Minutes 01-13-06
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS
ON FRIDAY, JANUARY 13, 2006 AT10:00 A.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mike Ferguson, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
Jim Cherot, City Attorney
Janet Prainito, City Clerk
I. Call to Order
Mayor Taylor called the meeting to order at 10:02 a.m.
II. OTHER:
A. Intormationalltems by Members ot the City Commission
Commissioner Ferguson indicated he would have comments.
III.
ANNOUNCEMENTS,
PRESENTATIONS:
COMMUNITY
&
SPECIAL
EVENTS,
&
C. Presentations:
1 . Proclamations:
a. Four Chaplains Sunday - February 5, 2006
Commissioner Ferguson announced the event is on Super Bowl Sunday.
Commissioner Ensler responded the event is being held at 3:00 p.m. and noted the
Super Bowl starts at 6:00 p.m.
6. Presentation by Mark Hansen, Palm Beach County School Board
Member regarding the harassment prevention program including a
bullying prevention program tor Boynton Beach schools.
Commissioner McCray inquired how long the presentation would last. Mayor Taylor
responded about ten minutes.
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January 13, 2006
10. Presentation by Senator M. Mandy Dawson of a $200,000 grant
award from the Florida Department of Environmental Protection
under the Florida Recreation Development Assistance Program
(FRDAP) to the City of Boynton Beach to fund the renovations to
the Wilson Park site and pool area.
Mr. Bressner requested if Senator Dawson arrives, the item be moved up. There were
no objections to the request.
11. Presentation by the Veterans Advisory Commission requesting
support for the concept of memorializing 1-95 as "P.O.W. IM.I.A.
Memorial Highway".
Commissioner McCray inquired how long this item would take. Commissioner Ensler
responded this item already exists in other states. In order to start the process in
Florida, the State has indicated the request needs to be made by the local municipality.
Accordingly the City of Boynton Beach will make the request. It was noted, Mr. Tom
Kaiser, Chairman of the Veteran's Advisory Commission will be present at the City
Commission meeting to make the presentation.
VI. CONSENT AGENDA:
B. Bids and Purchase Contracts - Recommend Approval - All expenditures
are approved in the 2005-2006 Adopted Budget.
2. Approve a piggyback of Jacksonville Electric Authority Bid#WCS-
123-00 with Insituform Technologies, Inc. of Jacksonville, FL to
reline wastewater pipelines adjacent to the "The Crossings" in the
amount of $98,500.00. (Table to 2/7/06)
Mr. Bressner indicated Item B. could be removed from the agenda or tabled to the
following meeting. He explained the issue is whether or not there will be concurrence
with the Crossings Homeowners Association by February 7th. There was agreement
leave it on the table.
3. Approve a piggyback of Palm Beach County Bid#05-074MP to Way
Cool Playgrounds of Delray Beach in the amount of $49,932.77 and
to Contract Connection, Inc. of Jacksonville Beach, FL in the
amount of $25,354.92 for a total expenditure of $75,287.69 for
playground equipment and outdoor furniture for two areas of City.
Commissioner Ensler requested clarification on this item. He explained the City already
has a playground by the Old School, and the contract indicates the playground will be
located by the Civic Center. Mr. Bressner will report back to Commissioner Ensler
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January 13, 2006
about this. Commissioner Ensler questioned, in light of the problems the City is
experiencing with the Wilson Center and Intracoastal Park, whether the City should be
spending these funds in this way or spend the monies on projects that the City already
approved and will need to fund. Mayor Taylor indicated the request would be reviewed.
4. Approve a piggyback RFP#04-14R of Tamarac, FL for Medical
Billing Services with Advanced Data Processing, Inc. (ADPI) of
Miami, FL for professional technical and workforce assistance for
the ALS transport billing program. This service receives a
percentage of account collections (7%). No immediate
expenditures are anticipated at this time. (Proposed Resolution
No. R06-)
Commissioner Ferguson requested that the agenda reflect the fact that this item could
increase revenues by $150K - $200K. Commissioner McCray agreed with
Commissioner Ferguson' comments.
C. Resolutions:
2. Proposed Resolution No. R06- RE: Approving and
authorizing execution of an Agreement for Water Service Outside
the City Limits with Banyan Cay LLC for the property at 1061
Highland Rd, Lantana, FL. (Ridge Grove Lot #63)
Commissioner Ferguson requested a better location map for these types of items. He
remarked he is not pulling the item if it is south of Hypoluxo Road.
3.
Proposed Resolution No. R06-
League of Cities key priority issues.
RE: Adopting the Florida
Commissioner McCray requested this item be pulled for public comments.
4. Proposed Resolution No. R06- RE: Approving and
authorizing execution of an agreement with the South Florida
Water Management District (SFWMD) to accept a $500,000 grant
for the installation and development of one (1) Floridan Aquifer test
well and two (2) Floridan Aquifer dual-zone monitoring wells.
Commissioner Ensler requested this item be pulled for comments by staff. He
explained this is a great step forward for the City of Boynton Beach as a leader in Palm
Beach County. He requested staff speak about how important this item.
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5. Proposed Resolution No. R06- RE: Approving and
authorizing execution of Grant Agreement between the City and
State of Florida, Department of State, Division of Library and
Information Services, for the expansion project of the Boynton
Beach City Library to secure the grant amount of $500,000.00.
Commissioner McCray requested verification that this is the grant the City went to
Tallahassee for and was turned down on. Mr. Bressner replied it was the same grant.
Commissioner Ensler had questions about the grant. He requested an explanation
between differing language in the back-up documents and the application as it pertained
to construction and furniture and equipment expenditures. He had additional questions
on Items D, F, I and L of the grant agreement and specifically how they are to use the
funds.
Library Director, Virginia Farace clarified equipment and furnishings are considered part
of construction and are a state requirement to ensure the building is not a "shell". She
explained $500K was designated for furnishings and equipment, when the budget for
the grant agreement was submitted. She elaborated the total budget for the library
includes furniture and equipment.
Commissioner Ensler announced he would not want to see the City in a position of
being forced to spend $500K if it is unnecessary. He requested verification that if the
entire $500K isn't spent on equipment and furnishings, they would still receive the
entire $500K amount. Ms. Farace and Attorney Cherof responded they would. Ms.
Farace further clarified the first application indicated the final product would be an
equipped and furnished building and the $500K was the amount the City Commission
intended to use for that purpose. She explained if the equipment expenditure were less
than the $500K, the City would still receive the full $500K grant. Ms. Farace explained
the reason why the documents need to be signed and returned is because Tallahassee
is now in the process of reviewing applications for open documents and will reallocate
the funds.
6.
Proposed Resolution No. R06-
recommendations.
RE: Approving Pay Plan
Commissioner Ferguson requested the item be pulled. Commissioner McCray also
requested the item be pulled. He had received correspondence from Debbie Lytle and
wanted the issues addressed. Mr. Bressner explained the letter from Ms. Lytle included
some issues that were not part of the pay study, and some portions were. He explained
he would have a response to issues raised on page two of her letter, pertaining to
specific questions regarding the results of the pay study. The other items listed in her
letter were outside the scope of the pay study. Mr. Bressner expressed his hope the
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January 13, 2006
City Commission would not delay the review of the study due questions that were not
part of the original scope of work. Commissioner McCray indicated he wasn't
recommending the item be delayed, and was fine with the proposed study. He
elaborated he wanted the issues addressed for the Commission. Mr. Bressner will
provide a follow up report but it was unlikely it would be ready by Tuesday.
D. Ratification of Planning & Development Board Action:
1. United Way of Palm Beach County, Inc. (MSPM 05-010) Request
for a major site plan modification to construct a one-story 5,000
square foot office building adjacent to the existing 16,393 square
foot office all on 6.22 acres zoned PID.
Commissioner Ensler will pull this item as a quasi-judicial item.
2. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a,
requiring a minimum lot frontage of 60 feet to allow a minimum lot
frontage of 57 feet (a variance of 3 feet), and requiring a minimum
lot area of 7,500 square feet to allow a minimum lot area of
approximately 6,850 square feet (a variance pf 650 square feet) for
a proposed single-family residence within the R-1-A Single-Family
zoning district. (Not heard by the P&D; to be postponed to the
January 24, 2006 P&D meeting and February 21, 2006 City
Commission Meeting)
This item was tabled at the Planning and Development Board.
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
A.
Project:
Agent:
Owner:
Location:
Description:
Rapido Rabbit Carwash (CO US 05-004)
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.
Request for Conditional Use and Site Plan approval for a
4.595 square foot automated car wash facility and related
site improvements on a 0.88 acre site zoned M-1, Industrial.
(Tabled to 2/7/06)
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Attorney Cherof announced he had spoken with Mr. Weiner who requested this item
remain on the table until the second meeting in February since there will not be a full
Commission meeting on February 7,2006
x. FUTURE AGENDA ITEMS:
· Commissioner McCray asked that a Cellular 911 Dispatch issue be placed on
Future Agenda Items for discussion and public involvement. Mr. Bressner
explained the calls, at present, go to the County and not the City of Boynton
Beach. There are some technologies and interlocal issues involved. He
indicated the Florida League of Cities is involved in this issue as well.
Commissioner Ensler relayed his experience with a neighbor and a 911 call he
made from his cell phone.
· Mr. Bressner announced the Commission would be participating in Palm Beach
County Days, which conflicts with the first City Commission Meeting in March.
He asked if the City Commission wanted a special meeting or whether to move
the meeting to February 28, 2006. There was discussion that some of the
Commissioners are leaving on Tuesday at noon, and others are leaving on
Monday. Commissioner Ensler questioned if it was meaningful enough to have
two Commission meetings in a row. Mr. Bressner responded he thought it would,
and detailed there would be some business items and zoning issues coming up.
There was consensus to have a meeting February 28.
· Mr. Bressner also reminded the Commission there is a special meeting to
consider the issues before the South Central Regional Wastewater Treatment
and Disposal Board, (SCRWTD Board). The Commission will meet immediately
after the SCRWTD meeting. It was also determined there would be a quorum
for the meeting.
· Commissioner McCray suggested adding a Future Agenda Item pertaining to
generators for gas stations. Mr. Bressner said that would be addressed under
Future Agenda Items, Item G.
· Mayor Taylor announced he was approached by several individuals regarding
the City's Ordinance as it pertains to the adult entertainment establishments.
Mayor Taylor indicated there is an ordinance in Oregon, which has been
challenged and has stood up in court. Attorney Cherof has a copy of the
ordinance and will review it to determine if any changes to the current City
Ordinance are needed.
· Commissioner McCray brought up the incident in Delray Beach where gunshots
were fired into the air and the bullets injured residents. Mayor Taylor noted the
City of Delray is reviewing the issue. Commissioner McCray requested an item
be placed on the Future Agenda Items regarding this issue.
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F. Capital Improvement Budget Review - February 2006
· Commissioner Ensler thought the item would warrant an extensive discussion.
He asked whether hearing this item would be appropriate at a City Commission
meeting. Mr. Bressner responded he would like to begin the item at the
Commission meeting and then take the meeting offsite if necessary. There were
no objections to hearing this item on February 28, 2006.
· Mr. Bressner indicated another Future Agenda Item pertaining to the City's
Pension Consultant Report is needed. He explained the matter was originally
planned for February 7,2006. The Pension Consultant, however, will not be able
to meet with the Commission Members individually before the meeting. He
suggested moving the report to February 28th. The report would be given to the
City Commission by the end of this month. There was consensus this was
acceptable.
There was discussion that the February 28th meeting would be a short meeting.
XI. NEW BUSINESS:
A. Status Report on the potential of establishing a policy for affordable
housing within the CRA.
Attorney Cherof addressed this item. He explained he would provide a report to the City
Commission, which would be an overview of what the legal basis would be for
establishing affordable housing policies. He explained the policies have not been
defined and thought public input would be beneficial. Commissioner McCray requested
the definition of "affordable" be included in the report.
Commissioner Ensler announced Mr. David Zimet wants to address this issue.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
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.
Commissioner Ensler had a question relating to procedures and the requirements for
these units as they related to utilities. Mr. Bressner responded the units receive a
Certificate of Occupancy, after all the utilities, strapping, stabilizers and the trailers are
inspected. Commissioner Ensler requested that procedure be outlined and the
language be incorporated into the Ordinance.
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3. Proposed Ordinance No. 06-002 RE: Amending
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) (Gulfstream Gardens Phase II
LUAR 05-012)
Commissioner McCray asked if the site plan was ready. Planning and Zoning Director,
Mike Rumpf responded the items are ready to go.
8. Proposed Ordinance No. 06-007 RE: Abandoning
the southwest corner of Lot 6 of "Killian's Park"; thence east, along
the north right-of-way line of Miller Road, a distance of 450 feet.
(Palm Cove ABAN 05-008)
a. Palm Cove (NWSP 05-031) Request new site plan approval
to construct 121 fee-simple townhouses, recreation
amenities and related site improvements on 7.402 acres in
the Planned Unit Development (PUD) zoning district.(Tabled
on 1/3/06)
Commissioner McCray had questions regarding this request. Mr. Rumpf responded
those items were tabled on the first reading so the site plan could be approved
concurrently with the second reading of the Ordinances. It was noted all the items
would be heard together. Mayor Taylor clarified they will be voted on separately.
B. Ordinance - 1 st Reading
1.
Proposed Ordinance No. 06-
quasi-judicial items on agenda.
RE: Placement of
Commissioner Ensler indicated they changed the procedure regarding the timing of
when items come from the Community Redevelopment Agency and Planning and
Development Board, to the City Commission. He pointed out the language in the
Ordinance is written in the reverse. Attorney Cherof will correct this.
D. Other:
1. Approval of proposed settlement for the property owned by
Frank Janots.
Mr. Bressner gave a brief overview of this item. He explained the acquisition of this
property is the last remaining parcel in the INCA Stormwater Management Project. He
recommended settling the purchase of the property, based on an offer to purchase
made to another property owner to avoid going to trial. The City recalculated the cost of
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January 13, 2006
the acquisition and of going to trial, and determined the City would be saving money by
settling the matter.
Attorney Cherof announced this is the last acquisition for this project. The previous
acquisition involved Mr. Bob Brown who was asking $2M - $3M for his property. The
City offered $154K during settlement negotiations. Ultimately Mr. Brown was awarded
$80K which is less than the $99K the court originally ordered the City to pay into the
court registry. When this matter is settled, the difference in the amount of $19,000 plus
interest would come back to the City. Mayor Taylor understood the matter was going to
be appealed.
XIV. ADJOURNMENT
There being no further business, the meeting adjourned at 10:35 a.m.
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