Minutes 07-15-05
MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON FRIDAY, JULY 15, 2005 AT 10 A.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor James Cherof, City Attorney
Bob Ensler, Commissioner Janet Prainito, City Clerk
Carl McKoy, Commissioner
Mike Ferguson, Commissioner
I. Call to Order
Mayor Taylor called the meeting to order at 10:01 a.m.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ensler requested the City Attorney's office and CRA attorney attend the meeting
on Monday, July 18th to discuss the complaint relating to competition between Intown and the
CRA for land acquisition. Mr. Bressner pointed out the major thrust of Monday's meeting would
be proposed land use changes which should be allowed to be presented first.
Mayor Taylor indicated he would be reading a complimentary letter he had received regarding
one of the workers at the Senior Center for the public's information.
Vice Mayor McCray said members of the audience had expressed their dislike of Commission
members eating during the meetings. He suggested breaks would be the appropriate time for
eating.
VI. CONSENT AGENDA:
B.3 Approve a "piggy-back" bid of Florida Atlantic University (FAU),
Agreement No. DPE 92, to asphalt overlay via resurfacing a portion of
North Circle Drive (a.k.a NE 17th Avenue) and a portion of South Circle
Drive (f.k.a. NE 16th Drive) from NE 3rd Court westward to the Four Sea
Suns Condominium, Inc., development line covering approximately
61,244 square feet, to the firm of Driveway Maintenance, Inc. with an
estimated expenditure in the amount of $26,947.36 plus an owner's
contingency of 15% in the amount of $4,042.64 for a total project
budget appropriation of $30,990.00.
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Approve a Right-of-Way Improvement and Abandonment Agreement
between the City and the Four Sea Suns Condominium, Inc., to allow the
resurfacing work noted above to be implemented and completed prior to
the transfer of the ownership of the right-of-ways noted above, and the
future maintenance responsibility to be assumed by said Four Sea Suns
Condominium, Inc. (Proposed Resolution No. R05-122)
Commissioner Ensler asked if the proper process had been followed for land abandonment.
Jeff Livergood, Director of Public Works, replied the process was correct for the abandonment.
Commissioner Ensler asserted public notice and public hearings were required and had not been
done. Attorney Tolces indicated the City would make the improvements and then process the
abandonment pursuant to the requirements of the City Ordinances
Commissioner Ensler inquired why more money was being spent on these particular streets
than other streets. Mr. Livergood replied the conditions of the street precluded microsurfacing
and in the interest of fiscal responsibility, it would be best to expend the monies now and then
totally remove the streets from the maintenance rolls in the future.
Commissioner Ferguson asked about the difference in cost between microsurfacing and the
asphalt proposed. Mr. Livergood explained the microsurfacing would be approximately 60%
less in cost.
Commissioner Ensler was concerned about the access for fire equipment to navigate through
the western part of North Circle Drive that had a garden built in the middle. The project had
been completed in prior years and may need to be corrected in conjunction with the current
project. Commissioner Ensler requested the matter be researched before the Commission
meeting.
C. Resolutions:
1. Proposed Resolution No. ROS-096 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board. Motion to keep this item on the table until August 2,
2005.
a. Authorization for the Chairman to sign the interlocal agreement
for the delivery and use of reclaimed water with Boynton Beach,
effective as of October 1, 2005. (Tabled to 7/19/05)
b. Assignment Agreements for the following golf courses: Delray
Dunes Golf and Country Club, Country Club of Florida, Hunters
Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge
Country Club.(Tabled to 7/19/05)
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Commissioner Ferguson had no objection to tabling the items to August 2nd; however, he felt
the matter should move along in light of the fact it had been pending for some time. Mr.
Bressner said the commodity charge for recycled water needs to be verified in relation to the
actual costs. The terms and provisions of the golf course agreements constrain the ability of
the City to pass along its costs, so the mathematical formulas need to be assessed to assure the
City would be getting a fair deal. Mr. Bressner indicated staff has been proceeding with due
diligence.
Commissioner Ensler suggested the agreement could state the rates charged would be no
higher than the rate allowed by the current contract. Mr. Bressner agreed this would be a
barrier against the Authority raising the rates to us.
Commissioner Ensler raised the question, who would be responsible for the testing, water
quality and reporting requirements. Mr. Bressner replied the responsibility continues with the
District as the provider. Commissioner Ensler further asked who would monitor the cost, rates
and capacity and if there would be a staffing need. Mr. Bressner responded the Utility
Department and Finance Department would be sharing those tasks with the existing staff.
Lastly, Commissioner Ensler inquired if the five clubs had been notified to be present for the
public hearing to speak on the matter. Notice would have to be verified with the District,
according to Mr. Bressner.
D. Ratification of Planning and Development Board Action
1. Quantum Park &. Village South Commercial (MSPM 05-003)
Request for Master Site Plan Modification approval for the construction of
a Mixed-Use development consisting of an additional 115 multi-family
dwelling units (for a total of 349 dwelling units) and 71,708 square feet of
commercial/office space on a 26.165 acre-Mixed Use POD in the Planned
Industrial Development (PID) zoning district. (Tabled to 07/19/05)
2. Arbolata (a.k.a. Carriage Pointe) (MSPM 05-006) Request for Major
Site Plan Modification to construct a recreation area for an approved
townhome project, to include a pool, cabana/pavilion and play area with
multi-activity play apparatus.
3. Bethesda Hospital (MSPM 05-005) Request for Major Site Plan
Modification to construct a four-story, 86,167 square foot addition to the
hospital, to accommodate a Comprehensive Heart Center.
4. Bethesda Hospital Comprehensive Heart Center (HTEX 05-005)
Request for Height Exception approval of 8 feet-11 inches to
accommodate elevator equipment and stair tower components on the
roof at a height of 68 feet-11 inches in the Public Usage (PU) zoning
district.
Commissioner Ensler informed the Commission he would be pulling items D.1, D.2, D.3 and DA
to allow public audience on the issues since they are quasi-judicial proceedings. In addition,
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Commissioner Ensler asked if public notification had been given as required. On the procedure
itself, Attorney Cherof, explained the items are on consent as a matter of requirement. Any
Commissioner can pull them for a quasi-judicial hearing, if preferred.
Mike Rumpf, Director of Planning and Zoning indicated the quasi-judicial procedures were
being followed through the Building Department. Mayor Taylor noted most of the items had
been before the Commission previously.
G. Approve a $500 donation to the Palm Beach County Association of Chiefs of
Police, Inc. Scholarship Fund from the department's law enforcement trust fund.
Vice Mayor McCray commented the monies are for the Scholarship Fund and it should be noted
on the Agenda for the public's information.
1. Authorize the Utilities Department to turn over $63,461.75 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.
Commissioner Ferguson said his analysis revealed of the 289 accounts, 43 were under $10, 62
were between $10 and $25, reflecting one-third of the accounts being under $25. On the other
hand, four accounts represented 33% of the total uncollected. He requested an explanation
why the four accounts were allowed to accumulate.
Kofi Boateng, Director of Utilities, responded there was a process of contacting customers
periodically, cutting off service for non-payment. Twice a year delinquent accounts are passed
through to collection agencies.
Mr. Bressner thought if the Fontana Plaza paid the other fees and utility fees it would bear
analysis why the storm water drainage fee was not paid and uncover the issues with the Plaza.
Vice Mayor McCray asked the Finance Department what percentage had been recovered last
year. Bill Mummert, Finance Director, agreed to have the figure available on Monday.
Commissioner Ensler questioned the obligation of the agency and the percentage charged. Mr.
Boateng stated the fee was 20% of the collected amount and he would revisit the collection
contract for the specific terms.
J. Approve the recommendations for Community Development Block Grant funding
activities in preparation of the City's One Year Action Plan for FY 2005-2006.
Commissioner McKoy asked if staff had responded on the internal operation procedures and
disbursement of the funds, together with monitoring and how staff would oversee the dollars.
Quintus Green, Director of Development, believed the information had been provided on
the process for monitoring recipients but would provide it again. Attorney Cherof elaborated
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when the policy was adopted by the Commission it included an outline of the specific role of the
Commission, Manager, City Attorney and staff with a checklist.
Commissioner Ensler raised the issue of where the money could come from to support the MAD
DADs Program. Mr. Bressner said the monies would not come from the CDBG as the
organization had not applied for funding this cycle. The other possible funding source would
be the Community Investment accounts.
Vice Mayor McCray remarked every year Mr. Bryant asks for money to be bailed out of his red
tape. He felt it was unfair of Mr. Bryant to wait until the end of the program to request funding
when he should be aware of and contact his funding resources prior to commencing the
program activities.
VIII PUBLIC HEARING:
Commissioner Ferguson asked to include the hearing on Schnars Business Center having been
passed by the CRA, as it was a pro forma item returning to the Commission. Attorney Cherof
interjected the notice for public hearing requirement had not been provided nor time available
to accomplish sufficient notice.
IX. CITY MANAGER'S REPORT:
A. Interlocal Agreement Between the City and CRA -- Boynton Beach Promenade
Extension. (Proposed Resolution No. R05-091)(Tabled 5/17/05) Item requested
additional table to allow CRA Board to respond to funding formula.
Commissioner Ferguson wanted to know the anticipated cost of the Boynton Beach Promenade
and clarification on who would be absorbing the cost. Mr. Bressner replied the project was $1.7
million reimbursement to the City except for $283,000 yet to be received from the CRA. Doug
Hutchinson, CRA Director, indicated the figure would be presented to the CRA Board at the next
meeting for reimbursement to the City.
Mayor Taylor suggested the item be tabled until the CRA Board has met.
X. FUTURE AGENDA ITEMS:
A. Interlocal Agreement between the City and CRA -- Old High School. (8/2/05)
B. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (8/2/05)
C. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
Mr. Bressner thought the Workshop regarding City Hall/Public Safety Space could be done in
conjunction with the CIP Workshop scheduled for August 30th. He further felt the agreement
on the Old High School should be on track for August 2nd. The Heart of Boynton Project would
be contingent on the meeting to be held July 18th and the enabling agreement on the agenda
for the 19th.
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XII. LEGAL:
A.6. Proposed Ordinance No. 05-035 RE: Amending Chapter
15, Entitled, "Offenses Miscellaneous," of the City of Boynton Beach Code
of Ordinances, to create Article X, entitled "Sex Offender Residency
Prohibition"; prohibiting Sexual Offenders and Sexual Predators convicted
of Crimes under certain Florida Statutes from living within a specified
distance within the City of Boynton Beach.
Commissioner McKoy expressed concern with the language "places where children congregate"
and asked legal for an interpretation. Attorney Cherof said an attempt had been made to track
the language used by other municipalities in the area for consistency county wide and regional
wide. The intent would be to prohibit individuals from residing in areas where children could
congregate. He felt the language was enforceable and may change during the term of the
Ordinance. A change in the language may result in a challenge to the ordinance.
Commissioner Ensler asked the procedure to enforce the ordinance. Attorney Cherof indicated
the Ordinance would be enforced through the monitoring of the individuals required to register.
Interim Chief Immler informed the Commission notice would be given to the Police Department
of any new residence or change of residence through the Sheriff's Office or the Parole and
Probation Department or other community agencies required to report. Commissioner Ensler
asked if the notice was given when it was an intent or completed. Chief Immler responded the
notice is given of an intent to move to the City.
B. Ordinances -- 1st Reading
1. Proposed Ordinance No 05-029 RE: Amending 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-1), Neighborhood Commercial District (C-2),
Community Commercial District (C-3), and General Commercial District
(C-4) located within targeted areas of the CRA.(Tabled 7/05/05)
Commissioner Ensler asked if the Ordinance related solely to the CRA and if the CRA had
approved the Amendment. Mr. Rumpf replied in the affirmative on both issues.
C. Resol utions:
2. Proposed Resolution No. ROS-124 RE: Approving a
Preliminary Rate Resolution for the Fire Assessment.
Commissioner Ferguson inquired if the Resolution included the $25,000 for the consultant. Mr.
Bressner explained the Fire Assessment fund pays for the consultant. Commissioner Ferguson
asked if the Commission passing on the consultant agreement could be verified.
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Vice Mayor McCray added he would have comments as well at the meeting.
D. Other:
1. Addition of a Veterans' Advisory Board for the City of Boynton Beach.
Vice Mayor McCray understood the budget included $10,000 for the Veteran's Council. The
Mayor thought the monies were to be made available for any requests by the veterans. Vice
Mayor McCray inquired what other organizations the City would be making monies available.
Attorney Cherof said the purpose of the item on the Agenda was to get direction from the
Commission to draft the appropriate Ordinance relating to the number of board members, type
of balance expected among the members and the board's responsibilities.
Mr. Bressner clarified $10,000 had not been set aside in the budget for this purpose. There
was simply a note the request had been submitted subsequent to the budget being prepared.
Any monies would be deducted from the General Fund.
Commissioner Ensler added his request for the veterans was a one time expense for a memorial
to be made and placed in the City reflecting the names of all those veterans of Boynton Beach
having died during combat.
Vice Mayor McCray expressed concern other organizations within the City would then come
forward requesting large sums and a precedent would have been set by giving the veteran's
these monies. Commissioners McKoy and Ferguson agreed with the Vice Mayor. Commissioner
Ferguson suggested monies may be available in the discretionary funds of each Commissioner.
2. Review allowing a limited number of business owners, who are non
residents, as members of the advisory boards.
Vice Mayor McCray thought it should be very specific which boards this would apply to and how
many members on each board would be allowed.
Commissioner Ferguson indicated he would like to have added to the agenda a discussion of
the police department command structure. Specifically, during the interim period of the
department review, he felt promoting from within was advisable and move Chief Graham into a
command position along with Acting Chief Immler as Chief of Police.
Mayor Taylor held the authority rests with the City Manager to make recommendations to the
Commission. Commissioner Ferguson believed the Commission was in a position to advise and
consent. It was decided the item should be placed under New Business.
Commissioner Ensler asked what positions in the City the Commission had the right to approve
or disapprove. Attorney Cherof responded the positions were City Manager, Assistant City
Manager and City Attorney.
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XIV. ADJOURNMENT:
Mayor Taylor adjourned the meeting at 10:45 a.m.
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