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Minutes 09-16-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, SEPTEMBER 16, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet Prainito, City Clerk Absent: Carl McKoy, Commissioner Call to Order Mayor Taylor called the agenda preview conference meeting to order at 10:05 a.m. Vice Mayor McCray asked the minutes reflect Commissioner Carl McKoy was on vacation and absent from the meeting. II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor indicated he would like to comment on the award the CRA and City received at the conference in Denver, CO. Commissioner Ferguson indicated he would be asking the Fire Chief questions about his union contract and address questions regarding the other union contracts to the City Manager. The questions would be the length of time spent negotiating and the effective date of the contracts. V. ADMINISTRATIVE: A. Appointments to be made: Vice Mayor McCray expressed concern that only one person had applied for the newly established Veterans Advisory Board and asked if the veterans were aware of the application process. Commissioner Ensler indicated the veterans had not been aware of the application process and resumes needed and would be submitting those as soon as possible. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16,2005 1. Award the "PURCHASE OF ONE (1) NEW & UNUSED 1250 KW GENERATOR", BID #047-2821-05/0D, to Standby Systems, Inc. of Melbourne, Florida, in the amount of $220,511.00. Vice Mayor McCray asked for the location of the generator once purchased. Mr. Bressner indicated he would get that information from Mr. Boateng. C. Resolutions: 1. Proposed Resolution No. R05-149 RE: Approving changes in the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP). Vice Mayor McCray said he would pull this item simply for the purpose of clarification to the public on the numbers. 3. Proposed Resolution No. R05-151 RE: Approving and authorizing execution of the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Congress Avenue Community Park site. Vice Mayor McCray inquired on the location of the Congress Avenue Community Park Site. lody Rivers, Parks Superintendent pointed out the location was the Tennis Center on Congress Avenue. 5. Proposed Resolution No. R05-153 RE: Approving and authorizing execution of Agreements for Water Service for Witt Investments, Inc.; Elbert R. Abell and Melodye S. Abell, and Melear Properties, Inc., to serve parcels of land that will comprise the Abell Property PUD for a future project composed of 106 single-family homes. AND 11. Proposed Resolution No. R05-159 RE: Approving and authorizing the two easements being granted by Palm Shores at Gables End Association, Inc., and Windward Master Association, Inc., for the purpose of constructing and maintaining underground utilities to serve a proposed congregate care facility. Mayor Taylor indicated the water agreements cover areas where lawsuits had previously been filed relating to the developer agreeing to annexation and the property owners not agreeing to the annexation. Assistant City Attorney Tolces clarified the issue on C.11 that the property being served by the agreement and where the pipes would ultimately run, had not been subject to litigation and specifically excluded. Those properties would be subject to the voluntary 2 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16, 2005 annexation provision. The property owners granting the easement to allow the pipes to cross are the property owners exempted from the voluntary annexation. Mr. Bressner explained the two developments were the subject of a 1995 lawsuit asserting the developer signed an agreement for annexation when the city limits became contiguous with the property owners. However, the sales contract between the developer and property owners were not in agreement with the annexation agreement the developer had signed. The homeowners ultimately won the suit and the properties cannot be annexed. Since that time, the form of the agreement has been altered to avoid any such confusion in the agreements. Attorney Tolces added the current agreement relating to item C.5 would survive a challenge relating to annexation by any subsequent homeowners. The agreement now holds the developer responsible to notify any purchaser of the existing agreement for annexation and the irrevocable power of attorney. Discussion continued on the location of the actual easement and water service locations in the area. Mr. Bressner added his research showed the county's water service was not available to the area and an interlocal agreement between the City and the County would be required if that option was pursued. Mayor Taylor pointed out the chances of annexing the Southwinds property would be remote because the land between would not be annexed based on the past legal decision. Mr. Bressner agreed with Mayor Taylor's observation. Commissioner Ferguson felt transferring the water service to the County would be preferable. Mr. Bressner said the transfer would involve an eight month delay to the developer. Further information would be provided by the time of the regular Commission meeting. 9. Proposed Resolution No. R05-157 RE: Approving the replacement of the name Wilson Center in honor of Carolyn Sims to be the Carolyn Sims Center at Wilson Park. Vice Mayor McCray indicated he would be pulling the item for further explanation of the process for future name changes at Wilson Center. The community in the area is asking the name not be Wilson Park but Wilson Center Complex with specific facilities named after Carolyn Sims and Mr. John Jensen who for years taught children how to swim at the pool. Mayor Taylor said a process is available for the submission of names for City owned facilities. 10. Proposed Resolution No. R05-158 RE: Approving the expenditure of $111,360 to Kronos Inc. of Chelmsford, MA to purchase a software program for Human Resources to track employee attendance as 3 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16, 2005 well as employee payroll. This expenditure is to be paid over a four (4) year period. Vice Mayor McCray would be requesting more information on the item because it is budgeted over a four year period for only $25,000 each year for an item costing $111,360. He was also concerned the City did not currently have a system in place for tracking employees' attendance and payroll. Attorney Tolces clarified the agreement is a four year lease purchase agreement for the equipment and software to enable the HR department to accomplish the goals of tracking for City employees. Discussions have been held with the supplier explaining the budgeting process. The Commission is being asked to commit to the purchase of software and equipment to be paid out over a four year period. Mr. Bressner asked if the signed contract would be the controlling instrument. Attorney Tolces indicated the agreement would be signed with the provision it is subject to the annual budget appropriation. Mr. Bressner indicated the $25,000 a year was an estimate in the budget that was not updated when the final cost was determined. Vice Mayor McCray indicated he understood the request, but was baffled the City did not already have something in place to track this kind of information on the employees. Mayor Taylor thought the information was currently being tracked and the new software would be an improvement in those methods. D. Ratification of Planning and Development Board Action 1. Cortina @ Boynton Village (NWSP 05-001) Request for new site plan approval in order to construct 458 fee-simple townhouse units in the (SMU) Suburban Mixed-Use zoning district. 2. Boynton Town Center (NWSP 05-003) Request for new site plan approval in order to construct 231,000 square feet of commercial on a 24.65-acre parcel in the (C-3) Community Commercial zoning district. 3. Boynton Village (NWSP 05-004) Request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the (SMU) Suburban Mixed-Use zoning district. 4. High Ridge New Urban Communities (NWSP 05-016) Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44 acre parcel in a (PUD) Planned Unit Development zoning district. 5. Boynton Dixie (NWSP 05-024) Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (PUD) Planned Unit Development zoning district. 4 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16,2005 E. Ratification of CRA Action: 1. Promenade (SPTE 05-003) Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20, 2006. Commissioner Ensler noted he would be pulling all quasi-judicial items under items D and E for public hearing. He requested staff make a brief presentation on each item. F. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in the Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund, and by $1,765.00 in the Boynton Beach Memorial Park Fund. Vice Mayor McCray was disturbed about the Boynton Beach Memorial Park Fund and why all the charges were not paid before the burial took place. Commissioner Ensler commented some of the accounts were businesses currently operating within the City and he requested an explanation how these companies cannot be paying these bills dating back to 1998. Mr. Bressner asked if a surcharge on their occupational license or water bills would be appropriate. Attorney Tolces indicated it would not be allowed. Commissioner Ferguson suggested refusing to renew their occupational licenses. Attorney Tolces explained the renewals could not be conditioned upon payment of balances. A letter could be sent to the accounts stressing the importance of getting the monies paid. Mr. Bressner suggested the item be tabled for a month to allow letters to be sent. Mayor Taylor felt explanations for the non-payment would be helpful. Mr. Bressner indicated many of the amounts due are for fire inspections. Vice Mayor McCray suggested the same type of letters be sent on the Boynton Beach Memorial Park accounts owing monies. Commissioner Ensler specifically questioned the item listed for Rich Point Woods Homeowners Association for $3,545.96 and its location. Attorney Tolces stated the property was located at Seacrest and Golf Road across from the hospital. Commissioner Ensler inquired if the City had a policy relating to interest and penalties. Mr. Bressner indicated it would depend on the charges pending and the list is a compendium of back bills from a variety of sources. Commissioner Ensler commented if people do not understand the need to pay the bills, the bills will remain unpaid unless penalties are assessed. Mr. Bressner pointed out the ordinances may have to be changed for the various sections to allow for penalties if warranted by the research. Bill Mummert, Director of Financial Services, clarified many of the outstanding balances have been owing for several years and the procedures in place when the costs were incurred will need to be ascertained for collection purposes. The current process is after thirty days a letter is sent to the establishment and after sixty days, another letter is sent and after ninety days, the debt would be sent to Credit Tech, the collection agency. Currently procedures are in place for collection. Past procedures are unclear. Commissioner Ensler suggested the credit agency may not be taking the necessary action to collect the monies due. 5 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16, 2005 L. Approve 2005-2006 Premium Year Property & Casualty Insurance Policy in the amount of $922,724.00. Mayor Taylor felt the item should be pulled for an explanation from Risk Management on the status of the coverage, due to the large amount. Commissioner Ensler asked to add an item to the Community Investment items of $1,000 for the Boy Scouts. Vice Mayor McCray noted the presence of Mr. Kofi Boateng and inquired if the placement of the generator could be answered relating to item B.1. Mr. Boateng indicated the generator was being purchased for stationary placement at the East plant. X. FUTURE AGENDA ITEMS: Commissioner Ensler asked that an item be added to resolve the issue of a proposed amendment to Parks Dedication Code ordinance to modify the review time line. The timeframe has been an issue in some of the current projects and should be addressed. Mr. Bressner agreed the problem has existed and suggested the item be put on the Agenda for the first meeting in November. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-060 RE: Approving creation of Chapter 1.5, Article (1/2/3/4/5) of the Land Development Code of the City of Boynton Beach entitled "Art in Public Places Program" for new development and redevelopment in non-residential districts and in mixed use and multi-family districts. Commissioner Ferguson commented the new ordinance was much better than the previous versions by putting the disbursement of funds with the City Commission. Mayor Taylor agreed that discussion was needed on the item at the meeting on other aspects in the ordinance. 6 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 16, 2005 Adjournment There being no further business, the agenda preview conference adjourned at 10:38 a.m. ATTEST: Clerk ~ ..~;..._-~-- _~ ~-c~/<_/I.l ,-c L~ ~'PutyCity Clerk ,/ ./ (September 25, 2005) 7