment Board was not included in the Ordinance. Attorney Cherof explained that the CRA is a separate legal entity in charge of their own dealings and should be governed by their own rules and regulations for quasi-judicial hearings. Commissioner Ensler inquired if the CRA adopted the City's Ordinance. Attorney Cherof was not certain if there was any specific rule that the CRA must follow the City's Ordinance. Commissioner Ensler requested that Doug Hutchinson, CRA Director, respond to this question. Mr. Hutchinson was not certain how this was handled and will have the CRA legal staff respond to Commissioner Ensler's concern. Mr. Bressner pointed out that when the CRA became an independent agency, the Commission delegated the land use review procedures to the CRA. This equates to two Boards performing the same functions, but in separate areas of the City. Therefore, he felt that the CRA should be included in the proposed Ordinance. Staff will research this prior to the second reading of the Ordinance. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 Mayor Taylor asked the maker and seconder of the motion it they agreed with the change to the list of quasi-judicial proceedings that the Attorney Cherof recommended. Vice Mayor McCray and Commissioner Ferguson agreed to this new language. Vote Secretary Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26- 406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown stormwater improvement watershed Attorney Cherof read Proposed Ordinance No. 05-005 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-005. Motion seconded by Vice Mayor McCray. Commissioner Ensler stated that the Ordinance was not clear on who would make the decision to accept land in lieu of capital and he would like this clarified. He recommended adding appropriate language to Section (4) that would read, "By resolution, the city commission may, at its option, accept ownership..." Commissioner Ensler felt that Section (c) on page 4 of the Ordinance needed clarification and that the language should be changed to read "land, or land plus fee," so that the total would be equal to the fee. Mayor Taylor stated that only the City could agree to accept land in place of money, since the developer is the one that has the land. Attorney Cherof agreed with Mayor Taylor and noted only the City could determine this. Clarification language dealing with land plus fee when appropriate will be added to the Ordinance. Mayor Taylor inquired if the maker and seconder of the motion agreed with the revisions. Commissioner Ferguson and Vice Mayor McCray stated that they agreed to the revisions. Vote Secretary Prainito called the roll and the motion carried 5-0. C. Resolutions: None 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 D. Other: Request City Commission meet in a closed-door session to discuss the City of Boynton Beach vs. Barcelona Pottery lawsuit Attorney Cherof noted that State law required that he request a closed-door session at a public hearing and suggested the closed-door session be held immediately following the January 18, 2004 City Commission meeting to discuss the City of Boynton Beach versus Barcelona Pre-cast, Inc. lawsuit. This was agreeable with the Commissioners. Xlll. UNFINISHED BUSINESS: XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 7:52 p,m. City of Boynton Beach /~ Cit~Clerk ~or~mi~=~/~ (January 5,2005)