Minutes 12-29-06
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD AT BOYNTON BEACH CITY COMMISION CHAMBERS
ON FRIDAY, DECEMBER 29, 2006 AT 9:00 A.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Commissioner
Jose Rodriguez, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Bob Ensler, Vice Mayor
CALL TO ORDER:
Mayor Taylor called the meeting to order at 9:02 a.m.
tD.l. Additions, Deletions, Corrections
Mayor Taylor advised the Proclamation for Martin Luther King, Jr. Day would be added to the
agenda as III.C.1.a
XIII.B. Follow-up discussion on site plan for Ocean 95 Industrial Project
Mayor Taylor assumed a decision was all that would be required. Mr. Bressner inquired if any
additional information or explanation would be needed. He reviewed the available options.
Commissioner Rodriguez requested clarification on the process for acquiring the one property. Mr.
Bressner explained normally a negotiated purchase of the property within the guidelines outlined in
the staff report would be attempted. If the property owner did not agree, a legal determination of
public purpose for taking of the property would be pursued requiring a resolution by the Commission
to proceed with eminent domain. Regardless of the option chosen, the developer would be seeking
approval of the site plan.
Mayor Taylor and Commissioner McCray advised they were prepared to make a decision and had all
the information they required.
V.A. Appointments to be made:
I
III
II
Ensler
Rodriguez
McCray
Recreation & Parks Board
Recreation & Parks Board
Recreation & Parks Board
Alt
Reg
Reg
1 yr term to 4/07 Tabled (3)
3 yr term to 4/07
3 yr term to 4/08 Tabled (2)
Mayor Taylor explained there was an applicant for the Recreation and Parks Board and
suggested precedence should be given to the regular appointments. He emphasized the
choice was entirely up to the Commissioners with the appointments.
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Boynton Beach, FL
December 29, 2006
Commissioner McCray noted he would appoint the applicant if Commissioner Rodriguez
declined.
V1.B.l.Award a piggyback with Contract Connection in the amount of $56,103 for
purchase and installation of play equipment in the Southeast Neighborhood Park
based on a contract with Palm Beach County Playground and Park Equipment
Contract #05074A.
VI.B.2.Approve a piggyback with Davco Electrical Contractors Corp. (Davco) in the
amount of $51,650 for construction of the electrical element of the development
of the Southeast Neighborhood Park based on a contract with the Palm Beach
County School Board, Contract #06C-411.
Commissioner McCray requested the address for the Southeast Neighborhood Park be added to the
agenda for informational purposes.
V1.B.3.Approve utilizing the Florida State Contract #600-760-00-1 issued to Pitney
Bowes for the purpose of entering into a four (4) year lease agreement for a new
DI950 Folding and Inserting System at a cost of $56,284.32 with a one (1) time
installation and training cost of $1,186 for a total cost of $57,470.32. (Proposed
Resolution No. 07-)
Commissioner McCray asked if the contract included service and repairs.
Bobby Jenkins, Assistant Director of Financial Services, responded the contract did include service.
VI.C.l.Proposed Resolution No. 07- RE: Removing the "cap" on the
Land Acquisition Trust Fund to allow state agencies and local governments to
have available funding for critically needed land acquisition and management
funding.
Commissioner McCray requested an explanation of the intent of the resolution. Mr. Bressner advised
the State places a cap on distribution of the funds and any surplus is held in the State General Fund.
The policy statement in the resolution to the State legislature requests the State utilize the funds for
their intended purpose only.
V1.C4. Proposed Resolution No. 07- RE: Approving and authorizing
execution of Scope of Services (Appendix A) for the 2007-08 Fire Assessment
Work Plan with Government Services Group, Inc., at a cost not to exceed $25,300.
Commissioner McCray asked when the fire assessment had commenced. Mr. Bressner replied the
last year would be September 2007 to October 2008.
V11.A. Approve payment of settlement from continuing negotiations in the amount of
$75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al.
Commissioner McCray questioned the amount of the settlement.
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Agenda Preview Conference
Boynton Beach, FL
December 29,2006
Mayor Taylor noted the lawsuit was the result of a rear end accident involving a City vehicle. It was
estimated that a court decision could be over $100,000.
Chuck Magazine, Risk Manager, added the settlement was the result of extensive negotiations.
VII.B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the
lien in Case 04-1890 from $14,043.24 to the City's administrative costs of
$1,018.24.
Commissioner McCray questioned why the fine was so high when the intent was only to collect the
administrative costs. Mr. Bressner suggested a chronology of events be prepared. Mayor Taylor
added the case involved above ground fuel tanks installed on a property that had changed
ownership several times. The tanks had never been permitted. The newest owners have totally
removed the fuel tanks.
VIII.A.project: Miraflor (ANEX 06-009)
Agent: Bradley Miller, Miller Land Planning Consultants, Inc.
Owner: SCI Funeral Services of Florida, Inc.
Location: West side of North Seacrest Boulevard across from Mentone Road
Description: Request to annex the subject property (3.87 acres). (1st Reading
Proposed Ordinance No. 06-093)(Tabled to January 2, 2007)
VIII. B. Project: Miraflor (LUAR 06-022)
Agent: Bradley Miller, Miller Land Planning Consultants, Inc.
Owner: SCI Funeral Services of Florida, Inc.
Location: West side of North Seacrest Boulevard across from Mentone Road
Description: Request to amend the Comprehensive Plan Future Land Use Map
from Institutional (Palm Beach County INST) to High Density
Residential (HDR 10.8 du/ac) (1st Reading Proposed Ordinance
No. 06-094) (Tabled to January 2, 2007)
Request to rezone from Residential, Multi-family (PBC RM) to
Multi-family Residential (R-3) (1st Reading Proposed Ordinance
No. 06-095) (Tabled to January 2, 2007)
Proposed use:Residential development consisting of 40 multi-family town home
units.
Commissioner McCray advised he would move to remove the items from the table.
VIII. F. Project:
Agent:
Owners:
Location:
Description
Chow Hut (SPTE 06-014)
Anthony Mauro
(N/A)
558 Gateway Boulevard
Request for a 12 month site plan time extension for site plan
approval granted on November 1, 2005, to extend site plan
approval from November 1, 2006 to November 1, 2007.
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Agenda Preview Conference
Boynton Beach, FL
December 29,2006
Mr. Bressner recommended this item be moved to after item XII.B.2 extending the period for site
plans from 12 months to 18 months, then the extension would be automatic. Mayor Taylor
contended the reason for the ordinance was to accommodate large projects. Chow Hut was a
very small project and would ultimately receive 24 months.
Commissioner McCray favored granting the twelve months extension
Commissioner Rodriguez pointed out there could be an inquiring of the applicant if six additional
months would be sufficient.
IX.A. Review by Recreation" Parks and Arts Administrator of possible pocket park
next to Sunshine Square
Mr. Bressner located the property for clarification. He noted the recommendation was that a
pocket park would not be feasible.
IX.B. Follow-up Report on Implementation Team of Boynton Assembly Project
Mr. Bressner advised the Commission review would include accepting the five topic areas and
agreeing on the number and identity of the individuals to serve on the subcommittees.
Commissioner Rodriguez suggested any changes to the recommended members should be
submitted prior to the meeting. Commissioner McCray cautioned having vacancies on the
committees would be counterproductive also. Mr. Bressner noted after Commission approval was
received the candidates would be contacted regarding their willingness to serve.
Commissioner Rodriguez contended some type of structure should be recognized. Mr. Bressner
agreed a chairperson would need to be selected on each committee and subcommittee. He also
recommended the creation of two new positions should be based on the recommendation of the
committees.
XII.C.2.Proposed Ordinance No. 07- RE: Amending Ordinance 05-060 to
provide that the art fee does not apply to projects which had applications
pending on or before October 5, 2005; providing that the 300/0 of the 1010 (.03)
Public Art fee is collected by the Building Department at time of Building Permit
issuance and the 700/0 of the 1010 (.07) prior to and as a condition of issuance of
the certificate of occupancy which includes the Public Art.
Commissioner McCray inquired if this would conclude the discussion on the arts fee. Attorney
Cherof advised a second public hearing would be required on January 16, 2007.
XII.C.4.Proposed Ordinance No. 07- RE: Amending section 2-16 of the
Code of Ordinances to add a new sub-section (i) to modify the commencement
of terms for Board Appointees from April to November to coincide with the City
election sequence.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
December 29,2006
Commissioner McCray suggested the appointments continue to be made in April because it gave
Commissioners elected in November an opportunity to feel more comfortable with the process and
people before the appointments are made.
Mayor Taylor noted the appointments had continued to be made in April even after the March
elections were moved to November for the City of Boynton Beach. Mr. Bressner noted the
ordinance specified the second meeting in November. There was consensus that the actual
appointments take place the first meeting in December following the November election and the
ordinance would be corrected to reflect the change.
XII.E.l.Closed door Executive Session to discuss pending litigation in the following
case:
Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L.
Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of
Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007)
Commissioner Rodriguez inquired if the individual meetings with the City Attorney had been
completed. Mayor Taylor pointed out the case had been ongoing for four years and he was
familiar with the case. Commissioner McCray did not require a meeting with counsel.
XIII.A.Continued discussion of Community Redevelopment Agency Board. (Tabled to
January 2, 2007)
Mayor Taylor reiterated any discussion should be conducted with a full Commission present.
Commissioner Rodriguez agreed to table the discussion for at least one more meeting until
Commissioner Ensler's condition could be determined. Various scheduling changes were
discussed.
Commissioner McKoy suggested an update on Commissioner Ensler's condition should be
announced to the public.
Commissioner McCray added he would be making remarks praising the Police Department
regarding the incident at the Boynton Beach Mall.
There being no further business to come before the Commission, Mayor Taylor properly adjourned
the meeting at 9:31 a.m.
(Continued on next page)
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Minutes
Agenda Preview Conference
Boynton Beach, FL
December 29,2006
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