Minutes 04-01-05MINUTES OF THE AGENDA PREVIEW MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON FRIDAY, APRIL 1, 2005, AT10;00 A.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. Call to Order
Mayor Taylor called the meeting to order at 10 a.m.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Ferguson asked to add under D, Ratification of CRA Actions, Car Wash issue. He stated
it had been included on the original draft Agenda. He moved to add it back into the Agenda for April 5th..
Mr. Bressner stated the procedure adopted by the City Commission by resolution required the minutes of
the Advisory Board to be completed and distributed to the Commission for review before an item could
appear on the Agenda.
Commissioner Ferguson indicated he had received the minutes and asked to make an exception to the
procedure. Mr. Bressner reiterated the purpose of the resolution was to provide all the information in the
Agenda packets for review. He recommended the policy be followed. Attorney Cherof added in addition
to the benefit the minutes provide to the Commission, the minutes give the public an opportunity to
decide whether they want to participate in the meeting. He also recommended that the process be
continued as adopted for scheduling follow up to Board meetings.
Vice Mayor McCray stated if the procedure was adopted by the Commission, he felt it should be
revisited. He also had his minutes and requested the scheduling issue be revisited. Commission Ferguson
asked for a second to his motion. Vice Mayor McCray seconded the motion.
Mayor Taylor asked for discussion and stated he did not have the minutes and would not support the
motion. Commissioner Ensler stated it would be unfair to the people at Golfview Harbour, Chanteclair,
Palm Way and Hunter's Run who would like to come and speak on the issue if the item was moved at the
last minute. Vice Mayor McCray asked who informed the residents the issue was being rescheduled.
Commissioner Ensler stated the residents were originally told it would be at the meeting on April 5th.
When the official schedule was released, the residents were informed it would be on the second meeting
in April.
Vice Mayor McCray again asked the resolution or policy regarding having the minutes and scheduling of
items on the Agenda from P&D and CRA be revisited. Mayor Taylor stated he did not have a problem
revisiting the issue but suggested it be done at a regular Commission meeting.
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
The motion to add the Car Wash issue onto the agenda for April 5, 2005 was passed 3 to 2, (Mayor
Taylor and Commissioner Ensler dissenting)
Mayor Taylor stated he felt it was wrong to overrule an existing policy that cannot be changed until the
next meeting.
Commissioner Ferguson stated he had another issue to add under D, the Quantum Park height issue. He
moved the item also be added to the April 5th agenda. Mayor Taylor indicated he would not vote against
adding for the same reason. He asked when the minutes were received by the other Commissioners and
indicated he had not read the minutes. Commissioner Ferguson indicated the P&D minutes were received
a couple of days ago. The CRA minutes were received in two installments; the first part was received on
March 31 st, and the second part the day after.
Mr. Bressner commented he had some substantive issues with the staff report regarding the approach that
has been recommended by the City staff. He stated he asked for a legal review of whether elements of the
SMU ordinance can be imported into the PID ordinance without proper notice. Mr. Bressner felt the
Legal Department should have an opportunity to review the matter to assure the City is not vulnerable to a
legal challenge. He cautioned the Commission if the item was placed on the agenda there may be legal or
procedural issues that need to be addressed by the legal staff.
Commissioner Ferguson stated he had attended the P&D meeting and it was stated at that meeting there
would be enough time for review if the item was passed by P&D. Mr. Bressner stated he had not been
consulted on the issue. Commissioner felt that government delayed is government denied and reaffirmed
his motion to place the Quantum height ordinance on the April 5th agenda. Vice Mayor McCray seconded
the motion.
Commissioner McKoy asked if staff had indicated they would have time to prepare this for the April 5®
meeting. Attorney Cherof indicated he would have it prepared in whatever time frame the Commission
wanted to consider the matter.
The motion passed 3-2 (Mayor Taylor and Commissioner Ferguson dissenting).
Vice Mayor McCray asked if the time line to hear the resolution regarding the utility director who was
filling in was still set for April 15th. Mr. Bressner stated Mr. Gomez would only be participating as a
citizen after this meeting.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
B. Community and Special Events:
Concert on the Green, Saturday, April 16, at The Links at Boynton Beach, 8020 Jog
Rd., featuring Bad Company former lead singer Brian Howe. Gates open 6 P.M.,
Concert 8 P.M. Tickets $20 at City Hall, City Hall in the Mall, The Links, online at
www.ticketweb.com or at the gate.
C. Presentations:
2
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
1. Proclamations:
a. Arbor Day - April 29th
Mayor Taylor stated staff should be prepared to discuss the Concert on the Green. The Proclamation
would be presented.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made Board
Length of Term
Expiration Date
I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
IV McKoy Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
III Ferguson Adv. Bd. On Children & Youth Stu/Reg/Voting 1 yr term to 4/06
IV McKoy Adv. Bd. On Children & Youth Stu/Reg/Voting 1 yr term to 4/06
Tabled (2)
I Ensler Arts Commission Reg 3yr term to 4/08
II McCray Arts Commission Reg 3 yr term to 4/08
III Ferguson Arts Commission Alt 1 yr term to 4/06
IV McKoy Arts Commission Alt 1 yr term to 4/06
I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07
II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
Mayor Taylor Bldg Bd of Adj & Appeals Reg 3 yr term to 4/08
I Ensler Bldg Bd ofAdj & Appeals Reg 3 yr term to 4/08
IV McKoy Cemetery Board Alt 1 yr term to 4/06
Mayor Taylor Cemetery Board Reg 3 yr term to 4/08
IV McKoy Code Compliance Board Alt 1 yr term to 4/06
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06
I Ensler Code Compliance Board Reg 3 yr term to 4/08
II McCray Code Compliance Board Reg 3 yr term to 4/08
III Ferguson Code Compliance Board Reg 3 yr term to 4/08
IV McKoy Code Compliance Board Reg 3 yr term to 4/08
Tabled (3)
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
IV McKoy
Mayor Taylor
I Ensler
II McCray
III Ferguson
IV McKoy
Mayor Taylor
I Ensler
II McCray
III Ferguson
IV McKoy
Mayor Taylor
I Ensler
II McCray
Mayor Taylor
I Ensler
II McCray
III Ferguson
1V McKoy
Mayor Taylor
III Ferguson
IV McKoy
Mayor Taylor
I Ensler
II McCray
I Ensler
II McCray
III Ferguson
IV McKoy
I Ensler
II McCray
III Ferguson
IV McKoy
Mayor Taylor
I Enster
IV McKoy
I Ensler
II McCray
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Education Advisory Board
Golf Course Advisory Committee
Library Board
Library Board
Library Board
Library Board
Library Board
Library Board
Planning & Development Board
Planning & Development Board
Planning & Development Board
Planning & Development Board
Planning & Development Board
Recreation & Parks Board
Recreation & Parks Board
Recreation & Parks Board
Recreation & Parks Board
Senior Advisory Board
Senior Advisory Board
Senior Advisory Board
Senior Advisory Board
Senior Advisory Board
Senior Advisory Board
Employees' Pension Board
Firefighters' Pension Board
Firefighters' Pension Board
Alt
Alt
Reg
Reg
Reg
Sm
Reg
Reg
Reg
Reg
Alt
Alt
Stu
Reg
Reg
Reg
Reg
Reg
Alt
Alt
Reg
Reg
Reg
Alt
Alt
Reg
Reg
Alt
Alt
Alt
Reg
Reg
Reg
Reg
Alt
Reg
Reg
Reg
1 yr term to 4/06
1 yr term to 4/06
3 yr term to 4/08
3 yr term to 4/08
3 yr term to 4/08
1 yr term to 4/06
2 yr term to 4/07
2 yr term to 4/07
2 yr term to 4/07
2 yr term to 4/07
1 yr term to 4/06
1 yr term to 4/06
1 yr term to 4/06
5 yr term to 6/10
3 yr term to 4/08
3 yr term to 4/07
3 yr term to 4/08
3 yr term to 4/08
1 yr term to 4/06
1 yr term to 4/06
2 yr term to 4/07
2 yr term to 4/07
2 yr term to 4/07
1 yr term to 4/06
1 yr term to 4/06
3 yr term to 4/08
3 yr term to 4/08
1 yr term to 4/06
1 yr term to 4/06
1 yr term to 4/06
2 yr term to 4/07
2 yr term to 4/07
2 yr term to 4/07
2 yr term to 4/07
1 yr term to 4/07
3 yr term to 4/08
2 yr term to 4/07
2 yr term to 4/07
Tabled (2)
Tabled (2)
Tabled (2)
4
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
Mayor Taylor Police Officers' Pension Board Reg 2 yr term to 4/07
I Ensler Police Officers' Pension Board Reg 2 yr term to 4/07
Mayor Taylor suggested for the Commission's consideration that the Regular appointments be made first
before Alternate appointments. Commissioner Ferguson asked if each board would be covered
completely and the motion made. Commissioner Ensler added Student Regular Voting should come
before Student Non-Voting. All Commissioners agreed to the suggested procedure.
Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in
the 2004-2005 Adopted Budget.
Approve the piggyback on the extension of the three-year contract of Solid Waste
Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills,
Florida for Debris Collection and Disposal 2005 Hurricane Season. All expenses
are eligible for reimbursement through FEMA on a percentage basis. Terms of
Approval: June 1, 2005 through May 31, 2006. (Proposed Resolution No. 05-
050)
Vice Mayor McCray indicated the date of 2007 might be incorrect since a one year renewal would be
2006. Mr. Bressner stated the caption did not match the staff report. Attorney Cherof suggested the term
of approval should read 2006. Jeff Livergood, Director Public Works, indicated the cover memo under
term of approval should be 2007. Mr. Bressner stated the document states May 31, 2006 with a one year
renewal. The basic contract is through May, 2006 and then an option for a one year renewal so 2006 is
correct. Vice Mayor McCray asked if it was not a three year contract. Mr. Bressner stated it is a three
year contract with a one year option to add on another year. The current contract is a three year contract
and the request is to extend it through May 31, 2006. The contract states there is one more, one year
extension to 2007. Mr. Bressner explained in 2004 Mr. Atkins wrote the contract was 2004 to 2007. The
contract listed on page two of the proposal states the term of the agreement was June 1, 2005 through
May 31, 2006 subject to a one year renewal through May 31st at the request and discretion of the City.
The underlying contract is through May 31, 2006 and then it would come back to the Commission for
renewal of the contract through 2007. Vice Mayor McCray pointed out the papers from the City of
Boynton state we agree to the existing terms and condition through 2007 from March 3, 2004.
Bill Mummert, Director of Finance stated the request for a one year extension. The piggy back contract is
for three years. The request is only for one year, the 2006 hurricane year. Next year can be another
request and still be within the three year period, for the 2007 humcane year. The request is for one year
at a time. The three year contract is with the county and the City has the ability to piggy back on any of
those three years. The request was seeking approval for the upcoming hurricane season for a one year
period to use Phillips and Jordan. In essence Mr. Bressner stated, to evaluate the services and program
for a one year period. Attorney Cherof stated the documents can be conformed at the Commission
direction for the meeting. Mayor Taylor stated the Vice' Mayor is correct and the papers need to be
corrected. Mr. Bressner reminded the Commission if a two year contract is entered into and after one
year the City is not satisfied with the services, then a termination of contract process will be necessary.
He felt a one year contract would be sufficient. Vice Mayor McCray stated the paperwork as submitted
was confusing and needed to be corrected.
5
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
All Commissioners agreed the contract should run through 2006 and Attorney Cherof indicated the
paperwork would be adjusted to reflect 2006.
Award Bid #016-2821-05/JA, "EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO", to Southeast Drilling
Services, Inc. (SED); and, to execute a contract by resolution in the amount of
$5,723,035.00 plus a contingency of 15% in the amount of $858,455.25 for a total
project budget appropriation of $6,581,490.25. (Proposed Resolution No. 05-051)
Vice Mayor McCray indicated he would pull this item because he felt the public should hear from staff
what is being done. Mr. Bressner stated a presentation would be prepared.
Commissioner Ensler stated there would be an issue with the appropriateness of the hours of operation in
the contract. The noise level would be about eighty-five decibels which is extremely loud. There are
thirteen wells being drilled thoughout the City. He also had an issue with what takes place when the
Florida Aquifer is broken. At that time operations must be continuous, twenty-four hours a day.
Commissioner Ensler suggested an Outreach Program or Scheduling Program may be necessary. Mayor
Taylor suggested notification of adjacent property owners would be needed. Commissioner Ensler asked
what hours of operation would be suitable for the people that each Commissioner represents.
Ratify previous emergency action taken by the City Manager to approve the
contract from Crain Engineering Company, Inc. for professional inspection
services rendered to the Boynton Terrace Apartment complex in the amount of
$25,000 plus an additional expenditure of $1,845.44 beyond the not to exceed
amount as a result of outside printing and binding costs not included in the
original scope of work.
Vice Mayor McCray questioned the wording on this item. He asked for an explanation of the wording,
"beyond the not to exceed amount".
Quintus Greene, Director of Development stated the original consultant fee was $25,000 for the report.
After the report was completed, there was a demand from HUD, all the property owners, all interested
parties and the media, for additional copies including all the background information.
Vice Mayor McCray suggested the words, "beyond the not to exceed amount" should be omitted. All
Commissioners agreed. Commissioner McKoy asked if this was not an anticipated expense. Mr.
Bressner stated the contract specifically states the cost of only one report was included in the fee and
additional reports would be provided at $15 per copy.
4. Ratify previous emergency action taken by the City Manager to approve the
contract as written for the amount not to exceed $25,000 from Kathym L.
Pascale, CHMM, Inc. for professional inspection services rendered at the
Boynton Terrace Apartment Complex.
Vice Mayor McCray asked for clarification on the difference between item 3 and item 4. Mr. Greene
stated these were two different consulting contracts. One was for engineering services relating to the
6
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
structural integrity of the buildings. This item involved the environmental impact as a result of water
intrusion into the buildings including mold.
Mr. Bressner stated the backup materials were reversed between the two items in the agenda packets.
VI. CONSENT AGENDA:
C. Resolutions:
4. Proposed Resolution No. R05-055 RE: Approving and
authorizing the execution of an Agreement between the City of Boynton Beach
and Vantage Care Retirement Health Savings Plan regarding the disposition of
employees' sick or vacation leave upon termination.
Vice Mayor McCray requested the wording be changed in the last line to reflect sick leave or vacation
leave.
Approval of the SURPLUS VEHICLE LIST one (1) item as submitted by Public
Works/Fleet Maintenance, and allow for the sale of same.
Vice Mayor McCray stated the memo from the City included in the backup stated, "these excess
through". He suggested the memo reflect the word "this" because there is only one vehicle listed.
Authorize the use of Community Investment Funds from Commissioner Carl McKoy for
the National Youth Association for Academics and Athletes. (TABLED ON 3/15/05)
Vice Mayor McCray asked if the appropriate backup had been received. Mr. Bressner stated the backup
had just been received. Commissioner McKoy stated the item would be removed from the table.
Authorize the use of Community Investment Funds by Commissioner Mike Ferguson,
Mayor Taylor and Commissioner Carl McKoy for the Greater Boynton Beach Sister
Cities Committee, Inc. Young Artists Competition and Commissioner Ensler to the
Tomodachi Judo Club.
Commissioner Ensler pointed out the Sister Cities had requested $1500. Commissioner McKoy indicated
he would also give $500 to reach the $1500 requested.
IX. CITY MANAGER'S REPORT:
A. Annexation of Enclaves
Commissioner Ensler asked whether a vote would be required from the Commission. Mr. Bressner
answered no, it was intended as a status report and to point out what needed to be done in certain areas.
He stated If the Commission had any priorities on the annexations would be helpful. Commissioner
Ensler asked if it was the intent to go forward. Mr. Bressner stated a cost analysis would have to be done
for any areas the Commission felt necessary. Commissioner Ensler stated many are in the CRA or
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
adjacent to the CRA and felt it would be good to move forward on those for the proper planning of all of
Federal Highway. He felt the planning should be done for the entire City and the boundaries.
Mr. Bressner stated one of the reasons for delaying annexations was awaiting completion of the Fire
Station in the southeast quadrant of the community scheduled to be completed in May. Utilities services
would also have to be analyzed for those area. Each enclave should have a feasibility and desirability
study.
X. FUTURE AGENDA ITEMS:
G. Zoning in M-1 District
Attorney Cherof indicated this item should shift under Legal Resolutions and a new number assigned. He
stated the resolution established a temporary moratorium for 180 days to study M-1 zoning that front on
particular roads. Commissioner Ferguson pointed out that the body states 180 days and the first page
indicates 120 days. Attorney Cherof indicated it would be corrected. Mayor Taylor suggested the item
be listed as C. 1 under Legal.
Attomey Cherof pointed out the moratorium could potentially impact the Car Wash issue. Commissioner
Ferguson stated the Commission had previously been told it would not be affected and be grandfathered
in as part of the process. Attorney Cherof clarified if a property is in for site plan approval it moves
forward notwithstanding the zoning in progress or moratorium. This is a text amendment only and no
formal submission of a site plan. He asked staff to explain the status.
Mike Rumpf, Planning and Zoning Director, reported the site plan had been submitted and the applicant
understands it cannot go forward without a text amendment. He stated the staff, advisory board and city
commission are the only ones that process amendments to the text of the code. A text amendment
initiated privately may or may not have the same weight as an actual official site plan submitted and
vested. The City still determines the text amendment and whether that vests the project.
Mr. Bressner asked how a site plan submitted for something that is not an allowable use on the property
could have any vested rights and the site plan submitted have any standing. Mr. Rumpf stated the
applicant understood the risk of submitting the site plan.
Mr. Bressner stated the Ordinance that would establish the Car Wash as a permitted use or a special use in
the M-1 District along Congress Avenue would require two readings. He asked if the item being placed
on the Agenda from P&D would be considered the 1 st reading of the ordinance. Attorney Cherof indicated
it would not.
Mayor Taylor asked if the Commission moves on the M-1 Zoning District resolution would it freeze the
Car Wash issue. Attorney Cherof indicated he would need more information on the manner in which it
was submitted and the conversation between staff and the applicant to answer Mayor Taylor's question.
Mayor Taylor stated that information would be needed before the Commission could make a decision.
Commissioner Ensler requested staff to look into what would be reasonable for distance restrictions in the
M-1 zoning district. Mr. Rumpf mentioned that those having distance restrictions have heavier chemicals
and processes which are volatile. Current car washes would not fall in that category and it is possible to
8
MINUTES
AGENDA PREVIEW MEETING
BOYNTON BEACH, FLORIDA
APRIL 1, 2005
limit hours of operation. Commissioner Ensler asked if the recommendation would not include distance
restrictions. Mr. Rumpf did not think it would fall in the same category as those types of uses.
Adjournment
There being no further business, the meeting adjoumed at 10:41 a.m.
ATTEST:
~}e/~ty City Clerk
(040905)
9