Minutes 07-01-05
MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON FRIDAY, JULY 1,2005 AT 10 A.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor Jim Cherof, City Attorney
Bob Ensler, Commissioner Janet Prainito, City Clerk
Carl McKoy, Commissioner
Absent:
Mike Ferguson, Commissioner
I. Call to Order
Mayor Taylor called the meeting to order at 10:05 a.m.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor McCray requested the following additions to the City Manager's Report: An update
and status report on the Human Resource Director position including a timetable; comments
from Chief Gage and the City Manager referencing an article in the Sun-Sentinel and the police
department; and an update on the stolen generators.
2. Adoption
III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS, &: PRESENTATIONS:
A. Announcements:
Commissioner McKoy asked that staff present information regarding the Art Explosion at the
Hester Center on July 8th.
C. Presentations:
2. Presentation by Chief Bingham of Fire Rescue vehicle #837, a 1992
reserve rescue vehicle that has been completely refurbished and
retrofitted to serve as a Fire Scene Investigation unit as well as a
Community Relations Support Vehicle. Total cost was $15,000. Cost of a
new vehicle would be approximately $65,000 - $85,000.
1
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
Vice Mayor McCray inquired if the vehicle would be present for viewing and Chief Bingham
replied it would be set up in front of the Chambers.
VI. CONSENT AGENDA:
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the piggy-back of Palm Beach County Bid #05-064/MP with
Playmaker Services, LLC of Delray Beach, FL to purchase playground
equipment for Meadows Park for $54,295.70 and Boynton Lakes Park for
$25,415.71 for a total of $79,711.41.
Vice Mayor McCray asked if this was the same type of equipment presently in the City parks or
an upgrade. Jody Rivers, Supervisor in Recreation and Parks, stated the equipment would be
an upgrade.
2. Approve the purchase from Oilmen's Truck Tanks, Inc. in the amount of
$26,400.00 for a new 1,500-gallon aluminum skid mounted diesel fuel
tank to be used as an alternative fueling source prior/during and after a
hurricane emergency.
Vice Mayor McCray asked if a protective barrier would be in place to protect the tank from
damage and explosion. Jeff Livergood, Director of Public Works stated the trailer would be
mounted and only full when being used. It would be parked in the yard and well protected
most of the time.
4. Approve purchase from MoreDirect for a UPS (uninterruptible power supply)
for the Police Department Computer system in the amount of
$11,130.00.
Vice Mayor McCray asked for an explanation how the uninterruptible power supply would
benefit the police department and what is in place at the present time. Chief Marshall Gage
replied the present UPS in the tech service section serviced the Computer Aided Dispatch
system for dispatchers as well as the mobile units. In June the unit was burned out by a power
surge during a storm and the protection level suffered. The dispatch is absolutely critical. Vice
Mayor McCray inquired about the time frame for installation if the purchase is approved. Chief
Gage reported the order would be shipped immediately and would be installed within two or
three days.
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
2
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
B. PROJECT: Commercial Uses in PUD Planned Unit Development
District (CDRV 05-011)
AGENT: Staff-initiated
LOCATION: PUD Planned Unit Development District
DESCRIPTION: Request to amend the Land Development Regulations,
Chapter 2.5 Planned Unit Development, Section 9.D
Commercial Standards, to allow commercial uses to front
on exterior or perimeter streets, when such locations are
consistent with adopted redevelopment plans. (1st
reading of Proposed Ordinance No. 05-031)
Commissioner Ensler asked if the amendment applied to the entire city. Dick Hudson, Senior
Planner, stated the areas affected would be in redevelopment areas along major corridors. No
redevelopment plans are in place west of 1-95. The change would be City wide in the future.
Commissioner Ensler felt the matter should then go to the P&D Board for their review also.
Attorney Cherof agreed. Commissioner Ensler suggested it would be helpful to know what
redevelopment plans and property would be affected. Attorney Cherof pointed out this is only
the first reading of the enacting ordinance and could then be deferred to the Planning and
Development Board for review. Mr. Hudson stated there was urgency to the issue since it
involved the redevelopment of the Gulfstream Mall Project. The current language states that
any commercial had to be internal to the project to stop strip development in suburban areas.
If the commercial is along Federal, that will be consistent with the development in the area.
Attorney Cherof suggested adding the language "east of 1-95" to the Ordinance on page one,
paragraph D that would allow the issue to move forward, deal with the urgency issue and then
comeback to make it City wide at the appropriate time.
C. PROJECT: Peninsula at Boynton Beach (LUAR 05-004)
AGENT: Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
OWNER: Jennie Smith
LOCATION: East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
DESCRIPTION: Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial and High Density
Residential to Special High Density Residential. (1st
reading Proposed Ordinance No. 05-032)
Request to rezone from C-3 Community Commercial
District and R-3 Multiple family Dwelling District to IPUD
Infill Planned Unit Development. (1st reading Proposed
Ordinance No. 05-033)
PROPOSED USE: 30 townhomes and 40 condominium units.
1. Peninsula at Boynton Beach (NWSP 05-013) Request for New Site
Plan approval to construct 30 town homes and 40 condominium units on a
3.51-acre parcel.
3
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
Commissioner Ensler inquired if the developer could bring the colors for review. Mike Rumpf,
Director of Planning and Development, stated color renderings will be available at the meeting.
D. PROJECT: LDR Revisions (CDRV 05-007)
AGENT: City initiated
LOCATION: N/A
DESCRIPTION: Consider proposed modifications to Land Development
Regulations (LDR) relative to residential district building
setbacks, and regulations for fences, walls, and sheds.
(1st reading of Proposed Ordinance No. 05-034)
Mayor Taylor asked if the setbacks and regulations for fences, walls and sheds related to
residential units. Mr. Rumpf responded affirmatively. Mayor Taylor thought the modification
would include additions to dwellings. Ed Breese, Principal Planner indicated the issue was all
part of the same package. The regulations are for walls, fences, hedges and in each residential
district there is a change to the setbacks discussed at the CRA, P&D and before the
Commission.
E. Notice of Intent (Resolution No. R05-107) "Notice of Intent" for
conducting a planning study and possible changes to zoning and development
regulations applicable to those properties located along the west side of N.
Seacrest Blvd; between NW 3rd Avenue, and NW 8th Avenue and currently zoned
C-2, Neighborhood Commercial.
Mayor Taylor inquired if this would delay the projects on the west side of Sea crest. Attorney
Cherof stated it is on the west side of North Seacrest, north of NW 3rd Avenue and south of 8th
Avenue. Mayor Taylor requested further explanation of why the moratorium was necessary.
Mr. Bressner stated in the Heart of Boynton plan the area west of Seacrest was planned to be
single family residential. A conflict arises in that the zoning on the ground calls for commercial
use. The study has been requested to decide if the plan for the Heart of Boynton should go
forward converting the zoning or accommodating some commercial. Mr. Rumpf added it only
pertains to C-2 parcels within the described area which does not include the vacant lot where
the multi-family units have been demolished.
F. Community Development Block Grant Review Committee funding activities in the
amount of $602,322 for funding activities in preparation of the City's One Year
Action Plan for FY 2005-2006.
Commissioner McKoy asked for a breakdown by organization of how the monies allocated would
be used within their programs. Mr. Bressner requested a synopsis report be compiled and
available for the Commission meeting. Commissioner Ensler further requested that a
comparison be made to last year's funding.
X. FUTURE AGENDA ITEMS:
H. Addition of a Veterans' Advisory Board for the City of Boynton Beach.
4
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
Commissioner Ensler stated he had met with members of the seven veteran organizations
representing the City of Boynton Beach and would like to move the item for discussion at the
July 19th meeting.
Vice Mayor McCray inquired what is envisioned for the veteran's Board. Commissioner Ensler
stated the Board would be responsible for planning future activities for the veteran
organizations on the major holidays.
XI. NEW BUSINESS:
A. Designate a voting delegate for the 79th Annual Florida League of Cities
Conference - August 18 - 20, 2005 in Orlando, FL. Vice Mayor McCray and
Commissioner Carl McKoy are attending the conference.
Vice Mayor McCray recommended Commissioner Carl McKoy be designated as the voting
delegate since Commissioner McKoy currently serves on one of the boards.
XII. LEGAL:
B. Ordinances -- 1st Reading
1. Proposed Ordinance No 05-029 RE: Requesting to amend
the Land Development Regulations (LDR) Chapter 2, Zoning, Section 6
and Section 8.5, to create an overlay district to reduce the front, side
interior, and side corner yard building setbacks for parcels currently
zoned Office and Professional District (C-l), Neighborhood Commercial
District (C-2), Community Commercial District (C-3), and General
Commercial District (C-4) located within targeted areas of the CRA.
(Urban Commercial Districts (CDRV 05-004))
2. Proposed Ordinance No. 05-35 RE: Requesting creation
of a Sexual Predators/Offenders link on City web site.
Commissioner McKoy inquired what the previous motion had been. Mayor Taylor stated the
request was made to have staff add distances and other limitations to the final ordinance.
Attorney Cherof stated the web site is an administrative function. City Clerk Prainito stated the
agenda would be changed to use the ordinance language. Attorney Cherof stated he would
compile a comparison of what other cities in South Florida have included in this type of
ordinance. Mr. Bressner stated a copy of a map would be made available
XIII. UNFINISHED BUSINESS:
A. Building Colors along Major Roadways (CDRV 05-009) Proposal to
amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for
buildings located along Boynton Beach Boulevard, Federal Highway, and
Congress Avenue.
s
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
Vice Mayor McCray asked if a presentation would be given by staff. Mr. Bressner indicated yes.
Mayor Taylor stated he had no problem with regulations on color codes for residential units. He
was concerned about regulating commercial colors since the color scheme may be part of the
marketing concept. Mayor Taylor stated government would be infringing on businesses by
dictating colors. Vice Mayor McCray agreed with Mayor Taylor's concern. Commissioner Ensler
stated the Ordinance offers a range of colors and trim colors can be the brighter corporate
colors. The basis colors of the building must be within a range of colors. Commissioner Ensler
stated the newspaper article was wrong and misleading and was discussed at the CRA meeting.
The CVS on Federal Highway and Boynton Beach Boulevard is an example of the color
coordination. Commissioner Ensler stated there are some differences in the recommendations
of the CRA and P&D. He felt staff should make one proposal representing a consensus of the
two boards and where differences arise, make an appropriate judgment.
B. Review of external security fees as previously approved by City Commission on
May 3rd, 2005.
Mayor Taylor requested further information. Mr. Bressner stated the Commission had approved
a rate hike hiring off duty police officers. Subsequently a homeowner's association, the
Crossings, expressed concern they did not have time to budget for the increase. The item is
before the Commission for discussion and possible reconsideration.
Vice Mayor McCray stated he had brought the matter before the Commission because the
Crossings was not notified of a rate hike. He felt the affected parties should have been notified.
Attorney Cherof suggested the agenda item be changed to, "Review of off duty detail fees . . ."
being more accurate.
Discussion
Mayor Taylor made comments and a recommendation on the theft from the evidence room in
the Police Department. He stated a year ago he had unofficially recommended to the City
Manager that a civilian management firm be hired to do a management review of the Police
Department. The City Manager did commence a search for a firm. It was Mayor Taylor's
understanding that Chief Gage was not in favor of the management review. Mayor Taylor
stated the three possible results of a review are: 1) many problems are found and terminations
are inevitable, 2) some problems are found and recommendations for improvement are
submitted, 3) no problems are found and the status quo is continued. Mayor Taylor stated he
felt the Police Department fell into the second category and if a management firm had been
engaged, the recent problems would have been found and corrected at that time including the
time card dilemma. He added management is one of the toughest professions and the bigger
the organization, the more difficult it is to cover all the bases. Hiring a management firm is
prudent and a good tool to improve efficiency.
Mayor Taylor officially recommended and requested the Commission concur that a firm be hired
to do a management inspection of the Police Department.
6
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
Commissioner McKoy commented any time issues like the recent developments in the Police
Department arise, questions arise on the status and audits being done in other departments.
Mr. Bressner stated the City does not have an internal auditing department. Mainly in the area
of financial accounting, checks and balances are in place for individual operations. In the Utility
Department, state and local regulations require certain standards of performance over and
above the City's internal use.
Chief Marshall Gage stated he came to the City nine years ago and the Police Department was
in need of an overhaul and it was acknowledged the department had many problems. Also,
there was an acknowledgement that the department had some strengths and talent in the
organization.
In regard to the outside review suggested a year ago, Chief Gage stated when he arrived, the
Department was not accredited. Accreditation was achieved four years ago and re-accredited a
year ago. Re-accreditation is more difficult to attain than accreditation because the standards
recognized in the accreditation process must be maintained. Periodically problems are found
and as long as humans are hired, problems will develop. The question is whether the
Department has dealt with the problems appropriately.
Chief Gage stated a management review a year ago would not have found the issue of the
vacation problems since it was already being investigated. The investigation was based on an
anonymous letter. Most agencies will not give any credence to such letters. Chief Gage stated
his department reviews all letters even hate mail. Outside agencies have been used to assist in
some reviews. He stated he had no problem holding people accountable within the
organization for shortcomings or dealing with problems within the organization. He also had no
problem with being held accountable personally.
Chief Gage stated he was outraged over the recent developments, embarrassed personally and
for the organization. Partial audits have been done internally and externally and the problem
was not discovered. An individual was put in a position of trust who knew what the loopholes
were and those need to be shored up so future audits will be more stringent.
If the Board wants an outside audit or review of management styles, Chief Gage stated he
would submit to the review. He stated he had no intentions of walking away from the problem
until it is resolved. There are ongoing investigations being done currently and future problems
will arise and have to be dealt with including headline news items, no matter who is in charge.
Chief Gage stated of the 142 officers currently employed the vast majority are good, honest
officers and should not be dragged through the mud.
Mayor Taylor stated while the accreditation and re-accreditation was being done the problems
were not uncovered. The idea is to recognize the problems and find them before they become
serious problems. An outside agency has undoubtedly seen problems at other locations and
they know what to find and can assist in preventing a future problem. Mayor Taylor stated
although Chief Gage is responsible for the department there is a chain of responsibility that
7
Meeting Minutes
Agenda Preview Conference
City Commission
July 1, 2005
needs to address the issue of why the situation was not recognized earlier. The City needs
the best policies and procedure to prevent future wrongdoing and give the Chief of Police the
best possible help, advice and support.
Vice Mayor McCray agreed with Mayor Taylor's remarks and recommendation.
Commissioner Ensler referred back to the issue on colors. He stated the matter started with his
discussions with Mr. Rumpf and the fact staff did not have the authority to approve color
changes being viewed as a minor change. Commissioner Ensler initially asked to give staff the
authority to deal with colors as part of the project approval process. Changes in color after
completion of the project were considered a minor site change and did not require any
approvals. The current color ordinance is an outgrowth of the initial inquiry and as a solution to
the problem.
Commissioner Ensler suggested breaking the issue into two parts with two ordinances. One
would be giving staff authority over changing colors on the major arteries. The second issue
would be the recommendation on how to do it. Mr. Rumpf and Mr. Greene have agreed there
needs to be a change to give staff the authority.
Vice Mayor McCray agreed with Commissioner Ensler that the item has evolved into a bigger
issue.
Vice Mayor McCray inquired if calls had been received regarding the cemetery and the damage
sustained to the markers. Jody Rivers stated attempts were being made to locate and notify
relatives of the damage on all five stones. No calls had been received.
XIV. ADJOURNMENT:
Mayor Taylor adjourned the meeting at 10:52 a.m.
City of Boynton Beach
L·
ATTEST: ..)
, ~ ~~./
8