Minutes 12-30-05
MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON FRIDAY, DECEMBER 30,2005 AT 10:00 A.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Judy Pyle, Deputy Clerk
I. Call to order
Mayor Taylor called the agenda preview conference meeting to order at 10:00
a.m.
II. Informational Items by Members of the City Commission
Commissioner McCray indicated he received the Informational Items from Mr.
Bressner regarding the B.B.H.S. Choral Group. He urged the City partner with
the Chamber of Commerce in support of the Group. He reported many of the
individuals in the Group are from low-income portions of the City. There was a
brief discussion pertaining to the use of Discretionary Funds and the Community
Promotions or Activities Account to support them. Commissioner McCray
reported the choir was wonderful and was looking forward to perform at Carnegie
Hall. He asked Mr. Segal to begin promoting this event. Mr. Bressner explained
the school was behind in its fund raising program.
Commissioner McCray also added he received a letter from a parent regarding
the sign for Boynton Beach High School. Mr. Bressner explained there was an
agreement made between the school board and Quantum many years ago.
Quantum is objecting to the installation of the sign. Mr. Bressner offered to
mediate some of the issues, but there had been no agreement to date. There
was consensus it was very important the school have an identification sign.
Commissioner McCray asked about the Extreme Makeover and restoring the
Little League field. Mr. Bressner reported some contracts are in place for the
restorative work and other items are moving forward, but they are awaiting FEMA
reimbursement. He emphasized Little League, Inc. was advised there will be
some manner of season, but they may have to operate at other facilities for some
of the games, particularly, in the evenings.
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December 30, 2005
Mayor Taylor further discussed the Little League Park and putting it back into
playable condition. He expressed concern with how conated monies would be
allocated and emphasized he wanted to ensure the funds would be used for the
park restoration. Wilfred Hawkins explained the goal was to make the field a
world class facility. Mr. Hawkins offered to communicate to Little League that
the City would like to see a separate capital account set up dedicated to the field
restoration.
Commissioner McCray indicated Nautica Park should be brought up on Tuesday
and advised staff they are in agreement with the project. He offered his thanks
for getting the project done.
Commissioner McKoy asked for an update regarding special events for the
Heritage Festival. He stated he received a letter last week indicating the
Community Redevelopment Agency would be involved in the entertainment
portion of the festival.
Mr. Bressner agreed to provide a schedule to Vice Mayor McKoy.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, &
PRESENTATIONS
3. Presentation of Award for Dedicated Service to
Reverend Anthony Reed, Pastor of St. Paul AME Church
City staff will be contacting Pastor Reed to ascertain whether he will be present
to receive his Award.
4. Status report on Wilson Center Construction Project-
Wilfred Hawkins & Wally Majors
Commissioner Ensler asked where the additional funding to complete the project
would come from. Mr. Bressner will get a report to Commissioner Ensler after he
confers with staff.
VI. Consent Agenda
B. Bids and Purchase Contracts - Recommend Approval - All
expenditures are approved in the 2005-2006 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES" Bid #009-2110-06/JA, to
Staffing Connections/Action Labor, for an estimated
annual expenditure of $261,000 (Proposed Resolution
No. R06-)
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December 30, 2005
Commissioner McCray questioned the source of payments the crossing guards
were receiving last year. He elaborated last year, some of the checks
purportedly bounced. Mr. Bressner was not aware of any issues but will look into
the matter.
Mayor Taylor asked why the school board does not pay for crossing guards. Mr.
Bressner responded this is something the City has been discussing with the
school board for two years and to date has not gotten an answer. The county and
the municipalities have been paying for crossing guards for years. It was pointed
out that Karl Umberger, the Village Manager of Palm Springs has been working
on this for some time and has much information. The League of Cities will be
contacted about this.
4. Rescind the contract of "DESIGN & CONSTRUCTION
ADMINISTRATION SERVICES FOR THE FIRE ALARM
SYSTEM UPGRADES AND REPLACEMENTS FOR THE
CITY OF BOYNTON BEACH", RFP#019-2413-03/KR that
was approved by Commission on May 6, 2003 to
Systech Group, Inc. of Reston, VA. Action will save City
$16,200.
Commissioner McCray thanked staff for rescinding a contract that would save the
City $16,200.
C. Resolutions:
1. Proposed Resolution No. R-06- Re: Approving and
authorizing execution of an Agreement for Water Service
Outside the City Limits with James and Grace Broz for the
property at 4840 Palo Verde Dr., Boynton Beach, Florida.
(Cypress Creek Dev. (UNREC) TH PT of N Y:z KiA L T 108)
2. Proposed Resolution No. R-06- Re: Approving and
authorizing execution of an Agreement for Water Service
Outside the City Limits with Marlaine Jean Baptiste for the
property at 1043 Oleander Rd., Lake Worth, FL. (Hypoluxo
Ridge Add 2 L T 42)
3. Proposed Resolution No. R-06- Re: Approving and
authorizing execution of an Agreement for Water Service
Outside the City Limits with Nancy E. Farrell for the property
at 1214 Peak Rd., Lantana, Florida. (Ridge Grove Add No.1
LOT 245)
8.
Proposed Resolution No. R-06-
Re: Approving and
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authorizing execution of an Agreement for Water Service
Outside the City Limits with Gloria A. Camacho & Blanca R.
Camacho for the property at 3810 Wall Street, Delray Beach,
FL (Unincorporated Palm Beach County)
Commissioner Ferguson commented he thought it was ludicrous to be paying the
county for water when the City has an expanded water area. He was not inclined
to approve any future items for water west of Military Trail or north of Hypoluxo
Road.
Mayor Taylor noted the City of Boynton Beach collects a surcharge from
individuals receiving this service.
4. Proposed Resolution No. R-06 - Re: Approving and
Authorizing execution of the Scope of Services (Appendix A)
for the 2006-07 Fire Assessment Work Plan with
Government Service Group, Inc., at a cost not to exceed
$25,300.
Commissioner Ferguson requested this item be pulled.
10. Proposed Resolution No. R06 - Re: Approving the
reclassification of the Office Assistant Senior position in the
City Manager's Office to an Administrative Secretary
position.
Commissioner McCray wanted to know why this item was coming before the City
Commission when it was a Human Resource matter.
Mr. Bressner answered this particular position was identified in the budget as
Office Assistant Senior. The reclassification was not shown in the budget so it
needed to come back as a Resolution.
12. Proposed Resolution No. R06 - Re: Accepting the
Animal Services Contract for certain Animal Care & Control
Services
Commissioner McCray inquired about the last sentence of the item where it read
"it was a decrease from the original $25,000 in the first year as a result of more
entities qualifying for a piece of the action." He indicated the wording could be
improved.
14.
Proposed Resolution No. R06 -
Re: Authorizing the
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execution of a Consent Order with the Florida Department of
Environmental Protection for a force main break at 3925 West
Boynton Beach Boulevard - OGC File No. 04-1904.
Mr. Bressner had additional information he distributed which was from the Utilities
Manager to the Department of Environmental Protection (DEP) which
clarified the dates in the Consent Order for the above. City Manager Bressner
noted there is a conflict in the document the Commission had in regard to the
performance dates the DEP listed. Staff was to review the proposed Consent
Order to ensure the deadlines and the dates listed in the Order were feasible.
Staff preferred different dates and the DEP indicated they would like the matter
resolved the first week in January. City Manager Bressner clarified as long as the
DEP concurs with the new dates, he can mark up the body of the Consent Order if
necessary. City Manager Bressner will give an update on this issue on Tuesday.
16. Proposed Resolution No. R-06 Re: Allowing the
consideration of a second time extension to NOI #205-01 for
the study of the M-1 zoning district.
Commissioners Ensler, Ferguson and McCray wanted a date certain on this item
when it would go before the Planning and Development Board, the Community
Redevelopment Agency, as well as the number of times it needs to come before
the City Commission to be heard. Commissioner Ensler commented once he has
this infonmation, he would be willing to talk about an extension.
Mr. Bressner explained the report is completed and needs to go before the two
advisory boards for their review and recommendations. Commissioner Ensler
wanted the dates to ascertain whether the three month extension would be
sufficient. Another question pertaining to this item was if there would be a
presentation to the Commission.
Mr. Bressner advised the Commission about it's options and there was brief
discussion with Mike Rumpf, Planning and Zoning Director, about the notice
requirements. The changes would come back to the City Commission in
Ordinance form. If the changes were land use changes, legal notice would take
place.
Attorney Cherof explained if the Commission wanted to stop development activity
that is inconsistent with the proposed Code to be adopted, the NOI needs to be
extended. The Commission should declare zoning in progress for the specific
activity, which is the procedure the City Commission outlined for implementing
study, changes and code arnendments. Attorney Cherof recommended extending
the NOI and having a date certain included in the Resolution.
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December 30, 2005
Mr. Hawkins and Mr. Bressner gave a brief update about replacing the sound
system.
E. Ratification of CRA Action:
1. Ocean Breeze West (NWSP 05-030) Request for site plan
approval to construct 37 fee-simple townhouse units,
recreation amenities And related site improvements on 3.44
acres in the Multi-Family Residential (R-3) zoning district.
Commissioner Ensler pulled this item for public comment.
VIII. Public Hearing: 7:00 P.M. or as soon thereafter as the agenda permits
Owner:
Location:
Rapido Rabbit Carwash (COUS 05-004)
(Applicant has requested postponement to the
1/17/06 Meeting - Staff recommends establishing a
date certain to conclude review of the application
for Conditional Use and Site Plan)
Bradley Miller, AICP, Miller Land Planning Consultants,
Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Ave.; approx. 275 feet north of
SW 30th Ave.
A.
Project:
Agent:
Commissioner Ferguson questioned the postponement. Mayor Taylor explained
staff hasn't received the information it requested from the applicant and the
purpose of this item is to determine when the Commission wants to hear the
matter. A lengthy discussion ensued with staff regarding their concerns and the
need for the information. Attorney Cherof noted the burden is on the applicant to
prove the use is appropriate. He explained if there is not sufficient evidence, then
the motion should be to deny the application and to not let it go on indefinitely.
Board Attorney Cherof advised the City Commission could approve or disapprove
the request without receiving the information staff requested from the applicant.
Mr. Rumpf commented he did not feel comfortable making a recommendation
without it and if he had to make a recommendation, it would be to deny it. It was
determined the matter will be heard on the 17th, staff will make a recommendation
and provide information on:
. carwashes that were approved in the past,
. what zoning districts they are in,
. if any studies were done,
. if they were non-conforming uses,
. and if they were there by right or grandfathered in.
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Mr. Rumpf informed the Commission a carwash is not a conditional use in the C-2
District. He elaborate there was Motor City was approved in the past five years in
a commercial zoned district on Hypoluxo Road at Lawrence. Mr. Rumpf replied
they need a minimum of two weeks between the time the information is received to
make a presentation/recommendation to the City Commission. Attorney Cherof
counseled the City Commission sits as a quasi-judicial board and has the ability to
overrule decisions of its advisory boards. Additionally, he noted that postponing a
determination on the project could be construed as the equivalent of a denial. He
further advised the Commission that if the matter is heard on the 1 ih of January, a
determination should be made.
Attorney Cherof strongly urged staff come up with some type of recommendation
even if it recommends denial. There was consensus that the application would be
heard on the 17th, staff would make a recommendation and the public would have
some participation.
Location:
Gulfstream Gardens Phase II (LUAR 05-012)
Bradley Miller, Miller Land Planning Consultants, Inc.
P.B. Chinese Christian Chapel, Inc., Parbbubbal K.
Patel and Howard Britt
One quarter mile north of Gulfstream Blvd., between
Federal Highway and Old Dixie Highway
Request to amend the Comprehensive Plan Future
Land Use Map from General Commercial (GC), Local
Retail Commercial (LCR) and Commercial High
Intensity (CH) (Palm Beach County) to Special High
Density Residential (SHDR) (Tabled on 12/6/05) (1St
Reading of Proposed Ordinance 06-002)
c.
Project:
Agent
Owner:
Description:
Description: Request to rezone from C-3 Community Commercial
and (CG) Commercial General (Palm Beach County) to
Planning Unit Development (PUD) (Tabled on 12/6/05)
(1St Reading of Proposed Ordinance 06-)
Proposed Use: Phase II or a multi family residential development
1. Gulfstream Gardens Phase II (NW5P 05-028) Request for
new site plan approval to construct 110 townhouse units,
recreation amenities and related site improvements on a 5.47
acre parcel in the Planned Unit Development (PUD) zoning
district.
There was a question on whether the use was permitted in that zoning district. Mr.
Rumpfs thoughts are that churches are permitted in the C-4 district. It was
clarified this application pertains to one of the existing owners.
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December 30, 2005
1. Approval of a Special Warranty Deed conveying title to
Kathleen Thicklin for Cherry Hills, Boynton, Lots 269 and 270.
This real property described under tax certificate number
11049 in the tax deed recorded in Offical Record Book 12021,
page 1986, public records of Palm Beach County, Florida
(Proposed Resolution No. R-06)
This item was for a SHIP applicant and two lots were being combined for a new
home.
IX. City Manager's Report:
City Manger Bressner distributed a memo from the Utilities Director summarizing
capital fees and a rate study. City Manager Bressner indicated it was up to the
Commission whether they wanted to discuss it at the next meeting.
X. Future Agenda Items:
Commissioner McCray discussed Future Agenda Items, A, F and I later in the
meeting.
XI. New Business:
A. Standards for placement of FEMA trailers on private property.
(Tabled on 12/6/05)
1. Proposed Ordinance No. 05-073 Re:
Approving the declaration of a local "Housing Emergency,"
with a means of allowing for the temporary placement of
FEMA travel trailers and mobile homes on private property in
the City. (1st Reading of Proposed Ordinance No. 05-
073)(Tabled on 12/6/05)
Quintas Greene, Development Director announced there are six trailers in the City
with another eight that have implications. He explained people have applied for
the trailers and the Federal Emergency Management Agency (FEMA) is prepared
to bring them in. FEMA has informed the City they will not reveal where the
trailers are and views the matter as a privacy matter. Mr. Greene informed FEMA
there is an Ordinance pending which would address the issue of the City's code
provision that does not allow trailers on private property. FEMA responded and
advised the City the trailers are on site and have not been hooked up for utilities. If
the Ordinance does not pass, they will remove the trailers. There was some
discussion on housing displaced individuals temporarily in hotels and motels. Mr.
Greene advised FEMA's funds to do so are very limited and are now cut off.
Additionally, tourist season has begun. The hospitality industry is going into
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December 30, 2005
season and the operators can no longer accommodate those individuals due to
guests who had made prior reservations and are now arriving.
Mr. Greene elaborated that some consideration should be given to taking a further
step, given that hurricane development may continue into the future, to preparing a
site with utility hook-ups so the City can accommodate trailers at a consolidated
site in the future. The proposed ordinance can include language indicating the
sites are strictly for city residents and would have an 18 month window pursuant to
a declaration of a housing emergency by the City Commission.
Commissioner McCray referred back to Future Agenda Items A, F and I.
X. Future Agenda Items:
A. Placement of quasi-judicial items on agenda - 01/17/06
F. Presentation of Pay Plan recommendations - 01/17/06
I. Follow-up on CRAlCommission Planning Workshop - 01/17/06
City Manager Bressner explained Items F and I are time sensitive. Attorney
Cherof reported the Ordinance for the quasi-judicial items are done and if there are
unresolved issues on the Ordinance they can be brought up and addressed.
There was no further business or discussion on the agenda.
Meeting adjourned at 11: 1 0 a.m.
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